Court filing
Bill text (reported House) — H.R. 3684, Infrastructure Investment and Jobs Act (IIJA/ERC) (2021-06-22)
Filed June 22, 2021 in Hr3684 Iija ERC; one of 5 filings from this case.
Record facts
| Court | U.S. Congress |
|---|---|
| Filed | 2021-06-22 |
Full text
IB Union Calendar No. 49 117TH CONGRESS 1ST SESSION H. R. 3684 [Report No. 117–70] To authorize funds for Federal-aid highways, highway safety programs, and transit programs, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JUNE 4, 2021 Mr. DEFAZIO (for himself, Ms. NORTON, and Mr. PAYNE) introduced the fol- lowing bill; which was referred to the Committee on Transportation and Infrastructure JUNE 22, 2021 Additional sponsors: Mr. GARAMENDI, Ms. WILSON of Florida, and Ms. WILLIAMS of Georgia JUNE 22, 2021 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed [Strike out all after the enacting clause and insert the part printed in italic] [For text of introduced bill, see copy of bill as introduced on June 4, 2021] VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 3684 RH A BILL To authorize funds for Federal-aid highways, highway safety programs, and transit programs, and for other purposes. VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6652 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 3684 RH Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Investing in a New Vi- 4 sion for the Environment and Surface Transportation in 5 America Act’’ or the ‘‘INVEST in America Act’’. 6 SEC. 2. TABLE OF CONTENTS. 7 The table of contents for this Act is as follows: 8 Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. References. DIVISION A—FEDERAL SURFACE TRANSPORTATION PROGRAMS FOR FISCAL YEAR 2022 Sec. 101. Definitions. Sec. 102. Extension of Federal Surface Transportation programs. Sec. 103. Additional amounts for the Federal-aid highway program and member designated projects. Sec. 104. Federal Transit Administration. Sec. 105. National highway traffic safety administration. Sec. 106. Federal motor carrier safety administration. Sec. 107. Member designated project authorizations. DIVISION B—SURFACE TRANSPORTATION Sec. 1001. Applicability of division. TITLE I—FEDERAL-AID HIGHWAYS Subtitle A—Authorizations and Program Conditions Sec. 1101. Authorization of appropriations. Sec. 1102. Obligation limitation. Sec. 1103. Definitions and declaration of policy. Sec. 1104. Apportionment. Sec. 1105. Additional deposits into Highway Trust Fund. Sec. 1106. Transparency. Sec. 1107. Complete and context sensitive street design. Sec. 1108. Innovative project delivery Federal share. Sec. 1109. Transferability of Federal-aid highway funds. Sec. 1110. Tolling. Sec. 1111. HOV facilities. Sec. 1112. Buy America. Sec. 1113. Federal-aid highway project requirements. Sec. 1114. State assumption of responsibility for categorical exclusions. Sec. 1115. Surface transportation project delivery program written agreements. VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6213 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 3684 RH Sec. 1116. Corrosion prevention for bridges. Sec. 1117. Sense of Congress. Sec. 1118. Accommodation of certain facilities in right-of-way. Sec. 1119. Federal grants for pedestrian and bike safety improvements. Subtitle B—Programmatic Infrastructure Investment Sec. 1201. National highway performance program. Sec. 1202. Increasing the resilience of transportation assets. Sec. 1203. Emergency relief. Sec. 1204. Railway crossings. Sec. 1205. Surface transportation program. Sec. 1206. Transportation alternatives program. Sec. 1207. Bridge investment. Sec. 1208. Construction of ferry boats and ferry terminal facilities. Sec. 1209. Highway safety improvement program. Sec. 1210. Congestion mitigation and air quality improvement program. Sec. 1211. Electric vehicle charging stations. Sec. 1212. National highway freight program. Sec. 1213. Carbon pollution reduction. Sec. 1214. Recreational trails. Sec. 1215. Safe routes to school program. Sec. 1216. Bicycle transportation and pedestrian walkways. Sec. 1217. Noise barriers. Sec. 1218. Safe streets for all. Sec. 1219. Youth service and conservation corps. Subtitle C—Project-Level Investments Sec. 1301. Projects of national and regional significance. Sec. 1302. Community transportation investment grant program. Sec. 1303. Clean corridors program. Sec. 1304. Community climate innovation grants. Sec. 1305. Metro performance program. Sec. 1306. Gridlock reduction grant program. Sec. 1307. Rebuild rural bridges program. Sec. 1308. Parking for commercial motor vehicles. Sec. 1309. Active connected transportation grant program. Sec. 1310. Wildlife crossings program. Sec. 1311. Reconnecting neighborhoods program. Sec. 1312. Apprenticeship utilization. Subtitle D—Planning, Performance Management, and Asset Management Sec. 1401. Metropolitan transportation planning. Sec. 1402. Statewide and nonmetropolitan transportation planning. Sec. 1403. National goals and performance management measures. Sec. 1404. Transportation demand data and modeling study. Sec. 1405. Fiscal constraint on long-range transportation plans. Subtitle E—Federal Lands, Tribes, and Territories Sec. 1501. Territorial and Puerto Rico highway program. Sec. 1502. Tribal transportation program. Sec. 1503. Tribal High Priority Projects program. Sec. 1504. Federal lands transportation program. Sec. 1505. Federal lands and Tribal major projects program. VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6213 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 3684 RH Sec. 1506. Office of Tribal Government Affairs. Sec. 1507. Alternative contracting methods. Sec. 1508. Divestiture of federally owned bridges. Sec. 1509. Study on Federal funding available to Indian Tribes. Sec. 1510. GAO study. Sec. 1511. Federal lands access program. Subtitle F—Additional Provisions Sec. 1601. Vision zero. Sec. 1602. Speed limits. Sec. 1603. Dig Once for broadband infrastructure deployment. Sec. 1604. Stormwater best management practices. Sec. 1605. Pedestrian facilities in the public right-of-way. Sec. 1606. Highway formula modernization report. Sec. 1607. Consolidation of programs. Sec. 1608. Student outreach report to Congress. Sec. 1609. Task force on developing a 21st century surface transportation work- force. Sec. 1610. On-the-job training and supportive services. Sec. 1611. Appalachian development highway system funding flexibility. Sec. 1612. Transportation education development program. Sec. 1613. Working group on construction resources. Sec. 1614. Numbering system of highway interchanges. Sec. 1615. Toll credits. Sec. 1616. Transportation construction materials procurement. Sec. 1617. Nationwide road safety assessment. Sec. 1618. Climate resilient transportation infrastructure study. Sec. 1619. Natural gas, electric battery, and zero emission vehicles. Sec. 1620. Guidance on evacuation routes. Sec. 1621. High priority corridors on National Highway System. Sec. 1622. Guidance on inundated and submerged roads. Sec. 1623. Dry bulk weight tolerance. Sec. 1624. Highway use tax evasion projects. Sec. 1625. Labor standards. Sec. 1626. Climate resiliency report by GAO. Sec. 1627. Designation of John R. Lewis Voting Rights Highway. Sec. 1628. GAO study on capital needs of public ferries. Sec. 1629. Use of modeling and simulation technology. Sec. 1630. GAO study on per-mile user fee equity. Sec. 1631. GAO review of equity considerations at State DOTs. Sec. 1632. Study on effectiveness of suicide prevention nets and barriers for struc- tures other than bridges. Sec. 1633. Transportation planning activities. Sec. 1634. Better Utilizing Infrastructure for Lasting Development of Veterans Businesses Act. Sec. 1635. Vehicle weight limitations. Sec. 1636. Roadway worker protection working group. Sec. 1637. GAO study on nature-based solutions for coastal highway resilience. Sec. 1638. Prohibition on the use of civil penalties for campaign finance. Sec. 1639. Repeal of pilot program. Sec. 1640. Technical corrections. VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6213 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 3684 RH TITLE II—PUBLIC TRANSPORTATION Subtitle A—Federal Transit Administration Sec. 2101. Authorizations. Sec. 2102. Chapter 53 definitions. Sec. 2103. General provisions. Sec. 2104. Miscellaneous provisions. Sec. 2105. Policies and purposes. Sec. 2106. Fiscal years 2022 and 2023 formulas. Sec. 2107. Metropolitan transportation planning. Sec. 2108. Statewide and nonmetropolitan transportation planning. Sec. 2109. Obligation limitation. Sec. 2110. Public transportation emergency relief funds. Sec. 2111. Certification requirements. Sec. 2112. Hold harmless. Sec. 2113. Study on accessibility of public transportation. Subtitle B—Improving Frequency and Ridership Sec. 2201. Multi-jurisdictional bus frequency and ridership competitive grants. Sec. 2202. Incentivizing frequency in the urban formula. Sec. 2203. Mobility innovation. Sec. 2204. Formula grants for rural areas. Sec. 2205. One-stop paratransit program. Subtitle C—Buy America and Other Procurement Reforms Sec. 2301. Buy America. Sec. 2302. Bus procurement streamlining. Sec. 2303. Bus testing facility. Sec. 2304. Repayment requirement. Sec. 2305. Definition of urbanized areas following a major disaster. Sec. 2306. Special rule for certain rolling stock procurements. Sec. 2307. Spare ratio waiver. Subtitle D—Bus Grant Reforms Sec. 2401. Formula grants for buses. Sec. 2402. Bus facilities and fleet expansion competitive grants. Sec. 2403. Zero emission bus grants. Sec. 2404. Restoration to state of good repair formula subgrant. Sec. 2405. Workforce development training grants. Subtitle E—Supporting All Riders Sec. 2501. Low-income urban formula funds. Sec. 2502. Rural persistent poverty formula. Sec. 2503. Demonstration grants to support reduced fare transit. Sec. 2504. Equity in transit service planning. Sec. 2505. GAO study on fare-free transit. Subtitle F—Supporting Frontline Workers and Passenger Safety Sec. 2601. National transit frontline workforce training center. Sec. 2602. Public transportation safety program. Sec. 2603. Innovation workforce standards. Sec. 2604. Safety performance measures and set asides. VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6213 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 3684 RH Sec. 2605. U.S. Employment Plan. Sec. 2606. Technical assistance and workforce development. Sec. 2607. Resilient public transportation study. Subtitle G—Transit-Supportive Communities Sec. 2701. Transit-supportive communities. Sec. 2702. Property disposition for affordable housing. Sec. 2703. Affordable housing incentives in capital investment grants. Subtitle H—Innovation Sec. 2801. Mobility innovation sandbox program. Sec. 2802. Transit bus operator compartment redesign program. Sec. 2803. Federal Transit Administration Every Day Counts initiative. Sec. 2804. Technical corrections. Sec. 2805. National advanced technology transit bus development program. Sec. 2806. Public transportation innovation. Sec. 2807. Transit vehicle battery recycling and reuse. Subtitle I—Other Program Reauthorizations Sec. 2901. Reauthorization for capital and preventive maintenance projects for Washington Metropolitan Area Transit Authority. Sec. 2902. Other apportionments. Subtitle J—Streamlining Sec. 2911. Fixed guideway capital investment grants. Sec. 2912. Rural and small urban apportionment deadline. Sec. 2913. Disposition of assets beyond useful life. Sec. 2914. Innovative coordinated access and mobility. Sec. 2915. Passenger ferry grants. Sec. 2916. Evaluation of benefits and Federal investment. Sec. 2917. Best practices for the application of National Environmental Policy Act of 1969 to federally funded bus shelters. Sec. 2918. Capital investment grant streamlining. Sec. 2919. Disposition of rolling stock to improve air quality goals. TITLE III—HIGHWAY TRAFFIC SAFETY Sec. 3001. Authorization of appropriations. Sec. 3002. Highway safety programs. Sec. 3003. Fair and equitable traffic safety enforcement. Sec. 3004. Highway safety research and development. Sec. 3005. Grant program to prohibit racial profiling. Sec. 3006. National safety campaigns. Sec. 3007. National priority safety programs. Sec. 3008. Minimum penalties for repeat offenders for driving while intoxicated or driving under the influence. Sec. 3009. National priority safety program grant eligibility. Sec. 3010. Implicit bias research and training grants. Sec. 3011. Stop motorcycle checkpoint funding. Sec. 3012. Electronic driver’s license. Sec. 3013. Motorcyclist Advisory Council. Sec. 3014. Report on marijuana research. Sec. 3015. Comptroller General study on national DUI reporting. VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6213 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 3684 RH Sec. 3016. Report on impaired driving. Sec. 3017. Impaired driving countermeasure. TITLE IV—MOTOR CARRIER SAFETY Subtitle A—Motor Carrier Safety Grants, Operations, and Programs Sec. 4101. Motor carrier safety grants. Sec. 4102. Motor carrier safety operations and programs. Sec. 4103. Immobilization grant program. Sec. 4104. Operation of small commercial vehicles study. Subtitle B—Motor Carrier Safety Oversight Sec. 4201. Motor Carrier Safety Advisory Committee. Sec. 4202. Compliance, safety, accountability. Sec. 4203. Terms and conditions for exemptions. Sec. 4204. Safety fitness of motor carriers of passengers. Sec. 4205. Providers of recreational activities. Sec. 4206. Amendments to regulations relating to transportation of household goods in interstate commerce. Sec. 4207. Broker guidance. Subtitle C—Commercial Motor Vehicle Driver Safety Sec. 4301. Commercial driver’s license for passenger carriers. Sec. 4302. Alcohol and controlled substances testing. Sec. 4303. Entry-level driver training. Sec. 4304. Driver detention time. Sec. 4305. Truck Leasing Task Force. Sec. 4306. Hours of service. Sec. 4307. Driver recruitment. Sec. 4308. Screening for obstructive sleep apnea. Sec. 4309. Women of Trucking Advisory Board. Sec. 4310. Application of commercial motor vehicle safety. Sec. 4311. Use of data. Subtitle D—Commercial Motor Vehicle and Schoolbus Safety Sec. 4401. Schoolbus safety standards. Sec. 4402. Illegal passing of schoolbuses. Sec. 4403. State inspection of passenger-carrying commercial motor vehicles. Sec. 4404. Automatic emergency braking. Sec. 4405. Underride protection. Sec. 4406. Transportation of horses. Sec. 4407. Additional State authority. Sec. 4408. Updating the required amount of insurance for commercial motor ve- hicles. Sec. 4409. Universal electronic identifier. TITLE V—INNOVATION Sec. 5001. Authorization of appropriations. Subtitle A—Research and Development Sec. 5101. Highway research and development program. Sec. 5102. Materials to reduce greenhouse gas emissions program. VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6213 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 3684 RH Sec. 5103. Transportation research and development 5-year strategic plan. Sec. 5104. University transportation centers program. Sec. 5105. Unsolicited research initiative. Sec. 5106. National cooperative multimodal freight transportation research pro- gram. Sec. 5107. Wildlife-vehicle collision reduction and habitat connectivity improve- ment. Sec. 5108. Research activities. Sec. 5109. Transportation equity research program. Sec. 5110. Surface transportation research, development, and technology. Sec. 5111. Metropolitan planning research pilot program. Sec. 5112. Integrated project delivery. Sec. 5113. Accelerated implementation and deployment of advanced digital con- struction management systems. Subtitle B—Technology Deployment Sec. 5201. Technology and innovation deployment program. Sec. 5202. Accelerated implementation and deployment of pavement technologies. Sec. 5203. Federal Highway Administration Every Day Counts initiative. Subtitle C—Emerging Technologies Sec. 5301. Mobility through advanced technologies. Sec. 5302. Intelligent transportation systems program. Sec. 5303. National highly automated vehicle and mobility innovation clearing- house. Sec. 5304. Study on safe interactions between automated vehicles and road users. Sec. 5305. Nontraditional and Emerging Transportation Technology Council. Sec. 5306. Surface transportation workforce retraining grant program. Sec. 5307. Third-party data integration pilot program. Sec. 5308. Third-party data planning integration pilot program. Sec. 5309. Automated commercial vehicle reporting. Sec. 5310. Task Force to Promote American Vehicle Competitiveness. Subtitle D—Surface Transportation Funding Pilot Programs Sec. 5401. State surface transportation system funding pilot. Sec. 5402. National surface transportation system funding pilot. Subtitle E—Miscellaneous Sec. 5501. Ergonomic seating working group. Sec. 5502. Repeal of section 6314 of title 49, United States Code. Sec. 5503. Transportation workforce outreach program. Sec. 5504. Advisory council on transportation statistics. Sec. 5505. GAO review of discretionary grant programs. TITLE VI—MULTIMODAL TRANSPORTATION Sec. 6001. National multimodal freight policy. Sec. 6002. National freight strategic plan. Sec. 6003. National multimodal freight network. Sec. 6004. State freight advisory committees. Sec. 6005. State freight plans. Sec. 6006. Study of freight transportation fee. Sec. 6007. National Surface Transportation and Innovative Finance Bureau. VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6213 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 3684 RH Sec. 6008. Transportation equity advisory committee. Sec. 6009. Sense of Congress. TITLE VII—TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION ACT Sec. 7001. Transportation Infrastructure Finance and Innovation Act. DIVISION C—HAZARDOUS MATERIALS TRANSPORTATION Sec. 8001. Short title. TITLE I—AUTHORIZATIONS Sec. 8101. Authorization of appropriations. TITLE II—HAZARDOUS MATERIALS SAFETY AND IMPROVEMENT Sec. 8201. Repeal of certain requirements related to lithium cells and batteries. Sec. 8202. Transportation of liquefied natural gas by rail tank car. Sec. 8203. Hazardous materials training requirements and grants. Sec. 8204. Lithium battery approval. DIVISION D—RAIL Sec. 9001. Short title. TITLE I—AUTHORIZATIONS Sec. 9101. Authorization of appropriations. Sec. 9102. Passenger rail improvement, modernization, and expansion grants. Sec. 9103. Consolidated rail infrastructure and safety improvement grants. Sec. 9104. Railroad rehabilitation and improvement financing. Sec. 9105. Bridges, stations, and tunnels (BeST) grant program. Sec. 9106. Buy America. TITLE II—AMTRAK REFORMS Sec. 9201. Amtrak findings, mission, and goals. Sec. 9202. Amtrak status. Sec. 9203. Board of Directors. Sec. 9204. Amtrak preference enforcement. Sec. 9205. Use of facilities and providing services to Amtrak. Sec. 9206. Prohibition on mandatory arbitration. Sec. 9207. Amtrak ADA assessment. Sec. 9208. Prohibition on smoking on Amtrak trains. Sec. 9209. State-supported routes operated by Amtrak. Sec. 9210. Amtrak Police Department. Sec. 9211. Amtrak food and beverage. Sec. 9212. Clarification on Amtrak contracting out. Sec. 9213. Amtrak staffing. Sec. 9214. Special transportation. Sec. 9215. Disaster and emergency relief program. Sec. 9216. Access to recreational trails. Sec. 9217. Amtrak cybersecurity enhancement and resiliency grant program. Sec. 9218. Amtrak and private cars. Sec. 9219. Amtrak Office of Community Outreach. Sec. 9220. Long-distance customer enhancement program. VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6213 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 3684 RH Sec. 9221. Amtrak carbon-free and renewable energy initiatives. TITLE III—INTERCITY PASSENGER RAIL POLICY Sec. 9301. Northeast Corridor Commission. Sec. 9302. Northeast Corridor planning. Sec. 9303. Protective arrangements. Sec. 9304. Interstate rail compacts. Sec. 9305. High-speed rail updates. Sec. 9306. State rail planning formula funds. TITLE IV—COMMUTER RAIL POLICY Sec. 9401. Sense of Congress regarding commuter rail liability insurance. Sec. 9402. Surface Transportation Board mediation of trackage use requests. Sec. 9403. Surface Transportation Board mediation of rights-of-way use requests. TITLE V—RAIL SAFETY Subtitle A—Passenger and Freight Safety Sec. 9501. Study on safety impact of long trains. Sec. 9502. FRA safety reporting. Sec. 9503. Waiver notice requirements. Sec. 9504. Notice of FRA comprehensive safety compliance assessments. Sec. 9505. FRA accident and incident investigations. Sec. 9506. Freight train crew size safety standards. Sec. 9507. Border crossings. Sec. 9508. Yardmasters hours of service. Sec. 9509. Leaking brakes. Sec. 9510. Report on PTC system failures. Sec. 9511. Fatigue reduction management plans. Sec. 9512. Assault prevention and response plans. Sec. 9513. Critical incident stress plans. Sec. 9514. Crewmember certification and qualification. Sec. 9515. Safety management team communication. Sec. 9516. GAO study on reorganization of Office of Railroad Safety. Sec. 9517. Open-top rail car public input. Sec. 9518. New passenger service pre-revenue safety validation plan. Sec. 9519. Safety oversight of nontraditional and emerging rail technologies. Subtitle B—Grade Crossing Safety Sec. 9551. Highway-rail grade crossing separation grants. Sec. 9552. Rail safety public awareness grant. Sec. 9553. Establishment of 10-minute time limit for blocking public highway- rail grade crossings. Sec. 9554. National blocked crossing database. Sec. 9555. Railroad point of contact for blocked crossing matters. Sec. 9556. National highway-rail crossing inventory review. Sec. 9557. Railroad trespassing enforcement grants. Sec. 9558. Railroad trespassing suicide prevention grants. Sec. 9559. Including railroad suicides. Sec. 9560. Report on safety measures required for Quiet Zones. TITLE VI—MISCELLANEOUS Sec. 9601. Rail network climate change vulnerability assessment. VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6213 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 12 •HR 3684 RH Sec. 9602. Advance acquisition. Sec. 9603. University Rail Climate Innovation Institute. Sec. 9604. Workforce diversity and development. Sec. 9605. Requirements for railroad freight cars entering service in United States. Sec. 9606. Rail research and development Center of Excellence. Sec. 9607. Freight railroad locomotive requirements. SEC. 3. REFERENCES. 1 Except as expressly provided otherwise, any reference 2 to ‘‘this Act’’ contained in any division of this Act shall 3 be treated as referring only to the provisions of that divi- 4 sion. 5 DIVISION A—FEDERAL SURFACE 6 TRANSPORTATION PRO- 7 GRAMS FOR FISCAL YEAR 2022 8 SEC. 101. DEFINITIONS. 9 In this division, the following definitions apply: 10 (1) HIGHWAY ACCOUNT.—The term ‘‘Highway 11 Account’’ means the portion of the Highway Trust 12 Fund that is not the Mass Transit Account. 13 (2) MASS TRANSIT ACCOUNT.—The term ‘‘Mass 14 Transit Account’’ means the portion of the Highway 15 Trust Fund established under section 9503(e)(1) of 16 the Internal Revenue Code of 1986. 17 (3) MEMBER DESIGNATED PROJECT.—The term 18 ‘‘member designated project’’ means a project listed in 19 the table in section 107. 20 (4) MEMBER DESIGNATED PROJECT FUNDS.— 21 The term ‘‘member designated project funds’’ means 22 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 13 •HR 3684 RH funds reserved under subsections (d)(1)(B)(i), 1 (f)(1)(A), and (g)(1)(A) to carry out member des- 2 ignated projects listed in the table in section 107(c). 3 (5) SECRETARY.—The term ‘‘Secretary’’ means 4 the Secretary of Transportation. 5 (6) STATE.—The term ‘‘State’’ means the 50 6 States and the District of Columbia. 7 (7) TERRITORY.—The term ‘‘territory’’ means 8 any of the following territories of the United States: 9 (A) American Samoa. 10 (B) The Commonwealth of the Northern 11 Mariana Islands. 12 (C) Guam. 13 (D) The United States Virgin Islands. 14 SEC. 102. EXTENSION OF FEDERAL SURFACE TRANSPOR- 15 TATION PROGRAMS. 16 (a) EXTENSION OF FEDERAL SURFACE TRANSPOR- 17 TATION PROGRAMS.— 18 (1) IN GENERAL.—Unless otherwise provided in 19 this division, the requirements, authorities, condi- 20 tions, eligibilities, limitations, and other provisions 21 authorized under the covered laws, which would other- 22 wise expire on or cease to apply after September 30, 23 2021, are incorporated by reference and shall con- 24 tinue in effect through September 30, 2022. 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 14 •HR 3684 RH (2) AUTHORIZATION OF APPROPRIATIONS.— 1 (A) HIGHWAY TRUST FUND.— 2 (i) HIGHWAY ACCOUNT.— 3 (I) IN GENERAL.—Except as pro- 4 vided in subclause (II), there is author- 5 ized to be appropriated from the High- 6 way Account for fiscal year 2022, for 7 each program under the covered laws 8 with respect to which amounts are au- 9 thorized to be appropriated from such 10 account for fiscal year 2021, an 11 amount equal to the amount author- 12 ized for appropriation with respect to 13 the program from such account for fis- 14 cal year 2021. 15 (II) ADMINISTRATIVE EX- 16 PENSES.—Notwithstanding any other 17 provision of this division, there is au- 18 thorized to be appropriated from the 19 Highway Account for fiscal year 20 2022— 21 (aa) $516,000,000 for admin- 22 istrative expenses of the Federal 23 Highway Administration, as de- 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 15 •HR 3684 RH scribed in section 104(a) of title 1 23, United States Code; and 2 (bb) $30,086,000 for grant 3 administrative expenses of the Na- 4 tional Highway Traffic Safety 5 Administration, as described in 6 section 4001(a)(6) of the FAST 7 Act (Public Law 114–94). 8 (ii) MASS TRANSIT ACCOUNT.— 9 (I) IN GENERAL.—There is au- 10 thorized to be appropriated from the 11 Mass Transit Account for fiscal year 12 2022, for each program under the cov- 13 ered laws with respect to which 14 amounts are authorized to be appro- 15 priated from such account for fiscal 16 year 2021, an amount equal to the 17 amount authorized for appropriation 18 with respect to the program from such 19 account for fiscal year 2021. 20 (II) CONDITION FOR APPORTION- 21 MENT.—No funds authorized in this 22 division or any other Act may be used 23 to adjust Mass Transit Account appor- 24 tionments or withhold funds from Mass 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 16 •HR 3684 RH Transit Account apportionments pur- 1 suant to section 9503(e)(4) of the In- 2 ternal Revenue Code of 1986 in fiscal 3 year 2022. 4 (B) GENERAL FUND.— 5 (i) IN GENERAL.—Except as provided 6 in clauses (ii) and (iii), there is authorized 7 to be appropriated for fiscal year 2022, for 8 each program under covered laws with re- 9 spect to which amounts are authorized to be 10 appropriated for fiscal year 2021 from an 11 account other than the Highway Account or 12 the Mass Transit Account, an amount not 13 less than the amount authorized for appro- 14 priation with respect to the program under 15 the covered laws for fiscal year 2021. 16 (ii) ADMINISTRATIVE EXPENSES.—Not- 17 withstanding any other provision of this di- 18 vision, there is authorized to be appro- 19 priated from the general fund of the Treas- 20 ury for fiscal year 2022 $131,500,000 for 21 necessary administrative expenses of the 22 Federal Transit Administration. 23 (iii) CAPITAL INVESTMENT GRANTS.— 24 Notwithstanding any other provision of this 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 17 •HR 3684 RH division, there is authorized to be appro- 1 priated from the general fund of the Treas- 2 ury for fiscal year 2022 $3,250,000,000 to 3 carry out section 5309 of title 49, United 4 States Code. 5 (3) USE OF FUNDS.—Except as otherwise pro- 6 vided in this division, amounts authorized to be ap- 7 propriated for fiscal year 2022 with respect to a pro- 8 gram under paragraph (2) shall be distributed, ad- 9 ministered, limited, and made available for obligation 10 in the same manner as amounts authorized to be ap- 11 propriated with respect to the program for fiscal year 12 2021 under the covered laws. 13 (4) OBLIGATION LIMITATION.— 14 (A) IN GENERAL.—Except as provided in 15 subparagraph (B), a program for which amounts 16 are authorized to be appropriated under para- 17 graph (2)(A) shall be subject to a limitation on 18 obligations for fiscal year 2022 in the same 19 amount and in the same manner as the limita- 20 tion applicable with respect to the program for 21 fiscal year 2021 under the title I of the Trans- 22 portation, Housing and Urban Development, 23 and Related Agencies Appropriations Act, 2021 24 (Public Law 116–260). 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 18 •HR 3684 RH (B) FEDERAL-AID HIGHWAY AND HIGHWAY 1 SAFETY CONSTRUCTION PROGRAMS.— 2 (i) IN GENERAL.—Notwithstanding 3 any other provision of this section, section 4 1102 of the FAST Act (Public Law 114– 5 94), section 1101 of title I of division B of 6 the Continuing Appropriations Act, 2021 7 and Other Extensions Act (Public Law 8 116–159), or title I of the Transportation, 9 Housing and Urban Development, and Re- 10 lated Agencies Appropriations Act, 2021 11 (Public Law 116–260), for fiscal year 2022, 12 the obligations for Federal-aid highway and 13 highway safety construction programs shall 14 not exceed $46,400,294,311. 15 (ii) LIMITATION ON FEDERAL HIGHWAY 16 ADMINISTRATION ADMINISTRATIVE EX- 17 PENSES.—Notwithstanding any other provi- 18 sion of this section, of the amount described 19 in clause (i), for fiscal year 2022 an 20 amount not to exceed $492,000,000 together 21 with advances and reimbursements received 22 by the Federal Highway Administration, 23 shall be obligated for necessary expenses for 24 administration and operation of the Federal 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 19 •HR 3684 RH Highway Administration or transferred to 1 the Appalachian Regional Commission for 2 administrative activities associated with the 3 Appalachian Development Highway Sys- 4 tem. 5 (b) NATIONALLY SIGNIFICANT FREIGHT AND HIGHWAY 6 PROJECTS.—Section 117(d)(2)(A) of title 23, United States 7 Code, is amended in the matter preceding clause (i)— 8 (1) by striking ‘‘$600,000,000’’ and inserting 9 ‘‘$700,000,000’’; and 10 (2) by striking ‘‘2021’’ and inserting ‘‘2022’’. 11 (c) DISADVANTAGED BUSINESS ENTERPRISES.—Sec- 12 tion 1101(b) of the FAST Act (Public Law 114–94) (except 13 for the requirements related to gross receipts under para- 14 graph (2)(A)(ii) of such section) shall apply to amounts 15 made available under sections 102, 103, 104 of this divi- 16 sion. 17 (d) DEFINITIONS.—In this section, the term ‘‘covered 18 laws’’ means the following: 19 (1) Section 1101 of title I of division B of the 20 Continuing Appropriations Act, 2021 and Other Ex- 21 tensions Act (Public Law 116–159). 22 (2) Titles I, III, IV, V, and VI of division A of 23 the FAST Act (Public Law 114–94). 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 20 •HR 3684 RH (3) Division A, division B, subtitle A of title I 1 and title II of division C, and division E of MAP– 2 21 (Public Law 112–141). 3 (4) Titles I, II, and III of the SAFETEA–LU 4 Technical Corrections Act of 2008 (Public Law 110– 5 244). 6 (5) Titles I, II, III, IV, V, and VI of SAFETEA– 7 LU (Public Law 109–59). 8 (6) Titles I, II, III, IV, and V of the Transpor- 9 tation Equity Act for the 21st Century (Public Law 10 105–178). 11 (7) Titles II, III, and IV of the National High- 12 way System Designation Act of 1995 (Public Law 13 104–59). 14 (8) Title I, part A of title II, title III, title IV, 15 title V, and title VI of the Intermodal Surface Trans- 16 portation Efficiency Act of 1991 (Public Law 102– 17 240). 18 (9) Title 23, United States Code. 19 (10) Sections 116, 117, 330, and 5505 and chap- 20 ters 53, 139, 303, 311, 313, 701, and 702 of title 49, 21 United States Code. 22 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 21 •HR 3684 RH SEC. 103. ADDITIONAL AMOUNTS FOR THE FEDERAL-AID 1 HIGHWAY PROGRAM AND MEMBER DES- 2 IGNATED PROJECTS. 3 (a) AUTHORIZATION OF APPROPRIATIONS.— 4 (1) IN GENERAL.—In addition to amounts au- 5 thorized under section 102, there is authorized to be 6 appropriated from the Highway Account for fiscal 7 year 2022, for activities under this section, 8 $14,742,808,640. 9 (2) CONTRACT AUTHORITY.—Amounts authorized 10 to be appropriated under paragraph (1) shall be 11 available for obligation as if apportioned under chap- 12 ter 1 of title 23, United States Code. 13 (b) OBLIGATION AUTHORITY.— 14 (1) IN GENERAL.— 15 (A) AMOUNT.—Notwithstanding any other 16 provision of law, for fiscal year 2022, obligations 17 for activities authorized under subsection (a) 18 shall not exceed $14,742,808,640. 19 (B) PERIOD OF AVAILABILITY.— 20 (i) IN GENERAL.—Except as provided 21 in clause (ii), obligation authority made 22 available under this paragraph shall— 23 (I) remain available until Sep- 24 tember 30, 2025; and 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 22 •HR 3684 RH (II) be in addition to the amount 1 of any limitation imposed on obliga- 2 tions for Federal-aid highway and 3 highway safety construction programs 4 for fiscal year 2022 under section 102 5 or future fiscal years under any other 6 provision of law. 7 (ii) EXCEPTION.—Except as provided 8 in subsection (i)(2)(E), obligation authority 9 associated with a member designated project 10 shall remain available until expended. 11 (2) DISTRIBUTION OF OBLIGATION AUTHORITY.— 12 (A) IN GENERAL.—Of the obligation author- 13 ity provided under paragraph (1), the Secretary 14 shall make available to States, Tribes, Puerto 15 Rico, the territories, and Federal land manage- 16 ment agencies, during the period of fiscal year 17 2022, amounts of obligation authority equal to 18 the amounts described in paragraphs (1) through 19 (5) of subsection (c), respectively. 20 (B) FURTHER DISTRIBUTION.—Each State, 21 each Tribe, Puerto Rico, each territory, and each 22 Federal land management agency receiving 23 funds under paragraphs (1) through (5) of sub- 24 section (c), respectively, shall receive an amount 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 23 •HR 3684 RH of obligation authority equal to the funds re- 1 ceived under any of such paragraphs. 2 (c) DISTRIBUTION OF FUNDS.—Amounts authorized to 3 be appropriated for fiscal year 2022 under subsection (a) 4 shall be distributed as follows: 5 (1) $14,343,545,973 to the States. 6 (2) $167,481,814 to Tribes. 7 (3) $52,400,251 to Puerto Rico. 8 (4) $55,012,918 to the territories. 9 (5) $124,367,684 to Federal land management 10 agencies. 11 (d) SUPPLEMENTAL STATE FUNDS.— 12 (1) DISTRIBUTION.— 13 (A) AMONG STATES.—Amounts distributed 14 to States under subsection (c)(1) shall be distrib- 15 uted among the States in the same ratio as total 16 State apportionments under section 104(c)(1) of 17 title 23, United States Code, in fiscal year 2022. 18 (B) WITHIN A STATE.—Of the amount dis- 19 tributed to a State under subparagraph (A)— 20 (i) the amount specified in section 107 21 for each member designated project in the 22 State shall be reserved to carry out such 23 project; and 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 24 •HR 3684 RH (ii) any remaining amount shall be 1 available to the State under paragraph (2). 2 (2) TREATMENT.—Funds made available under 3 paragraph (1)(B)(ii) shall be— 4 (A) available for activities eligible under 5 section 133(b) of title 23, United States Code, 6 subject to subsection (c) of such section; and 7 (B) administered as if apportioned under 8 chapter 1 of title 23, United States Code. 9 (e) TRIBAL FUNDS.—Amounts distributed to Tribes 10 under subsection (c)(2) shall be— 11 (1) available for activities eligible under the trib- 12 al transportation program under section 202 of title 13 23, United States Code; and 14 (2) administered as if allocated under section 15 202 of title 23, United States Code, except that the 16 set-aside described in subparagraph (C) of section 17 202(b)(3) of such title and subsections (a)(6), (c), (d), 18 and (e) of section 202 of such title shall not apply to 19 such funds. 20 (f) PUERTO RICO FUNDS.— 21 (1) DISTRIBUTION.—Of the amount distributed 22 to Puerto Rico under subsection (c)(3)— 23 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 25 •HR 3684 RH (A) the amount specified in section 107 for 1 each member designated project in Puerto Rico 2 shall be reserved to carry out such project; and 3 (B) any remaining amount shall be avail- 4 able to Puerto Rico under paragraph (2). 5 (2) TREATMENT.—Funds made available under 6 paragraph (1)(B) shall be— 7 (A) administered as if allocated under sec- 8 tion 165(b) of title 23, United States Code; 9 (B) available for activities described under 10 paragraph (2)(C)(iii) of such section; and 11 (C) not subsection to subparagraph (A) or 12 (B) of paragraph (2) of such section. 13 (g) TERRITORIAL FUNDS.— 14 (1) DISTRIBUTION.—Of the amount distributed 15 to a territory under subsection (c)(4)— 16 (A) the amount specified in section 107 for 17 each member designated project in the territory 18 shall be reserved to carry out such project; 19 (B) of amounts remaining after the dis- 20 tribution under subparagraph (A), not more 21 than $1,392,918 shall be made available to 22 American Samoa; and 23 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 26 •HR 3684 RH (C) any remaining amount shall be avail- 1 able to the territories as described under para- 2 graph (2). 3 (2) TREATMENT.—Funds made available under 4 subparagraphs (B) and (C) of paragraph (1) shall be 5 administered as if allocated under, and available for 6 activities described under, section 165(c) of title 23, 7 United States Code. 8 (h) FEDERAL LAND MANAGEMENT AGENCY FUNDS.— 9 (1) DISTRIBUTION.—Amounts distributed under 10 subsection (c)(5) shall be distributed among the Fed- 11 eral land management agencies as follows: 12 (A) $99,494,147 for the National Park Serv- 13 ice. 14 (B) $9,949,415 for the United States Fish 15 and Wildlife Service. 16 (C) $6,301,296 for the United States Forest 17 Service. 18 (D) $8,622,826 to be allocated to the re- 19 maining Federal land management agencies de- 20 scribed in section 203(b) of title 23, United 21 States Code. 22 (2) TREATMENT.—Funds made available under 23 paragraph (1) shall be— 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 27 •HR 3684 RH (A) available for activities eligible under the 1 Federal lands transportation program under sec- 2 tion 203 of title 23, United States Code; and 3 (B) administered as if allocated under sec- 4 tion 203 of title 23, United States Code. 5 (i) MEMBER DESIGNATED PROJECTS.— 6 (1) TREATMENT.— 7 (A) IN GENERAL.—Member designated 8 project funds shall be available until expended, 9 except as specified in paragraph (2)(C)(iv). 10 (B) REQUIREMENTS.— 11 (i) IN GENERAL.—Except as specified 12 in paragraph (2)(C)(iv) or clauses (ii) or 13 (iii), member designated project funds shall 14 be administered as if apportioned— 15 (I) for a project eligible under 16 chapter 1 of title 23, United States 17 Code, under such chapter; 18 (II) for a project eligible under 19 chapter 2 of title 23, United States 20 Code, under such chapter; or 21 (III) for a project eligible under 22 chapter 53 of title 49, United States 23 Code, under such chapter. 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 28 •HR 3684 RH (ii) FEDERAL SHARE.—Notwith- 1 standing any other provision of law, the 2 Federal share of the cost of a project as- 3 sisted with member designated project funds 4 shall be determined in accordance with sec- 5 tion 120 of title 23, United States Code, or, 6 in the case of a transit capital project, may 7 be determined in accordance with section 8 5323(i)(1) of title 49, United States Code, if 9 applicable. 10 (iii) TRANSIT PROJECTS.— 11 (I) TRANSFERS.—Member des- 12 ignated project funds made available 13 for transit capital and planning 14 projects may be transferred to, and ad- 15 ministered by, the Secretary in accord- 16 ance with section 104(f) of title 23, 17 United States Code. 18 (II) DESIGNATED RECIPIENTS.— 19 Member designated project authoriza- 20 tions specified in section 107 distrib- 21 uted to a State for transit capital and 22 planning projects shall be made avail- 23 able for obligation to a designated or 24 direct recipient or subrecipient under 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 29 •HR 3684 RH chapter 53 of title 49, United States 1 Code, as specified in section 107 or, if 2 no such eligible recipient is identified, 3 to the designated recipient in the loca- 4 tion specified in such section. 5 (2) REPURPOSING OF FUNDS.— 6 (A) IN GENERAL.— 7 (i) REQUEST.—Beginning on October 8 1, 2025, except as described in clause (ii), 9 if less than 10 percent of the amount re- 10 served for a member designated project for 11 a State, Puerto Rico, or territory has been 12 obligated, the State, Puerto Rico, or a terri- 13 tory, respectively, may submit to the Sec- 14 retary, a request to use, under subpara- 15 graph (B)— 16 (I) the unobligated amount re- 17 served for the member designated 18 project; and 19 (II) the obligation authority that 20 is associated with such amount. 21 (ii) COMPLETED PROJECTS.—If the 22 project has been completed and an unobli- 23 gated amount remains reserved for a mem- 24 ber designated project, a State, Puerto Rico, 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 30 •HR 3684 RH or territory may submit to the Secretary 1 certification that such project has been com- 2 pleted (and the Secretary shall verify such 3 completion). Upon verification, the State, 4 Puerto Rico, or territory, respectively, may 5 use, under subparagraph (B)— 6 (I) the unobligated amount re- 7 served for the member designated 8 project; and 9 (II) the obligation authority that 10 is associated with such amount. 11 (B) CONSIDERATIONS.—In making the de- 12 termination under subparagraph (A)(i), the Sec- 13 retary shall— 14 (i) consider whether the member des- 15 ignated project can be completed with the 16 amount reserved for the member designated 17 project and other committed funds; 18 (ii) determine whether the public enti- 19 ty serving as the project sponsor listed in 20 the Committee Report, or any subsequent 21 report superceding such Committee Report, 22 accompanying this Act supports the pro- 23 posed repurposing; and 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 31 •HR 3684 RH (iii) ensure that the proposed 1 repurposing would be used for a project 2 with the same eligible project type. 3 (C) TREATMENT.—Funds for which the Sec- 4 retary approves a request or verifies a completed 5 project under subparagraph (A)— 6 (i) may be used and shall be treated— 7 (I) for a request by a State, as if 8 such amount was made available 9 under subsection (d)(1)(B)(ii); 10 (II) for a request by Puerto Rico, 11 as if such amount was made available 12 under subsection (f)(1)(B); and 13 (III) for a request by a territory, 14 as if such amount was made available 15 under subsection (g)(1)(C); 16 (ii) shall be used within the location 17 described in subparagraph (D)(ii); 18 (iii) shall be subject to the Federal 19 share specified in section 120 of title 23, 20 United States Code, or, in the case of a 21 transit capital project, may be determined 22 in accordance with section 5323(i)(1) of 23 title 49, United States Code, as applicable; 24 and 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 32 •HR 3684 RH (iv) notwithstanding paragraph 1 (1)(A)(ii), shall remain available for obliga- 2 tion for a period of 3 fiscal years after the 3 last day of the fiscal year in which the Sec- 4 retary approves the request. 5 (D) LOCATION OF PROJECTS.—Funds for 6 which the Secretary approves a request under 7 subparagraph (A) shall— 8 (i) for funds specified in section 107 to 9 be used within a metropolitan planning 10 area (as such term is defined in section 11 134(b) of title 23, United States Code), ap- 12 plied to an activity within or predomi- 13 nantly serving such metropolitan area; 14 (ii) for funds specified in section 107 15 to be used within a political subdivision of 16 a State, applied to an activity within or 17 predominantly serving such political sub- 18 division; 19 (iii) for funds specified in section 107 20 to be used within Puerto Rico, applied to 21 an activity within Puerto Rico; and 22 (iv) for funds specified in section 107 23 to be used within a territory, applied to an 24 activity within such territory. 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 33 •HR 3684 RH (E) OBLIGATION AUTHORITY.—Notwith- 1 standing subsection (b)(1)(B)(ii), obligation au- 2 thority that is repurposed under this paragraph 3 shall remain available for obligation for a period 4 of 3 fiscal years after the last day of the fiscal 5 year in which the Secretary approves the request 6 or verifies the completed project under subpara- 7 graph (A). 8 SEC. 104. FEDERAL TRANSIT ADMINISTRATION. 9 (a) ALL STATIONS ACCESSIBILITY PROGRAM.— 10 (1) IN GENERAL.—The Secretary may make 11 grants under this subsection to assist eligible entities 12 in financing capital projects to upgrade accessibility 13 for persons with disabilities by increasing the number 14 of covered stations that meet (including exceeding) the 15 new construction standards of title II of the Ameri- 16 cans with Disabilities Act of 1990 (42 U.S.C. 12131 17 et seq.). 18 (2) ELIGIBLE COSTS.—A grant awarded under 19 this section shall be used on a covered system for the 20 purpose described in paragraph (1) only— 21 (A) for a project to repair, improve, or relo- 22 cate station infrastructure at a covered station; 23 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 34 •HR 3684 RH (B) to develop or modify a plan for pur- 1 suing public transportation accessibility projects; 2 or 3 (C) to carry out other projects at covered 4 stations that meet (including exceeding) the new 5 construction standards of title II of the Ameri- 6 cans with Disabilities Act of 1990 (42 U.S.C. 7 12131 et seq.). 8 (3) ELIGIBLE FACILITIES.—The Secretary— 9 (A) may not provide a grant awarded 10 under this subsection to upgrade a station that 11 is accessible to and usable by individuals with 12 disabilities, including individuals who use wheel- 13 chairs, consistent with current new construction 14 standards under title II the Americans with Dis- 15 abilities Act of 1990 (42 U.S.C. 1231 et seq.); 16 and 17 (B) may provide a grant to upgrade a sta- 18 tion that is not accessible and usable as described 19 in paragraph (1), even if related services, pro- 20 grams, or activities, when viewed in entirety, are 21 readily accessible and usable as so described. 22 (4) APPLICATION.—To apply for a grant under 23 this subsection, an applicant shall provide to the Sec- 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 35 •HR 3684 RH retary such information as the Secretary may re- 1 quire, including, at a minimum, information on— 2 (A) the extent to which the proposed project 3 will increase the accessibility of a covered sys- 4 tem; 5 (B) projected improvements in access to 6 jobs, community activities, and essential destina- 7 tions provided by such project; 8 (C) the applicant’s plans to— 9 (i) enhance the customer experience 10 and maximize accessibility of rolling stock 11 and stations for individuals with disabil- 12 ities; 13 (ii) improve the operations of, provide 14 efficiencies of service to, and enhance the 15 public transportation system for individuals 16 with disabilities; and 17 (iii) address equity of service to all 18 riders regardless of ability, including for 19 riders of differing abilities that are low-in- 20 come, seniors, or riders from communities of 21 color; and 22 (D) coordination between the applicant and 23 disability advocacy entities. 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 36 •HR 3684 RH (5) FEDERAL SHARE.—The Federal share of the 1 net project cost of a grant provided under this sub- 2 section shall be 90 percent. The recipient may provide 3 additional local matching amounts. 4 (6) GRANT REQUIREMENTS.—Except as other- 5 wise provided under this subsection, a grant provided 6 under this subsection shall be subject to the require- 7 ments of section 5307 of title 49, United States Code. 8 (7) GRANT SOLICITATION.—The Secretary may 9 provide funds authorized under this subsection 10 through 1 or more notices of funding opportunity. 11 (8) AUTHORIZATION OF APPROPRIATIONS.— 12 There is authorized to be appropriated from the Mass 13 Transit Account $1,000,000,000 for fiscal year 2022 14 to provide grants under this subsection. 15 (9) AVAILABILITY OF AMOUNTS.—Amounts made 16 available under this subsection— 17 (A) shall remain available for 4 fiscal years 18 after the fiscal year for which the amount is 19 made available; and 20 (B) that remain unobligated at the end of 21 the period described in subparagraph (A) shall 22 be made available to other eligible projects. 23 (10) DEFINITIONS.—In this section: 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 37 •HR 3684 RH (A) COVERED STATION.—The term ‘‘covered 1 station’’ means a rail fixed guideway public 2 transportation station for passenger use con- 3 structed prior to the date of enactment of this 4 Act. 5 (B) COVERED SYSTEM.—The term ‘‘covered 6 system’’ means a rail fixed guideway public 7 transportation system that was in operation be- 8 fore July 26, 1990. 9 (C) DISABILITY.—The term ‘‘disability’’ has 10 the meaning given such term in section 3 of the 11 Americans with Disabilities Act of 1990 (42 12 U.S.C. 12102). 13 (D) ELIGIBLE ENTITY.—The term ‘‘eligible 14 entity’’ means a State or local governmental au- 15 thority that operates a rail fixed guideway pub- 16 lic transportation system that was in operation 17 before July 26, 1990. 18 (b) REDUCING TRANSIT DESERTS.— 19 (1) IN GENERAL.—The Secretary may make 20 grants under this subsection to eligible recipients for 21 eligible projects to establish new bus service or in- 22 crease the frequency of bus service. 23 (2) ELIGIBLE PROJECTS.—Eligible projects 24 under this subsection are projects in eligible areas— 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 38 •HR 3684 RH (A) to establish or enhance bus service with 1 headways equal to or shorter than 20 minutes for 2 at least 18 hours per day in neighborhoods lack- 3 ing such service; 4 (B) to establish or increase express lane 5 transit service that connects communities to jobs 6 and essential destinations, as long as such serv- 7 ice will improve mobility or expand affordable 8 transportation options in underserved commu- 9 nities; or 10 (C) to establish or enhance high-quality bus 11 service to community colleges and Minority 12 Serving Institutions, including Historically 13 Black Colleges and Universities. 14 (3) ELIGIBLE COSTS.—Eligible costs under this 15 section include— 16 (A) acquisition of vehicles; 17 (B) acquisition, installation, and construc- 18 tion of bus stops, stations, and related infra- 19 structure; 20 (C) construction or expansion of mainte- 21 nance facilities to support the new or enhanced 22 service; 23 (D) maintenance activities to support the 24 expanded service; and 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 39 •HR 3684 RH (E) operating expenses for up to 2 years be- 1 ginning on the first day of revenue service. 2 (4) APPLICATION.—To apply for a grant under 3 this subsection, an applicant shall provide to the Sec- 4 retary such information as the Secretary may re- 5 quire, including information on the extent to which 6 the project will— 7 (A) provide reliable and frequent connec- 8 tions to jobs, education and workforce training, 9 and essential destinations; 10 (B) reduce air pollution and greenhouse gas 11 emissions; and 12 (C) support unserved and underserved pop- 13 ulations and communities. 14 (5) FEDERAL SHARE.— 15 (A) IN GENERAL.—The Federal share of the 16 net project cost of a capital project carried out 17 using a grant under this subsection shall be 80 18 percent. The recipient may provide additional 19 local matching amounts. 20 (B) OPERATING COSTS.—The Federal share 21 of net operating costs for a project carried out 22 using a grant under this subsection shall be not 23 more than 50 percent. 24 (6) GRANT REQUIREMENTS.— 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 40 •HR 3684 RH (A) IN GENERAL.—A grant under this sub- 1 section shall be subject to the requirements of sec- 2 tion 5307 of title 49, United States Code, for eli- 3 gible recipients, except operating expenses shall 4 be eligible for funding under this subsection for 5 2 years beginning on the first day of revenue 6 service in urbanized areas with populations 7 greater than 200,000. 8 (B) NEW OR ENHANCED SERVICE.—The new 9 or enhanced service funded under this subsection 10 shall be operated for a period of at least 5 years. 11 (7) GRANT SOLICITATION.—The Secretary may 12 provide funds authorized under this subsection 13 through 1 or more notices of funding opportunity. 14 (8) JUSTICE40 INITIATIVE.—In making competi- 15 tive grants under this subsection, the Secretary shall, 16 to the extent practicable, have a goal that 40 percent 17 of the overall benefits of the Federal investment flow 18 to disadvantaged communities, consistent with sec- 19 tions 219 and 223 of Executive Order 14008 and re- 20 lated regulations, Executive Orders, and administra- 21 tive guidance. 22 (9) AVAILABILITY OF AMOUNTS.—Any amounts 23 made available under this subsection— 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 41 •HR 3684 RH (A) shall remain available for 2 fiscal years 1 after the fiscal year for which the amount is 2 made available; and 3 (B) that remain unobligated at the end of 4 the period described in subparagraph (A) shall 5 be made available to other eligible projects. 6 (10) AUTHORIZATION OF APPROPRIATIONS.— 7 There is authorized to be appropriated out of the 8 Mass Transit Account $1,000,000,000 for fiscal year 9 2022 to provide grants under this subsection. 10 (11) DEFINITIONS.—In this subsection: 11 (A) ELIGIBLE AREA.—The term ‘‘eligible 12 area’’ means a neighborhood or service area, as 13 defined by the Secretary, within an urbanized 14 area that has a population of more than 100,000 15 where fewer than 45,000 annual fixed route bus 16 vehicle revenue miles per square mile are oper- 17 ated. 18 (B) ELIGIBLE RECIPIENT.—The term ‘‘eligi- 19 ble recipient’’ means— 20 (i) designated recipients that allocate 21 funds to fixed route bus operators or express 22 lane transit operators; or 23 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 42 •HR 3684 RH (ii) State or local governmental enti- 1 ties that operate or propose to operate fixed 2 route bus service or express lane transit. 3 (C) EXPRESS LANE TRANSIT.—The term 4 ‘‘express lane transit’’ means an integrated com- 5 bination of bus rapid transit and tolled managed 6 lanes that allows for limited access entry of toll 7 paying vehicles to restricted lanes, while 8 prioritizing transit’s need and use of available 9 capacity in order to improve transit perform- 10 ance. 11 (c) FEDERAL SHARE ADJUSTMENTS.— 12 (1) IN GENERAL.—In addition to amounts made 13 available under section 5338(b) of title 49, United 14 States Code, and section 102(a)(2)(B)(iii) of this di- 15 vision, there are authorized to be appropriated for fis- 16 cal year 2022 such sums as may be necessary to in- 17 crease the Federal share, at the request of the project 18 sponsor, of a new fixed guideway, a core capacity im- 19 provement, or a small starts project that is not open 20 to revenue service and that has received an allocation 21 of funding in fiscal years 2019, 2020, or 2021. 22 (2) CRITERIA.—In making allocations under 23 subparagraph (1), the Secretary shall take into con- 24 sideration the extent to which the project sponsor 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 43 •HR 3684 RH demonstrates a need for a higher Federal share, in- 1 cluding the extent to which— 2 (A) a project sponsor made a local financial 3 commitment that exceeded the required non-Fed- 4 eral share of the cost of the project; and 5 (B) a project sponsor has experienced, as a 6 result of the coronavirus public health emer- 7 gency. 8 (3) ADJUSTMENT.—Notwithstanding any other 9 provision of law, if a project meets 1 or both of the 10 criteria in paragraph (2), the Secretary shall increase 11 the Federal share of a project under this section by 12 up to 30 percent, up to a maximum of an 80 percent 13 Federal share. 14 (4) AMOUNT.—Amounts distributed under this 15 subsection shall be provided notwithstanding the limi- 16 tation of any calculation of the maximum amount of 17 Federal financial assistance for the project for a new 18 fixed guideway, a core capacity improvement, or a 19 small start project. 20 SEC. 105. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINIS- 21 TRATION. 22 (a) SPECIAL FUNDING FOR FISCAL YEAR 2022.— 23 (1) IN GENERAL.— 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 44 •HR 3684 RH (A) AUTHORIZATION OF APPROPRIA- 1 TIONS.—In addition to amounts authorized 2 under section 102, there is authorized to be ap- 3 propriated from the Highway Account for fiscal 4 year 2022, for activities under this subsection, 5 $244,514,000. 6 (B) CONTRACT AUTHORITY.—Amounts au- 7 thorized under subparagraph (A) shall be avail- 8 able for obligation in the same manner as if such 9 funds were apportioned under chapter 1 of title 10 23, United States Code. 11 (C) OBLIGATION LIMITATION.—Notwith- 12 standing any other provision of law, for fiscal 13 year 2022, obligations for activities authorized 14 under this paragraph and obligations for activi- 15 ties authorized under section 16 102(a)(2)(A)(i)(II)(bb) that exceed amounts au- 17 thorized under section 4001(a)(6) of the FAST 18 Act (Public Law 114–94) shall not exceed 19 $247,783,000. 20 (2) DISTRIBUTION OF FUNDS.—Amounts author- 21 ized to be appropriated for fiscal year 2022 under 22 paragraph (1) shall be distributed as follows: 23 (A) $105,000,000 for carrying out section 24 402 of title 23, United States Code. 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 45 •HR 3684 RH (B) $15,312,000 for carrying out section 1 403 of title 23, United States Code. 2 (C) $19,202,000 for carrying out section 3 404 of title 23, United States Code. 4 (D) $105,000,000 for carrying out section 5 405 of title 23, United States Code. 6 (b) COOPERATIVE RESEARCH AND EVALUATION.—Not- 7 withstanding the apportionment formula set forth in section 8 402(c)(2) of title 23, United States Code, and section 9 403(f)(1) of title 23, United States Code, $2,500,000 of the 10 total amount available for apportionment to the States for 11 highway safety programs under section 402(c)(2) of title 23, 12 United States Code, fiscal year 2022, shall be available for 13 expenditure by the Secretary, acting through the Adminis- 14 trator of the National Highway Traffic Safety Administra- 15 tion, for a cooperative research and evaluation program to 16 research and evaluate priority highway safety counter- 17 measures. 18 SEC. 106. FEDERAL MOTOR CARRIER SAFETY ADMINISTRA- 19 TION. 20 (a) SPECIAL FUNDING FOR FISCAL YEAR 2022.— 21 (1) AUTHORIZATION OF APPROPRIATIONS.— 22 (A) IN GENERAL.—In addition to amounts 23 authorized under section 102, there is authorized 24 to be appropriated from the Highway Account 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 46 •HR 3684 RH for fiscal year 2022, for activities under this sub- 1 section, $209,900,000. 2 (B) OBLIGATION LIMITATION.—Notwith- 3 standing any other provision of law, for fiscal 4 year 2022, obligations for activities authorized 5 under this paragraph shall not exceed 6 $209,900,000. 7 (2) DISTRIBUTION OF FUNDS.—Amounts author- 8 ized to be appropriated for fiscal year 2022 under 9 paragraph (1) shall be distributed as follows: 10 (A) Subject to section 31104(c) of title 49, 11 United States Code— 12 (i) $80,512,000 for carrying out sec- 13 tion 31102 (except subsection (l)) of title 49, 14 United States Code); 15 (ii) $14,208,000 for carrying out sec- 16 tion 31102(l) of title 49, United States 17 Code; and 18 (iii) $23,680,000 for carrying out sec- 19 tion 31313 of title 49, United States Code. 20 (B) $91,500,000 for carrying out section 21 31110 of title 49, United States Code. 22 (3) TREATMENT OF FUNDS.—Amounts made 23 available under this section shall be made available 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 47 •HR 3684 RH for obligation and administered as if made available 1 under chapter 311 of title 49, United States Code. 2 (b) ADMINISTRATIVE EXPENSES.—The Administrator 3 of the Federal Motor Carrier Safety Administration shall 4 ensure that funds made available under subsection 5 (a)(2)(B) are used, to the maximum extent practicable, to 6 support— 7 (1) the acceleration of planned investments to 8 modernize the Administration’s information tech- 9 nology and information management systems; 10 (2) the completion of outstanding statutory man- 11 dates required by MAP–21 (112–141) and the FAST 12 Act (114–94); and 13 (3) a Large Truck Crash Causal Factors Study 14 of the Administration. 15 SEC. 107. MEMBER DESIGNATED PROJECT AUTHORIZA- 16 TIONS. 17 (a) MEMBER DESIGNATED PROJECTS.—The amount 18 listed for each member designated project in the table in 19 subsection (c) shall be available (from amounts made avail- 20 able by paragraphs (1), (3), and (4) of section 103(c)) for 21 fiscal year 2022 to carry out each such project. 22 (b) SAVINGS CLAUSE.— 23 (1) ADDITIONAL INFORMATION.—In admin- 24 istering member designated projects, the Secretary 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 48 •HR 3684 RH shall consider the additional information provided in 1 the Committee Report, or any subsequent report 2 superceding such Committee Report, accompanying 3 this Act. 4 (2) SUBSEQUENT PHASES.— 5 (A) IN GENERAL.—Subject to subparagraph 6 (B), nothing in the table in subsection (c), or in 7 the Committee Report, or any subsequent report 8 superceding such Committee Report, accom- 9 panying this Act, shall prevent the Secretary, at 10 the discretion of the Secretary, from allowing a 11 subsequent phase of a member designated project 12 to be carried out with funds reserved for such 13 project under subsection (c). 14 (B) PROJECT SPONSOR CONCURRENCE.— 15 The Secretary shall only allow under this para- 16 graph a subsequent phase of a member des- 17 ignated project to be carried out with funds re- 18 served for such project under subsection (c) with 19 the concurrence of the project sponsor for such 20 project listed in the Committee Report, or any 21 subsequent report superseding such Committee 22 Report, accompanying this Act. 23 (3) REPURPOSING.—Nothing in the table in sub- 24 section (c), or the Committee Report, or any subse- 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 49 •HR 3684 RH quent report superceding such Committee Report, ac- 1 companying this Act, shall prevent funds reserved for 2 a member designated project from being repurposed as 3 described in section 103(i)(2), provided that all re- 4 quirements in such section are satisfied. 5 (c) PROJECT DESIGNATIONS.—The table in this sub- 6 section is as follows: 7 No. Project Name City State/Ter- ritory Amount 1 Cowles Street Reconstruction Fairbanks AK 7,955,000 2 Replace Bridge 114.3 Anchorage AK 6,421,200 3 Seldon Road Ex- tension, Phase 2 Wasilla AK 5,623,800 4 Alabama State Highway 77 Northbound Bridge Re- placement Project Southside AL 2,396,200 5 Lighting and Landscaping on I–85 at Exit 57 Auburn AL 1,840,000 6 Realignment of SR–22 to US– 431 Roanoke AL 8,005,000 7 Red Bay Inter- change Light- ing at SR–24 (Corr V) and SR–19 Red Bay AL 860,000 8 Widening of Hwy 411 Moody AL 509,000 9 Bridge Replace- ment on CR– 39 Montgomery AL 2,339,717 10 Bridge Replace- ment over Sipsey River Greene and Pickens Coun- ties AL 3,296,963 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 50 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 11 Dallas County— Bridge Re- placement on SR–14 Dallas County AL 6,239,939 12 Resurfacing on US–43 Marengo County AL 1,616,000 13 Resurfacing on US–84 Choctaw County AL 1,616,000 14 Streetscape— Civil Rights District Free- dom Trail Birmingham AL 2,000,000 15 Streetscape— Richard Arrington Blvd Safety Improvements Birmingham AL 1,969,664 16 Future I–57 Clay County AR 20,000,000 17 56th Street Roadway Mo- bility and Safety Im- provements Phoenix AZ 5,000,000 18 5th/6th Street Complete Streets Project Tucson AZ 7,000,000 3,500,000 3,500,000 19 77th Street Ac- cess Improve- ments Scottsdale AZ 1,102,748 20 Chino Road Ex- tension Phase II Douglas AZ 2,910,000 21 Cool Pavement Program Phoenix AZ 3,200,000 22 Davis Road Mileposts 5 & 13 Tombstone and McNeal AZ 4,000,000 23 Downtown Elec- tric Vehicle Charging Sta- tions Phoenix AZ 2,400,000 24 Drexel Road Ex- tension and Bridge Project Tucson AZ 5,000,000 25 Electric Bus In- frastructure Flagstaff AZ 1,485,000 26 Flashing Yellow Arrow (FYA) Phase III Glendale AZ 800,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 51 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 27 Grand Canalscape Improvements Phase IV: 47th Avenue to Interstate 17 Phoenix AZ 5,000,000 28 Highline Canal Recreational Path Lighting Replacement Guadalupe AZ 501,824 29 I–10, Loop 202 to SR 387 Phoenix AZ 5,000,000 30 Intersection Safety Im- provements at Six High- Crash Loca- tions in Phoe- nix Phoenix AZ 5,760,000 31 Kyrene Branch Canal Shared Use Path Chandler AZ 1,758,000 32 Lone Tree Cor- ridor Flagstaff AZ 8,000,000 33 Pathway Project, Baffert Dr to Nogales High School Nogales AZ 1,220,169 34 Peters Road Widening Casa Grande AZ 5,000,000 35 San Xavier Road Pedes- trian Pathway Project Tucson AZ 814,000 36 Sonoran Cor- ridor Tier II EIS Tucson AZ 5,000,000 37 South Campbell Avenue Com- plete Streets Project Tucson AZ 6,209,831 38 Tempe/Mesa Streetcar Rio Salado East Extension Tempe and Mesa AZ 4,000,000 39 Tucson Regional North-South Bus Rapid Transit (BRT) Cor- ridor Tucson AZ 6,512,000 3,256,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 52 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 3,256,000 40 US89/ Lake Powell Blvd Roundabout Page AZ 5,000,000 2,500,000 2,500,000 41 California State Route 57/60 Confluence Chokepoint Relief Pro- gram Diamond Bar CA 18,000,000 42 Cohasset Road Widening and Fire Safety Project Cohasset CA 900,000 43 Commerce Cen- ter Drive Bridge, Los Angeles Coun- ty Unincor- porated Los Angeles Coun- ty CA 3,666,666 44 Creating the Next-Genera- tion Santa Ana Regional Transpor- tation Center Santa Ana CA 1,280,000 45 First Avenue Bridges Re- placement over Mojave River and Overflows Barstow CA 7,000,000 46 First Street Pe- destrian Im- provements Santa Ana CA 4,000,000 47 Fix 5 Cascade Gateway Redding CA 15,000,000 48 Harbor Boule- vard Street Improvements Garden Grove CA 6,248,303 49 Intersection Safety Im- provements Projects Anaheim CA 750,000 50 Interstate 10/ Wildwood Canyon Road Interchange Project Yucaipa CA 1,000,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 53 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 51 Interstate 15 (I– 15)/State Route 78 (SR–78) Man- aged Lanes Project Escondido CA 20,000,000 52 Interstate 15 Corridor Op- erations Project Corona CA 3,000,000 53 National Trail Highway Wid- ening Victorville CA 5,000,000 54 Plant 42 Access and Safety Enhancements Palmdale CA 8,666,666 55 Quick Fix Cir- culation Im- provement Project Santa Clarita CA 3,666,666 56 Roe Road Exten- sion Project— Phase 1 Paradise CA 1,800,000 57 Scott Road/ Bundy Can- yon Road Widening Project Menifee CA 12,000,000 58 Sequoia Avenue Railroad Grade Cross- ing Upgrade Simi Valley CA 4,000,000 59 Southgate Inter- change (EIR Only) Chico CA 1,800,000 60 SR–210 5th Street Inter- change Highland CA 3,000,000 61 State Route 41 Excelsior Cor- ridor Project Fresno Coun- ty CA 20,000,000 62 Temescal Can- yon Road Widening Project (El Cerrito Seg- ment) Corona CA 5,000,000 63 The Anaheim Way: Night Owl Transit Service Anaheim CA 650,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 54 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 64 Transit Security & Operations Center Anaheim CA 5,000,000 65 US395 Olancha- Cartago 4 Lane Project Olancha, Cartago CA 2,000,000 66 ‘‘I’’ Street Oper- ating Mainte- nance Facility Rehabilitation Project San Bernardino CA 2,000,000 67 Street Resur- facing Project Daly City CA 1,000,000 68 5 and 134 Free- way Electric Vehicle DC Fast Charging Network Burbank CA 1,000,000 500,000 500,000 69 7th Street Bridge Modesto CA 6,500,000 70 ADA Curb- Ramp and Sidewalk Im- provements Long Beach CA 1,450,000 71 Additional Mini Highs at Caltrain Sta- tions San Fran- cisco, Bur- lingame, San Mateo, Bel- mont, Palo Alto, Moun- tain View, Sunnyvale, San Jose, Morgan Hill, San Martin, and Gilroy CA 856,000 306,000 550,000 72 Agnew Siding Track Infra- structure Project Santa Clara CA 6,610,000 73 Alder Avenue Improvements at SR–210 Rialto CA 2,380,000 74 Altadena Com- munity Safe Routes to School Plan Altadena CA 480,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 55 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 75 Amar Road Complete Streets from Baldwin Park Boulevard to Unruh Ave- nue, Unincor- porated West Puente Valley, CA La Puente CA 2,250,000 76 Anaheim Street Corridor Im- provements Long Beach CA 12,000,000 77 Antioch Bicycle Garden Antioch CA 2,000,000 78 Appian Way Pe- destrian Crossing En- hancements El Sobrante CA 2,000,000 79 Arcade-Cripple Creek Trail (formerly Electric Greenway Trail) Citrus Heights and Orangevale CA 1,100,000 80 Arrow Highway Median Island Installation Project from Azusa Avenue to Citrus Ave- nue Azusa CA 3,000,000 81 Arrow Highway Rehabilitation Project from East City Limit to West City Limit San Dimas CA 1,600,000 82 Artesia Great Boulevard Long Beach CA 8,000,000 83 At-grade Caltrain Crossing Safe- ty Project—E. Bellevue Ave- nue and Villa Terrace San Mateo CA 3,000,000 84 Atlantic Avenue Improvements Los Angeles CA 5,200,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 56 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 85 Atwater-Merced Expressway (AME) Phase 1B Right of Way acquisi- tion Merced CA 2,000,000 86 Azusa Avenue Pedestrian Handicap Ac- cessibility & Signal Syn- chronization Improvements Project West Covina CA 3,000,000 87 Bay Bridge For- ward – I–80/ Powell Street Transit Access and I–80 Westbound Bus Lane Ex- tension Emeryville and Oakland CA 3,000,000 88 Bay Trail at Shoreline Park San Leandro CA 3,000,000 89 Bay Trail Connectivit- y—Vista Point Bay Trail Sausalito CA 1,300,000 90 Belmont Ala- meda de las Pulgas Cor- ridor Project Belmont CA 2,400,000 91 Beverly and Robertson Boulevards Complete Street Im- provements West Holly- wood CA 3,000,000 92 Boulder Creek Complete Streets Im- provements Project Boulder Creek CA 1,500,000 93 Broadway Reha- bilitation Project Glendale CA 2,008,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 57 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 94 Build a non-mo- torized multi- use path along State Route 1, connecting the communities of Morro Bay and Cayucos in San Luis Obispo County Cayucos CA 4,000,000 95 Bus/Rail Sup- port Facilities and Equip- ment (Trolley Yard Expan- sion Project) San Diego CA 2,000,000 96 Cabrillo Mole Phase II Avalon CA 6,700,000 97 Caltrain Cross- ing Optimiza- tion Project San Jose CA 315,000 98 Camino Pablo Pathway Re- habilitation Project Orinda CA 528,000 99 Capital South- East Con- nector—Seg- ment D3 Class 1 Multi-Use Path and Broadband Folsom CA 2,000,000 100 Central Avenue Safety Im- provement Project – Ad- ditional Roundabout Alameda CA 1,800,000 101 Central Mobility Hub Pre-Con- struction Project San Diego CA 25,000,000 12,500,000 12,500,000 102 Chandler Blvd Bike Path Gap Closure Los Angeles CA 400,000 103 Chapman Ave- nue/ Lamplighter Street Traffic Signal Garden Grove CA 400,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 58 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 104 Chip Seal Pro- gram Lakeport CA 2,288,000 105 City of Ojai Electric Trol- ley Ojai CA 440,000 106 City of San Fer- nando Fixed Trolley Serv- ice – Electric Buses City of San Fernando CA 1,340,000 107 City of San Fer- nando Side- walk Repair Project City of San Fernando CA 844,800 108 City of Vista Sidewalk Im- provement Project on Ne- vada Avenue and Lemon Avenue Vista CA 820,368 109 Community Beautification Project Glendale CA 2,400,000 110 Cool Neighbor- hood Projects Los Angeles CA 1,000,000 111 Covina Grade Crossing Safe- ty Projects throughout Metrolink Cor- ridor Covina CA 3,000,000 112 Cudahy City- wide Complete Streets Im- provement Project Cudahy CA 1,700,000 113 CUFC—Wash- ington Street Widening Project Stockton CA 1,200,000 114 Culver CityBus Fleet Elec- trification Fa- cility Infra- structure Culver City CA 3,500,000 115 Del Amo Boule- vard Bridge Replacement and Signal Enhancements Project Cerritos CA 18,000,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 59 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 116 Destination Crenshaw Streetscape Improvement Project Los Angeles CA 7,600,000 117 Downtown Mo- bility Phase 3A San Diego CA 5,600,000 118 Duarte—Donald & Bernice Watson Multi- Use Pathway Improvement Project Duarte CA 1,225,000 119 East Bayshore Road Safety Improvements East Palo Alto CA 1,000,000 120 East Los Angeles Community Mobility Los Angeles CA 800,000 121 East Oakland Hydrogen Fueling Up- grade Oakland CA 2,000,000 122 East San Fer- nando Valley Traffic Sig- nals on the High Injury Network Van Nuys and North Holly- wood CA 1,797,312 123 East San Fer- nando Valley Transit Cor- ridor (ESFVTC) Transit-Ori- ented Commu- nity (TOC) Plan Van Nuys, Arleta, Pacoima CA 1,236,000 124 East San Fer- nando Valley Transit Cor- ridor Project City of San Fernando to Van Nuys CA 10,000,000 125 East San Jose Corridor Safe- ty Improve- ment Project San Jose CA 4,700,000 126 El Camino Real to Via De LaValle San Diego CA 2,500,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 60 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 127 El Cerrito del Norte Area TOD Complete Streets Im- provements Project El Cerrito CA 2,244,000 128 Electric Vehicle Car Share Program San Pedro CA 120,650 129 Elm Avenue Road Diet Re- construction and Class IV- Ventura/Cali- fornia to North Avenue Fresno CA 3,750,000 130 Embarcadero Station Plat- form Elevator Capacity and Redundancy Project San Fran- cisco CA 6,250,000 131 Emerald Neck- lace Quarry Clasp Peck Park Trail Arcadia CA 1,548,800 132 Evelyn Avenue Multi-Use Trail Sunnyvale CA 3,800,000 133 Flint Canyon Trail Repair/ Restoration La Can˜ada Flintridge CA 4,800,000 134 Florence A Line FLM Improve- ments Los Angeles CA 4,000,000 135 Francisquito Av- enue Metrolink At-Grade Safety Im- provements Baldwin Park CA 2,300,000 136 Gardena GTrans Zero-Emission Bus Project Gardena CA 4,400,000 137 Garfield Avenue Complete Streets San Pedro CA 1,500,000 138 Glendora People Movement Glendora CA 5,000,000 139 Gold Line Light Rail Low Floor Station Conversion Folsom and Rancho Cor- dova CA 1,913,788 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00060 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 61 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 140 Golden Gate Bridge Phys- ical Suicide Deterrent Sys- tem (SDS) Project San Fran- cisco CA 6,550,000 141 Hale Avenue/ Santa Teresa Expressway Extension Phase 2A Morgan Hill CA 800,000 142 Harbor Drive 2.0 San Diego and National City CA 800,000 400,000 400,000 143 Hawthorne— 120th Street Improvement Project Hawthorne CA 950,000 144 High Voltage Conversion Fed Program Unit 2 City of Los Angeles CA 347,200 145 Highland Ave- nue and Wa- bash Avenue Intersection Improvement Project Redlands CA 400,000 146 Highway 1 North Bicycle/ Pedestrian Improvements Project Half Moon Bay CA 1,000,000 147 Highway 116/ West Cotati Intersection Safety Im- provement Project Cotati CA 2,000,000 148 Highway 24 LaMorinda Smart Signal System project Orinda and Lafayette CA 2,000,000 149 Highway 9 Safe- ty Improve- ment Project Monte Sereno CA 520,000 150 Highways to Boulevards Los Angeles CA 480,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 62 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 151 I Street Bridge Replacement Project Sacramento and West Sac- ramento CA 15,000,000 152 I–405 Sepulveda Pass (Phase 1) ExpressLanes Los Angeles CA 5,000,000 153 I–505 Vaca Val- ley Parkway Corridor Multimodal Improvements Project Vacaville CA 4,000,000 154 Inglewood Tran- sit Connector (ITC) Inglewood CA 9,200,000 155 Interstate 15 Northern Ex- tension (I–15 NEXT) Jurupa Valley and Eastvale CA 20,000,000 156 Jepson Parkway Vanden Road Complete Streets Project to Travis Air Force Base Fairfield CA 7,460,000 157 LA Streetcar Power Utility Relocations Los Angeles CA 2,000,000 158 Lawndale—Re- dondo Beach Blvd Project Lawndale CA 1,000,000 159 Leesdale Passing Siding Exten- sion and Up- grade, Ventura County, CA Camarillo CA 6,000,000 160 Leucadia Streetscape Phase 2 (Shown in the TransNet as North Coast Highway 101 Beautifi- cation) Encinitas CA 4,000,000 161 Liberty Canyon (Crossing) Agoura Hills CA 5,000,000 162 Link Union Sta- tion Los Angeles CA 5,000,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00062 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 63 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 163 Los Nietos Sun- shine Shuttle Electric Bus Replacement Unincor- porated Los Nietos CA 480,000 164 LOSSAN Cor- ridor Improve- ments Del Mar CA 12,500,000 165 Malaga Bridge Project Fontana CA 15,000,000 166 Market Avenue Complete Street N. Richmond CA 2,170,000 167 Melrose Avenue Complete Street Im- provements West Holly- wood CA 4,944,149 168 Metro Purple Line Beverly/ Wilshire North Portal Project City Beverly Hills CA 5,000,000 169 Middle Avenue Pedestrian/Bi- cycle Rail Crossing Project Menlo Park CA 6,500,000 170 Mission Bl/ Pine St Safety Im- provement Project Fremont CA 2,000,000 171 Mobility for All Project N. Richmond and Bay Point CA 2,000,000 172 Mobility Wallet Demonstration and Research Study Los Angeles County CA 4,000,000 173 Monroe Street Interchange Project Indio CA 20,000,000 174 Napa Valley Vine Trail— Yountville to St. Helena St. Helena CA 3,000,000 175 New Traffic Sig- nal at Morri- son and Se- pulveda Los Angeles CA 710,000 176 New Traffic Sig- nal at Plum- mer and White Oak Av- enue Los Angeles CA 710,400 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00063 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 64 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 177 New Traffic Sig- nal at Scott Creek Rd/ Zinfandel St Fremont CA 950,000 178 New Transit Maintenance Facility Commerce CA 2,000,000 179 North San Jose Bike Plan Im- plementation San Jose CA 3,838,348 180 Oakland 7th St Bike/Ped Im- provements Oakland CA 2,500,000 181 Oakland Ala- meda Access Project Oakland and Alameda CA 2,996,000 182 Ojai Avenue Pe- destrian Crossing Safe- ty Lighting Improvements Ojai CA 440,000 183 Old I Street Bridge Deck Conversion for Active Trans- portation Project West Sac- ramento CA 4,150,000 184 Old Town Streetscape Phase 2 Elk Grove CA 2,000,000 185 Olive/Magnolia Bridge Safety Barrier Rail Project Burbank CA 2,000,000 186 Otay Mesa Truck Route Phase 4 San Diego CA 1,300,000 187 Overlook and Viewpoint Im- provements to end of Mouth of Smith River Road Smith River CA 500,000 188 Pacific Coast Highway at Crenshaw Boulevard Intersection Capacity En- hancements City of Tor- rance CA 652,800 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00064 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 65 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 189 Parkway Drive and Merced Street Bicycle and Pedes- trian Im- provements El Monte CA 2,600,000 190 Pedestrian, ADA, Traffic Signal and Pavement Im- provements along Bus Routes Temple City CA 6,200,000 191 Pine Avenue Ex- tension Chino CA 5,000,000 192 Port of Hueneme Intermodal Improvement Project to Modernize the Port Wharf and Pier and Cargo Facili- ties Oxnard CA 3,000,000 193 Port of Oakland Solar, Battery Storage and Electric Vehi- cle Truck Charger De- ployment Oakland CA 1,000,000 194 Puddingstone Drive Bicycle and Pedes- trian Project La Verne CA 998,000 195 Purchase of elev- en Battery- Electric Buses— SLORTA San Luis Obispo CA 5,000,000 196 Quint-Jerrold Connector Road San Fran- cisco CA 7,200,000 197 Rail to Rail/ River Active Transpor- tation Cor- ridor Project Los Angeles CA 5,000,000 198 Reche Canyon Road Align- ment Colton CA 4,452,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00065 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 66 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 199 Replacement of 2nd Street Bridge over Warm Creek San Bernardino CA 2,000,000 200 Resilient State Route 37 Cor- ridor En- hancement Program Sonoma CA 7,000,000 201 Richmond Park- way Transit Center and Freeway Ac- cess Improve- ments Richmond CA 1,000,000 202 San Fernando Road Bike Path Phase III Sun Valley and North Hollywoood CA 594,027 203 San Francisco Bay Area Rapid Transit (BART) Sta- tion Restroom and Lighting Enhancements Oakland, San Leandro, Berkeley CA 3,000,000 204 San Francisco Bay Area re- gional ad- vance mitiga- tion program lameda, Contra Costa, and Santa Clara counties CA 5,000,000 205 San Pablo Ave- nue Rehabili- tation, City Limits to Pinole Shores Pinole CA 742,000 206 San Rafael Channel Crossing Swing Bridge San Rafael CA 2,000,000 207 Santa Cruz METRO Bus Replacements Santa Cruz CA 1,840,000 208 Santa Cruz Paratransit Vans Replace- ment Project Santa Cruz CA 505,750 209 Saratoga Pedes- trian Walk- way Project Saratoga CA 1,200,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00066 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 67 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 210 Scotts Creek Coastal Resil- iency Project Unincor- porated Santa Cruz County north of Dav- enport CA 3,500,000 211 Sepulveda Tran- sit Corridor City of Los Angeles CA 10,000,000 5,000,000 5,000,000 212 Serramonte Bou- levard and Serramonte Center Drive- way Traffic Signal Colma CA 400,000 213 Sharp Park Pri- ority Develop- ment Area (PDA) Access Resurfacing Project Pacifica CA 960,000 214 Slauson Avenue Congestion Huntington Park CA 1,000,000 215 SMART Russian River Rail Bridge Reha- bilitation Healdsburg CA 13,606,840 216 Solar Energy Project (Phase 2) Stockton CA 5,300,000 217 SR 86 Improve- ment Project Imperial CA 3,000,000 218 SR128/I–505 Overcrossing (Br. 22–0110)/ Russell Blvd Bicycle and Pedestrian Improvements Winters CA 8,540,000 219 State Route 11/ Otay Mesa East Port of Entry San Diego CA 12,500,000 220 State Route 132 West Project Modesto CA 12,000,000 221 State Route 25 Expressway Conversion and State Route 25/156 Interchange Project Hollister CA 10,000,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00067 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 68 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 222 State Route 37 and Fair- grounds Drive Interchange Improvements Vallejo CA 4,000,000 223 State Route 99 Madera South—Oper- ational Im- provement Project Madera CA 10,000,000 224 Stockton Rail Maintenance Facility Ex- pansion Stockton CA 6,715,000 225 Sustainable Mo- bility Expan- sion Project Redlands CA 1,756,630 226 Tarzana Cross- ing Great Streets Project Tarzana—Los Angeles CA 500,000 227 The Highway 101 Multimodal Corridor Project from Santa Bar- bara to Montecito with improvements on Highway 101 (SB–101– PM 9.1/12.3) and Adjacent Local Streets including the Cabrillo Bou- levard Bicycle and Pedes- trian Im- provement Project Santa Bar- bara CA 11,000,000 228 Thornton Avenue Pavement Re- habilitation Newark CA 2,000,000 229 Torrance to Florence Bus Service Torrance CA 4,432,924 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00068 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 69 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 230 Track Rehabili- tation of the San Bernardino Line City of Ran- cho Cucamonga, California spanning to the City of Montclair, California in- cluding the cities of Ran- cho Cucamonga, Upland, and Montclair CA 2,000,000 231 Traffic Signal System Up- grades on I– 680 Project Danville, Walnut Creek, Concord, Pleasant Hill CA 6,000,000 232 Tri MyRide Fleet Expan- sion Project Antioch CA 1,760,000 880,000 880,000 233 TRI-CONNECT, SoCal Freight Initiative Los Angeles CA 3,357,895 234 U.S. 101 and Del Norte Boulevard Interchange Oxnard CA 3,000,000 235 Union Street Protected Bike Lanes Pasadena CA 1,600,000 236 US 101 / Woodside Interchange Improvement Redwood City CA 2,500,000 237 US 101 Safety Improve- ments—South of Salinas Salinas and Chualar (Monterey County) CA 2,000,000 238 US 101/SR 25 Interchange Phase 2— Santa Teresa Boulevard Ex- tension Gilroy CA 5,000,000 239 US–101 Man- aged Lane Project North of I–380 San Mateo CA 10,000,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00069 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 70 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 240 Valley Link— Implementa- tion of Sus- tainability Blueprint Livermore CA 20,000,000 241 Vasco Road Safety Im- provements Phase II Byron CA 3,905,000 242 Vermont Transit Corridor Im- provements Los Angeles CA 10,000,000 3,900,000 6,100,000 243 Walnut Park Bus Stop Im- provements Walnut Park CA 1,200,000 244 Walnut Park Pe- destrian Plan Implementa- tion Walnut Park CA 1,200,000 245 Warm Springs Grade Cross- ing Improve- ments San Jose CA 7,703,100 246 West Berkeley Bicycle and Pedestrian Improvements Berkeley CA 704,000 247 West San Jose Priority Bike- ways Imple- mentation Project San Jose CA 3,285,680 248 West Santa Ana Branch Tran- sit Corridor Los Angeles CA 5,000,000 249 West Valley Con- nector Bus Rapid Tran- sit—Phase 1, and Zero- Emission Bus Initiative San Bernardino CA 5,000,000 250 White Rock Road—0.5 Miles East of Rancho Cor- dova Parkway to the Easterly City Limits Rancho Cor- dova CA 12,307,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00070 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 71 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 251 Widen Central Ave to add new Class II Bike Lanes near U.S. 101 to the north- west city lim- its Camarillo CA 4,000,000 252 Wilmington Wa- terfront-Ava- lon Pedestrian Bridge Wilmington CA 1,000,000 253 Woodman Ave. Pedestrian Improvement Project Panorama City CA 3,256,591 254 Ygnacio Valley Road Project Walnut Creek CA 1,000,000 255 Yosemite Area Regional Transpor- tation System Merced CA 2,250,000 256 Zero Emission Bus Replace- ments, Charg- ing Infra- structure and Zero Emis- sions Job Training Oxnard CA 1,675,000 257 Zero Emission Buses and Charging In- frastructure Wilmington CA 5,000,000 258 Zero Emissions Bus Pur- chase—Pasa- dena, CA Pasadena CA 2,100,000 259 16th St Mall Re- construction Program Denver CO 6,530,000 260 Aurora Bicycle and Pedes- trian Master Plan Update Aurora CO 800,000 261 Big Barnes Ditch Trail Improvements Loveland CO 500,000 262 Cameron Peak Post-Fire Emergency Funding Larimer County CO 2,000,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00071 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 72 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 263 Central Corridor Rail Replace- ment Denver CO 7,930,000 264 CO 9 Widening from Iron Springs to Frisco Summit County CO 1,000,000 265 Easter/Havana Intersection Improvements Centennial CO 6,000,000 266 Eisenhower Johnson Me- morial Tunnel (EJMT) Re- pairs and Up- grades Dillon CO 4,000,000 267 Expansion of Gun Club Road Aurora CO 1,500,000 268 Federal Parkway Multimodal Transpor- tation Im- provements Westminster CO 4,107,114 269 Frisco Transit Center Frisco CO 6,650,000 270 I–25 Valley Highway: Phases 3 and 4 ROW Acqui- sition Denver CO 5,530,000 271 I–25/Belleview Avenue Inter- change Im- provements Greenwood Village CO 10,000,000 272 I–70 and 32nd Ave. Bridge Replacement Wheat Ridge CO 2,000,000 273 SH–72 (Indiana St) Widening at UPRR Arvada CO 1,095,872 274 State Highway 119 and State Highway 52 Multimodal Intersection Improvements Boulder County CO 5,000,000 275 US 36 and Com- munity Drive Roundabout Estes Park CO 850,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00072 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 73 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 276 Wadsworth Wid- ening: 35th Avenue to I– 70 Wheat Ridge CO 10,000,000 277 West Colfax Pe- destrian Safe- ty and Infra- structure Project Lakewood CO 1,750,000 278 Branchville Transit Ori- ented Develop- ment Pedes- trian/Bicycle Improvement Ridgefield CT 1,853,120 279 Comstock Brook Bridge (No. 04975) Re- placement Wilton CT 2,400,000 280 Coventry Main Street Side- walk Project Final Exten- sion Coventry CT 1,200,000 281 CT–195 (Storrs Road) Pedes- trian Safety Improvements Mansfield CT 2,240,000 282 East Haddam/ Haddam Swing Bridge Rehabilitation Project East Haddam CT 5,000,000 283 Essex River Road Bridge and Sidewalk Project Essex CT 2,400,000 284 Five Mile River Bridge (No. 04152) Re- placement Norwalk CT 2,860,000 285 Greater Hartford Mobility Study – Plan- ning and Pre- liminary En- gineering Hartford and East Hartford CT 16,000,000 286 Greenwich Creek Bridge (No. 01872) Re- placement Greenwich CT 2,530,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00073 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 74 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 287 Harbor Brook Bridge (No. 04185) Re- placement Project Meriden CT 2,800,000 288 Intersection Im- provements on Route 39 at Beckerle Street and East Gate Road Danbury CT 3,332,000 289 Mill River Bridge (No. 04953) Re- placement Fairfield CT 2,700,000 290 New Haven Downtown Crossing Phase 4 – Temple Street Crossing New Haven CT 20,000,000 291 New London Pe- destrian Bridge and Public Access Project New London CT 4,860,000 292 Park Avenue Traffic Sig- nals Bridgeport CT 2,686,000 293 Quinebaug River Trail – Plain- field Section Plainfield CT 2,179,953 294 Route 10 Hop Brook Bridge (No. 00653) Replacement Project Simsbury CT 2,400,000 295 Route 109 Bridge (No. 05417) Re- placement Project Morris CT 1,520,000 296 Route 202 Inter- section Im- provement Project Brookfield CT 7,400,000 297 Route 25 Bridge (No. 06750) Rehabilitation Trumbull CT 1,464,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00074 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 75 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 298 Stamford Trans- portation Cen- ter Improve- ment Stamford CT 3,500,000 299 20 x 22 Pro- tected Bike Lanes Washington DC 3,000,000 300 Arboretum Bridge and Trail Washington DC 4,000,000 301 Bus Priority Program Washington DC 4,000,000 302 H Street Bridge Washington DC 3,000,000 303 Metropolitan Branch Trail—Fort Totten to Ta- koma Washington DC 3,000,000 304 Pavement Res- toration, Na- tional High- way Perform- ance Program Washington DC 3,000,000 305 US 113/SR 20 Grade Sepa- rated Intersec- tion Millsboro DE 10,000,000 306 West Camden Bypass Camden DE 10,000,000 307 Approach Road at Cecil Air and Space Port Jacksonville FL 600,000 308 Card Sound Bridge Re- placement Planning and Design Project Key Largo FL 4,200,000 309 City of South Miami Pedes- trian Bridge South Miami FL 4,330,000 310 Commodore Trail Missing Link Miami / Coral Gables FL 999,205 311 Dunedin Cause- way Bridge Project Dunedin FL 8,000,000 5,000,000 3,000,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00075 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 76 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 312 Harborview Road from Melbourne Street to I–75 Port Charlotte FL 20,000,000 313 Marlin Road Roadway Im- provements Project Cutler Bay FL 8,800,000 314 Miami River Greenway— Curtis Park East Miami FL 2,392,000 315 Midway Road Multimodal/ Freight Im- provements and Florida’s Turnpike Con- nection Port St. Lucie FL 15,000,000 316 North Bay Vil- lage 79th Street Com- plete Streets Project North Bay Village FL 1,000,000 317 Port St. Lucie Boulevard South—Seg- ment 2.2 (Alcantarra Boulevard to Paar Drive) Port St. Lucie FL 5,000,000 318 PortMiami Shore Power Pilot Program Miami FL 2,000,000 319 Reconstruction of State Road 33/Interstate 4 Interchange (Exit 38) Lakeland FL 20,000,000 320 Ridge Road Ex- tension Phase 2B Unincor- porated Pasco County FL 15,000,000 321 Alleyways Drainage Im- provement Project Miami Gar- dens FL 240,000 322 Breakers Avenue Streetscape Project City of Fort Lauderdale FL 5,200,000 323 Cass Street Bridge Reha- bilitation Tampa FL 5,116,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00076 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 77 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 324 Central Florida Regional Transpor- tation Elec- tronic Contactless Payment Sys- tem Orlando FL 1,032,500 325 City of West Palm Beach Grand View Heights Street Pedestrian Safety Im- provements Phase 2 West Palm Beach FL 1,200,000 326 Corrine Drive Complete Streets Project Orlando FL 6,900,000 327 County Line Road Im- provement Project West Park FL 944,000 328 Crystal Lake Drive Project City of Deer- field Beach FL 389,088 329 E.E. Williamson Road Trail Connect Longwood FL 4,346,000 330 Econlockhatchee Trail Multimodal Corridor Im- provements Orlando FL 8,193,500 331 Flavor Pict Road from Lyons Road to Hagen Ranch Road Delray Beach FL 4,780,000 332 Gulf to Bay (SR60) Duke Energy Trail Overpass Clearwater FL 6,000,000 333 HART Bus Shel- ter Revitaliza- tion and Ex- pansion Tampa FL 6,990,100 334 Hinson Avenue Widening Project Haines City FL 1,375,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00077 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 78 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 335 International Drive and Sand Lake Road (SR 482) Pedes- trian Bridge Orlando FL 7,000,000 336 InVision Tampa Streetcar Tampa FL 7,700,000 337 Johnson Street Bridge Re- placement Project Hollywood FL 2,904,000 338 JTA’s Sustain- ability and Renewable Energy Tran- sit Facility (Project ID 425454–2) Jacksonville FL 2,315,840 339 Lake Monroe Loop Trail Sanford FL 3,313,181 340 Lowson Boule- vard from Dover Road to Federal High- way Delray Beach FL 1,106,296 341 Loxahatchee Rd. from Arthur Marshall Loxahatchee Refuge to SR– 7/US–441 City of Park- land FL 5,000,000 342 Lyons Road Pe- destrian Mo- bility Lighting and Safety Project City of Coco- nut Creek FL 2,700,000 343 Magnolia Drive Trail – Phase 1, 2, & 4 (Project ID: 4098037) Tallahassee FL 5,000,000 344 Marigold Ave from San Lorenzo Rd to Peabody Rd (4 Round- abouts) Poinciana FL 4,731,586 345 Neptune Road Widening and Improvement Project Kissimmee FL 5,000,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00078 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 79 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 346 NW 183rd to 191st Street and NW 27th to 42nd Ave- nue Road and Sidewalk Project Miami Gar- dens FL 1,200,000 347 NW 187th Street to NW 199th Street, from NW Sunshine State Park- way East to NW 12th Ave- nue Area- Road Resur- facing, Side- walks, and Drainage Im- provement Project Miami Gar- dens FL 960,000 348 NW 191st to 199th Street and NW 2nd to 7th Avenue Roadway and Sidewalk Project Miami Gar- dens FL 600,000 349 NW 199th to 202nd Street between NW 3rd and 15th Avenue-Road Resurfacing and Sidewalks Improvement Project Miami Gar- dens FL 960,000 350 NW/NE 87th Street Cor- ridor Village of El Portal FL 1,320,551 351 Opa-locka Rail- road Crossing Repair Opa-Locka FL 2,400,000 352 Orange Blossom Trail Side- walks Phase 2A Orlando FL 3,012,472 353 Palm Beach County Bus Shelter Infra- structure Palm Beach County FL 8,300,000 300,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00079 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 80 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 8,000,000 354 Palm Springs, FL, Park Con- nector Path- way System Palm Springs FL 854,550 355 Pine Hills Trail Phase 2 from Silver Star Road (SR 438) to Clarcona- Ocoee Road Orlando FL 557,000 356 President Barack Obama Park- way, Phase 2, Orlando, Flor- ida Orlando FL 8,360,000 357 Rolling Stock Hallandale Beach, Holly- wood, Dania Beach, Fort Lauderdale, Wilton Man- ors, Oakland Park, Pom- pano Beach, Deerfield Beach and Palm Beach County FL 9,000,000 5,000,000 4,000,000 358 SMART Plan Beach Express (BERT) North Capital Bus Purchase Miami FL 9,100,000 359 Solar-Powered Zero-Emission Bus and Fa- cility Charg- ing Infra- structure St. Petersburg FL 6,000,000 360 South City Transit Cap- ital Project StarMetro Modernization Tallahassee FL 2,400,000 361 Southcot Drive Sidewalk Casselberry FL 189,357 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00080 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 81 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 362 SR 50 (Colonial) from Thornton Ave to Mills Ave Orlando FL 917,933 363 SR 63 (US 27) Monroe Street from John Knox Road to Lakeshore Drive (Project ID 4450531) Tallahassee FL 2,400,000 364 SR-5/US-1/Fed- eral Hwy from Johnson St. to SR-822/ Sheridan St. Hollywood FL 1,899,308 365 SR–820/Pines Blvd from W of SW 136th Ave to E of NW 118th Ave Pembroke Pines FL 5,000,000 366 SR-A1A from Hallandale Beach Boule- vard to Dania Beach Boule- vard Drainage Improvement Project Hallandale Beach, Holly- wood, and Dania Beach FL 1,075,350 367 StarMetro Bus Replacement Tallahassee FL 1,800,000 368 SW 36th Street Complete Street Im- provements Project West Park FL 1,600,000 369 SW 52nd Avenue Complete Street Im- provements Project West Park FL 602,400 370 Treasure Island Causeway Bridge Project Treasure Is- land FL 4,480,000 371 University Bou- levard at Dean Road Intersection Improvement Orlando FL 1,000,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00081 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 82 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 372 University Drive from NW 40th St. to Sawgrass Ex- pressway City of Coral Springs FL 5,000,000 373 West Warren Av- enue Complete Street Longwood FL 400,000 374 Atlanta Beltline Atlanta GA 5,000,000 375 Big Creek Green- way Phase 2 Renovation- Replacement Cumming GA 3,000,000 376 Brennan Road Improvements Columbus GA 7,360,000 377 Buford Highway Pedestrian Improvements Doraville GA 1,373,859 378 Bus/Paratransit Vehicle Acqui- sition for Local Route 70 Snellville/ Northern Dekalb GA 6,000,000 379 Cascade Multimodal Corridor Atlanta GA 1,000,000 380 Cherokee Area Transpor- tation System Headquarters Canton GA 2,400,000 381 City of Forest Park Pedes- trian Bridge Forest Park GA 2,000,000 382 City of Sugar Hill’s High- way 20 Pedes- trian Bridge Sugar Hill GA 5,000,000 383 Clayton Justice Center Transit Hub – Phase II Jonesboro GA 4,960,000 384 Cobb Parkway at McCollum Parkway Road Realign- ment Kennesaw GA 3,500,000 385 Cumberland Core Loop Atlanta GA 1,700,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00082 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 83 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 386 East West Con- nector Cor- ridor Improve- ment, Cobb County GA Smyrna GA 4,500,000 387 Emory-CDC Intersection Project Atlanta GA 550,000 388 GDOT Project No. 0013752 Americus GA 1,216,958 389 GDOT Project No. 0015563 Cuthbert GA 2,405,280 390 GDOT Project No. 0015638 Reynolds GA 1,608,000 391 GDOT Project No. 0015651 Arabi GA 568,000 392 GDOT Project No. 0015652 Talbotton GA 984,000 393 Global Gateway Connector College Park GA 3,542,355 394 Gwinnett Place Transit Cen- ter/Mall of Georgia local bus service Gwinnett County GA 5,000,000 395 I–20 Diverging Diamond Interchange at Chapel Hill Road Douglasville GA 5,000,000 396 Lawrenceville Area Park and Ride Lot Lawrenceville GA 4,800,000 397 Macon Transit Authority Electric Tran- sit and Para- transit Vehicle Purchases Macon GA 2,600,000 398 MARTA Route 115—Cov- ington High- way Decatur GA 2,000,000 399 McDaniel Farm Park Con- nector multi- use path Gwinnett County GA 2,000,000 400 Metropolitan Parkway Arte- rial Rapid Transit (ART) Atlanta GA 3,000,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00083 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 84 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 401 New Bus Rapid Transit Serv- ice along US 78 Snellville/ Stone Moun- tain GA 5,000,000 402 North Avondale Road Com- plete Streets Project Avondale Es- tates GA 1,975,560 403 Peachtree Creek Greenway Brookhaven GA 3,382,000 404 Project DeRenne Savannah GA 20,000,000 405 Safety Improve- ments—Inter- section of N Westover Blvd at Nottingham Way Albany GA 368,791 406 South Barrett Parkway Re- liever Kennesaw GA 2,000,000 407 South Cobb Drive Cor- ridor Smyrna GA 250,000 408 SR 120 (Abbotts Bridge Road) Operational and Safety Improvements Johns Creek GA 13,800,000 409 SR234 and Westover Blvd—Add Westbound Right Turn and South- bound Left Albany GA 349,295 410 Stonecrest Tran- sit Hub Stonecrest GA 5,000,000 411 Widen and Re- align Intersec- tion of Sands Drive and Ra- dium Springs Albany GA 2,509,319 412 Windy Hill Bou- levard Smyrna GA 500,000 413 Guam Public Transit Mod- ernization— Bus Shelters Hagatna GU 20,000,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00084 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 85 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 414 Bus and Handi Van Acquisi- tion Program (Battery Elec- tric Buses; Electrification of Route 40) Honolulu HI 7,398,400 3,699,200 3,699,200 415 Hanapepe Road Resurfacing Hanapepe HI 3,680,000 416 Hawaii Rec- reational Trails Pro- gram (Hawaii Integrated Trail System) Multiple Cit- ies HI 4,000,000 417 Interstate Route H–1 Improve- ments, East- bound, Ola Lane Overpass to Vineyard Boulevard Honolulu HI 6,150,000 418 Leeward Bike- way, Phil- ippine Sea Road to Waipahu Depot Street Honolulu HI 6,150,000 419 Papalaua Street (RTS 3020, MP 0.13– MP0.17) Traf- fic Signal Up- grade at Wainee Street (Route 3015, MP 0.3– MP0.34) Maui HI 1,154,000 420 Waianuenue Av- enue Rehabili- tation Hilo HI 7,277,499 421 Waimea to Kekaha Shared Use Path Hanapepe HI 2,000,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00085 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 86 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 422 Wakea Avenue (Route 3920, MP 0.70-MP 0.71) and Ka- mehameha Av- enue (Route 3940, MP 0.91–MP0.92) Intersection Improvements Maui HI 2,186,000 423 HIRTA Regional Transit Facil- ity Waukee IA 2,321,000 424 In the City of Iowa City, on Dodge Street, from Bur- lington Street north to Gov- ernor Street. Iowa City IA 9,943,600 425 Iowa 136 bridge replacement over Elwood Creek 3.1 miles west of US 61 in Clinton Coun- ty Clinton Coun- ty IA 1,144,800 426 Marion Coun- ty—County Road G28 cor- ridor Marion Coun- ty IA 2,000,000 427 Red Rock Prarie Trail (Iowa 117 to Co Rd S27) Prairie City IA 900,000 428 Bus Replace- ments Across the District Des Moinse IA 5,000,000 429 Mills Civic Parkway Im- provements West Des Moines IA 2,000,000 430 Red Oak Bridge Replacement Red Oak IA 700,000 431 Southeast Con- nector Des Moines IA 7,000,000 432 Traffic Incident Management Center at Camp Dodge—Phase I Johnston IA 4,880,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00086 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 87 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 433 1st Street Recon- struction Ammon ID 5,375,700 434 Center Street Railroad Bridge Under- pass Pocatello ID 4,277,000 435 Fort Hall Connect- Up- grade of Ross Fork Road Fort Hall ID 3,500,000 436 I–15B (US–30) McCammon IC TO Old US–91 McCammon ID 1,716,660 437 State Street Pre- mium Cor- ridor, Part 2, Boise Area, Valley Re- gional Transit Boise and Garden City ID 2,000,000 438 Alton Avenue Reconstruction Madison IL 624,000 439 Alton Road Re- construction Phase I & II Carlinville IL 616,000 440 Brush College Road and Faries Park- way Grade Separation Decatur IL 2,000,000 441 Calhoun Street Bridge Re- placement City of Morris IL 1,200,000 442 Candy Lane Macomb IL 3,500,000 443 Centennial Park Shared Use Path Heyworth IL 963,540 444 Cloverleaf and East Madison Subdivisions Improvements Madison IL 296,000 445 Curtis Road Grade Separa- tion & Com- plete Streets Project Savoy IL 3,293,700 446 Dix Irvington Road Safety Project Centralia IL 600,000 447 Dupo Inter- change Dupo IL 1,700,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00087 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 88 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 448 Edwardsville Road Resur- facing Project Wood River IL 668,000 449 Frank Scott Parkway East Extension Shiloh IL 12,512,000 450 Hamilton Road East-West Connection Project Bloomington IL 7,000,000 3,500,000 3,500,000 451 Hilltop Road Multi-Use Trail Exten- sion Project Springfield IL 440,000 452 Lincoln Prairie Trail Bridge Replacement Project Taylorville IL 487,161 453 Madison Avenue from 23rd Street to 27th Street Resur- facing Granite City IL 759,420 454 Main Street Re- construction Project Roscoe IL 3,880,000 455 Marissa—Main St. Resur- facing Marissa IL 476,000 456 Pioneer Parkway Reconstruction Peoria IL 5,000,000 457 Prospect Road Revitalization Peoria Heights IL 6,000,000 458 Reas Bridges Re- placement Project over Lake Decatur Decatur IL 3,500,000 459 Reconstruction of Main Street from Elm Street to Madison Street Staunton IL 1,569,456 460 Resurfacing of County High- way 16 in Williamson County Williamson County IL 352,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00088 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 89 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 461 Resurfacing of Main Street, Bainbridge Trail, and Penecost Streets Marion IL 572,000 462 Riverside Boule- vard Recon- struction and Widening (Phase II and III) Loves Park and Rockford IL 14,920,000 463 Royal Lakes Road Reha- bilitation Project Royal Lakes IL 23,408 464 Spotsylvania Street Im- provements New Athens IL 452,000 465 Stanford Avenue Reconstruction from 11th Street to Fox Bridge Road Springfield IL 1,279,035 466 Structure Re- placement Over Piles Fork Creek Carbondale IL 504,000 467 US 67 Widening from Delhi Bypass Project to Crystal Lake Rd. Jerseyville IL 1,200,000 468 West Main Cross Street Im- provements from Webster Street to Shumway Street Taylorville IL 1,127,700 469 Western Road— Marshall County Henry IL 2,000,000 470 118 N Clark Pedway Ex- tension Chicago IL 2,700,000 471 143rd St Expan- sion—West Ave to SW Highway Orland Park IL 9,247,702 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00089 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 90 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 472 143rd St from IL 59 to IL 126 Plainfield IL 6,200,000 3,700,000 2,500,000 473 34th Street Road Modernization and Stormwater Management Improvements Phase I De- sign Berwyn IL 5,022,323 474 606 Extension – Ashland Ave to Elston Ave Chicago IL 1,440,000 475 75th Street from Milbrook Drive to Greene Road Naperville IL 648,560 476 80th Ave from 191st to 183rd St Lane Im- provements Tinley Park IL 1,500,000 477 9th Street Two- Way Conver- sion (Whit- man Inter- change) Rockford IL 4,050,000 478 Algonquin Road (Various Intersections) and Wilmot Road at Main Street Inter- section Im- provements Spring Grove IL 2,400,000 479 All Stations Ac- cessibility Program— Blue Line Ir- ving Park Chicago IL 4,330,000 480 Arterial Resur- facing Chicago IL 9,357,677 481 Berkeley Indus- trial Pedes- trian Con- nector Chicago IL 424,500 482 Bike Path along Quentin Road Hawthorn Woods/Lake Zurich IL 1,000,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00090 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 91 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 483 Bliss Rd/Fabyan from Fabyan to Bliss Rd Geneva IL 7,000,000 484 Butler Drive Chicago IL 4,500,000 485 Central Road: Barringon Rd to Huntington Blvd Hoffman Es- tates IL 2,000,000 486 City of Berwyn, 16th Street Rehabilitation Project Chicago IL 1,967,468 487 City of Peoria Adams/Jeffer- son 2–Way Conversion Peoria IL 5,000,000 488 Columbia Bridge Chicago IL 2,000,000 489 CTA—ASAP (Belmont Sta- tion) Chicago IL 3,370,000 490 CTA Red Line— Loyola Sta- tion Improve- ments Chicago IL 3,600,000 491 DeKalb Traffic Signal Up- grades DeKalb IL 570,000 492 Division Street Resurfacing Oak Park IL 2,000,000 493 Dundee Ave Re- construction Elgin IL 5,900,000 494 East Branch DuPage River Trail Lombard IL 1,200,000 495 East New York Street from North Farnsworth Ave to Welsh Drive Aurora IL 1,138,300 496 Fullerton Avenue between N Schmale Rd and Bloomingdale Rd Glendale Heights IL 696,500 497 Gougar Road from Laraway Road to Francis Road Joliet and New Lenox IL 2,700,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00091 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 92 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 498 Greater Down- town Master Plan Phase 4A East Moline IL 4,946,000 499 Hobson Rd 63rd St from Woodridge Dr to Janes Ave Woodridge IL 490,000 500 Homan Corridor Improvements Chicago IL 500,000 501 I–294 103rd Street Inter- change Chicago Ridge IL 5,000,000 502 I–294 Crestwood/ Robbins Inter- change Crestwood and Robbins IL 4,800,000 503 I–57 Interchange near Mile Marker 332 (Between Har- lem Avenue and Pauling Road) Unincor- porated Will County IL 4,500,000 504 IL 171 (State Street) Pedes- trian Safety Improvements Lockport IL 1,400,000 505 IL 38/Roosevelt Road at Naperville Road Wheaton IL 4,800,000 506 IL 50 from S of Brookmont Blvd to N of US 45/52 & Indiana Ave to Fair St in Kankakee Kankakee IL 5,000,000 507 IL–21 Mil- waukee Ave Improvements (Glenview) Glenview IL 2,000,000 508 IL–62 Algonquin Rd at New Wilke Rd Intersection Improvements Rolling Mead- ows IL 226,935 509 Jackson Blvd Resurfacing (Desplaines to Harlem Ave) Chicago IL 800,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00092 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 93 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 510 Kedzie and Lake improvements Chicago IL 500,000 511 Lake Cook Road (IL–53 to Raupp Blvd) Mount Pros- pect and Desplains IL 3,000,000 512 Lombard Rd Re- surfacing and Improvements Addison IL 900,000 513 Madison Street Resurfacing Bellwood IL 1,107,200 514 Main Street Re- construction from Randall Road to Van Nortwick Ave- nue Batavia IL 600,000 515 McConnell Road Intersection and Roadway Improvements Freeport IL 2,528,200 516 Metra Zero Emission Ve- hicle Pilot Chicago Re- gion IL 12,000,000 1,000,000 5,000,000 6,000,000 517 Midway Bus Terminal Electrification Concept De- sign Chicago IL 550,000 518 N Lake Shore Drive Im- provements Chicago IL 2,000,000 519 North Chicago Pace Route Access North Chicago IL 508,080 520 Oak Park Ave- nue—111th St to 107th St Worth IL 520,000 521 Pace Cermak Road Transit Signal Pri- ority Westchester, Oak Brook and Oakbrook Terrace IL 390,000 522 Pace Pulse Line—Harlem Avenue Traffic Signal Im- provements Morton Grove IL 400,000 523 Pace Pulse South Halsted Line Chicago, Riv- erdale, and Harvey IL 900,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00093 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 94 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 524 PACE Transit Signal Pri- ority Chicago IL 900,000 525 Park Blvd Re- surfacing Streamwood IL 220,783 526 Patriot Path Lake County IL 9,794,640 527 Proposed Mid- west Medical Center En- trance and Highway Im- provements Galena IL 2,000,000 528 Pulaski Corridor Improvements Chicago IL 500,000 529 Pulaski Road: 127th St to 159th St Alsip, Crest- wood, Midlothian, Markham, and Robbins IL 2,500,000 530 Rand US–12 / Kensington / IL–83 Inter- section Im- provements Mount Pros- pect IL 4,500,000 531 Rand/Central/Mt Prospect Road Intersection Improvements Mount Pros- pect and Desplains IL 371,000 532 Randall and Hopps Road Intersection Elgin IL 5,000,000 533 Randall Road from Alex- andra Blvd to Polaris Dr/ Acorn Ln Lake in the Hills IL 2,000,000 534 Rehabilitative Resurfacing of Belmont Ave- nue—25th Ave to W of Elm St, Fran Franklin Park IL 588,000 535 Rehabilitative Resurfacing of Ill 64 North Ave—I–294 to Harlem Ave & N Frontage Rd - 7th Ave to 5th Ave Elmwood Park, Melrose Park, Northlake, River Forest, River Grove IL 7,920,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00094 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 95 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 536 Rodenburg Road Corridor Im- provement Project Roselle IL 928,000 537 Schick Road Re- surfacing Hanover Park IL 257,045 538 Skokie Valley Trail Path Improvements Skokie IL 3,526,800 539 Spring Street Resurfacing South Elgin IL 171,264 540 Study of S. Chi- cago/79th St/ Stony Island Intersection Chicago IL 800,000 541 Tonne Road Re- construction— Northern Sec- tion Elk Grove Village IL 4,300,000 542 Traffic Signal Moderniza- tion—City of Chicago Chicago IL 1,350,000 543 US Route 20 and Reinking Road Round- about Elgin IL 1,200,000 544 US Route 30 at Illinois Route 50 Matteson IL 4,000,000 545 Washington Bou- levard Im- provements – 21st Avenue to 9th Avenue Maywood IL 1,424,000 546 Weber Road from 135th Street to Air- port Road Romeoville IL 2,100,000 1,000,000 1,100,000 547 West Branch DuPage River Trail Connec- tion from West DuPage Woods Forest Preserve to Blackwell For- est Preserve West Chicago IL 500,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00095 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 96 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 548 Western Avenue Grade Separa- tions Blue Island, Posen, and Dixmoor IL 4,500,000 549 Wolfs Crossing Road from US 34 Chicago Road to Eola Road – Doug- las Road Intersection Oswego IL 4,822,000 3,616,500 1,205,500 550 Woodstock Railyard Re- location & Ex- pansion Woodstock IL 4,000,000 551 Zero Emission Locomotive Commuter Rail Pilot Blue Island, Chicago, Jo- liet, Midlothian, Mokena, New Lenox, Oak Forest, Rob- bins, Tinley Park IL 7,000,000 2,000,000 5,000,000 552 Zion 27th Street Resurfacing Zion IL 920,320 553 Added Travel Lanes at 45th Avenue Unincor- porated Lake County IN 1,500,000 554 Central Avenue Road Recon- struction Portage IN 2,000,000 555 IndyGo EV Charging Sta- tions Indianapolis IN 774,000 556 Kennedy Avenue Bridge Re- placement Highland and Hammond IN 8,100,000 557 Monument Cir- cle/Market Street Recon- struction Indianapolis IN 12,864,000 558 Willowcreek Road Exten- sion Unincor- porated Por- ter County IN 7,411,200 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00096 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 97 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 559 Bridge Replace- ment on 151st Street West over the Ninnescah River (B485) Sedgwick County KS 3,600,000 560 Centennial Bridge Re- placement Leavenworth KS 1,000,000 561 K–7 Bourbon County Fort Scott KS 2,000,000 562 K–7 Crawford County Girard KS 2,000,000 563 Reconstruction of 151st St West between 53rd St North and Highway K– 96 (R356) Sedgwick County KS 3,200,000 564 Reconstruction of the South Half Mile of 135th Street West be- tween 53rd and 61st Streets North (R348) Sedgwick County KS 880,000 565 Route 458 Im- provements Lawrence KS 750,000 566 SW Topeka Bou- levard (21st to 29th) Street Resurfacing Topeka KS 1,480,000 567 Topeka Metro- politan Bus Replacement Topeka KS 3,000,000 568 US–169 Neosho County Thayer KS 3,000,000 569 US–400 Cher- okee County Cherokee KS 2,000,000 570 US–400 Green- wood County (KDOT Project Num- ber 400-037 KA–5790-01) Greenwood County KS 5,000,000 571 US–56 Douglas County Baldwin City KS 3,000,000 572 Wakarusa Drive Reconstruction Lawrence KS 1,000,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00097 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 98 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 573 Washington Creek Bridge Replacement Lawrence KS 400,000 574 West Kellogg/ US–54/400 Expansion Wichita KS 1,800,000 575 U.S. 69/167th St. Inter- change Im- provement Project Overland Park KS 15,000,000 576 Congestion re- duction and traffic im- provement project on KY–17/Scott Boulevard/ Greenup Street Covington KY 2,000,000 577 Extend KY 3155 from the southern Intersection at KY 259 west- erly to KY 54 Leitchfield, Grayson County KY 3,200,000 578 I–65 SB Ramp to Brook St Louisville KY 9,600,000 579 Improve KY 54 from west of the US 60 By- pass to CR 1021 Owensboro, Daviess Coun- ty KY 4,600,000 580 Improve KY 461 from US 150 to US 25 Mount Vernon, Rockcastle County KY 18,200,000 581 Improve US 421 near the Vir- ginia State Line Cranks, Har- lan County KY 960,000 582 Improve west- bound lanes of US 60 from KY 1957 to KY 6106 Lewisport, Hancock County KY 3,200,000 583 KY 335 improve- ments from US 31W south of KY 218 to I–65 Horse Cave, Hart County KY 3,200,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00098 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 99 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 584 KYCT project 6– 80101, KY –18 / Super- street con- struction Boone County KY 5,200,000 585 KYTC Project 6– 162.40, KY– 536 from Williamswood Rd. to Calvery Dr. to KY–17 Kenton Coun- ty KY 12,064,000 586 Newtown Pike Extension Project— Phase III Scott Street Connector Lexington KY 20,000,000 587 Reconstruction of KY 44 from US 31E to KY 1319 Mount Wash- ington, Bullit County KY 4,800,000 588 Reimagine 9th Street Louisvile KY 5,000,000 589 Smart Signal Network Louisville KY 2,900,000 590 Traffic Calming Measures for Shelby Park and Smoketown Neighborhoods Louisville KY 2,400,000 591 Audubon Ave OVLY:LA 1 to Terrebonne P/ L Thibodaux LA 468,510 592 I–10 (Calcasieu River Bridge / Approach) Lake Charles LA 10,000,000 593 I–49 Lafayette Connector Lafayette LA 10,000,000 594 LA 3127 St. James Parish LA 10,000,000 595 LA 428, General Meyer Blvd New Orleans LA 8,560,000 596 MRB South GBR: LA 1 to LA 30 Connector- Environ- mental Eval- uation Baton Rouge LA 1,600,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00099 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 100 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 597 MRB South GBR: LA 1 to LA 30 Con- nector (Pre- Engineering Design) Baton Rouge LA 8,000,000 598 Amherst Town Common Transpor- tation and Mobility Im- provements Amherst MA 1,344,000 599 Barker Road Bridge Project Pittsfield MA 1,000,000 600 Beacon Street Bridle Path Brookline MA 2,000,000 601 Belmont Com- munity Path Belmont MA 3,500,000 602 Blackstone Val- ley Multi-Use Path Phase 1, Segment – 2 Blackstone MA 8,130,842 603 Blue Line Signal Program Revere, Bos- ton MA 6,000,000 604 Bourne Rail Trail Bourne MA 14,728,680 605 Brockton Area Transit—Buy Replacement 35’ Bus (6) Brockton MA 2,920,000 606 Brockton Area Transit—Buy Replacement 35’ Electric Bus (5) Brockton MA 3,160,000 607 Brockton Area Transit—Pur- chase Misc. Electric Power Equipment Brockton MA 480,000 608 Christina Street Rail Bridge Newton MA 1,600,000 609 Columbian Square Inter- section Im- provements Weymouth MA 3,000,000 610 Court and Cher- ry Street Intersection Improvement Plymouth MA 2,000,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00100 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 101 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 611 Davis Square Transit Sig- nal Priority Project Somerville MA 100,000 612 Division Street Bridge Project Great Bar- rington MA 2,000,000 613 Double-Tracking on Haverhill Line in Mas- sachusetts Andover and Wilmington MA 5,800,000 2,900,000 2,900,000 614 Drift Road at Kirby Brooke Replacement Project Westport MA 600,000 615 Fiske Street and Andover Street Sidewalk and Street Im- provements Tewksbury MA 456,000 616 Glendale Street Bridge Project Easthampton MA 1,000,000 617 Intersection Im- provements at Central Street, Foster St, Hook St, Hamilton St Southbridge MA 1,000,000 618 Intersection im- provements at Greenville Road (Rte 31) and Turnpike Road Ashby MA 1,000,000 619 Intersection Im- provements at Massachusetts Avenue (Route 111) and Main Street (Route 27) (Kelley’s Cor- ner) Acton MA 1,100,000 620 Intersection im- provements at Riverside Drive and Burnham Road Methuen MA 1,000,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00101 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 102 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 621 Intersection Im- provements at Route 140/ Route 62 Sterling MA 320,000 622 Intersection Im- provements on Route 2A at Willow Road and Bruce Street Ayer and Littleton MA 1,000,000 623 Intersection re- construction on Rte 108 (Newton Road) at Rte 110 (Kenoza Ave. and Amesbury Road) Haverhill MA 1,000,000 624 James Street Project Chicopee MA 2,000,000 625 Lake Cochituate Path Natick MA 3,078,722 626 Leyden Road Sidewalk Con- struction Greenfield MA 1,840,000 627 Lynn Commuter Rail Station Rehabilitation Lynn MA 10,000,000 628 McGrath High- way Road Diet / Pro- tected Bike Lane Project Somerville MA 500,000 629 Merrymount Bridge Recon- struction Project Quincy MA 6,000,000 630 MetroWest Re- gional Transit Authority Blandin Back Entrance (MWRTA BEB Project) Framingham MA 1,600,000 631 New vans for el- derly and those with dis- abilities Haverhill MA 375,000 632 North Adams Adventure Trail North Adams MA 2,000,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00102 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 103 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 633 Peabody Canal Riverwalk Construction Peabody MA 6,642,980 634 Planning and Design for protecting critical trans- portation in- frastructure and improv- ing pedestrian access to the Northern Ave- nue Bridge and along the Fort Point Channel Boston MA 2,500,000 635 Reconstruction and Related Work Along Revere Street Corridor Winthrop MA 5,058,493 636 Reconstruction and related work on VFW Highway Lowell MA 3,000,000 637 Reconstruction of Foster Street Littleton MA 2,000,000 638 Regional Bike and Walking Trail (North Attleborough Branch) North Attleborough MA 1,500,000 639 Rehab Fitchburg Intermodal Center Fitchburg MA 400,000 640 Rehabilitation & Box Widening on Route 20, from Route 9 to South Street Shrewsbury MA 8,000,000 641 Rehabilitation of Boston Road Westford MA 2,000,000 642 Replace diesel bus with hy- brid bus Lowell MA 624,800 643 Replace fueling station at 100 Hale Street Lowell MA 775,200 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00103 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 104 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 644 Riverbank sta- bilization con- struction at MVRTA bus garage and administra- tion building Haverhill MA 725,000 645 Roadway reha- bilitation on route 101 south (Ashburnham) Ashburnham MA 1,000,000 646 Route 131 Bridge Project Dudley MA 1,000,000 647 Route 28 / Route 38 Intersec- tion Safety Improvements Project Somerville MA 3,000,000 648 Ruggles Station State of Good Repair Im- provements Roxbury MA 3,000,000 649 Stoughton Inter- section Im- provements at Canton St. (Route 27), School St., and Summer St. Stoughton MA 1,840,000 650 Sturbridge Roundabout Construction Sturbridge MA 1,000,000 651 Sudbury-Con- cord Bike Path Con- struction (Bruce Free- man Trail) Concord MA 1,000,000 652 Taunton River Trail Taunton MA 4,800,000 653 Union Station Regreening & Lighting Project Springfield MA 6,000,000 654 Walnut Street Signalization Project Foxborough MA 2,000,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00104 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 105 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 655 Warren Street / Blue Hill Ave- nue Multi- modal Cor- ridor Phase I Boston MA 12,000,000 656 West Rodney French Im- provement Project New Bedford MA 2,373,680 657 West Street/ Route 27 Intersection Reconstruction Medfield MA 1,440,000 658 Baltimore Greenway Trails Net- work: Critical Corridor Ad- vancements Baltimore City MD 13,200,000 4,400,000 4,400,000 4,400,000 659 Bicycle-Pedes- trian Priority Area Improve- ments—Pur- ple Line (TIP 3642 Pedes- trian Safety Program) Montgomery County MD 6,500,000 660 Dobbin Road Pathway Columbia MD 3,200,000 661 Dual Loco- motives for Commuter Rail Service in the Future B&P Tunnel Baltimore City MD 2,000,000 1,000,000 1,000,000 662 East-West Pri- ority Corridor Baltimore MD 15,000,000 5,000,000 5,000,000 5,000,000 663 Electric Bus Grants Rockville, Sil- ver Spring MD 4,992,000 1,937,000 1,780,000 1,275,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00105 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 106 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 664 Fayette Street Bridge Re- placement Cumberland MD 4,800,000 665 Frederick and Pennsylvania Railroad Trail City of Fred- erick and Walkersville MD 2,560,000 666 Howard County Flash Exten- sion Columbia MD 3,200,000 667 I–81 Phase 2 Re- construction Hagerstown MD 4,620,000 668 Interstate 95/ Greenbelt METRO/ MARC Sta- tion Access and Redevel- opment Project Greenbelt MD 20,000,000 669 MicroTransit & Demand Re- sponse Electric Transit Vehi- cles and Infra- structure Owings Mills MD 2,019,012 670 New Carrollton Metro/MARC/ Amtrak/Pur- ple Line Multimodal Transit Dis- trict Right-of- Way Improve- ments Landover MD 18,480,000 671 Northwest Ex- pressway (I– 795) at Dolfield Bou- levard Inter- change Rede- sign Owings Mills MD 800,000 672 Parole Transpor- tation Center Annapolis MD 2,000,000 673 US 1 Safety Projects North Laurel, Savage, Jessup, Elkridge MD 3,200,000 674 US 15 Frederick Freeway Re- construction Frederick MD 8,800,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00106 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 107 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 675 US 29 Rapid Transit Im- provements— Phase 2 De- sign Silver Spring MD 4,000,000 676 Veirs Mill /Ran- dolph Bicycle & Pedestrian Priority Im- provements Rockville MD 6,000,000 677 Woodley Road Extension to MD 715 Aberdeen MD 5,000,000 678 Berwick Route 9—Intersec- tion Improve- ments Berwick ME 800,000 679 Casco Bay Lines Replacement Ferry Portland ME 7,500,000 680 Maine State Ferry Vessel Replacement Rockland ME 7,500,000 681 Milo, Sebec River Bridge Replacements and Village Improvements Milo ME 8,000,000 682 New Transit Hub Bangor ME 327,600 683 Sanford SRTS Multi-Use Trail Sanford ME 400,000 684 Sanford US Route 202/ State Route 4A Sanford ME 3,600,000 685 U.S. Route 1 Improvements Van Buren ME 10,700,000 686 10 Mile Signal Modernization Center Line MI 550,068 687 14 Mile Rd Re- habilitation, Lahser to Ev- ergreen Beverly Hills MI 1,208,080 688 14 Mile Road Roseville MI 3,100,000 689 21 Mile Road Bridge Re- placement over the Gloede Drain Macomb Township MI 1,616,800 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00107 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 108 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 690 Airport Road Rehabilitation Project Blackman Township, Jackson County MI 4,930,000 691 Beck Road Busi- ness Corridor Railroad Grade Cross- ing Safety Project Wixom MI 18,612,000 692 Bridge and Pe- destrian Fa- cility Up- grades on the Detroit Riverwalk Detroit MI 1,838,812 693 Bristol Road and Van Slyke Road Concrete Pavement Re- construction Project Flint Town- ship MI 700,000 694 Bristol Road: Mill and Re- surface Burton MI 1,248,000 695 Burcham Dr. East Lansing MI 1,017,838 696 Center Road Re- construction Project Genesee Township MI 600,000 697 Coolidge Rd (Road Reha- bilitation and Bike Lanes) East Lansing MI 883,359 698 Division Avenue Project Grand Rapids MI 4,200,000 699 E Michigan Ave- nue Lansing MI 2,589,121 700 Feher Drive Re- construction & Pedestrian Improvement Project Montrose MI 680,000 701 Fenton Road Bridge over the Thread Creek Flint MI 400,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00108 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 109 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 702 Flint Mass Transpor- tation Author- ity (MTA) Rides to Wellness Fa- cility Expan- sion/Renova- tion Flint MI 1,062,387 703 Genesee Street Bridge over Farmers Creek Lapeer MI 1,896,750 704 Grandville Ave- nue Project Grand Rapids MI 4,000,000 705 Haist Road over Pigeon River Preventive Maintenance Winsor Town- ship MI 194,000 706 Hubbard Street Rehabilitation Mount Clemens MI 942,400 707 Inkster Road Bridge Over the Lower Rouge River— Capital Pre- ventative Maintenance Inkster MI 329,600 708 Intelligent Transpor- tation Systems Capital In- vestments in Traffic Sig- nals on M–59 Pontiac MI 2,240,000 709 Iron Belle Trail Burton MI 1,200,000 710 Joe Louis Green- way Ham- tramck Drive Shared Use Path City of Ham- tramck MI 3,920,000 711 Kalamazoo US– 131/US– 131BR Kalamazoo MI 14,745,600 712 Kelly Road Fraser MI 3,500,000 713 King Road Bridge Re- placement over the Belle River China Town- ship MI 2,299,800 714 Kuhl Road over Shebeon Drain Bridge Re- placement Fairhaven Township MI 1,282,400 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00109 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 110 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 715 Lake Shore Drive, Hough- ton County, Michigan Calumet and Hancock Township MI 1,040,000 716 M–143W Lansing MI 597,767 717 M–46 and M–19 Reconstruction Elmer Town- ship MI 10,073,042 718 Marlette Road Bridge over South Branch of the Cass River Marlette MI 1,406,000 719 Miller Road and Rotunda Drive Bridges Dearborn MI 20,000,000 720 Mound Road In- dustrial Cor- ridor Tech- nology and Innovation Project Macomb County, War- ren MI 11,000,000 1,000,000 10,000,000 721 Mt. Vernon Street Recon- struction Southfield MI 4,400,000 722 N Cedar St Mason MI 2,543,083 723 N Putnam St Williamston MI 375,000 724 N. Leroy Streetscape and Resur- facing Project Fenton MI 1,600,000 725 North Beech Daily Road Rehabilitation Project Dearborn Heights MI 1,417,226 726 Oakland Avenue Road Reha- bilitation Project Highland Park MI 1,212,169 727 Oakville Waltz Road London Township MI 3,728,000 728 Orchard Lake Road from 13 Mile to 14 Mile Farmington Hills MI 1,076,085 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00110 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 111 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 729 Orchard Lake Road from Middlebelt to Pontiac City Limits City of Syl- van Lake, West Bloom- field and Bloomfield Township in Oakland County MI 2,000,000 730 Ottawa Avenue Project Grand Rapids MI 845,000 731 Pedestrian Im- provements on US–12 Wayne MI 828,000 732 Pennsylvania Road Grade Separation On border of City of Rom- ulus and Huron Town- ship MI 15,000,000 733 Pierson Road Reconstruction Project Mt. Morris Township MI 2,400,000 734 Plank Road over US–23 Milan MI 4,335,618 735 Reid Road Downtown Streetscape and Rehabili- tation Spur Community Project Grand Blanc MI 700,000 736 Resurfacing of 12 Mile Road in Southfield from North- wester Hwy to Telegraph Road Southfield MI 750,000 737 S Pennsylvania Ave Lansing MI 1,472,000 738 Saginaw Street Road Recon- struction Project Flint MI 1,600,000 739 Saginaw Transit Authority Re- gional Serv- ices (STARS) Bus Replace- ment Saginaw MI 2,388,456 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00111 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 112 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 740 Saginaw Transit Authority Re- gional Serv- ices (STARS) Potter Street Station Study Saginaw MI 200,000 741 Silver Lake Road Con- nector Trail Fenton and Linden MI 868,682 742 Skanee Road Improvements (from Jentoft Road to Town Road) L’Anse and Arvon Town- ships MI 7,530,000 743 Skanee Road Improvements (from Town Road to Portice Road) Arvon Town- ship MI 4,000,000 744 Snyder Rd. East Lansing MI 263,500 745 St. Ignace Road Reconstruction Marquette Township MI 800,000 746 State Park Drive Reconstruction Charter Township of Bangor and Bay City MI 2,000,000 747 US–12 over the Coldwater River Recon- struction Coldwater MI 645,360 748 US–127 and US–223 Re- surfacing Addison MI 4,800,000 749 W Grand River Rd Howell MI 296,826 750 W Silver Bell Rd Auburn Hills and Orion Township MI 4,200,000 751 Waverly Rd Lansing MI 744,762 752 Wealthy Street- Fuller Ave to East City Limits Grand Rapids MI 7,250,000 753 Wenona Avenue Reconstruction Bay City MI 2,325,000 754 Apple Valley Transit Sta- tion Mod- ernization Apple Valley MN 800,000 755 Bottineau LRT Project Minneapolis to Brooklyn Park MN 20,000,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00112 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 113 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 10,000,000 10,000,000 756 Burnsville Bus Garage Mod- ernization Burnsville MN 2,400,000 757 City of Wabasha Highway 60 Realignment Wabasha MN 3,975,000 758 E-Line Bus Rapid Transit (BRT) Minneapolis to Edina MN 5,000,000 2,500,000 2,500,000 759 F-Line Bus Rapid Transit (BRT) Columbia Heights MN 4,500,000 760 Goodhue County CSAH 2 Bridge Re- placement Red Wing MN 640,000 761 I–35/CSAH 50 Interchange Preliminary Engineering Lakeville MN 700,000 762 I–94 Expansion St. Paul MN 20,000,000 763 Kellogg-Third Street Bridge St. Paul MN 7,500,000 764 Pedestrian Bridge Over I–94 Minneapolis MN 3,000,000 765 Reconnect Rondo Land Bridge Saint Paul MN 5,200,000 766 Rice Street Revi- talization Project Saint Paul MN 6,864,000 767 University of Minnesota Ar- boretum Ac- cess and Egress Im- provements Chaska MN 5,840,000 768 US 169/TH 282/ CH 9 Inter- change Project Jordan MN 2,300,000 769 US Highway 8 Reconstruction Chisago City, Wyoming, Forest Lake MN 20,000,000 770 Veterans Memo- rial Greenway Eagan MN 5,000,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00113 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 114 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 771 Adding signing and striping for wrong way counter-meas- ures at var- ious ramp lo- cations throughout the St. Louis Dis- trict St. Louis MO 708,800 772 Bridge improve- ment and wid- ening over Elkhorn Creek 1.6 miles south of Rte. CC near Buell Montgomery County MO 720,000 773 Bridge Rehab at Pitman Ave, I–70, and I– 64 in Wentzville Wentzville MO 3,088,000 774 Bridge Rehabili- tation and Pavement Re- pairs St. Louis MO 2,576,000 775 Chadwick Flyer Central Green- way Trail Springfield MO 4,000,000 776 Cliffs Drive State Scenic Byway Im- provements Kansas City MO 2,160,000 777 Downtown Odes- sa Infrastruc- ture Improve- ments Odessa MO 900,000 778 Expand I–44 to 6 lanes in the Springfield area Springfield MO 1,800,000 779 Grand Street Pe- destrian Un- derpass and Streetscape Improvements Springfield MO 3,000,000 780 Hydraulic Study for causeway north of Wash- ington Washington MO 240,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00114 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 115 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 781 I–44: Bridge re- habilitation over Gas- conade over- flow. Project involves bridge L0753 Laclede Coun- ty MO 331,200 782 I–70: Bridge im- provements over Chouteau Creek. Project involves bridge A5118 and A5119 Cooper Coun- ty MO 246,400 783 Improve bridge conditions at Rt. C in Audrain County Audrain County MO 548,800 784 Improve pave- ment condi- tion Rt. BB Randolph County Randolph County MO 600,800 785 Improve pave- ment condi- tion Rt. K Randolph County Randolph County MO 763,200 786 Interstate 35 and 19th Street Inter- change Kearney MO 5,500,000 787 Jazz District Pe- destrian Plaza at 18th & Vine Kansas City MO 6,000,000 788 Kansas City Re- gional Zero Emission Electric Bus Program Kansas City MO 10,500,000 6,000,000 4,500,000 789 Little Blue Trace—Rock Island Trail Connector Kansas City MO 500,000 790 MM Highway Expansion from I–44 to US 60 Republic MO 3,200,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00115 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 116 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 791 MO 100: Bridge improvements over Cedar Creek Project involves A1848 Osage County MO 917,600 792 MO 100: Up- grade pedes- trian facilities to comply with ADA Transition Plan and pavement re- surfacing from Rte. 61 to Big Bend Blvd, bridge replace- ment over Black Creek, signal replace- ment St. Louis MO 2,500,000 793 MO 127: Bridge rehabilitation over Basin Fork Creek 0.6 mile south of Dove Road and 0.7 mile north of Chaney Road. Project in- volves bridge X0439 Pettis County MO 786,400 794 MO 13: Add turn lanes at the intersec- tion of Rte. E Johnson County MO 425,600 795 MO 13: Pave- ment improve- ments on the southbound lanes from SE 1100 Road to NE 201 Road St. Clair County MO 748,800 796 MO 19: I–70 to Hermann add shoulders Montgomery County MO 880,000 797 MO 23: Add turn lanes at the intersec- tion of Rte. D Johnson County MO 395,200 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00116 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 117 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 798 MO 254: Pave- ment improve- ments from Route 64 to Route 54 in Hermitage. Hermitage MO 440,000 799 MO 38: Pave- ment resur- facing from Rte. J to west of Rte. CC. Webster Coun- ty MO 676,800 800 MO 47: Engi- neering for pavement im- provements from H to A. Troy and Hawk Point MO 925,600 801 MO 7: Bridge Rehabilitation over Truman Lake. Project involves bridge A3465 Benton Coun- ty MO 96,000 802 MO 89: Pave- ment improve- ments from Rte. 50 to Rte. E Rte. 50 to Rte. E in Osage County MO 2,833,600 803 MO94 Bridge over Treloar Creek Bridge Warren Coun- ty MO 640,800 804 North Baltimore (Business 63) Improvements Kirksville MO 955,294 805 OR 70: Bridge replacement over Little Cedar Creek. Project in- volves bridge N0974 Boone County MO 852,800 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00117 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 118 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 806 Pavement im- provements and add rumblestripes from I–44 outer road to end of state maintenance, Rte. W from Rte. 7 to end of state main- tenance, and Rte. O from Rte. 28 to end of state main- tenance. Pulaski Coun- ty MO 2,656,000 807 Payment to St. Robert to add sidewalks and upgrade sig- nalized inter- section at St. Robert Boule- vard in St. Robert St. Robert MO 547,200 808 Raum Road Bridge Re- placement Lawson MO 3,128,000 809 Riverway Boule- vard Recon- struction Riverside MO 3,200,000 810 RT 18: Pave- ment improve- ments from Rte. Y to I–49 in Adrian and on Loop 49 from Passaic to Rte. 52 in Butler. Adrian MO 1,586,400 811 RT A: Bridge re- placement over Enon Creek. Project in- volves bridge K0851 Moniteau County MO 1,091,200 812 RT A: Bridge re- placement over Moreau Creek. Project in- volves R0235 Cole County MO 545,600 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00118 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 119 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 813 RT J: Bridge re- habilitation over Young Branch, 0.1 mile south of 217th Street and 0.4 mile northeast of Branic Drive in Peculiar. Project in- volves bridge A2331 Peculiar MO 555,200 814 RT J: Bridge re- moval over the Niangua River. Project involves bridge S0391 Camden County MO 204,800 815 RT K: Pavement improvements from I–49 to County Road 1800 near Ne- vada. Nevada MO 448,000 816 RT PP: Pave- ment improve- ments from Route C in Roseland to Route 7 in Tightwad Roseland MO 453,600 817 RT T: Pavement improvements and add rumblestripes from Rte. 52 to Rte. 135 and from Rte. 135 to the end of state main- tenance Morgan Coun- ty MO 3,020,000 818 RT. K bridge re- placement over Dry Fork Creek Bridge Montgomery County MO 965,600 819 Study to deter- mine base sta- bility and flood resil- iency near McKitrick McKittrick MO 80,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00119 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 120 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 820 Updated study for RR over- pass near High Hill High Hill MO 1,600,000 821 Upgrade pedes- trian facilities to comply with the ADA Transition Plan on Rte. 2 from Chisman Street to Rte. 52 in Windsor and on Rte. Y from Rte. 52 to Wall Street in Windsor Windsor MO 140,800 822 US 160: Pave- ment improve- ments from I– 49 in Lamar Heights to County Road 30th Lane east of Lamar. Lamar MO 609,600 823 US 50: Recon- struct concrete pavement from Rte. EE to Independ- ence Rd. Rte. EE to Independence Road in Franklin County MO 2,800,000 824 US 50: Recon- struct pave- ment from Rte. Y to Rte. C Rte. Y to Rte. C in Franklin County MO 2,640,000 825 US 54: Study for updated scope & esti- mate for shared 4–lane from Mexico to Louisiana Louisiana MO 800,000 400,000 400,000 826 US60 and Route 125 Inter- change Rogersville MO 5,250,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00120 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 121 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 827 US65: Pavement improvements from the Osage River in Warsaw to 0.4 mile south of Rte. MM. Warsaw MO 1,049,600 828 West Florissant Avenue Great Streets Ferguson, Dellwood, and Jennings MO 10,000,000 829 A/E Design for the Fixed Route Bus Stops Saipan MP 300,000 830 Construction of Bus Transfer Stations at the Northern Mar- ianas College, Paseo De Mar- ianas and Kagman Saipan MP 900,000 831 Construction of the Common- wealth Office of Transit Au- thority Cov- ered Bus Parking Facil- ity Saipan MP 3,000,000 832 Design and Con- struction of the Rota Transit Main- tenance Facil- ity Rota MP 520,000 833 Design and Con- struction of Tinian Tran- sit Mainte- nance Facility Tinian MP 520,000 834 Procurement of Four (4) Roll- ing Stocks for Rota and Tinian De- mand Respon- sive Services Rota and Tinian MP 480,000 835 Route 10 Drain- age Improve- ments and Road Overlay Rota MP 2,000,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00121 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 122 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 836 Route 205 Road and Drainage Improvements Tinian MP 2,000,000 837 Route 30 (Chalan Pale Arnold) Safety Improvements Saipan MP 2,000,000 838 Route 302 (Naftan Road) Improvements Saipan MP 2,000,000 839 Supply and In- stallation of 187 Bus Stop Shelters Saipan MP 4,500,000 840 Supply of Main- tenance Equipment & Tools for the COTA Mainte- nance Facility Saipan MP 400,000 841 Bulldog Way Extended Im- provements Starkville MS 3,360,000 842 Jackson Point Road Bridge Wilkinson County MS 4,000,000 843 Mississippi Band of Choc- taw Indians Multi-Road Overlay Project Choctaw MS 2,653,195 844 Morgantown Road Safety Improvements Natchez MS 2,400,000 845 Bozeman Seg- ment One— Reunion Ac- cess Network Madison MS 4,000,000 846 Airport Boule- vard Sidewalk Morrisville NC 208,000 847 Atlantic & Yadkin Green- way, Phase 2 Greensboro NC 6,400,000 848 Avent Ferry Road Realign- ment Holly Springs NC 1,000,000 849 B–5871 Replace Bridge no. 628 Over Lake Lure 5250. Dam and Broad River Lake Lure NC 8,000,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00122 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 123 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 850 Black Creek Greenway Cary NC 4,984,800 851 Bryant Bridge North/Goose Creek West Trail Durham NC 2,320,000 852 Bus Replacement Funding for Triangle Transit Sys- tems Chapel Hill NC 8,000,000 853 CATS Battery Electric Bus Fleet Transi- tion Charlotte NC 8,000,000 854 Downtown Pe- destrian Bridge Rocky Mount NC 4,000,000 855 Duke Beltline Trail Durham NC 7,726,000 856 EB–5753 Bald- win Avenue Sidewalk Project Marion NC 349,600 857 Electric buses and charging infrastructure, City of Greensboro Greensboro NC 2,759,000 858 Festival Street Cornelius NC 2,200,000 859 Fuquay-Varina Townwide ITS/Signal System Fuquay- Varina NC 2,560,000 860 GoRaleigh/ GoWake Co- ordinated ADA Para- transit Facil- ity Raleigh NC 9,000,000 861 Greenville Bridge Repair and Replace- ment Greenville NC 2,851,200 862 Hanging Dog Bridge Murphy NC 1,676,000 863 High Point Her- itage Green- way—Phase 1 High Point NC 4,000,000 864 Jonathan Creek Safety Project Maggie Valley NC 160,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00123 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 124 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 865 Military Cutoff Road (US 17)/ Eastwood Road (US 74) Interchange (Drysdale Drive Exten- sion) Wilmington NC 3,840,000 866 N. Fork Coweeta Creek Bridge Replacement Otta NC 452,000 867 Pender Street Pedestrian Improvement, Infrastructure Repair, and Resurfacing Wilson NC 8,400,000 868 RIDE- Rural Microtransit Wilson NC 2,000,000 869 Silas Creek Parkway Sidewalk Winston- Salem NC 4,533,600 870 South Tar River Greenway Greenville NC 1,775,000 871 Streetlighting on High Injury Network Charlotte NC 8,000,000 872 Transit Bus Stop Improve- ments Chapel Hill NC 900,000 873 US 19/129 Road Improvements Murphy NC 3,851,000 874 US 74/NC 108 Interchange Columbus NC 1,000,000 875 Heartland Ex- pressway Phase III Minatare NE 10,000,000 876 Signal System Master Plan Accelerated Implementa- tion Omaha NE 20,000,000 877 US–275 Norfolk to Wisner Norfolk to Wisner NE 20,000,000 878 Ashuelot-Trail Cheshire Trail (42511) Swanzey NH 1,200,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00124 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 125 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 879 Bedford 40664— U.S. 3 Wid- ening from Hawthorne Drive North to Manchester Airport Access Road Bedford NH 4,980,000 880 Claremont Inter- section Im- provements (13428) Claremont NH 1,000,000 881 Conway Phase II Pathway Conway NH 1,656,000 882 Derry Rail Trail (Folsom Rd to Londonderry town line) Derry NH 792,000 883 George Street Bridge (40653) Keene NH 729,191 884 Gorham Side- walk (Route 2 (Lancaster Rd)) Gorham NH 898,196 885 Heritage Rail Trail East Nashua NH 1,200,000 886 Littleton Side- walk Project (41362) Littleton NH 710,159 887 Loudon Intersec- tion Improve- ments (40632) Loudon NH 2,347,256 888 Malboro Street Cheshire Rail Trail (42515) Keene NH 681,123 889 Maplewood Ave- nue Complete Streets Portsmouth NH 2,804,300 890 Merrimack River Greenway Concord NH 1,584,800 891 Multi-use Path Connecting Warner Vil- lage to Exit 9 Business Area Warner NH 920,000 892 NH 128 and Sherburne Road and Mammoth and 111A Pelham NH 1,240,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00125 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 126 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 893 Pedestrian Bridge Cross- ing Granite Street Manchester NH 3,360,000 894 Plymouth Side- walk Project Plymouth NH 414,000 895 Reconstruct Me- chanic St / High St / Mascoma St Intersection (4094) Lebanon NH 2,400,000 896 Rt 11 Safety and Capacity Improvements Rochester NH 5,664,000 897 Spruce Street Connector Nashua NH 1,000,000 898 Trestle Bridge— Mill City Park Trail Franklin NH 1,200,000 899 Waterville Valley Pedestrian Improvements Waterville Valley NH 948,110 900 Whitefield Side- walk Project Whitefield NH 396,704 901 Berkshire Valley Road Truck Circulation Project Kenvil (Roxbury Township) NJ 2,000,000 902 Bloomfield Ave- nue Roadway Improvements & Traffic Sig- nal Mod- ernization West Caldwell, Caldwell, North Caldwell, Verona, Montclair, Glen Ridge, Bloomfield, and Newark NJ 10,000,000 5,000,000 5,000,000 903 Bloomfield Sta- tion Rehabili- tation Project Bloomfield NJ 2,000,000 904 Carteret Ferry Terminal Project Carteret NJ 5,625,000 905 City of Passaic Pedestrian Greenway Project Passaic NJ 883,432 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00126 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 127 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 906 Construction of Pedestrian Bridge on Co- lumbia Trail (Relocation of Openaki Bridge Truss) Long Valley (Washington Township) NJ 1,000,000 907 Cranford Station Rehabilitation Project Cranford NJ 1,120,000 908 Dennisville Pe- tersburg Road (CR 610) Re- surfacing Im- provements Dennis Town- ship NJ 1,640,000 909 Dunellen Bike- way and Pe- destrian Safe- ty Improve- ments Dunellen NJ 475,723 910 East Orange Train Station East Orange NJ 800,000 911 Enhanced Laydown Area for Offshore Wind Indus- try, Paulsboro Marine Ter- minal Paulsboro NJ 4,750,000 912 Freehold’s Park- ing Improve- ment project Freehold Bor- ough NJ 557,716 913 Great Falls Gateway Phase II Paterson NJ 972,000 914 Hackettstown Mobility Im- provement Hackettstown NJ 4,712,000 915 Hamilton Street Plaza Project Bound Brook NJ 1,760,000 916 Hand Avenue (CR–658) Bridge Over Skeeter Island Creek Middle Town- ship NJ 1,310,000 917 Highlands Rail Trail Phase II Wanaque NJ 800,000 918 Hudson County’s County Ave- nue Recon- struction Secaucus NJ 1,400,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00127 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 128 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 919 Irvington Ave- nue Sidewalks and Streetscape Improvements South Orange NJ 2,750,000 920 Jackson Avenue/ Riverside Ave- nue Improve- ments Project Rutherford NJ 250,000 921 Kingsland Ave- nue Bridge Replacement Project Lyndhurst and Nutley NJ 5,000,000 922 Koleda Park Im- provement Project Middletown NJ 800,000 923 Lackawanna Cut-off Culvert Relocation Byram NJ 1,600,000 924 Lincoln Avenue Drainage Im- provements Project Elizabeth NJ 2,080,000 925 Long Branch Intermodal Station Project Long Branch NJ 13,000,000 926 McBride Avenue Roundabout Project Woodland Park NJ 960,000 927 Mercer County Bus Purchase West Trenton NJ 732,000 928 Mercer County Electric Vehi- cles and Elec- tric Vehicle Charging Sta- tions Trenton NJ 454,500 929 Mercer County Roadway Safety Im- provements Mercer Coun- ty NJ 640,000 930 Newark Broad Street Signal Optimization Newark NJ 1,650,000 931 North Broad Street Redevel- opment Project Newark NJ 1,200,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00128 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 129 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 932 Ocean Drive (CR621) Up- grades and Bridge Im- provements Lower Town- ship NJ 7,000,000 933 Parkside Neigh- borhood School and Pedes- trian Traffic Safety Camden NJ 6,000,000 934 Passaic Bus Ter- minal Canopy Passaic NJ 1,600,000 935 Patriots Way Bridge Super- structure Re- placement Oakland NJ 4,184,830 936 Pedestrian Bridge at the Great Falls National His- torical Park Paterson NJ 1,000,000 937 Pedestrian Im- provement for Metro Park Township of Woodbridge NJ 1,250,000 938 Permanent Ferry Ter- minal Penin- sula Project Bayonne NJ 4,321,600 939 Pleasant Avenue & Park Ave- nue / Pedes- trian & Vehic- ular Safety Improvements & Restoration Project Weehawken NJ 7,520,000 940 Point Pleasant Beach Chan- nel Drive ADA Compli- ance Upgrade and Surface Revitalization project Point Pleas- ant Beach Borough NJ 1,399,785 941 Pompton River Rail Bridge (Pequannock Valley Pedes- trian Trail) Substructure Repair Township of Pequannock, Morris Coun- ty, and Town- ship of Wayne, Pas- saic County NJ 1,500,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00129 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 130 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 942 Reconstruction of Pedestrian Bridges over Cole Drive (Bridgewater Train Sta- tion) Bridgewater NJ 1,280,000 943 Replacement of Morris County Bridge 1400– 433 on Bloom- field Avenue over a Tribu- tary to Pas- saic River in the Township of Montville, Morris County Montville/ Pine Brooke NJ 2,000,000 944 Replacement of Morris County Bridge 1400– 935 on Lenape Island Road over Indian Lake in the Township of Denville, Mor- ris County Denville NJ 1,000,000 945 River Road Overpass West New York NJ 5,200,000 946 River Road Sub- surface Soil Stabilization Edgewater NJ 1,760,000 947 Roadway Reha- bilitation East Atlantic Ave- nue CR727 Somerdale, Hi-Nella, Stratford NJ 1,500,000 948 Roadway Reha- bilitation Evesham Road, CR 544 Lawnside, Magnolia, Somerdale, Cherry Hill, Voorhees NJ 2,500,000 949 Roadway Reha- bilitation Haddon Ave. CR561 Haddon Township, Collingswood NJ 3,000,000 950 Roadway Reha- bilitation Red Bank Avenue CR644 Woodbury NJ 1,765,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00130 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 131 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 951 Route 202, First Avenue Inter- section Im- provements – Right of Way Acquisitions Raritan NJ 3,340,685 952 Route 29 Tunnel Ventilation System Trenton NJ 2,400,000 953 Route 33 Bridge Over Millstone River Millstone Township NJ 3,640,000 954 Route 35 Bridge Over the North Branch of Wreck Pond Wall NJ 3,736,000 955 Route 55/Route 47 Inter- change Millville NJ 9,250,000 956 Seaside Heights Boardwalk Replacement Seaside Heights NJ 400,000 957 Shaler Boule- vard Streetscape Project Ridgefield NJ 250,000 958 Skyline Drive Bicycle and Pedestrian Bridge Ringwood NJ 800,000 959 South Orange Avenue Streetscape Improvement Project Newark NJ 4,000,000 960 Study & Engi- neering De- sign for the Rehabilitation or Replace- ment of Sussex County Bridge K-03 in the Borough of Hopatcong Hopatcong NJ 2,360,000 961 Sussex County Guide Rail Upgrade Pro- gram Frankford and Wantage NJ 1,000,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00131 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 132 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 962 Sussex County Skylands Ride Capital Project Hamburg NJ 400,000 963 Teaneck Pedes- trian Overpass Replacement Teaneck NJ 4,000,000 964 Tenafly Road- way Resurface & Improve- ments Borough of Tenafly NJ 1,545,000 965 The County Road 539 Overpass Project Plumstead NJ 8,000,000 7,000,000 1,000,000 966 Traffic Signal Optimization/ Adaptive Sig- nals Along McCarter Highway (Route 21) Newark NJ 1,600,000 967 U.S. Route 130/ Delaware Ave- nue/Florence Columbus Road Intersec- tion Improve- ments Florence Township NJ 17,320,000 968 Union County Structurally Deficient Bridge Initia- tive – Allen Ave. Bridge, Township of Union Union Town- ship NJ 400,000 969 Union County Structurally Deficient Bridge Initia- tive – Faitoute Ave. Bridge, Kenilworth Kenilworth NJ 600,000 970 Union County Structurally Deficient Bridge Initia- tive—High Street Bridge Summit NJ 600,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00132 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 133 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 971 Union County Structurally Deficient Bridge Initia- tive – Oak- land Place Bridge Summit NJ 760,000 972 Union County Structurally Deficient Bridge Initia- tive – Pine Grove Avenue Bridge Summit NJ 800,000 973 Union County Structurally Deficient Bridge Initia- tive – Shunpike Road Bridge Summit NJ 600,000 974 Union County Structurally Deficient Bridge Initia- tive—Spring Garden Bridge, Cranford Cranford NJ 800,000 975 West County Drive (CR 646) Exten- sion Township of Branchburg NJ 6,493,600 976 West Milford Bikeway Con- nector Project West Milford NJ 536,000 977 Willingboro EV Charging Sta- tions Willingboro NJ 800,000 978 Woodbine Bike- way and Trailhead Im- provements Borough of Woodbine NJ 800,000 979 Arroyo De Los Chamisos Crossing Santa Fe NM 4,900,000 980 Coal Avenue Commons ‘‘Event Street’’ Gallup NM 3,500,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00133 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 134 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 981 County Road 43—Super- man Canyon Bridges McKinley County— Churchrock Chapter NM 4,500,000 982 Foothills Drive Enhancement Phase III Farmington NM 1,324,800 983 Kilgore Street Improvements Portales NM 2,079,000 984 Rio Lucero Road Improvement Project Taos Pueblo NM 3,048,910 985 Wild Rose Road (Route #670) and Pedes- trian Im- provement Project Santa Clara Pueblo NM 618,000 986 Arlington Ave- nue Bridges Project Reno NV 6,000,000 987 Charleston Bou- levard Under- pass Las Vegas NV 7,000,000 988 Charleston Park Avenue Recon- struction Project Pahrump NV 1,552,079 989 Coleman Road Expansion Fallon NV 5,000,000 990 Hydrogen Fuel Cell Bus and Fuel Site Project Reno NV 5,240,000 991 I–15 South Package 2— Sloan to Blue Diamond Las Vegas NV 5,000,000 992 Maryland Park- way Bus Rapid Transit Zero Emission Fleet Las Vegas NV 5,000,000 993 North Las Vegas Street Light Conversion North Las Vegas NV 12,000,000 994 Rancho Drive Complete Streets Im- provements Las Vegas NV 3,000,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00134 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 135 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 995 SR28 Central Corridor Sand Harbor to Spooner—Se- cret Harbor to Skunk Harbor Trail, Parking and Safety Improvements Carson City NV 1,760,000 996 William Street Complete Streets Project Carson City NV 2,000,000 997 ADA: Classon Ave / Cross- town Line (G Train) Brooklyn NY 5,000,000 998 ADA: Forest Hills Platform Extensions & Elevators Queens NY 16,910,000 999 ADA: Parkchester- E.177 St / Pelham Line (6 Train) Bronx NY 15,000,000 1000 Asharoken Ave- nue Northport NY 800,000 1001 Bannister Creek Bridge Reha- bilitation Lawrence NY 4,940,000 1002 Basher Pedes- trian Bridge Rehabilitation Tarrytown NY 494,400 1003 Bayville Bridge Bayville NY 14,489,446 1004 Bridge Repair/ Safety Assur- ance, West- chester County Tarrytown NY 1,096,395 1005 Bridge Replace- ment of CR46 (William Floyd Park- way) over Narrow Bay Brookhaven NY 7,200,000 1006 Broadway Junc- tion Improve- ments Phase 1, Brooklyn, NY, 8th Con- gressional Dis- trict Brooklyn NY 8,000,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00135 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 136 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 1007 City of Pough- keepsie Market Street Connectivity Project Poughkeepsie NY 2,400,000 1008 Concrete Pave- ment Reha- bilitation I– 495 Brookhaven NY 7,998,048 1009 County Route 7&8—RTE 299 Roadway Repaving Towns of New Paltz and Gardiner NY 3,600,000 1010 Craig Street Corridor Project Schenectady NY 2,700,000 1011 Del Valle Square/ Crames Square Traf- fic, Safety, and Plaza Im- provements Bronx NY 4,870,000 1012 DL&W Station Buffalo NY 5,000,000 1013 Electric Bus Charging Fa- cility Rochester NY 800,000 1014 Elmwood Avenue Multiuse Cor- ridor Improve- ment Rochester NY 8,596,000 1015 Griswold Road over Murder Creek Bridge Replacement Darien NY 1,203,200 1016 Half Moon Bay Bridge Recon- struction Project Croton-on- Hudson NY 1,500,000 1017 Heritage Trail Extension: Hartley Road to Downtown Middletown (Segment 2) Town of Go- shen NY 500,000 1018 High Line Con- nections— Hudson River Park / Javits Center Con- nection New York NY 5,000,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00136 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 137 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 1019 Highland Ave- nue over Wal- lace Street Otisville NY 1,250,000 1020 Highway and Pedestrian Safety Infra- structure Im- provements Kiryas Joel NY 1,380,000 1021 Highway Im- provements to the Interval Avenue Area, Farmingdale Oyster Bay NY 1,000,000 1022 Hudson High- lands Fjord Trail Beacon NY 4,350,000 1023 Hudson Line Tunnels Peekskill NY 4,550,000 1024 I–84/Route 9D Connectivity (Beacon- Fishkill) Beacon and Town of Fishkill NY 400,000 1025 Improvements to East Lincoln Avenue, River- dale Avnenue and Pirates Cove, Massapequa Oyster Bay NY 1,000,000 1026 Inner Loop North Trans- formation Project Rochester NY 4,000,000 1027 Lake St. Bridge Project Newburgh NY 1,750,000 1028 Lake to Lake Road Bridge Replacement Town of Gor- ham NY 1,464,000 1029 Level 2 EV Charging Net- work in NYCDOT Mu- nicipal Park- ing Facilities Queens NY 734,400 1030 Little Bay Park Promenade Bayside NY 1,000,000 1031 Long Beach Road Im- provements, South Hemp- stead, NY Rockville Cen- tre NY 4,780,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00137 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 138 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 1032 Multi-Modal Phase I/Pedes- trian Con- nector Project Amsterdam NY 4,500,000 1033 Newburgh Ferry Landing Pier Newburgh NY 4,000,000 1034 Northport Flood- ing on Main St. Northport NY 1,392,000 1035 Northwest Bronx School Safety Improvement Project Bronx NY 2,331,000 1036 NY 146 and NY146A Bicy- cle & Pedes- trian Access Improvements Clifton Park NY 1,055,000 1037 NYS Route 133 Bike Lane Ossining NY 1,500,000 1038 Onondaga Lake Canalways Trail—Salina Extension Project Syracuse NY 8,000,000 1039 Orange-Dutchess Transpor- tation Access and Mobility Study Goshen NY 400,000 1040 Outer Harbor Multi-Use Trails Buffalo NY 2,000,000 1041 Park Ave—In- gersoll Houses Safety Im- provements Brooklyn NY 1,942,000 1042 Perry Road (CR 64) Highway Rehabilitation Mt. Morris NY 1,440,000 1043 Phase 1 of the New York State Route 38 – State Street Pave- ment Preser- vation Project Auburn NY 2,778,400 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00138 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 139 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 1044 Preventative Maintenance Pavement from Route 67/Route 10 Ephratah to Johnstown City Line Town of Johnstown & Ephratah NY 3,394,752 1045 Purchase of Eight Electric Buses for Use in Emerging Markets – Montgomery County Albany NY 6,000,000 1046 Putnam Coun- ty’s Donald B. Smith Transit Hub Carmel NY 1,500,000 1047 Rapids Road Highway Im- provements Lockport NY 4,000,000 1048 Reconstruction of Osborne Street Auburn NY 4,407,200 1049 Reconstruction of the Intersec- tion of Rt 7, Rt 23 and Maple St in Oneonta into Roundabout Configuration Oneonta NY 3,200,000 1050 Replacement of the Bridge Street Bridge over Schoharie Creek Schoharie NY 6,254,400 1051 Restoration of Van Cortlandt Manor En- trance Road Project Croton-on- Hudson NY 600,000 1052 Riverside Drive Pedestrian Mall New York NY 2,400,000 1053 Rose Road over Bowen Creek Bridge Re- placement Batavia NY 1,033,600 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00139 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 140 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 1054 Route 104 Inter- section Im- provement Project Ontario NY 1,254,400 1055 Route 2 Multi- Modal Connectivity Project Troy NY 5,700,000 1056 Route 28/South Inlet Lake Town of Arietta NY 6,621,248 1057 Route 31 Im- provement Project Wayne Coun- ty NY 2,970,400 1058 RT 12E/ Chaumont River Village of Chaumont NY 9,984,000 1059 Safe and Acces- sible Midtown Kingston Kingston NY 6,053,818 1060 Safe Passage for CRCS Stu- dents Cuba NY 1,472,000 1061 Safe Routes to School- Bronx (HWCSCH4D) Bronx NY 1,682,000 1062 Safe Routes to School—Man- hattan (HWCSCHM- N) New York NY 3,643,000 1063 Safe Routes to Transit 86th Street Brooklyn NY 2,516,000 1064 Sands Point Preserve Bridge Village of Sands Point NY 1,784,000 1065 Sharp Road (CR 181) over Spring Brook Bridge Re- placement Concord NY 1,400,000 1066 Shoreline Trail Lackawanna and Hamburg NY 2,000,000 1067 Southeast Queens Flood- ing Relief Queens NY 3,859,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00140 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 141 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 1068 Street Restora- tion in Brook- lyn—Hancock St, Bushwick Ave, Hill St, E 80th St Brooklyn NY 4,884,000 1069 The Maiden Lane Reha- bilitation Project Greece NY 6,604,000 1070 The New Ro- chelle LINC Project New Rochelle NY 13,000,000 1071 The Riverline Buffalo NY 10,500,000 1072 Twin Cities Highway Complete Streets Tonawanda and North Tonawanda NY 500,000 1073 Ulster County Electric Bus Charging In- frastructure Kingston NY 800,000 1074 Union Turnpike Center Median Replacement Queens NY 2,355,200 1075 Van Wyck Ex- pressway Ac- cess Improve- ment to John F. Kennedy Airport Queens NY 16,141,000 1076 Victor Traffic Mitigation Project Victor NY 9,920,000 1077 Village of Ossining Route 9 Road Diet Project Ossining NY 1,000,000 1078 Water Street Re- juvenation Project Elmira NY 1,289,400 1079 West Broadway Rehabilitation Woodmere to Cedarhurst NY 9,670,000 1080 West Lake Road (CR 3) Pre- ventative Maintenance Perry NY 931,478 1081 Williams Bridge Station Re- newal Bronx NY 14,675,000 1082 Yonkers Green- way Yonkers NY 1,791,600 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00141 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 142 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 1083 11th Street Re- construction Project Canton OH 1,500,000 1084 Arlington Road Corridor Green OH 5,578,551 1085 Bagley Road Re- construction North Ridgeville OH 1,500,000 1086 BRO–32–4.16 Mt. Orab OH 10,000,000 1087 Cherry Rd Bridges Reha- bilitation Massillon OH 1,480,000 1088 CLE CR 3 – Aicholtz Road Roundabouts Cincinnati OH 2,000,000 1089 CLE SR32–2.33 – CLE CR55 Overpass Batavia OH 1,500,000 1090 Cleveland Ave- nue Multimodal Facility Project Westerville OH 800,000 1091 Columbia Road—I–90 Interchange Westlake OH 1,900,000 1092 E. Main Street (SR153) & Nickel Plate Intersection Improvement Louisville OH 1,200,000 1093 East Dayton Rails-to-Trails (Flight Line) Dayton OH 2,000,000 1094 Easton Street/ GlenOak HS Intersection Improvements Canton OH 575,000 1095 Electric Trolley Power Dis- tribution Sys- tem Dayton OH 3,600,000 1096 French Creek Greenway Phase 1 Avon OH 595,637 1097 Gaysport Bridge Replacement Project Philo OH 3,000,000 1098 HAM–75–1.95 Cincinnati OH 8,640,000 4,320,000 4,320,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00142 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 143 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 1099 Hydrogen Infra- structure Tank Increase Canton OH 1,000,000 1100 Interchange Con- struction Project on I– 71 at Sunbury Parkway Sunbury OH 3,000,000 1101 Kungle Road Culvert Re- placement Norton OH 308,000 1102 LUC IR 475 @ US 20A Inter- change Lucas County OH 10,000,000 1103 Main Street Cor- ridor Improve- ment Plan Mansfield OH 2,000,000 1104 Miller Road— I77 Inter- change Brecksville OH 12,000,000 1105 Olmsted Falls Columbia Rd. Olmsted Falls OH 1,900,000 1106 Pearl Road Brunswick Brunswick OH 2,718,700 1107 Pearl Road Im- provements Brunswick OH 1,500,000 1108 River Styx Road/SR 162 Intersection Roundabout Montville Township OH 3,200,000 1109 Sprague Road Widening Parma Parma OH 800,000 1110 SR283 Capacity Improvements Mentor OH 3,148,000 1111 Stark County CR–224 North Canton OH 350,000 1112 State Route 13 Relocation Mount Vernon OH 1,900,405 1113 State Route 254 & State Route 83 Intersec- tion Improve- ment Avon OH 1,500,000 1114 Study and De- sign of ATB 531 Ashtabula OH 2,400,000 1115 The Point Inter- section—US 36/SR 37 Delaware OH 4,000,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00143 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 144 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 1116 Thornwood Crossing Project Newark OH 5,000,000 1117 U.S. Route 30— East Canton Expansion East Canton OH 1,500,000 1118 US–422 Harper Road Inter- change Solon OH 2,414,288 1119 W. Tuscarawas Street Safety Corridor Project Canton OH 1,000,000 1120 Wadsworth Streetscape Wadsworth OH 2,500,000 1121 Wayne CR–30 Resurfacing project Wooster OH 1,219,962 1122 West Creek Greenway Parma OH 2,720,000 1123 Western Hills Viaduct Re- placement Project Cincinnati OH 15,000,000 1124 Bobcat Way: Trans- formation of Fairview Ave- nue Grandview Heights OH 1,000,000 1125 Broad Street and James Road Intersec- tion Columbus OH 1,000,000 1126 Cherry Bottom Road Emer- gency Sta- bilization Gahanna OH 860,000 1127 City of Akron— North Main Street Com- plete Streets Project Akron OH 4,000,000 1128 Cleveland Hop- kins Airport Master Plan Interstate Ac- cess Improve- ment Project Cleveland OH 2,000,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00144 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 145 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 1129 Cuyahoga Falls—Gorge Terrace Street Trans- formation Project City of Cuya- hoga Falls OH 7,200,000 1130 Eastgate—State Route 46 and Warren-Shar- on Road Intersection Safety Im- provements Howland Township OH 4,000,000 1131 Ferris Road Cor- ridor Columbus OH 2,000,000 1132 Hiawatha Park Drive Urban Greenway Columbus OH 1,000,000 1133 Hudson Street and Greenway Trail Columbus OH 1,000,000 1134 Jackson Street/ Civic Center Mall Corridor- Lucas County Toledo OH 4,000,000 1135 Life and Safety Facility Up- grades, TARTA M&O Facility Toledo OH 4,000,000 1136 Lorain County Lakefront Connectivity Project Lorain Ohio OH 4,000,000 1137 Mahoning Ave- nue Industrial Corridor Up- grade Jackson Township OH 4,000,000 1138 Multimodal Lakefront Ac- cess, Cuyahoga County, Ohio City of Cleve- land Bound- ary, including Bay Village, Rocky River, and Lakewood OH 2,000,000 1139 Operation Safewalks – Refugee Road Columbus OH 2,000,000 1140 Reynoldsburg East Main Phase II Reynoldsburg OH 1,585,000 1141 Reynoldsburg Park & Ride Reynoldsburg OH 500,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00145 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 146 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 1142 Rickenbacker Area Access— Northbound Bridge Project Columbus OH 5,000,000 1143 Rickenbacker Area Mobility Center (RAMC) Columbus OH 3,000,000 1144 Sandusky Bay Pathway Sandusky OH 4,000,000 1145 Bridges on Inter- state 35 at Interchanges between Me- morial and 2nd Street Edmond OK 10,000,000 1146 I–35 Widening in Love Coun- ty Love County OK 17,120,000 1147 I35/I240 Inter- change Oklahoma City OK 10,000,000 1148 I–40 and Exit 65 in Clinton Clinton OK 3,250,000 1149 S.E. 29th Street Bridge Re- placement & Repair Project Midwest City OK 2,880,000 1150 SH30 from SH33 N. 2 miles in Roger Mills Co Durham OK 2,000,000 1151 SH–33 from Blaine County line east to SH–74 Kingfisher OK 3,250,000 1152 US–270 between Watonga and Seiling Watonga OK 3,250,000 1153 US–287 from Boise City north to Colo- rado (Ports-to- Plains Cor- ridor) Boise City OK 3,250,000 1154 181st Safety Im- provements Gresham OR 4,000,000 1155 82nd Avenue Safety Projects Portland OR 5,000,000 1156 Albany Transit Operations Facility Albany OR 1,563,978 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00146 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 147 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 1157 Beaverton Down- town Loop: Phase 1 Im- provements Beaverton OR 4,000,000 1158 Benton Area Transit Vehi- cle Replace- ment Corvallis OR 528,000 1159 Corvallis Area Pedestrian Crossing Im- provements Corvallis OR 880,000 1160 Georgia Pacific Mill Site Rail- Served Marine Terminal Coos Bay OR 4,500,000 1161 I–5: Aurora- Donald Inter- change Im- provement Project Aurora OR 20,000,000 1162 Libby Lane Re- paving Coos Bay OR 486,400 1163 LTD Electric Bus Replace- ment Eugene OR 1,844,322 1164 Main Avenue/OR 104 Pedes- trian Route Warrenton OR 1,360,000 1165 NW Circle Bou- levard Recon- struction/Re- habilitation Corvallis OR 2,800,000 1166 OR18: Newberg- Dundee By- pass Phase 2 (OR219 Sec- tion) Newberg OR 8,000,000 1167 River Road— Santa Clara Bicycle and Pedestrian Bridge Eugene OR 1,500,000 1168 Rose Lane / High Crash Corridor – Smart Tech and Safety Improvements – 122nd Portland OR 5,000,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00147 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 148 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 1169 Safety and Smart Tech- nology Invest- ments: Central City, Broad- way Portland OR 4,000,000 2,000,000 2,000,000 1170 Siuslaw River Bridge Pedes- trian and Bi- cycle Improve- ment Project Florence OR 897,300 1171 Territorial Highway Re- construction Phase 3 Lane County OR 5,000,000 1172 TriMet Zero Emission Bus Infrastructure Portland OR 4,000,000 1173 Tualatin Valley Highway Safety Im- provements Cornelius, Hillsboro, un- incorporated Washington County OR 4,000,000 1174 Amtran Bus Re- placement Altoona PA 900,000 1175 Asset Manage- ment Phase 1 Washington/ North Branch/ Forkston Townships PA 2,800,000 1176 Bradford Bypass Bradford PA 5,680,000 1177 Bristol Station Improvements Bristol PA 5,000,000 1178 Cambria County Transit Au- thority (CamTran) Bus Replace- ments Johnstown PA 6,160,000 1179 Crawford Avenue Bridge Reha- bilitation Connellsville PA 5,682,180 1180 East Washington Road (PennDOT ID 91768) New Castle PA 3,116,000 1181 East Washington Street Bridge (PennDOT ID 100743) New Castle PA 1,400,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00148 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 149 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 1182 Johnstown Mainstreet Greenway & Urban Connectivity Improvements Johnstown PA 1,500,000 1183 Laurel Valley Transpor- tation Im- provement Project SR 130 to Arnold Palmer Air- port Mt Pleasant and Unity Townships PA 5,000,000 1184 Lower State Road Grade Crossing Safe- ty Improve- ments Philadelphia PA 1,200,000 1185 Marsh Creek Greenway Wellsboro PA 5,000,000 1186 PA Route 26 Jacksonville Road Better- ment Bellefonte PA 5,000,000 1187 PA Turnpike / I–95 Inter- change Project, Sec- tion C Bensalem PA 5,000,000 1188 PA Turnpike / I–95 Inter- change Project, Sec- tion D30 Bensalem PA 5,000,000 1189 Purchase of 8 Microtransit Vans State College PA 416,000 1190 Route 61 Revi- talization Schuykill County PA 15,200,000 1191 Sassafras Street Extension Pe- destrian Bridge Erie PA 4,400,000 1192 SR 1001 Farrandsville Road Im- provements Woodward Township and Lock Haven PA 1,200,000 1193 SR 104 over Mahantango Creek Chapman Township PA 1,000,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00149 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 150 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 1194 SR2027 Speers Bridge Re- placement over I–70 Speers Bor- ough PA 5,672,564 1195 SR87 ov Kettle Creek Hillsgrove Township PA 1,040,000 1196 State Route 68 Corridor Im- provements Butler PA 6,630,000 1197 US 422 Bypass Phase 2 Butler, Connoqueness- ing, and Franklin Townships PA 2,454,000 1198 US 6: Reynolds St – Baldwin St Ext (Route 6 Highway Reconstruc- tion) Meadville PA 2,000,000 1199 US Business Route 322 (State Route 3014) Ath- erton Street Section 153 Drainage/Re- paving Project State College PA 5,550,000 1200 Warrensville Road Slide Rehabilitation Williamsport PA 3,360,000 1201 Waynesburg Bet- terment Waynesburg Borough & Franking Township PA 8,000,000 1202 69th Street Transpor- tation Center Master Plan Upper Darby PA 1,600,000 1203 Blakely Borough Main Street Corridor Im- provement Project Blakely Bor- ough, Lackwanna County PA 1,497,417 1204 Bridge Replace- ment 209 & 33 NB over Appenzell Creek Hamilton Township PA 2,000,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00150 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 151 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 1205 Bushkill Creek Bridge Re- placements (2) Carrying State Route 33 Easton PA 4,000,000 1206 Carnegie Station Improvement and Park and Ride Expan- sion Carnegie PA 9,699,200 1207 Castor Ave Com- plete Street Philadelphia PA 3,000,000 1208 Cementon Bridge Replacement carrying State Route 329 over the Le- high River Whitehall, Northampton PA 10,000,000 1209 Chestnut Street Pedestrian Safety Islands Philadelphia PA 3,000,000 1210 Cobbs Creek Parkway Multimodal Safety Im- provements: Larchwood Avenue to 67th St. Philadelphia PA 2,000,000 1,200,000 800,000 1211 County of Lackawanna Transit Sys- tem Transit Facility Ren- ovation Scranton PA 5,000,000 1212 Crestwood Drive Resurfacing Project Wright Town- ship, Luzerne County PA 1,200,000 1213 Critical Pedes- trian Connec- tions – Public Steps Recon- struction Pittsburgh PA 5,000,000 1214 Cross County Trail – Ger- mantown Pike Crossing and Extension Plymouth Township PA 4,840,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00151 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 152 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 1215 Erie Station (Broad Street Line) Accessi- bility Im- provements Philadelphia PA 7,200,000 3,600,000 3,600,000 1216 Exton Station Intermodal Connectivity Exton PA 4,800,000 1217 Frankford Creek Greenway: Adams Avenue to Bristol Street Philadelphia PA 2,000,000 1218 Franklin Square Pedestrian and Bicycle Improve- ment—7th and Race Spe- cific Philadelphia PA 240,000 1219 Hazleton Buses and Bus In- frastructure Hazleton PA 1,500,000 1220 Hill District Corridor En- hancements Pittsburgh PA 6,000,000 1221 Improvements to Boulevard of the Allies Pittsburgh PA 5,000,000 1222 Kittanning Pike Flood Control O’Hara Township PA 2,200,000 1223 Lower Demunds Road Resur- facing Project Dallas Town- ship, Luzerne County PA 1,200,000 1224 Main Street Grade Cross- ing in Darby Borough Darby Bor- ough PA 1,000,000 1225 Mantua Neigh- borhood Traf- fic Safety Project (34th St.) Philadelphia PA 4,000,000 1226 Marcus Hook Regional Rail Station Acces- sibility Im- provements Marcus Hook PA 11,250,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00152 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 153 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 1227 Market Place District Im- provements Project Moon Town- ship PA 3,100,800 1228 McKees Rocks Bridge McKees Rocks PA 5,000,000 1229 McKeesport— Duquesne Bridge Preser- vation McKeesport PA 4,000,000 1230 PA 12 West Resurface- 422 Wyomissing Borough PA 4,000,000 1231 Parkside Avenue – Safe Access to Parks Philadelphia PA 4,000,000 1232 Penn Center Transit Gate- way Philadelphia PA 3,975,000 1233 PHL Airport Bike Lanes Philadelphia PA 3,000,000 1234 Replacement of SR 590 Bridge over Branch of Ariel Creek Salem Town- ship, Wayne County PA 560,000 1235 Replacement of SR 590 Bridge over Inlet to Finn Swamp Paupack Township, Wayne Coun- ty PA 432,000 1236 Roosevelt Boule- vard Intersec- tion Improve- ments Philadelphia PA 1,960,000 1237 Schuylkill Ave- nue Bridge Reading PA 4,904,036 1238 Second Street Signal Opti- mization (Le- high Ave to Callowhill St) Philadelphia PA 2,400,000 1239 SEPTA Plat- form Rehabili- tation Project at PHL Philadelphia PA 1,205,000 1240 Sleepy Hollow Road Bridge Replacement Butler Town- ship, Luzerne County PA 1,200,000 1241 South Henderson Road Wid- ening Upper Merion PA 5,000,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00153 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 154 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 1242 SR 29 & SR 113 Intersection Improvements Perkiomen Township PA 3,676,512 1243 SR 4004—Park Ave, Eagleville Road, Crawford Road Intersec- tion Realign- ment Project Audubon PA 4,745,604 1244 State Route 115 Corridor Im- provements Effort Chestnuthill Township, Monroe Coun- ty PA 4,000,000 1245 State Route 590 Paving Project Lackawaxen Township, Pike County PA 2,400,000 1246 State Route 652 Resurfacing Project Berlin Town- ship, Wayne County PA 1,008,000 1247 Tilghman Street and State Route 309 Interchange Reconstruction South White- hall Township PA 4,000,000 1248 Upper Darby Walnut Street Multimodal Connectivity Project Upper Darby PA 745,000 1249 US 222 Hard Shoulder Wyomissing Borough PA 5,000,000 1250 PRHTA-01 Lajas to San German Lajas PR 5,000,000 1251 PRHTA-02 Gurabo Gurabo PR 4,800,000 1252 PRHTA-03 Ba- yamon Bayamon PR 7,884,000 1253 East Main Road – Union Ave- nue to Sandy Point Avenue Safe Shared- Use Path Portsmouth RI 240,000 1254 Hope and Main Street Side- walks Bristol and Warren RI 8,000,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00154 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 155 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 1255 Pawtucket Ave- nue Veteran’s Memorial Parkway to Waterman Av- enue East Provi- dence RI 5,600,000 1256 Post Road and Old Post Road Improvements Westerly, Charlestown RI 10,400,000 1257 Route 2, Bald Hill Road, and New Lon- don Avenue Improvements Warwick/ Cranston RI 4,000,000 1258 RT–114, Wampanoag Trail (East Shore Ex- pressway to Federal Road) Barrington and East Providence RI 5,920,000 1259 Trestle Trail— West Section Coventry RI 4,400,000 1260 I 26/ 526 Inter- change North Charleston SC 20,000,000 1261 SC–126 Bel- vedere Clear- water Road Widening Clearwater SC 13,069,695 1262 Corridor Im- provement at Old State Road (US 21/ 176) from Savany Hunt Creek Road (S–86) to Old Sandy Run Road (S–31) Calhoun County SC 1,100,000 1263 Intersection Im- provement at Old State Road (US 21/ 176) and Savany Hunt Creek Road (S–86) Gaston SC 1,100,000 1264 Santee Wateree Regional Transpor- tation #2022 Sumter SC 2,000,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00155 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 156 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 1265 Sumter Manning Avenue Bridge Multimodal Enhancements Sumter SC 4,000,000 1266 US 21/178 By- pass (Joe S. Jeffords High- way) Corridor Improvement Orangeburg SC 7,800,000 1267 Walk Bike Co- lumbia Columbia SC 4,000,000 1268 Blount County Greenway Blount Coun- ty TN 3,420,800 1269 Elvis Presley Boulevard Memphis TN 7,000,000 1270 Knob Creek Road Johnson City TN 2,630,000 1271 Magnolia Avenue Corridor Knoxville TN 10,000,000 1272 MATA Electric Bus Program Memphis TN 7,000,000 1273 Memphis 3.0 (Kimball at Pendleton) Memphis TN 3,000,000 1274 Mississippi Bou- levard Signal- ized Pedes- trian Crossing Memphis TN 1,141,440 1275 Overton Park Cooper Street Entrance Memphis TN 1,739,432 1276 SR–126 Kingsport TN 5,662,000 1277 SR–34 Morristown TN 2,394,000 1278 SR–35 Greenville TN 2,018,000 1279 SR–36 Spurgeon TN 5,445,000 1280 SR–499 EXT Sevierville TN 832,000 1281 SR–93 Horse Creek Kingsport TN 777,000 1282 SR–93 Miscella- neous Safety Improvements Fall Branch TN 242,000 1283 Third/Fourth Street Cor- ridor Project, Chattanooga, TN Chattanooga TN 2,500,000 1284 US–127 (SR–28) Fentress County / Cumberland County TN 20,000,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00156 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 157 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 1285 54 Scott Street BOOST Cor- ridor project Houston TX 20,000,000 1286 Austin Bergstrom Spur Urban Trail Austin TX 10,000,000 1287 Austin Ross Road Sub- standard Street Austin TX 10,000,000 1288 Bear Creek Road Improvement Project Glenn Heights TX 3,329,417 1289 City of South Houston--Con- crete Side- walks South Hous- ton TX 1,264,530 1290 Clay Road Bridge Recon- struction Project Houston TX 9,929,577 1291 Dallas East Grand Avenue (SH–78) Cor- ridor Study & Infrastructure Improvements Dallas TX 1,300,000 1292 Dallas Vision Zero Imple- mentation Dallas TX 10,000,000 1293 DART LED Light Replace- ment Project Dallas TX 2,080,000 1294 DART Mobile Data Termi- nals System Upgrade Project Dallas TX 1,760,000 1295 East Dallas Bus and Mainte- nance Facility Renovation Project Dallas TX 891,992 1296 FM 3349/US 79 Railroad Grade Separa- tion Project Hutto & Tay- lor TX 10,000,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00157 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 158 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 1297 FM 60 from 2 miles east of SH 36 to .8 miles west of FM 2039 Caldwell TX 4,000,000 1298 Foley Street & Navigation Realignment & Infrastruc- ture Re-Use Construction Phase Houston TX 10,000,000 1299 Fondren Road Reconstruction with Transit and Pedes- trian En- hancements Houston TX 11,000,000 1300 Greater Down- town Dallas Master Plan Dallas TX 1,600,000 1301 Grove Street Intermodal Campus Reha- bilitation Fort Wort TX 3,250,000 1302 High Line Project Pharr TX 940,160 1303 IBTC Donna and Alamo TX 3,500,000 1304 IH 45 from 1.5 miles south of S 84 to US 84 Fairfield TX 1,000,000 1305 IH 69E Lyford and Sebastian TX 3,500,000 1306 Intersection at SH 191 and Yukon Rd. Midland TX 6,520,000 1307 John Hayes Ex- tension El Paso TX 12,000,000 1308 Meadowglen West Complete Street Project Houston TX 4,000,000 1309 Memorial Park Connector South Houston TX 4,000,000 1310 Missouri City/ BW 8 Transit Facility Missouri City TX 5,000,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00158 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 159 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 1311 New Construc- tion Overpass at Loop 338 and South US 385 Odessa TX 2,000,000 1312 Pharr Inter- national Bridge Dock Expansion 1 Pharr TX 2,863,918 1313 Pharr Inter- national Bridge-Com- mercial Vehi- cle Staging Area Pharr TX 3,880,000 1314 Phase 3A—SL 88 from Mem- phis to CR 2240 (Ave. U) (TxDOT Project Id: 1502–01–029) Lubbock TX 11,820,000 1315 Phase 3B—SL 88 from SL 88 from Chicago Avenue to Memphis Ave- nue (TxDOT Project Id: 1502–01–030) Lubbock TX 8,180,000 1316 Reconstruction of US385 in Odessa Odessa TX 1,000,000 1317 Re-establish Northwest Drive Direct Access to IH 635 Mesquite TX 10,000,000 1318 RM 2243 Resil- iency Project Leander TX 10,000,000 1319 Safe Access to Transit Im- provements Houston TX 1,200,000 1320 SH 550 Brownsville TX 3,791,529 1321 SH 6 from BS 6–R to SH 40 College Sta- tion TX 4,000,000 1322 South Parallel Corridor Phase III San Benito TX 6,500,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00159 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 160 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 1323 South Park and Ride Project/ Electric Bus Project Ex- pansion McAllen TX 4,700,000 1324 Speegleville Road: Bridge at Middle Bosque River Waco TX 8,379,000 1325 Stanton Street Bridge ‘‘Good Neighbor International Bridge’’ Intel- ligent Trans- portation Sys- tem El Paso TX 7,200,000 1326 The I–35 Inno- vative Cor- ridor Project Dallas TX 7,500,000 1327 Traffic Signal Improvements Loop 338 at W Yukon Rd Odessa TX 2,480,000 1328 Trinity Lakes Station—Fort Worth Trans- portation Au- thority Fort Worth TX 11,962,800 1329 TX SH 36 Ex- pansion Fort Bend County TX 20,000,000 1330 Vallecillo Road Project Laredo TX 14,000,000 1331 Westheimer BOOST Houston TX 16,000,000 1332 Widen US–77 Victoria TX 20,000,000 1333 Widening of US–83 South of Zapata Townsite Project Zapata TX 5,780,148 1334 Zarzamora/Frio City Road RR Overpass San Antonio TX 15,600,000 1335 1300 East/Rich- mond Street Reconstruction Salt Lake City UT 2,000,000 1336 1500 West and 1300 North Roundabout Clinton City UT 1,200,000 1337 4700 South Project WVC West Valley City UT 3,000,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00160 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 161 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 1338 700 West Project South Salt Lake City UT 3,000,000 1339 BRT from Kimball Junc- tion to Park City (S.R. 224) Park City UT 6,500,000 1340 Colorado River Pathway Phase IV Moab/Grand County UT 1,000,000 1341 Fort Street Re- construct Draper UT 915,294 1342 Frontage Road Bypass Herriman UT 4,800,000 1343 FrontRunner Forward Provo to Ogden UT 3,300,000 1344 Legacy Highway Frontage Road Project Centerville UT 1,500,000 1345 Midvalley Con- nector Murray, West Valley, Salt Lake City UT 5,500,000 1346 Neffs Canyon Trailhead Re- design Salt Lake City UT 800,000 400,000 400,000 1347 North Sugar Factory Road Gunnison UT 1,727,200 1348 Ogden 25th Street Rebuild Project Ogden UT 5,500,000 1349 Ogden Canyon Shared Use Pathway Project Ogden UT 4,000,000 1350 Park City Arts and Culture District Road- way and Connectivity Project Park City UT 1,200,000 1351 Provo Inter- modal Center Pedestrian Bridge Project Provo UT 1,000,000 1352 Safe Route to School Side- walk Project Salt Lake County UT 73,345 1353 Sharp/Tintic Railroad Con- nection Springville and Spanish Fork UT 1,700,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00161 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 162 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 1354 SR-7 Exit 5 Interchange, Southern Hills Bridge and Roadway St. George UT 5,000,000 1355 Young Street Bridge and Connector Road Project Morgan City UT 1,547,401 1356 Arlington Ridge Road Bridge Arlington/Al- exandria VA 9,000,000 1357 Berkley Avenue Bridge Norfolk VA 5,000,000 1358 Chesapeake All- Electric Mo- bile Command Vehicle Dem- onstration Project Chesapeake VA 1,600,000 1359 Coalfields Ex- pressway— RTE 121 West Virginia State Line to Grundy, VA Grundy VA 4,097,500 1360 Commerce Road Improvements Project Richmond VA 1,600,000 1361 Craney Island Access Road Portsmouth VA 3,111,500 1362 Electric Emer- gency Re- sponse Vehicles Chesapeake VA 1,600,000 1363 Fall Line Trail – Downtown Core Enhance- ments Richmond VA 1,500,000 1364 HRT Bus Re- placement Virginia Beach VA 2,377,000 1365 I–64 at Oilville Road (Rte. 617) Inter- change Goochland County VA 3,436,000 1366 I–66 Transpor- tation Alter- natives Fairfax VA 4,000,000 1367 I–81 Northbound Truck Climb- ing Lane— Mile Marker 39.5 Marion VA 11,160,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00162 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 163 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 1368 Intersection Safety Im- provements at the Intersec- tion of Route 15 and Route 250 Troy VA 5,082,700 1369 Intersection Safety Im- provements at the Intersec- tion of Route 22 and Route 780 Louisa VA 2,050,000 1370 Interstate 95 and Willis Road Inter- change Im- provements Project Chesterfield VA 3,200,000 1371 Jahnke Road: Blakemore Road to Forest Hill Avenue Richmond VA 1,600,000 1372 Long Bridge Arlington VA 4,000,000 1373 Mathis Corridor Revitalization Project Manassas VA 7,000,000 1374 Multimodal Transpor- tation Infra- structure Im- provements Falls Church VA 2,000,000 1375 Nimmo Parkway Phase VII-B Virginia Beach VA 5,000,000 1376 Old Bridge Road at Gordon Boulevard Interchange/ Intersection Improvements Woodbridge VA 4,000,000 1377 Parallel Chesa- peake Tunnel Project Northampton County VA 3,111,500 1378 Peninsula Tran- sit Signal Pri- ority Improve- ments Newport News and Hampton VA 9,702,071 1379 Red Lane Road/ Rt. 60 Contin- uous Green T Powhatan VA 3,145,663 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00163 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 164 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 1380 Richmond High- way Bus Rapid Transit Fairfax Coun- ty VA 5,000,000 1381 Roundabout at the intersec- tion of Middle Road (Rt. 646) and Jef- ferson Park Road (Rt. 630) Prince George County VA 3,540,806 1382 Route 31 Bicycle Accommoda- tions Project Surry VA 6,379,000 1383 Route 7/Route 690 Inter- change Purcellville VA 10,000,000 1384 Rt. 208 (Court- house Road) and Hood Drive Intersec- tion Improve- ment (UPC 110987) Fredericks- burg VA 1,151,000 1385 Silver Line Sup- port Trans- portation Al- ternatives Fairfax VA 10,500,000 1386 The Birthplace of America Trail Newport News VA 3,160,000 1387 Tidewater Drive Reconstruction Norfolk VA 6,400,000 1388 Transit En- hancement and Expan- sion Chesterfield VA 4,688,800 1389 St. Croix/St. Thomas Ferry Christiansted VI 15,000,000 1390 Barre City- Barre Town VT Route 14 / Quarry Street and Quarry Hill Road Intersection Reconstruction Barre VT 4,750,000 1391 Essex Junction Crescent Con- nector Essex VT 5,400,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00164 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 165 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 1392 Railyard Enter- prise Project (Design & Permitting Phase) Burlington VT 2,250,000 1393 Town of Hart- ford (Quechee) U.S 4 Bridge Rehabilitation Hartford VT 7,600,000 1394 Bigelow Gulch and Sullivan Road Corridor Spokane Val- ley WA 2,650,000 1395 City of Waitsburg Highway 12 Preston Bridge Re- placement Waitsburg WA 350,000 1396 Columbia Heights Road Reconstruction Longview WA 5,500,000 1397 Ferry County Kettle River Road Reha- bilitation Curlew WA 1,797,000 1398 I–5/SR 503 Interchange Area Improve- ments Woodland WA 11,760,000 1399 Industrial Rail Corridor Ex- pansion (IRCE) Longview WA 2,740,000 1400 Palouse River Bridge Re- placement Colfax WA 6,000,000 1401 Spokane Airport Spotted Road Project Spokane WA 6,749,000 1402 SR 410/Rock Creek Vic— Chronic Envi- ronmental De- ficiency Naches WA 3,562,000 1403 SW Mojonnier Road Recon- struction College Place WA 2,453,574 1404 US 12 Naches Vic to Yakima Vic—Intersec- tion Safety Improvements Naches WA 1,452,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00165 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 166 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 1405 US 97/Jones Rd—Intersec- tion Improve- ments Wapato WA 4,464,000 1406 US Highway 12 Phase 8 Final Design and Right of Way Acquisition Touchet WA 5,965,931 1407 Yakima County, East-West Corridor Phase II Project. Yakima WA 4,000,000 1408 169th Street Connecting Segment Arlington WA 3,900,000 1409 20th Street NE / Main Street Improvements Lake Stevens WA 2,000,000 1410 42nd Ave S Bridge Re- placement Project Tukwila WA 1,270,000 1411 Aberdeen US 12 Highway-Rail Separation Project Aberdeen WA 2,080,000 1412 Access and Cir- culation Roads for the Darrington Wood Innova- tion Center Town of Darrington WA 1,291,869 1413 Bellevue Transit Center Safety and Connectivity Project Bellevue WA 1,000,000 1414 City of Carna- tion Larson / 40th Street Bypass Project Carnation WA 2,400,000 1415 City of Kenmore Fish Passable Culvert Re- placements Kenmore WA 1,224,000 1416 College Street Corridor Im- provements Phase III Lacey WA 6,000,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00166 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 167 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 1417 Columbia River Pedestrian Bridge Exten- sion, Apple Capital Loop Trail Wenatchee WA 8,600,000 1418 E. 64th Street Phase II Tacoma WA 5,600,000 1419 East Marginal Way Corridor Improvements – Phase 1 Seattle WA 2,340,000 1420 Eastrail Wilburton Critical Cross- ing Bellevue WA 1,680,000 1421 Georgetown to South Park Connection Seattle WA 1,800,000 1422 Gorst Area Re- siliency and Redundancy Alternatives Study Bremerton WA 8,000,000 1423 Guemes Island Ferry Re- placement Project Anacortes WA 8,000,000 1424 I–5/Lake Wash- ington Ship Canal Bridge Seattle WA 5,000,000 1425 Lea Hill Cor- ridor 112th Ave SE & 105th Pl SE Intersection Improvements Aubrun WA 4,446,200 1426 Links to Oppor- tunity Streetscape Project Tacoma WA 2,000,000 1427 Lyon Creek Cul- vert Replace- ment Project Lake Forest Park WA 3,100,000 1428 Meeker Complete Street/Safe Routes to School Project Kent WA 2,500,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00167 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 168 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 1429 MLK Jr. Way S Safety and Accessibility Improvements Project Seattle WA 750,000 1430 NE 124th St / 124th Ave NE Pedestrian Bridge (Totem Lake Non-Mo- torized Bridge) Kirkland WA 2,000,000 1431 Orting HWY 162 Pedestrian Bridge Oting WA 6,000,000 1432 Puyallup Avenue Transit/Com- plete Street Improvements Tacoma WA 2,000,000 1433 Rainier Avenue South Cor- ridor Improve- ments—Phase 4A Renton WA 2,000,000 1434 Redmond Cen- tral Connector Phase III Redmond WA 3,000,000 1435 Roundabout on US–2 and Main Street Sultan WA 900,000 1436 Safe Routes to School Im- provements: Whitman Ele- mentary and Edison Ele- mentary Schools Tacoma WA 1,000,000 1437 Sheffield Trail Improvement Project Fife WA 2,750,000 1438 South Campus Interim Base Electrification Tukwila WA 3,000,000 1439 South Tacoma Way, 88th Street S to 80th Street Court SW. Lakewood WA 2,400,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00168 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 169 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 1440 South Whidbey— Clinton Area Transpor- tation Infra- structure Im- provements Clinton WA 1,500,000 1441 SR 99/NB Duwamish River Bridge—Grid Deck Replace- ment Seattle WA 2,000,000 1442 SR522 Corridor Improvement Maltby WA 4,000,000 1443 Town to Zylstra Lake Multi- Modal Trail Friday Har- bor WA 5,280,000 1444 Tukwila Inter- national Bou- levard Bus Rapid Transit Station Tukwila WA 2,000,000 1445 US 12/Heron St Bridge Tier 1—Bridge Re- habilitation Aberdeen WA 2,038,166 1446 US–2 WB Tres- tle Lake Stevens, Everett WA 1,680,000 840,000 840,000 1447 Washington State Ferries Seattle Ferry Terminal Shoreside Electrification Seattle WA 4,200,000 1448 West Seattle and Ballard Link Extensions (WSBLE) Seattle WA 5,360,000 1449 X Street Round- about Tumwater WA 3,250,000 1450 Atwood Ave. (Fair Oaks Ave. to Cot- tage Grove Rd.) Madison WI 6,275,000 1451 BeerLine Bike and Pedes- trian Trail Milwaukee WI 1,200,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00169 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 170 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 1452 CTH CC from Ash Street to CTH D Oregon WI 2,000,000 1453 CTH CV from Government Road to USH 51 Madison WI 2,000,000 1454 CTH M/Century Avenue Bridge (B–13–0046) over Pheasant Branch Re- placement In- cluding Ap- proaches and Branch Street Intersection Middleton WI 2,000,000 1455 CTH P from CTH PD to CTH S Klevenville WI 2,000,000 1456 I–94 Screening Wall at Woods National Cem- etery Milwaukee WI 2,000,000 1457 Milwaukee Coun- try Transit Bus Purchase Wauwatosa WI 4,000,000 1458 Milwaukee Coun- ty Transit Se- curity Initia- tive Wauwatosa WI 2,000,000 1459 Reconstruction of Silver Spring Drive Glendale WI 4,500,000 1460 Reedsburg – Baraboo, Pres- ton Avenue to STH 23 Const./Mill & Overlay, State 3R Reedsburg WI 125,000 1461 Reedsburg – Wisconsin Dells STH 136 Intersec- tion Const./ Intersection Improvement/ RAB Safety Reedsburg WI 1,600,000 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00170 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 171 •HR 3684 RH No. Project Name City State/Ter- ritory Amount 1462 South Kinnickinnic Avenue Resur- facing Project St. Francis WI 700,000 1463 US 14 (Wis- consin River to Oak Street) between Spring Green & Madison Arena WI 2,000,000 1464 Vliet Street Re- surfacing Project Milwaukee WI 4,200,000 1465 Hal Greer Boule- vard Corridor Upgrade Huntington WV 6,400,000 1466 Michael Angiulli Memorial Bridge North View WV 2,080,000 1467 New Cum- berland—WV 2 New Cum- berland WV 3,200,000 1468 Princeton Over- head Bridge Princeton WV 3,600,000 1469 Rock Creek Interchange— New Access Road Rock Creek WV 10,000,000 1470 Route 93 Scherr Overpass Scherr WV 3,120,000 1471 Van Voorhis Road Morgantown WV 6,800,000 1472 WVU PRT Pas- senger Sta- tions Rehabili- tation Project Morgantown WV 4,800,000 1473 Excelsior Springs Safe Streets and Sidewalks Excelsior Springs MO 9,444,706 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00171 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 172 •HR 3684 RH DIVISION B—SURFACE 1 TRANSPORTATION 2 SEC. 1001. APPLICABILITY OF DIVISION. 3 (a) APPLICABILITY.—This division, including the 4 amendments made by this division, applies beginning on 5 October 1, 2022. 6 (b) REFERENCE TO DATE OF ENACTMENT.—In this di- 7 vision and the amendments made by this division, any ref- 8 erence to— 9 (1) the date of enactment of this Act; 10 (2) the date of enactment of a provision of this 11 division; 12 (3) the date of enactment of a provision added 13 to law by an amendment made by this division; or 14 (4) the date of enactment of the INVEST in 15 America Act added to law by an amendment made by 16 this division, 17 shall be treated as a reference to October 1, 2022. 18 (c) EXCEPTION FOR IMMEDIATE APPLICATION.—Sub- 19 sections (a) and (b) shall not apply to the following sections 20 and any amendments made by such sections: 21 (1) Section 1105. 22 (2) Section 1107. 23 (3) Section 1305. 24 (4) Subsections (c)(1) and (d) of section 2104. 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00172 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 173 •HR 3684 RH (5) Section 2106. 1 (6) Section 2112. 2 (7) Section 2204(1)(A). 3 (8) Section 2305. 4 (9) Section 2307. 5 (10) Section 2902(2). 6 TITLE I—FEDERAL-AID 7 HIGHWAYS 8 Subtitle A—Authorizations and 9 Program Conditions 10 SEC. 1101. AUTHORIZATION OF APPROPRIATIONS. 11 (a) IN GENERAL.—The following amounts are author- 12 ized to be appropriated out of the Highway Trust Fund 13 (other than the Mass Transit Account): 14 (1) FEDERAL-AID HIGHWAY PROGRAM.—For the 15 national highway performance program under section 16 119 of title 23, United States Code, the pre-disaster 17 mitigation program under section 124 of such title, 18 the railway crossings program under section 130 of 19 such title, the surface transportation program under 20 section 133 of such title, the highway safety improve- 21 ment program under section 148 of such title, the con- 22 gestion mitigation and air quality improvement pro- 23 gram under section 149 of such title, the clean cor- 24 ridors program under section 151 of such title, the 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00173 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 174 •HR 3684 RH national highway freight program under section 167 1 of such title, the carbon pollution reduction program 2 under section 171 of such title, and metropolitan 3 planning under section 134 of such title— 4 (A) $56,522,048,429 for fiscal year 2023; 5 (B) $57,480,646,776 for fiscal year 2024; 6 (C) $58,595,359,712 for fiscal year 2025; 7 and 8 (D) $59,618,666,186 for fiscal year 2026. 9 (2) TRANSPORTATION INFRASTRUCTURE FINANCE 10 AND INNOVATION PROGRAM.—For credit assistance 11 under the transportation infrastructure finance and 12 innovation program under chapter 6 of title 23, 13 United States Code, $250,000,000 for each of fiscal 14 years 2023 through 2026. 15 (3) CONSTRUCTION OF FERRY BOATS AND FERRY 16 TERMINAL FACILITIES.—For construction of ferry 17 boats and ferry terminal facilities under section 147 18 of title 23, United States Code, $120,000,000 for each 19 of fiscal years 2023 through 2026. 20 (4) FEDERAL LANDS AND TRIBAL TRANSPOR- 21 TATION PROGRAMS.— 22 (A) TRIBAL TRANSPORTATION PROGRAM.— 23 For the tribal transportation program under sec- 24 tion 202 of title 23, United States Code, 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00174 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 175 •HR 3684 RH $800,000,000 for each of fiscal years 2023 1 through 2026. 2 (B) FEDERAL LANDS TRANSPORTATION PRO- 3 GRAM.— 4 (i) IN GENERAL.—For the Federal 5 lands transportation program under section 6 203 of title 23, United States Code, 7 $555,000,000 for each of fiscal years 2023 8 through 2026. 9 (ii) ALLOCATION.—Of the amount 10 made available for a fiscal year under 11 clause (i)— 12 (I) the amount for the National 13 Park Service is $400,000,000 for each 14 of fiscal years 2023 through 2026; 15 (II) the amount for the United 16 States Fish and Wildlife Service is 17 $50,000,000 for each of fiscal years 18 2023 through 2026; 19 (III) the amount for the United 20 States Forest Service is $50,000,000 21 for each of fiscal years 2023 through 22 2026; 23 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00175 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 176 •HR 3684 RH (IV) the amount for the Corps of 1 Engineers is $16,000,000 for each of 2 fiscal years 2023 through 2026; 3 (V) the amount for the Bureau of 4 Land Management is $16,000,000 for 5 each of fiscal years 2023 through 2026; 6 (VI) the amount for the Bureau of 7 Reclamation is $16,000,000 for each of 8 fiscal years 2023 through 2026; and 9 (VII) the amount for independent 10 Federal agencies with natural resource 11 and land management responsibilities 12 is $7,000,000 for each of fiscal years 13 2023 through 2026. 14 (C) FEDERAL LANDS ACCESS PROGRAM.— 15 For the Federal lands access program under sec- 16 tion 204 of title 23, United States Code, 17 $345,000,000 for each of fiscal years 2023 18 through 2026. 19 (D) FEDERAL LANDS AND TRIBAL MAJOR 20 PROJECTS GRANTS.—To carry out section 208 of 21 title 23, United States Code, $400,000,000 for 22 each of fiscal years 2023 through 2026. 23 (5) TERRITORIAL AND PUERTO RICO HIGHWAY 24 PROGRAM.—For the territorial and Puerto Rico high- 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00176 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 177 •HR 3684 RH way program under section 165 of title 23, United 1 States Code, the amounts specified in paragraphs (1) 2 and (2) of section 165(a) for each of fiscal years 2023 3 through 2026. 4 (6) PROJECTS OF NATIONAL AND REGIONAL SIG- 5 NIFICANCE.—For projects of national and regional 6 significance under section 117 of title 23, United 7 States Code, $3,000,000,000 for each of fiscal years 8 2023 through 2026. 9 (7) COMMUNITY TRANSPORTATION INVESTMENT 10 GRANTS.—To carry out section 173 of title 23, United 11 States Code, $600,000,000 for each of fiscal years 12 2023 through 2026. 13 (8) COMMUNITY CLIMATE INNOVATION GRANTS.— 14 To carry out section 172 of title 23, United States 15 Code, $250,000,000 for each of fiscal years 2023 16 through 2026. 17 (9) NATIONAL SCENIC BYWAYS PROGRAM.—To 18 carry out section 162 of title 23, United States Code, 19 $16,000,000 for each of fiscal year 2023 through 2026. 20 (10) REBUILD RURAL BRIDGES PROGRAM.— To 21 carry out section 1307 of this Act, $250,000,000 for 22 each of fiscal years 2023 through 2026. 23 (11) PARKING FOR COMMERCIAL MOTOR VEHI- 24 CLES.—To carry out section 1308 of this Act, 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00177 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 178 •HR 3684 RH $250,000,000 for each of fiscal years 2023 through 1 2026. 2 (12) ACTIVE CONNECTED TRANSPORTATION 3 GRANT PROGRAM.—To carry out section 1309 of this 4 Act, $250,000,000 for each of fiscal years 2023 5 through 2026. 6 (13) WILDLIFE CROSSINGS PROGRAM.—To carry 7 out section 1310 of this Act, $100,000,000 for each of 8 fiscal years 2023 through 2026. 9 (14) RECONNECTING NEIGHBORHOODS PRO- 10 GRAM.—To carry out section 1311 of this Act, 11 $750,000,000 for each of fiscal years 2023 through 12 2026. 13 (15) METRO PERFORMANCE PROGRAM.—To 14 carry out section 1305 of this Act, $250,000,000 for 15 each of fiscal years 2023 through 2026. 16 (16) GRIDLOCK REDUCTION GRANT PROGRAM.— 17 To carry out section 1306 of this Act, $500,000,000 18 for fiscal year 2023. 19 (b) TREATMENT OF FUNDS.—Amounts made available 20 under paragraphs (10) through (14) of subsection (a) shall 21 be administered as if apportioned under chapter 1 of title 22 23, United States Code. 23 (c) DISADVANTAGED BUSINESS ENTERPRISES.— 24 (1) FINDINGS.—Congress finds that— 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00178 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 179 •HR 3684 RH (A) despite the real improvements caused by 1 the disadvantaged business enterprise program, 2 minority- and women-owned businesses across 3 the country continue to confront serious and sig- 4 nificant obstacles to success caused by race and 5 gender discrimination in the federally assisted 6 surface transportation market and related mar- 7 kets across the United States; 8 (B) the continuing race and gender dis- 9 crimination described in subparagraph (A) mer- 10 its the continuation of the disadvantaged busi- 11 ness enterprise program; 12 (C) recently, the disparities cause by dis- 13 crimination against African American, His- 14 panic American, Asian American, Native Amer- 15 ican, and women business owners have been fur- 16 ther exacerbated by the coronavirus pandemic 17 and its disproportionate effects on minority- and 18 women-owned businesses across the nation; 19 (D) Congress has received and reviewed tes- 20 timony and documentation of race and gender 21 discrimination from numerous sources, including 22 congressional hearings and other investigative 23 activities, scientific reports, reports issued by 24 public and private agencies at every level of gov- 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00179 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 180 •HR 3684 RH ernment, news reports, academic publications, 1 reports of discrimination by organizations and 2 individuals, and discrimination lawsuits, which 3 continue to demonstrate that race- and gender- 4 neutral efforts alone are insufficient to address 5 the problem; 6 (E) the testimony and documentation de- 7 scribed in subparagraph (D) demonstrate that 8 discrimination across the United States poses an 9 injurious and enduring barrier to full and fair 10 participation in surface transportation-related 11 businesses of women business owners and minor- 12 ity business owners and has negatively affected 13 firm formation, development and success in 14 many aspects of surface transportation-related 15 business in the public and private markets; and 16 (F) the testimony and documentation de- 17 scribed in subparagraph (D) provide a clear pic- 18 ture of the inequality caused by discrimination 19 that continues to plague our nation and a strong 20 basis that there is a compelling need for the con- 21 tinuation of the disadvantaged business enter- 22 prise program to address race and gender dis- 23 crimination in surface transportation-related 24 business. 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00180 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 181 •HR 3684 RH (2) DEFINITIONS.—In this subsection, the fol- 1 lowing definitions apply: 2 (A) SMALL BUSINESS CONCERN.—The term 3 ‘‘small business concern’’ means a small business 4 concern (as the term is used in section 3 of the 5 Small Business Act (15 U.S.C. 632)). 6 (B) SOCIALLY AND ECONOMICALLY DIS- 7 ADVANTAGED INDIVIDUALS.—The term ‘‘socially 8 and economically disadvantaged individuals’’ 9 has the meaning given the term in section 8(d) 10 of the Small Business Act (15 U.S.C. 637(d)) 11 and relevant subcontracting regulations issued 12 pursuant to that Act, except that women shall be 13 presumed to be socially and economically dis- 14 advantaged individuals for purposes of this sub- 15 section. 16 (3) AMOUNTS FOR SMALL BUSINESS CON- 17 CERNS.—Except to the extent that the Secretary of 18 Transportation determines otherwise, not less than 10 19 percent of the amounts made available for any pro- 20 gram under titles I, II, V, and VII of this division 21 and section 403 of title 23, United States Code, shall 22 be expended through small business concerns owned 23 and controlled by socially and economically disadvan- 24 taged individuals. 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00181 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 182 •HR 3684 RH (4) ANNUAL LISTING OF DISADVANTAGED BUSI- 1 NESS ENTERPRISES.—Each State shall annually— 2 (A) survey and compile a list of the small 3 business concerns referred to in paragraph (3) in 4 the State, including the location of the small 5 business concerns in the State; and 6 (B) notify the Secretary, in writing, of the 7 percentage of the small business concerns that 8 are controlled by— 9 (i) women; 10 (ii) socially and economically dis- 11 advantaged individuals (other than 12 women); and 13 (iii) individuals who are women and 14 are otherwise socially and economically dis- 15 advantaged individuals. 16 (5) UNIFORM CERTIFICATION.— 17 (A) IN GENERAL.—The Secretary of Trans- 18 portation shall establish minimum uniform cri- 19 teria for use by State governments in certifying 20 whether a concern qualifies as a small business 21 concern for the purpose of this subsection. 22 (B) INCLUSIONS.—The minimum uniform 23 criteria established under subparagraph (A) shall 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00182 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 183 •HR 3684 RH include, with respect to a potential small busi- 1 ness concern— 2 (i) on-site visits; 3 (ii) personal interviews with personnel; 4 (iii) issuance or inspection of licenses; 5 (iv) analyses of stock ownership; 6 (v) listings of equipment; 7 (vi) analyses of bonding capacity; 8 (vii) listings of work completed; 9 (viii) examination of the resumes of 10 principal owners; 11 (ix) analyses of financial capacity; 12 and 13 (x) analyses of the type of work pre- 14 ferred. 15 (6) REPORTING.—The Secretary of Transpor- 16 tation shall establish minimum requirements for use 17 by State governments in reporting to the Secretary— 18 (A) information concerning disadvantaged 19 business enterprise awards, commitments, and 20 achievements; and 21 (B) such other information as the Secretary 22 determines to be appropriate for the proper mon- 23 itoring of the disadvantaged business enterprise 24 program. 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00183 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 184 •HR 3684 RH (7) COMPLIANCE WITH COURT ORDERS.—Noth- 1 ing in this subsection limits the eligibility of an indi- 2 vidual or entity to receive funds made available 3 under titles I, II, V, and VII of this division and sec- 4 tion 403 of title 23, United States Code, if the entity 5 or person is prevented, in whole or in part, from com- 6 plying with paragraph (3) because a Federal court 7 issues a final order in which the court finds that a 8 requirement or the implementation of paragraph (3) 9 is unconstitutional. 10 (8) SENSE OF CONGRESS ON PROMPT PAYMENT 11 OF DBE SUBCONTRACTORS.—It is the sense of Con- 12 gress that— 13 (A) the Secretary of Transportation should 14 take additional steps to ensure that recipients 15 comply with section 26.29 of title 49, Code of 16 Federal Regulations (the disadvantaged business 17 enterprises prompt payment rule), or any cor- 18 responding regulation, in awarding federally 19 funded transportation contracts under laws and 20 regulations administered by the Secretary; and 21 (B) such additional steps should include in- 22 creasing the Department of Transportation’s 23 ability to track and keep records of complaints 24 and to make that information publicly available. 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00184 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 185 •HR 3684 RH (9) SENSE OF CONGRESS ON FULFILLING CER- 1 TAIN CONTRACTS.—It is the sense of Congress that 2 contractors participating in a federally funded trans- 3 portation contract with a small business concern 4 owned and controlled by socially and economically 5 disadvantaged individuals should ensure that the per- 6 centage of a contract promised to such small business 7 concern is fulfilled, unless prior approval is obtained 8 consistent with the regulations under part 26 of title 9 49, Code of Federal Regulations. 10 (d) LIMITATION ON FINANCIAL ASSISTANCE FOR 11 STATE-OWNED ENTERPRISES.— 12 (1) IN GENERAL.—Funds provided under this 13 section may not be used in awarding or exercising an 14 option on a previously awarded contract, a contract, 15 subcontract, grant, or loan to an entity that is owned 16 or controlled by, is a subsidiary of, or is otherwise re- 17 lated legally or financially to a corporation based in 18 a country that— 19 (A) is identified as a nonmarket economy 20 country (as defined in section 771(18) of the 21 Tariff Act of 1930 (19 U.S.C. 1677(18))) as of 22 the date of enactment of this Act; 23 (B) was identified by the United States 24 Trade Representative in the most recent report 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00185 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 186 •HR 3684 RH required by section 182 of the Trade Act of 1974 1 (19 U.S.C. 2242) as a priority foreign country 2 under subsection (a)(2) of that section; and 3 (C) is subject to monitoring by the Trade 4 Representative under section 306 of the Trade 5 Act of 1974 (19 U.S.C. 2416). 6 (2) EXCEPTION.—For purposes of paragraph (1), 7 the term ‘‘otherwise related legally or financially’’ 8 does not include a minority relationship or invest- 9 ment. 10 (3) INTERNATIONAL AGREEMENTS.—This sub- 11 section shall be applied in a manner consistent with 12 the obligations of the United States under inter- 13 national agreements. 14 SEC. 1102. OBLIGATION LIMITATION. 15 (a) GENERAL LIMITATION.—Subject to subsection (e), 16 and notwithstanding any other provision of law, the obliga- 17 tions for Federal-aid highway and highway safety construc- 18 tion programs shall not exceed— 19 (1) $66,097,092,526 for fiscal year 2023; 20 (2) $66,570,608,070 for fiscal year 2024; 21 (3) $67,701,550,431 for fiscal year 2025; and 22 (4) $68,741,903,518 for fiscal year 2026. 23 (b) EXCEPTIONS.—The limitations under subsection 24 (a) shall not apply to obligations under or for— 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00186 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 187 •HR 3684 RH (1) section 125 of title 23, United States Code; 1 (2) section 147 of the Surface Transportation As- 2 sistance Act of 1978 (23 U.S.C. 144 note; 92 Stat. 3 2714); 4 (3) section 9 of the Federal-Aid Highway Act of 5 1981 (95 Stat. 1701); 6 (4) subsections (b) and (j) of section 131 of the 7 Surface Transportation Assistance Act of 1982 (96 8 Stat. 2119); 9 (5) subsections (b) and (c) of section 149 of the 10 Surface Transportation and Uniform Relocation As- 11 sistance Act of 1987 (101 Stat. 198); 12 (6) sections 1103 through 1108 of the Intermodal 13 Surface Transportation Efficiency Act of 1991 (Pub- 14 lic Law 102–240); 15 (7) section 157 of title 23, United States Code 16 (as in effect on June 8, 1998); 17 (8) section 105 of title 23, United States Code 18 (as in effect for fiscal years 1998 through 2004, but 19 only in an amount equal to $639,000,000 for each of 20 those fiscal years); 21 (9) Federal-aid highway programs for which ob- 22 ligation authority was made available under the 23 Transportation Equity Act for the 21st Century (112 24 Stat. 107) or subsequent Acts for multiple years or to 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00187 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 188 •HR 3684 RH remain available until expended, but only to the ex- 1 tent that the obligation authority has not lapsed or 2 been used; 3 (10) section 105 of title 23, United States Code 4 (as in effect for fiscal years 2005 through 2012, but 5 only in an amount equal to $639,000,000 for each of 6 those fiscal years); 7 (11) section 1603 of SAFETEA–LU (23 U.S.C. 8 118 note; 119 Stat. 1248), to the extent that funds ob- 9 ligated in accordance with that section were not sub- 10 ject to a limitation on obligations at the time at 11 which the funds were initially made available for ob- 12 ligation; 13 (12) section 119 of title 23, United States Code 14 (as in effect for fiscal years 2013 through 2015, but 15 only in an amount equal to $639,000,000 for each of 16 those fiscal years); 17 (13) section 119 of title 23, United States Code 18 (but, for fiscal years 2016 through 2022, only in an 19 amount equal to $639,000,000 for each of those fiscal 20 years); 21 (14) section 203 of title 23, United States Code 22 (but, for fiscal years 2023 through 2026, only in an 23 amount equal to $550,000,000 for each of those fiscal 24 years); and 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00188 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 189 •HR 3684 RH (15) section 133(d)(1)(B) of title 23, United 1 States Code (but, for fiscal years 2023 through 2026, 2 only in an amount equal to $89,000,000 for each of 3 those fiscal years). 4 (c) DISTRIBUTION OF OBLIGATION AUTHORITY.—Sub- 5 ject to paragraph (1)(B), for each of fiscal years 2023 6 through 2026, the Secretary of Transportation— 7 (1)(A) shall not distribute obligation authority 8 provided by subsection (a) for the fiscal year for— 9 (i) amounts authorized for administrative 10 expenses and programs by section 104(a) of title 11 23, United States Code; 12 (ii) amounts authorized for the Bureau of 13 Transportation Statistics; 14 (iii) amounts authorized for the tribal 15 transportation program under section 202 of 16 title 23, United States Code; and 17 (iv) amounts authorized for the territorial 18 and Puerto Rico highway program under section 19 165(a) of title 23, United States Code; and 20 (B) for each of fiscal years 2023 through 2026, 21 in addition to the amounts described in subparagraph 22 (A), shall not distribute obligation authority provided 23 by subsection (a) for the fiscal year for amounts au- 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00189 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 190 •HR 3684 RH thorized for the metro performance program under 1 section 1305 of this Act; 2 (2) shall not distribute an amount of obligation 3 authority provided by subsection (a) that is equal to 4 the unobligated balance of amounts— 5 (A) made available from the Highway Trust 6 Fund (other than the Mass Transit Account) for 7 Federal-aid highway and highway safety con- 8 struction programs for previous fiscal years, the 9 funds for which are allocated by the Secretary 10 (or apportioned by the Secretary under section 11 202 or 204 of title 23, United States Code); and 12 (B) for which obligation authority was pro- 13 vided in a previous fiscal year; 14 (3) shall determine the proportion that— 15 (A) the obligation authority provided by 16 subsection (a) for the fiscal year, less the aggre- 17 gate of amounts not distributed under para- 18 graphs (1) and (2) of this subsection; bears to 19 (B) the total of— 20 (i) the sums authorized to be appro- 21 priated for the Federal-aid highway and 22 highway safety construction programs, other 23 than sums authorized to be appropriated 24 for— 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00190 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 191 •HR 3684 RH (I) provisions of law described in 1 paragraphs (1) through (13) of sub- 2 section (b); 3 (II) section 203 of title 23, United 4 States Code, equal to the amount re- 5 ferred to in subsection (b)(14) for the 6 fiscal year; and 7 (III) section 133(d)(1)(B) of title 8 23, United States Code, equal to the 9 amount referred to in subsection 10 (b)(15) for the fiscal year; less 11 (ii) the aggregate of the amounts not 12 distributed under paragraphs (1) and (2) of 13 this subsection; 14 (4) shall distribute the obligation authority pro- 15 vided by subsection (a), less the aggregate amounts 16 not distributed under paragraphs (1) and (2), for 17 each of the programs (other than programs to which 18 paragraph (1) applies) that are allocated by the Sec- 19 retary under this Act and title 23, United States 20 Code, or apportioned by the Secretary under section 21 202 or 204 of such title, by multiplying— 22 (A) the proportion determined under para- 23 graph (3); by 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00191 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 192 •HR 3684 RH (B) the amounts authorized to be appro- 1 priated for each such program for the fiscal year; 2 and 3 (5) shall distribute the obligation authority pro- 4 vided by subsection (a), less the aggregate amounts 5 not distributed under paragraphs (1) and (2) and the 6 amounts distributed under paragraph (4), for Fed- 7 eral-aid highway and highway safety construction 8 programs that are apportioned by the Secretary 9 under title 23, United States Code (other than the 10 amounts apportioned for the surface transportation 11 program in section 133(d)(1)(B) of title 23, United 12 States Code, that are exempt from the limitation 13 under subsection (b)(15) and the amounts appor- 14 tioned under sections 202 and 204 of such title) in the 15 proportion that— 16 (A) amounts authorized to be appropriated 17 for the programs that are apportioned under title 18 23, United States Code, to each State for the fis- 19 cal year; bears to 20 (B) the total of the amounts authorized to 21 be appropriated for the programs that are ap- 22 portioned under title 23, United States Code, to 23 all States for the fiscal year. 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00192 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 193 •HR 3684 RH (d) REDISTRIBUTION OF UNUSED OBLIGATION AU- 1 THORITY.—Notwithstanding subsection (c), the Secretary of 2 Transportation shall, after August 1 of each of fiscal years 3 2023 through 2026— 4 (1) revise a distribution of the obligation author- 5 ity made available under subsection (c) if an amount 6 distributed cannot be obligated during that fiscal 7 year; and 8 (2) redistribute sufficient amounts to those States 9 able to obligate amounts in addition to those pre- 10 viously distributed during that fiscal year, giving pri- 11 ority to those States having large unobligated bal- 12 ances of funds apportioned under section 104 of title 13 23, United States Code. 14 (e) SPECIAL LIMITATION.— 15 (1) IN GENERAL.—Except as provided in para- 16 graph (2), obligation limitations imposed by sub- 17 section (a) shall apply to contract authority for— 18 (A) transportation research programs car- 19 ried out under chapter 5 of title 23, United 20 States Code, and title V of this Act; and 21 (B) the metro performance program under 22 section 1305 of this Act. 23 (2) EXCEPTION.—Obligation authority made 24 available under paragraph (1) shall— 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00193 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 194 •HR 3684 RH (A) remain available for a period of 4 fiscal 1 years; and 2 (B) be in addition to the amount of any 3 limitation imposed on obligations for Federal- 4 aid highway and highway safety construction 5 programs for future fiscal years. 6 (f) LOP-OFF.— 7 (1) IN GENERAL.—Not later than 30 days after 8 the date of distribution of obligation authority under 9 subsection (c) for each of fiscal years 2023 through 10 2026, the Secretary of Transportation shall distribute 11 to the States any funds that— 12 (A) are authorized to be appropriated for 13 the fiscal year for Federal-aid highway pro- 14 grams; and 15 (B) the Secretary determines will not be al- 16 located to the States (or will not be apportioned 17 to the States under section 204 of title 23, 18 United States Code), and will not be available 19 for obligation, for the fiscal year because of the 20 imposition of any obligation limitation for the 21 fiscal year. 22 (2) RATIO.—Funds shall be distributed under 23 paragraph (1) in the same proportion as the distribu- 24 tion of obligation authority under subsection (c)(5). 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00194 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 195 •HR 3684 RH (3) AVAILABILITY.—Funds distributed to each 1 State under paragraph (1) shall be available for any 2 purpose described in section 133(b) of title 23, United 3 States Code. 4 SEC. 1103. DEFINITIONS AND DECLARATION OF POLICY. 5 Section 101 of title 23, United States Code, is amend- 6 ed— 7 (1) in subsection (a)— 8 (A) by redesignating paragraphs (1), (2), 9 (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), 10 (13), (14), (15), (16), (17), (18), (19), (20), (21), 11 (22), (23), (24), (25), (26), (27), (28), (29), (30), 12 (31), (32), (33), and (34) as paragraphs (2), (4), 13 (5), (7), (9), (11), (12), (13), (14), (15), (17), 14 (18), (19), (20), (21), (22), (24), (25), (26), (27), 15 (29), (30), (33), (34), (35), (36), (37), (38), (39), 16 (43), (44), (45), (46), and (47), respectively; 17 (B) by inserting before paragraph (2), as so 18 redesignated, the following: 19 ‘‘(1) ADAPTATION.—The term ‘adaptation’ 20 means an adjustment in natural or human systems 21 in anticipation of, or in response to, a changing envi- 22 ronment in a way that moderates negative effects of 23 extreme events or climate change.’’; 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00195 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 196 •HR 3684 RH (C) by inserting before paragraph (4), as so 1 redesignated, the following: 2 ‘‘(3) AREAS OF PERSISTENT POVERTY.—The 3 term ‘areas of persistent poverty’ means— 4 ‘‘(A) any county that has had 20 percent or 5 more of the population of such county living in 6 poverty over the past 30 years, as measured by 7 the 1990 and 2000 decennial censuses and the 8 most recent Small Area Income and Poverty Es- 9 timates; 10 ‘‘(B) any census tract with a poverty rate 11 of at least 20 percent, as measured by the most 12 recent 5-year data series available from the 13 American Community Survey of the Bureau of 14 the Census for all States and Puerto Rico; or 15 ‘‘(C) any other territory or possession of the 16 United States that has had 20 percent or more 17 of its population living in poverty over the past 18 30 years, as measured by the 1990, 2000, and 19 2010 decennial censuses, or equivalent data, of 20 the Bureau of the Census.’’. 21 (D) by inserting after paragraph (5), as so 22 redesignated, the following: 23 ‘‘(6) CLIMATE CHANGE.—The term ‘climate 24 change’ means any significant change in the measures 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00196 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 197 •HR 3684 RH of climate lasting for an extended period of time, and 1 may include major changes in temperature, precipita- 2 tion, wind patterns, or sea level, among others, that 3 occur over several decades or longer.’’; 4 (E) in paragraph (7)(A), as so redesig- 5 nated, by inserting ‘‘assessing resilience,’’ after 6 ‘‘surveying,’’; 7 (F) by inserting after paragraph (7), as so 8 redesignated, the following: 9 ‘‘(8) CONTEXT SENSITIVE DESIGN PRINCIPLES.— 10 The term ‘context sensitive design principles’ means 11 principles for the design of a public road that— 12 ‘‘(A) provides for the safe and adequate ac- 13 commodation, in all phases of project planning, 14 design, and development, transportation facili- 15 ties for users, including pedestrians, bicyclists, 16 public transportation users, children, older indi- 17 viduals, individuals with disabilities, motorists, 18 and freight vehicles; and 19 ‘‘(B) considers the context in which the fa- 20 cility is planned to be constructed to determine 21 the appropriate facility design.’’; 22 (G) by inserting after paragraph (9), as so 23 redesignated, the following: 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00197 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 198 •HR 3684 RH ‘‘(10) EVACUATION ROUTE.—The term ‘evacu- 1 ation route’ means a transportation route or system 2 that— 3 ‘‘(A) is used to transport— 4 ‘‘(i) the public away from an emer- 5 gency event; or 6 ‘‘(ii) first responders and recovery re- 7 sources in the event of an emergency; and 8 ‘‘(B) is identified, consistent with sections 9 134(i)(2)(I)(iii) and 135(f)(10)(C)(iii), by the el- 10 igible entity with jurisdiction over the area in 11 which the route is located for the purposes de- 12 scribed in subparagraph (A).’’; 13 (H) by inserting after paragraph (15), as so 14 redesignated, the following: 15 ‘‘(16) GREENHOUSE GAS.—The term ‘greenhouse 16 gas’ has the meaning given the term in section 17 211(o)(1)(G) of the Clean Air Act (42 U.S.C. 18 7545(o)(1)(G)).’’; 19 (I) by inserting after paragraph (21), as so 20 redesignated, the following: 21 ‘‘(23) NATURAL INFRASTRUCTURE.— 22 ‘‘(A) IN GENERAL.—The term ‘natural in- 23 frastructure’ means infrastructure that uses, re- 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00198 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 199 •HR 3684 RH stores, or emulates natural ecological processes 1 that— 2 ‘‘(i) is created through the action of 3 natural physical, geological, biological, and 4 chemical processes over time; 5 ‘‘(ii) is created by human design, engi- 6 neering, and construction to emulate or act 7 in concert with natural processes; or 8 ‘‘(iii) involves the use of plants, soils, 9 and other natural features, including 10 through the creation, restoration, or preser- 11 vation of vegetated areas using materials 12 appropriate to the region to manage 13 stormwater and runoff, to attenuate flood- 14 ing and storm surges, and for other related 15 purposes. 16 ‘‘(B) INCLUSION.—The term ‘natural infra- 17 structure’ includes green infrastructure and na- 18 ture-based solutions.’’; 19 (J) by inserting after paragraph (27), as so 20 redesignated, the following: 21 ‘‘(28) PROTECTIVE FEATURE.— 22 ‘‘(A) IN GENERAL.—The term ‘protective 23 feature’ means an improvement to a highway, 24 bridge, or other transportation facility designed 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00199 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 200 •HR 3684 RH to increase resilience or mitigate the risk of re- 1 curring damage or the cost of future repairs from 2 climate change effects (including sea level rise), 3 flooding, and extreme events or other natural 4 disasters (including wildfires, seismic activity, 5 and landslides). 6 ‘‘(B) INCLUSIONS.—The term ‘protective 7 feature’ includes— 8 ‘‘(i) raising roadway grades; 9 ‘‘(ii) relocating roadways to higher 10 ground above projected flood elevation levels 11 or away from slide prone areas; 12 ‘‘(iii) stabilizing slide areas; 13 ‘‘(iv) stabilizing slopes; 14 ‘‘(v) lengthening or raising bridges to 15 increase waterway openings; 16 ‘‘(vi) increasing the size or number of 17 drainage structures; 18 ‘‘(vii) replacing culverts with bridges 19 or upsizing culverts; 20 ‘‘(viii) installing seismic retrofits on 21 bridges; 22 ‘‘(ix) scour, stream stability, coastal, 23 and other hydraulic countermeasures; 24 ‘‘(x) the use of natural infrastructure; 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00200 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 201 •HR 3684 RH ‘‘(xi) integration of the use of tradi- 1 tional and natural infrastructure features; 2 ‘‘(xii) undergrounding public utilities 3 in the course of other infrastructure im- 4 provements eligible under this title; and 5 ‘‘(xiii) permeable pavements for 6 stormwater management.’’; 7 (K) by inserting after paragraph (30), as so 8 redesignated, the following: 9 ‘‘(31) REPEATEDLY DAMAGED FACILITY.—The 10 term ‘repeatedly damaged facility’ means a road, 11 highway, or bridge that has required repair and re- 12 construction activities on 2 or more occasions due to 13 natural disasters or catastrophic failures resulting in 14 emergencies declared by the Governor of the State in 15 which the road, highway, or bridge is located or emer- 16 gencies or major disasters declared by the President 17 under the Robert T. Stafford Disaster Relief and 18 Emergency Assistance Act (42 U.S.C. 5121 et seq.). 19 ‘‘(32) RESILIENCE.— 20 ‘‘(A) IN GENERAL.—The term ‘resilience’ 21 means, with respect to a facility, the ability to— 22 ‘‘(i) anticipate, prepare for, or adapt 23 to conditions; or 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00201 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 202 •HR 3684 RH ‘‘(ii) withstand, respond to, or recover 1 rapidly from disruptions. 2 ‘‘(B) INCLUSIONS.—Such term includes, 3 with respect to a facility, the ability to— 4 ‘‘(i) resist hazards or withstand im- 5 pacts from disruptions; 6 ‘‘(ii) reduce the magnitude, duration, 7 or impact of a disruption; or 8 ‘‘(iii) have the absorptive capacity, 9 adaptive capacity, and recoverability to de- 10 crease vulnerability to a disruption.’’; and 11 (L) by inserting after paragraph (36), as so 12 redesignated, the following: 13 ‘‘(40) TRANSPORTATION DEMAND MANAGEMENT; 14 TDM.—The terms ‘transportation demand manage- 15 ment’ and ‘TDM’ mean the use of strategies to inform 16 and encourage travelers to maximize the efficiency of 17 a transportation system leading to improved mobil- 18 ity, reduced congestion, and lower vehicle emissions. 19 ‘‘(41) TRANSPORTATION DEMAND MANAGEMENT 20 STRATEGIES.—The term ‘transportation demand 21 management strategies’ means the use of planning, 22 programs, policy, marketing, communications, incen- 23 tives, pricing, data, and technology to shift travel 24 mode, routes used, departure times, number of trips, 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00202 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 203 •HR 3684 RH and location and design work space or public attrac- 1 tions. 2 ‘‘(42) TRANSPORTATION SYSTEM ACCESS.—The 3 term ‘transportation system access’ means the ability 4 to travel by automobile, public transportation, pedes- 5 trian, and bicycle networks, measured by travel time, 6 taking into consideration— 7 ‘‘(A) the impacts of the level of travel stress 8 for non-motorized users; 9 ‘‘(B) costs for low-income travelers; and 10 ‘‘(C) the extent to which transportation ac- 11 cess is impacted by zoning policies and land use 12 planning practices that effect the affordability, 13 elasticity, and diversity of the housing supply.’’; 14 and 15 (2) in subsection (b)— 16 (A) in paragraph (1) by striking ‘‘Defense,’’ 17 and inserting ‘‘Defense Highways,’’; 18 (B) in paragraph (3)— 19 (i) in subparagraph (A) by striking 20 ‘‘Century’’ and inserting ‘‘century’’; 21 (ii) in subparagraph (G) by striking ‘‘; 22 and’’ and inserting a semicolon; 23 (iii) in subparagraph (H) by striking 24 ‘‘Century.’’ and inserting ‘‘century;’’; and 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00203 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 204 •HR 3684 RH (iv) by adding at the end the following: 1 ‘‘(I) safety is the highest priority of the De- 2 partment of Transportation, and the Secretary 3 and States should take all actions necessary to 4 meet the transportation needs of the 21st century 5 for all road users; 6 ‘‘(J) climate change presents a significant 7 risk to safety, the economy, and national secu- 8 rity, and reducing the contributions of the trans- 9 portation system to the Nation’s total carbon 10 pollution is critical; and 11 ‘‘(K) the Secretary and States should take 12 appropriate measures and ensure investments to 13 increase the resilience of the Nation’s transpor- 14 tation system.’’; and 15 (C) in paragraph (4)(A) by inserting 16 ‘‘while ensuring that environmental protections 17 are maintained’’ after ‘‘review process’’. 18 SEC. 1104. APPORTIONMENT. 19 (a) IN GENERAL.—Section 104 of title 23, United 20 States Code, is amended— 21 (1) in subsection (a)(1) by striking subpara- 22 graphs (A) through (E) and inserting the following: 23 ‘‘(A) $530,000,000 for fiscal year 2023; 24 ‘‘(B) $543,000,000 for fiscal year 2024; 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00204 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 205 •HR 3684 RH ‘‘(C) $557,000,000 for fiscal year 2025; and 1 ‘‘(D) $572,000,000 for fiscal year 2026.’’; 2 (2) by striking subsections (b) and (c) and in- 3 serting the following: 4 ‘‘(b) DIVISION AMONG PROGRAMS OF STATE’S SHARE 5 OF BASE APPORTIONMENT.—The Secretary shall distribute 6 the amount of the base apportionment apportioned to a 7 State for a fiscal year under subsection (c) among the cov- 8 ered programs as follows: 9 ‘‘(1) NATIONAL HIGHWAY PERFORMANCE PRO- 10 GRAM.—For the national highway performance pro- 11 gram, 55.09 percent of the amount remaining after 12 distributing amounts under paragraphs (4), (6), (7), 13 and (10). 14 ‘‘(2) SURFACE TRANSPORTATION PROGRAM.—For 15 the surface transportation program, 28.43 percent of 16 the amount remaining after distributing amounts 17 under paragraphs (4), (6), (7), and (10). 18 ‘‘(3) HIGHWAY SAFETY IMPROVEMENT PRO- 19 GRAM.—For the highway safety improvement pro- 20 gram, 6.19 percent of the amount remaining after 21 distributing amounts under paragraphs (4), (6), (7), 22 and (10). 23 ‘‘(4) CONGESTION MITIGATION AND AIR QUALITY 24 IMPROVEMENT PROGRAM.— 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00205 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 206 •HR 3684 RH ‘‘(A) IN GENERAL.—For the congestion 1 mitigation and air quality improvement pro- 2 gram, an amount determined for the State under 3 subparagraphs (B) and (C). 4 ‘‘(B) TOTAL AMOUNT.—The total amount 5 for the congestion mitigation and air quality im- 6 provement program for all States shall be— 7 ‘‘(i) $2,913,925,833 for fiscal year 8 2023; 9 ‘‘(ii) $2,964,919,535 for fiscal year 10 2024; 11 ‘‘(iii) $3,024,217,926 for fiscal year 12 2025; and 13 ‘‘(iv) $3,078,653,849 for fiscal year 14 2026. 15 ‘‘(C) STATE SHARE.—For each fiscal year, 16 the Secretary shall distribute among the States 17 the amount for the congestion mitigation and air 18 quality improvement program under subpara- 19 graph (B) so that each State receives an amount 20 equal to the proportion that— 21 ‘‘(i) the amount apportioned to the 22 State for the congestion mitigation and air 23 quality improvement program for fiscal 24 year 2020; bears to 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00206 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 207 •HR 3684 RH ‘‘(ii) the total amount of funds appor- 1 tioned to all States for such program for fis- 2 cal year 2020. 3 ‘‘(5) NATIONAL HIGHWAY FREIGHT PROGRAM.— 4 For the national highway freight program, 3.38 per- 5 cent of the amount remaining after distributing 6 amounts under paragraphs (4), (6), (7), and (10). 7 ‘‘(6) METROPOLITAN PLANNING.— 8 ‘‘(A) IN GENERAL.—For metropolitan plan- 9 ning, an amount determined for the State under 10 subparagraphs (B) and (C). 11 ‘‘(B) TOTAL AMOUNT.—The total amount 12 for metropolitan planning for all States shall 13 be— 14 ‘‘(i) $507,500,000 for fiscal year 2023; 15 ‘‘(ii) $516,381,250 for fiscal year 2024; 16 ‘‘(iii) $526,708,875 for fiscal year 17 2025; and 18 ‘‘(iv) $536,189,635 for fiscal year 2026. 19 ‘‘(C) STATE SHARE.—For each fiscal year, 20 the Secretary shall distribute among the States 21 the amount for metropolitan planning under 22 subparagraph (B) so that each State receives an 23 amount equal to the proportion that— 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00207 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 208 •HR 3684 RH ‘‘(i) the amount apportioned to the 1 State for metropolitan planning for fiscal 2 year 2020; bears to 3 ‘‘(ii) the total amount of funds appor- 4 tioned to all States for metropolitan plan- 5 ning for fiscal year 2020. 6 ‘‘(7) RAILWAY CROSSINGS.— 7 ‘‘(A) IN GENERAL.—For the railway cross- 8 ings program, an amount determined for the 9 State under subparagraphs (B) and (C). 10 ‘‘(B) TOTAL AMOUNT.—The total amount 11 for the railway crossings program for all States 12 shall be $245,000,000 for each of fiscal years 13 2023 through 2026. 14 ‘‘(C) STATE SHARE.— 15 ‘‘(i) IN GENERAL.—For each fiscal 16 year, the Secretary shall distribute among 17 the States the amount for the railway cross- 18 ings program under subparagraph (B) as 19 follows: 20 ‘‘(I) 50 percent of the amount for 21 a fiscal year shall be apportioned to 22 States by the formula set forth in sec- 23 tion 104(b)(3)(A) (as in effect on the 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00208 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 209 •HR 3684 RH day before the date of enactment of 1 MAP–21). 2 ‘‘(II) 50 percent of the amount for 3 a fiscal year shall be apportioned to 4 States in the ratio that total public 5 railway-highway crossings in each 6 State bears to the total of such cross- 7 ings in all States. 8 ‘‘(ii) MINIMUM APPORTIONMENT.—Not- 9 withstanding clause (i), for each fiscal year, 10 each State shall receive a minimum of one- 11 half of 1 percent of the total amount for the 12 railway crossings program for such fiscal 13 year under subparagraph (B). 14 ‘‘(8) PREDISASTER MITIGATION PROGRAM.—For 15 the predisaster mitigation program, 2.96 percent of 16 the amount remaining after distributing amounts 17 under paragraphs (4), (6), (7), and (10). 18 ‘‘(9) CARBON POLLUTION REDUCTION PRO- 19 GRAM.—For the carbon pollution reduction program, 20 3.95 percent of the amount remaining after distrib- 21 uting amounts under paragraphs (4), (6), (7), and 22 (10). 23 ‘‘(10) CLEAN CORRIDORS.— 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00209 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 210 •HR 3684 RH ‘‘(A) IN GENERAL.—For the clean corridors 1 program, an amount determined for the State 2 under subparagraphs (B) and (C). 3 ‘‘(B) TOTAL AMOUNT.—The total amount 4 for the clean corridors program for all States 5 shall be $1,000,000,000 for each of fiscal years 6 2023 through 2026. 7 ‘‘(C) STATE SHARE.—For each fiscal year, 8 the Secretary shall distribute among the States 9 the total amount for the clean corridors program 10 under subparagraph (B) so that each State re- 11 ceives the amount equal to the proportion that— 12 ‘‘(i) the total base apportionment de- 13 termined for the State under subsection (c); 14 bears to 15 ‘‘(ii) the total base apportionments for 16 all States under subsection (c). 17 ‘‘(c) CALCULATION OF AMOUNTS.— 18 ‘‘(1) STATE SHARE.—For each of fiscal years 19 2023 through 2026, the amount for each State shall 20 be determined as follows: 21 ‘‘(A) INITIAL AMOUNTS.—The initial 22 amounts for each State shall be determined by 23 multiplying— 24 ‘‘(i) each of— 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00210 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 211 •HR 3684 RH ‘‘(I) the base apportionment; and 1 ‘‘(II) supplemental funds reserved 2 under subsection (h)(1) for the highway 3 safety improvement program; by 4 ‘‘(ii) the share for each State, which 5 shall be equal to the proportion that— 6 ‘‘(I) the amount of apportion- 7 ments that the State received for fiscal 8 year 2020; bears to 9 ‘‘(II) the amount of those appor- 10 tionments received by all States for fis- 11 cal year 2020. 12 ‘‘(B) ADJUSTMENTS TO AMOUNTS.—The ini- 13 tial amounts resulting from the calculation 14 under subparagraph (A) shall be adjusted to en- 15 sure that each State receives an aggregate appor- 16 tionment equal to at least 95 percent of the esti- 17 mated tax payments attributable to highway 18 users in the State paid into the Highway Trust 19 Fund (other than the Mass Transit Account) in 20 the most recent fiscal year for which data are 21 available. 22 ‘‘(2) STATE APPORTIONMENT.—On October 1 of 23 fiscal years 2023 through 2026, the Secretary shall 24 apportion the sums authorized to be appropriated for 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00211 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 212 •HR 3684 RH expenditure on the covered programs in accordance 1 with paragraph (1).’’; 2 (3) in subsection (d)(1)(A)— 3 (A) in clause (i) by striking ‘‘paragraphs 4 (5)(D) and (6) of subsection (b)’’ and inserting 5 ‘‘subsection (b)(6)’’; and 6 (B) in clause (ii) by striking ‘‘paragraphs 7 (5)(D) and (6) of subsection (b)’’ and inserting 8 ‘‘subsection (b)(6)’’; and 9 (4) by striking subsections (h) and (i) and in- 10 serting the following: 11 ‘‘(h) SUPPLEMENTAL FUNDS.— 12 ‘‘(1) AMOUNT.—Before making an apportion- 13 ment for a fiscal year under subsection (c), the Sec- 14 retary shall reserve for the highway safety improve- 15 ment program under section 148 $500,000,000 for 16 each of fiscal years 2023 through 2026 for the purpose 17 of the safe streets set-aside under section 148(m). 18 ‘‘(2) TREATMENT OF FUNDS.—Funds reserved 19 under paragraph (1) and apportioned to a State 20 under subsection (c) shall be treated as if apportioned 21 under subsection (b)(3), and shall be in addition to 22 amounts apportioned under such subsection. 23 ‘‘(i) DEFINITIONS.—In this section: 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00212 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 213 •HR 3684 RH ‘‘(1) BASE APPORTIONMENT.—The term ‘base ap- 1 portionment’ means— 2 ‘‘(A) the combined amount authorized for 3 the covered programs; minus 4 ‘‘(B) the supplemental funds reserved under 5 subsection (h) for the highway safety improve- 6 ment program. 7 ‘‘(2) COVERED PROGRAMS.—The term ‘covered 8 programs’ means— 9 ‘‘(A) the national highway performance 10 program under section 119; 11 ‘‘(B) the surface transportation program 12 under section 133; 13 ‘‘(C) the highway safety improvement pro- 14 gram under section 148; 15 ‘‘(D) the congestion mitigation and air 16 quality improvement program under section 149; 17 ‘‘(E) the national highway freight program 18 under section 167; 19 ‘‘(F) metropolitan planning under section 20 134; 21 ‘‘(G) the railway crossings program under 22 section 130; 23 ‘‘(H) the predisaster mitigation program 24 under section 124; 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00213 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 214 •HR 3684 RH ‘‘(I) the carbon pollution reduction program 1 under section 171; and 2 ‘‘(J) the clean corridors program under sec- 3 tion 151.’’. 4 (b) FEDERAL SHARE PAYABLE.—Section 120(c)(3) of 5 title 23, United States Code, is amended— 6 (1) in subparagraph (A) by striking ‘‘(5)(D),’’; 7 and 8 (2) in subparagraph (C)(i) by striking ‘‘(5)(D),’’. 9 (c) METROPOLITAN TRANSPORTATION PLANNING; 10 TITLE 23.—Section 134(p) of title 23, United States Code, 11 is amended by striking ‘‘paragraphs (5)(D) and (6) of sec- 12 tion 104(b)’’ and inserting ‘‘section 104(b)(6)’’. 13 (d) STATEWIDE AND NONMETROPOLITAN TRANSPOR- 14 TATION PLANNING.—Section 135(i) of title 23, United 15 States Code, is amended by striking ‘‘paragraphs (5)(D) 16 and (6) of section 104(b)’’ and inserting ‘‘section 17 104(b)(6)’’. 18 (e) METROPOLITAN TRANSPORTATION PLANNING; 19 TITLE 49.—Section 5303(p) of title 49, United States Code, 20 is amended by striking ‘‘section 104(b)(5)’’ and inserting 21 ‘‘section 104(b)(6)’’. 22 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00214 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 215 •HR 3684 RH SEC. 1105. ADDITIONAL DEPOSITS INTO HIGHWAY TRUST 1 FUND. 2 Section 105 of title 23, United States Code, is amend- 3 ed— 4 (1) in subsection (a) by striking ‘‘FAST Act’’ 5 and inserting ‘‘INVEST in America Act’’; 6 (2) in subsection (c)— 7 (A) in paragraph (1)(A) by striking ‘‘to be 8 appropriated’’ each place it appears; and 9 (B) by adding at the end the following: 10 ‘‘(4) SPECIAL RULE.— 11 ‘‘(A) ADJUSTMENT.—In making an adjust- 12 ment under paragraph (1) for an allocation, res- 13 ervation, or set-aside from an amount authorized 14 from the Highway Account or Mass Transit Ac- 15 count described in subparagraph (B), the Sec- 16 retary shall— 17 ‘‘(i) determine the ratio that— 18 ‘‘(I) the amount authorized to be 19 appropriated for the allocation, res- 20 ervation, or set-aside from the account 21 for the fiscal year; bears to 22 ‘‘(II) the total amount authorized 23 to be appropriated for such fiscal year 24 for all programs under such account; 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00215 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 216 •HR 3684 RH ‘‘(ii) multiply the ratio determined 1 under clause (i) by the amount of the ad- 2 justment determined under subsection 3 (b)(1)(B); and 4 ‘‘(iii) adjust the amount that the Sec- 5 retary would have allocated for the alloca- 6 tion, reservation, or set-aside for such fiscal 7 year but for this section by the amount cal- 8 culated under clause (ii). 9 ‘‘(B) ALLOCATIONS, RESERVATIONS, AND 10 SET-ASIDES.—The allocations, reservations, and 11 set-asides described in this subparagraph are— 12 ‘‘(i) from the amount made available 13 for a fiscal year for the Federal lands trans- 14 portation program under section 203, the 15 amounts allocated for a fiscal year for the 16 National Park Service, the United States 17 Fish and Wildlife Service, the United States 18 Forest Service, the Corps of Engineers, the 19 Bureau of Land Management, the Bureau 20 of Reclamation, and independent Federal 21 agencies with natural resource and land 22 management responsibilities; 23 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00216 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 217 •HR 3684 RH ‘‘(ii) the amount made available for 1 the Puerto Rico highway program under 2 section 165(a)(1); 3 ‘‘(iii) the amount made available for 4 the territorial highway program under sec- 5 tion 165(a)(2); 6 ‘‘(iv) from the amounts made available 7 for a fiscal year for the urbanized areas for- 8 mula grants under section 5307 of title 49, 9 the amounts allocated for a fiscal year for 10 the passenger ferry grant program under 11 section 5307(h) of such title; 12 ‘‘(v) from the amounts made available 13 for a fiscal year for the formula grants for 14 rural areas under section 5311 of such title, 15 the amounts allocated for a fiscal year for 16 public transportation on Indian reserva- 17 tions; 18 ‘‘(vi) from the amounts made available 19 for a fiscal year for the public transpor- 20 tation innovation program under section 21 5312 of such title— 22 ‘‘(I) the amounts allocated for the 23 zero emission vehicle component assess- 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00217 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 218 •HR 3684 RH ment under section 5312(h) of such 1 title; and 2 ‘‘(II) the amounts allocated for the 3 transit cooperative research program 4 under section 5312(i) of such title; 5 ‘‘(vii) from the amounts made avail- 6 able for a fiscal year for the technical assist- 7 ance and workforce development program of 8 section 5314 of such title, the amounts allo- 9 cated for the national transit institute 10 under section 5314(c) of such title; 11 ‘‘(viii) from the amounts made avail- 12 able for a fiscal year for the bus and bus fa- 13 cilities program under section 5339 of such 14 title, the amounts allocated for a fiscal year 15 for the zero emission grants under section 16 5339(c) of such title; 17 ‘‘(ix) the amounts made available for 18 growing States under section 5340(c) of 19 such title; and 20 ‘‘(x) the amounts made available for 21 high density states under section 5340(d) of 22 such title.’’; 23 (3) in subsection (d) by inserting ‘‘and section 24 5324 of title 49’’ after ‘‘section 125’’; 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00218 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 219 •HR 3684 RH (4) in subsection (e)— 1 (A) by striking ‘‘There is authorized’’ and 2 inserting ‘‘For fiscal year 2023 and each fiscal 3 year thereafter, there is authorized’’; and 4 (B) by striking ‘‘for any of fiscal years 5 2017 through 2020’’; and 6 (5) in subsection (f)(1) by striking ‘‘section 1102 7 or 3018 of the FAST Act’’ and inserting ‘‘any other 8 provision of law’’. 9 SEC. 1106. TRANSPARENCY. 10 (a) APPORTIONMENT.—Section 104 of title 23, United 11 States Code, is amended by striking subsection (g) and in- 12 serting the following: 13 ‘‘(g) HIGHWAY TRUST FUND TRANSPARENCY AND AC- 14 COUNTABILITY REPORTS.— 15 ‘‘(1) REQUIREMENT.— 16 ‘‘(A) IN GENERAL.—The Secretary shall 17 compile data in accordance with this subsection 18 on the use of Federal-aid highway funds made 19 available under this title. 20 ‘‘(B) USER FRIENDLY DATA.—The data 21 compiled under subparagraph (A) shall be in a 22 user friendly format that can be searched, 23 downloaded, disaggregated, and filtered by data 24 category. 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00219 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 220 •HR 3684 RH ‘‘(2) PROJECT DATA.— 1 ‘‘(A) IN GENERAL.—Not later than 120 2 days after the end of each fiscal year, the Sec- 3 retary shall make available on the website of the 4 Department of Transportation a report that de- 5 scribes— 6 ‘‘(i) the location of each active project 7 within each State during such fiscal year, 8 including in which congressional district or 9 districts such project is located; 10 ‘‘(ii) the total cost of such project; 11 ‘‘(iii) the amount of Federal funding 12 obligated for such project; 13 ‘‘(iv) the program or programs from 14 which Federal funds have been obligated for 15 such project; 16 ‘‘(v) whether such project is located in 17 an area of the State with a population of— 18 ‘‘(I) less than 5,000 individuals; 19 ‘‘(II) 5,000 or more individuals 20 but less than 50,000 individuals; 21 ‘‘(III) 50,000 or more individuals 22 but less than 200,001 individuals; or 23 ‘‘(IV) greater than 200,000 indi- 24 viduals; 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00220 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 221 •HR 3684 RH ‘‘(vi) whether such project is located in 1 an area of persistent poverty; 2 ‘‘(vii) the type of improvement being 3 made by such project, including catego- 4 rizing such project as— 5 ‘‘(I) a road reconstruction project; 6 ‘‘(II) a new road construction 7 project; 8 ‘‘(III) a new bridge construction 9 project; 10 ‘‘(IV) a bridge rehabilitation 11 project; or 12 ‘‘(V) a bridge replacement project; 13 and 14 ‘‘(viii) the functional classification of 15 the roadway on which such project is lo- 16 cated. 17 ‘‘(B) INTERACTIVE MAP.—In addition to the 18 data made available under subparagraph (A), 19 the Secretary shall make available on the website 20 of the Department of Transportation an inter- 21 active map that displays, for each active project, 22 the information described in clauses (i) through 23 (v) of subparagraph (A). 24 ‘‘(3) STATE DATA.— 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00221 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 222 •HR 3684 RH ‘‘(A) APPORTIONED AND ALLOCATED PRO- 1 GRAMS.—The website described in paragraph 2 (2)(A) shall be updated annually to display the 3 Federal-aid highway funds apportioned and allo- 4 cated to each State under this title, including— 5 ‘‘(i) the amount of funding available 6 for obligation by the State, including prior 7 unobligated balances, at the start of the fis- 8 cal year; 9 ‘‘(ii) the amount of funding obligated 10 by the State during such fiscal year; 11 ‘‘(iii) the amount of funding remain- 12 ing available for obligation by the State at 13 the end of such fiscal year; and 14 ‘‘(iv) changes in the obligated, unex- 15 pended balance for the State. 16 ‘‘(B) PROGRAMMATIC DATA.—The data de- 17 scribed in subparagraph (A) shall include— 18 ‘‘(i) the amount of funding by each ap- 19 portioned and allocated program for which 20 the State received funding under this title; 21 ‘‘(ii) the amount of funding transferred 22 between programs by the State during the 23 fiscal year using the authority provided 24 under section 126; and 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00222 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 223 •HR 3684 RH ‘‘(iii) the amount and program cat- 1 egory of Federal funds exchanged as de- 2 scribed in section 106(g)(6). 3 ‘‘(4) DEFINITIONS.—In this subsection: 4 ‘‘(A) ACTIVE PROJECT.— 5 ‘‘(i) IN GENERAL.—The term ‘active 6 project’ means a Federal-aid highway 7 project using funds made available under 8 this title on which those funds were obli- 9 gated or expended during the fiscal year for 10 which the estimated total cost as of the start 11 of construction is greater than $5,000,000. 12 ‘‘(ii) EXCLUSION.—The term ‘active 13 project’ does not include any project for 14 which funds are transferred to agencies 15 other than the Federal Highway Adminis- 16 tration. 17 ‘‘(B) INTERACTIVE MAP.—The term ‘inter- 18 active map’ means a map displayed on the pub- 19 lic website of the Department of Transportation 20 that allows a user to select and view information 21 for each active project, State, and congressional 22 district. 23 ‘‘(C) STATE.—The term ‘State’ means any 24 of the 50 States or the District of Columbia.’’. 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00223 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 224 •HR 3684 RH (b) PROJECT APPROVAL AND OVERSIGHT.—Section 1 106 of title 23, United States Code, is amended— 2 (1) in subsection (g)— 3 (A) in paragraph (4) by striking subpara- 4 graph (B) and inserting the following: 5 ‘‘(B) ASSISTANCE TO STATES.—The Sec- 6 retary shall— 7 ‘‘(i) develop criteria for States to use to 8 make the determination required under sub- 9 paragraph (A); and 10 ‘‘(ii) provide training, guidance, and 11 other assistance to States and subrecipients 12 as needed to ensure that projects adminis- 13 tered by subrecipients comply with the re- 14 quirements of this title. 15 ‘‘(C) PERIODIC REVIEW.—The Secretary 16 shall review, not less frequently than every 2 17 years, the monitoring of subrecipients by the 18 States.’’; and 19 (B) by adding at the end the following: 20 ‘‘(6) FEDERAL FUNDING EXCHANGE PRO- 21 GRAMS.— 22 ‘‘(A) IN GENERAL.—If a State allows a sub- 23 recipient to exchange Federal funds provided 24 under this title that are allocated to such sub- 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00224 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 225 •HR 3684 RH recipient for State or local funds, the State must 1 certify to the Secretary that the State— 2 ‘‘(i) has prevailing wage requirements 3 that are comparable to the requirements 4 under section 113 that apply to the use of 5 such State or local funds; and 6 ‘‘(ii) shall ensure that the prevailing 7 wage requirements described in clause (i) 8 apply to the use of such State or local 9 funds. 10 ‘‘(B) APPLICABILITY.—The requirements of 11 this paragraph shall apply only if the require- 12 ments of section 113 would be applicable to a 13 covered project if such project was carried out 14 using Federal funds. 15 ‘‘(C) COVERED PROJECT DEFINED.—In this 16 paragraph, the term ‘covered project’ means a 17 project carried out with exchanged State or local 18 funds as described in subparagraph (A).’’; 19 (2) in subsection (h)(3)— 20 (A) in subparagraph (B) by striking ‘‘, as 21 determined by the Secretary,’’; and 22 (B) in subparagraph (D) by striking ‘‘shall 23 assess’’ and inserting ‘‘in the case of a project 24 proposed to be advanced as a public-private 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00225 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 226 •HR 3684 RH partnership, shall include a detailed value for 1 money analysis or comparable analysis to deter- 2 mine’’; and 3 (3) by adding at the end the following: 4 ‘‘(k) MEGAPROJECTS.— 5 ‘‘(1) COMPREHENSIVE RISK MANAGEMENT 6 PLAN.—To be authorized for the construction of a 7 megaproject, the recipient of Federal financial assist- 8 ance under this title for such megaproject shall submit 9 to the Secretary a comprehensive risk management 10 plan that contains— 11 ‘‘(A) a description of the process by which 12 the recipient will identify, quantify, and monitor 13 the risks, including natural hazards, that might 14 result in cost overruns, project delays, reduced 15 construction quality, or reductions in benefits 16 with respect to the megaproject; 17 ‘‘(B) examples of mechanisms the recipient 18 will use to track risks identified pursuant to sub- 19 paragraph (A); 20 ‘‘(C) a plan to control such risks; and 21 ‘‘(D) such assurances as the Secretary deter- 22 mines appropriate that the recipient shall, with 23 respect to the megaproject— 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00226 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 227 •HR 3684 RH ‘‘(i) regularly submit to the Secretary 1 updated cost estimates; and 2 ‘‘(ii) maintain and regularly reassess 3 financial reserves for addressing known and 4 unknown risks. 5 ‘‘(2) PEER REVIEW GROUP.— 6 ‘‘(A) IN GENERAL.—Not later than 90 days 7 after the date on which a megaproject is author- 8 ized for construction, the recipient of Federal fi- 9 nancial assistance under this title for such 10 megaproject shall establish a peer review group 11 for such megaproject that consists of at least 5 12 individuals (including at least 1 individual with 13 project management experience) to give expert 14 advice on the scientific, technical, and project 15 management aspects of the megaproject. 16 ‘‘(B) MEMBERSHIP.— 17 ‘‘(i) IN GENERAL.—Not later than 180 18 days after the date of enactment of this sub- 19 section, the Secretary shall establish guide- 20 lines describing how a recipient described in 21 subparagraph (A) shall— 22 ‘‘(I) recruit and select members 23 for a peer review group established 24 under such subparagraph; and 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00227 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 228 •HR 3684 RH ‘‘(II) make publicly available the 1 criteria for such selection and identify 2 the members so selected. 3 ‘‘(ii) CONFLICT OF INTEREST.—No 4 member of a peer review group for a 5 megaproject may have a direct or indirect 6 financial interest in such megaproject. 7 ‘‘(C) TASKS.—A peer review group estab- 8 lished under subparagraph (A) by a recipient of 9 Federal financial assistance for a megaproject 10 shall— 11 ‘‘(i) meet annually until completion of 12 the megaproject; 13 ‘‘(ii) not later than 90 days after the 14 date of the establishment of the peer review 15 group and not later than 90 days after the 16 date of any significant change, as deter- 17 mined by the Secretary, to the scope, sched- 18 ule, or budget of the megaproject, review the 19 scope, schedule, and budget of the 20 megaproject, including planning, engineer- 21 ing, financing, and any other elements de- 22 termined appropriate by the Secretary; and 23 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00228 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 229 •HR 3684 RH ‘‘(iii) submit to the Secretary, Con- 1 gress, and such recipient a report on the 2 findings of each review under clause (ii). 3 ‘‘(3) TRANSPARENCY.—Not later than 90 days 4 after the submission of a report under paragraph 5 (2)(C)(iii), the Secretary shall publish on the website 6 of the Department of Transportation such report. 7 ‘‘(4) MEGAPROJECT DEFINED.—In this sub- 8 section, the term ‘megaproject’ means a project under 9 this title that has an estimated total cost of 10 $2,000,000,000 or more, and such other projects as 11 may be identified by the Secretary. 12 ‘‘(l) SPECIAL EXPERIMENTAL PROJECTS.— 13 ‘‘(1) PUBLIC AVAILABILITY.—The Secretary shall 14 publish on the website of the Department of Transpor- 15 tation a copy of all letters of interest, proposals, 16 workplans, and reports related to the special experi- 17 mental project authority pursuant to section 502(b). 18 The Secretary shall redact confidential business infor- 19 mation, as necessary, from any such information 20 published. 21 ‘‘(2) NOTIFICATION.—Not later than 3 days be- 22 fore making a determination to proceed with an ex- 23 periment under a letter of interest described in para- 24 graph (1), the Secretary shall provide notification 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00229 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 230 •HR 3684 RH and a description of the proposed experiment to the 1 Committee on Transportation and Infrastructure of 2 the House of Representatives and the Committee on 3 Environment and Public Works of the Senate. 4 ‘‘(3) REPORT TO CONGRESS.—Not later than 2 5 years after the date of enactment of the INVEST in 6 America Act, the Secretary shall submit to the Com- 7 mittee on Transportation and Infrastructure of the 8 House of Representatives and the Committee on Envi- 9 ronment and Public Works of the Senate a report that 10 includes— 11 ‘‘(A) a summary of each experiment de- 12 scribed in this subsection carried out over the 13 previous 5 years; and 14 ‘‘(B) legislative recommendations, if any, 15 based on the findings of such experiments. 16 ‘‘(m) COMPETITIVE GRANT PROGRAM OVERSIGHT AND 17 ACCOUNTABILITY.— 18 ‘‘(1) IN GENERAL.—To ensure the accountability 19 and oversight of the discretionary grant selection 20 process administered by the Secretary, a covered pro- 21 gram shall be subject to the requirements of this sec- 22 tion, in addition to the requirements applicable to 23 each covered program. 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00230 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 231 •HR 3684 RH ‘‘(2) APPLICATION PROCESS.—The Secretary 1 shall— 2 ‘‘(A) develop a template for applicants to 3 use to summarize— 4 ‘‘(i) project needs and benefits; and 5 ‘‘(ii) any factors, requirements, or con- 6 siderations established for the applicable 7 covered program; 8 ‘‘(B) create a data driven process to evalu- 9 ate, as set forth in the covered program, each eli- 10 gible project for which an application is received; 11 and 12 ‘‘(C) make a determination, based on the 13 evaluation made pursuant to subparagraph (B), 14 on any ratings, rankings, scores, or similar 15 metrics for applications made to the covered pro- 16 gram. 17 ‘‘(3) NOTIFICATION OF CONGRESS.—Not less than 18 15 days before making a grant for a covered program, 19 the Secretary shall notify, in writing, the Committee 20 on Transportation and Infrastructure of the House of 21 Representatives and the Committee on the Environ- 22 ment and Public Works of the Senate of— 23 ‘‘(A) the amount for each project proposed 24 to be selected; 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00231 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 232 •HR 3684 RH ‘‘(B) a description of the review process; 1 ‘‘(C) for each application, the determination 2 made under paragraph (2)(C); and 3 ‘‘(D) a detailed explanation of the basis for 4 each award proposed to be selected. 5 ‘‘(4) NOTIFICATION OF APPLICANTS.—Not later 6 than 30 days after making a grant for a project 7 under a covered program, the Secretary shall send to 8 all applicants under such covered program, and pub- 9 lish on the website of the Department of Transpor- 10 tation— 11 ‘‘(A) a summary of each application made 12 to the covered program for the given round of 13 funding; and 14 ‘‘(B) the evaluation and justification for the 15 project selection, including all ratings, rankings, 16 scores, or similar metrics for applications made 17 to the covered program for the given round of 18 funding during each phase of the grant selection 19 process. 20 ‘‘(5) BRIEFING.—The Secretary shall provide, at 21 the request of a grant applicant of a covered program, 22 the opportunity to receive a briefing to explain any 23 reasons the grant applicant was not awarded a grant. 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00232 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 233 •HR 3684 RH ‘‘(6) TEMPLATE.—The Secretary shall, to the ex- 1 tent practicable, develop a template as described in 2 paragraph (2)(A) for any discretionary program ad- 3 ministered by the Secretary that is not a covered pro- 4 gram. 5 ‘‘(7) COVERED PROGRAM DEFINED.—The term 6 ‘covered program’ means each of the following discre- 7 tionary grant programs: 8 ‘‘(A) Community climate innovation grants 9 under section 172. 10 ‘‘(B) Federal lands and tribal major 11 projects grants under section 208. 12 ‘‘(C) Mobility through advanced technologies 13 grants under section 503(c)(4). 14 ‘‘(D) Rebuild rural bridges program under 15 section 1307 of the INVEST in America Act. 16 ‘‘(E) Parking for commercial motor vehicle 17 grants under section 1308 of the INVEST in 18 America Act. 19 ‘‘(F) Active connected transportation grants 20 under section 1309 of the INVEST in America 21 Act. 22 ‘‘(G) Wildlife crossings grants under section 23 1310 of the INVEST in America Act. 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00233 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 234 •HR 3684 RH ‘‘(H) Reconnecting neighborhoods capital 1 construction grants under section 1311(d) of the 2 INVEST in America Act.’’. 3 (c) DIVISION OFFICE CONSISTENCY.—Not later than 4 1 year after the date of enactment of this Act, the Comp- 5 troller General of the United States shall submit to Congress 6 a report that— 7 (1) analyzes the consistency of determinations 8 among division offices of the Federal Highway Ad- 9 ministration; and 10 (2) makes recommendations to improve the con- 11 sistency of such determinations. 12 (d) IMPROVING RISK BASED STEWARDSHIP AND 13 OVERSIGHT.—Not later than 180 days after the date of en- 14 actment of this Act, the Administrator of the Federal High- 15 way Administration shall reference U.S. DOT Office of In- 16 spector General Report No. ST2020035 and take the fol- 17 lowing actions, as necessary, to improve the risk based stew- 18 ardship and oversight of the Federal Highway Administra- 19 tion: 20 (1) Update and implement Federal Highway 21 Administration guidance for risk-based project in- 22 volvement to clarify the requirements for its project 23 risk-assessment process, including expectations for 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00234 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 235 •HR 3684 RH conducting and documenting the risk assessment and 1 criteria to guide the reevaluation of project risks. 2 (2) Identify and notify division offices of the 3 Federal Highway Administration about sources of in- 4 formation that can inform the project risk-assessment 5 process. 6 (3) Update and implement Federal Highway 7 Administration guidance for risk-based project in- 8 volvement to clarify how the link between elevated 9 risks and associated oversight activities, changes to 10 oversight actions, and the results of its risk-based in- 11 volvement should be documented in project oversight 12 plans. 13 (4) Develop and implement a process to rou- 14 tinely monitor the implementation and evaluate the 15 effectiveness of Federal Highway Administration risk- 16 based project involvement. 17 SEC. 1107. COMPLETE AND CONTEXT SENSITIVE STREET 18 DESIGN. 19 (a) STANDARDS.—Section 109 of title 23, United 20 States Code, is amended— 21 (1) in subsection (a)— 22 (A) in paragraph (1) by striking ‘‘planned 23 future traffic of the highway in a manner that 24 is conducive to’’ and inserting ‘‘future oper- 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00235 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 236 •HR 3684 RH ational performance of the facility in a manner 1 that enhances’’; and 2 (B) in paragraph (2) by inserting ‘‘, taking 3 into consideration context sensitive design prin- 4 ciples’’ after ‘‘each locality’’; 5 (2) in subsection (b)— 6 (A) by striking ‘‘The geometric’’ and insert- 7 ing ‘‘DESIGN CRITERIA FOR THE INTERSTATE 8 SYSTEM.—The geometric’’; and 9 (B) by striking ‘‘the types and volumes of 10 traffic anticipated for such project for the twen- 11 ty-year period commencing on the date of ap- 12 proval by the Secretary, under section 106 of this 13 title, of the plans, specifications, and estimates 14 for actual construction of such project’’ and in- 15 serting ‘‘the existing and future operational per- 16 formance of the facility’’; 17 (3) in subsection (c)(1)— 18 (A) in subparagraph (C) by striking ‘‘; 19 and’’ and inserting a semicolon; 20 (B) in subparagraph (D) by striking the pe- 21 riod and inserting ‘‘; and’’; and 22 (C) by adding at the end the following: 23 ‘‘(E) context sensitive design principles.’’; 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00236 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 237 •HR 3684 RH (4) by striking subsection (o) and inserting the 1 following: 2 ‘‘(o) COMPLIANCE WITH STATE LAWS FOR NON-NHS 3 PROJECTS.— 4 ‘‘(1) IN GENERAL.—Projects (other than highway 5 projects on the National Highway System) shall— 6 ‘‘(A) be designed, constructed, operated, and 7 maintained in accordance with State laws, regu- 8 lations, directives, safety standards, design 9 standards, and construction standards; and 10 ‘‘(B) take into consideration context sen- 11 sitive design principles. 12 ‘‘(2) DESIGN FLEXIBILITY.— 13 ‘‘(A) IN GENERAL.— 14 ‘‘(i) IN GENERAL.—A local jurisdiction 15 may select the most appropriate design pub- 16 lication for the roadway context in which 17 the local jurisdiction is located for the de- 18 sign of a project on a roadway (other than 19 a highway on the National Highway Sys- 20 tem) if— 21 ‘‘(I) the local jurisdiction provides 22 notification and justification of the use 23 of such design publication to any State 24 in which the project is located; and 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00237 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 238 •HR 3684 RH ‘‘(II) the design complies with all 1 other applicable Federal and State 2 laws. 3 ‘‘(ii) REVIEW.—If a State rejects a 4 local jurisdiction’s selection of a design pub- 5 lication under this subparagraph, the local 6 jurisdiction may submit notification and 7 justification of such use to the Secretary. 8 The Secretary shall make a determination 9 to approve or deny such submission not 10 later than 90 days after receiving such sub- 11 mission. 12 ‘‘(B) STATE-OWNED ROADS.—In the case of 13 a roadway under the ownership of the State, the 14 local jurisdiction may select the most appro- 15 priate design publication only with the concur- 16 rence of the State. 17 ‘‘(C) PROGRAMMATIC BASIS.—The Secretary 18 may consider the use of a design publication 19 under this paragraph on a programmatic 20 basis.’’; and 21 (5) by adding at the end the following: 22 ‘‘(s) CONTEXT SENSITIVE DESIGN.— 23 ‘‘(1) CONTEXT SENSITIVE DESIGN PRINCIPLES.— 24 The Secretary shall consult with State and local offi- 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00238 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 239 •HR 3684 RH cials prior to approving any roadway design publica- 1 tions under this section to ensure that the design pub- 2 lications provide adequate flexibility for a project 3 sponsor to select the appropriate design of a roadway, 4 consistent with context sensitive design principles. 5 ‘‘(2) POLICIES OR PROCEDURES.— 6 ‘‘(A) IN GENERAL.—Not later than 1 year 7 after the Secretary publishes the final guidance 8 described in paragraph (3), each State shall 9 adopt policies or procedures to evaluate the con- 10 text of a proposed roadway and select the appro- 11 priate design, consistent with context sensitive 12 design principles. 13 ‘‘(B) LOCAL GOVERNMENTS.—The Secretary 14 and States shall encourage local governments to 15 adopt policies or procedures described under sub- 16 paragraph (A). 17 ‘‘(C) CONSIDERATIONS.—The policies or 18 procedures developed under this paragraph shall 19 take into consideration the guidance developed 20 by the Secretary under paragraph (3). 21 ‘‘(3) GUIDANCE.— 22 ‘‘(A) IN GENERAL.— 23 ‘‘(i) NOTICE.—Not later than 1 year 24 after the date of enactment of this sub- 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00239 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 240 •HR 3684 RH section, the Secretary shall publish guidance 1 on the official website of the Department of 2 Transportation on context sensitive design. 3 ‘‘(ii) PUBLIC REVIEW AND COMMENT.— 4 The guidance described in this paragraph 5 shall be finalized following an opportunity 6 for public review and comment. 7 ‘‘(iii) UPDATE.—The Secretary shall 8 periodically update the guidance described 9 in this paragraph, including the model poli- 10 cies or procedures described under subpara- 11 graph (B)(v). 12 ‘‘(B) CONTENTS.—The guidance described 13 in this paragraph shall— 14 ‘‘(i) provide best practices for States, 15 metropolitan planning organizations, re- 16 gional transportation planning organiza- 17 tions, local governments, or other project 18 sponsors to implement context sensitive de- 19 sign principles; 20 ‘‘(ii) identify opportunities to modify 21 planning, scoping, design, and development 22 procedures to more effectively combine 23 modes of transportation into integrated fa- 24 cilities that meet the needs of each of such 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00240 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 241 •HR 3684 RH modes of transportation in an appropriate 1 balance; 2 ‘‘(iii) identify metrics to assess the 3 context of the facility, including sur- 4 rounding land use or roadside characteris- 5 tics; 6 ‘‘(iv) assess the expected operational 7 and safety performance of facility design; 8 and 9 ‘‘(v) establish model policies or proce- 10 dures, consistent with the findings of such 11 guidance, for a State or other project spon- 12 sor to evaluate the context of a proposed fa- 13 cility and select the appropriate facility de- 14 sign for the context. 15 ‘‘(C) TOPICS OF EMPHASIS.—In addition to 16 the contents in subparagraph (B), the guidance 17 shall emphasize— 18 ‘‘(i) procedures for identifying the 19 needs of users of all ages and abilities of a 20 particular roadway; 21 ‘‘(ii) procedures for identifying the 22 types and designs of facilities needed to 23 serve various modes of transportation; 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00241 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 242 •HR 3684 RH ‘‘(iii) safety and other benefits pro- 1 vided by carrying out context sensitive de- 2 sign principles; 3 ‘‘(iv) common barriers to carrying out 4 context sensitive design principles; 5 ‘‘(v) procedures for overcoming the 6 most common barriers to carrying out con- 7 text sensitive design principles; 8 ‘‘(vi) procedures for identifying the 9 costs associated with carrying out context 10 sensitive design principles; 11 ‘‘(vii) procedures for maximizing local 12 cooperation in the introduction of context 13 sensitive design principles and carrying out 14 those principles; and 15 ‘‘(viii) procedures for assessing and 16 modifying the facilities and operational 17 characteristics of existing roadways to im- 18 prove consistency with context sensitive de- 19 sign principles. 20 ‘‘(4) FUNDING.—Amounts made available under 21 sections 104(b)(6) and 505 of this title may be used 22 for States, local governments, metropolitan planning 23 organizations, or regional transportation planning 24 organizations to adopt policies or procedures to evalu- 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00242 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 243 •HR 3684 RH ate the context of a proposed roadway and select the 1 appropriate design, consistent with context sensitive 2 design principles.’’. 3 (b) CONFORMING AMENDMENT.—Section 1404(b) of 4 the FAST Act (23 U.S.C. 109 note) is repealed. 5 SEC. 1108. INNOVATIVE PROJECT DELIVERY FEDERAL 6 SHARE. 7 (a) IN GENERAL.—Section 120(c)(3)(B) of title 23, 8 United States Code, is amended— 9 (1) by striking clauses (i) and (ii) and inserting 10 the following: 11 ‘‘(i) prefabricated bridge elements and 12 systems, innovative materials, and other 13 technologies to reduce bridge construction 14 time, extend service life, and reduce preser- 15 vation costs, as compared to conventionally 16 designed and constructed bridges; 17 ‘‘(ii) innovative construction equip- 18 ment, materials, techniques, or practices, 19 including the use of in-place recycling tech- 20 nology, digital 3-dimensional modeling tech- 21 nologies, and advanced digital construction 22 management systems;’’; 23 (2) by redesignating clause (vi) as clause (ix); 24 (3) in clause (v) by striking ‘‘or’’ at the end; and 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00243 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 244 •HR 3684 RH (4) by inserting after clause (v) the following: 1 ‘‘(vi) innovative pavement materials 2 that demonstrate reductions in— 3 ‘‘(I) greenhouse gas emissions 4 through sequestration or innovative 5 manufacturing processes; or 6 ‘‘(II) local air pollution, 7 stormwater runoff, or noise pollution; 8 ‘‘(vii) innovative culvert materials that 9 are made with recycled content and dem- 10 onstrate reductions in greenhouse gas emis- 11 sions; 12 ‘‘(viii) contractual provisions that pro- 13 vide safety contingency funds to incorporate 14 safety enhancements to work zones prior to 15 or during roadway construction and main- 16 tenance activities; or’’. 17 (b) TECHNICAL AMENDMENT.—Section 107(a)(2) of 18 title 23, United States Code, is amended by striking ‘‘sub- 19 section (c) of’’. 20 SEC. 1109. TRANSFERABILITY OF FEDERAL-AID HIGHWAY 21 FUNDS. 22 Section 126(b) of title 23, United States Code, is 23 amended— 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00244 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 245 •HR 3684 RH (1) in the heading by inserting ‘‘AND PRO- 1 GRAMS’’ after ‘‘SET-ASIDES’’; 2 (2) in paragraph (1) by striking ‘‘and 3 133(d)(1)(A)’’ and inserting ‘‘, 130, 133(d)(1)(A), 4 133(h), 148(m), 149, 151(f), and 171’’; and 5 (3) by striking paragraph (2) and inserting the 6 following: 7 ‘‘(2) ENVIRONMENTAL PROGRAMS.—With respect 8 to an apportionment under either paragraph (4) or 9 paragraph (9) of section 104(b), and notwithstanding 10 paragraph (1), a State may only transfer not more 11 than 50 percent from the amount of the apportion- 12 ment of either such paragraph to the apportionment 13 under the other such paragraph in a fiscal year.’’. 14 SEC. 1110. TOLLING. 15 (a) TOLL ROADS, BRIDGES, TUNNELS, AND FER- 16 RIES.—Section 129 of title 23, United States Code, is 17 amended— 18 (1) in subsection (a)— 19 (A) by striking paragraph (1) and inserting 20 the following: 21 ‘‘(1) IN GENERAL.— 22 ‘‘(A) AUTHORIZATION.—Subject to the pro- 23 visions of this section, Federal participation 24 shall be permitted on the same basis and in the 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00245 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 246 •HR 3684 RH same manner as construction of toll-free high- 1 ways is permitted under this chapter in the— 2 ‘‘(i) initial construction of a toll high- 3 way, bridge, or tunnel or approach to the 4 highway, bridge, or tunnel; 5 ‘‘(ii) initial construction of 1 or more 6 lanes or other improvements that increase 7 capacity of a highway, bridge, or tunnel 8 (other than a highway on the Interstate 9 System) and conversion of that highway, 10 bridge, or tunnel to a tolled facility, if the 11 number of toll-free lanes, excluding auxil- 12 iary lanes, after the construction is not less 13 than the number of toll-free lanes, excluding 14 auxiliary lanes, before the construction; 15 ‘‘(iii) initial construction of 1 or more 16 lanes or other improvements that increase 17 the capacity of a highway, bridge, or tunnel 18 on the Interstate System and conversion of 19 that highway, bridge, or tunnel to a tolled 20 facility, if the number of toll-free non-HOV 21 lanes, excluding auxiliary lanes, after such 22 construction is not less than the number of 23 toll-free non-HOV lanes, excluding auxil- 24 iary lanes, before such construction; 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00246 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 247 •HR 3684 RH ‘‘(iv) reconstruction, resurfacing, res- 1 toration, rehabilitation, or replacement of a 2 toll highway, bridge, or tunnel or approach 3 to the highway, bridge, or tunnel; 4 ‘‘(v) reconstruction or replacement of a 5 toll-free bridge or tunnel and conversion of 6 the bridge or tunnel to a toll facility; 7 ‘‘(vi) reconstruction of a toll-free Fed- 8 eral-aid highway (other than a highway on 9 the Interstate System) and conversion of the 10 highway to a toll facility; 11 ‘‘(vii) reconstruction, restoration, or 12 rehabilitation of a highway on the Inter- 13 state System if the number of toll-free non- 14 HOV lanes, excluding auxiliary lanes, after 15 reconstruction, restoration, or rehabilitation 16 is not less than the number of toll-free non- 17 HOV lanes, excluding auxiliary lanes, be- 18 fore reconstruction, restoration, or rehabili- 19 tation; 20 ‘‘(viii) conversion of a high occupancy 21 vehicle lane on a highway, bridge, or tunnel 22 to a toll facility, subject to the requirements 23 of section 166; and 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00247 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 248 •HR 3684 RH ‘‘(ix) preliminary studies to determine 1 the feasibility of a toll facility for which 2 Federal participation is authorized under 3 this paragraph. 4 ‘‘(B) AGREEMENT TO TOLL.— 5 ‘‘(i) IN GENERAL.—Before the Sec- 6 retary may authorize tolling under this sub- 7 section, the public authority with jurisdic- 8 tion over a highway, bridge, or tunnel shall 9 enter into an agreement with the Secretary 10 to ensure compliance with the requirements 11 of this subsection. 12 ‘‘(ii) APPLICABILITY.— 13 ‘‘(I) IN GENERAL.—The require- 14 ments of this subparagraph shall apply 15 to— 16 ‘‘(aa) Federal participation 17 under subparagraph (A); 18 ‘‘(bb) any prior Federal par- 19 ticipation in the facility proposed 20 to be tolled; and 21 ‘‘(cc) conversion, with or 22 without Federal participation, of 23 a non-tolled lane on the National 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00248 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 249 •HR 3684 RH Highway System to a toll facility 1 under subparagraph (E). 2 ‘‘(II) HOV FACILITY.—Except as 3 otherwise provided in this subsection or 4 section 166, the provisions of this 5 paragraph shall not apply to a high 6 occupancy vehicle facility. 7 ‘‘(iii) MAJOR FEDERAL ACTION.—Ap- 8 proval by the Secretary of an agreement to 9 toll under this paragraph shall be consid- 10 ered a major Federal action under the Na- 11 tional Environmental Policy Act of 1969 12 (42 U.S.C. 4321 et seq.). 13 ‘‘(C) AGREEMENT CONDITIONS.—Prior to 14 entering into an agreement to toll under sub- 15 paragraph (B), the public authority shall certify 16 to the Secretary that— 17 ‘‘(i) the public authority has estab- 18 lished procedures to ensure the toll meets the 19 purposes and requirements of this sub- 20 section; 21 ‘‘(ii) the facility shall provide for ac- 22 cess at no cost to public transportation ve- 23 hicles and over-the-road buses serving the 24 public; and 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00249 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 250 •HR 3684 RH ‘‘(iii) the facility shall provide for the 1 regional interoperability of electronic toll 2 collection, including through technologies or 3 business practices. 4 ‘‘(D) CONSIDERATION OF IMPACTS.— 5 ‘‘(i) IN GENERAL.—Prior to entering 6 into an agreement to toll under subpara- 7 graph (B), the Secretary shall ensure the 8 public authority has adequately considered, 9 including by providing an opportunity for 10 public comment, the following factors with- 11 in the corridor: 12 ‘‘(I) Congestion impacts on both 13 the toll facility and in the corridor or 14 cordon (including adjacent toll-free fa- 15 cilities). 16 ‘‘(II) In the case of a non-attain- 17 ment or maintenance area, air quality 18 impacts. 19 ‘‘(III) Planned investments to im- 20 prove public transportation or other 21 non-tolled alternatives in the corridor. 22 ‘‘(IV) Environmental justice and 23 equity impacts. 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00250 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 251 •HR 3684 RH ‘‘(V) Impacts on freight move- 1 ment. 2 ‘‘(VI) Economic impacts on busi- 3 nesses. 4 ‘‘(ii) CONSIDERATION IN ENVIRON- 5 MENTAL REVIEW.—Nothing in this subpara- 6 graph shall limit a public authority from 7 meeting the requirements of this subpara- 8 graph through the environmental review 9 process, as applicable. 10 ‘‘(E) CONGESTION PRICING.— 11 ‘‘(i) IN GENERAL.—The Secretary may 12 authorize conversion of a non-tolled lane on 13 the National Highway System to a toll fa- 14 cility to utilize pricing to manage the de- 15 mand to use the facility by varying the toll 16 amount that is charged. 17 ‘‘(ii) REQUIREMENT.—Prior to enter- 18 ing into an agreement to convert a non- 19 tolled lane on the National Highway Sys- 20 tem to a toll facility, the Secretary shall en- 21 sure (in addition to the requirements under 22 subparagraphs (B), (C), and (D)) that such 23 toll facility and the planned investments to 24 improve public transportation or other non- 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00251 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 252 •HR 3684 RH tolled alternatives in the corridor are rea- 1 sonably expected to improve the operation of 2 the cordon or corridor, as described in 3 clauses (iii) and (iv). 4 ‘‘(iii) PERFORMANCE MONITORING.—A 5 public authority that enters into an agree- 6 ment to convert a non-tolled lane to a toll 7 facility under this subparagraph shall— 8 ‘‘(I) establish, monitor, and sup- 9 port a performance monitoring, eval- 10 uation, and reporting program— 11 ‘‘(aa) for the toll facility that 12 provides for continuous moni- 13 toring, assessment, and reporting 14 on the impacts that the pricing 15 structure may have on the oper- 16 ation of the facility; and 17 ‘‘(bb) for the corridor or cor- 18 don that provides for continuous 19 monitoring, assessment, and re- 20 porting on the impacts of conges- 21 tion pricing on the operation of 22 the corridor or cordon; 23 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00252 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 253 •HR 3684 RH ‘‘(II) submit to the Secretary an- 1 nual reports of the impacts described 2 in subclause (I); and 3 ‘‘(III) if the facility or the cor- 4 ridor or cordon becomes degraded, as 5 described in clause (iv), submit to the 6 Secretary an annual update that de- 7 scribes the actions proposed to bring 8 the toll facility into compliance and 9 the progress made on such actions. 10 ‘‘(iv) DETERMINATION.— 11 ‘‘(I) DEGRADED OPERATION.—For 12 purposes of clause (iii)(III), the oper- 13 ation of a toll facility shall be consid- 14 ered to be degraded if vehicles oper- 15 ating on the facility are failing to 16 maintain a minimum average oper- 17 ating speed 90 percent of the time over 18 a consecutive 180-day period during 19 peak hour periods. 20 ‘‘(II) DEGRADED CORRIDOR OR 21 CORDON.—For the purposes of clause 22 (iii)(III), a corridor or cordon shall be 23 considered to be degraded if congestion 24 pricing or investments to improve pub- 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00253 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 254 •HR 3684 RH lic transportation or other non-tolled 1 alternatives have not resulted in— 2 ‘‘(aa) an increase in person 3 or freight throughput in the cor- 4 ridor or cordon; or 5 ‘‘(bb) a reduction in person 6 hours of delay in the corridor or 7 cordon, as determined by the Sec- 8 retary. 9 ‘‘(III) DEFINITION OF MINIMUM 10 AVERAGE OPERATING SPEED.—In this 11 subparagraph, the term ‘minimum av- 12 erage operating speed’ means— 13 ‘‘(aa) 35 miles per hour, in 14 the case of a toll facility with a 15 speed limit of 45 miles per hour 16 or greater; and 17 ‘‘(bb) not more than 10 miles 18 per hour below the speed limit, in 19 the case of a toll facility with a 20 speed limit of less than 50 miles 21 per hour. 22 ‘‘(v) MAINTENANCE OF OPERATING 23 PERFORMANCE.— 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00254 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 255 •HR 3684 RH ‘‘(I) IN GENERAL.—Not later than 1 180 days after the date on which a fa- 2 cility or a corridor or cordon becomes 3 degraded under clause (iv), the public 4 authority with jurisdiction over the fa- 5 cility shall submit to the Secretary for 6 approval a plan that details the ac- 7 tions the public authority will take to 8 make significant progress toward 9 bringing the facility or corridor or cor- 10 don into compliance with this subpara- 11 graph. 12 ‘‘(II) NOTICE OF APPROVAL OR 13 DISAPPROVAL.—Not later than 60 days 14 after the date of receipt of a plan 15 under subclause (I), the Secretary shall 16 provide to the public authority a writ- 17 ten notice indicating whether the Sec- 18 retary has approved or disapproved the 19 plan based on a determination of 20 whether the implementation of the plan 21 will make significant progress toward 22 bringing the facility or corridor or cor- 23 don into compliance with this subpara- 24 graph. 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00255 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 256 •HR 3684 RH ‘‘(III) UPDATE.—Until the date 1 on which the Secretary determines that 2 the public authority has brought the fa- 3 cility or corridor or cordon into com- 4 pliance with this subparagraph, the 5 public authority shall submit annual 6 updates that describe— 7 ‘‘(aa) the actions taken to 8 bring the facility into compliance; 9 ‘‘(bb) the actions taken to 10 bring the corridor or cordon into 11 compliance; and 12 ‘‘(cc) the progress made by 13 those actions. 14 ‘‘(IV) COMPLIANCE.—If a public 15 authority fails to bring a facility into 16 compliance under this subparagraph, 17 the Secretary may subject the public 18 authority to appropriate program 19 sanctions under section 1.36 of title 23, 20 Code of Federal Regulations (or suc- 21 cessor regulations), until the perform- 22 ance is no longer degraded. 23 ‘‘(vi) CONSULTATION OF MPO.—If a 24 toll facility authorized under this subpara- 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00256 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 257 •HR 3684 RH graph is located on the National Highway 1 System and in a metropolitan planning 2 area established in accordance with section 3 134, the public authority shall consult with 4 the metropolitan planning organization for 5 the area. 6 ‘‘(vii) INCLUSION.—For the purposes of 7 this paragraph, the corridor or cordon shall 8 include toll-free facilities that are adjacent 9 to the toll facility.’’; 10 (B) in paragraph (3)— 11 (i) in subparagraph (A)— 12 (I) in clause (iv) by striking 13 ‘‘and’’ at the end; and 14 (II) by striking clause (v) and in- 15 serting the following: 16 ‘‘(v) any project eligible under this 17 title or chapter 53 of title 49 that improves 18 the operation of the corridor or cordon by 19 increasing person or freight throughput and 20 reducing person hours of delay; 21 ‘‘(vi) toll discounts or rebates for users 22 of the toll facility that have no reasonable 23 alternative transportation method to the toll 24 facility; and 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00257 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 258 •HR 3684 RH ‘‘(vii) if the public authority certifies 1 annually that the tolled facility is being 2 adequately maintained and the cordon or 3 corridor is not degraded under paragraph 4 (1)(E), any revenues remaining after fund- 5 ing the activities described in clauses (i) 6 through (vi) shall be considered surplus rev- 7 enue and may be used for any other purpose 8 for which Federal funds may be obligated 9 by a State under this title or chapter 53 of 10 title 49.’’; and 11 (ii) by striking subparagraph (B) and 12 inserting the following: 13 ‘‘(B) TRANSPARENCY.— 14 ‘‘(i) ANNUAL AUDIT.— 15 ‘‘(I) IN GENERAL.—A public au- 16 thority with jurisdiction over a toll fa- 17 cility shall conduct or have an inde- 18 pendent auditor conduct an annual 19 audit of toll facility records to verify 20 adequate maintenance and compliance 21 with subparagraph (A), and report the 22 results of the audits to the Secretary. 23 ‘‘(II) RECORDS.—On reasonable 24 notice, the public authority shall make 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00258 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 259 •HR 3684 RH all records of the public authority per- 1 taining to the toll facility available for 2 audit by the Secretary. 3 ‘‘(ii) USE OF REVENUES.—A State or 4 public authority that obligates amounts 5 under clauses (v), (vi), or (vii) of subpara- 6 graph (A) shall annually report to the Sec- 7 retary a list of activities funded with such 8 amounts and the amount of funding pro- 9 vided for each such activity.’’; 10 (C) in paragraph (8) by striking ‘‘as of the 11 date of enactment of the MAP–21, before com- 12 mencing any activity authorized’’ and inserting 13 ‘‘, before commencing any activity authorized’’; 14 (D) in paragraph (9)— 15 (i) by striking ‘‘bus’’ and inserting 16 ‘‘vehicle’’; and 17 (ii) by striking ‘‘buses’’ and inserting 18 ‘‘vehicles’’; and 19 (E) by striking paragraph (10) and insert- 20 ing the following: 21 ‘‘(10) INTEROPERABILITY OF ELECTRONIC TOLL 22 COLLECTION.— 23 ‘‘(A) IN GENERAL.—All toll facilities on 24 Federal-aid highways shall provide for the re- 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00259 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 260 •HR 3684 RH gional interoperability of electronic toll collec- 1 tion, including through technologies or business 2 practices. 3 ‘‘(B) PROHIBITION ON RESTRICTION.—No 4 State, or any political subdivision thereof, shall 5 restrict the information that is shared across 6 public and private toll facility operators or their 7 agents or contractors for purposes of facilitating, 8 operating, or maintaining electronic toll collec- 9 tion programs. 10 ‘‘(11) NONCOMPLIANCE.—If the Secretary con- 11 cludes that a public authority has not complied with 12 the requirements of this subsection, the Secretary may 13 require the public authority to discontinue collecting 14 tolls until the public authority and the Secretary 15 enter into an agreement for the public authority to 16 achieve compliance with such requirements. 17 ‘‘(12) DEFINITIONS.—In this subsection, the fol- 18 lowing definitions apply: 19 ‘‘(A) FEDERAL PARTICIPATION.—The term 20 ‘Federal participation’ means the use of funds 21 made available under this title. 22 ‘‘(B) HIGH OCCUPANCY VEHICLE; HOV.— 23 The term ‘high occupancy vehicle’ or ‘HOV’ 24 means a vehicle with not fewer than 2 occupants. 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00260 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 261 •HR 3684 RH ‘‘(C) INITIAL CONSTRUCTION.— 1 ‘‘(i) IN GENERAL.—The term ‘initial 2 construction’ means the construction of a 3 highway, bridge, tunnel, or other facility at 4 any time before it is open to traffic. 5 ‘‘(ii) EXCLUSIONS.—The term ‘initial 6 construction’ does not include any improve- 7 ment to a highway, bridge, tunnel, or other 8 facility after it is open to traffic. 9 ‘‘(D) OVER-THE-ROAD BUS.—The term 10 ‘over-the-road bus’ has the meaning given the 11 term in section 301 of the Americans with Dis- 12 abilities Act of 1990 (42 U.S.C. 12181). 13 ‘‘(E) PUBLIC AUTHORITY.—The term ‘pub- 14 lic authority’ means a State, interstate compact 15 of States, or public entity designated by a State. 16 ‘‘(F) PUBLIC TRANSPORTATION VEHICLE.— 17 The term ‘public transportation vehicle’ has the 18 meaning given that term in section 166. 19 ‘‘(G) TOLL FACILITY.—The term ‘toll facil- 20 ity’ means a toll highway, bridge, or tunnel or 21 approach to the highway, bridge, or tunnel con- 22 structed or authorized to be tolled under this sub- 23 section.’’. 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00261 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 262 •HR 3684 RH (b) REPEAL OF INTERSTATE SYSTEM RECONSTRUC- 1 TION AND REHABILITATION PILOT PROGRAM.—Section 2 1216 of the Transportation Equity Act for the 21st Century 3 (23 U.S.C. 129 note), and the item related to such section 4 in the table of contents in section 1(b) of such Act, are re- 5 pealed. 6 (c) VALUE PRICING PILOT PROGRAM.—Section 7 1012(b) of the Intermodal Surface Transportation Effi- 8 ciency Act of 1991 (23 U.S.C. 149 note) is amended by add- 9 ing at the end the following: 10 ‘‘(9) SUNSET.—The Secretary may not consider 11 an expression of interest submitted under this section 12 after the date of enactment of this paragraph.’’. 13 (d) SAVINGS CLAUSE.— 14 (1) APPLICATION OF LIMITATIONS.—Any toll fa- 15 cility described in paragraph (2) shall be subject to 16 the requirements of section 129(a)(3) of title 23, 17 United States Code, as in effect on the day before the 18 date of enactment of this Act. 19 (2) TOLL FACILITIES.—A toll facility described 20 in this paragraph is a facility that, on the day prior 21 to the date of enactment of this Act, was— 22 (A) operating; 23 (B) in the planning and design phase; or 24 (C) in the construction phase. 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00262 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 263 •HR 3684 RH (e) REPORT.—Not later than 180 days after the date 1 of enactment of this Act, the Secretary of Transportation 2 shall submit to Congress a report on the implementation 3 of the interoperability of toll collection as required under 4 section 1512(b) of MAP–21, including an assessment of the 5 progress in, and barriers on, such implementation. 6 SEC. 1111. HOV FACILITIES. 7 Section 166 of title 23, United States Code, is amend- 8 ed— 9 (1) in subsection (b)— 10 (A) in paragraph (4)(C)(iii) by striking 11 ‘‘transportation buses’’ and inserting ‘‘transpor- 12 tation vehicles’’; 13 (B) in paragraph (5)(B) by striking ‘‘2019’’ 14 and inserting ‘‘2025’’; and 15 (C) by adding at the end the following: 16 ‘‘(6) EMERGENCY VEHICLES.—The public au- 17 thority may allow the following vehicles to use the 18 HOV facility if the authority establishes requirements 19 for clearly identifying the vehicles: 20 ‘‘(A) An emergency vehicle that is respond- 21 ing to an existing emergency. 22 ‘‘(B) A blood transport vehicle that is trans- 23 porting blood between collection points and hos- 24 pitals or storage centers.’’. 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00263 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 264 •HR 3684 RH (2) in subsection (d)(2)(A)(i) by striking ‘‘45 1 miles per hour, in the case of a HOV facility with a 2 speed limit of 50 miles per hour or greater’’ and in- 3 serting ‘‘35 miles per hour, in the case of a HOV fa- 4 cility with a speed limit of 45 miles per hour or 5 greater’’; 6 (3) in subsection (d)(2)(B) by striking ‘‘morning 7 or evening weekday peak hour periods (or both)’’ and 8 inserting ‘‘peak hour periods’’; 9 (4) in subsection (e)— 10 (A) by striking ‘‘Not later than 180 days 11 after the date of enactment of this section, the 12 Administrator’’ and inserting ‘‘The Adminis- 13 trator’’; 14 (B) in paragraph (1) by striking ‘‘and’’ at 15 the end; 16 (C) in paragraph (2) by striking the period 17 at the end and inserting ‘‘; and’’; and 18 (D) by adding at the end the following: 19 ‘‘(3) not later than 180 days after the date of en- 20 actment of the INVEST in America Act, update the 21 requirements established under paragraph (1).’’; and 22 (5) in subsection (f)— 23 (A) in paragraph (1)— 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00264 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 265 •HR 3684 RH (i) by striking subparagraphs (C), (D), 1 and (F); and 2 (ii) by redesignating subparagraphs 3 (E), (G), (H), and (I) as subparagraphs 4 (C), (D), (E), and (F), respectively; and 5 (B) in paragraph (6)(B)(i) by striking 6 ‘‘public entity’’ and inserting ‘‘public transpor- 7 tation service that is a recipient or subrecipient 8 of funds under chapter 53 of title 49’’. 9 SEC. 1112. BUY AMERICA. 10 (a) IN GENERAL.—Section 313 of title 23, United 11 States Code, is amended— 12 (1) in subsection (a)— 13 (A) by striking ‘‘Notwithstanding’’ and in- 14 serting ‘‘IN GENERAL.—Notwithstanding’’; 15 (B) by striking ‘‘Secretary of Transpor- 16 tation’’ and inserting ‘‘Secretary’’; 17 (C) by striking ‘‘the Surface Transportation 18 Assistance Act of 1982 (96 Stat. 2097) or’’; and 19 (D) by striking ‘‘and manufactured prod- 20 ucts’’ and inserting ‘‘manufactured products, 21 and construction materials’’; 22 (2) in subsection (b) by inserting ‘‘DETERMINA- 23 TION.—’’ before ‘‘The provisions’’; 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00265 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 266 •HR 3684 RH (3) in subsection (c) by striking ‘‘For purposes’’ 1 and inserting ‘‘CALCULATION.—For purposes’’; 2 (4) in subsection (d)— 3 (A) by striking ‘‘The Secretary of Transpor- 4 tation’’ and inserting ‘‘REQUIREMENTS.—The 5 Secretary’’; and 6 (B) by striking ‘‘the Surface Transportation 7 Assistance Act of 1982 (96 Stat. 2097) or’’; 8 (5) in subsection (g) by inserting ‘‘or within the 9 scope of the applicable finding, determination, or en- 10 vironmental review decision made pursuant to au- 11 thority granted by the Secretary under section 330, if 12 applicable,’’ before ‘‘regardless of the’’; and 13 (6) by adding at the end the following: 14 ‘‘(h) WAIVER PROCEDURE.— 15 ‘‘(1) IN GENERAL.—Not later than 120 days 16 after the submission of a request for a waiver, the 17 Secretary shall make a determination under para- 18 graph (1) or (2) of subsection (b) as to whether sub- 19 section (a) shall apply. 20 ‘‘(2) PUBLIC NOTIFICATION AND COMMENT.— 21 ‘‘(A) IN GENERAL.—Not later than 30 days 22 before making a determination regarding a 23 waiver described in paragraph (1), the Secretary 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00266 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 267 •HR 3684 RH shall provide notification and an opportunity for 1 public comment on the request for such waiver. 2 ‘‘(B) NOTIFICATION REQUIREMENTS.—The 3 notification required under subparagraph (A) 4 shall— 5 ‘‘(i) describe whether the application is 6 being made for a determination described in 7 subsection (b)(1); and 8 ‘‘(ii) be provided to the public by elec- 9 tronic means, including on the public 10 website of the Department of Transpor- 11 tation. 12 ‘‘(3) DETERMINATION.—Before a determination 13 described in paragraph (1) takes effect, the Secretary 14 shall publish a detailed justification for such deter- 15 mination that addresses all public comments received 16 under paragraph (2)— 17 ‘‘(A) on the public website of the Depart- 18 ment of Transportation; and 19 ‘‘(B) if the Secretary issues a waiver with 20 respect to such determination, in the Federal 21 Register. 22 ‘‘(i) REVIEW OF NATIONWIDE WAIVERS.— 23 ‘‘(1) IN GENERAL.—Not later than 1 year after 24 the date of enactment of this subsection, and at least 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00267 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 268 •HR 3684 RH every 5 years thereafter, the Secretary shall review 1 any standing nationwide waiver issued by the Sec- 2 retary under this section to ensure such waiver re- 3 mains justified. 4 ‘‘(2) PUBLIC NOTIFICATION AND OPPORTUNITY 5 FOR COMMENT.— 6 ‘‘(A) IN GENERAL.—Not later than 30 days 7 before the completion of a review under para- 8 graph (1), the Secretary shall provide notifica- 9 tion and an opportunity for public comment on 10 such review. 11 ‘‘(B) MEANS OF NOTIFICATION.—Notifica- 12 tion provided under this subparagraph shall be 13 provided by electronic means, including on the 14 public website of the Department of Transpor- 15 tation. 16 ‘‘(3) DETAILED JUSTIFICATION IN FEDERAL REG- 17 ISTER.—After the completion of a review under para- 18 graph (1), the Secretary shall publish in the Federal 19 Register a detailed justification for the determination 20 made under paragraph (1) that addresses all public 21 comments received under paragraph (2). 22 ‘‘(4) CONSIDERATION.—In conducting the review 23 under paragraph (1), the Secretary shall consider the 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00268 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 269 •HR 3684 RH research on supply chains carried out under section 1 1112(c) of the INVEST in America Act. 2 ‘‘(j) REPORT.—Not later than 120 days after the last 3 day of each fiscal year, the Secretary shall submit to the 4 Committee on Transportation and Infrastructure of the 5 House of Representatives, the Committee on Appropriations 6 of the House of Representatives, the Committee on Environ- 7 ment and Public Works of the Senate, and the Committee 8 on Appropriations of the Senate a report on the waivers 9 provided under subsection (h) during the previous fiscal 10 year and the justifications for such waivers. 11 ‘‘(k) CONSTRUCTION MATERIALS DEFINED.—In this 12 section, the term ‘construction materials’ means primary 13 materials, except for iron and steel, that are commonly used 14 in highway construction, as determined by the Secretary.’’. 15 (b) CONSTRUCTION MATERIALS.— 16 (1) ESTABLISHMENT OF REQUIREMENTS.—The 17 Secretary shall issue such regulations as are necessary 18 to implement the amendment made subsection 19 (a)(1)(D). Such regulations shall ensure the continued 20 availability of construction materials to carry out 21 projects under title 23, United States Code. 22 (2) CONSIDERATIONS.—The requirements of this 23 section, and the amendments made by this section— 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00269 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 270 •HR 3684 RH (A) shall seek to maximize jobs located in 1 the United States; 2 (B) may establish domestic content require- 3 ments that increase over time, based on the cur- 4 rent and expected future domestic availability of 5 construction materials; and 6 (C) shall take into consideration the re- 7 search conducted under subsection (c). 8 (3) APPLICABILITY.—The amendment made by 9 subsection (a)(1)(D) shall take effect beginning on the 10 date that the Secretary establishes the requirements 11 described under paragraph (1). 12 (c) RESEARCH ON SUPPLY CHAINS.— 13 (1) IN GENERAL.—The Secretary shall conduct 14 research on covered items that are commonly used or 15 acquired under title 23, United States Code, includ- 16 ing— 17 (A) construction materials; 18 (B) manufactured products; 19 (C) vehicles; and 20 (D) alternative fuel infrastructure and elec- 21 tric vehicle supply equipment. 22 (2) CONSIDERATIONS.—The research under para- 23 graph (1) shall consider— 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00270 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 271 •HR 3684 RH (A) the current domestic availability of cov- 1 ered items; 2 (B) the current supply chain for covered 3 items; and 4 (C) the estimated demand, in relation to 5 total United States demand from all sources, for 6 covered items from— 7 (i) procurement under the Federal-aid 8 highway program; 9 (ii) procurement under other programs 10 administered by the Secretary of Transpor- 11 tation; and 12 (iii) other Federal procurement. 13 (3) DOMESTIC SUPPLIERS.—As part of the re- 14 view under this paragraph, the Secretary may estab- 15 lish and maintain a list of known domestic suppliers 16 of covered items. 17 (4) DEFINITION OF COVERED ITEM.—For the 18 purposes of this section, the term ‘‘covered item’’ 19 means any material or product (except for iron and 20 steel) subject to the requirements of section 313(a) of 21 title 23, United States Code, that is commonly used 22 in highway construction or procured under the Fed- 23 eral-aid highway program. 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00271 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 272 •HR 3684 RH (d) IRON AND STEEL.—This section, and the amend- 1 ments made by this section, shall not affect the requirements 2 under section 634.410(b)(1)(ii) of title 23, Code of Federal 3 Regulations, with respect to iron and steel. 4 (e) SAFETEA–LU TECHNICAL CORRECTIONS ACT OF 5 2008.—Section 117 of the SAFETEA–LU Technical Cor- 6 rections Act of 2008 (23 U.S.C. 313 note) is repealed. 7 SEC. 1113. FEDERAL-AID HIGHWAY PROJECT REQUIRE- 8 MENTS. 9 (a) IN GENERAL.—Section 113 of title 23, United 10 States Code, is amended— 11 (1) by striking subsections (a) and (b) and in- 12 serting the following: 13 ‘‘(a) IN GENERAL.—The Secretary shall take such ac- 14 tion as may be necessary to ensure that all laborers and 15 mechanics employed by contractors or subcontractors on 16 construction work performed on projects financed or other- 17 wise assisted in whole or in part by a loan, loan guarantee, 18 grant, credit enhancement, or any other form of Federal as- 19 sistance administered by the Secretary or the Department, 20 including programs to capitalize revolving loan funds and 21 subsequent financing cycles under such funds, shall be paid 22 wages at rates not less than those prevailing on projects 23 of a character similar in the locality, as determined by the 24 Secretary of Labor in accordance with subchapter IV of 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00272 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 273 •HR 3684 RH chapter 31 of title 40. With respect to the labor standards 1 specified in this section, the Secretary of Labor shall have 2 the authority and functions set forth in Reorganization 3 Plan Numbered 14 of 1950 (64 Stat. 1267) and section 3145 4 of title 40.’’; 5 (2) by redesignating subsection (c) as subsection 6 (b); and 7 (3) in subsection (b), as so redesignated, by in- 8 serting ‘‘APPRENTICESHIP AND SKILL TRAINING PRO- 9 GRAMS.—’’ before ‘‘The provisions’’. 10 (b) CONFORMING AMENDMENTS.— 11 (1) Section 133 of title 23, United States Code, 12 is amended by striking subsection (i). 13 (2) Section 167 of title 23, United States Code, 14 is amended by striking subsection (l). 15 (3) Section 1401 of the MAP–21 (23 U.S.C. 137 16 note) is amended by striking subsection (e). 17 SEC. 1114. STATE ASSUMPTION OF RESPONSIBILITY FOR 18 CATEGORICAL EXCLUSIONS. 19 Section 326(c)(3) of title 23, United States Code, is 20 amended— 21 (1) by striking subparagraph (A) and inserting 22 the following: 23 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00273 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 274 •HR 3684 RH ‘‘(A) except as provided under subpara- 1 graph (C), have a term of not more than 3 2 years;’’; 3 (2) in subparagraph (B) by striking the period 4 at the end and inserting ‘‘; and’’; and 5 (3) by adding at the end the following: 6 ‘‘(C) for any State that has assumed the re- 7 sponsibility for categorical exclusions under this 8 section for at least 10 years, have a term of 5 9 years.’’. 10 SEC. 1115. SURFACE TRANSPORTATION PROJECT DELIVERY 11 PROGRAM WRITTEN AGREEMENTS. 12 Section 327 of title 23, United States Code, is amend- 13 ed— 14 (1) in subsection (a)(2)(G) by inserting ‘‘, in- 15 cluding the payment of fees awarded under section 16 2412 of title 28’’ after ‘‘with the project’’. 17 (2) in subsection (c)— 18 (A) by striking paragraph (5) and inserting 19 the following: 20 ‘‘(5) except as provided under paragraph (7), 21 have a term of not more than 5 years;’’; 22 (B) in paragraph (6) by striking the period 23 at the end and inserting ‘‘; and’’; and 24 (C) by adding at the end the following: 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00274 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 275 •HR 3684 RH ‘‘(7) for any State that has participated in a 1 program under this section (or under a predecessor 2 program) for at least 10 years, have a term of 10 3 years.’’; 4 (3) in subsection (g)(1)— 5 (A) in subparagraph (C) by striking ‘‘an- 6 nual’’; 7 (B) in subparagraph (B) by striking ‘‘and’’ 8 at the end; 9 (C) by redesignating subparagraph (C) as 10 subparagraph (D); and 11 (D) by inserting after subparagraph (B) the 12 following: 13 ‘‘(C) in the case of an agreement period of 14 greater than 5 years under subsection (c)(7), con- 15 duct an audit covering the first 5 years of the 16 agreement period; and’’; and 17 (4) by adding at the end the following: 18 ‘‘(m) AGENCY DEEMED TO BE FEDERAL AGENCY.— 19 A State agency that is assigned a responsibility under an 20 agreement under this section shall be deemed to be an agen- 21 cy of the United States for the purposes of section 2412 of 22 title 28.’’. 23 SEC. 1116. CORROSION PREVENTION FOR BRIDGES. 24 (a) DEFINITIONS.—In this section: 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00275 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 276 •HR 3684 RH (1) APPLICABLE BRIDGE PROJECTS.—The term 1 ‘‘applicable bridge projects’’ means a project for con- 2 struction, replacement, rehabilitation, preservation, or 3 protection, other than de minimis work, as deter- 4 mined by the applicable State department of trans- 5 portation, on a bridge project that receives financial 6 assistance under title 23, United States Code. 7 (2) CERTIFIED CONTRACTOR.—The term ‘‘cer- 8 tified contractor’’ means a contracting or subcon- 9 tracting firm that has been certified by an industry- 10 wide recognized third party organization that evalu- 11 ates the capability of the contractor or subcontractor 12 to properly perform 1 or more specified aspects of ap- 13 plicable bridge projects described in subsection (b)(2). 14 (3) QUALIFIED TRAINING PROGRAM.—The term 15 ‘‘qualified training program’’ means a training pro- 16 gram in corrosion control, mitigation, and prevention 17 that is either— 18 (A) offered or accredited by an organization 19 that sets industry corrosion standards; or 20 (B) an industrial coatings applicator train- 21 ing program registered under the Act of August 22 16, 1937 (29 U.S.C. 50 et seq.; commonly known 23 as the ‘‘National Apprenticeship Act’’) that 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00276 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 277 •HR 3684 RH meets the standards of subpart A of part 29 and 1 part 30 of title 29, Code of Federal Regulations. 2 (b) APPLICABLE BRIDGE PROJECTS.— 3 (1) QUALITY CONTROL.—A certified contractor 4 shall carry out aspects of an applicable bridge project 5 described in paragraph (2). 6 (2) ASPECTS OF APPLICABLE BRIDGE 7 PROJECTS.—Aspects of an applicable bridge project 8 referred to in paragraph (1) shall include— 9 (A) surface preparation or coating applica- 10 tion on steel or rebar of an applicable bridge 11 project; 12 (B) removal of a lead-based or other haz- 13 ardous coating from steel of an existing applica- 14 ble bridge project; and 15 (C) shop painting of structural steel or 16 rebar fabricated for installation on an applicable 17 bridge project. 18 (3) CORROSION MANAGEMENT SYSTEM.—In car- 19 rying out an applicable bridge project, a State de- 20 partment of transportation shall— 21 (A) implement a corrosion management sys- 22 tem that utilizes industry-recognized standards 23 and corrosion mitigation and prevention meth- 24 ods to address— 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00277 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 278 •HR 3684 RH (i) surface preparation; 1 (ii) protective coatings; 2 (iii) materials selection; 3 (iv) cathodic protection; 4 (v) corrosion engineering; 5 (vi) personnel training; and 6 (vii) best practices in environmental 7 protection to prevent environmental deg- 8 radation and uphold public health. 9 (B) require certified contractors, for the 10 purpose of carrying out aspects of applicable 11 bridge projects described in paragraph (2), to 12 employ a substantial number of individuals that 13 are trained and certified by a qualified training 14 program as meeting the ANSI/NACE Number 15 13/SSPC–ACS–1 standard or future versions of 16 this standard. 17 (4) CERTIFICATION.—The applicable State de- 18 partment of transportation shall only accept bids for 19 projects that include aspects of applicable bridge 20 projects described in paragraph (2) from a certified 21 contractor that presents written proof that the certifi- 22 cation of such contractor meets the standards of 23 SSPC QP1, QP2, and QP3 or future versions of these 24 standards. 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00278 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 279 •HR 3684 RH (c) TRAINING PROGRAM.—As a condition of entering 1 into a contract for an applicable bridge project, each cer- 2 tified contractor shall provide training, through a qualified 3 training program, for each individual who is not a certified 4 coating applicator but that the certified contractor employs 5 to carry out aspects of applicable bridge projects as de- 6 scribed in subsection (b)(2). 7 SEC. 1117. SENSE OF CONGRESS. 8 It is the sense of Congress that— 9 (1) States should utilize life-cycle cost analysis to 10 evaluate the total economic cost of a transportation 11 project over its expected lifetime; and 12 (2) data indicating that future repair costs asso- 13 ciated with a transportation project frequently total 14 more than half of the initial cost of the project, and 15 that conducting life-cycle cost analysis prior to con- 16 struction will help States identify the most cost-effec- 17 tive option, improve their economic performance, and 18 lower the total cost of building and maintaining the 19 project. 20 SEC. 1118. ACCOMMODATION OF CERTAIN FACILITIES IN 21 RIGHT-OF-WAY. 22 (a) IN GENERAL.—Notwithstanding chapter 1 of title 23 23, United States Code, electric vehicle charging infrastruc- 24 ture, renewable energy generation facilities, electrical trans- 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00279 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 280 •HR 3684 RH mission and distribution infrastructure, and broadband in- 1 frastructure and conduit shall be treated as a facility cov- 2 ered under part 645 of title 23, Code of Federal Regulations 3 (or successor regulations), for purposes of being accommo- 4 dated under section 109(l) of title 23, United States Code. 5 (b) STATE APPROVAL.—A State, on behalf of the Sec- 6 retary of Transportation, may approve the accommodation 7 of the infrastructure and facilities described in subsection 8 (a) within any right-of-way on a Federal-aid highway pur- 9 suant to section 109(l) of title 23, United States Code. 10 SEC. 1119. FEDERAL GRANTS FOR PEDESTRIAN AND BIKE 11 SAFETY IMPROVEMENTS. 12 (a) IN GENERAL.—Notwithstanding any provision of 13 title 23, United States Code, or any regulation issued by 14 the Secretary of Transportation, section 129(a)(3) of such 15 title shall not apply to a covered public authority that re- 16 ceives funding under such title for pedestrian and bike safe- 17 ty improvements. 18 (b) NO TOLL.—A covered public authority may not 19 charge a toll, fee, or other levy for use of such improvements. 20 (c) EFFECTIVE DATE.—A covered public authority 21 shall be eligible for the exemption under subsection (a) for 22 10 years after the date of enactment of this Act. Any such 23 exemption granted shall remain in effect after the effective 24 date described in this section. 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00280 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 281 •HR 3684 RH (d) DEFINITIONS.—In this section, the following defi- 1 nitions apply: 2 (1) COVERED PUBLIC AUTHORITY.—The term 3 ‘‘covered public authority’’ means a public authority 4 with jurisdiction over a toll facility located within 5 both— 6 (A) a National Scenic Area; and 7 (B) the National Trail System. 8 (2) NATIONAL SCENIC AREA.—The term ‘‘Na- 9 tional Scenic Area’’ means an area of the National 10 Forest System federally designated as a National Sce- 11 nic Area in recognition of the outstanding natural, 12 scenic, and recreational values of the area. 13 (3) NATIONAL TRAIL SYSTEM.—The term ‘‘Na- 14 tional Trail System’’ means an area described in sec- 15 tion 3 of the National Trails System Act (16 U.S.C. 16 1242). 17 (4) PUBLIC AUTHORITY; TOLL FACILITY.—The 18 terms ‘‘public authority’’ and ‘‘toll facility’’ have the 19 meanings such terms would have if such terms were 20 included in chapter 1 of title 23, United States Code. 21 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00281 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 282 •HR 3684 RH Subtitle B—Programmatic 1 Infrastructure Investment 2 SEC. 1201. NATIONAL HIGHWAY PERFORMANCE PROGRAM. 3 Section 119 of title 23, United States Code, is amend- 4 ed— 5 (1) by striking subsection (b) and inserting the 6 following: 7 ‘‘(b) PURPOSES.—The purposes of the national high- 8 way performance program shall be— 9 ‘‘(1) to provide support for the condition and 10 performance of the National Highway System, con- 11 sistent with the asset management plans of States; 12 ‘‘(2) to support progress toward the achievement 13 of performance targets of States established under sec- 14 tion 150; 15 ‘‘(3) to increase the resilience of Federal-aid 16 highways and bridges; and 17 ‘‘(4) to provide support for the construction of 18 new facilities on the National Highway System, con- 19 sistent with subsection (d)(3).’’; 20 (2) in subsection (d)— 21 (A) in paragraph (1)(A) by striking ‘‘or 22 freight movement on the National Highway Sys- 23 tem’’ and inserting ‘‘freight movement, environ- 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00282 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 283 •HR 3684 RH mental sustainability, transportation system ac- 1 cess, or combating climate change’’; 2 (B) in paragraph (1)(B) by striking ‘‘and’’ 3 at the end; 4 (C) in paragraph (2)— 5 (i) in subparagraph (G)— 6 (I) in clause (i) by inserting 7 ‘‘and’’ at the end; 8 (II) in clause (ii) by striking ‘‘; 9 and’’ and inserting a period; and 10 (III) by striking clause (iii); 11 (ii) in subparagraph (I) by inserting 12 ‘‘, including the installation of safety bar- 13 riers and nets on bridges on the National 14 Highway System’’ after ‘‘National Highway 15 System’’; and 16 (iii) by adding at the end the fol- 17 lowing: 18 ‘‘(Q) Projects on or off the National High- 19 way System to reduce greenhouse gas emissions 20 that are eligible under section 171, including the 21 installation of electric vehicle charging infra- 22 structure. 23 ‘‘(R) Projects on or off the National High- 24 way System to enhance resilience of a transpor- 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00283 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 284 •HR 3684 RH tation facility eligible under section 124, includ- 1 ing protective features and natural infrastruc- 2 ture. 3 ‘‘(S) Projects and strategies to reduce vehi- 4 cle-caused wildlife mortality related to, or to re- 5 store and maintain connectivity among terres- 6 trial or aquatic habitats affected by, a transpor- 7 tation facility eligible for assistance under this 8 section. 9 ‘‘(T) Projects on or off the National High- 10 way System to improve an evacuation route eli- 11 gible under section 124(b)(1)(C). 12 ‘‘(U) The removal, retrofit, repurposing, re- 13 mediation, or replacement of a highway on the 14 National Highway System that creates a barrier 15 to community connectivity to improve access for 16 multiple modes of transportation.’’; and 17 (D) by adding at the end the following: 18 ‘‘(3) a project that is otherwise eligible under 19 this subsection to construct new capacity for single 20 occupancy passenger vehicles only if the State— 21 ‘‘(A) has demonstrated progress in achiev- 22 ing a state of good repair, as defined in the 23 State’s asset management plan, on the National 24 Highway System; 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00284 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 285 •HR 3684 RH ‘‘(B) demonstrates that the project— 1 ‘‘(i) supports the achievement of per- 2 formance targets of the State established 3 under section 150; and 4 ‘‘(ii) is more cost effective, as deter- 5 mined by benefit-cost analysis, than— 6 ‘‘(I) an operational improvement 7 to the facility or corridor; 8 ‘‘(II) the construction of a public 9 transportation project eligible for as- 10 sistance under chapter 53 of title 49; 11 or 12 ‘‘(III) the construction of a non- 13 single occupancy passenger vehicle 14 project that improves freight move- 15 ment; and 16 ‘‘(C) has a public plan for maintaining and 17 operating the new asset while continuing its 18 progress in achieving a state of good repair 19 under subparagraph (A).’’; 20 (3) in subsection (e)— 21 (A) in the heading by inserting ‘‘ASSET 22 AND’’ after ‘‘STATE’’; 23 (B) in paragraph (4)(D) by striking ‘‘anal- 24 ysis’’ and inserting ‘‘analyses, both of which 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00285 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 286 •HR 3684 RH shall take into consideration climate change ad- 1 aptation and resilience;’’; and 2 (C) in paragraph (8) by striking ‘‘Not later 3 than 18 months after the date of enactment of the 4 MAP–21, the Secretary’’ and inserting ‘‘The Sec- 5 retary’’; and 6 (4) by adding at the end the following: 7 ‘‘(k) BENEFIT-COST ANALYSIS.—In carrying out sub- 8 section (d)(3)(B)(ii), the Secretary shall establish a process 9 for analyzing the cost and benefits of projects under such 10 subsection, ensuring that— 11 ‘‘(1) the benefit-cost analysis includes a calcula- 12 tion of all the benefits addressed in the performance 13 measures established under section 150; 14 ‘‘(2) the benefit-cost analysis includes a consider- 15 ation of the total maintenance cost of an asset over 16 the lifecycle of the asset; and 17 ‘‘(3) the State demonstrates that any transpor- 18 tation demand modeling used to calculate the benefit- 19 cost analysis has a documented record of accuracy.’’. 20 SEC. 1202. INCREASING THE RESILIENCE OF TRANSPOR- 21 TATION ASSETS. 22 (a) PREDISASTER MITIGATION PROGRAM.— 23 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00286 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 287 •HR 3684 RH (1) IN GENERAL.—Chapter 1 of title 23, United 1 States Code, is amended by inserting after section 123 2 the following: 3 ‘‘§ 124. Predisaster mitigation program 4 ‘‘(a) ESTABLISHMENT.—The Secretary shall establish 5 and implement a predisaster mitigation program to en- 6 hance the resilience of the transportation system of the 7 United States, mitigate the impacts of covered events, and 8 ensure the efficient use of Federal resources. 9 ‘‘(b) ELIGIBLE ACTIVITIES.— 10 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 11 funds apportioned to the State under section 12 104(b)(8) may be obligated for— 13 ‘‘(A) construction activities, including con- 14 struction of natural infrastructure or protective 15 features— 16 ‘‘(i) to increase the resilience of a sur- 17 face transportation infrastructure asset to 18 withstand a covered event; 19 ‘‘(ii) to relocate or provide a reason- 20 able alternative to a repeatedly damaged fa- 21 cility; and 22 ‘‘(iii) for an evacuation route identi- 23 fied in the vulnerability assessment required 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00287 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 288 •HR 3684 RH under section 134(i)(2)(I)(iii) or section 1 135(f)(10)(C) to— 2 ‘‘(I) improve the capacity or oper- 3 ation of such evacuation route through 4 communications and intelligent trans- 5 portation system equipment and infra- 6 structure, counterflow measures, and 7 shoulders; and 8 ‘‘(II) relocate such evacuation 9 route or provide a reasonable alter- 10 native to such evacuation route to ad- 11 dress the risk of a covered event; 12 ‘‘(B) resilience planning activities, includ- 13 ing activities described in sections 134(i)(2)(I) 14 and 135(f)(10) of this title and sections 15 5303(i)(2)(I) and 5304(f)(10) of title 49; and 16 ‘‘(C) the development of projects and pro- 17 grams that help States, territories, and regions 18 recover from covered events that significantly 19 disrupt the transportation system, including— 20 ‘‘(i) predisaster training programs that 21 help agencies and regional stakeholders plan 22 for and prepare multimodal recovery efforts; 23 and 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00288 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 289 •HR 3684 RH ‘‘(ii) the establishment of region-wide 1 telework training and programs. 2 ‘‘(2) INFRASTRUCTURE RESILIENCE AND ADAPTA- 3 TION.—No funds shall be obligated to a project under 4 this section unless the project meets each of the fol- 5 lowing criteria: 6 ‘‘(A) The project is designed to ensure resil- 7 ience over the anticipated service life of the sur- 8 face transportation infrastructure asset. 9 ‘‘(B) The project is identified in the metro- 10 politan or statewide transportation improvement 11 program as a project to address resilience 12 vulnerabilities, consistent with section 13 134(j)(3)(E) or 135(g)(5)(B)(iii). 14 ‘‘(3) PRIORITIZATION OF PROJECTS.—A State 15 shall develop a process to prioritize projects under 16 this section based on the degree to which the proposed 17 project would— 18 ‘‘(A) be cost effective in the long-term; 19 ‘‘(B) reduce the risk of disruption to a sur- 20 face transportation infrastructure asset consid- 21 ered critical to support population centers, 22 freight movement, economic activity, evacuation, 23 recovery, national security functions, or critical 24 infrastructure; and 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00289 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 290 •HR 3684 RH ‘‘(C) ease disruptions to vulnerable, at-risk, 1 or transit-dependant populations. 2 ‘‘(c) GUIDANCE.—The Secretary shall provide guid- 3 ance to States to assist with the implementation of para- 4 graphs (2) and (3) of subsection (b). 5 ‘‘(d) DEFINITIONS.—In this section: 6 ‘‘(1) COVERED EVENT.—The term ‘covered event’ 7 means a climate change effect (including sea level 8 rise), flooding, and an extreme event or other natural 9 disaster (including wildfires, seismic activity, and 10 landslides). 11 ‘‘(2) SURFACE TRANSPORTATION INFRASTRUC- 12 TURE ASSET.—The term ‘surface transportation in- 13 frastructure asset’ means a facility eligible for assist- 14 ance under this title or chapter 53 of title 49.’’. 15 (2) CONFORMING AMENDMENT.—The analysis for 16 chapter 1 of title 23, United States Code, is amended 17 by inserting after the item relating to section 123 the 18 following: 19 ‘‘124. Predisaster mitigation program.’’. (b) PROJECTS IN FLOOD-PRONE AREAS.—Section 109 20 of title 23, United States Code, is further amended by add- 21 ing at the end the following: 22 ‘‘(t) PROJECTS IN FLOOD-PRONE AREAS.—For 23 projects and actions that, in whole or in part, encroach 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00290 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 291 •HR 3684 RH within the limits of a flood-prone area, the Secretary shall 1 ensure that such projects and actions are— 2 ‘‘(1) designed and constructed in a way that 3 takes into account, and mitigates where appropriate, 4 flood risk by using hydrologic, hydraulic, and hydro- 5 dynamic data, methods, and analysis that integrate 6 current and projected changes in flooding based on 7 climate science over the anticipated service life of the 8 asset and future forecasted land use changes; and 9 ‘‘(2) designed using analysis that considers the 10 capital costs, risks, and other economic, engineering, 11 social and environmental concerns of constructing a 12 project in a flood-prone area.’’. 13 (c) METROPOLITAN TRANSPORTATION PLANNING.— 14 (1) AMENDMENTS TO TITLE 23.— 15 (A) CLIMATE CHANGE AND RESILIENCE.— 16 Section 134(i)(2) of title 23, United States Code, 17 is amended by adding at the end the following: 18 ‘‘(I) CLIMATE CHANGE AND RESILIENCE.— 19 ‘‘(i) IN GENERAL.—The transportation 20 planning process shall assess strategies to 21 reduce the climate change impacts of the 22 surface transportation system and conduct 23 a vulnerability assessment to identify op- 24 portunities to enhance the resilience of the 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00291 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 292 •HR 3684 RH surface transportation system and ensure 1 the efficient use of Federal resources. 2 ‘‘(ii) CLIMATE CHANGE MITIGATION 3 AND IMPACTS.—A long-range transportation 4 plan shall— 5 ‘‘(I) identify investments and 6 strategies to reduce transportation-re- 7 lated sources of greenhouse gas emis- 8 sions per capita; 9 ‘‘(II) identify investments and 10 strategies to manage transportation de- 11 mand and increase the rates of public 12 transportation ridership, walking, bi- 13 cycling, and carpools; and 14 ‘‘(III) recommend zoning and 15 other land use policies that would sup- 16 port infill, transit-oriented develop- 17 ment, and mixed use development. 18 ‘‘(iii) VULNERABILITY ASSESSMENT.— 19 A long-range transportation plan shall in- 20 corporate a vulnerability assessment that— 21 ‘‘(I) includes a risk-based assess- 22 ment of vulnerabilities of critical 23 transportation assets and systems to 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00292 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 293 •HR 3684 RH covered events (as such term is defined 1 in section 124); 2 ‘‘(II) considers, as applicable, the 3 risk management analysis in the 4 State’s asset management plan devel- 5 oped pursuant to section 119, and the 6 State’s evaluation of reasonable alter- 7 natives to repeatedly damaged facilities 8 conducted under part 667 of title 23, 9 Code of Federal Regulations; 10 ‘‘(III) at the discretion of the met- 11 ropolitan planning organization, iden- 12 tifies evacuation routes, assesses the 13 ability of any such routes to provide 14 safe passage for evacuation, access to 15 health care and public health facilities, 16 and emergency response during an 17 emergency event, and identifies any 18 improvements or redundant facilities 19 necessary to adequately facilitate safe 20 passage; 21 ‘‘(IV) describes the metropolitan 22 planning organization’s adaptation 23 and resilience improvement strategies 24 that will inform the transportation in- 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00293 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 294 •HR 3684 RH vestment decisions of the metropolitan 1 planning organization; and 2 ‘‘(V) is consistent with and com- 3 plementary of the State, Tribal, and 4 local mitigation plans required under 5 section 322 of the Robert T. Stafford 6 Disaster Relief and Emergency Assist- 7 ance Act (42 U.S.C. 5165). 8 ‘‘(iv) CONSULTATION.—The assessment 9 described in this subparagraph shall be de- 10 veloped in consultation with, as appro- 11 priate, State, local, and Tribal officials re- 12 sponsible for land use, housing, resilience, 13 hazard mitigation, and emergency manage- 14 ment.’’. 15 (B) RESILIENCE PROJECTS.—Section 16 134(j)(3) of title 23, United States Code, is 17 amended by adding at the end the following: 18 ‘‘(E) RESILIENCE PROJECTS.—The TIP 19 shall— 20 ‘‘(i) identify any projects that address 21 the vulnerabilities identified by the assess- 22 ment in subsection (i)(2)(I)(iii); and 23 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00294 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 295 •HR 3684 RH ‘‘(ii) describe how each project identi- 1 fied under clause (i) would improve the re- 2 silience of the transportation system.’’. 3 (2) AMENDMENTS TO TITLE 49.— 4 (A) CLIMATE CHANGE AND RESILIENCE.— 5 Section 5303(i)(2) of title 49, United States 6 Code, is amended by adding at the end the fol- 7 lowing: 8 ‘‘(I) CLIMATE CHANGE AND RESILIENCE.— 9 ‘‘(i) IN GENERAL.—The transportation 10 planning process shall assess strategies to 11 reduce the climate change impacts of the 12 surface transportation system and conduct 13 a vulnerability assessment to identify op- 14 portunities to enhance the resilience of the 15 surface transportation system and ensure 16 the efficient use of Federal resources. 17 ‘‘(ii) CLIMATE CHANGE MITIGATION 18 AND IMPACTS.—A long-range transportation 19 plan shall— 20 ‘‘(I) identify investments and 21 strategies to reduce transportation-re- 22 lated sources of greenhouse gas emis- 23 sions per capita; 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00295 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 296 •HR 3684 RH ‘‘(II) identify investments and 1 strategies to manage transportation de- 2 mand and increase the rates of public 3 transportation ridership, walking, bi- 4 cycling, and carpools; and 5 ‘‘(III) recommend zoning and 6 other land use policies that would sup- 7 port infill, transit-oriented develop- 8 ment, and mixed use development. 9 ‘‘(iii) VULNERABILITY ASSESSMENT.— 10 A long-range transportation plan shall in- 11 corporate a vulnerability assessment that— 12 ‘‘(I) includes a risk-based assess- 13 ment of vulnerabilities of critical 14 transportation assets and systems to 15 covered events (as such term is defined 16 in section 124 of title 23); 17 ‘‘(II) considers, as applicable, the 18 risk management analysis in the 19 State’s asset management plan devel- 20 oped pursuant to section 119 of title 21 23, and the State’s evaluation of rea- 22 sonable alternatives to repeatedly dam- 23 aged facilities conducted under part 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00296 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 297 •HR 3684 RH 667 of title 23, Code of Federal Regula- 1 tions; 2 ‘‘(III) at the discretion of the met- 3 ropolitan planning organization, iden- 4 tifies evacuation routes, assesses the 5 ability of any such routes to provide 6 safe passage for evacuation, access to 7 health care and public health facilities, 8 and emergency response during an 9 emergency event, and identifies any 10 improvements or redundant facilities 11 necessary to adequately facilitate safe 12 passage; 13 ‘‘(IV) describes the metropolitan 14 planning organization’s adaptation 15 and resilience improvement strategies 16 that will inform the transportation in- 17 vestment decisions of the metropolitan 18 planning organization; and 19 ‘‘(V) is consistent with and com- 20 plementary of the State, Tribal, and 21 local mitigation plans required under 22 section 322 of the Robert T. Stafford 23 Disaster Relief and Emergency Assist- 24 ance Act (42 U.S.C. 5165). 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00297 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 298 •HR 3684 RH ‘‘(iv) CONSULTATION.—The assessment 1 described in this subparagraph shall be de- 2 veloped in consultation, as appropriate, 3 with State, local, and Tribal officials re- 4 sponsible for land use, housing, resilience, 5 hazard mitigation, and emergency manage- 6 ment.’’. 7 (B) RESILIENCE PROJECTS.—Section 8 5303(j)(3) of title 49, United States Code, is 9 amended by adding at the end the following: 10 ‘‘(E) RESILIENCE PROJECTS.—The TIP 11 shall— 12 ‘‘(i) identify any projects that address 13 the vulnerabilities identified by the assess- 14 ment in subsection (i)(2)(I)(iii); and 15 ‘‘(ii) describe how each project identi- 16 fied under clause (i) would improve the re- 17 silience of the transportation system.’’. 18 (d) STATEWIDE AND NONMETROPOLITAN PLANNING.— 19 (1) AMENDMENTS TO TITLE 23.— 20 (A) CLIMATE CHANGE AND RESILIENCE.— 21 Section 135(f) of title 23, United States Code, is 22 amended by adding at the end the following: 23 ‘‘(10) CLIMATE CHANGE AND RESILIENCE.— 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00298 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 299 •HR 3684 RH ‘‘(A) IN GENERAL.—The transportation 1 planning process shall assess strategies to reduce 2 the climate change impacts of the surface trans- 3 portation system and conduct a vulnerability as- 4 sessment to identify opportunities to enhance the 5 resilience of the surface transportation system 6 and ensure the efficient use of Federal resources. 7 ‘‘(B) CLIMATE CHANGE MITIGATION AND IM- 8 PACTS.—A long-range transportation plan 9 shall— 10 ‘‘(i) identify investments and strategies 11 to reduce transportation-related sources of 12 greenhouse gas emissions per capita; 13 ‘‘(ii) identify investments and strate- 14 gies to manage transportation demand and 15 increase the rates of public transportation 16 ridership, walking, bicycling, and carpools; 17 and 18 ‘‘(iii) recommend zoning and other 19 land use policies that would support infill, 20 transit-oriented development, and mixed use 21 development. 22 ‘‘(C) VULNERABILITY ASSESSMENT.—A 23 long-range transportation plan shall incorporate 24 a vulnerability assessment that— 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00299 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 300 •HR 3684 RH ‘‘(i) includes a risk-based assessment of 1 vulnerabilities of critical transportation as- 2 sets and systems to covered events (as such 3 term is defined in section 124); 4 ‘‘(ii) considers, as applicable, the risk 5 management analysis in the State’s asset 6 management plan developed pursuant to 7 section 119, and the State’s evaluation of 8 reasonable alternatives to repeatedly dam- 9 aged facilities conducted under part 667 of 10 title 23, Code of Federal Regulations; 11 ‘‘(iii) identifies evacuation routes, as- 12 sesses the ability of any such routes to pro- 13 vide safe passage for evacuation, access to 14 health care and public health facilities, and 15 emergency response during an emergency 16 event, and identifies any improvements or 17 redundant facilities necessary to adequately 18 facilitate safe passage; 19 ‘‘(iv) describes the States’s adaptation 20 and resilience improvement strategies that 21 will inform the transportation investment 22 decisions of the State; and 23 ‘‘(v) is consistent with and complemen- 24 tary of the State, Tribal, and local mitiga- 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00300 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 301 •HR 3684 RH tion plans required under section 322 of the 1 Robert T. Stafford Disaster Relief and 2 Emergency Assistance Act (42 U.S.C. 5165). 3 ‘‘(D) CONSULTATION.—The assessment de- 4 scribed in this paragraph shall be developed in 5 consultation with, as appropriate, metropolitan 6 planning organizations and State, local, and 7 Tribal officials responsible for land use, housing, 8 resilience, hazard mitigation, and emergency 9 management.’’. 10 (B) RESILIENCE PROJECTS.—Section 11 135(g)(5)(B) of title 23, United States Code, is 12 amended by adding at the end the following: 13 ‘‘(iii) RESILIENCE PROJECTS.—The 14 STIP shall— 15 ‘‘(I) identify projects that address 16 the vulnerabilities identified by the as- 17 sessment in subsection (i)(10)(B); and 18 ‘‘(II) describe how each project 19 identified under subclause (I) would 20 improve the resilience of the transpor- 21 tation system.’’. 22 (2) AMENDMENTS TO TITLE 49.— 23 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00301 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 302 •HR 3684 RH (A) CLIMATE CHANGE AND RESILIENCE.— 1 Section 5304(f) of title 49, United States Code, 2 is amended by adding at the end the following: 3 ‘‘(10) CLIMATE CHANGE AND RESILIENCE.— 4 ‘‘(A) IN GENERAL.—The transportation 5 planning process shall assess strategies to reduce 6 the climate change impacts of the surface trans- 7 portation system and conduct a vulnerability as- 8 sessment to identify opportunities to enhance the 9 resilience of the surface transportation system 10 and ensure the efficient use of Federal resources. 11 ‘‘(B) CLIMATE CHANGE MITIGATION AND IM- 12 PACTS.—A long-range transportation plan 13 shall— 14 ‘‘(i) identify investments and strategies 15 to reduce transportation-related sources of 16 greenhouse gas emissions per capita; 17 ‘‘(ii) identify investments and strate- 18 gies to manage transportation demand and 19 increase the rates of public transportation 20 ridership, walking, bicycling, and carpools; 21 and 22 ‘‘(iii) recommend zoning and other 23 land use policies that would support infill, 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00302 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 303 •HR 3684 RH transit-oriented development, and mixed use 1 development. 2 ‘‘(C) VULNERABILITY ASSESSMENT.—A 3 long-range transportation plan shall incorporate 4 a vulnerability assessment that— 5 ‘‘(i) includes a risk-based assessment of 6 vulnerabilities of critical transportation as- 7 sets and systems to covered events (as such 8 term is defined in section 124 of title 23); 9 ‘‘(ii) considers, as applicable, the risk 10 management analysis in the State’s asset 11 management plan developed pursuant to 12 section 119 of title 23, and the State’s eval- 13 uation of reasonable alternatives to repeat- 14 edly damaged facilities conducted under 15 part 667 of title 23, Code of Federal Regu- 16 lations; 17 ‘‘(iii) identifies evacuation routes, as- 18 sesses the ability of any such routes to pro- 19 vide safe passage for evacuation, access to 20 health care and public health facilities, and 21 emergency response during an emergency 22 event, and identifies any improvements or 23 redundant facilities necessary to adequately 24 facilitate safe passage; 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00303 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 304 •HR 3684 RH ‘‘(iv) describes the State’s adaptation 1 and resilience improvement strategies that 2 will inform the transportation investment 3 decisions of the State; and 4 ‘‘(v) is consistent with and complemen- 5 tary of the State, Tribal, and local mitiga- 6 tion plans required under section 322 of the 7 Robert T. Stafford Disaster Relief and 8 Emergency Assistance Act (42 U.S.C. 5165). 9 ‘‘(D) CONSULTATION.—The assessment de- 10 scribed in this paragraph shall be developed in 11 consultation with, as appropriate, metropolitan 12 planning organizations and State, local, and 13 Tribal officials responsible for land use, housing, 14 resilience, hazard mitigation, and emergency 15 management.’’. 16 (B) RESILIENCE PROJECTS.—Section 17 5304(g)(5)(B) of title 49, United States Code, is 18 amended by adding at the end the following: 19 ‘‘(iii) RESILIENCE PROJECTS.—The 20 STIP shall— 21 ‘‘(I) identify projects that address 22 the vulnerabilities identified by the as- 23 sessment in subsection (i)(10)(B); and 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00304 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 305 •HR 3684 RH ‘‘(II) describe how each project 1 identified under subclause (I) would 2 improve the resilience of the transpor- 3 tation system.’’. 4 SEC. 1203. EMERGENCY RELIEF. 5 (a) IN GENERAL.—Section 125 of title 23, United 6 States Code, is amended— 7 (1) in subsection (a)(1) by inserting ‘‘wildfire,’’ 8 after ‘‘severe storm,’’; 9 (2) by striking subsection (b); 10 (3) in subsection (c)(2)(A) by striking ‘‘in any 11 1 fiscal year commencing after September 30, 1980,’’ 12 and inserting ‘‘in any fiscal year’’; 13 (4) in subsection (d)— 14 (A) in paragraph (3)(C) by striking ‘‘(as 15 defined in subsection (e)(1))’’; 16 (B) by redesignating paragraph (3) as 17 paragraph (4); and 18 (C) by striking paragraphs (1) and (2) and 19 inserting the following: 20 ‘‘(1) IN GENERAL.—The Secretary may expend 21 funds from the emergency fund authorized by this sec- 22 tion only for the repair or reconstruction of highways 23 on Federal-aid highways in accordance with this 24 chapter. 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00305 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 306 •HR 3684 RH ‘‘(2) RESTRICTIONS.— 1 ‘‘(A) IN GENERAL.—No funds shall be ex- 2 pended from the emergency fund authorized by 3 this section unless— 4 ‘‘(i) an emergency has been declared by 5 the Governor of the State with concurrence 6 by the Secretary, unless the President has 7 declared the emergency to be a major dis- 8 aster for the purposes of the Robert T. Staf- 9 ford Disaster Relief and Emergency Assist- 10 ance Act (42 U.S.C. 5121 et seq.) for which 11 concurrence of the Secretary is not required; 12 and 13 ‘‘(ii) the Secretary has received an ap- 14 plication from the State transportation de- 15 partment that includes a comprehensive list 16 of all eligible project sites and repair costs 17 by not later than 2 years after the natural 18 disaster or catastrophic failure. 19 ‘‘(B) COST LIMITATION.—The total cost of a 20 project funded under this section may not exceed 21 the cost of repair or reconstruction of a com- 22 parable facility unless the Secretary determines 23 that the project incorporates economically justi- 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00306 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 307 •HR 3684 RH fied betterments, including protective features to 1 increase the resilience of the facility. 2 ‘‘(C) REPEATEDLY DAMAGED FACILITIES.— 3 An application submitted under this section for 4 the permanent repair or reconstruction of a re- 5 peatedly damaged facility shall include consider- 6 ation and, if feasible, incorporation of economi- 7 cally justifiable betterments, including protective 8 features, to increase the resilience of such facil- 9 ity. 10 ‘‘(3) SPECIAL RULE FOR BRIDGE PROJECTS.—In 11 no case shall funds be used under this section for the 12 repair or reconstruction of a bridge— 13 ‘‘(A) that has been permanently closed to all 14 vehicular traffic by the State or responsible local 15 official because of imminent danger of collapse 16 due to a structural deficiency or physical dete- 17 rioration; or 18 ‘‘(B) if a construction phase of a replace- 19 ment structure is included in the approved state- 20 wide transportation improvement program at 21 the time of an event described in subsection (a).’’; 22 (5) in subsection (e)— 23 (A) by striking paragraph (1); 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00307 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 308 •HR 3684 RH (B) in paragraph (2) by striking ‘‘sub- 1 section (d)(1)’’ and inserting ‘‘subsection (c)(1)’’; 2 and 3 (C) by redesignating paragraphs (2) and 4 (3), as amended, as paragraphs (1) and (2), re- 5 spectively; 6 (6) by redesignating subsections (c) through (g), 7 as amended, as subsections (b) through (f), respec- 8 tively; and 9 (7) by adding at the end the following: 10 ‘‘(g) IMPOSITION OF DEADLINE.— 11 ‘‘(1) IN GENERAL.—Notwithstanding any other 12 provision of law, the Secretary may not require any 13 project funded under this section to advance to the 14 construction obligation stage before the date that is 15 the last day of the sixth fiscal year after the later of— 16 ‘‘(A) the date on which the Governor de- 17 clared the emergency, as described in subsection 18 (c)(2)(A)(i); or 19 ‘‘(B) the date on which the President de- 20 clared the emergency to be a major disaster, as 21 described in such subsection. 22 ‘‘(2) EXTENSION OF DEADLINE.—If the Secretary 23 imposes a deadline for advancement to the construc- 24 tion obligation stage pursuant to paragraph (1), the 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00308 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 309 •HR 3684 RH Secretary may, upon the request of the Governor of 1 the State, issue an extension of not more than 1 year 2 to complete such advancement, and may issue addi- 3 tional extensions after the expiration of any exten- 4 sion, if the Secretary determines the Governor of the 5 State has provided suitable justification to warrant 6 such an extension. 7 ‘‘(h) HAZARD MITIGATION PILOT PROGRAM.— 8 ‘‘(1) IN GENERAL.—The Secretary shall establish 9 a hazard mitigation pilot program for the purpose of 10 mitigating future hazards posed to Federal-aid high- 11 ways, Federal lands transportation facilities, and 12 Tribal transportation facilities. 13 ‘‘(2) ALLOCATION OF FUNDS.— 14 ‘‘(A) AUTHORIZATION OF APPROPRIA- 15 TIONS.—There is authorized to be appropriated 16 such sums as may be necessary for the pilot pro- 17 gram established under this subsection. 18 ‘‘(B) CALCULATION.—Annually, the Sec- 19 retary shall calculate the total amount of out- 20 standing eligible repair costs under the emer- 21 gency relief program under this section, includ- 22 ing the emergency relief backlog, for each State, 23 territory, and Indian Tribe. 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00309 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 310 •HR 3684 RH ‘‘(C) ALLOCATION.—Any amounts made 1 available under this subsection shall be distrib- 2 uted to each State, territory, or Indian Tribe 3 based on— 4 ‘‘(i) the ratio that the total amount of 5 outstanding eligible repair costs for such 6 State, territory, or Indian Tribe, as de- 7 scribed under subparagraph (B); bears to 8 ‘‘(ii) the total amount of outstanding 9 eligible repair costs for all States, terri- 10 tories, and Indian Tribes, as described 11 under subparagraph (B). 12 ‘‘(D) LIMITATION.—The allocation to a 13 State, territory, or Indian Tribe described under 14 subparagraph (C) shall not exceed 5 percent of 15 the total amount of outstanding eligible repair 16 costs under the emergency relief program for 17 such State, territory, or Indian Tribe, as de- 18 scribed in subparagraph (B). 19 ‘‘(3) ELIGIBLE ACTIVITIES.—Amounts made 20 available under this subsection shall be used for pro- 21 tective features or other hazard mitigation activities 22 that— 23 ‘‘(A) the Secretary determines are cost effec- 24 tive and that reduce the risk of, or increase the 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00310 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 311 •HR 3684 RH resilience to, future damage to existing assets as 1 a result of natural disasters; and 2 ‘‘(B) are eligible under section 124. 3 ‘‘(4) REPORT.—For each fiscal year in which 4 funding is made available for the program under this 5 subsection, the Secretary shall submit to the Com- 6 mittee on Transportation and Infrastructure of the 7 House of Representatives and the Committee on Envi- 8 ronment and Public Works of the Senate a report de- 9 tailing— 10 ‘‘(A) a description of the activities carried 11 out under the pilot program; 12 ‘‘(B) an evaluation of the effectiveness of the 13 pilot program in meeting purposes described in 14 paragraph (1); and 15 ‘‘(C) policy recommendations to improve the 16 effectiveness of the pilot program. 17 ‘‘(5) SUNSET.—The authority provided under 18 this subsection shall terminate on October 1, 2025. 19 ‘‘(i) IMPROVING THE EMERGENCY RELIEF PRO- 20 GRAM.—Not later than 1 year after the date of enactment 21 of the INVEST in America Act, the Secretary shall— 22 ‘‘(1) revise the emergency relief manual of the 23 Federal Highway Administration— 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00311 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 312 •HR 3684 RH ‘‘(A) to include and reflect the definition of 1 the term ‘resilience’ (as defined in section 2 101(a)); 3 ‘‘(B) to identify procedures that States may 4 use to incorporate resilience into emergency relief 5 projects; and 6 ‘‘(C) to consider economically justified bet- 7 terments in emergency relief projects, such as— 8 ‘‘(i) protective features that increase 9 the resilience of the facility; and 10 ‘‘(ii) incorporation of context sensitive 11 design principles and other planned better- 12 ments that improve the safety of the facility; 13 ‘‘(2) consider transportation system access for 14 moderate and low-income families impacted by a 15 major disaster or emergency declared by the President 16 under section 401 of the Robert T. Stafford Disaster 17 Relief and Emergency Assistance Act (42 U.S.C. 18 5170); 19 ‘‘(3) develop best practices for improving the use 20 of resilience in— 21 ‘‘(A) the emergency relief program under 22 this section; and 23 ‘‘(B) emergency relief efforts; 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00312 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 313 •HR 3684 RH ‘‘(4) provide to division offices of the Federal 1 Highway Administration and State departments of 2 transportation information on the best practices de- 3 veloped under paragraph (2); and 4 ‘‘(5) develop and implement a process to track— 5 ‘‘(A) the consideration of resilience as part 6 of the emergency relief program under this sec- 7 tion; and 8 ‘‘(B) the costs of emergency relief projects. 9 ‘‘(j) DEFINITIONS.—In this section: 10 ‘‘(1) COMPARABLE FACILITY.—The term ‘com- 11 parable facility’ means a facility that meets the cur- 12 rent geometric and construction standards required 13 for the types and volume of traffic that the facility 14 will carry over its design life. 15 ‘‘(2) CONSTRUCTION PHASE.—The term ‘con- 16 struction phase’ means the phase of physical construc- 17 tion of a highway or bridge facility that is separate 18 from any other identified phases, such as planning, 19 design, or right-of-way phases, in the State transpor- 20 tation improvement program. 21 ‘‘(3) OPEN TO PUBLIC TRAVEL.—The term ‘open 22 to public travel’ means with respect to a road, that, 23 except during scheduled periods, extreme weather con- 24 ditions, or emergencies, the road— 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00313 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 314 •HR 3684 RH ‘‘(A) is maintained; 1 ‘‘(B) is open to the general public; and 2 ‘‘(C) can accommodate travel by a standard 3 passenger vehicle, without restrictive gates or 4 prohibitive signs or regulations, other than for 5 general traffic control or restrictions based on 6 size, weight, or class of registration. 7 ‘‘(4) STANDARD PASSENGER VEHICLE.—The term 8 ‘standard passenger vehicle’ means a vehicle with 6 9 inches of clearance from the lowest point of the frame, 10 body, suspension, or differential to the ground.’’. 11 (b) CONFORMING AMENDMENTS.— 12 (1) FEDERAL LANDS AND TRIBAL TRANSPOR- 13 TATION PROGRAMS.—Section 201(c)(8)(A) of title 23, 14 United States Code, is amended by striking ‘‘section 15 125(e)’’ and inserting ‘‘section 125(j)’’. 16 (2) TRIBAL TRANSPORTATION PROGRAM.—Sec- 17 tion 202(b)(6)(A) of title 23, United States Code, is 18 amended by striking ‘‘section 125(e)’’ and inserting 19 ‘‘section 125(d)’’. 20 (c) REPEAL.—Section 668.105(h) of title 23, Code of 21 Federal Regulations, is repealed. 22 SEC. 1204. RAILWAY CROSSINGS. 23 (a) IN GENERAL.—Section 130 of title 23, United 24 States Code, is amended— 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00314 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 315 •HR 3684 RH (1) in the section heading by striking ‘‘Rail- 1 way-highway crossings’’ and inserting ‘‘Rail- 2 way crossings’’; 3 (2) in subsection (a)— 4 (A) by striking ‘‘Subject to section 120 and 5 subsection (b) of this section, the entire’’ and in- 6 serting ‘‘IN GENERAL.—The’’; 7 (B) by striking ‘‘then the entire’’ and in- 8 serting ‘‘the’’; and 9 (C) by striking ‘‘, subject to section 120 and 10 subsection (b) of this section,’’; 11 (3) by amending subsection (b) to read as fol- 12 lows: 13 ‘‘(b) CLASSIFICATION.— 14 ‘‘(1) IN GENERAL.—The construction of projects 15 for the elimination of hazards at railway crossings 16 represents a benefit to the railroad. The Secretary 17 shall classify the various types of projects involved in 18 the elimination of hazards of railway-highway cross- 19 ings, and shall set for each such classification a per- 20 centage of the total project cost that represent the ben- 21 efit to the railroad or railroads for the purpose of de- 22 termining the railroad’s share of the total project cost. 23 The Secretary shall determine the appropriate classi- 24 fication of each project. 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00315 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 316 •HR 3684 RH ‘‘(2) NONCASH CONTRIBUTIONS.— 1 ‘‘(A) IN GENERAL.—Not more than 5 per- 2 cent of the cost share described in paragraph (1) 3 may be attributable to noncash contributions of 4 materials and labor furnished by the railroad in 5 connection with the construction of such project. 6 ‘‘(B) REQUIREMENT.—The requirements 7 under section 200.306 and 200.403(g) of title 2, 8 Code of Federal Regulations (or successor regula- 9 tions), shall apply to any noncash contributions 10 under this subsection. 11 ‘‘(3) TOTAL PROJECT COST.—For the purposes of 12 this subsection, the determination of the railroad’s 13 share of the total project cost shall include environ- 14 ment, design, right-of-way, utility accommodation, 15 and construction phases of the project.’’; 16 (4) in subsection (c)— 17 (A) by striking ‘‘Any railroad involved’’ 18 and inserting ‘‘BENEFIT.—Any railroad in- 19 volved’’; 20 (B) by striking ‘‘the net benefit’’ and insert- 21 ing ‘‘the cost associated with the benefit’’; and 22 (C) by striking ‘‘Such payment may consist 23 in whole or in part of materials and labor fur- 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00316 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 317 •HR 3684 RH nished by the railroad in connection with the 1 construction of such project.’’; 2 (5) by striking subsection (e) and inserting the 3 following: 4 ‘‘(e) RAILWAY CROSSINGS.— 5 ‘‘(1) ELIGIBLE ACTIVITIES.—Funds apportioned 6 to a State under section 104(b)(7) may be obligated 7 for the following: 8 ‘‘(A) The elimination of hazards at rail- 9 way-highway crossings, including technology or 10 protective upgrades. 11 ‘‘(B) Construction or installation of protec- 12 tive devices (including replacement of function- 13 ally obsolete protective devices) at railway-high- 14 way crossings. 15 ‘‘(C) Infrastructure and noninfrastructure 16 projects and strategies to prevent or reduce sui- 17 cide or trespasser fatalities and injuries along 18 railroad rights-of-way and at or near railway- 19 highway crossings. 20 ‘‘(D) Projects to mitigate any degradation 21 in the level of access from a highway-grade cross- 22 ing closure. 23 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00317 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 318 •HR 3684 RH ‘‘(E) Bicycle and pedestrian railway grade 1 crossing improvements, including underpasses 2 and overpasses. 3 ‘‘(F) Projects eligible under section 4 22907(c)(5) of title 49, provided that amounts 5 obligated under this subparagraph— 6 ‘‘(i) shall be administered by the Sec- 7 retary in accordance with such section as if 8 such amounts were made available to carry 9 out such section; and 10 ‘‘(ii) may be used to pay up to 90 per- 11 cent of the non-Federal share of the cost of 12 a project carried out under such section. 13 ‘‘(2) SPECIAL RULE.—If a State demonstrates to 14 the satisfaction of the Secretary that the State has 15 met all its needs for installation of protective devices 16 at railway-highway crossings, the State may use 17 funds made available by this section for other high- 18 way safety improvement program purposes.’’; 19 (6) by striking subsection (f) and inserting the 20 following: 21 ‘‘(f) FEDERAL SHARE.—Notwithstanding section 120, 22 the Federal share payable on account of any project fi- 23 nanced with funds made available to carry out subsection 24 (e) shall be up to 90 percent of the cost thereof.’’; 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00318 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 319 •HR 3684 RH (7) by striking subsection (g) and inserting the 1 following: 2 ‘‘(g) REPORT.— 3 ‘‘(1) STATE REPORT.— 4 ‘‘(A) IN GENERAL.—Not later than 2 years 5 after the date of enactment of the INVEST in 6 America Act, and at least biennially thereafter, 7 each State shall submit to the Secretary a report 8 on the progress being made to implement the 9 railway crossings program authorized by this 10 section and the effectiveness of projects to im- 11 prove railway crossing safety. 12 ‘‘(B) CONTENTS.—Each State report under 13 subparagraph (A) shall contain an assessment of 14 the costs of the various treatments employed and 15 subsequent accident experience at improved loca- 16 tions. 17 ‘‘(2) DEPARTMENTAL REPORT.— 18 ‘‘(A) IN GENERAL.—Not later than 180 19 days after the deadline for the submission of a 20 report under paragraph (1)(A), the Secretary 21 shall publish on the website of the Department of 22 Transportation a report on the progress being 23 made by the State in implementing projects to 24 improve railway crossings. 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00319 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 320 •HR 3684 RH ‘‘(B) CONTENTS.—The report under sub- 1 paragraph (A) shall include— 2 ‘‘(i) the number of projects undertaken; 3 ‘‘(ii) distribution of such projects by 4 cost range, road system, nature of treat- 5 ment, and subsequent accident experience at 6 improved locations; 7 ‘‘(iii) an analysis and evaluation of 8 each State program; 9 ‘‘(iv) the identification of any State 10 found not to be in compliance with the 11 schedule of improvements required by sub- 12 section (d); and 13 ‘‘(v) recommendations for future imple- 14 mentation of the railway crossings pro- 15 gram.’’; 16 (8) in subsection (j)— 17 (A) in the heading by inserting ‘‘AND PE- 18 DESTRIAN’’ after ‘‘BICYCLE’’; and 19 (B) by inserting ‘‘and pedestrian’’ after ‘‘bi- 20 cycle’’; and 21 (9) in subsection (l)— 22 (A) in paragraph (1) by striking ‘‘Not later 23 than’’ and all that follows through ‘‘each State’’ 24 and inserting ‘‘Not later than 6 months after a 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00320 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 321 •HR 3684 RH new railway crossing becomes operational, each 1 State’’; and 2 (B) in paragraph (2) by striking ‘‘On a 3 periodic’’ and all that follows through ‘‘every 4 year thereafter’’ and inserting ‘‘On or before 5 September 30 of each year’’. 6 (b) CLERICAL AMENDMENT.—The analysis for chapter 7 1 of title 23, United States Code, is amended by amending 8 the item relating to section 130 to read as follows: 9 ‘‘130. Railway crossings.’’. (c) GAO STUDY.—Not later than 2 years after the date 10 of enactment of this Act, the Comptroller General of the 11 United States shall submit to Congress a report that in- 12 cludes an analysis of the effectiveness of the railway cross- 13 ing program under section 130 of title 23, United States 14 Code. 15 (d) SENSE OF CONGRESS RELATING TO TRESPASSER 16 DEATHS ALONG RAILROAD RIGHTS-OF-WAY.—It is the 17 sense of Congress that the Department of Transportation 18 should, where feasible, coordinate departmental efforts to 19 prevent or reduce trespasser deaths along railroad rights- 20 of-way and at or near railway-highway crossings. 21 SEC. 1205. SURFACE TRANSPORTATION PROGRAM. 22 (a) IN GENERAL.—Section 133 of title 23, United 23 States Code, is amended— 24 (1) in the heading by striking ‘‘block grant’’; 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00321 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 322 •HR 3684 RH (2) in subsection (a) by striking ‘‘block grant’’; 1 (3) in subsection (b)— 2 (A) by striking ‘‘block grant’’; 3 (B) in paragraph (1)(B) by inserting ‘‘, ex- 4 cept that for the purposes of this section hover- 5 craft and terminal facilities for hovercraft engag- 6 ing in water transit for passengers or vehicles 7 shall be considered ferry boats and ferry ter- 8 minal facilities eligible under section 129(c)’’ 9 after ‘‘section 129(c)’’; 10 (C) in paragraph (4) by striking ‘‘railway- 11 highway grade crossings’’ and inserting ‘‘projects 12 eligible under section 130 and installation of 13 safety barriers and nets on bridges’’; 14 (D) in paragraph (6)— 15 (i) by striking ‘‘Recreational’’ and in- 16 serting ‘‘Transportation alternatives 17 projects eligible under subsection (h), rec- 18 reational’’; and 19 (ii) by striking ‘‘1404 of SAFETEA– 20 LU (23 U.S.C. 402 note)’’ and inserting 21 ‘‘211’’; 22 (E) in paragraph (12) by striking ‘‘travel’’ 23 and inserting ‘‘transportation’’; and 24 (F) by adding at the end the following: 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00322 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 323 •HR 3684 RH ‘‘(16) Protective features (including natural in- 1 frastructure and vegetation control and clearance) to 2 enhance the resilience of a transportation facility oth- 3 erwise eligible for assistance under this section. 4 ‘‘(17) Projects to reduce greenhouse gas emissions 5 eligible under section 171, including the installation 6 of electric vehicle charging infrastructure. 7 ‘‘(18) Projects and strategies to reduce vehicle- 8 caused wildlife mortality related to, or to restore and 9 maintain connectivity among terrestrial or aquatic 10 habitats affected by, a transportation facility other- 11 wise eligible for assistance under this section. 12 ‘‘(19) A surface transportation project carried 13 out in accordance with the national travel and tour- 14 ism infrastructure strategic plan under section 15 1431(e) of the FAST Act (49 U.S.C. 301 note). 16 ‘‘(20) roads in rural areas that primarily serve 17 to transport agricultural products from a farm or 18 ranch to a marketplace. 19 ‘‘(21) The removal, retrofit, repurposing, remedi- 20 ation, or replacement of a highway or other transpor- 21 tation facility that creates a barrier to community 22 connectivity to improve access for multiple modes of 23 transportation.’’; 24 (4) in subsection (c)— 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00323 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 324 •HR 3684 RH (A) by striking ‘‘block grant’’ and inserting 1 ‘‘program’’; 2 (B) by striking paragraph (3) and inserting 3 the following: 4 ‘‘(3) for a project described in— 5 ‘‘(A) subsection (h); or 6 ‘‘(B) section 101(a)(29), as in effect on the 7 day before the date of enactment of the FAST 8 Act;’’; 9 (C) by redesignating paragraph (4) as 10 paragraph (5); and 11 (D) by inserting after paragraph (3) the fol- 12 lowing: 13 ‘‘(4) for a project described in section 5308 of 14 title 49; and’’; 15 (5) in subsection (d)— 16 (A) in paragraph (1)— 17 (i) by inserting ‘‘each fiscal year’’ after 18 ‘‘apportioned to a State’’; 19 (ii) by striking ‘‘the reservation of’’ 20 and inserting ‘‘setting aside’’; and 21 (iii) in subparagraph (A)— 22 (I) by striking ‘‘the percentage 23 specified in paragraph (6) for a fiscal 24 year’’ and inserting ‘‘57 percent for 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00324 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 325 •HR 3684 RH fiscal year 2023, 58 percent for fiscal 1 year 2024, 59 percent for fiscal year 2 2025, and 60 percent for fiscal year 3 2026’’; 4 (II) in clause (i) by striking ‘‘of 5 over’’ and inserting ‘‘greater than’’; 6 and 7 (III) by striking clauses (ii) and 8 (iii) and inserting the following: 9 ‘‘(ii) in urbanized areas of the State 10 with an urbanized area population greater 11 than 49,999 and less than 200,001; 12 ‘‘(iii) in urban areas of the State with 13 a population greater than 4,999 and less 14 than 50,000; and 15 ‘‘(iv) in other areas of the State with 16 a population less than 5,000; and’’; 17 (B) by striking paragraph (3) and inserting 18 the following: 19 ‘‘(3) LOCAL COORDINATION AND CONSULTA- 20 TION.— 21 ‘‘(A) COORDINATION WITH METROPOLITAN 22 PLANNING ORGANIZATIONS.—For purposes of 23 paragraph (1)(A)(ii), a State shall— 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00325 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 326 •HR 3684 RH ‘‘(i) establish a process to coordinate 1 with all metropolitan planning organiza- 2 tions in the State that represent an urban- 3 ized area described in such paragraph; and 4 ‘‘(ii) describe how funds described 5 under paragraph (1)(A)(ii) will be allocated 6 equitably among such urbanized areas dur- 7 ing the period of fiscal years 2023 through 8 2026. 9 ‘‘(B) JOINT RESPONSIBILITY.—Each State 10 and the Secretary shall jointly ensure compli- 11 ance with subparagraph (A). 12 ‘‘(C) CONSULTATION WITH REGIONAL 13 TRANSPORTATION PLANNING ORGANIZATIONS.— 14 For purposes of clauses (iii) and (iv) of para- 15 graph (1)(A), before obligating funding attrib- 16 uted to an area with a population less than 17 50,000, a State shall consult with the regional 18 transportation planning organizations that rep- 19 resent the area, if any.’’; 20 (C) in the heading for paragraph (4) by 21 striking ‘‘OVER 200,000’’ and inserting ‘‘GREATER 22 THAN 200,000’’; 23 (D) by striking paragraph (6) and insert- 24 ing the following: 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00326 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 327 •HR 3684 RH ‘‘(6) TECHNICAL ASSISTANCE.— 1 ‘‘(A) IN GENERAL.—The State and all met- 2 ropolitan planning organizations in the State 3 that represent an urbanized area with a popu- 4 lation of greater than 200,000 may jointly estab- 5 lish a program to improve the ability of appli- 6 cants to deliver projects under this subsection in 7 an efficient and expeditious manner and reduce 8 the period of time between the selection of the 9 project and the obligation of funds for the project 10 by providing— 11 ‘‘(i) technical assistance and training 12 to applicants for projects under this sub- 13 section; and 14 ‘‘(ii) funding for one or more full-time 15 State, regional, or local government em- 16 ployee positions to administer this sub- 17 section. 18 ‘‘(B) ELIGIBLE FUNDS.—To carry out this 19 paragraph, a State or metropolitan planning or- 20 ganization may use funds made available under 21 paragraphs (2) or (6) of section 104(b) 22 ‘‘(C) USE OF FUNDS.—Amounts used under 23 this paragraph may be expended— 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00327 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 328 •HR 3684 RH ‘‘(i) directly by the State or metropoli- 1 tan planning organization; or 2 ‘‘(ii) through contracts with State 3 agencies, private entities, or nonprofit orga- 4 nizations.’’; 5 (6) in subsection (e)— 6 (A) in paragraph (1)— 7 (i) by striking ‘‘over 200,000’’ and in- 8 serting ‘‘greater than 200,000’’; and 9 (ii) by striking ‘‘2016 through 2020’’ 10 and inserting ‘‘2023 through 2026’’; and 11 (B) by adding at the end the following: 12 ‘‘(3) ANNUAL AMOUNTS.—To the extent prac- 13 ticable, each State shall annually notify each affected 14 metropolitan planning organization as to the amount 15 of obligation authority that will be made available 16 under paragraph (1) to each affected metropolitan 17 planning organization for the fiscal year.’’; 18 (7) by striking subsection (f) and inserting the 19 following: 20 ‘‘(f) BRIDGES NOT ON FEDERAL-AID HIGHWAYS.— 21 ‘‘(1) DEFINITION OF OFF-SYSTEM BRIDGE.—In 22 this subsection, the term ‘off-system bridge’ means a 23 bridge located on a public road, other than a bridge 24 on a Federal-aid highway. 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00328 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 329 •HR 3684 RH ‘‘(2) SPECIAL RULE.— 1 ‘‘(A) SET ASIDE.—Of the amounts appor- 2 tioned to a State for each fiscal year under this 3 section other than the amounts described in sub- 4 paragraph (C), the State shall obligate for ac- 5 tivities described in subsection (b)(2) (as in effect 6 on the day before the date of enactment of the 7 FAST Act) for off-system bridges an amount 8 that is not less than 20 percent of the amounts 9 available to such State under this section in fis- 10 cal year 2020, not including the amounts de- 11 scribed in subparagraph (C). 12 ‘‘(B) REDUCTION OF EXPENDITURES.—The 13 Secretary, after consultation with State and 14 local officials, may reduce the requirement for 15 expenditures for off-system bridges under sub- 16 paragraph (A) with respect to the State if the 17 Secretary determines that the State has inad- 18 equate needs to justify the expenditure. 19 ‘‘(C) LIMITATIONS.—The following amounts 20 shall not be used for the purposes of meeting the 21 requirements of subparagraph (A): 22 ‘‘(i) Amounts described in section 23 133(d)(1)(A). 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00329 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 330 •HR 3684 RH ‘‘(ii) Amounts set aside under section 1 133(h). 2 ‘‘(iii) Amounts described in section 3 505(a). 4 ‘‘(3) CREDIT FOR BRIDGES NOT ON FEDERAL-AID 5 HIGHWAYS.—Notwithstanding any other provision of 6 law, with respect to any project not on a Federal-aid 7 highway for the replacement of a bridge or rehabilita- 8 tion of a bridge that is wholly funded from State and 9 local sources, is eligible for Federal funds under this 10 section, is certified by the State to have been carried 11 out in accordance with all standards applicable to 12 such projects under this section, and is determined by 13 the Secretary upon completion to be no longer a defi- 14 cient bridge— 15 ‘‘(A) any amount expended after the date of 16 enactment of this subsection from State and local 17 sources for the project in excess of 20 percent of 18 the cost of construction of the project may be 19 credited to the non-Federal share of the cost of 20 other bridge projects in the State that are eligible 21 for Federal funds under this section; and 22 ‘‘(B) that crediting shall be conducted in ac- 23 cordance with procedures established by the Sec- 24 retary.’’; and 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00330 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 331 •HR 3684 RH (8) in subsection (g)— 1 (A) in the heading by striking ‘‘5,000’’ and 2 inserting ‘‘50,000’’; and 3 (B) in paragraph (1) by striking ‘‘sub- 4 section (d)(1)(A)(ii)’’ and all that follows 5 through the period at the end and inserting 6 ‘‘clauses (iii) and (iv) of subsection (d)(1)(A) for 7 each fiscal year may be obligated on roads func- 8 tionally classified as rural minor collectors or 9 local roads or on critical rural freight corridors 10 designated under section 167(e).’’. 11 (b) CLERICAL AMENDMENT.—The analysis for chapter 12 1 of title 23, United States Code, is amended by striking 13 the item relating to section 133 and inserting the following: 14 ‘‘133. Surface transportation program.’’. (c) CONFORMING AMENDMENTS.— 15 (1) ADVANCE ACQUISITION OF REAL PROP- 16 ERTY.—Section 108(c) of title 23, United States Code, 17 is amended— 18 (A) in paragraph (2)(A) by striking ‘‘block 19 grant’’; and 20 (B) in paragraph (3) by striking ‘‘block 21 grant’’. 22 (2) PUBLIC TRANSPORTATION.—Section 23 142(e)(2) of title 23, United States Code, is amended 24 by striking ‘‘block grant’’. 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00331 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 332 •HR 3684 RH (3) HIGHWAY USE TAX EVASION PROJECTS.— 1 Section 143(b)(8) of title 23, United States Code, is 2 amended in the heading by striking ‘‘BLOCK GRANT’’. 3 (4) CONGESTION MITIGATION AND AIR QUALITY 4 IMPROVEMENT PROGRAM.—Section 149(d) of title 23, 5 United States Code, is amended— 6 (A) in paragraph (1)(B) by striking ‘‘block 7 grant’’; and 8 (B) in paragraph (2)(A) by striking ‘‘block 9 grant’’. 10 (5) TERRITORIAL AND PUERTO RICO HIGHWAY 11 PROGRAM.—Section 165 of title 23, United States 12 Code, is amended— 13 (A) in subsection (b)(2)(A)(ii) by striking 14 ‘‘block grant’’ each time such term appears; and 15 (B) in subsection (c)(6)(A)(i) by striking 16 ‘‘block grant’’. 17 (6) MAGNETIC LEVITATION TRANSPORTATION 18 TECHNOLOGY DEPLOYMENT PROGRAM.—Section 19 322(h)(3) of title 23, United States Code, is amended 20 by striking ‘‘block grant’’. 21 (7) TRAINING AND EDUCATION.—Section 22 504(a)(4) of title 23, United States Code, is amended 23 by striking ‘‘block grant’’. 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00332 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 333 •HR 3684 RH SEC. 1206. TRANSPORTATION ALTERNATIVES PROGRAM. 1 Section 133(h) of title 23, United States Code, is 2 amended to read as follows: 3 ‘‘(h) TRANSPORTATION ALTERNATIVES PROGRAM SET- 4 ASIDE.— 5 ‘‘(1) SET ASIDE.—For each fiscal year, of the 6 total funds apportioned to all States under section 7 104(b)(2) for a fiscal year, the Secretary shall set 8 aside an amount such that— 9 ‘‘(A) the Secretary sets aside a total amount 10 under this subsection for a fiscal year equal to 11 10 percent of such total funds; and 12 ‘‘(B) the State’s share of the amount set 13 aside under subparagraph (A) is determined by 14 multiplying the amount set aside under subpara- 15 graph (A) by the ratio that— 16 ‘‘(i) the amount apportioned to the 17 State for the transportation enhancement 18 program for fiscal year 2009 under section 19 133(d)(2), as in effect on the day before the 20 date of enactment of MAP–21; bears to 21 ‘‘(ii) the total amount of funds appor- 22 tioned to all States for the transportation 23 enhancements program for fiscal year 2009. 24 ‘‘(2) ALLOCATION WITHIN A STATE.— 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00333 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 334 •HR 3684 RH ‘‘(A) IN GENERAL.—Except as provided in 1 subparagraph (B), funds set aside for a State 2 under paragraph (1) shall be obligated within 3 that State in the manner described in subsections 4 (d) and (e), except that, for purposes of this 5 paragraph (after funds are made available under 6 paragraph (5))— 7 ‘‘(i) for each fiscal year, the percentage 8 referred to in paragraph (1)(A) of sub- 9 section (d) shall be deemed to be 66 percent; 10 and 11 ‘‘(ii) paragraph (3) of subsection (d) 12 shall not apply. 13 ‘‘(B) LOCAL CONTROL.— 14 ‘‘(i) IN GENERAL.—A State may make 15 available up to 100 percent of the funds set 16 aside under paragraph (1) to the entities 17 described in subclause (I) if the State sub- 18 mits to the Secretary, and the Secretary ap- 19 proves, a plan that describes— 20 ‘‘(I) how such funds shall be made 21 available to metropolitan planning or- 22 ganizations, regional transportation 23 planning organizations, counties, or 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00334 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 335 •HR 3684 RH other regional transportation authori- 1 ties; 2 ‘‘(II) how the entities described in 3 subclause (I) shall select projects for 4 funding and how such entities shall re- 5 port selected projects to the State; 6 ‘‘(III) the legal, financial, and 7 technical capacity of such entities; and 8 ‘‘(IV) the procedures in place to 9 ensure such entities comply with the 10 requirements of this title. 11 ‘‘(ii) REQUIREMENT.—A State that 12 makes funding available under a plan ap- 13 proved under this subparagraph shall make 14 available an equivalent amount of obliga- 15 tion authority to an entity described in 16 clause (i)(I) to whom funds are made avail- 17 able under this subparagraph. 18 ‘‘(3) ELIGIBLE PROJECTS.—Funds set aside 19 under this subsection may be obligated for any of the 20 following projects or activities: 21 ‘‘(A) Construction, planning, and design of 22 on-road and off-road trail facilities for pedes- 23 trians, bicyclists, and other nonmotorized forms 24 of transportation, including sidewalks, bicycle 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00335 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 336 •HR 3684 RH infrastructure, pedestrian and bicycle signals, 1 traffic calming techniques, lighting and other 2 safety-related infrastructure, and transportation 3 projects to achieve compliance with the Ameri- 4 cans with Disabilities Act of 1990 (42 U.S.C. 5 12101 et seq.). 6 ‘‘(B) Construction, planning, and design of 7 infrastructure-related projects and systems that 8 will provide safe routes for nondrivers, including 9 children, older adults, and individuals with dis- 10 abilities to access daily needs. 11 ‘‘(C) Conversion and use of abandoned rail- 12 road corridors for trails for pedestrians, 13 bicyclists, or other nonmotorized transportation 14 users. 15 ‘‘(D) Construction of turnouts, overlooks, 16 and viewing areas. 17 ‘‘(E) Community improvement activities, 18 including— 19 ‘‘(i) inventory, control, or removal of 20 outdoor advertising; 21 ‘‘(ii) historic preservation and reha- 22 bilitation of historic transportation facili- 23 ties; 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00336 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 337 •HR 3684 RH ‘‘(iii) vegetation management practices 1 in transportation rights-of-way to improve 2 roadway safety, prevent against invasive 3 species, facilitate wildfire control, and pro- 4 vide erosion control; and 5 ‘‘(iv) archaeological activities relating 6 to impacts from implementation of a trans- 7 portation project eligible under this title. 8 ‘‘(F) Any environmental mitigation activ- 9 ity, including pollution prevention and pollution 10 abatement activities and mitigation to address 11 stormwater management, control, and water pol- 12 lution prevention or abatement related to high- 13 way construction or due to highway runoff, in- 14 cluding activities described in sections 328(a) 15 and 329. 16 ‘‘(G) Projects and strategies to reduce vehi- 17 cle-caused wildlife mortality related to, or to re- 18 store and maintain connectivity among terres- 19 trial or aquatic habitats affected by, a transpor- 20 tation facility otherwise eligible for assistance 21 under this subsection. 22 ‘‘(H) The recreational trails program under 23 section 206. 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00337 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 338 •HR 3684 RH ‘‘(I) The safe routes to school program 1 under section 211. 2 ‘‘(J) Activities in furtherance of a vulner- 3 able road user assessment described in section 4 148. 5 ‘‘(K) Any other projects or activities de- 6 scribed in section 101(a)(29) or section 213, as 7 such sections were in effect on the day before the 8 date of enactment of the FAST Act (Public Law 9 114–94). 10 ‘‘(4) ACCESS TO FUNDS.— 11 ‘‘(A) IN GENERAL.—A State, metropolitan 12 planning organization required to obligate funds 13 in accordance with paragraph (2)(A), or an en- 14 tity required to obligate funds in accordance 15 with paragraph (2)(B) shall develop a competi- 16 tive process to allow eligible entities to submit 17 projects for funding that achieve the objectives of 18 this subsection. A metropolitan planning organi- 19 zation for an area described in subsection 20 (d)(1)(A)(i) shall select projects under such proc- 21 ess in consultation with the relevant State. 22 ‘‘(B) PRIORITY.—The processes described in 23 subparagraph (A) shall prioritize project loca- 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00338 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 339 •HR 3684 RH tion and impact in low-income, transit-depend- 1 ent, or other high-need areas. 2 ‘‘(C) ELIGIBLE ENTITY DEFINED.—In this 3 paragraph, the term ‘eligible entity’ means— 4 ‘‘(i) a local government, including a 5 county or multi-county special district; 6 ‘‘(ii) a regional transportation author- 7 ity; 8 ‘‘(iii) a transit agency; 9 ‘‘(iv) a natural resource or public land 10 agency; 11 ‘‘(v) a school district, local education 12 agency, or school; 13 ‘‘(vi) a tribal government; 14 ‘‘(vii) a metropolitan planning organi- 15 zation that serves an urbanized area with a 16 population of 200,000 or fewer; 17 ‘‘(viii) a nonprofit organization car- 18 rying out activities related to transpor- 19 tation; 20 ‘‘(ix) any other local or regional gov- 21 ernmental entity with responsibility for or 22 oversight of transportation or recreational 23 trails (other than a metropolitan planning 24 organization that serves an urbanized area 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00339 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 340 •HR 3684 RH with a population of over 200,000 or a 1 State agency) that the State determines to 2 be eligible, consistent with the goals of this 3 subsection; and 4 ‘‘(x) a State, at the request of any enti- 5 ty listed in clauses (i) through (ix). 6 ‘‘(5) CONTINUATION OF CERTAIN RECREATIONAL 7 TRAILS PROJECTS.— 8 ‘‘(A) IN GENERAL.—For each fiscal year, a 9 State shall— 10 ‘‘(i) obligate an amount of funds set 11 aside under this subsection equal to 175 12 percent of the amount of the funds appor- 13 tioned to the State for fiscal year 2009 14 under section 104(h)(2), as in effect on the 15 day before the date of enactment of MAP– 16 21, for projects relating to recreational 17 trails under section 206; 18 ‘‘(ii) return 1 percent of the funds de- 19 scribed in clause (i) to the Secretary for the 20 administration of such program; and 21 ‘‘(iii) comply with the provisions of the 22 administration of the recreational trails 23 program under section 206, including the 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00340 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 341 •HR 3684 RH use of apportioned funds described in sub- 1 section (d)(3)(A) of such section. 2 ‘‘(B) STATE FLEXIBILITY.—A State may 3 opt out of the recreational trails program under 4 this paragraph if the Governor of the State noti- 5 fies the Secretary not later than 30 days prior 6 to the date on which an apportionment is made 7 under section 104 for any fiscal year. 8 ‘‘(6) IMPROVING ACCESSIBILITY AND EFFI- 9 CIENCY.— 10 ‘‘(A) IN GENERAL.—A State may use an 11 amount equal to not more than 5 percent of the 12 funds set aside for the State under this sub- 13 section, after allocating funds in accordance with 14 paragraph (2)(A), to improve the ability of ap- 15 plicants to access funding for projects under this 16 subsection in an efficient and expeditious man- 17 ner by providing— 18 ‘‘(i) to applicants for projects under 19 this subsection application assistance, tech- 20 nical assistance, and assistance in reducing 21 the period of time between the selection of 22 the project and the obligation of funds for 23 the project; and 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00341 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 342 •HR 3684 RH ‘‘(ii) funding for one or more full-time 1 State employee positions to administer this 2 subsection. 3 ‘‘(B) USE OF FUNDS.—Amounts used under 4 subparagraph (A) may be expended— 5 ‘‘(i) directly by the State; or 6 ‘‘(ii) through contracts with State 7 agencies, private entities, or nonprofit enti- 8 ties. 9 ‘‘(C) IMPROVING PROJECT DELIVERY.— 10 ‘‘(i) IN GENERAL.—The Secretary shall 11 take such action as may be necessary, con- 12 sistent with Federal requirements, to facili- 13 tate efficient and timely delivery of projects 14 under this subsection that are small, low 15 impact, and constructed within an existing 16 built environment. 17 ‘‘(ii) CONSIDERATIONS.—The Secretary 18 shall consider the use of programmatic 19 agreements, expedited or alternative pro- 20 curement processes (including project bun- 21 dling), and other effective practices to facili- 22 tate the goals of this paragraph. 23 ‘‘(7) FEDERAL SHARE.— 24 ‘‘(A) FLEXIBLE MATCH.— 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00342 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 343 •HR 3684 RH ‘‘(i) IN GENERAL.—Notwithstanding 1 section 120— 2 ‘‘(I) the non-Federal share for a 3 project under this subsection may be 4 calculated on a project, multiple- 5 project, or program basis; and 6 ‘‘(II) the Federal share of the cost 7 of an individual project in this sub- 8 section may be up to 100 percent. 9 ‘‘(ii) AGGREGATE NON-FEDERAL 10 SHARE.—The average annual non-Federal 11 share of the total cost of all projects for 12 which funds are obligated under this sub- 13 section in a State for a fiscal year shall be 14 not less than the non-Federal share author- 15 ized for the State under section 120. 16 ‘‘(iii) REQUIREMENT.—This subpara- 17 graph shall only apply to a State if such 18 State has adequate financial controls, as 19 certified by the Secretary, to account for the 20 average annual non-Federal share under 21 this subparagraph. 22 ‘‘(B) SAFETY PROJECTS.—Notwithstanding 23 section 120, funds made available to carry out 24 section 148 may be credited toward the non-Fed- 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00343 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 344 •HR 3684 RH eral share of the costs of a project under this sub- 1 section if the project— 2 ‘‘(i) is a project described in section 3 148(e)(1); and 4 ‘‘(ii) is consistent with the State stra- 5 tegic highway safety plan (as defined in sec- 6 tion 148(a)). 7 ‘‘(8) FLEXIBILITY.— 8 ‘‘(A) STATE AUTHORITY.— 9 ‘‘(i) IN GENERAL.—A State may use 10 not more than 50 percent of the funds set 11 aside under this subsection that are avail- 12 able for obligation in any area of the State 13 (suballocated consistent with the require- 14 ments of subsection (d)(1)(B)) for any pur- 15 pose eligible under subsection (b). 16 ‘‘(ii) RESTRICTION.—Funds may be 17 used as described in clause (i) only if the 18 State demonstrates to the Secretary— 19 ‘‘(I) that the State held a competi- 20 tion in compliance with the require- 21 ments of this subsection in such form 22 as the Secretary determines appro- 23 priate; 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00344 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 345 •HR 3684 RH ‘‘(II) that the State offered tech- 1 nical assistance to all eligible entities 2 and provided such assistance upon re- 3 quest by an eligible entity; and 4 ‘‘(III) that there were not suffi- 5 cient suitable applications from eligible 6 entities to use the funds described in 7 clause (i). 8 ‘‘(B) MPO AUTHORITY.— 9 ‘‘(i) IN GENERAL.—A metropolitan 10 planning organization that represents an 11 urbanized area with a population of greater 12 than 200,000 may use not more than 50 13 percent of the funds set aside under this 14 subsection for an urbanized area described 15 in subsection (d)(1)(A)(i) for any purpose 16 eligible under subsection (b). 17 ‘‘(ii) RESTRICTION.—Funds may be 18 used as described in clause (i) only if the 19 Secretary certifies that the metropolitan 20 planning organization— 21 ‘‘(I) held a competition in compli- 22 ance with the requirements of this sub- 23 section in such form as the Secretary 24 determines appropriate; and 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00345 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 346 •HR 3684 RH ‘‘(II) demonstrates that there were 1 not sufficient suitable applications 2 from eligible entities to use the funds 3 described in clause (i). 4 ‘‘(9) ANNUAL REPORTS.— 5 ‘‘(A) IN GENERAL.—Each State or metro- 6 politan planning organization responsible for 7 carrying out the requirements of this subsection 8 shall submit to the Secretary an annual report 9 that describes— 10 ‘‘(i) the number of project applications 11 received for each fiscal year, including— 12 ‘‘(I) the aggregate cost of the 13 projects for which applications are re- 14 ceived; and 15 ‘‘(II) the types of projects by eligi- 16 bility category to be carried out, ex- 17 pressed as percentages of the total ap- 18 portionment of the State under this 19 subsection; and 20 ‘‘(ii) the list of each project selected for 21 funding for each fiscal year, including 22 specifying the fiscal year for which the 23 project was selected, the fiscal year in which 24 the project is anticipated to be funded, the 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00346 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 347 •HR 3684 RH recipient, the funding sources (including 1 non-Federal match), the project status, the 2 specific location, the congressional district, 3 the type by eligibility category, and a brief 4 description. 5 ‘‘(B) PUBLIC AVAILABILITY.—The Secretary 6 shall make available to the public, in a user- 7 friendly format on the website of the Department 8 of Transportation, a copy of each annual report 9 submitted under subparagraph (A).’’. 10 SEC. 1207. BRIDGE INVESTMENT. 11 (a) IN GENERAL.—Section 144 of title 23, United 12 States Code, is amended— 13 (1) in the section heading by striking ‘‘Na- 14 tional bridge and tunnel inventory and 15 inspection standards’’ and inserting ‘‘Bridges 16 and tunnels’’; 17 (2) in subsection (a)(1)(B) by striking ‘‘defi- 18 cient’’; 19 (3) in subsection (b)(5) by striking ‘‘structurally 20 deficient bridge’’ and inserting ‘‘bridge classified as 21 in poor condition’’; 22 (4) in subsection (d)— 23 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00347 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 348 •HR 3684 RH (A) in paragraph (2) by striking ‘‘Not later 1 than 2 years after the date of enactment of the 2 MAP–21, each’’ and inserting ‘‘Each’’; and 3 (B) by striking paragraph (4); 4 (5) in subsection (j)— 5 (A) in paragraph (2) by inserting ‘‘, 124,’’ 6 after ‘‘section 119’’; 7 (B) in paragraph (3)(A) by inserting ‘‘, 8 124,’’ after ‘‘section 119’’; and 9 (C) in paragraph (5) by striking ‘‘financial 10 characteristics’’ and all that follows through the 11 end and inserting ‘‘Federal share.’’; and 12 (6) by adding at the end the following: 13 ‘‘(l) HIGHWAY BRIDGE REPLACEMENT AND REHABILI- 14 TATION.— 15 ‘‘(1) GOALS.—The goals of this subsection shall 16 be to— 17 ‘‘(A) support the achievement of a state of 18 good repair for the Nation’s bridges; 19 ‘‘(B) improve the safety, efficiency, and reli- 20 ability of the movement of people and freight 21 over bridges; and 22 ‘‘(C) improve the condition of bridges in the 23 United States by reducing— 24 ‘‘(i) the number of bridges— 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00348 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 349 •HR 3684 RH ‘‘(I) in poor condition; or 1 ‘‘(II) in fair condition and at risk 2 of falling into poor condition; 3 ‘‘(ii) the total person miles traveled 4 over bridges— 5 ‘‘(I) in poor condition; or 6 ‘‘(II) in fair condition and at risk 7 of falling into poor condition; 8 ‘‘(iii) the number of bridges that— 9 ‘‘(I) do not meet current geometric 10 design standards; or 11 ‘‘(II) cannot meet the load and 12 traffic requirements typical of the re- 13 gional transportation network; and 14 ‘‘(iv) the total person miles traveled 15 over bridges that— 16 ‘‘(I) do not meet current geometric 17 design standards; or 18 ‘‘(II) cannot meet the load and 19 traffic requirements typical of the re- 20 gional transportation network. 21 ‘‘(2) BRIDGES ON PUBLIC ROADS.— 22 ‘‘(A) MINIMUM BRIDGE INVESTMENT.—Ex- 23 cluding the amounts described in subparagraph 24 (C), of the total funds apportioned to a State 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00349 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 350 •HR 3684 RH under paragraphs (1) and (2) of section 104(b) 1 for fiscal years 2023 to 2026, a State shall obli- 2 gate not less than 20 percent for projects de- 3 scribed in subparagraph (E). 4 ‘‘(B) PROGRAM FLEXIBILITY.—A State re- 5 quired to obligate funds under subparagraph (A) 6 may use any combination of funds apportioned 7 to a State under paragraphs (1) and (2) of sec- 8 tion 104(b). 9 ‘‘(C) LIMITATION.—Amounts described 10 below may not be used for the purposes of calcu- 11 lating or meeting the minimum bridge invest- 12 ment requirement under subparagraph (A)— 13 ‘‘(i) amounts described in section 14 133(d)(1)(A); 15 ‘‘(ii) amounts set aside under section 16 133(h); and 17 ‘‘(iii) amounts described in section 18 505(a). 19 ‘‘(D) RULE OF CONSTRUCTION.—Nothing in 20 this section shall be construed to prohibit the ex- 21 penditure of funds described in subparagraph 22 (C) for bridge projects eligible under such sec- 23 tion. 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00350 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 351 •HR 3684 RH ‘‘(E) ELIGIBLE PROJECTS.—Funds required 1 to be obligated in accordance with paragraph 2 (2)(A) may be obligated for projects or activities 3 that— 4 ‘‘(i) are otherwise eligible under either 5 section 119 or section 133, as applicable; 6 ‘‘(ii) support the achievement of per- 7 formance targets of the State established 8 under section 150, are consistent with the 9 transportation asset management plan of 10 the State, or provide support for the condi- 11 tion and performance of bridges on public 12 roads within the State; and 13 ‘‘(iii) remove, replace, reconstruct, re- 14 habilitate, preserve, or protect a bridge in- 15 cluded on the national bridge inventory au- 16 thorized by subsection (b), including 17 through— 18 ‘‘(I) seismic retrofits; 19 ‘‘(II) systematic preventive main- 20 tenance; 21 ‘‘(III) installation of scour coun- 22 termeasures; 23 ‘‘(IV) the use of innovative mate- 24 rials that extend the service life of the 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00351 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 352 •HR 3684 RH bridge and reduce preservation costs, 1 as compared to conventionally designed 2 and constructed bridges; 3 ‘‘(V) the use of nontraditional 4 production techniques, including fac- 5 tory prefabrication; 6 ‘‘(VI) painting for purposes of 7 bridge protection; 8 ‘‘(VII) application of calcium 9 magnesium acetate, sodium acetate/for- 10 mate, or other environmentally accept- 11 able, minimally corrosive anti-icing 12 and deicing compositions; 13 ‘‘(VIII) corrosion control; 14 ‘‘(IX) construction of protective 15 features (including natural infrastruc- 16 ture) alone or in combination with 17 other activities eligible under this 18 paragraph to enhance resilience of a 19 bridge; 20 ‘‘(X) bridge security counter- 21 measures; 22 ‘‘(XI) impact protection measures 23 for bridges; 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00352 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 353 •HR 3684 RH ‘‘(XII) inspection and evaluation 1 of bridges; 2 ‘‘(XIII) training for bridge in- 3 spectors consistent with subsection (i); 4 and 5 ‘‘(XIV) removal of a bridge classi- 6 fied as in poor condition in order to 7 improve community connectivity. 8 ‘‘(F) BUNDLES OF PROJECTS.—A State 9 may use a bundle of projects as described in sub- 10 section (j) to satisfy the requirements of subpara- 11 graph (A), if each project in the bundle is other- 12 wise eligible under subparagraph (E). 13 ‘‘(G) FLEXIBILITY.—The Secretary may, at 14 the request of a State, reduce the required obliga- 15 tion under subparagraph (A) if— 16 ‘‘(i) the reduction is consistent with a 17 State’s asset management plan for the Na- 18 tional Highway System; 19 ‘‘(ii) the reduction will not limit a 20 State’s ability to meet its performance tar- 21 gets under section 150 or to improve the 22 condition and performance of bridges on 23 public roads within the State; and 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00353 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 354 •HR 3684 RH ‘‘(iii) the State demonstrates that it 1 has inadequate needs to justify the expendi- 2 ture. 3 ‘‘(H) BRIDGE INVESTMENT REPORT.—The 4 Secretary shall annually publish on the website 5 of the Department of Transportation a bridge in- 6 vestment report that includes— 7 ‘‘(i) the total Federal funding obligated 8 for bridge projects in the most recent fiscal 9 year, on a State-by-State basis and broken 10 out by Federal program; 11 ‘‘(ii) the total Federal funding obli- 12 gated, on a State-by-State basis and broken 13 out by Federal program, for bridge projects 14 carried out pursuant to the minimum 15 bridge investment requirements under sub- 16 paragraph (A); 17 ‘‘(iii) the progress made by each State 18 toward meeting the minimum bridge invest- 19 ment requirement under subparagraph (A) 20 for such State, both cumulatively and for 21 the most recent fiscal year; 22 ‘‘(iv) a summary of— 23 ‘‘(I) each request made under sub- 24 paragraph (G) by a State for a reduc- 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00354 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 355 •HR 3684 RH tion in the minimum bridge invest- 1 ment requirement under subparagraph 2 (A); and 3 ‘‘(II) for each request described in 4 subclause (I) that is granted by the 5 Secretary— 6 ‘‘(aa) the percentage and dol- 7 lar amount of the reduction; and 8 ‘‘(bb) an explanation of how 9 the State met each of the criteria 10 described in subparagraph (G); 11 and 12 ‘‘(v) a summary of— 13 ‘‘(I) each request made by a State 14 for a reduction in the obligation re- 15 quirements under section 133(f); and 16 ‘‘(II) for each request that is 17 granted by the Secretary— 18 ‘‘(aa) the percentage and dol- 19 lar amount of the reduction; and 20 ‘‘(bb) an explanation of how 21 the Secretary made the determina- 22 tion under section 133(f)(2)(B). 23 ‘‘(I) OFF-SYSTEM BRIDGES.—A State may 24 apply amounts obligated under this subsection or 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00355 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 356 •HR 3684 RH section 133(f)(2)(A) to the obligation require- 1 ments of both this subsection and section 133(f). 2 ‘‘(J) NHS PENALTY.—A State may apply 3 amounts obligated under this subsection or sec- 4 tion 119(f)(2) to the obligation requirements of 5 both this subsection and section 119(f)(2). 6 ‘‘(K) COMPLIANCE.—If a State fails to sat- 7 isfy the requirements of subparagraph (A) by the 8 end of fiscal year 2025, the Secretary may sub- 9 ject the State to appropriate program sanctions 10 under section 1.36 of title 23, Code of Federal 11 Regulations (or successor regulations).’’. 12 (b) CLERICAL AMENDMENT.—The analysis for chapter 13 1 of title 23, United States Code, is amended by striking 14 the item relating to section 144 and inserting the following: 15 ‘‘144. Bridges and tunnels.’’. SEC. 1208. CONSTRUCTION OF FERRY BOATS AND FERRY 16 TERMINAL FACILITIES. 17 Section 147 of title 23, United States Code, is amend- 18 ed— 19 (1) by striking subsection (h); and 20 (2) by redesignating subsections (i) and (j) as 21 subsections (h) and (i), respectively. 22 SEC. 1209. HIGHWAY SAFETY IMPROVEMENT PROGRAM. 23 (a) IN GENERAL.—Section 148 of title 23, United 24 States Code, is amended— 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00356 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 357 •HR 3684 RH (1) in subsection (a)— 1 (A) in paragraph (4)(B)— 2 (i) by striking ‘‘only includes a 3 project’’ and inserting ‘‘includes a project’’; 4 (ii) in clause (xiii) by inserting ‘‘, in- 5 cluding the development of a vulnerable 6 road user safety assessment or a vision zero 7 plan under section 1601 of the INVEST in 8 America Act’’ after ‘‘safety planning’’; 9 (iii) by amending clause (xviii) to read 10 as follows: 11 ‘‘(xviii) Safe routes to school infra- 12 structure-related projects eligible under sec- 13 tion 211.’’; 14 (iv) in clause (xxvi) by inserting ‘‘or 15 leading pedestrian intervals’’ after ‘‘hybrid 16 beacons’’; and 17 (v) by striking clause (xxviii) and in- 18 serting the following: 19 ‘‘(xxviii) A pedestrian security feature 20 designed to slow or stop a motor vehicle. 21 ‘‘(xxix) Installation of infrastructure 22 improvements, including sidewalks, cross- 23 walks, signage, and bus stop shelters or pro- 24 tected waiting areas.’’; 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00357 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 358 •HR 3684 RH (B) in paragraph (11)— 1 (i) in subparagraph (A)— 2 (I) in clause (ix) by striking 3 ‘‘and’’ at the end; 4 (II) by redesignating clause (x) as 5 clause (xi); and 6 (III) by inserting after clause (ix) 7 the following: 8 ‘‘(x) State or local representatives of 9 educational agencies to address safe routes 10 to school and schoolbus safety; and’’; 11 (ii) in subparagraph (E) by inserting 12 ‘‘Tribal,’’ after ‘‘State,’’; 13 (iii) by redesignating subparagraphs 14 (G), (H), and (I) as subparagraphs (H), 15 (I), and (J), respectively; and 16 (iv) by inserting after subparagraph 17 (F) the following: 18 ‘‘(G) includes a vulnerable road user safety 19 assessment described under paragraph (16);’’; 20 (C) by redesignating paragraphs (10), (11), 21 and (12) as paragraphs (12), (13), and (14), re- 22 spectively; 23 (D) by inserting after paragraph (9) the fol- 24 lowing: 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00358 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 359 •HR 3684 RH ‘‘(10) SAFE SYSTEM APPROACH.—The term ‘safe 1 system approach’ means a roadway design that em- 2 phasizes minimizing the risk of injury or fatality to 3 road users and that— 4 ‘‘(A) takes into consideration the possibility 5 and likelihood of human error; 6 ‘‘(B) accommodates human injury tolerance 7 by taking into consideration likely crash types, 8 resulting impact forces, and the human body’s 9 ability to withstand such forces; and 10 ‘‘(C) takes into consideration vulnerable 11 road users. 12 ‘‘(11) SPECIFIED SAFETY PROJECT.— 13 ‘‘(A) IN GENERAL.—The term ‘specified 14 safety project’ means a project carried out for the 15 purpose of safety under any other section of this 16 title that is consistent with the State strategic 17 highway safety plan. 18 ‘‘(B) INCLUSION.—The term ‘specified safe- 19 ty project’ includes a project that— 20 ‘‘(i) promotes public awareness and in- 21 forms the public regarding highway safety 22 matters (including safety for motorcyclists, 23 bicyclists, pedestrians, individuals with dis- 24 abilities, and other road users); 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00359 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 360 •HR 3684 RH ‘‘(ii) facilitates enforcement of traffic 1 safety laws; 2 ‘‘(iii) provides infrastructure and in- 3 frastructure-related equipment to support 4 emergency services; 5 ‘‘(iv) conducts safety-related research to 6 evaluate experimental safety counter- 7 measures or equipment; or 8 ‘‘(v) supports safe routes to school non- 9 infrastructure-related activities described 10 under section 211(e)(2).’’; and 11 (E) by adding at the end the following: 12 ‘‘(15) TRANSPORTATION MANAGEMENT AREA.— 13 The term ‘transportation management area’ means 14 an area designated under section 134(k). 15 ‘‘(16) VULNERABLE ROAD USER.—The term ‘vul- 16 nerable road user’ means a nonmotorist— 17 ‘‘(A) with a fatality analysis reporting sys- 18 tem person attribute code that is included in the 19 definition of the term ‘number of non-motorized 20 fatalities’ in section 490.205 of title 23, Code of 21 Federal Regulations (or successor regulation); or 22 ‘‘(B) described in the term ‘number of non- 23 motorized serious injuries’ in such section. 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00360 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 361 •HR 3684 RH ‘‘(17) VULNERABLE ROAD USER SAFETY ASSESS- 1 MENT.—The term ‘vulnerable road user safety assess- 2 ment’ means an assessment of the safety performance 3 of the State or a metropolitan planning organization 4 within the State with respect to vulnerable road users 5 and the plan of the State or metropolitan planning 6 organization to improve the safety of vulnerable road 7 users described in subsection (l).’’; 8 (2) in subsection (c)— 9 (A) in paragraph (1) by striking ‘‘(a)(11)’’ 10 and inserting ‘‘(a)(13)’’; and 11 (B) in paragraph (2)— 12 (i) in subparagraph (A)(vi) by insert- 13 ing ‘‘, consistent with the vulnerable road 14 user safety assessment’’ after ‘‘nonmotorized 15 crashes’’; 16 (ii) in subparagraph (B)(i)— 17 (I) by inserting ‘‘, consistent with 18 a safe system approach,’’ after ‘‘iden- 19 tify’’; 20 (II) by inserting ‘‘excessive design 21 speeds and speed limits,’’ after ‘‘cross- 22 ing needs,’’; and 23 (III) by striking ‘‘motorists (in- 24 cluding motorcyclists), bicyclists, pe- 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00361 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 362 •HR 3684 RH destrians, and other highway users’’ 1 and inserting ‘‘road users’’; and 2 (iii) in subparagraph (D)(iii) by strik- 3 ing ‘‘motorists (including motorcyclists), 4 bicyclists, pedestrians, persons with disabil- 5 ities, and other highway users’’ and insert- 6 ing ‘‘road users’’; 7 (3) in subsection (d)— 8 (A) in paragraph (1)— 9 (i) in subparagraph (A) by striking 10 ‘‘Not later than 1 year after the date of en- 11 actment of the MAP–21, the’’ and inserting 12 ‘‘The’’; and 13 (ii) in subparagraph (B)— 14 (I) in clause (iv) by inserting 15 ‘‘and serious injury’’ after ‘‘fatality’’; 16 (II) in clause (vii) by striking ‘‘; 17 and’’ and inserting a semicolon; 18 (III) by redesignating clause 19 (viii) as clause (ix); and 20 (IV) by inserting after clause (vii) 21 the following: 22 ‘‘(viii) the findings of a vulnerable 23 road user safety assessment of the State; 24 and’’; and 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00362 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 363 •HR 3684 RH (B) in paragraph (2)(B)(i) by striking 1 ‘‘subsection (a)(11)’’ and inserting ‘‘subsection 2 (a)(13)’’; 3 (4) in subsection (e)— 4 (A) in paragraph (1)(C) by striking ‘‘, 5 without regard to whether the project is included 6 in an applicable State strategic highway safety 7 plan’’; and 8 (B) by adding at the end the following: 9 ‘‘(3) FLEXIBLE FUNDING FOR SPECIFIED SAFETY 10 PROJECTS.— 11 ‘‘(A) IN GENERAL.—To advance the imple- 12 mentation of a State strategic highway safety 13 plan, a State may use not more than 10 percent 14 of the amounts apportioned to the State under 15 section 104(b)(3) for a fiscal year to carry out 16 specified safety projects. 17 ‘‘(B) RULE OF STATUTORY CONSTRUC- 18 TION.—Nothing in this paragraph shall be con- 19 strued to require a State to revise any State 20 process, plan, or program in effect on the date of 21 enactment of this paragraph. 22 ‘‘(C) EFFECT OF PARAGRAPH.— 23 ‘‘(i) REQUIREMENTS.—A project fund- 24 ed under this paragraph shall be subject to 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00363 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 364 •HR 3684 RH all requirements under this section that 1 apply to a highway safety improvement 2 project. 3 ‘‘(ii) OTHER APPORTIONED PRO- 4 GRAMS.—Subparagraph (A) shall not apply 5 to amounts that may be obligated for non- 6 infrastructure projects apportioned under 7 any other paragraph of section 104(b).’’; 8 (5) in subsection (g)— 9 (A) by amending paragraph (1) to read as 10 follows: 11 ‘‘(1) HIGH-RISK RURAL ROAD SAFETY.— 12 ‘‘(A) IN GENERAL.—If the Secretary deter- 13 mines that the fatality rate on rural roads in a 14 State for the most recent 2-year period for which 15 data are available exceeds the median fatality 16 rate for rural roads among all States, such State 17 shall be required to— 18 ‘‘(i) obligate over the 2 fiscal years fol- 19 lowing the fiscal year in which such deter- 20 mination is made for projects on high-risk 21 rural roads an amount not less than 7.5 22 percent of the amounts apportioned to the 23 State under section 104(b)(3) for fiscal year 24 2020; and 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00364 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 365 •HR 3684 RH ‘‘(ii) include, in the subsequent update 1 to the State strategic highway safety plan, 2 strategies to reduce the fatality rate. 3 ‘‘(B) SOURCE OF FUNDS.—Any amounts ob- 4 ligated under subparagraph (A) shall be from 5 amounts described under section 133(d)(1)(B). 6 ‘‘(C) ANNUAL DETERMINATION.—The deter- 7 mination described under subparagraph (A) 8 shall be made on an annual basis. 9 ‘‘(D) CONSULTATION.—In carrying out a 10 project with an amount obligated under subpara- 11 graph (A), a State shall consult with, as appli- 12 cable, local governments, metropolitan planning 13 organizations, and regional transportation plan- 14 ning organizations.’’; 15 (B) in paragraph (2)— 16 (i) in the heading by striking ‘‘DRIV- 17 ERS’’ and inserting ‘‘ROAD USERS’’; 18 (ii) by striking ‘‘drivers and pedes- 19 trians’’ and inserting ‘‘road users’’; and 20 (iii) by striking ‘‘address the increases 21 in’’ and inserting ‘‘reduce’’; and 22 (C) by adding at the end the following: 23 ‘‘(3) VULNERABLE ROAD USER SAFETY.— 24 ‘‘(A) HIGH RISK STATES.— 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00365 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 366 •HR 3684 RH ‘‘(i) ANNUAL DETERMINATION.—Begin- 1 ning on the date of enactment of the IN- 2 VEST in America Act, the Secretary shall 3 determine on an annual basis whether the 4 number of vulnerable road user fatalities 5 and serious injuries per capita in a State 6 over the most recent 2-year period for which 7 data are available exceeds the median num- 8 ber fatalities in all such areas over such 2- 9 year period. 10 ‘‘(ii) OBLIGATION REQUIREMENT.—If 11 the Secretary determines that the number of 12 vulnerable road user fatalities and serious 13 injuries per capita in a State over the most 14 recent 2-year period for which data are 15 available exceeds the median number of such 16 fatalities and serious injuries per capita 17 over such 2-year period among all States, 18 that State shall be required to obligate over 19 the 2 fiscal years following the fiscal year 20 in which such determination is made an 21 amount that is not less than 50 percent of 22 the amount set aside in such State under 23 section 133(h)(1) for fiscal year 2020 (less 24 any amounts obligated for projects in that 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00366 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 367 •HR 3684 RH State as required by subparagraph (B)(ii)) 1 for— 2 ‘‘(I) in the first two fiscal years 3 after the enactment of the INVEST in 4 America Act— 5 ‘‘(aa) performing the vulner- 6 able road user safety assessment 7 as required by subsection (l); 8 ‘‘(bb) providing matching 9 funds for transportation alter- 10 natives safety projects as identi- 11 fied in section 133(h)(7)(B); or 12 ‘‘(cc) projects eligible under 13 subparagraphs (A), (B), (C), or 14 (I) of section 133(h); and 15 ‘‘(II) in each 2-year period there- 16 after, projects identified in the pro- 17 gram of projects described in subsection 18 (l)(2)(C). 19 ‘‘(B) HIGH RISK AREAS.— 20 ‘‘(i) ANNUAL DETERMINATION.—The 21 Secretary shall determine on an annual 22 basis whether the number of vulnerable road 23 user fatalities per capita in a transpor- 24 tation management area over the most re- 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00367 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 368 •HR 3684 RH cent 2-year period for which data are avail- 1 able exceeds the median number fatalities in 2 all such areas over such 2-year period. 3 ‘‘(ii) OBLIGATION REQUIREMENT.—If 4 the Secretary determines that the number of 5 vulnerable road user fatalities per capita in 6 the transportation management area over 7 the most recent 2-year period for which 8 data are available exceeds the median num- 9 ber of such fatalities over such 2-year period 10 among all such areas, then there shall be re- 11 quired to be obligated over the 2 fiscal years 12 following the fiscal year in which such de- 13 termination is made, for projects identified 14 in the program of projects described in sub- 15 section (l)(7)(C), an amount that is not less 16 than 50 percent of the amount set aside for 17 that urbanized area under section 133(h)(2) 18 for fiscal year 2020. 19 ‘‘(iii) APPLICABILITY.—The obligation 20 requirement described in clause (ii) shall 21 not take effect until the subject metropolitan 22 planning organization has developed the 23 vulnerable road user safety assessment de- 24 scribed in subsection (l)(7). 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00368 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 369 •HR 3684 RH ‘‘(C) SOURCE OF FUNDS.— 1 ‘‘(i) IN GENERAL.—Any amounts re- 2 quired to be obligated under this paragraph 3 shall be from amounts apportioned under 4 section 104(b) except for— 5 ‘‘(I) amounts described in section 6 133(d)(1)(A); and 7 ‘‘(II) amounts set aside under sec- 8 tion 133(h). 9 ‘‘(ii) AREAS IN A HIGH RISK STATE.— 10 If an area subject to the obligation require- 11 ment described in subparagraph (B)(ii) is 12 located in a State required to obligate funds 13 to vulnerable road user safety under sub- 14 paragraph (A)(ii), any obligations in such 15 State for projects identified in the program 16 of projects described in subsection (l)(7)(C) 17 shall count toward such State’s obligation 18 requirement under subparagraph (A)(ii).’’; 19 (6) in subsection (h)(1)(A)— 20 (A) by inserting ‘‘, including any efforts to 21 reduce vehicle speed’’ after ‘‘under this section’’; 22 and 23 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00369 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 370 •HR 3684 RH (B) by inserting ‘‘and projects identified 1 under a vulnerable road user safety assessment’’ 2 after ‘‘projects’’; and 3 (7) by adding at the end the following: 4 ‘‘(l) VULNERABLE ROAD USER SAFETY ASSESS- 5 MENT.— 6 ‘‘(1) IN GENERAL.—Not later than 1 year after 7 date of enactment of the INVEST in America Act, 8 each State shall create a vulnerable road user safety 9 assessment. 10 ‘‘(2) CONTENTS.—A vulnerable road user safety 11 assessment required under paragraph (1) shall in- 12 clude— 13 ‘‘(A) a description of the location within the 14 State of each vulnerable road user fatality and 15 serious injury, including, if available, the design 16 speed of the roadway at any such location; 17 ‘‘(B) a description of any corridors identi- 18 fied by a State, in coordination with local gov- 19 ernments, metropolitan planning organizations, 20 and regional transportation planning organiza- 21 tions that pose a high risk of a vulnerable road 22 user fatality or serious injury, including, if 23 available, the design speeds of such corridors; 24 and 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00370 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 371 •HR 3684 RH ‘‘(C) a program of projects or strategies to 1 reduce safety risks to vulnerable road users in 2 corridors identified under subparagraph (B), in 3 coordination with local governments, metropoli- 4 tan planning organizations, and regional trans- 5 portation planning organizations that represent 6 a high-risk area identified under subparagraph 7 (B). 8 ‘‘(3) ANALYSIS.—In creating a vulnerable road 9 user safety assessment under this subsection, a State 10 shall assess the last 5 years of available data. 11 ‘‘(4) REQUIREMENTS.—In creating a vulnerable 12 road user safety assessment under this subsection, a 13 State shall— 14 ‘‘(A) take into consideration a safe system 15 approach; and 16 ‘‘(B) coordinate with local governments, 17 metropolitan planning organizations, and re- 18 gional transportation planning organizations 19 that represent a high-risk area identified under 20 paragraph (2)(B). 21 ‘‘(5) UPDATE.—A State shall update a vulner- 22 able road user safety assessment on the same schedule 23 as the State updates the State strategic highway safe- 24 ty plan. 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00371 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 372 •HR 3684 RH ‘‘(6) TRANSPORTATION SYSTEM ACCESS.—The 1 program of projects developed under paragraph (2)(C) 2 may not degrade transportation system access for vul- 3 nerable road users. 4 ‘‘(7) URBANIZED AREA ASSESSMENTS.— 5 ‘‘(A) IN GENERAL.—A metropolitan plan- 6 ning organization representing a transportation 7 management area shall, in consultation with 8 local governments in such area, complete a vul- 9 nerable road user safety assessment based on the 10 most recent 5 years of available data at least 11 once every 4 years. 12 ‘‘(B) CONTENTS.—The assessment completed 13 under subparagraph (A) shall include— 14 ‘‘(i) a description of the location with- 15 in the area of each vulnerable road user fa- 16 tality and, if available, serious injury; 17 ‘‘(ii) a description of any corridors 18 that represent a high-risk area identified 19 under paragraph (2)(B) or have otherwise 20 been identified by the metropolitan plan- 21 ning organization or local government that 22 pose a high risk of a vulnerable road user 23 fatality or serious injury; and 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00372 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 373 •HR 3684 RH ‘‘(iii) a program of projects or strate- 1 gies to reduce safety risks to vulnerable road 2 users in corridors identified under subpara- 3 graph (B).’’. 4 (b) TECHNICAL AMENDMENT.—Section 148 of title 23, 5 United States Code, is amended— 6 (1) in the heading for subsection (a)(8) by strik- 7 ing ‘‘ROAD USERS’’ and inserting ‘‘ROAD USER’’; and 8 (2) in subsection (i)(2)(D) by striking ‘‘safety 9 safety’’ and inserting ‘‘safety’’. 10 (c) HIGH-RISK RURAL ROADS.— 11 (1) STUDY.—Not later than 2 years after the 12 date of enactment of this Act, the Secretary of Trans- 13 portation shall update the study described in para- 14 graph (1) of section 1112(b) of MAP–21 (23 U.S.C. 15 148 note). 16 (2) PUBLICATION OF REPORT.—Not later than 2 17 years after the date of enactment of this Act, the Sec- 18 retary shall publish on the website of the Department 19 of Transportation an updated report of the report de- 20 scribed in paragraph (2) of section 1112(b) of MAP– 21 21 (23 U.S.C. 148 note). 22 (3) BEST PRACTICES MANUAL.—Not later than 23 180 days after the date of submission of the report de- 24 scribed in paragraph (2), the Secretary shall update 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00373 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 374 •HR 3684 RH the best practices manual described in section 1 1112(b)(3) of MAP–21 (23 U.S.C. 148 note). 2 SEC. 1210. CONGESTION MITIGATION AND AIR QUALITY IM- 3 PROVEMENT PROGRAM. 4 Section 149 of title 23, United States Code, is amend- 5 ed— 6 (1) in subsection (b)— 7 (A) in paragraph (1)(A)(ii) by striking 8 ‘‘subsection (h)’’ and inserting ‘‘subsection (i)’’; 9 (B) in paragraph (7) by inserting ‘‘shared 10 micromobility (including bikesharing and shared 11 scooter systems), publicly accessible charging sta- 12 tions, docks, and storage for electric bicycles and 13 micromobility devices,’’ after ‘‘carsharing’’; 14 (C) in paragraph (8)(B) by striking ‘‘; or’’ 15 and inserting a semicolon; 16 (D) in paragraph (9) by striking the period 17 and inserting ‘‘; or’’; and 18 (E) by adding at the end the following: 19 ‘‘(10) if the project or program mitigates sea- 20 sonal or temporary traffic congestion from long-haul 21 travel or tourism.’’; 22 (2) in subsection (c)— 23 (A) in paragraph (2)— 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00374 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 375 •HR 3684 RH (i) in the heading by inserting ‘‘, HY- 1 DROGEN VEHICLE,’’ after ‘‘ELECTRIC VEHI- 2 CLE’’; 3 (ii) by inserting ‘‘hydrogen or’’ after 4 ‘‘charging stations or’’; and 5 (iii) by inserting ‘‘, hydrogen-pow- 6 ered,’’ after ‘‘battery powered’’; and 7 (B) in paragraph (3) by inserting ‘‘, and is 8 consistent with section 166’’ after ‘‘travel times’’; 9 and 10 (3) by striking subsection (m) and inserting the 11 following: 12 ‘‘(m) OPERATING ASSISTANCE.— 13 ‘‘(1) PROJECTS.—A State may obligate funds 14 apportioned under section 104(b)(4) in an area of 15 such State that is otherwise eligible for obligations of 16 such funds for operating costs under chapter 53 of 17 title 49 or on a system for which CMAQ funding was 18 made available, obligated, or expended in fiscal year 19 2012, or, notwithstanding subsection (b), on a State- 20 supported Amtrak route with a cost-sharing agree- 21 ment under section 209 of the Passenger Rail Invest- 22 ment and Improvement Act of 2008 or alternative 23 cost allocation under section 24712(g)(3) of title 49. 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00375 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 376 •HR 3684 RH ‘‘(2) TIME LIMITATION.—In determining the 1 amount of time for which a State may obligate funds 2 under paragraph (1) for operating assistance for an 3 area of a State or on a system, the Secretary shall 4 allow such obligations to occur, in such area or on 5 such system— 6 ‘‘(A) with a time limitation of not less than 7 3 years; and 8 ‘‘(B) in the case of projects that demonstrate 9 continued net air quality benefits beyond 3 10 years, as determined annually by the Secretary 11 in consultation with the Administrator of the 12 Environmental Protection Agency, with no im- 13 posed time limitation.’’. 14 SEC. 1211. ELECTRIC VEHICLE CHARGING STATIONS. 15 (a) ELECTRIC VEHICLE CHARGING STATIONS.—Chap- 16 ter 1 of title 23, United States Code, is amended by insert- 17 ing after section 154 the following new section: 18 ‘‘§ 155. Electric vehicle charging stations 19 ‘‘(a) IN GENERAL.—Any electric vehicle charging in- 20 frastructure funded under this title shall be subject to the 21 requirements of this section. 22 ‘‘(b) INTEROPERABILITY.—An electric vehicle charging 23 station funded under this title shall— 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00376 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 377 •HR 3684 RH ‘‘(1) provide a charging connector type or means 1 to transmit electricity to vehicles that meets applica- 2 ble industry accepted practices and safety standards; 3 and 4 ‘‘(2) have the ability to serve vehicles produced 5 by more than one vehicle manufacturer. 6 ‘‘(c) OPEN ACCESS TO PAYMENT.—Electric vehicle 7 charging stations shall provide payment methods available 8 to all members of the public to ensure secure, convenient, 9 and equal access and shall not be limited by membership 10 to a particular payment provider. 11 ‘‘(d) NETWORK CAPABILITY.—An electric vehicle 12 charging station funded under this title shall be capable of 13 being remotely monitored. 14 ‘‘(e) GUIDANCE.—Not less than 180 days after enact- 15 ment of the INVEST in America Act, the Secretary of 16 Transportation, in coordination with the Secretary of En- 17 ergy, shall, as appropriate, publish guidance for public 18 comment applicable to any electric vehicle charging station 19 funded in whole or in part under this title related to— 20 ‘‘(1) the installation, operation, or maintenance 21 by qualified technicians of electric vehicle charging 22 infrastructure; 23 ‘‘(2) the physical and payment interoperability 24 of electric vehicle charging infrastructure; 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00377 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 378 •HR 3684 RH ‘‘(3) any traffic control device or on-premises 1 sign acquired, installed, or operated related to an 2 electric vehicle charging station funded under this 3 title; and 4 ‘‘(4) network connectivity of electric vehicle 5 charging, including measures to protect personal pri- 6 vacy and ensure cybersecurity. 7 ‘‘(f) WAGE REQUIREMENTS.—Section 113 shall apply 8 to any project for electric vehicle charging infrastructure 9 funded under this title.’’. 10 (b) CLERICAL AMENDMENT.—The analysis for chapter 11 1 of title 23, United States Code, is amended by inserting 12 after the item relating to section 154 the following new item: 13 ‘‘155. Electric vehicle charging stations.’’. (c) ELECTRIC VEHICLE CHARGING SIGNAGE.—The 14 Secretary of Transportation shall update the Manual on 15 Uniform Traffic Control Devices to— 16 (1) ensure uniformity in providing road users 17 direction to electric charging stations that are open to 18 the public; and 19 (2) allow the use of a comprehensive system of 20 signs for electric vehicle charging providers to help 21 drivers identify the type of charging and connector 22 types available at the location. 23 (d) AGREEMENTS RELATING TO THE USE AND ACCESS 24 OF RIGHTS-OF-WAY OF THE INTERSTATE SYSTEM.—Sec- 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00378 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 379 •HR 3684 RH tion 111 of title 23, United States Code, is amended by add- 1 ing at the end the following: 2 ‘‘(f) INTERSTATE SYSTEM RIGHTS-OF-WAY.— 3 ‘‘(1) IN GENERAL.—Notwithstanding subsection 4 (a) or (b), the Secretary shall permit, consistent with 5 section 155, the charging of electric vehicles on rights- 6 of-way of the Interstate System, including in— 7 ‘‘(A) a rest area; or 8 ‘‘(B) a fringe or corridor parking facility, 9 including a park and ride facility. 10 ‘‘(2) SAVINGS CLAUSE.—Nothing in this sub- 11 section shall permit commercial activities on rights- 12 of-way of the Interstate System, except as necessary 13 for the charging of electric vehicles in accordance with 14 this subsection.’’. 15 SEC. 1212. NATIONAL HIGHWAY FREIGHT PROGRAM. 16 (a) IN GENERAL.—Section 167 of title 23, United 17 States Code, is amended— 18 (1) in subsection (b)— 19 (A) in paragraph (6) by striking ‘‘; and’’ 20 and inserting a semicolon; and 21 (B) by striking paragraph (7) and inserting 22 the following: 23 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00379 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 380 •HR 3684 RH ‘‘(7) to reduce the environmental impacts of 1 freight movement on the National Highway Freight 2 Network, including— 3 ‘‘(A) greenhouse gas emissions; 4 ‘‘(B) local air pollution, including local pol- 5 lution derived from vehicles idling at railway 6 crossings; 7 ‘‘(C) minimizing, capturing, or treating 8 stormwater runoff and addressing other adverse 9 impacts to water quality; and 10 ‘‘(D) wildlife habitat loss; and 11 ‘‘(8) to decrease any adverse impact of freight 12 transportation on communities located near freight 13 facilities or freight corridors.’’; 14 (2) in subsection (e)(2) by striking ‘‘150 miles’’ 15 and inserting ‘‘300 miles’’; 16 (3) in subsection (f)(4) by striking ‘‘75 miles’’ 17 and inserting ‘‘150 miles’’; 18 (4) in subsection (h) by striking ‘‘Not later than’’ 19 and all that follows through ‘‘shall prepare’’ and in- 20 serting ‘‘As part of the report required under section 21 503(b)(8), the Administrator shall biennially pre- 22 pare’’; 23 (5) in subsection (i)— 24 (A) by striking paragraphs (2) and (3); 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00380 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 381 •HR 3684 RH (B) by amending paragraph (4) to read as 1 follows: 2 ‘‘(4) FREIGHT PLANNING.—Notwithstanding any 3 other provision of law, a State may not obligate funds 4 apportioned to the State under section 104(b)(5) un- 5 less the State has developed, updated, or amended, as 6 applicable, a freight plan in accordance with section 7 70202 of title 49.’’; 8 (C) in paragraph (5)— 9 (i) by striking subparagraph (B) and 10 inserting the following: 11 ‘‘(B) LIMITATION.—The Federal share of a 12 project described in subparagraph (C)(xxiii) 13 shall fund only elements of such project that pro- 14 vide public benefits.’’; and 15 (ii) in subparagraph (C)— 16 (I) in clause (iii) by inserting 17 ‘‘and freight management and oper- 18 ations systems’’ after ‘‘freight transpor- 19 tation systems’’; and 20 (II) by amending clause (xxiii) to 21 read as follows: 22 ‘‘(xxiii) Freight intermodal or freight 23 rail projects, including— 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00381 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 382 •HR 3684 RH ‘‘(I) projects within the bound- 1 aries of public or private freight rail 2 or water facilities (including ports); 3 ‘‘(II) projects that provide surface 4 transportation infrastructure necessary 5 to facilitate direct intermodal inter- 6 change, transfer, and access into or out 7 of the facility; and 8 ‘‘(III) any other surface transpor- 9 tation project to improve the flow of 10 freight into or out of a facility de- 11 scribed in subclause (I) or (II).’’; 12 (D) in paragraph (6) by striking ‘‘para- 13 graph (5)’’ and inserting ‘‘paragraph (3)’’; and 14 (E) by redesignating paragraphs (4), (5), 15 (6), and (7) as paragraphs (2), (3), (4), and (5), 16 respectively; and 17 (6) in subsection (k)(1)(A)(ii) by striking ‘‘ports- 18 of entry’’ and inserting ‘‘ports-of-entry’’. 19 (b) NATIONAL HIGHWAY FREIGHT NETWORK.—If a 20 congressionally designated future Interstate, or any portion 21 thereof, is included in a State Freight Plan (regardless of 22 whether such project is included in the freight investment 23 plan of the State) approved by the Department of Transpor- 24 tation prior to October 1, 2021, such route shall be consid- 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00382 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 383 •HR 3684 RH ered to be on the National Highway Freight Network estab- 1 lished under section 167(c) of title 23, United States Code. 2 SEC. 1213. CARBON POLLUTION REDUCTION. 3 (a) IN GENERAL.—Chapter 1 of title 23, United States 4 Code, is amended by adding at the end the following: 5 ‘‘§ 171. Carbon pollution reduction 6 ‘‘(a) ESTABLISHMENT.—The Secretary shall establish 7 a carbon pollution reduction program to support the reduc- 8 tion of greenhouse gas emissions from the surface transpor- 9 tation system. 10 ‘‘(b) ELIGIBLE PROJECTS.—A project is eligible for 11 funding under this section if such project— 12 ‘‘(1) is expected to yield a significant reduction 13 in greenhouse gas emissions from the surface trans- 14 portation system; 15 ‘‘(2) will help a State meet the greenhouse gas 16 emissions performance targets established under sec- 17 tion 150(d); and 18 ‘‘(3) is— 19 ‘‘(A) eligible for assistance under this title 20 or under chapter 53 of title 49 or is a capital 21 project for vehicles and facilities (whether pub- 22 licly or privately owned) that are used to pro- 23 vide intercity passenger service by bus; or 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00383 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 384 •HR 3684 RH ‘‘(B) a capital project, as such term is de- 1 fined in section 22906 of title 49, to improve 2 intercity rail passenger transportation, provided 3 that the project will yield a significant reduction 4 in single occupant vehicle trips and improve mo- 5 bility on public roads. 6 ‘‘(c) GUIDANCE.—The Secretary shall issue guidance 7 on methods of determining the reduction of single occupant 8 vehicle trips and improvement of mobility on public roads 9 as those factors relate to intercity rail passenger transpor- 10 tation projects under subsection (b)(4). 11 ‘‘(d) OPERATING EXPENSES.—A State may use not 12 more than 10 percent of the funds provided under section 13 104(b)(9) for the operating expenses of public transpor- 14 tation and passenger rail transportation projects. 15 ‘‘(e) SINGLE-OCCUPANCY VEHICLE HIGHWAY FACILI- 16 TIES.—None of the funds provided under this section may 17 be used for a project that will result in the construction 18 of new capacity available to single occupant vehicles unless 19 the project consists of a high occupancy vehicle facility and 20 is consistent with section 166. 21 ‘‘(f) EVALUATION.— 22 ‘‘(1) IN GENERAL.—The Secretary shall annually 23 evaluate the progress of each State in carrying out the 24 program under this section by comparing the percent 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00384 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 385 •HR 3684 RH change in carbon dioxide emissions per capita on 1 public roads in the State calculated as— 2 ‘‘(A) the annual carbon dioxide emissions 3 per capita on public roads in the State for the 4 most recent year for which there is data; divided 5 by 6 ‘‘(B) the average annual carbon dioxide 7 emissions per capita on public roads in the State 8 in calendar years 2015 through 2019. 9 ‘‘(2) MEASURES.—In conducting the evaluation 10 under paragraph (1), the Secretary shall— 11 ‘‘(A) prior to the effective date of the green- 12 house gas performance measures under section 13 150(c)(7)(A), use such data as are available, 14 which may include data on motor fuels usage 15 published by the Federal Highway Administra- 16 tion and information on emissions factors or co- 17 efficients published by the Energy Information 18 Administration of the Department of Energy; 19 and 20 ‘‘(B) following the effective date of the 21 greenhouse gas performance measures under sec- 22 tion 150(c)(7)(A), use such measures. 23 ‘‘(g) PROGRESS REPORT.—The Secretary shall annu- 24 ally issue a carbon pollution reduction progress report, to 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00385 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 386 •HR 3684 RH be made publicly available on the website of the Department 1 of Transportation, that includes— 2 ‘‘(1) the results of the evaluation under sub- 3 section (f) for each State; and 4 ‘‘(2) a ranking of all the States by the criteria 5 under subsection (f), with the States that, for the year 6 covered by such report, have the largest percentage re- 7 duction in annual carbon dioxide emissions per cap- 8 ita on public roads being ranked the highest. 9 ‘‘(h) HIGH-PERFORMING STATES.— 10 ‘‘(1) DESIGNATION.—For purposes of this sec- 11 tion, each State that is 1 of the 15 highest ranked 12 States, as determined under subsection (g)(2), and 13 that achieves a reduction in carbon dioxide emissions 14 per capita on public roads, as determined by the eval- 15 uation in subsection (f), shall be designated as a high- 16 performing State for the following fiscal year. 17 ‘‘(2) USE OF FUNDS.—For each State that is 18 designated as a high-performing State under para- 19 graph (1)— 20 ‘‘(A) notwithstanding section 120, the State 21 may use funds made available under this title to 22 pay the non-Federal share of a project under this 23 section during any year for which such State is 24 designated as a high-performing State; and 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00386 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 387 •HR 3684 RH ‘‘(B) notwithstanding section 126, the State 1 may transfer up to 50 percent of funds appor- 2 tioned under section 104(b)(9) to the program 3 under section 104(b)(2) in any year for which 4 such State is designated as a high-performing 5 State. 6 ‘‘(3) TRANSFER.—For each State that is 1 of the 7 15 lowest ranked States, as determined under sub- 8 section (g)(2), the Secretary shall transfer 10 percent 9 of the amount apportioned to the State under section 10 104(b)(2) in the fiscal year following the year in 11 which the State is so ranked, not including amounts 12 set aside under section 133(d)(1)(A) and under sec- 13 tion 133(h) or 505(a), to the apportionment of the 14 State under section 104(b)(9). 15 ‘‘(4) LIMITATION.—The Secretary shall not con- 16 duct a transfer under paragraph (3)— 17 ‘‘(A) until the first fiscal year following the 18 effective date of greenhouse gas performance 19 measures under section 150(c)(7)(A); and 20 ‘‘(B) with respect to a State in any fiscal 21 year following the year in which such State 22 achieves a reduction in carbon dioxide emissions 23 per capita on public roads in such year as deter- 24 mined by the evaluation under subsection (f). 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00387 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 388 •HR 3684 RH ‘‘(i) REPORT.—Not later than 2 years after the date 1 of enactment of this section and periodically thereafter, the 2 Secretary, in consultation with the Administrator of the 3 Environmental Protection Agency, shall issue a report— 4 ‘‘(1) detailing, based on the best available 5 science, what types of projects eligible for assistance 6 under this section are expected to provide the most 7 significant greenhouse gas emissions reductions from 8 the surface transportation sector; and 9 ‘‘(2) detailing, based on the best available 10 science, what types of projects eligible for assistance 11 under this section are not expected to provide signifi- 12 cant greenhouse gas emissions reductions from the 13 surface transportation sector.’’. 14 (b) CLERICAL AMENDMENT.—The analysis for chapter 15 1 of title 23, United States Code, is amended by adding 16 at the end the following new item: 17 ‘‘171. Carbon pollution reduction.’’. (c) APPLICABILITY.—Subsection (b)(2) of section 171 18 of title 23, United States Code, as added by this section, 19 shall apply to a State beginning on the first fiscal year 20 following the fiscal year in which the State sets greenhouse 21 gas performance targets under section 150(d) of title 23, 22 United States Code. 23 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00388 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 389 •HR 3684 RH SEC. 1214. RECREATIONAL TRAILS. 1 Section 206 of title 23, United States Code, is amend- 2 ed— 3 (1) in subsection (a)— 4 (A) in paragraph (1) by striking ‘‘except 5 for’’ and all that follows and inserting the fol- 6 lowing: ‘‘except for— 7 ‘‘(A) a motorized wheelchair; and 8 ‘‘(B) in any case in which applicable laws 9 and regulations permit use, an electric bicycle, 10 as defined in section 217(j).’’; 11 (B) in paragraph (2)— 12 (i) in subparagraph (F) by striking 13 ‘‘and’’ at the end; 14 (ii) in subparagraph (G) by striking 15 the period and inserting ‘‘; and’’; and 16 (iii) by adding at the end the fol- 17 lowing: 18 ‘‘(F) electric bicycling.’’; and 19 (2) by adding at the end the following: 20 ‘‘(j) SPECIAL RULE.—Section 113 shall not apply to 21 projects under this section. 22 ‘‘(k) USE OF OTHER APPORTIONED FUNDS.—Funds 23 apportioned to a State under section 104(b) that are obli- 24 gated for recreational trails and related projects shall be 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00389 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 390 •HR 3684 RH administered as if such funds were made available for pur- 1 poses described under this section.’’. 2 SEC. 1215. SAFE ROUTES TO SCHOOL PROGRAM. 3 (a) IN GENERAL.—Chapter 2 of title 23, United States 4 Code, is amended by inserting after section 210 the fol- 5 lowing: 6 ‘‘§ 211. Safe routes to school program 7 ‘‘(a) PROGRAM.—The Secretary shall carry out a safe 8 routes to school program for the benefit of children in pri- 9 mary, middle, and high schools. 10 ‘‘(b) PURPOSES.—The purposes of the program shall 11 be— 12 ‘‘(1) to enable and encourage children, including 13 those with disabilities, to walk and bicycle to school; 14 ‘‘(2) to make bicycling and walking to school a 15 safer and more appealing transportation alternative, 16 thereby encouraging a healthy and active lifestyle 17 from an early age; and 18 ‘‘(3) to facilitate the planning, development, and 19 implementation of projects and activities that will 20 improve safety and reduce traffic, fuel consumption, 21 and air pollution in the vicinity of schools. 22 ‘‘(c) USE OF FUNDS.—Amounts apportioned to a State 23 under paragraphs (2) and (3) of section 104(b) may be used 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00390 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 391 •HR 3684 RH to carry out projects, programs, and other activities under 1 this section. 2 ‘‘(d) ELIGIBLE ENTITIES.—Projects, programs, and 3 activities funded under this section may be carried out by 4 eligible entities described under section 133(h)(4)(B) that 5 demonstrate an ability to meet the requirements of this sec- 6 tion. 7 ‘‘(e) ELIGIBLE PROJECTS AND ACTIVITIES.— 8 ‘‘(1) INFRASTRUCTURE-RELATED PROJECTS.— 9 ‘‘(A) IN GENERAL.—A State may obligate 10 funds under this section for the planning, design, 11 and construction of infrastructure-related 12 projects that will substantially improve the abil- 13 ity of students to walk and bicycle to school, in- 14 cluding sidewalk improvements, traffic calming 15 and speed reduction improvements, pedestrian 16 and bicycle crossing improvements, on-street bi- 17 cycle facilities, off-street bicycle and pedestrian 18 facilities, secure bicycle parking facilities, and 19 traffic diversion improvements in the vicinity of 20 schools. 21 ‘‘(B) LOCATION OF PROJECTS.—Infrastruc- 22 ture-related projects under subparagraph (A) 23 may be carried out on any public road or any 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00391 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 392 •HR 3684 RH bicycle or pedestrian pathway or trail in the vi- 1 cinity of schools. 2 ‘‘(2) NONINFRASTRUCTURE-RELATED ACTIVI- 3 TIES.—In addition to projects described in paragraph 4 (1), a State may obligate funds under this section for 5 noninfrastructure-related activities to encourage walk- 6 ing and bicycling to school, including— 7 ‘‘(A) public awareness campaigns and out- 8 reach to press and community leaders; 9 ‘‘(B) traffic education and enforcement in 10 the vicinity of schools; 11 ‘‘(C) student sessions on bicycle and pedes- 12 trian safety, health, and environment; 13 ‘‘(D) programs that address personal safety; 14 and 15 ‘‘(E) funding for training, volunteers, and 16 managers of safe routes to school programs. 17 ‘‘(3) SAFE ROUTES TO SCHOOL COORDINATOR.— 18 Each State receiving an apportionment under para- 19 graphs (2) and (3) of section 104(b) shall use a suffi- 20 cient amount of the apportionment to fund a full-time 21 position of coordinator of the State’s safe routes to 22 school program. 23 ‘‘(4) RURAL SCHOOL DISTRICT OUTREACH.—A 24 coordinator described in paragraph (3) shall conduct 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00392 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 393 •HR 3684 RH outreach to ensure that rural school districts in the 1 State are aware of such State’s safe routes to school 2 program and any funds authorized by this section. 3 ‘‘(f) FEDERAL SHARE.—The Federal share of the cost 4 of a project, program, or activity under this section shall 5 be 100 percent. 6 ‘‘(g) CLEARINGHOUSE.— 7 ‘‘(1) IN GENERAL.—The Secretary shall main- 8 tain a national safe routes to school clearinghouse 9 to— 10 ‘‘(A) develop information and educational 11 programs on safe routes to school; and 12 ‘‘(B) provide technical assistance and dis- 13 seminate techniques and strategies used for suc- 14 cessful safe routes to school programs. 15 ‘‘(2) FUNDING.—The Secretary shall carry out 16 this subsection using amounts authorized to be appro- 17 priated for administrative expenses under section 18 104(a). 19 ‘‘(h) DEFINITIONS.—In this section, the following defi- 20 nitions apply: 21 ‘‘(1) IN THE VICINITY OF SCHOOLS.—The term 22 ‘in the vicinity of schools’ means, with respect to a 23 school, the area within bicycling and walking dis- 24 tance of the school (approximately 2 miles). 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00393 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 394 •HR 3684 RH ‘‘(2) PRIMARY, MIDDLE, AND HIGH SCHOOLS.— 1 The term ‘primary, middle, and high schools’ means 2 schools providing education from kindergarten 3 through twelfth grade.’’. 4 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 5 (1) REPEAL.—Section 1404 of SAFETEA–LU 6 (Public Law 109–59; 119 Stat. 1228–1230), and the 7 item relating to such section in the table of contents 8 in section 1(b) of such Act, are repealed. 9 (2) ANALYSIS.—The analysis for chapter 2 of 10 title 23, United States Code, is amended by inserting 11 after the item relating to section 210 the following: 12 ‘‘211. Safe routes to school program.’’. SEC. 1216. BICYCLE TRANSPORTATION AND PEDESTRIAN 13 WALKWAYS. 14 Section 217 of title 23, United States Code, is amend- 15 ed— 16 (1) in subsection (d)— 17 (A) by striking ‘‘104(b)(3)’’ and inserting 18 ‘‘104(b)(4)’’; and 19 (B) by striking ‘‘a position’’ and inserting 20 ‘‘at least one full-time positions’’; 21 (2) in subsection (e) by striking ‘‘bicycles’’ and 22 inserting ‘‘pedestrians or bicyclists’’ each place such 23 term appears; 24 (3) in subsection (j)— 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00394 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 395 •HR 3684 RH (A) in paragraph (1) by inserting ‘‘or oper- 1 ators of micromobility devices’’ after ‘‘bicyclists’’; 2 (B) by striking paragraph (2) and inserting 3 the following: 4 ‘‘(2) ELECTRIC BICYCLE.—The term ‘electric bi- 5 cycle’ means mean a bicycle equipped with fully oper- 6 able pedals, a saddle or seat for the rider, and an 7 electric motor of less than 750 watts that can safely 8 share a bicycle transportation facility with other 9 users of such facility and meets the requirements of 10 one of the following three classes: 11 ‘‘(A) CLASS 1 ELECTRIC BICYCLE.—The 12 term ‘class 1 electric bicycle’ means an electric 13 bicycle equipped with a motor that provides as- 14 sistance only when the rider is pedaling, and 15 that ceases to provide assistance when the bicycle 16 reaches the speed of 20 miles per hour. 17 ‘‘(B) CLASS 2 ELECTRIC BICYCLE.—The 18 term ‘class 2 electric bicycle’ means an electric 19 bicycle equipped with a motor that may be used 20 exclusively to propel the bicycle, and that is not 21 capable of providing assistance when the bicycle 22 reaches the speed of 20 miles per hour. 23 ‘‘(C) CLASS 3 ELECTRIC BICYCLE.—The 24 term ‘class 3 electric bicycle’ means an electric 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00395 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 396 •HR 3684 RH bicycle equipped with a motor that provides as- 1 sistance only when the rider is pedaling, and 2 that ceases to provide assistance when the bicycle 3 reaches the speed of 28 miles per hour. 4 ‘‘(3) MICROMOBILITY DEVICE.—The term ‘micro- 5 mobility device’ means any wheeled vehicle equipped 6 with a low powered electric motor— 7 ‘‘(A) that is designed primarily for human 8 transport; 9 ‘‘(B) that weighs not more than 100 10 pounds; and 11 ‘‘(C) that has a top speed of 20 miles per 12 hour or less.’’. 13 SEC. 1217. NOISE BARRIERS. 14 (a) PERMITTING USE OF HIGHWAY TRUST FUND FOR 15 CONSTRUCTION OF CERTAIN NOISE BARRIERS.—Section 16 339(b)(1) of the National Highway System Designation Act 17 of 1995 (23 U.S.C. 109 note) is amended to read as follows: 18 ‘‘(1) GENERAL RULE.—No funds made available 19 out of the Highway Trust Fund may be used to con- 20 struct a Type II noise barrier (as defined by section 21 772.5(I) of title 23, Code of Federal Regulations) pur- 22 suant to subsections (h) and (I) of section 109 of title 23 23, United States Code, unless— 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00396 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 397 •HR 3684 RH ‘‘(A) such a barrier is part of a project ap- 1 proved by the Secretary before November 28, 2 1995; or 3 ‘‘(B) such a barrier separates a highway or 4 other noise corridor from a group of structures of 5 which the majority of those closest to the high- 6 way or noise corridor— 7 ‘‘(i) are residential in nature; and 8 ‘‘(ii) either— 9 ‘‘(I) were constructed before the 10 construction or most recent widening 11 of the highway or noise corridor; or 12 ‘‘(II) are at least 10 years old.’’. 13 (b) ELIGIBILITY FOR SURFACE TRANSPORTATION PRO- 14 GRAM FUNDS.—Section 133 of title 23, United States Code, 15 is amended— 16 (1) in subsection (b) by adding at the end the 17 following: 18 ‘‘(22) Planning, design, or construction of a 19 Type II noise barrier (as described in section 772.5 20 of title 23, Code of Federal Regulations).’’; and 21 (2) in subsection (c)(2) by inserting ‘‘and para- 22 graph (22)’’ after ‘‘(11)’’. 23 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00397 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 398 •HR 3684 RH SEC. 1218. SAFE STREETS FOR ALL. 1 Section 148 of title 23, United States Code, is further 2 amended by adding at the end the following: 3 ‘‘(m) SAFE STREETS FOR ALL.— 4 ‘‘(1) SAFE STREETS SET-ASIDE.— 5 ‘‘(A) ESTABLISHMENT.—The Secretary shall 6 establish a safe streets program to eliminate the 7 occurrence of transportation-related fatalities 8 and serious injuries on public roads, with a 9 focus on vulnerable road users. 10 ‘‘(B) AMOUNT.—Of the funds apportioned 11 to a State under section 104(b)(3) for each fiscal 12 year, the Secretary shall reserve an amount such 13 that— 14 ‘‘(i) the Secretary reserves a total 15 under this subsection of $500,000,000 for 16 each of fiscal years 2023 through 2026; and 17 ‘‘(ii) the State’s share of that total is 18 distributed in the same manner as the 19 amount apportioned to the State under sec- 20 tion 104(b)(3) for each fiscal year bears to 21 the total amount of funds apportioned to all 22 States under such section. 23 ‘‘(2) SUBALLOCATION.—For each fiscal year for 24 which funds are set aside under this subsection, such 25 funds shall be obligated within a State in the manner 26 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00398 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 399 •HR 3684 RH described in subsections (d) and (e) of section 133, ex- 1 cept that, for the purposes of this subsection, the per- 2 centage referred to in section 133(d)(1)(A) shall be 3 treated as 100 percent. 4 ‘‘(3) USE OF FUNDS.— 5 ‘‘(A) IN GENERAL.—Funds set aside under 6 this subsection shall be available for obligation— 7 ‘‘(i) for a complete streets project that 8 supports the safe, comfortable, convenient, 9 and independent movement of all users of 10 the transportation system, of all ages and 11 abilities, consistent with context sensitive 12 design principles; 13 ‘‘(ii) for activities eligible under the 14 safe routes to school program under section 15 211; 16 ‘‘(iii) to develop and implement the 17 policies and procedures described in section 18 109(s); 19 ‘‘(iv) for any element of vision zero 20 planning described under section 1601 of 21 the INVEST in America Act and to imple- 22 ment an existing vision zero plan; 23 ‘‘(v) for other activities in furtherance 24 of the vulnerable road user safety assessment 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00399 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 400 •HR 3684 RH of the State or the metropolitan planning 1 organization described under subsection (l); 2 and 3 ‘‘(vi) for any other project, program, or 4 plan eligible under this section that pro- 5 vides for the safe and adequate accommoda- 6 tion of all users of the surface transpor- 7 tation network, as determined by the Sec- 8 retary. 9 ‘‘(B) SPECIAL RULE.—If a State or metro- 10 politan planning organization demonstrates to 11 the satisfaction of the Secretary that such State 12 or metropolitan planning organization has met 13 all its needs for vulnerable road user safety 14 under this section, the State or metropolitan 15 planning organization may use funds made 16 available under this subsection for other highway 17 safety improvement program purposes, subject to 18 the suballocation under paragraph (2). The Sec- 19 retary may not make a determination under this 20 subparagraph if the State or metropolitan plan- 21 ning organization has been subject to the special 22 rule described in subsection (g)(3) within the last 23 5 years.’’. 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00400 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 401 •HR 3684 RH SEC. 1219. YOUTH SERVICE AND CONSERVATION CORPS. 1 (a) IN GENERAL.—Chapter 2 of title 23, United States 2 Code, is amended by inserting after section 211 (as added 3 by this Act) the following: 4 ‘‘§ 212. Use of youth service and conservation corps 5 ‘‘(a) IN GENERAL.—The Secretary may allow and 6 shall encourage project sponsors to enter into contracts and 7 cooperative agreements with qualified youth service or con- 8 servation corps, as described in sections 122(a)(2) of the Na- 9 tional and Community Service Act of 1990 (42 U.S.C. 10 12572(a)(2)) and 106(c)(3) of the National and Community 11 Service Trust Act of 1993 (42 U.S.C. 12656(c)(3)) to per- 12 form appropriate projects eligible under sections 133(h), 13 162, 206, and 211. 14 ‘‘(b) REQUIREMENTS.—Under any contract or cooper- 15 ative agreement entered into with a qualified youth service 16 or conservation corps under this section, the Secretary 17 shall— 18 ‘‘(1) set the amount of a living allowance or rate 19 of pay for each participant in such corps at— 20 ‘‘(A) such amount or rate as required under 21 State law in a State with such requirements; or 22 ‘‘(B) for corps in States not described in 23 subparagraph (A), at such amount or rate as de- 24 termined by the Secretary, not to exceed the 25 maximum living allowance authorized by section 26 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00401 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 402 •HR 3684 RH 140 of the National and Community Service Act 1 of 1990 (42 U.S.C. 12594); and 2 ‘‘(2) not subject such corps to the requirements of 3 section 112.’’. 4 (b) CLERICAL AMENDMENT.—The analysis for chapter 5 2 of title 23, United States Code, is amended by inserting 6 after the item relating to section 211 (as added by this Act) 7 the following: 8 ‘‘212. Use of youth service and conservation corps.’’. Subtitle C—Project-Level 9 Investments 10 SEC. 1301. PROJECTS OF NATIONAL AND REGIONAL SIG- 11 NIFICANCE. 12 (a) IN GENERAL.—Section 117 of title 23, United 13 States Code, is amended to read as follows: 14 ‘‘§ 117. Projects of national and regional significance 15 ‘‘(a) ESTABLISHMENT.—The Secretary shall establish 16 a projects of national and regional significance program 17 under which the Secretary may make grants to, and estab- 18 lish multiyear grant agreements with, eligible entities in 19 accordance with this section. 20 ‘‘(b) APPLICATIONS.—To be eligible for a grant under 21 this section, an eligible entity shall submit to the Secretary 22 an application in such form, in such manner, and con- 23 taining such information as the Secretary may require. 24 ‘‘(c) GRANT AMOUNTS AND PROJECT COSTS.— 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00402 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 403 •HR 3684 RH ‘‘(1) IN GENERAL.—Each grant made under this 1 section— 2 ‘‘(A) shall be in an amount that is at least 3 $25,000,000; and 4 ‘‘(B) shall be for a project that has eligible 5 project costs that are reasonably anticipated to 6 equal or exceed the lesser of— 7 ‘‘(i) $100,000,000; or 8 ‘‘(ii) in the case of a project— 9 ‘‘(I) located in 1 State or terri- 10 tory, 30 percent of the amount appor- 11 tioned under this chapter to the State 12 or territory in the most recently com- 13 pleted fiscal year; or 14 ‘‘(II) located in more than 1 State 15 or territory, 50 percent of the amount 16 apportioned under this chapter to the 17 participating State or territory with 18 the largest apportionment under this 19 chapter in the most recently completed 20 fiscal year. 21 ‘‘(2) LARGE PROJECTS.—For a project that has 22 eligible project costs that are reasonably anticipated 23 to equal or exceed $500,000,000, a grant made under 24 this section— 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00403 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 404 •HR 3684 RH ‘‘(A) shall be in an amount sufficient to 1 fully fund the project, or in the case of a public 2 transportation project, a minimum operable seg- 3 ment, in combination with other funding sources, 4 including non-Federal financial commitment, 5 identified in the application; and 6 ‘‘(B) may be awarded pursuant to the proc- 7 ess under subsection (d), as necessary based on 8 the amount of the grant. 9 ‘‘(d) MULTIYEAR GRANT AGREEMENTS FOR LARGE 10 PROJECTS.— 11 ‘‘(1) IN GENERAL.—A large project that receives 12 a grant under this section may be carried out through 13 a multiyear grant agreement in accordance with this 14 subsection. 15 ‘‘(2) REQUIREMENTS.—A multiyear grant agree- 16 ment for a large project shall— 17 ‘‘(A) establish the terms of participation by 18 the Federal Government in the project; 19 ‘‘(B) establish the amount of Federal finan- 20 cial assistance for the project; 21 ‘‘(C) establish a schedule of anticipated Fed- 22 eral obligations for the project that provides for 23 obligation of the full grant amount by not later 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00404 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 405 •HR 3684 RH than 4 fiscal years after the fiscal year in which 1 the initial amount is provided; and 2 ‘‘(D) determine the period of time for com- 3 pleting the project, even if such period extends 4 beyond the period of an authorization. 5 ‘‘(3) SPECIAL RULES.— 6 ‘‘(A) IN GENERAL.—A multiyear grant 7 agreement under this subsection— 8 ‘‘(i) shall obligate an amount of avail- 9 able budget authority specified in law; and 10 ‘‘(ii) may include a commitment, con- 11 tingent on amounts to be specified in law in 12 advance for commitments under this para- 13 graph, to obligate an additional amount 14 from future available budget authority spec- 15 ified in law. 16 ‘‘(B) CONTINGENT COMMITMENT.—A contin- 17 gent commitment under this subsection is not an 18 obligation of the Federal Government under sec- 19 tion 1501 of title 31. 20 ‘‘(C) INTEREST AND OTHER FINANCING 21 COSTS.— 22 ‘‘(i) IN GENERAL.—Interest and other 23 financing costs of carrying out a part of the 24 project within a reasonable time shall be 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00405 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 406 •HR 3684 RH considered a cost of carrying out the project 1 under a multiyear grant agreement, except 2 that eligible costs may not be more than the 3 cost of the most favorable financing terms 4 reasonably available for the project at the 5 time of borrowing. 6 ‘‘(ii) CERTIFICATION.—The applicant 7 shall certify to the Secretary that the appli- 8 cant has shown reasonable diligence in seek- 9 ing the most favorable financing terms. 10 ‘‘(4) ADVANCE PAYMENT.—An eligible entity car- 11 rying out a large project under a multiyear grant 12 agreement— 13 ‘‘(A) may use funds made available to the 14 eligible entity under this title or title 49 for eli- 15 gible project costs of the large project; and 16 ‘‘(B) shall be reimbursed, at the option of 17 the eligible entity, for such expenditures from the 18 amount made available under the multiyear 19 grant agreement for the project in that fiscal 20 year or a subsequent fiscal year. 21 ‘‘(e) ELIGIBLE PROJECTS.— 22 ‘‘(1) IN GENERAL.—The Secretary may make a 23 grant under this section only for a project that is a 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00406 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 407 •HR 3684 RH project eligible for assistance under this title or chap- 1 ter 53 of title 49 and is— 2 ‘‘(A) a bridge project carried out on the Na- 3 tional Highway System, or that is eligible to be 4 carried out under section 165; 5 ‘‘(B) a project to improve person through- 6 put that is— 7 ‘‘(i) a highway project carried out on 8 the National Highway System, or that is el- 9 igible to be carried out under section 165; 10 ‘‘(ii) a public transportation project; 11 or 12 ‘‘(iii) a capital project, as such term is 13 defined in section 22906 of title 49, to im- 14 prove intercity rail passenger transpor- 15 tation; or 16 ‘‘(C) a project to improve freight throughput 17 that is— 18 ‘‘(i) a highway freight project carried 19 out on the National Highway Freight Net- 20 work established under section 167 or on the 21 National Highway System; 22 ‘‘(ii) a freight intermodal, freight rail, 23 or railway-highway grade crossing or grade 24 separation project; or 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00407 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 408 •HR 3684 RH ‘‘(iii) within the boundaries of a public 1 or private freight rail, water (including 2 ports), or intermodal facility and that is a 3 surface transportation infrastructure project 4 necessary to facilitate direct intermodal 5 interchange, transfer, or access into or out 6 of the facility. 7 ‘‘(2) LIMITATION.— 8 ‘‘(A) CERTAIN FREIGHT PROJECTS.— 9 Projects described in clauses (ii) and (iii) of 10 paragraph (1)(C) may receive a grant under this 11 section only if— 12 ‘‘(i) the project will make a significant 13 improvement to the movement of freight on 14 the National Highway System; and 15 ‘‘(ii) the Federal share of the project 16 funds only elements of the project that pro- 17 vide public benefits. 18 ‘‘(B) CERTAIN PROJECTS FOR PERSON 19 THROUGHPUT.—Projects described in clauses (ii) 20 and (iii) of paragraph (1)(B) may receive a 21 grant under this section only if the project will 22 make a significant improvement in mobility on 23 public roads. 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00408 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 409 •HR 3684 RH ‘‘(f) ELIGIBLE PROJECT COSTS.—An eligible entity re- 1 ceiving a grant under this section may use such grant for— 2 ‘‘(1) development phase activities, including 3 planning, feasibility analysis, revenue forecasting, en- 4 vironmental review, preliminary engineering and de- 5 sign work, and other preconstruction activities; and 6 ‘‘(2) construction, reconstruction, rehabilitation, 7 acquisition of real property (including land related to 8 the project and improvements to the land), environ- 9 mental mitigation, construction contingencies, acqui- 10 sition of equipment, and operational improvements 11 directly related to improving system performance. 12 ‘‘(g) PROJECT REQUIREMENTS.—The Secretary may 13 select a project described under this section for funding 14 under this section only if the Secretary determines that the 15 project— 16 ‘‘(1) generates significant regional or national 17 economic, mobility, safety, resilience, or environ- 18 mental benefits; 19 ‘‘(2) is cost effective; 20 ‘‘(3) is based on the results of preliminary engi- 21 neering; 22 ‘‘(4) has secured or will secure acceptable levels 23 of non-Federal financial commitments, including— 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00409 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 410 •HR 3684 RH ‘‘(A) one or more stable and dependable 1 sources of funding and financing to construct, 2 maintain, and operate the project; and 3 ‘‘(B) contingency amounts to cover unan- 4 ticipated cost increases; 5 ‘‘(5) cannot be easily and efficiently completed 6 without additional Federal funding or financial as- 7 sistance available to the project sponsor, beyond exist- 8 ing Federal apportionments; and 9 ‘‘(6) is reasonably expected to begin construction 10 not later than 18 months after the date of obligation 11 of funds for the project. 12 ‘‘(h) MERIT CRITERIA AND CONSIDERATIONS.— 13 ‘‘(1) MERIT CRITERIA.—In awarding a grant 14 under this section, the Secretary shall evaluate the fol- 15 lowing merit criteria: 16 ‘‘(A) The extent to which the project sup- 17 ports achieving a state of good repair. 18 ‘‘(B) The level of benefits the project is ex- 19 pected to generate, including— 20 ‘‘(i) the costs avoided by the prevention 21 of closure or reduced use of the asset to be 22 improved by the project; 23 ‘‘(ii) reductions in maintenance costs 24 over the life of the asset; 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00410 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 411 •HR 3684 RH ‘‘(iii) safety benefits, including the re- 1 duction of accidents and related costs; 2 ‘‘(iv) improved person or freight 3 throughput, including congestion reduction 4 and reliability improvements; 5 ‘‘(v) national and regional economic 6 benefits; 7 ‘‘(vi) resilience benefits, including the 8 ability to withstand disruptions from a 9 seismic event; 10 ‘‘(vii) environmental benefits, includ- 11 ing reduction in greenhouse gas emissions 12 and air quality benefits; and 13 ‘‘(viii) benefits to all users of the 14 project, including pedestrian, bicycle, non- 15 vehicular, railroad, and public transpor- 16 tation users. 17 ‘‘(C) How the benefits compare to the costs 18 of the project. 19 ‘‘(D) The average number of people or vol- 20 ume of freight, as applicable, supported by the 21 project, including visitors based on travel and 22 tourism. 23 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00411 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 412 •HR 3684 RH ‘‘(2) ADDITIONAL CONSIDERATIONS.—In award- 1 ing a grant under this section, the Secretary shall 2 consider the following: 3 ‘‘(A) Whether the project spans at least 1 4 border between 2 States. 5 ‘‘(B) Whether the project serves low-income 6 residents of low-income communities, including 7 areas of persistent poverty, while not displacing 8 such residents. 9 ‘‘(C) Whether the project uses innovative 10 technologies, innovative design and construction 11 techniques, or pavement materials that dem- 12 onstrate reductions in greenhouse gas emissions 13 through sequestration or innovative manufac- 14 turing processes and, if so, the degree to which 15 such technologies, techniques, or materials are 16 used. 17 ‘‘(D) Whether the project improves 18 connectivity between modes of transportation 19 moving people or goods in the Nation or region. 20 ‘‘(E) Whether the project provides new or 21 improved connections between at least two metro- 22 politan areas with a population of at least 23 500,000. 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00412 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 413 •HR 3684 RH ‘‘(F) Whether the project would replace, re- 1 construct, or rehabilitate a commuter corridor 2 (including a high-commuter corridor (as such 3 term is defined in section 203(a)(6))) that is in 4 poor condition. 5 ‘‘(G) Whether the project would improve the 6 shared transportation corridor of a multistate 7 corridor. 8 ‘‘(i) PROJECT SELECTION.— 9 ‘‘(1) EVALUATION.—To evaluate applications for 10 funding under this section, the Secretary shall— 11 ‘‘(A) determine whether a project is eligible 12 for a grant under this section; 13 ‘‘(B) evaluate, through a methodology that 14 is discernible and transparent to the public, how 15 each application addresses the merit criteria 16 pursuant to subsection (h); 17 ‘‘(C) assign a quality rating for each merit 18 criteria for each application based on the evalua- 19 tion in subparagraph (B); 20 ‘‘(D) ensure that applications receive final 21 consideration by the Secretary to receive an 22 award under this section only on the basis of 23 such quality ratings and that the Secretary gives 24 final consideration only to applications that 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00413 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 414 •HR 3684 RH meet the minimally acceptable level for each of 1 the merit criteria; and 2 ‘‘(E) award grants only to projects rated 3 highly under the evaluation and rating process. 4 ‘‘(2) CONSIDERATIONS FOR LARGE PROJECTS.— 5 In awarding a grant for a large project, the Secretary 6 shall— 7 ‘‘(A) consider the amount of funds available 8 in future fiscal years for the program under this 9 section; and 10 ‘‘(B) assume the availability of funds in fu- 11 ture fiscal years for the program that extend be- 12 yond the period of authorization based on the 13 amount made available for the program in the 14 last fiscal year of the period of authorization. 15 ‘‘(3) GEOGRAPHIC DISTRIBUTION.—In awarding 16 grants under this section, the Secretary shall ensure 17 geographic diversity and a balance between rural and 18 urban communities among grant recipients over fiscal 19 years 2023 through 2026. 20 ‘‘(4) PUBLICATION OF METHODOLOGY.— 21 ‘‘(A) IN GENERAL.—Prior to the issuance of 22 any notice of funding opportunity for grants 23 under this section, the Secretary shall publish 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00414 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 415 •HR 3684 RH and make publicly available on the Department’s 1 website— 2 ‘‘(i) a detailed explanation of the merit 3 criteria developed under subsection (h); 4 ‘‘(ii) a description of the evaluation 5 process under this subsection; and 6 ‘‘(iii) how the Secretary shall deter- 7 mine whether a project satisfies each of the 8 requirements under subsection (g). 9 ‘‘(B) UPDATES.—The Secretary shall up- 10 date and make publicly available on the website 11 of the Department of Transportation such infor- 12 mation at any time a revision to the informa- 13 tion described in subparagraph (A) is made. 14 ‘‘(C) INFORMATION REQUIRED.—The Sec- 15 retary shall include in the published notice of 16 funding opportunity for a grant under this sec- 17 tion detailed information on the rating method- 18 ology and merit criteria to be used to evaluate 19 applications, or a reference to the information on 20 the website of the Department of Transportation, 21 as required by subparagraph (A). 22 ‘‘(j) FEDERAL SHARE.— 23 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00415 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 416 •HR 3684 RH ‘‘(1) IN GENERAL.—The Federal share of the cost 1 of a project carried out with a grant under this sec- 2 tion may not exceed 60 percent. 3 ‘‘(2) MAXIMUM FEDERAL INVOLVEMENT.—Fed- 4 eral assistance other than a grant under this section 5 may be used to satisfy the non-Federal share of the 6 cost of a project for which such a grant is made, ex- 7 cept that the total Federal assistance provided for a 8 project receiving a grant under this section may not 9 exceed 80 percent of the total project cost. 10 ‘‘(k) BRIDGE INVESTMENTS.—Of the amounts made 11 available to carry out this section, the Secretary shall re- 12 serve not less than $1,000,000,000 in each fiscal year to 13 make grants for projects described in subsection (e)(1)(A). 14 ‘‘(l) TREATMENT OF PROJECTS.— 15 ‘‘(1) FEDERAL REQUIREMENTS.—The Secretary 16 shall, with respect to a project funded by a grant 17 under this section, apply— 18 ‘‘(A) the requirements of this title to a high- 19 way project; 20 ‘‘(B) the requirements of chapter 53 of title 21 49 to a public transportation project; and 22 ‘‘(C) the requirements of section 22905 of 23 title 49 to a passenger rail or freight rail project. 24 ‘‘(2) MULTIMODAL PROJECTS.— 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00416 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 417 •HR 3684 RH ‘‘(A) IN GENERAL.—Except as otherwise 1 provided in this paragraph, if an eligible project 2 is a multimodal project, the Secretary shall— 3 ‘‘(i) determine the predominant modal 4 component of the project; and 5 ‘‘(ii) apply the applicable requirements 6 of such predominant modal component to 7 the project. 8 ‘‘(B) EXCEPTIONS.— 9 ‘‘(i) PASSENGER OR FREIGHT RAIL 10 COMPONENT.—For any passenger or freight 11 rail component of a project, the require- 12 ments of section 22907(j)(2) of title 49 shall 13 apply. 14 ‘‘(ii) PUBLIC TRANSPORTATION COMPO- 15 NENT.—For any public transportation com- 16 ponent of a project, the requirements of sec- 17 tion 5333 of title 49 shall apply. 18 ‘‘(C) BUY AMERICA.—In applying the Buy 19 America requirements under section 313 of this 20 title and sections 5320, 22905(a), and 24305(f) 21 of title 49 to a multimodal project under this 22 paragraph, the Secretary shall— 23 ‘‘(i) consider the various modal compo- 24 nents of the project; and 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00417 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 418 •HR 3684 RH ‘‘(ii) seek to maximize domestic jobs. 1 ‘‘(m) TIFIA PROGRAM.—At the request of an eligible 2 entity under this section, the Secretary may use amounts 3 awarded to the entity to pay subsidy and administrative 4 costs necessary to provide the entity Federal credit assist- 5 ance under chapter 6 with respect to the project for which 6 the grant was awarded. 7 ‘‘(n) ADMINISTRATION.—Of the amounts made avail- 8 able to carry out this section, the Secretary may use up 9 to $5,000,000 in each fiscal year for the costs of admin- 10 istering the program under this section. 11 ‘‘(o) TECHNICAL ASSISTANCE.—Of the amounts made 12 available to carry out this section, the Secretary may re- 13 serve up to $5,000,000 to provide technical assistance to eli- 14 gible entities. 15 ‘‘(p) CONGRESSIONAL REVIEW.— 16 ‘‘(1) NOTIFICATION.—Not less than 60 days be- 17 fore making an award under this section, the Sec- 18 retary shall submit to the Committee on Transpor- 19 tation and Infrastructure of the House of Representa- 20 tives and the Committee on Environment and Public 21 Works, the Committee on Banking, Housing, and 22 Urban Affairs, and the Committee on Commerce, 23 Science, and Transportation of the Senate— 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00418 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 419 •HR 3684 RH ‘‘(A) a list of all applications determined to 1 be eligible for a grant by the Secretary; 2 ‘‘(B) the quality ratings assigned to each 3 application pursuant to subsection (i); 4 ‘‘(C) a list of applications that received 5 final consideration by the Secretary to receive an 6 award under this section; 7 ‘‘(D) each application proposed to be se- 8 lected for a grant award; 9 ‘‘(E) proposed grant amounts, including for 10 each new multiyear grant agreement, the pro- 11 posed payout schedule for the project; and 12 ‘‘(F) an analysis of the impacts of any 13 large projects proposed to be selected on existing 14 commitments and anticipated funding levels for 15 the next 4 fiscal years, based on information 16 available to the Secretary at the time of the re- 17 port. 18 ‘‘(2) COMMITTEE REVIEW.—Before the last day 19 of the 60-day period described in paragraph (1), each 20 Committee described in paragraph (1) shall review 21 the Secretary’s list of proposed projects. 22 ‘‘(3) CONGRESSIONAL DISAPPROVAL.—The Sec- 23 retary may not make a grant or any other obligation 24 or commitment to fund a project under this section 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00419 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 420 •HR 3684 RH if a joint resolution is enacted disapproving funding 1 for the project before the last day of the 60-day period 2 described in paragraph (1). 3 ‘‘(q) TRANSPARENCY.— 4 ‘‘(1) IN GENERAL.—Not later than 30 days after 5 awarding a grant for a project under this section, the 6 Secretary shall send to all applicants, and publish on 7 the website of the Department of Transportation— 8 ‘‘(A) a summary of each application made 9 to the program for the grant application period; 10 and 11 ‘‘(B) the evaluation and justification for the 12 project selection, including ratings assigned to 13 all applications and a list of applications that 14 received final consideration by the Secretary to 15 receive an award under this section, for the 16 grant application period. 17 ‘‘(2) BRIEFING.—The Secretary shall provide, at 18 the request of a grant applicant under this section, 19 the opportunity to receive a briefing to explain any 20 reasons the grant applicant was not awarded a grant. 21 ‘‘(r) DEFINITION OF ELIGIBLE ENTITY.—In this sec- 22 tion, the term ‘eligible entity’ means— 23 ‘‘(1) a State or a group of States; 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00420 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 421 •HR 3684 RH ‘‘(2) a unit of local government, including a met- 1 ropolitan planning organization, or a group of local 2 governments; 3 ‘‘(3) a political subdivision of a State or local 4 government; 5 ‘‘(4) a special purpose district or public author- 6 ity with a transportation function, including a port 7 authority; 8 ‘‘(5) an Indian Tribe or Tribal organization; 9 ‘‘(6) a Federal agency eligible to receive funds 10 under section 201, 203, or 204, including the Army 11 Corps of Engineers, Bureau of Reclamation, and the 12 Bureau of Land Management, that applies jointly 13 with a State or group of States; 14 ‘‘(7) a territory; and 15 ‘‘(8) a multistate or multijurisdictional group of 16 entities described in this paragraph.’’. 17 (b) CLERICAL AMENDMENT.—The analysis for chapter 18 1 of title 23, United States Code, is amended by striking 19 the item relating to section 117 and inserting the following: 20 ‘‘117. Projects of national and regional significance.’’. SEC. 1302. COMMUNITY TRANSPORTATION INVESTMENT 21 GRANT PROGRAM. 22 (a) IN GENERAL.—Chapter 1 of title 23, United States 23 Code, as amended by this title, is further amended by add- 24 ing at the end the following: 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00421 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 422 •HR 3684 RH ‘‘§ 173. Community transportation investment grant 1 program 2 ‘‘(a) ESTABLISHMENT.—The Secretary shall establish 3 a community transportation investment grant program to 4 improve surface transportation safety, state of good repair, 5 accessibility, and environmental quality through infra- 6 structure investments. 7 ‘‘(b) GRANT AUTHORITY.— 8 ‘‘(1) IN GENERAL.—In carrying out the program 9 established under subsection (a), the Secretary shall 10 make grants, on a competitive basis, to eligible enti- 11 ties in accordance with this section. 12 ‘‘(2) GRANT AMOUNT.—The maximum amount of 13 a grant under this section shall be $25,000,000. 14 ‘‘(c) APPLICATIONS.—To be eligible for a grant under 15 this section, an eligible entity shall submit to the Secretary 16 an application in such form, at such time, and containing 17 such information as the Secretary may require. 18 ‘‘(d) ELIGIBLE PROJECT COSTS.—Grant amounts for 19 an eligible project carried out under this section may be 20 used for— 21 ‘‘(1) development phase activities, including 22 planning, feasibility analysis, revenue forecasting, en- 23 vironmental review, preliminary engineering and de- 24 sign work, and other preconstruction activities; and 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00422 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 423 •HR 3684 RH ‘‘(2) construction, reconstruction, rehabilitation, 1 acquisition of real property (including land related to 2 the project and improvements to such land), environ- 3 mental mitigation, construction contingencies, acqui- 4 sition of equipment, and operational improvements. 5 ‘‘(e) RURAL AND COMMUNITY SETASIDES.— 6 ‘‘(1) IN GENERAL.—The Secretary shall re- 7 serve— 8 ‘‘(A) not less than 25 percent of the 9 amounts made available to carry out this section 10 for projects located in rural areas; and 11 ‘‘(B) not less than 25 percent of the 12 amounts made available to carry out this section 13 for projects located in areas with a population 14 greater than 74,999 individuals and fewer than 15 200,001 individuals. 16 ‘‘(2) DEFINITION OF RURAL AREA.—In this sub- 17 section, the term ‘rural area’ means all areas of a 18 State or territory that are outside of an urbanized 19 area with a population greater than 74,999 individ- 20 uals, as determined by the Bureau of the Census. 21 ‘‘(3) EXCESS FUNDING.—If the Secretary deter- 22 mines that there are insufficient qualified applicants 23 to use the funds set aside under this subsection, the 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00423 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 424 •HR 3684 RH Secretary may use such funds for grants for any 1 projects eligible under this section. 2 ‘‘(f) EVALUATION.—To evaluate applications under 3 this section, the Secretary shall— 4 ‘‘(1) develop a process to objectively evaluate ap- 5 plications on the benefits of the project proposed in 6 such application— 7 ‘‘(A) to transportation safety, including re- 8 ductions in traffic fatalities and serious injuries; 9 ‘‘(B) to state of good repair, including im- 10 proved condition of bridges and pavements; 11 ‘‘(C) to transportation system access, in- 12 cluding improved access to jobs and services; and 13 ‘‘(D) in reducing greenhouse gas emissions; 14 ‘‘(2) develop a rating system to assign a numeric 15 value to each application, based on each of the cri- 16 teria described in paragraph (1); 17 ‘‘(3) for each application submitted, compare the 18 total benefits of the proposed project, as determined by 19 the rating system developed under paragraph (2), 20 with the costs of such project, and rank each applica- 21 tion based on the results of the comparison; and 22 ‘‘(4) ensure that only such applications that are 23 ranked highly based on the results of the comparison 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00424 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 425 •HR 3684 RH conducted under paragraph (3) are considered to re- 1 ceive a grant under this section. 2 ‘‘(g) WEIGHTING.—In establishing the evaluation 3 process under subsection (f), the Secretary may assign dif- 4 ferent weights to the criteria described in subsection (f)(1) 5 based on project type, population served by a project, and 6 other context-sensitive considerations, provided that— 7 ‘‘(1) each application is rated on all criteria de- 8 scribed in subsection (f)(1); and 9 ‘‘(2) each application has the same possible min- 10 imum and maximum rating, regardless of any dif- 11 ferences in the weighting of criteria. 12 ‘‘(h) TRANSPARENCY.— 13 ‘‘(1) PUBLICLY AVAILABLE INFORMATION.—Prior 14 to the issuance of any notice of funding opportunity 15 under this section, the Secretary shall make publicly 16 available on the website of the Department of Trans- 17 portation a detailed explanation of the evaluation 18 and rating process developed under subsection (f), in- 19 cluding any differences in the weighting of criteria 20 pursuant to subsection (g), if applicable, and update 21 such website for each revision of the evaluation and 22 rating process. 23 ‘‘(2) NOTIFICATIONS TO CONGRESS.—The Sec- 24 retary shall submit to the Committee on Transpor- 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00425 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 426 •HR 3684 RH tation and Infrastructure of the House of Representa- 1 tives, the Committee on Environment and Public 2 Works of the Senate, the Committee on Banking, 3 Housing, and Urban Affairs of the Senate, and the 4 Committee on Commerce, Science, and Transpor- 5 tation of the Senate the following written notifica- 6 tions: 7 ‘‘(A) A notification when the Secretary pub- 8 lishes or updates the information required under 9 paragraph (1). 10 ‘‘(B) Not later than 30 days prior to the 11 date on which the Secretary awards a grant 12 under this section, a notification that includes— 13 ‘‘(i) the ratings of each application 14 submitted pursuant to subsection (f)(2); 15 ‘‘(ii) the ranking of each application 16 submitted pursuant to subsection (f)(3); and 17 ‘‘(iii) a list of all applications that re- 18 ceive final consideration by the Secretary to 19 receive an award under this section pursu- 20 ant to subsection (f)(4). 21 ‘‘(C) Not later than 3 business days prior to 22 the date on which the Secretary announces the 23 award of a grant under this section, a notifica- 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00426 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 427 •HR 3684 RH tion describing each grant to be awarded, includ- 1 ing the amount and the recipient. 2 ‘‘(i) TECHNICAL ASSISTANCE.—Of the amounts made 3 available to carry out this section, the Secretary may re- 4 serve up to $3,000,000 in each fiscal year to provide tech- 5 nical assistance to eligible entities. 6 ‘‘(j) ADMINISTRATION.—Of the amounts made avail- 7 able to carry out this section, the Secretary may reserve 8 up to $5,000,000 for the administrative costs of carrying 9 out the program under this section. 10 ‘‘(k) TREATMENT OF PROJECTS.— 11 ‘‘(1) FEDERAL REQUIREMENTS.—The Secretary 12 shall, with respect to a project funded by a grant 13 under this section, apply— 14 ‘‘(A) the requirements of this title to a high- 15 way project; 16 ‘‘(B) the requirements of chapter 53 of title 17 49 to a public transportation project; and 18 ‘‘(C) the requirements of section 22905 of 19 title 49 to a passenger rail or freight rail project. 20 ‘‘(2) MULTIMODAL PROJECTS.— 21 ‘‘(A) IN GENERAL.—Except as otherwise 22 provided in this paragraph, if an eligible project 23 is a multimodal project, the Secretary shall— 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00427 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 428 •HR 3684 RH ‘‘(i) determine the predominant modal 1 component of the project; and 2 ‘‘(ii) apply the applicable requirements 3 of such predominant modal component to 4 the project. 5 ‘‘(B) EXCEPTIONS.— 6 ‘‘(i) PASSENGER OR FREIGHT RAIL 7 COMPONENT.—For any passenger or freight 8 rail component of a project, the require- 9 ments of section 22907(j)(2) of title 49 shall 10 apply. 11 ‘‘(ii) PUBLIC TRANSPORTATION COMPO- 12 NENT.—For any public transportation com- 13 ponent of a project, the requirements of sec- 14 tion 5333 of title 49 shall apply. 15 ‘‘(C) BUY AMERICA.—In applying the Buy 16 America requirements under section 313 of this 17 title and sections 5320, 22905(a), and 24305(f) 18 of title 49 to a multimodal project under this 19 paragraph, the Secretary shall— 20 ‘‘(i) consider the various modal compo- 21 nents of the project; and 22 ‘‘(ii) seek to maximize domestic jobs. 23 ‘‘(l) TRANSPARENCY.— 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00428 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 429 •HR 3684 RH ‘‘(1) IN GENERAL.—Not later than 30 days after 1 awarding a grant for a project under this section, the 2 Secretary shall send to all applicants, and publish on 3 the website of the Department of Transportation— 4 ‘‘(A) a summary of each application made 5 to the program for the grant application period; 6 and 7 ‘‘(B) the evaluation and justification for the 8 project selection, including ratings and rankings 9 assigned to all applications and a list of appli- 10 cations that received final consideration by the 11 Secretary to receive an award under this section, 12 for the grant application period. 13 ‘‘(2) BRIEFING.—The Secretary shall provide, at 14 the request of a grant applicant under this section, 15 the opportunity to receive a briefing to explain any 16 reasons the grant applicant was not awarded a grant. 17 ‘‘(m) DEFINITIONS.—In this section: 18 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible enti- 19 ty’ means— 20 ‘‘(A) a metropolitan planning organization; 21 ‘‘(B) a unit of local government; 22 ‘‘(C) a transit agency; 23 ‘‘(D) an Indian Tribe or Tribal organiza- 24 tion; 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00429 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 430 •HR 3684 RH ‘‘(E) a multijurisdictional group of entities 1 described in this paragraph; 2 ‘‘(F) a special purpose district with a 3 transportation function or a port authority; 4 ‘‘(G) a territory; or 5 ‘‘(H) a State that applies for a grant under 6 this section jointly with an entity described in 7 subparagraphs (A) through (G). 8 ‘‘(2) ELIGIBLE PROJECT.—The term ‘eligible 9 project’ means any project eligible under this title or 10 chapter 53 of title 49.’’. 11 (b) CLERICAL AMENDMENT.—The analysis for chapter 12 1 of title 23, United States Code, is further amended by 13 adding at the end the following new item: 14 ‘‘173. Community transportation investment grant program.’’. SEC. 1303. CLEAN CORRIDORS PROGRAM. 15 (a) PURPOSE.—The purpose of this section is to estab- 16 lish a formula program to strategically deploy electric vehi- 17 cle charging infrastructure along designated alternative fuel 18 corridors that will be accessible to all drivers of electric ve- 19 hicles. 20 (b) NATIONAL ELECTRIC VEHICLE CHARGING AND HY- 21 DROGEN, PROPANE, AND NATURAL GAS FUELING COR- 22 RIDORS.—Section 151 of title 23, United States Code, is 23 amended— 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00430 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 431 •HR 3684 RH (1) in subsection (a) by striking ‘‘Not later than 1 1 year after the date of enactment of the FAST Act, 2 the Secretary shall’’ and inserting ‘‘The Secretary 3 shall periodically’’; 4 (2) in subsection (b)(2) by inserting ‘‘previously 5 designated by the Federal Highway Administration 6 or’’ after ‘‘fueling corridors’’; 7 (3) in subsection (d)— 8 (A) by striking ‘‘Not later than’’ and insert- 9 ing the following: 10 ‘‘(1) IN GENERAL.—Not later than’’; 11 (B) by striking ‘‘5 years after the date of es- 12 tablishment of the corridors under subsection (a), 13 and every 5 years thereafter’’ and inserting ‘‘180 14 days after the date of enactment of the INVEST 15 in America Act’’; 16 (C) by inserting ‘‘establish a recurring proc- 17 ess to regularly’’ after ‘‘the Secretary shall’’; and 18 (D) by adding at the end the following: 19 ‘‘(2) FREIGHT CORRIDORS.—Not later than 1 20 year after the date of enactment of the INVEST in 21 America Act, the Secretary shall designate national 22 electric vehicle charging and hydrogen fueling freight 23 corridors that identify the near- and long-term need 24 for, and the location of, electric vehicle charging and 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00431 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 432 •HR 3684 RH hydrogen fueling infrastructure to support freight and 1 goods movement at strategic locations along major 2 national highways, the National Highway Freight 3 Network, and goods movement locations including 4 ports, intermodal centers, and warehousing loca- 5 tions.’’; 6 (4) in subsection (e)— 7 (A) in paragraph (1) by striking ‘‘; and’’ 8 and inserting a semicolon; 9 (B) in paragraph (2)— 10 (i) by striking ‘‘establishes an aspira- 11 tional goal of achieving’’ and inserting ‘‘de- 12 scribes efforts to achieve’’; and 13 (ii) by striking ‘‘by the end of fiscal 14 year 2020.’’ and inserting ‘‘, including 15 progress on the implementation of sub- 16 section (f); and’’; 17 (C) by adding at the end the following: 18 ‘‘(3) summarizes best practices and provides 19 guidance, developed through consultation with the 20 Secretary of Energy, for project development of elec- 21 tric vehicle charging infrastructure to allow for the 22 predictable deployment of such infrastructure.’’; and 23 (5) by adding at the end the following: 24 ‘‘(f) CLEAN CORRIDORS PROGRAM.— 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00432 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 433 •HR 3684 RH ‘‘(1) ESTABLISHMENT.—There is established a 1 clean corridors program (referred to in this subsection 2 as the ‘‘Program’’) to provide funding to States to 3 strategically deploy electric vehicle charging and hy- 4 drogen fueling infrastructure along alternative fuel 5 corridors and to establish an interconnected network 6 to facilitate data collection, access, and reliability. 7 ‘‘(2) PURPOSE.—The purpose of the Program is 8 to provide funding for— 9 ‘‘(A) the acquisition and installation of elec- 10 tric vehicle charging infrastructure and hydrogen 11 fueling infrastructure to serve as a catalyst for 12 the deployment of such infrastructure and to 13 connect it to a network to facilitate data collec- 14 tion, access, and reliability; 15 ‘‘(B) proper operation and maintenance of 16 electric vehicle charging infrastructure; and 17 ‘‘(C) data sharing about charging and fuel- 18 ing infrastructure to ensure the long-term success 19 of investments made through the Program. 20 ‘‘(3) ALTERNATIVE DISTRIBUTION OF FUNDS.— 21 ‘‘(A) PLAN.—The Secretary shall establish a 22 deadline by which a State shall provide a plan 23 to the Secretary, in such form and such manner 24 that the Secretary requires, describing how such 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00433 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 434 •HR 3684 RH State intends to use its allocation under this sec- 1 tion. 2 ‘‘(B) EFFICIENT OBLIGATION OF FUNDS.—If 3 a State fails to submit the plan required by sub- 4 paragraph (A) to the Secretary in a timely man- 5 ner, or if the Secretary determines a State has 6 not taken sufficient action to carry out its plan, 7 the Secretary may— 8 ‘‘(i) withdraw from the State the funds 9 that were apportioned to the State for a fis- 10 cal year under section 104(b)(10); 11 ‘‘(ii) award such funds on a competi- 12 tive basis to local units of government with- 13 in the State for use on projects that meet 14 the eligibility requirements described in 15 paragraph (4); and 16 ‘‘(iii) ensure timely obligation of such 17 funds. 18 ‘‘(C) REDISTRIBUTION AMONG STATES.—If 19 the Secretary determines that any funds with- 20 drawn from a State under subparagraph (B)(i) 21 cannot be fully awarded to local units of govern- 22 ment within the State under subparagraph 23 (B)(ii) in a manner consistent with the purpose 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00434 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 435 •HR 3684 RH of this subsection, any such funds remaining 1 under subparagraph (B)(i) shall be— 2 ‘‘(i) apportioned among other States 3 (except States for which funds for that fiscal 4 year have been withdrawn under subpara- 5 graph (B)(i)) in the same ratio as funds 6 apportioned for that fiscal year under sec- 7 tion 104(b)(10)(C) for the Program; and 8 ‘‘(ii) only available to carry out this 9 section. 10 ‘‘(4) ELIGIBLE PROJECTS.— 11 ‘‘(A) IN GENERAL.—Funding made avail- 12 able under this subsection shall be for projects— 13 ‘‘(i) directly related to the electric 14 charging or hydrogen fueling of a vehicle; 15 and 16 ‘‘(ii) only for infrastructure that is 17 open to the general public or to authorized 18 commercial motor vehicle operators from 19 more than 1 company. 20 ‘‘(B) LOCATION OF INFRASTRUCTURE.— 21 ‘‘(i) IN GENERAL.—Any charging or 22 fueling infrastructure acquired or installed 23 with funding under this subsection shall be 24 located along an alternative fuel corridor. 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00435 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 436 •HR 3684 RH ‘‘(ii) GUIDANCE.—Not later than 90 1 days after the date of enactment of the IN- 2 VEST in America Act, the Secretary of 3 Transportation, in coordination with the 4 Secretary of Energy, shall develop guidance 5 for States and localities to strategically de- 6 ploy charging and fueling infrastructure 7 along alternative fuel corridors, consistent 8 with this section. 9 ‘‘(iii) ADDITIONAL CONSIDERATIONS.— 10 In developing the guidance required under 11 clause (ii), the Secretary of Transportation, 12 in coordination with the Secretary of En- 13 ergy, shall consider— 14 ‘‘(I) the distance between publicly 15 available charging and fueling infra- 16 structure eligible under this section; 17 ‘‘(II) connections to the electric 18 grid or fuel distribution system, in- 19 cluding electric distribution upgrades, 20 vehicle-to-grid integration, including 21 smart charge management or other 22 protocols that can minimize impacts to 23 the electric grid, and alignment with 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00436 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 437 •HR 3684 RH electric distribution interconnection 1 processes; 2 ‘‘(III) plans to protect the electric 3 grid from added load of charging dis- 4 tribution systems from adverse impacts 5 of changing load patterns, including 6 through on site storage; 7 ‘‘(IV) plans for the use of renew- 8 able energy sources to power charging, 9 energy storage, and hydrogen fuel pro- 10 duction; 11 ‘‘(V) the proximity of existing off- 12 highway travel centers, fuel retailers, 13 and small businesses to electric vehicle 14 charging infrastructure acquired or 15 funded under this subsection; 16 ‘‘(VI) the need for publicly avail- 17 able electric vehicle charging infra- 18 structure in rural corridors; 19 ‘‘(VII) the long-term operation 20 and maintenance of publicly available 21 electric vehicle charging infrastructure 22 to avoid stranded assets and protect 23 the investment of public funds in that 24 infrastructure; 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00437 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 438 •HR 3684 RH ‘‘(VIII) existing private, national, 1 State, local, Tribal, and territorial 2 government electric vehicle charging 3 infrastructure programs and incen- 4 tives; 5 ‘‘(IX) fostering enhanced, coordi- 6 nated, public-private or private invest- 7 ment in charging and fueling infra- 8 structure; 9 ‘‘(X) ensuring consumer protec- 10 tion and pricing transparency; 11 ‘‘(XI) the availability of onsite 12 amenities for vehicle operators, includ- 13 ing restrooms or food facilities; and 14 ‘‘(XII) any other factors, as deter- 15 mined by the Secretary. 16 ‘‘(5) ELIGIBLE PROJECT COSTS.—Subject to 17 paragraph (6), funds made available under this sub- 18 section may be used for— 19 ‘‘(A) the acquisition or installation of elec- 20 tric vehicle charging or hydrogen fueling infra- 21 structure; 22 ‘‘(B) operating assistance for costs allocable 23 to operating and maintaining infrastructure ac- 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00438 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 439 •HR 3684 RH quired or installed under this subsection, for a 1 period not to exceed five years; 2 ‘‘(C) the acquisition or installation of traf- 3 fic control devices located in the right-of-way to 4 provide directional information to infrastructure 5 acquired, installed, or operated under this sub- 6 section; or 7 ‘‘(D) on-premises signs to provide informa- 8 tion about infrastructure acquired, installed, or 9 operated under this subsection. 10 ‘‘(6) GUIDANCE.—Not later than 180 days after 11 the date of enactment of the INVEST in America Act, 12 the Secretary of Transportation, in coordination with 13 the Secretary of Energy, shall, as appropriate, pub- 14 lish guidance for public comment related to— 15 ‘‘(A) the installation, operation, or mainte- 16 nance by qualified technicians of electric vehicle 17 charging infrastructure under this subsection; 18 ‘‘(B) the physical and payment interoper- 19 ability of electric vehicle charging infrastructure 20 under this subsection; 21 ‘‘(C) any traffic control device or on-prem- 22 ises sign acquired, installed, or operated under 23 this subsection; 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00439 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 440 •HR 3684 RH ‘‘(D) any data requested by the Secretary 1 related to a project funded under this subsection, 2 including the format and schedule for the sub- 3 mission of such data; and 4 ‘‘(E) network connectivity of electric vehicle 5 charging that includes measures to protect per- 6 sonal privacy and ensure cybersecurity. 7 ‘‘(7) FEDERAL SHARE.—The Federal share pay- 8 able for the cost of a project funded under this sub- 9 section shall be 80 percent. 10 ‘‘(8) PERIOD OF AVAILABILITY.—Notwith- 11 standing section 118(b), funds made available for the 12 Program shall be available until expended. 13 ‘‘(9) ADDITIONAL ASSISTANCE GRANTS.—For 14 each of fiscal years 2023 through 2026, before making 15 an apportionment under section 104(b)(10), the Sec- 16 retary shall set aside, from amounts made available 17 to carry out the clean corridors program under this 18 subsection, $100,000,000 for grants to States or local- 19 ities that require additional assistance to strategically 20 deploy infrastructure eligible under this subsection 21 along alternative fuel corridors to fill gaps in the na- 22 tional charging network, including in rural areas. 23 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00440 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 441 •HR 3684 RH ‘‘(10) DEFINITION OF ALTERNATIVE FUEL COR- 1 RIDORS.—In this subsection, the term ‘alternative fuel 2 corridors’ means a fuel corridor— 3 ‘‘(A) designated under subsection (a); or 4 ‘‘(B) equivalent to a fuel corridor described 5 under such subsection that is designated, after 6 consultation with any affected Indian Tribes or 7 Tribal organizations, by a State or group of 8 States.’’. 9 SEC. 1304. COMMUNITY CLIMATE INNOVATION GRANTS. 10 (a) IN GENERAL.—Chapter 1 of title 23, United States 11 Code, as amended by this title, is further amended by in- 12 serting after section 171 the following: 13 ‘‘§ 172. Community climate innovation grants 14 ‘‘(a) ESTABLISHMENT.—The Secretary shall establish 15 a community climate innovation grant program (in this 16 section referred to as the ‘Program’) to make grants, on a 17 competitive basis, for locally selected projects that reduce 18 greenhouse gas emissions while improving the mobility, ac- 19 cessibility, and connectivity of the surface transportation 20 system. 21 ‘‘(b) PURPOSE.—The purpose of the Program shall be 22 to support communities in reducing greenhouse gas emis- 23 sions from the surface transportation system. 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00441 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 442 •HR 3684 RH ‘‘(c) ELIGIBLE APPLICANTS.—The Secretary may 1 make grants under the Program to the following entities: 2 ‘‘(1) A metropolitan planning organization. 3 ‘‘(2) A unit of local government or a group of 4 local governments, or a county or multi-county spe- 5 cial district. 6 ‘‘(3) A subdivision of a local government. 7 ‘‘(4) A transit agency. 8 ‘‘(5) A special purpose district with a transpor- 9 tation function or a port authority. 10 ‘‘(6) An Indian Tribe or Tribal organization. 11 ‘‘(7) A territory. 12 ‘‘(8) A multijurisdictional group of entities de- 13 scribed in paragraphs (1) through (7). 14 ‘‘(d) APPLICATIONS.—To be eligible for a grant under 15 the Program, an entity specified in subsection (c) shall sub- 16 mit to the Secretary an application in such form, at such 17 time, and containing such information as the Secretary de- 18 termines appropriate. 19 ‘‘(e) ELIGIBLE PROJECTS.—The Secretary may only 20 provide a grant under the Program for a project that is 21 expected to yield a significant reduction in greenhouse gas 22 emissions from the surface transportation system and— 23 ‘‘(1) is a project eligible for assistance under this 24 title or under chapter 53 of title 49, or is a capital 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00442 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 443 •HR 3684 RH project for vehicles and facilities, whether publicly or 1 privately owned, that are used to provide intercity 2 passenger service by bus; or 3 ‘‘(2) is a capital project as defined in section 4 22906 of title 49 to improve intercity passenger rail 5 that will yield a significant reduction in single occu- 6 pant vehicle trips and improve mobility on public 7 roads. 8 ‘‘(f) ELIGIBLE USES.—Grant amounts received for a 9 project under the Program may be used for— 10 ‘‘(1) development phase activities, including 11 planning, feasibility analysis, revenue forecasting, en- 12 vironmental review, preliminary engineering and de- 13 sign work, and other preconstruction activities; and 14 ‘‘(2) construction, reconstruction, rehabilitation, 15 acquisition of real property (including land related to 16 the project and improvements to the land), environ- 17 mental mitigation, construction contingencies, acqui- 18 sition of equipment, and operational improvements. 19 ‘‘(g) PROJECT PRIORITIZATION.—In making grants 20 for projects under the Program, the Secretary shall give pri- 21 ority to projects that are expected to yield the most signifi- 22 cant reductions in greenhouse gas emissions from the sur- 23 face transportation system. 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00443 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 444 •HR 3684 RH ‘‘(h) ADDITIONAL CONSIDERATIONS.—In making 1 grants for projects under the Program, the Secretary shall 2 consider the extent to which— 3 ‘‘(1) a project maximizes greenhouse gas reduc- 4 tions in a cost-effective manner; 5 ‘‘(2) a project reduces dependence on single-occu- 6 pant vehicle trips or provides additional transpor- 7 tation options; 8 ‘‘(3) a project improves the connectivity and ac- 9 cessibility of the surface transportation system, par- 10 ticularly to low- and zero-emission forms of transpor- 11 tation, including public transportation, walking, and 12 bicycling; 13 ‘‘(4) an applicant has adequately considered or 14 will adequately consider, including through the oppor- 15 tunity for public comment, the environmental justice 16 and equity impacts of the project; 17 ‘‘(5) a project contributes to geographic diversity 18 among grant recipients, including to achieve a bal- 19 ance between urban, suburban, and rural commu- 20 nities; 21 ‘‘(6) a project serves low-income residents of low- 22 income communities, including areas of persistent 23 poverty, while not displacing such residents; 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00444 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 445 •HR 3684 RH ‘‘(7) a project uses pavement materials that dem- 1 onstrate reductions in greenhouse gas emissions 2 through sequestration or innovative manufacturing 3 processes; 4 ‘‘(8) a project repurposes neglected or underused 5 infrastructure, including abandoned highways, 6 bridges, railways, trail ways, and adjacent underused 7 spaces, into new hybrid forms of public space that 8 support multiple modes of transportation; and 9 ‘‘(9) a project includes regional multimodal 10 transportation system management and operations 11 elements that will improve the effectiveness of such 12 project and encourage reduction of single occupancy 13 trips by providing the ability of users to plan, use, 14 and pay for multimodal transportation alternatives. 15 ‘‘(i) FUNDING.— 16 ‘‘(1) MAXIMUM AMOUNT.—The maximum 17 amount of a grant under the Program shall be 18 $25,000,000. 19 ‘‘(2) TECHNICAL ASSISTANCE.—Of the amounts 20 made available to carry out the Program, the Sec- 21 retary may use up to 1 percent to provide technical 22 assistance to applicants and potential applicants. 23 ‘‘(j) TREATMENT OF PROJECTS.— 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00445 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 446 •HR 3684 RH ‘‘(1) FEDERAL REQUIREMENTS.—The Secretary 1 shall, with respect to a project funded by a grant 2 under this section, apply— 3 ‘‘(A) the requirements of this title to a high- 4 way project; 5 ‘‘(B) the requirements of chapter 53 of title 6 49 to a public transportation project; and 7 ‘‘(C) the requirements of section 22905 of 8 title 49 to a passenger rail or freight rail project. 9 ‘‘(2) MULTIMODAL PROJECTS.— 10 ‘‘(A) IN GENERAL.—Except as otherwise 11 provided in this paragraph, if an eligible project 12 is a multimodal project, the Secretary shall— 13 ‘‘(i) determine the predominant modal 14 component of the project; and 15 ‘‘(ii) apply the applicable requirements 16 of such predominant modal component to 17 the project. 18 ‘‘(B) EXCEPTIONS.— 19 ‘‘(i) PASSENGER OR FREIGHT RAIL 20 COMPONENT.—For any passenger or freight 21 rail component of a project, the require- 22 ments of section 22907(j)(2) of title 49 shall 23 apply. 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00446 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 447 •HR 3684 RH ‘‘(ii) PUBLIC TRANSPORTATION COMPO- 1 NENT.—For any public transportation com- 2 ponent of a project, the requirements of sec- 3 tion 5333 of title 49 shall apply. 4 ‘‘(C) BUY AMERICA.—In applying the Buy 5 America requirements under section 313 of this 6 title and sections 5320, 22905(a), and 24305(f) 7 of title 49 to a multimodal project under this 8 paragraph, the Secretary shall— 9 ‘‘(i) consider the various modal compo- 10 nents of the project; and 11 ‘‘(ii) seek to maximize domestic jobs. 12 ‘‘(k) SINGLE-OCCUPANCY VEHICLE HIGHWAY FACILI- 13 TIES.—None of the funds provided under this section may 14 be used for a project that will result in the construction 15 of new capacity available to single occupant vehicles unless 16 the project consists of a high-occupancy vehicle facility and 17 is consistent with section 166. 18 ‘‘(l) PUBLIC COMMENT.—Prior to issuing the notice of 19 funding opportunity for funding under this section for fis- 20 cal year 2023, the Secretary, in consultation with the Ad- 21 ministrator of the Environmental Protection Agency, shall 22 solicit public comment on the method of determining the 23 significant reduction in greenhouse gas emissions required 24 under subsection (e). 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00447 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 448 •HR 3684 RH ‘‘(m) CONSULTATION.—Prior to making an award 1 under this section in a given fiscal year, the Secretary shall 2 consult with the Administrator of the Environmental Pro- 3 tection Agency to determine which projects are expected to 4 yield a significant reduction in greenhouse gas emissions 5 as required under subsection (e). 6 ‘‘(n) RURAL SET-ASIDE.— 7 ‘‘(1) IN GENERAL.—The Secretary shall set aside 8 not less than 10 percent of the amounts made avail- 9 able to carry out this section for projects located in 10 rural areas. 11 ‘‘(2) DEFINITION OF RURAL AREA.—In this sub- 12 section, the term ‘rural area’ means all areas of a 13 State or territory that are outside of an urbanized 14 area with a population greater than 74,999 individ- 15 uals, as determined by the Bureau of the Census.’’. 16 (b) CLERICAL AMENDMENT.—The analysis for chapter 17 1 of title 23, United States Code, is amended by inserting 18 after the item relating to section 171 the following: 19 ‘‘172. Community climate innovation grants.’’. SEC. 1305. METRO PERFORMANCE PROGRAM. 20 (a) ESTABLISHMENT.—The Secretary of Transpor- 21 tation shall establish a metro performance program in ac- 22 cordance with this section to enhance local decision making 23 and provide enhanced local control in transportation 24 project delivery. 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00448 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 449 •HR 3684 RH (b) DIRECT RECIPIENT DESIGNATION.— 1 (1) IN GENERAL.—The Secretary shall designate 2 high-performing metropolitan planning organizations 3 based on the criteria in paragraph (3) to be direct re- 4 cipients of funds under this section. 5 (2) AUTHORITY.—Nothing in this section shall be 6 construed to prohibit a direct recipient from taking 7 any action otherwise authorized to secure and expend 8 Federal funds authorized under chapter 1 of title 23, 9 United States Code. 10 (3) CRITERIA.—In designating an applicant 11 under this subsection, the Secretary shall consider— 12 (A) the legal, financial, and technical ca- 13 pacity of the applicant; 14 (B) the level of coordination between the ap- 15 plicant and— 16 (i) the State department of transpor- 17 tation of the State or States in which the 18 metropolitan planning area represented by 19 the applicant is located; 20 (ii) local governments and providers of 21 public transportation within the metropoli- 22 tan planning area represented by the appli- 23 cant; and 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00449 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 450 •HR 3684 RH (iii) if more than one metropolitan 1 planning organization is designated within 2 an urbanized area represented by the appli- 3 cant, any other such metropolitan planning 4 organization; 5 (C) in the case of an applicant that rep- 6 resents an urbanized area population of greater 7 than 200,000, the effectiveness of project delivery 8 and timely obligation of funds made available 9 under section 133(d)(1)(A)(i) of title 23, United 10 States Code; 11 (D) if the applicant or a local government 12 within the metropolitan planning area that the 13 applicant represents has been the recipient of a 14 discretionary grant from the Secretary within 15 the preceding 5 years, the administration of such 16 grant; 17 (E) the extent to which the planning and 18 decision making process of the applicant, includ- 19 ing the long-range transportation plan and the 20 approved transportation improvement program 21 under section 134 of such title, support— 22 (i) the performance goals established 23 under section 150(b) of such title; and 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00450 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 451 •HR 3684 RH (ii) the achievement of metropolitan or 1 statewide performance targets established 2 under section 150(d) of such title; 3 (F) whether the applicant is a designated 4 recipient of funds as described under subpara- 5 graphs (A) and (B) of section 5302(4) of title 49, 6 United States Code, or a direct recipient of 7 funds under section 5307 of such title from the 8 Federal Transit Administration; and 9 (G) any other criteria established by the 10 Secretary. 11 (4) REQUIREMENTS.— 12 (A) CALL FOR NOMINATION.—Not later than 13 February 1, 2022, the Secretary shall publish in 14 the Federal Register a notice soliciting applica- 15 tions for designation under this subsection. 16 (B) GUIDANCE.—The notification under 17 paragraph (1) shall include guidance on the re- 18 quirements and responsibilities of a direct re- 19 cipient under this section, including imple- 20 menting regulations. 21 (C) DETERMINATION.—The Secretary shall 22 make all designations under this section for fis- 23 cal year 2023 not later than June 1, 2022. 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00451 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 452 •HR 3684 RH (5) TERM.—Except as provided in paragraph 1 (6), a designation under this subsection shall— 2 (A) be for a period of not less than 5 years; 3 and 4 (B) be renewable. 5 (6) TERMINATION.— 6 (A) IN GENERAL.—The Secretary shall es- 7 tablish procedures for the termination of a des- 8 ignation under this subsection. 9 (B) CONSIDERATIONS.—In establishing pro- 10 cedures under subparagraph (A), the Secretary 11 shall consider— 12 (i) with respect to projects carried out 13 under this section, compliance with the re- 14 quirements of title 23, United States Code, 15 or chapter 53 of title 49, United States 16 Code; and 17 (ii) the obligation rate of any funds— 18 (I) made available under this sec- 19 tion; and 20 (II) in the case of a metropolitan 21 planning organization that represents 22 a metropolitan planning area with an 23 urbanized area population of greater 24 than 200,000, made available under 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00452 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 453 •HR 3684 RH section 133(d)(1)(A)(i) of title 23, 1 United States Code. 2 (c) USE OF FUNDS.— 3 (1) ELIGIBLE PROJECTS.—Funds made available 4 under this section may be obligated for the purposes 5 described in section 133(b) of title 23, United States 6 Code. 7 (2) ADMINISTRATIVE EXPENSES AND TECHNICAL 8 ASSISTANCE.—Of the amounts made available under 9 this section, the Secretary may set aside not more 10 than $5,000,000 in each of fiscal years 2023 through 11 2026 for program management, oversight, and tech- 12 nical assistance to direct recipients. 13 (d) RESPONSIBILITIES OF DIRECT RECIPIENTS.— 14 (1) DIRECT AVAILABILITY OF FUNDS.—Notwith- 15 standing title 23, United States Code, the amounts 16 made available under this section shall be allocated to 17 each direct recipient for obligation. 18 (2) DISTRIBUTION OF AMOUNTS AMONG DIRECT 19 RECIPIENTS.— 20 (A) IN GENERAL.—Subject to subparagraph 21 (B), on the first day of the fiscal year for which 22 funds are made available under this section, the 23 Secretary shall allocate such funds to each direct 24 recipient as the proportion of the population (as 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00453 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 454 •HR 3684 RH determined by data collected by the Bureau of 1 the Census) of the urbanized area represented by 2 any 1 direct recipient bears to the total popu- 3 lation of all of urbanized areas represented by all 4 direct recipients. 5 (B) MINIMUM AND MAXIMUM AMOUNTS.—Of 6 funds allocated to direct recipients under sub- 7 paragraph (A), each direct recipient shall receive 8 not less than $10,000,000 and not more than 9 $50,000,000 each fiscal year. 10 (C) MINIMUM GUARANTEED AMOUNT.—In 11 making a determination whether to designate a 12 metropolitan planning organization as a direct 13 recipient under subsection (b), the Secretary 14 shall ensure that each direct recipient receives 15 the minimum required allocation under subpara- 16 graph (B). 17 (D) ADDITIONAL AMOUNTS.—If any 18 amounts remain undistributed after the distribu- 19 tion described in this subsection, such remaining 20 amounts and an associated amount of obligation 21 limitation shall be made available as if suballo- 22 cated under clauses (i) and (ii) of section 23 133(d)(1)(A) of title 23, United States Code, and 24 distributed among the States in the proportion 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00454 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 455 •HR 3684 RH that the relative shares of the population (as de- 1 termined by data collected by the Bureau of the 2 Census) of the urbanized areas of each State 3 bears to the total populations of all urbanized 4 areas across all States. 5 (3) PROJECT DELIVERY.— 6 (A) IN GENERAL.—For 1 or more projects 7 carried out with funds provided under this sec- 8 tion, the direct recipient may, consistent with 9 the agreement entered into with the Secretary 10 under this paragraph, assume the Federal-aid 11 highway project approval and oversight respon- 12 sibilities vested in the State department of trans- 13 portation under section 106 of title 23, United 14 States Code. 15 (B) PARTNERSHIP.—The direct recipient 16 may partner with a State, unit of local govern- 17 ment, regional entity, or transit agency to carry 18 out a project under this section. 19 (C) PROCEDURAL, LEGAL, AND SUB- 20 STANTIVE REQUIREMENTS.—A direct recipient 21 entering into an agreement with the Secretary 22 under this section shall assume responsibility for 23 compliance with all procedural and substantive 24 requirements as would apply if that responsi- 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00455 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 456 •HR 3684 RH bility were carried out by a State, unless the di- 1 rect recipient or the Secretary determines that 2 such assumption of responsibility for 1 or more 3 of the procedural and substantive requirements is 4 not appropriate. 5 (D) WRITTEN AGREEMENT.—The Secretary 6 and the direct recipient shall enter into an 7 agreement in writing relating to the extent to 8 which the direct recipient assumes the respon- 9 sibilities of the Secretary under this paragraph. 10 Such agreement shall be developed in consulta- 11 tion with the State. 12 (E) USE OF FUNDS.—The direct recipient 13 may use amounts made available under this sec- 14 tion for costs incurred in implementing this 15 paragraph and to compensate a State, unit of 16 local government, or transit agency for costs in- 17 curred in providing assistance under this para- 18 graph. 19 (F) LIMITATIONS.—The direct recipient 20 may not assume responsibilities described in sub- 21 paragraph (A) for any project that the Secretary 22 determines to be in a high-risk category, includ- 23 ing projects on the National Highway System. 24 (e) EXPENDITURE OF FUNDS.— 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00456 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 457 •HR 3684 RH (1) CONSISTENCY WITH METROPOLITAN PLAN- 1 NING.—Except as otherwise provided in this section, 2 programming and expenditure of funds for projects 3 under this section shall be consistent with the require- 4 ments of section 134 of title 23, United States Code, 5 and section 5303 of title 49, United States Code. 6 (2) SELECTION OF PROJECTS.— 7 (A) IN GENERAL.—Notwithstanding sub- 8 sections (j)(5) and (k)(4) of section 134 of title 9 23, United States Code, or subsections (j)(5) and 10 (k)(4) of section 5303 of title 49, United States 11 Code, a direct recipient shall select, from the ap- 12 proved transportation improvement program 13 under such sections, all projects to be funded 14 under this section, including projects on the Na- 15 tional Highway System. 16 (B) ELIGIBLE PROJECTS.—The project se- 17 lection process described in this subsection shall 18 apply to all federally funded projects within the 19 boundaries of a metropolitan planning area 20 served by a direct recipient that are carried out 21 under this section. 22 (C) CONSULTATION REQUIRED.—In select- 23 ing a project under this subsection, the metro- 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00457 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 458 •HR 3684 RH politan planning organization shall consult 1 with— 2 (i) in the case of a highway project, the 3 State and locality in which such project is 4 located; and 5 (ii) in the case of a transit project, any 6 affected public transportation operator. 7 (3) RULE OF CONSTRUCTION.—Nothing in this 8 section shall be construed to limit the ability of a di- 9 rect recipient to partner with a State department of 10 transportation or other recipient of Federal funds 11 under title 23, United States Code, or chapter 53 of 12 title 49, United States Code, to carry out a project. 13 (f) TREATMENT OF FUNDS.— 14 (1) IN GENERAL.—Except as provided in this 15 section, funds made available to carry out this section 16 shall be administered as if apportioned under chapter 17 1 of title 23, United States Code. 18 (2) FEDERAL SHARE.—The Federal share of the 19 cost of a project carried out under this section shall 20 be determined in accordance with section 120 of title 21 23, United States Code. 22 (g) REPORT.— 23 (1) DIRECT RECIPIENT REPORT.—Not later than 24 60 days after the end of each fiscal year, each direct 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00458 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 459 •HR 3684 RH recipient shall submit to the Secretary a report that 1 includes— 2 (A) a list of projects funded with amounts 3 provided under this section; 4 (B) a description of any obstacles to com- 5 plete projects or timely obligation of funds; and 6 (C) recommendations to improve the effec- 7 tiveness of the program under this section. 8 (2) REPORT TO CONGRESS.—Not later than Oc- 9 tober 1, 2024, the Secretary shall submit to the Com- 10 mittee on Environment and Public Works of the Sen- 11 ate and the Committee on Transportation and Infra- 12 structure of the House of Representatives a report 13 that— 14 (A) summarizes the findings of each direct 15 recipient provided under paragraph (1); 16 (B) describes the efforts undertaken by both 17 direct recipients and the Secretary to ensure 18 compliance with the requirements of title 23 and 19 chapter 53 of title 49, United States Code; 20 (C) analyzes the capacity of direct recipi- 21 ents to receive direct allocations of funds under 22 chapter 1 of title 23, United States Code; and 23 (D) provides recommendations from the 24 Secretary to— 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00459 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 460 •HR 3684 RH (i) improve the administration, over- 1 sight, and performance of the program es- 2 tablished under this section; 3 (ii) improve the effectiveness of direct 4 recipients to complete projects and obligate 5 funds in a timely manner; and 6 (iii) evaluate options to expand the au- 7 thority provided under this section, includ- 8 ing to allow for the direct allocation to met- 9 ropolitan planning organizations of funds 10 made available to carry out clause (i) or 11 (ii) of section 133(d)(1)(A) of title 23, 12 United States Code. 13 (3) UPDATE.—Not less frequently than every 2 14 years, the Secretary shall update the report described 15 in paragraph (2). 16 (h) DEFINITIONS.— 17 (1) DIRECT RECIPIENT.—In this section, the 18 term ‘‘direct recipient’’ means a metropolitan plan- 19 ning organization designated by the Secretary as 20 high-performing under subsection (b) and that was 21 directly allocated funds as described in subsection (d). 22 (2) METROPOLITAN PLANNING AREA.—The term 23 ‘‘metropolitan planning area’’ has the meaning given 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00460 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 461 •HR 3684 RH such term in section 134 of title 23, United States 1 Code. 2 (3) METROPOLITAN PLANNING ORGANIZATION.— 3 The term ‘‘metropolitan planning organization’’ has 4 the meaning given such term in section 134 of title 5 23, United States Code. 6 (4) NATIONAL HIGHWAY SYSTEM.—The term 7 ‘‘National Highway System’’ has the meaning given 8 such term in section 101 of title 23, United States 9 Code. 10 (5) STATE.—The term ‘‘State’’ has the meaning 11 given such term in section 101 of title 23, United 12 States Code. 13 (6) URBANIZED AREA.—The term ‘‘urbanized 14 area’’ has the meaning given such term in section 134 15 of title 23, United States Code. 16 SEC. 1306. GRIDLOCK REDUCTION GRANT PROGRAM. 17 (a) ESTABLISHMENT.—The Secretary of Transpor- 18 tation shall establish a gridlock reduction program to make 19 grants, on a competitive basis, for projects to reduce, and 20 mitigate the adverse impacts of, traffic congestion. 21 (b) APPLICATIONS.—To be eligible for a grant under 22 this section, an applicant shall submit to the Secretary an 23 application in such form, at such time, and containing such 24 information as the Secretary determines appropriate. 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00461 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 462 •HR 3684 RH (c) ELIGIBILITY.— 1 (1) ELIGIBLE APPLICANTS.—The Secretary may 2 make grants under this section to an applicant that 3 serves an eligible area and that is— 4 (A) a metropolitan planning organization; 5 (B) a unit of local government or a group 6 of local governments; 7 (C) a multijurisdictional group of entities 8 described in subparagraphs (A) and (B); 9 (D) a special purpose district or public au- 10 thority with a transportation function, including 11 a port authority; or 12 (E) a State that is in partnership with an 13 entity or group of entities described in subpara- 14 graph (A), (B), or (C). 15 (2) ELIGIBLE AREA.—An eligible area for an eli- 16 gible entity under paragraph (1) shall be— 17 (A) a combined statistical area, as defined 18 by the Office of Management and Budget, with 19 a population of not less than 1,300,000; or 20 (B) a metropolitan statistical area that is 21 not part of a combined statistical area, as de- 22 fined by the Office of Management and Budget, 23 that has a population of not less than 750,000. 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00462 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 463 •HR 3684 RH (d) ELIGIBLE PROJECTS.—The Secretary may award 1 grants under this section to applicants that submit a com- 2 prehensive program of surface transportation-related 3 projects to reduce traffic congestion and related adverse im- 4 pacts, including a project for one or more of the following: 5 (1) Transportation systems management and op- 6 erations, including strategies to improve the oper- 7 ations of high-occupancy vehicle lanes. 8 (2) Intelligent transportation systems to improve 9 connectivity and innovation. 10 (3) Real-time traveler information. 11 (4) Traffic incident management. 12 (5) Active traffic management. 13 (6) Traffic signal timing. 14 (7) Multimodal travel payment systems. 15 (8) Transportation demand management, includ- 16 ing employer-based commuting programs such as car- 17 pool, vanpool, transit benefit, parking cashout, shut- 18 tle, or telework programs. 19 (9) A project to provide transportation options 20 to reduce traffic congestion, including— 21 (A) a project under chapter 53 of title 49, 22 United States Code, including value capture and 23 transit-oriented development projects; 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00463 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 464 •HR 3684 RH (B) a bicycle or pedestrian project, includ- 1 ing a project to provide safe and connected active 2 transportation networks; and 3 (C) a surface transportation project carried 4 out in accordance with the national travel and 5 tourism infrastructure strategic plan under sec- 6 tion 1431(e) of the FAST Act (49 U.S.C. 301 7 note). 8 (10) Any other project, as determined appro- 9 priate by the Secretary utilizing eligible projects. 10 (e) AWARD PRIORITIZATION.— 11 (1) IN GENERAL.—In selecting grants under this 12 section, the Secretary shall prioritize applicants serv- 13 ing urbanized areas, as described in subsection (c), 14 that are experiencing a high degree of recurrent trans- 15 portation congestion, as determined by the Secretary. 16 (2) ADDITIONAL CONSIDERATIONS.—In selecting 17 grants under this section, the Secretary shall also con- 18 sider the extent to which the project would— 19 (A) reduce traffic congestion and improve 20 the reliability of the surface transportation sys- 21 tem; 22 (B) mitigate the adverse impacts of traffic 23 congestion on the surface transportation system, 24 including safety and environmental impacts; 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00464 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 465 •HR 3684 RH (C) maximize the use of existing capacity; 1 and 2 (D) employ innovative, integrated, and 3 multimodal solutions to the items described in 4 subparagraphs (A), (B), and (C). 5 (f) FEDERAL SHARE.— 6 (1) IN GENERAL.—The Federal share of the cost 7 of a project carried out under this section may not ex- 8 ceed 60 percent. 9 (2) MAXIMUM FEDERAL SHARE.—Federal assist- 10 ance other than a grant for a project under this sec- 11 tion may be used to satisfy the non-Federal share of 12 the cost of such project, except that the total Federal 13 assistance provided for a project receiving a grant 14 under this section may not exceed 80 percent of the 15 total project cost. 16 (g) USE OF FUNDS.—Funds made available for a 17 project under this section may be used for— 18 (1) development phase activities, including plan- 19 ning, feasibility analysis, revenue forecasting, envi- 20 ronmental review, preliminary engineering and de- 21 sign work, and other preconstruction activities; and 22 (2) construction, reconstruction, rehabilitation, 23 acquisition of real property (including land related to 24 the project and improvements to the land), environ- 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00465 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 466 •HR 3684 RH mental mitigation, construction contingencies, acqui- 1 sition of equipment, and operational improvements. 2 (h) FUNDING.— 3 (1) GRANT AMOUNT.—A grant under this section 4 shall be in an amount not less than $10,000,000 and 5 not more than $50,000,000. 6 (2) AVAILABILITY.—Funds made available under 7 this program shall be available until expended. 8 (i) FREIGHT PROJECT SET-ASIDE.— 9 (1) IN GENERAL.—The Secretary shall set aside 10 not less than 50 percent of the funds made available 11 to carry out this section for grants for freight projects 12 under this subsection. 13 (2) ELIGIBLE USES.—The Secretary shall pro- 14 vide funds set aside under this subsection to appli- 15 cants that submit a comprehensive program of surface 16 transportation-related projects to reduce freight-re- 17 lated traffic congestion and related adverse impacts, 18 including— 19 (A) freight intelligent transportation sys- 20 tems; 21 (B) real-time freight parking information; 22 (C) real-time freight routing information; 23 (D) freight transportation and delivery 24 safety projects; 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00466 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 467 •HR 3684 RH (E) first-mile and last-mile delivery solu- 1 tions; 2 (F) shifting freight delivery to off-peak trav- 3 el times; 4 (G) reducing greenhouse gas emissions and 5 air pollution from freight transportation and de- 6 livery, including through the use of innovative 7 vehicles that produce fewer greenhouse gas emis- 8 sions; 9 (H) use of centralized delivery locations; 10 (I) designated freight vehicle parking and 11 staging areas; 12 (J) curb space management; and 13 (K) other projects, as determined appro- 14 priate by the Secretary. 15 (3) AWARD PRIORITIZATION.— 16 (A) IN GENERAL.—In providing funds set 17 aside under this section, the Secretary shall 18 prioritize applicants serving urbanized areas, as 19 described in subsection (c), that are experiencing 20 a high degree of recurrent congestion due to 21 freight transportation, as determined by the Sec- 22 retary. 23 (B) ADDITIONAL CONSIDERATIONS.—In 24 providing funds set aside under this subsection, 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00467 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 468 •HR 3684 RH the Secretary shall consider the extent to which 1 the proposed project— 2 (i) reduces freight-related traffic con- 3 gestion and improves the reliability of the 4 freight transportation system; 5 (ii) mitigates the adverse impacts of 6 freight-related traffic congestion on the sur- 7 face transportation system, including safety 8 and environmental impacts; 9 (iii) maximizes the use of existing ca- 10 pacity; 11 (iv) employs innovative, integrated, 12 and multimodal solutions to the items de- 13 scribed in clauses (i) through (iii); 14 (v) leverages Federal funds with non- 15 Federal contributions; and 16 (vi) integrates regional multimodal 17 transportation management and oper- 18 ational projects that address both passenger 19 and freight congestion. 20 (4) FLEXIBILITY.—If the Secretary determines 21 that there are insufficient qualified applicants to use 22 the funds set aside under this subsection, the Sec- 23 retary may use such funds for grants for any projects 24 eligible under this section. 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00468 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 469 •HR 3684 RH (j) REPORT.— 1 (1) RECIPIENT REPORT.—The Secretary shall 2 ensure that not later than 2 years after the Secretary 3 awards grants under this section, the recipient of each 4 such grant submits to the Secretary a report that con- 5 tains— 6 (A) information on each activity or project 7 that received funding under this section; 8 (B) a summary of any non-Federal re- 9 sources leveraged by a grant under this section; 10 (C) any statistics, measurements, or quan- 11 titative assessments that demonstrate the conges- 12 tion reduction, reliability, safety, and environ- 13 mental benefits achieved through activities or 14 projects that received funding under this section; 15 and 16 (D) any additional information required by 17 the Secretary. 18 (2) REPORT TO CONGRESS.—Not later than 9 19 months after the date specified in paragraph (1), the 20 Secretary shall submit to the Committee on Transpor- 21 tation and Infrastructure of the House of Representa- 22 tives and the Committee on Environment and Public 23 Works, the Committee on Commerce, Science, and 24 Transportation, and the Committee on Banking, 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00469 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 470 •HR 3684 RH Housing, and Urban Affairs of the Senate, and make 1 publicly available on a website, a report detailing— 2 (A) a summary of any information pro- 3 vided under paragraph (1); and 4 (B) recommendations and best practices 5 to— 6 (i) reduce traffic congestion, including 7 freight-related traffic congestion, and im- 8 prove the reliability of the surface transpor- 9 tation system; 10 (ii) mitigate the adverse impacts of 11 traffic congestion, including freight-related 12 traffic congestion, on the surface transpor- 13 tation system, including safety and environ- 14 mental impacts; and 15 (iii) employ innovative, integrated, 16 and multimodal solutions to the items de- 17 scribed in clauses (i) and (ii). 18 (k) NOTIFICATION.—Not later than 3 business days be- 19 fore awarding a grant under this section, the Secretary 20 shall notify the Committee on Transportation and Infra- 21 structure of the House of Representatives and the Committee 22 on Environment and Public Works, the Committee on Com- 23 merce, Science, and Transportation, and the Committee on 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00470 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 471 •HR 3684 RH Banking, Housing, and Urban Affairs of the Senate of the 1 intention to award such a grant. 2 (l) TREATMENT OF PROJECTS.— 3 (1) FEDERAL REQUIREMENTS.—The Secretary 4 shall, with respect to a project funded by a grant 5 under this section, apply— 6 (A) the requirements of title 23, United 7 States Code, to a highway project; 8 (B) the requirements of chapter 53 of title 9 49, United States Code, to a public transpor- 10 tation project; and 11 (C) the requirements of section 22905 of 12 title 49, United States Code, to a passenger rail 13 or freight rail project. 14 (2) MULTIMODAL PROJECTS.— 15 (A) IN GENERAL.—Except as otherwise pro- 16 vided in this paragraph, if an eligible project is 17 a multimodal project, the Secretary shall— 18 (i) determine the predominant modal 19 component of the project; and 20 (ii) apply the applicable requirements 21 of such predominant modal component to 22 the project. 23 (B) EXCEPTIONS.— 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00471 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 472 •HR 3684 RH (i) PASSENGER OR FREIGHT RAIL COM- 1 PONENT.—For any passenger or freight rail 2 component of a project, the requirements of 3 section 22907(j)(2) of title 49, United States 4 Code, shall apply. 5 (ii) PUBLIC TRANSPORTATION COMPO- 6 NENT.—For any public transportation com- 7 ponent of a project, the requirements of sec- 8 tion 5333 of title 49, United States Code, 9 shall apply. 10 (C) BUY AMERICA.—In applying the Buy 11 America requirements under section 313 of title 12 23, United States Code, and sections 5320, 13 22905(a), and 24305(f) of title 49, United States 14 Code, to a multimodal project under this para- 15 graph, the Secretary shall— 16 (i) consider the various modal compo- 17 nents of the project; and 18 (ii) seek to maximize domestic jobs. 19 (m) TREATMENT OF FUNDS.—Except as provided in 20 subsection (l), funds authorized for the purposes described 21 in this section shall be available for obligation in the same 22 manner as if the funds were apportioned under chapter 1 23 of title 23, United States Code. 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00472 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 473 •HR 3684 RH SEC. 1307. REBUILD RURAL BRIDGES PROGRAM. 1 (a) ESTABLISHMENT.—The Secretary of Transpor- 2 tation shall establish a rebuild rural bridges program to 3 improve the safety and state of good repair of bridges in 4 rural communities. 5 (b) GRANT AUTHORITY.—In carrying out the program 6 established in subsection (a), the Secretary shall make 7 grants, on a competitive basis, to eligible applicants in ac- 8 cordance with this section. 9 (c) APPLICATIONS.—To be eligible for a grant under 10 this section, an eligible entity shall submit to the Secretary 11 an application in such form, at such time, and containing 12 such information as the Secretary determines appropriate. 13 (d) ELIGIBLE PROJECTS.—The Secretary— 14 (1) shall provide grants under this section to 15 projects eligible under title 23, United States Code, 16 including projects on and off of the Federal-aid high- 17 way system, to inspect, replace, rehabilitate, or pre- 18 serve— 19 (A) an off-system bridge; 20 (B) a bridge on Tribal land; or 21 (C) a bridge in poor condition located in a 22 rural community; and 23 (2) may provide a grant for a bundle of bridges 24 described in paragraph (1). 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00473 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 474 •HR 3684 RH (e) ELIGIBLE PROJECT COSTS.—A recipient of a grant 1 under this section may use such grant for— 2 (1) development phase activities, including plan- 3 ning, feasibility analysis, revenue forecasting, envi- 4 ronmental review, preliminary engineering and de- 5 sign work, and other preconstruction activities; 6 (2) construction, reconstruction, rehabilitation, 7 acquisition of real property (including land related to 8 the project and improvements to the land), environ- 9 mental mitigation, and construction contingencies; 10 and 11 (3) bridge inspection, evaluation, and preserva- 12 tion. 13 (f) FEDERAL SHARE.— 14 (1) IN GENERAL.—The Federal share of the cost 15 of a project carried out using a grant under this sec- 16 tion may not exceed 80 percent of the total cost of 17 such project. 18 (2) MAXIMUM FEDERAL ASSISTANCE.—Federal 19 assistance other than a grant under this section may 20 be used to satisfy up to 100 percent of the total cost 21 of such project. 22 (g) CONSIDERATIONS.—In making grants under this 23 section, the Secretary shall consider— 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00474 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 475 •HR 3684 RH (1) whether the project can be completed without 1 additional Federal funding or financial assistance 2 available to the project sponsor, beyond existing Fed- 3 eral apportionments; and 4 (2) the level of benefits the project is expected to 5 generate, including— 6 (A) the costs avoided by the prevention of 7 closure or reduced use of the asset to be improved 8 by the project; 9 (B) reductions in maintenance costs over 10 the life of the asset; 11 (C) safety benefits, including the reduction 12 of accidents and related costs; and 13 (D) benefits to the economy of the rural or 14 Tribal community. 15 (h) INVESTMENTS IN COLONIAS.— 16 (1) IN GENERAL.—Of the grants made available 17 under this section, for fiscal years 2023 through 2026, 18 a total of not less than $10,000,000 shall be made 19 available to provide grants that improve the safety, 20 state of good repair, or connectivity through bridge 21 investments in and providing access to, colonias. 22 (2) COLONIA DEFINED.—In this section, the term 23 ‘‘colonia’’ means any identifiable community that— 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00475 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 476 •HR 3684 RH (A) is in the State of Arizona, California, 1 New Mexico, or Texas; 2 (B) is in the area of the United States with- 3 in 150 miles of the border between the United 4 States and Mexico, except that the term does not 5 include any standard metropolitan statistical 6 area that has a population exceeding 1,000,000; 7 (C) is determined to be a colonia on the 8 basis of objective criteria, including lack of pota- 9 ble water supply, lack of adequate sewage sys- 10 tems, and lack of decent, safe, and sanitary hous- 11 ing; and 12 (D) was in existence as a colonia before No- 13 vember 28, 1990. 14 (i) NOTIFICATION.—Not later than 3 business days be- 15 fore awarding a grant under this section, the Secretary 16 shall notify the Committee on Transportation and Infra- 17 structure of the House of Representatives and the Committee 18 on Environment and Public Works of the Senate of the in- 19 tention to award such a grant. 20 (j) DEFINITIONS.—In this section: 21 (1) ELIGIBLE APPLICANT.—The term ‘‘eligible 22 applicant’’ means— 23 (A) a State; 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00476 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 477 •HR 3684 RH (B) a metropolitan planning organization 1 or a regional transportation planning organiza- 2 tion; 3 (C) a unit of local government; 4 (D) a Federal land management agency; 5 (E) an Indian Tribe or Tribal organiza- 6 tion; 7 (F) a territory; and 8 (G) a multijurisdictional group of entities 9 described in subparagraph (A) through (F). 10 (2) OFF SYSTEM BRIDGE.—The term ‘‘off-system 11 bridge’’ has the meaning given such term in section 12 133(f) of title 23, United States Code, (as added by 13 this Act). 14 (3) RURAL COMMUNITY.—The term ‘‘rural com- 15 munity’’ means an area that is not an urbanized 16 area, as such term is defined in section 101(a) of title 17 23, United States Code. 18 SEC. 1308. PARKING FOR COMMERCIAL MOTOR VEHICLES. 19 (a) ESTABLISHMENT.—The Secretary of Transpor- 20 tation shall establish a program under which the Secretary 21 shall make grants, on a competitive basis, to eligible entities 22 to address the shortage of parking for commercial motor ve- 23 hicles to improve the safety of commercial motor vehicle op- 24 erators. 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00477 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 478 •HR 3684 RH (b) APPLICATIONS.—To be eligible for a grant under 1 this section, an eligible entity shall submit to the Secretary 2 an application in such form, at such time, and containing 3 such information as the Secretary may require. 4 (c) ELIGIBLE PROJECTS.—Projects eligible under this 5 section are projects that— 6 (1) construct safety rest areas that include park- 7 ing for commercial motor vehicles; 8 (2) construct commercial motor vehicle parking 9 facilities— 10 (A) adjacent to private commercial truck- 11 stops and travel plazas; 12 (B) within the boundaries of, or adjacent to, 13 a publicly owned freight facility, including a 14 port terminal operated by a public authority; 15 and 16 (C) at existing facilities, including inspec- 17 tion and weigh stations and park-and-ride loca- 18 tions; 19 (3) open existing weigh stations, safety rest 20 areas, and park-and-ride facilities to commercial 21 motor vehicle parking; 22 (4) facilitate access to publicly and privately 23 provided commercial motor vehicle parking, such as 24 through the use of intelligent transportation systems; 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00478 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 479 •HR 3684 RH (5) construct turnouts along a Federal-aid high- 1 way for commercial motor vehicles; 2 (6) make capital improvements to public com- 3 mercial motor vehicle parking facilities that are 4 closed on a seasonal basis to allow the facilities to re- 5 main open year-round; 6 (7) open existing commercial motor vehicle 7 chain-up areas that are closed on a seasonal basis to 8 allow the facilities to remain open year-round for 9 commercial motor vehicle parking; 10 (8) address commercial motor vehicle parking 11 and layover needs in emergencies that strain the ca- 12 pacity of existing publicly and privately provided 13 commercial motor vehicle parking; and 14 (9) make improvements to existing commercial 15 motor vehicle parking facilities, including advanced 16 truckstop electrification systems. 17 (d) USE OF FUNDS.— 18 (1) IN GENERAL.—An eligible entity may use a 19 grant under this section for— 20 (A) development phase activities, including 21 planning, feasibility analysis, benefit-cost anal- 22 ysis, environmental review, preliminary engi- 23 neering and design work, and other 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00479 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 480 •HR 3684 RH preconstruction activities necessary to advance a 1 project described in subsection (c); and 2 (B) construction and operational improve- 3 ments, as such terms are defined in section 101 4 of title 23, United States Code. 5 (2) PRIVATE SECTOR PARTICIPATION.—An eligi- 6 ble entity that receives a grant under this section may 7 partner with a private entity to carry out an eligible 8 project under this section. 9 (3) LIMITATION.—Not more than 10 percent of 10 the amounts made available to carry out this section 11 may be used to promote the availability of existing 12 commercial motor vehicle parking. 13 (e) SELECTION CRITERIA.—In making grants under 14 this section, the Secretary shall consider— 15 (1) in the case of construction of new commercial 16 motor vehicle parking capacity, the shortage of public 17 and private commercial motor vehicle parking near 18 the project; and 19 (2) the extent to which each project— 20 (A) would increase commercial motor vehi- 21 cle parking capacity or utilization; 22 (B) would facilitate the efficient movement 23 of freight; 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00480 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 481 •HR 3684 RH (C) would improve safety, traffic congestion, 1 and air quality; 2 (D) is cost effective; and 3 (E) reflects consultation with motor car- 4 riers, commercial motor vehicle operators, and 5 private providers of commercial motor vehicle 6 parking. 7 (f) NOTIFICATION OF CONGRESS.—Not later than 3 8 business days before announcing a project selected to receive 9 a grant under this section, the Secretary of Transportation 10 shall notify the Committee on Transportation and Infra- 11 structure of the House of Representatives and the Committee 12 on Environment and Public Works of the Senate of the in- 13 tention to award such a grant. 14 (g) FEDERAL SHARE.—The Federal share of the cost 15 of a project under this section shall be determined in accord- 16 ance with subsections (b) and (c) of section 120 of title 23, 17 United States Code. 18 (h) PROHIBITION ON CHARGING FEES.—To be eligible 19 for a grant under this section, an eligible entity shall certify 20 that no fees will be charged for the use of a project assisted 21 with such grant. 22 (i) AMENDMENT TO MAP–21.—Section 1401(c)(1) of 23 MAP–21 (23 U.S.C. 137 note) is amended— 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00481 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 482 •HR 3684 RH (1) by inserting ‘‘and private providers of com- 1 mercial motor vehicle parking’’ after ‘‘personnel’’; and 2 (2) in subparagraph (A) by striking ‘‘the capa- 3 bility of the State to provide’’ and inserting ‘‘the 4 availability of’’. 5 (j) SURVEY; COMPARATIVE ASSESSMENT; REPORT.— 6 (1) UPDATE.—Not later than 2 years after the 7 date of enactment of this Act, the Secretary shall up- 8 date the survey of each State required under section 9 1401(c)(1) of the MAP–21 (23 U.S.C. 137 note). 10 (2) REPORT.—Not later than 1 year after the 11 deadline under paragraph (1), the Secretary shall 12 publish on the website of the Department of Transpor- 13 tation a report that— 14 (A) evaluates the availability of adequate 15 parking and rest facilities for commercial motor 16 vehicles engaged in interstate transportation; 17 (B) evaluates the effectiveness of the projects 18 funded under this section in improving access to 19 commercial motor vehicle parking; and 20 (C) reports on the progress being made to 21 provide adequate commercial motor vehicle park- 22 ing facilities in the State. 23 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00482 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 483 •HR 3684 RH (3) CONSULTATION.—The Secretary shall pre- 1 pare the report required under paragraph (2) in con- 2 sultation with— 3 (A) relevant State motor carrier safety per- 4 sonnel; 5 (B) motor carriers and commercial motor 6 vehicle operators; and 7 (C) private providers of commercial motor 8 vehicle parking. 9 (k) DEFINITIONS.—In this section: 10 (1) COMMERCIAL MOTOR VEHICLE.—The term 11 ‘‘commercial motor vehicle’’ has the meaning given 12 such term in section 31132 of title 49, United States 13 Code. 14 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti- 15 ty’’ means— 16 (A) a State; 17 (B) a metropolitan planning organization; 18 (C) a unit of local government; 19 (D) a political subdivision of a State or 20 local government carrying out responsibilities re- 21 lating to commercial motor vehicle parking; and 22 (E) a multistate or multijurisdictional 23 group of entities described in subparagraphs (A) 24 through (D). 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00483 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 484 •HR 3684 RH (3) SAFETY REST AREA.—The term ‘‘safety rest 1 area’’ has the meaning given such term in section 2 120(c) of title 23, United States Code. 3 SEC. 1309. ACTIVE CONNECTED TRANSPORTATION GRANT 4 PROGRAM. 5 (a) ESTABLISHMENT.—The Secretary of Transpor- 6 tation shall establish an active connected transportation 7 grant program to provide for safe and connected active 8 transportation networks and active transportation connec- 9 tors. 10 (b) GRANT AUTHORITY.—In carrying out the program 11 established in subsection (a), the Secretary shall make 12 grants, on a competitive basis, in accordance with this sec- 13 tion. 14 (c) ELIGIBLE APPLICANTS.—The Secretary may make 15 a grant under this section to— 16 (1) a State; 17 (2) a metropolitan planning organization; 18 (3) a regional transportation authority; 19 (4) a unit of local government, including a coun- 20 ty or multi-county special district; 21 (5) a Federal land management agency; 22 (6) a natural resource or public land agency; 23 (7) an Indian Tribe or Tribal organization; 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00484 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 485 •HR 3684 RH (8) any local or regional governmental entity 1 with responsibility for or oversight of transportation 2 or recreational trails; and 3 (9) a multistate or multijurisdictional group of 4 entities described in this subsection. 5 (d) APPLICATIONS.—To be eligible for a grant under 6 this section, an entity specified under subsection (c) shall 7 submit to the Secretary an application in such form, at 8 such time, and containing such information as the Sec- 9 retary determines appropriate. 10 (e) ELIGIBLE PROJECTS.—The Secretary shall provide 11 grants under this section to projects that improve the 12 connectivity and the use of active transportation facili- 13 ties— 14 (1) including— 15 (A) active transportation networks; 16 (B) active transportation connectors; and 17 (C) planning related to the development 18 of— 19 (i) active transportation networks; 20 (ii) active transportation connectors; 21 and 22 (iii) vision zero plans or complete 23 streets prioritization plans under section 24 1601; and 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00485 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 486 •HR 3684 RH (2) that have— 1 (A) total project costs of not less than 2 $15,000,000; or 3 (B) in the case of planning grants under 4 subsection (f)(2), a total cost of not less than 5 $100,000. 6 (f) USE OF FUNDS.— 7 (1) IN GENERAL.—Of the amounts made avail- 8 able to carry out this section for fiscal years 2023 9 through 2026 and except as provided in paragraph 10 (2), the Secretary shall obligate— 11 (A) not less than 30 percent to eligible 12 projects that construct active transportation net- 13 works; and 14 (B) not less than 30 percent to eligible 15 projects that construct active transportation con- 16 nectors. 17 (2) PLANNING GRANTS.—Of the amounts made 18 available to carry out this section for fiscal years 19 2023 through 2026, the Secretary may use not more 20 than 10 percent to provide planning grants to eligible 21 applicants for activities under subsection (e)(1)(C). 22 (g) CONSIDERATIONS.—In making grants under this 23 section, the Secretary shall consider the extent to which— 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00486 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 487 •HR 3684 RH (1) a project is likely to provide substantial ad- 1 ditional opportunities for active transportation, in- 2 cluding walking and bicycling, including through the 3 creation of— 4 (A) active transportation networks con- 5 necting destinations within or between commu- 6 nities, including between schools, workplaces, 7 residences, businesses, recreation areas, and other 8 community areas; and 9 (B) active transportation connectors con- 10 necting 2 or more communities, metropolitan 11 areas, or States, including greenway paths; 12 (2) an applicant has adequately considered or 13 will consider, including through the opportunity for 14 public comment, the environmental justice and equity 15 impacts of the project; 16 (3) the project would improve safety for vulner- 17 able road users, including through the use of complete 18 street design policies or a safe system approach; and 19 (4) a project integrates active transportation fa- 20 cilities with public transportation services, where 21 available, to improve access to public transportation. 22 (h) LIMITATION.— 23 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00487 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 488 •HR 3684 RH (1) IN GENERAL.—The share of the cost of a 1 project assisted with a grant under this section may 2 not exceed 80 percent. 3 (2) MAXIMUM FEDERAL ASSISTANCE.—Federal 4 assistance other than a grant under this section may 5 be used to satisfy up to 100 percent of the total 6 project cost. 7 (i) ELIGIBLE PROJECT COSTS.—Amounts made avail- 8 able for a project under this section may be used for— 9 (1) development phase activities, including plan- 10 ning, feasibility analysis, revenue forecasting, envi- 11 ronmental review, preliminary engineering and de- 12 sign work, and other preconstruction activities; and 13 (2) construction, reconstruction, rehabilitation, 14 acquisition of real property (including land related to 15 the project and improvements to the land), environ- 16 mental mitigation, construction contingencies, acqui- 17 sition of equipment, and operational improvements. 18 (j) NOTIFICATION.—Not later than 3 business days be- 19 fore awarding a grant under this section, the Secretary of 20 Transportation shall notify the Committee on Transpor- 21 tation and Infrastructure of the House of Representatives 22 and the Committee on Environment and Public Works of 23 the Senate of the intention to award such a grant. 24 (k) DEFINITIONS.—In this section: 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00488 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 489 •HR 3684 RH (1) ACTIVE TRANSPORTATION NETWORK.—The 1 term ‘‘active transportation network’’ means facilities 2 built for alternative methods of transportation to 3 motor vehicles for individuals, including sidewalks, 4 bikeways, and pedestrian and bicycle trails, that con- 5 nect destinations within an area covered by a unit of 6 local government, a county, a community, including 7 a community on Federal lands, or a metropolitan 8 area. 9 (2) ACTIVE TRANSPORTATION CONNECTOR.—The 10 term ‘‘active transportation connector’’ means facili- 11 ties built for alternative methods of transportation to 12 motor vehicles for individuals, including sidewalks, 13 bikeways, and pedestrian and bicycle trails, that con- 14 nect 2 or more active transportation networks or con- 15 nect communities, areas covered by a unit of local 16 government, counties, metropolitan areas, Federal 17 lands, or States. 18 (3) GREENWAY PATH.—The term ‘‘greenway 19 path’’ means an active transportation connector 20 that— 21 (A) crosses jurisdictional boundaries, in- 22 cluding State lines, and provides for connectivity 23 between multiple communities, counties, metro- 24 politan areas, or States; or 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00489 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 490 •HR 3684 RH (B) is a component of a regionally or na- 1 tionally significant network. 2 (4) SAFE SYSTEM APPROACH.—The term ‘‘safe 3 system approach’’ has the meaning given such term 4 in section 148(a) of title 23, United States Code. 5 (5) VULNERABLE ROAD USER.—The term ‘‘vul- 6 nerable road user’’ has the meaning given such term 7 in section 148(a) of title 23, United States Code. 8 SEC. 1310. WILDLIFE CROSSINGS PROGRAM. 9 (a) ESTABLISHMENT.—The Secretary shall establish a 10 competitive wildlife crossings grant program (referred to in 11 this section as the ‘‘program’’) to provide grants for projects 12 that seek to achieve— 13 (1) a reduction in the number of wildlife-vehicle 14 collisions; and 15 (2) improved habitat connectivity for terrestrial 16 and aquatic species. 17 (b) ELIGIBLE ENTITIES.—The Secretary may make 18 grants under the program to the following entities: 19 (1) A State. 20 (2) An Indian Tribe or Tribal organization. 21 (3) A territory. 22 (4) A Federal land management agency de- 23 scribed in section 203(b) of title 23, United States 24 Code. 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00490 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 491 •HR 3684 RH (5) A group of entities described in paragraphs 1 (1) through (4). 2 (c) APPLICATIONS.—To be eligible to receive a grant 3 under the program, an eligible entity shall submit to the 4 Secretary an application at such time, in such manner, and 5 containing such information as the Secretary may require. 6 (d) CONSIDERATIONS.—In selecting grant recipients 7 under the program, the Secretary shall consider the fol- 8 lowing: 9 (1) PRIMARY CRITERIA.—The extent to which the 10 proposed project is likely to protect motorists and 11 wildlife by reducing the number of wildlife-vehicle col- 12 lisions and improve habitat connectivity for terres- 13 trial and aquatic species. 14 (2) SECONDARY CRITERIA.— 15 (A) The resilience benefits of the project. 16 (B) The extent to which the project incor- 17 porates climate science, including expected 18 changes in migration patterns. 19 (C) The extent to which the project sponsor 20 has coordinated with the relevant State agency 21 with jurisdiction over fish and wildlife, if appro- 22 priate. 23 (D) In the case of a project involving spe- 24 cies listed as threatened species or endangered 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00491 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 492 •HR 3684 RH species under the Endangered Species Act of 1 1973 (16 U.S.C. 1531 et seq.), whether the 2 project sponsor has coordinated with the United 3 States Fish and Wildlife Service. 4 (E) Other ecological benefits of the project, 5 including— 6 (i) reductions in stormwater runoff 7 and other water pollution; and 8 (ii) the benefits of improved habitat 9 connectivity for pollinators and the use of 10 natively appropriate grasses. 11 (F) Whether the project supports local eco- 12 nomic development and improvement of visita- 13 tion opportunities. 14 (G) The extent to which the project incor- 15 porates innovative technologies, including ad- 16 vanced design techniques and other strategies to 17 enhance efficiency and effectiveness in reducing 18 wildlife-vehicle collisions and improving habitat 19 connectivity for terrestrial and aquatic species. 20 (H) The extent to which the project provides 21 educational and outreach opportunities. 22 (I) Whether the project will further research 23 to evaluate, compare effectiveness of, and identify 24 best practices in selected projects. 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00492 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 493 •HR 3684 RH (J) How the benefits compare to the costs of 1 the project. 2 (K) Any other criteria relevant to reducing 3 the number of wildlife-vehicle collisions and im- 4 proving habitat connectivity for terrestrial and 5 aquatic species, as the Secretary determines to be 6 appropriate. 7 (e) ELIGIBLE PROJECT COSTS.—Grant amounts for a 8 project under this section may be used for— 9 (1) development phase activities, including plan- 10 ning, feasibility analysis, revenue forecasting, envi- 11 ronmental review, preliminary engineering and de- 12 sign work, and other preconstruction activities; 13 (2) construction (including construction of pro- 14 tective features), reconstruction, rehabilitation, acqui- 15 sition of real property (including land related to the 16 project and improvements to the land), environmental 17 mitigation, construction contingencies, acquisition of 18 equipment, and operational improvements; and 19 (3) planning and technical assistance activities 20 consistent with section 5107 of title 49, United States 21 Code, including— 22 (A) data collection on wildlife-vehicle colli- 23 sions; 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00493 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 494 •HR 3684 RH (B) integration of State, Tribal, territorial, 1 regional, or Federal wildlife conservation plans 2 and data collection with transportation planning 3 and project selection; 4 (C) technical assistance, including work- 5 force development training, on reducing wildlife- 6 vehicle collisions and improving habitat 7 connectivity for terrestrial and aquatic species; 8 and 9 (D) education and public outreach to reduce 10 wildlife-vehicle collisions. 11 (f) PARTNERSHIPS.— 12 (1) IN GENERAL.—A grant received under the 13 program may be used to provide funds to an eligible 14 partner as a subrecipient, in accordance with the 15 terms of the project agreement and subject to the re- 16 quirements of this section. 17 (2) ELIGIBLE PARTNER DEFINED.—In this sec- 18 tion, the term ‘‘eligible partner’’ means— 19 (A) an eligible entity described in subsection 20 (b); 21 (B) a metropolitan planning organization; 22 (C) a unit of local government; 23 (D) a regional transportation authority; 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00494 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 495 •HR 3684 RH (E) a special purpose district or public au- 1 thority with a transportation function, including 2 a port authority; 3 (F) a non-profit entity or institution of 4 higher education; or 5 (G) a Federal, Tribal, regional, State, or 6 local governmental entity not described in sub- 7 section (b). 8 (g) REQUIREMENTS.— 9 (1) RURAL PROJECTS.—The Secretary shall re- 10 serve not less than 50 percent of the amounts made 11 available under this section for projects located in a 12 rural community. 13 (2) RESILIENCE.—A project under this section 14 shall be designed to ensure resilience over the antici- 15 pated service life of the asset. 16 (3) LIMITATION.—The Secretary may not award 17 more than 10 percent of the amounts made available 18 under this section for grants that propose only activi- 19 ties described in subsection (e)(3). 20 (h) NOTIFICATION.—Not later than 3 business days be- 21 fore awarding a grant under this section, the Secretary 22 shall notify the Committee on Transportation and Infra- 23 structure of the House of Representatives and the Committee 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00495 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 496 •HR 3684 RH on Environment and Public Works of the Senate of the in- 1 tention to award such a grant. 2 (i) ANNUAL REPORT.— 3 (1) IN GENERAL.—Not later than December 31 of 4 each calendar year, the Secretary shall publish, on the 5 website of the Department of Transportation, a report 6 describing the activities under the program for the fis- 7 cal year that ends during that calendar year. 8 (2) CONTENTS.—The report under paragraph (1) 9 shall include— 10 (A) a detailed description of the activities 11 carried out under the program; 12 (B) an evaluation of the effectiveness of the 13 program in meeting the purposes described in 14 subsection (b); and 15 (C) policy recommendations, if any, to im- 16 prove the effectiveness of the program. 17 (j) DEFINITIONS.—In this section: 18 (1) PROTECTIVE FEATURES.—The term ‘‘protec- 19 tive features’’ has the meaning given such term in sec- 20 tion 101 of title 23, United States Code. 21 (2) RESILIENCE.—The term ‘‘resilience’’ has the 22 meaning given that term in section 101 of title 23, 23 United States Code. 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00496 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 497 •HR 3684 RH (3) RURAL COMMUNITY.—The term ‘‘rural com- 1 munity’’ means any area of a State or territory that 2 is not an urbanized area, as such term is defined in 3 section 101 of title 23, United States Code. 4 (4) SECRETARY.—The term ‘‘Secretary’’ has the 5 meaning given such term in section 101 of title 23, 6 United States Code. 7 (5) STATE.—The term ‘‘State’’ has the meaning 8 given such term in section 101 of title 23, United 9 States Code. 10 SEC. 1311. RECONNECTING NEIGHBORHOODS PROGRAM. 11 (a) ESTABLISHMENT.—The Secretary of Transpor- 12 tation shall establish a reconnecting neighborhoods program 13 under which an eligible entity may apply for funding in 14 order to identify, remove, replace, retrofit, or remediate the 15 effects from eligible facilities and restore or improve 16 connectivity, mobility, and access in disadvantaged and un- 17 derserved communities, including— 18 (1) studying the feasibility and impacts of re- 19 moving, retrofitting, or remediating the effects on 20 community connectivity from an existing eligible fa- 21 cility; 22 (2) conducting preliminary engineering and 23 final design activities for a project to remove, retrofit, 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00497 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 498 •HR 3684 RH or remediate the effects on community connectivity 1 from an existing eligible facility; 2 (3) conducting construction activities necessary 3 to carry out a project to remove, retrofit, or remediate 4 the effects on community connectivity from an exist- 5 ing eligible facility; and 6 (4) ensuring any activities carried out under 7 this section— 8 (A) focus on improvements that will benefit 9 the populations impacted by or previously dis- 10 placed by the eligible facility; and 11 (B) emphasize equity by garnering commu- 12 nity engagement, avoiding future displacement, 13 and ensuring local participation in the planning 14 process. 15 (b) ELIGIBLE ENTITIES.— 16 (1) IN GENERAL.—The Secretary may award a 17 planning grant or a capital construction grant to— 18 (A) a State; 19 (B) a unit of local government; 20 (C) an Indian Tribe or Tribal organization; 21 (D) a territory; 22 (F) a metropolitan planning organization; 23 (G) a transit agency; 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00498 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 499 •HR 3684 RH (H) a special purpose district with a trans- 1 portation function; and 2 (I) a group of entities described in this 3 paragraph. 4 (2) PARTNERSHIPS.—An eligible entity may 5 enter into an agreement with the following entities to 6 carry out the eligible activities under this section: 7 (A) A nonprofit organization. 8 (B) An institution of higher education, as 9 such term is defined in section 101 of the Higher 10 Education Act of 1965 (20 U.S.C. 1001), includ- 11 ing historically black colleges and universities, 12 defined as the term ‘‘Predominantly Black insti- 13 tution’’ is defined in section 371(c) of the Higher 14 Education Act of 1965 (20 U.S.C. 1067q(c)). 15 (c) PLANNING GRANTS.— 16 (1) IN GENERAL.—The Secretary may award 17 grants (referred to in this section as a ‘‘planning 18 grants’’) to carry out planning activities described in 19 paragraph (2). 20 (2) ELIGIBLE ACTIVITIES DESCRIBED.—The 21 planning activities referred to in paragraph (1) are— 22 (A) planning studies to evaluate the feasi- 23 bility of removing, retrofitting, or remediating 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00499 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 500 •HR 3684 RH an existing eligible facility to restore community 1 connectivity, including evaluations of— 2 (i) current traffic patterns on the eligi- 3 ble facility proposed for removal, retrofit, or 4 remediation and the surrounding street net- 5 work; 6 (ii) the capacity of existing transpor- 7 tation networks to maintain mobility needs; 8 (iii) an analysis of alternative road- 9 way designs or other uses for the right-of- 10 way of the eligible facility, including an 11 analysis of whether the available right-of- 12 way would suffice to create an alternative 13 roadway design; 14 (iv) the effect of the removal, retrofit, 15 or remediation of the eligible facility on the 16 mobility of freight and people; 17 (v) the effect of the removal, retrofit, or 18 remediation of the eligible facility on the 19 safety of the traveling public; 20 (vi) the cost to remove, retrofit, or re- 21 mediate the eligible facility— 22 (I) to restore community 23 connectivity; and 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00500 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 501 •HR 3684 RH (II) to convert the eligible facility 1 to a roadway design or use that in- 2 creases safety, mobility, and access for 3 all users, compared to any expected 4 costs for necessary maintenance or re- 5 construction of the eligible facility; and 6 (vii) the environmental impacts of re- 7 taining or reconstructing the eligible facil- 8 ity and the anticipated effect of the pro- 9 posed alternative use or roadway design; 10 (B) public engagement activities to provide 11 opportunities for public input into a plan to re- 12 move, replace, retrofit, or remediate the effects 13 from an eligible facility, including— 14 (i) building organizational or commu- 15 nity capacity to, and educating community 16 members on how to, engage in and con- 17 tribute to eligible planning activities de- 18 scribed in subsection (c)(2); 19 (ii) identifying community needs and 20 desires for community improvements and 21 developing community driven solutions in 22 carrying out eligible planning activities de- 23 scribed in subsection (c)(2); 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00501 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 502 •HR 3684 RH (iii) conducting assessments of equity, 1 mobility and access, environmental justice, 2 affordability, economic opportunity, health 3 outcomes, and other local goals to be used in 4 carrying out eligible planning activities de- 5 scribed in subsection (c)(2); and 6 (iv) forming a community advisory 7 board in accordance with subsection (d)(7); 8 (C) other transportation planning activities 9 required in advance of a project to remove, ret- 10 rofit, or remediate an existing eligible facility to 11 restore community connectivity, as determined 12 by the Secretary; 13 (D) evaluating land use and zoning changes 14 necessary to improve equity and maximize tran- 15 sit-oriented development in connection with 16 project eligible for a capital construction grant, 17 including activities eligible under section 5327 of 18 title 49, United States Code; and 19 (E) establishment of anti-displacement and 20 equitable neighborhood revitalization strategies 21 in connection with project eligible for a capital 22 construction grant, including establishment of a 23 community land trust for land acquisition, land 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00502 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 503 •HR 3684 RH banking, and equitable transit-oriented develop- 1 ment. 2 (3) TECHNICAL ASSISTANCE.— 3 (A) IN GENERAL.—The Secretary may pro- 4 vide technical assistance described in subpara- 5 graph (B) to an eligible entity. 6 (B) TECHNICAL ASSISTANCE DESCRIBED.— 7 The technical assistance referred to in subpara- 8 graph (A) is technical assistance in building or- 9 ganizational or community capacity— 10 (i) to conduct transportation planning; 11 and 12 (ii) to identify innovative solutions to 13 challenges posed by existing eligible facili- 14 ties, including reconnecting communities 15 that— 16 (I) are bifurcated by eligible fa- 17 cilities; or 18 (II) lack safe, reliable, and afford- 19 able transportation choices. 20 (4) SELECTION.—The Secretary shall— 21 (A) solicit applications for— 22 (i) planning grants; 23 (ii) technical assistance under para- 24 graph (3); and 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00503 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 504 •HR 3684 RH (iii) the activities would benefit popu- 1 lations impacted by or previously displaced 2 by an eligible facility; and 3 (B) evaluate applications for a planning 4 grant on the basis of the demonstration by the 5 applicant that— 6 (i) the eligible facility— 7 (I) creates barriers to mobility, 8 access, or economic development; or 9 (II) is not justified by current 10 and forecast future travel demand; and 11 (ii) on the basis of preliminary assess- 12 ment into the feasibility of removing, retro- 13 fitting, or remediating the eligible facility 14 to restore community connectivity, and in- 15 crease safety, mobility, and access for all 16 users, further planning activities are nec- 17 essary and likely to be productive. 18 (5) AWARD AMOUNTS.—A planning grant may 19 not exceed $2,000,000 for any recipient. 20 (6) FEDERAL SHARE.—The total Federal share 21 of the cost of a planning activity for which a plan- 22 ning grant is used may not exceed 80 percent. 23 (d) CAPITAL CONSTRUCTION GRANTS.— 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00504 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 505 •HR 3684 RH (1) ELIGIBLE ENTITIES.—The Secretary may 1 award grants (referred to in this section as a ‘‘capital 2 construction grants’’) to eligible entities to carry out 3 eligible projects described in paragraph (3). 4 (2) PARTNERSHIPS.—In the case that the owner 5 of an eligible facility that is the subject of the capital 6 construction grant is not an eligible entity, an eligible 7 entity shall demonstrate the existence of a partnership 8 with the owner of the eligible facility. 9 (3) ELIGIBLE PROJECTS.—A project eligible to be 10 carried out with a capital construction grant includes 11 the following: 12 (A) The removal, retrofit, or remediation of 13 the effects on community connectivity from of an 14 eligible facility. 15 (B) The replacement of an eligible facility 16 with a new facility that— 17 (i) restores community connectivity; 18 (ii) employs context sensitive solutions 19 appropriate for the surrounding commu- 20 nity; and 21 (iii) is otherwise eligible for funding 22 under title 23, United States Code. 23 (C) Support for community partnerships, 24 including a community advisory board described 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00505 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 506 •HR 3684 RH under paragraph (7), in connection with a cap- 1 ital construction grant awarded under this sub- 2 section. 3 (D) Other activities required to remove, re- 4 place, retrofit, or remediate an existing eligible 5 facility, as determined by the Secretary. 6 (4) SELECTION.—The Secretary shall— 7 (A) solicit applications for capital construc- 8 tion grants; 9 (B) evaluate applications on the basis of— 10 (i) the degree to which the project will 11 improve mobility and access through the re- 12 moval of barriers; 13 (ii) the appropriateness of removing, 14 retrofitting, or remediating the effects on 15 community connectivity from the eligible fa- 16 cility, based on current traffic patterns and 17 the ability of the project and the regional 18 transportation network to absorb transpor- 19 tation demand and provide safe mobility 20 and access; 21 (iii) the impact of the project on 22 freight movement; 23 (iv) the results of a cost-benefit anal- 24 ysis of the project; 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00506 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 507 •HR 3684 RH (v) the extent to which the grantee has 1 plans for inclusive economic development in 2 place, including the existing land use and 3 whether the zoning provides for equitable 4 and transit-oriented development of under- 5 utilized land; 6 (vi) the degree to which the eligible fa- 7 cility is out of context with the current or 8 planned land use; 9 (vii) the results of any feasibility study 10 completed for the project; 11 (viii) whether the eligible facility is 12 likely to need replacement or significant re- 13 construction within the 20-year period be- 14 ginning on the date of the submission of the 15 application; 16 (ix) whether the project is consistent 17 with the relevant long-range transportation 18 plan and included in the relevant statewide 19 transportation improvement program; 20 (x) whether the project is consistent 21 with, and how the project would impact, the 22 relevant transportation performance man- 23 agement targets; and 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00507 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 508 •HR 3684 RH (xi) the extent to which the project ben- 1 efits populations impacted by or previously 2 displaced by the eligible facility; 3 (C) ensure that the project has conducted 4 sufficient community engagement, such as the 5 activities described in subsection (c)(2)(B); and 6 (D) ensure that the jurisdiction in which 7 the eligible facility is located has an anti-dis- 8 placement policy or a community land trust in 9 place. 10 (5) MINIMUM AWARD AMOUNTS.—A capital con- 11 struction grant shall be in an amount not less than 12 $5,000,000 for each recipient. 13 (6) FEDERAL SHARE.— 14 (A) IN GENERAL.—Subject to subparagraph 15 (B), the Federal share of the total cost of a 16 project carried out using a capital construction 17 grant may not exceed 80 percent. 18 (B) MAXIMUM FEDERAL INVOLVEMENT.— 19 Federal assistance other than a capital construc- 20 tion grant may be used to satisfy the non-Fed- 21 eral share of the cost of a project for which the 22 grant is awarded. 23 (7) COMMUNITY ADVISORY BOARD.— 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00508 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 509 •HR 3684 RH (A) IN GENERAL.—To help achieve inclusive 1 economic development benefits with respect to the 2 project for which a grant is awarded, a grant re- 3 cipient may form a community advisory board, 4 which, if formed, shall— 5 (i) facilitate community engagement 6 with respect to the project; and 7 (ii) track progress with respect to com- 8 mitments of the grant recipient to inclusive 9 employment, contracting, and economic de- 10 velopment under the project. 11 (B) MEMBERSHIP.—If a grant recipient 12 forms a community advisory board under sub- 13 paragraph (A), the community advisory board 14 shall be composed of representatives of— 15 (i) the community, including residents 16 in the immediate vicinity of the project; 17 (ii) owners of businesses that serve the 18 community; 19 (iii) labor organizations that represent 20 workers that serve the community; 21 (iv) State and local government; and 22 (v) private and non-profit organiza- 23 tions that represent local community devel- 24 opment. 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00509 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 510 •HR 3684 RH (C) DIVERSITY.—The community advisory 1 board shall be representative of the community 2 served by the project. 3 (e) PRIORITIES.—In selecting recipients of planning 4 grants, capital construction grants, and technical assistance 5 under this section, the Secretary shall give priority to— 6 (1) an application from a community that is 7 economically disadvantaged, including an environ- 8 mental justice community, an underserved commu- 9 nity, or a community located in an area of persistent 10 poverty (as such term is defined in section 101 of title 11 23, United States Code); and 12 (2) an eligible entity that has— 13 (A) entered into a community benefits 14 agreement with representatives of the community 15 or formed a community advisory board under 16 paragraph (7) of subsection (d); 17 (B) demonstrated a plan for employing resi- 18 dents in the area impacted by the activity or 19 project through targeted hiring programs; and 20 (C) demonstrated a plan for improving 21 transportation system access. 22 (f) ADMINISTRATIVE EXPENSES.—Of amounts made 23 available to carry out this section, the Secretary may set 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00510 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 511 •HR 3684 RH aside not more than $5,000,000 in each fiscal year for the 1 costs of administering the program under this section. 2 (g) TECHNICAL ASSISTANCE.—Of amounts made 3 available to carry out this section, the Secretary may set 4 aside not more than $5,000,000 in each fiscal year to pro- 5 vide technical assistance to eligible entities under subsection 6 (c)(3). 7 (h) REPORT.—Not later than 2 years after the date 8 of enactment of this Act, the Secretary shall submit to the 9 Committee on Transportation and Infrastructure of the 10 House of Representatives and the Committee on Environ- 11 ment and Public Works of the Senate a report that— 12 (1) identifies and creates an online mapping tool 13 showing any examples of potential projects to remove 14 eligible facilities, and assesses the potential impacts of 15 carrying out such projects; and 16 (2) assesses projects funded under subsection (d) 17 to provide best practices. 18 (i) DEFINITIONS.—In this section: 19 (1) ANTI-DISPLACEMENT POLICY.—The term 20 ‘‘anti-displacement policy’’ means a policy that limits 21 the displacement of low-income, disadvantaged, and 22 underserved communities from neighborhoods due to 23 new investments in housing, businesses, and infra- 24 structure. 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00511 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 512 •HR 3684 RH (2) COMMUNITY LAND TRUST.—The term ‘‘com- 1 munity land trust’’ means a nonprofit organization 2 established or with the responsibility, as applicable— 3 (A) to develop the real estate created by the 4 removal or capping of an eligible facility; and 5 (B) to carry out anti-displacement or com- 6 munity development strategies, including— 7 (i) affordable housing preservation and 8 development; 9 (ii) homeownership and property im- 10 provement programs; 11 (iii) the development or rehabilitation 12 of park space or recreation facilities; and 13 (iv) community revitalization and eco- 14 nomic development projects. 15 (3) ELIGIBLE FACILITY.— 16 (A) IN GENERAL.—The term ‘‘eligible facil- 17 ity’’ means a highway or other transportation 18 facility that creates a barrier to community 19 connectivity, including barriers to mobility, ac- 20 cess, or economic development, due to high 21 speeds, grade separations, or other design factors. 22 (B) INCLUSIONS.—In this section, the term 23 ‘‘eligible facility’’ may include— 24 (i) a limited access highway; 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00512 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 513 •HR 3684 RH (ii) a railway; 1 (iii) a viaduct; 2 (iv) a principal arterial facility; or 3 (v) any other transportation facility 4 for which the high speeds, grade separation, 5 or other design factors create an obstacle to 6 connectivity. 7 SEC. 1312. APPRENTICESHIP UTILIZATION. 8 (a) IN GENERAL.— 9 (1) CERTIFICATION REQUIREMENT.—To receive a 10 grant under sections 117 and 173 of title 23, United 11 States Code, and section 1311 of this Act, each appli- 12 cant shall include in a grant application a certifi- 13 cation that such applicant will ensure that any con- 14 tractor or subcontractor utilized in carrying out ac- 15 tivities with such grant— 16 (A) meets or exceeds the apprenticeship em- 17 ployment goal; and 18 (B) to the extent practicable, employs quali- 19 fied apprentices from traditionally underrep- 20 resented populations, including women and mi- 21 norities, in meeting or exceeding such goal. 22 (2) EXCEPTIONS.—The Secretary may adjust the 23 requirements of this section if the grant applicant— 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00513 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 514 •HR 3684 RH (A) demonstrates a lack of availability of 1 qualified apprentices in a specific geographic 2 area; or 3 (B) makes a good faith effort to comply 4 with the requirements of this section. 5 (b) REGULATIONS.—The Secretary shall have the au- 6 thority to issue such regulations or other guidance, forms, 7 instructions, and publications as may be necessary or ap- 8 propriate to carry out the requirements of this section, in- 9 cluding reporting requirements for applicants awarded a 10 grant. 11 (c) REPORT TO CONGRESS.—Not later than 3 years 12 after the date of enactment of this Act, the Secretary shall 13 submit to the Committee on Transportation and Infrastruc- 14 ture of the House of Representatives and the Committee on 15 Environment and Public Works of the Senate a report on 16 the utilization of qualified apprentices for projects carried 17 out under sections 117 and 173 of title 23, United States 18 Code, and section 1311 of this Act, that includes— 19 (1) the total number of labor hours fulfilled by 20 qualified apprentices; 21 (2) the total number of qualified apprentices em- 22 ployed; 23 (3) the total number of grant recipients that met 24 or exceeded the apprenticeship employment goal; and 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00514 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 515 •HR 3684 RH (4) best practices utilized by grant recipients 1 that met or exceeded the apprenticeship employment 2 goal. 3 (d) PUBLIC TRANSPARENCY.—At the end of each fiscal 4 year, the Secretary shall make available on a public website 5 information on the utilization of qualified apprentices in 6 the preceding fiscal year for each grant program under sec- 7 tions 117 and 173 of title 23, United States Code, and sec- 8 tion 1311 of this Act, including— 9 (1) the total number of grant applicants that 10 certified they would be able to meet or exceed the ap- 11 prenticeship employment goal under subsection (a); 12 and 13 (2) the total number of grants awarded for which 14 applicants certified they would be able to meet or ex- 15 ceed the apprenticeship employment goal. 16 (e) DEFINITIONS.—In this section: 17 (1) APPRENTICESHIP EMPLOYMENT GOAL.—The 18 term ‘‘apprenticeship employment goal’’ means the 19 utilization of qualified apprentices for not less than 20 15 percent of the total labor hours used for construc- 21 tion activities for a project. 22 (2) QUALIFIED APPRENTICE.—The term ‘‘quali- 23 fied apprentice’’ means an employee participating in 24 an apprenticeship program that— 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00515 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 516 •HR 3684 RH (A) is registered with the Office of Appren- 1 ticeship of the Employment Training Adminis- 2 tration of the Department of Labor or a State 3 apprenticeship agency recognized by such Office 4 of Apprenticeship pursuant to the Act of August 5 16, 1937 (29 U.S.C. 50 et seq.; commonly known 6 as the ‘‘National Apprenticeship Act’’); and 7 (B) satisfies the requirements of subpart A 8 of part 29 and part 30 of title 29, Code of Fed- 9 eral Regulations. 10 (3) SECRETARY.—The term ‘‘Secretary’’ means 11 the Secretary of Transportation. 12 Subtitle D—Planning, Performance 13 Management, and Asset Manage- 14 ment 15 SEC. 1401. METROPOLITAN TRANSPORTATION PLANNING. 16 Section 134 of title 23, United States Code, is amend- 17 ed— 18 (1) in subsection (a) by striking ‘‘resiliency 19 needs while minimizing transportation-related fuel 20 consumption and air pollution’’ and inserting ‘‘resil- 21 ience and climate change adaptation needs while re- 22 ducing transportation-related fuel consumption, air 23 pollution, and greenhouse gas emissions’’; 24 (2) in subsection (b)— 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00516 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 517 •HR 3684 RH (A) by redesignating paragraphs (6) and 1 (7) as paragraphs (7) and (8), respectively; and 2 (B) by inserting after paragraph (5) the fol- 3 lowing: 4 ‘‘(6) STIP.—The term ‘STIP’ means a statewide 5 transportation improvement program developed by a 6 State under section 135(g).’’; 7 (3) in subsection (c)— 8 (A) in paragraph (1) by striking ‘‘and 9 transportation improvement programs’’ and in- 10 serting ‘‘and TIPs’’; and 11 (B) by adding at the end the following: 12 ‘‘(4) CONSIDERATION.—In developing the plans 13 and TIPs, metropolitan planning organizations shall 14 consider direct and indirect emissions of greenhouse 15 gases.’’; 16 (4) in subsection (d)— 17 (A) in paragraph (2) by striking ‘‘Not later 18 than 2 years after the date of enactment of 19 MAP–21, each’’ and inserting ‘‘Each’’; 20 (B) in paragraph (3) by adding at the end 21 the following: 22 ‘‘(D) EQUITABLE AND PROPORTIONAL REP- 23 RESENTATION.— 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00517 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 518 •HR 3684 RH ‘‘(i) IN GENERAL.—In designating offi- 1 cials or representatives under paragraph 2 (2), the metropolitan planning organization 3 shall ensure the equitable and proportional 4 representation of the population of the met- 5 ropolitan planning area. 6 ‘‘(ii) SAVINGS CLAUSE.—Nothing in 7 this paragraph shall require a metropolitan 8 planning organization in existence on the 9 date of enactment of this subparagraph to 10 be restructured. 11 ‘‘(iii) REDESIGNATION.—Notwith- 12 standing clause (ii), the requirements of this 13 paragraph shall apply to any metropolitan 14 planning organization redesignated under 15 paragraph (6).’’; 16 (C) in paragraph (6)(B) by striking ‘‘para- 17 graph (2)’’ and inserting ‘‘paragraphs (2) or 18 (3)(D)’’; and 19 (D) in paragraph (7)— 20 (i) by striking ‘‘an existing metropoli- 21 tan planning area’’ and inserting ‘‘an ur- 22 banized area’’; and 23 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00518 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 519 •HR 3684 RH (ii) by striking ‘‘the existing metropoli- 1 tan planning area’’ and inserting ‘‘the 2 area’’; 3 (5) in subsection (g)— 4 (A) in paragraph (1) by striking ‘‘a metro- 5 politan area’’ and inserting ‘‘an urbanized 6 area’’; 7 (B) in paragraph (2) by striking ‘‘MPOS’’ 8 and inserting ‘‘METROPOLITAN PLANNING 9 AREAS’’; 10 (C) in paragraph (3)(A) by inserting 11 ‘‘emergency response and evacuation, climate 12 change adaptation and resilience,’’ after ‘‘dis- 13 aster risk reduction,’’; and 14 (D) by adding at the end the following: 15 ‘‘(4) COORDINATION BETWEEN MPOS.— 16 ‘‘(A) IN GENERAL.—If more than one met- 17 ropolitan planning organization is designated 18 within an urbanized area under subsection 19 (d)(7), the metropolitan planning organizations 20 designated within the area shall ensure, to the 21 maximum extent practicable, the consistency of 22 any data used in the planning process, including 23 information used in forecasting transportation 24 demand. 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00519 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 520 •HR 3684 RH ‘‘(B) SAVINGS CLAUSE.—Nothing in this 1 paragraph requires metropolitan planning orga- 2 nizations designated within a single urbanized 3 area to jointly develop planning documents, in- 4 cluding a unified long-range transportation plan 5 or unified TIP.’’; 6 (6) in subsection (h)(1)— 7 (A) by striking subparagraph (E) and in- 8 serting the following: 9 ‘‘(E) protect and enhance the environment, 10 promote energy conservation, reduce greenhouse 11 gas emissions, improve the quality of life and 12 public health, and promote consistency between 13 transportation improvements and State and 14 local planned growth and economic development 15 patterns, including housing and land use pat- 16 terns;’’; 17 (B) in subparagraph (I)— 18 (i) by inserting ‘‘, sea level rise, ex- 19 treme weather, and climate change’’ after 20 ‘‘stormwater’’; and 21 (ii) by striking ‘‘and’’ at the end; 22 (C) by redesignating subparagraph (J) as 23 subparagraph (M); and 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00520 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 521 •HR 3684 RH (D) by inserting after subparagraph (I) the 1 following: 2 ‘‘(J) support emergency management, re- 3 sponse, and evacuation and hazard mitigation; 4 ‘‘(K) improve the level of transportation 5 system access; 6 ‘‘(L) support inclusive zoning policies and 7 land use planning practices that incentivize af- 8 fordable, elastic, and diverse housing supply, fa- 9 cilitate long-term economic growth by improving 10 the accessibility of housing to jobs, and prevent 11 high housing costs from displacing economically 12 disadvantaged households; and’’; 13 (7) in subsection (h)(2) by striking subpara- 14 graph (A) and inserting the following: 15 ‘‘(A) IN GENERAL.—Through the use of a 16 performance-based approach, transportation in- 17 vestment decisions made as a part of the metro- 18 politan transportation planning process shall 19 support the national goals described in section 20 150(b), the achievement of metropolitan and 21 statewide targets established under section 22 150(d), the improvement of transportation sys- 23 tem access (consistent with section 150(f)), and 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00521 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 522 •HR 3684 RH the general purposes described in section 5301 of 1 title 49.’’; 2 (8) in subsection (i)— 3 (A) in paragraph (2)(D)(i) by inserting 4 ‘‘reduce greenhouse gas emissions and’’ before 5 ‘‘restore and maintain’’; 6 (B) in paragraph (2)(G) by inserting ‘‘and 7 climate change’’ after ‘‘infrastructure to natural 8 disasters’’; 9 (C) in paragraph (2)(H) by inserting 10 ‘‘greenhouse gas emissions,’’ after ‘‘pollution,’’; 11 (D) in paragraph (5)— 12 (i) in subparagraph (A) by inserting 13 ‘‘air quality, public health, housing, trans- 14 portation, resilience, hazard mitigation, 15 emergency management,’’ after ‘‘conserva- 16 tion,’’; and 17 (ii) by striking subparagraph (B) and 18 inserting the following: 19 ‘‘(B) ISSUES.—The consultation shall in- 20 volve, as appropriate, comparison of transpor- 21 tation plans to other relevant plans, including, if 22 available— 23 ‘‘(i) State conservation plans or maps; 24 and 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00522 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 523 •HR 3684 RH ‘‘(ii) inventories of natural or historic 1 resources.’’; and 2 (E) by amending paragraph (6)(C) to read 3 as follows: 4 ‘‘(C) METHODS.— 5 ‘‘(i) IN GENERAL.—In carrying out 6 subparagraph (A), the metropolitan plan- 7 ning organization shall, to the maximum 8 extent practicable— 9 ‘‘(I) hold any public meetings at 10 convenient and accessible locations and 11 times; 12 ‘‘(II) employ visualization tech- 13 niques to describe plans; and 14 ‘‘(III) make public information 15 available in electronically accessible 16 format and means, such as the inter- 17 net, as appropriate to afford reasonable 18 opportunity for consideration of public 19 information under subparagraph (A). 20 ‘‘(ii) ADDITIONAL METHODS.—In addi- 21 tion to the methods described in clause (i), 22 in carrying out subparagraph (A), the met- 23 ropolitan planning organization shall, to 24 the maximum extent practicable— 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00523 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 524 •HR 3684 RH ‘‘(I) use virtual public involve- 1 ment, social media, and other web- 2 based tools to encourage public partici- 3 pation and solicit public feedback; and 4 ‘‘(II) use other methods, as appro- 5 priate, to further encourage public par- 6 ticipation of historically underrep- 7 resented individuals in the transpor- 8 tation planning process.’’; 9 (9) in subsection (j) by striking ‘‘transportation 10 improvement program’’ and inserting ‘‘TIP’’ each 11 place it appears; and 12 (10) by striking ‘‘Federally’’ each place it ap- 13 pears and inserting ‘‘federally’’. 14 SEC. 1402. STATEWIDE AND NONMETROPOLITAN TRANS- 15 PORTATION PLANNING. 16 Section 135 of title 23, United States Code, is amend- 17 ed— 18 (1) in subsection (a)— 19 (A) in paragraph (1) by striking ‘‘statewide 20 transportation improvement program’’ and in- 21 serting ‘‘STIP’’; 22 (B) in paragraph (2)— 23 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00524 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 525 •HR 3684 RH (i) by striking ‘‘The statewide trans- 1 portation plan and the’’ and inserting the 2 following: 3 ‘‘(A) IN GENERAL.—The statewide transpor- 4 tation plan and the’’; 5 (ii) by striking ‘‘transportation im- 6 provement program’’ and inserting ‘‘STIP’’; 7 and 8 (iii) by adding at the end the fol- 9 lowing: 10 ‘‘(B) CONSIDERATION.—In developing the 11 statewide transportation plans and STIPs, 12 States shall consider direct and indirect emis- 13 sions of greenhouse gases.’’; and 14 (C) in paragraph (3) by striking ‘‘transpor- 15 tation improvement program’’ and inserting 16 ‘‘STIP’’; 17 (2) in subsection (d)— 18 (A) in paragraph (1)— 19 (i) in subparagraph (E)— 20 (I) by inserting ‘‘reduce green- 21 house gas emissions,’’ after ‘‘promote 22 energy conservation,’’; 23 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00525 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 526 •HR 3684 RH (II) by inserting ‘‘and public 1 health’’ after ‘‘improve the quality of 2 life’’; and 3 (III) by inserting ‘‘, including 4 housing and land use patterns’’ after 5 ‘‘economic development patterns’’; 6 (ii) in subparagraph (I)— 7 (I) by inserting ‘‘, sea level rise, 8 extreme weather, and climate change’’ 9 after ‘‘mitigate stormwater’’; and 10 (II) by striking ‘‘and’’ after the 11 semicolon; 12 (iii) by redesignating subparagraph 13 (J) as subparagraph (M); and 14 (iv) by inserting after subparagraph 15 (I) the following: 16 ‘‘(J) facilitate emergency management, re- 17 sponse, and evacuation and hazard mitigation; 18 ‘‘(K) improve the level of transportation 19 system access; 20 ‘‘(L) support inclusive zoning policies and 21 land use planning practices that incentivize af- 22 fordable, elastic, and diverse housing supply, fa- 23 cilitate long-term economic growth by improving 24 the accessibility of housing to jobs, and prevent 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00526 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 527 •HR 3684 RH high housing costs from displacing economically 1 disadvantaged households; and’’; 2 (B) in paragraph (2)— 3 (i) by striking subparagraph (A) and 4 inserting the following: 5 ‘‘(A) IN GENERAL.—Through the use of a 6 performance-based approach, transportation in- 7 vestment decisions made as a part of the state- 8 wide transportation planning process shall sup- 9 port— 10 ‘‘(i) the national goals described in sec- 11 tion 150(b); 12 ‘‘(ii) the consideration of transpor- 13 tation system access (consistent with section 14 150(f)); 15 ‘‘(iii) the achievement of statewide tar- 16 gets established under section 150(d); and 17 ‘‘(iv) the general purposes described in 18 section 5301 of title 49.’’; and 19 (ii) in subparagraph (D) by striking 20 ‘‘statewide transportation improvement pro- 21 gram’’ and inserting ‘‘STIP’’; and 22 (C) in paragraph (3) by striking ‘‘statewide 23 transportation improvement program’’ and in- 24 serting ‘‘STIP’’; 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00527 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 528 •HR 3684 RH (3) in subsection (e)(3) by striking ‘‘transpor- 1 tation improvement program’’ and inserting ‘‘STIP’’; 2 (4) in subsection (f)— 3 (A) in paragraph (2)(D)— 4 (i) in clause (i) by inserting ‘‘air qual- 5 ity, public health, housing, transportation, 6 resilience, hazard mitigation, emergency 7 management,’’ after ‘‘conservation,’’; and 8 (ii) by amending clause (ii) to read as 9 follows: 10 ‘‘(ii) COMPARISON AND CONSIDER- 11 ATION.—Consultation under clause (i) shall 12 involve the comparison of transportation 13 plans to other relevant plans and inven- 14 tories, including, if available— 15 ‘‘(I) State and tribal conservation 16 plans or maps; and 17 ‘‘(II) inventories of natural or 18 historic resources.’’; 19 (B) in paragraph (3)(B)— 20 (i) by striking ‘‘In carrying out’’ and 21 inserting the following: 22 ‘‘(i) IN GENERAL.—in carrying out’’; 23 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00528 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 529 •HR 3684 RH (ii) by redesignating clauses (i) 1 through (iv) as subclauses (I) through (IV), 2 respectively; and 3 (iii) by adding at the end the fol- 4 lowing: 5 ‘‘(ii) ADDITIONAL METHODS.—In addi- 6 tion to the methods described in clause (i), 7 in carrying out subparagraph (A), the State 8 shall, to the maximum extent practicable— 9 ‘‘(I) use virtual public involve- 10 ment, social media, and other web- 11 based tools to encourage public partici- 12 pation and solicit public feedback; and 13 ‘‘(II) use other methods, as appro- 14 priate, to further encourage public par- 15 ticipation of historically underrep- 16 resented individuals in the transpor- 17 tation planning process.’’; 18 (C) in paragraph (4)(A) by inserting ‘‘re- 19 duce greenhouse gas emissions and’’ after ‘‘poten- 20 tial to’’; and 21 (D) in paragraph (8) by inserting ‘‘green- 22 house gas emissions,’’ after ‘‘pollution,’’; 23 (5) in subsection (g)— 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00529 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 530 •HR 3684 RH (A) in paragraph (1)(A) by striking ‘‘state- 1 wide transportation improvement program’’ and 2 inserting ‘‘STIP’’; 3 (B) in paragraph (3) by striking ‘‘opera- 4 tors),,’’ and inserting ‘‘operators),’’; 5 (C) in paragraph (4) by striking ‘‘statewide 6 transportation improvement program’’ and in- 7 serting ‘‘STIP’’ each place it appears; 8 (D) in paragraph (5)— 9 (i) in subparagraph (A) by striking 10 ‘‘transportation improvement program’’ 11 and inserting ‘‘STIP’’; 12 (ii) in subparagraph (B)(ii) by strik- 13 ing ‘‘metropolitan transportation improve- 14 ment program’’ and inserting ‘‘TIP’’; 15 (iii) in subparagraph (C) by striking 16 ‘‘transportation improvement program’’ 17 and inserting ‘‘STIP’’ each place it ap- 18 pears; 19 (iv) in subparagraph (E) by striking 20 ‘‘transportation improvement program’’ 21 and inserting ‘‘STIP’’; 22 (v) in subparagraph (F)(i) by striking 23 ‘‘transportation improvement program’’ 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00530 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 531 •HR 3684 RH and inserting ‘‘STIP’’ each place it ap- 1 pears; 2 (vi) in subparagraph (G)(ii) by strik- 3 ing ‘‘transportation improvement program’’ 4 and inserting ‘‘STIP’’; and 5 (vii) in subparagraph (H) by striking 6 ‘‘transportation improvement program’’ 7 and inserting ‘‘STIP’’; 8 (E) in paragraph (6)— 9 (i) in subparagraph (A)— 10 (I) by striking ‘‘transportation 11 improvement program’’ and inserting 12 ‘‘STIP’’; and 13 (II) by striking ‘‘and projects car- 14 ried out under the bridge program or 15 the Interstate maintenance program’’; 16 and 17 (ii) in subparagraph (B)— 18 (I) by striking ‘‘or under the 19 bridge program or the Interstate main- 20 tenance program’’; 21 (II) by striking ‘‘5310, 5311, 22 5316, and 5317’’ and inserting ‘‘5310 23 and 5311’’; and 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00531 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 532 •HR 3684 RH (III) by striking ‘‘statewide trans- 1 portation improvement program’’ and 2 inserting ‘‘STIP’’; 3 (F) in paragraph (7)— 4 (i) in the heading by striking ‘‘TRANS- 5 PORTATION IMPROVEMENT PROGRAM’’ and 6 inserting ‘‘STIP’’; and 7 (ii) by striking ‘‘transportation im- 8 provement program’’ and inserting ‘‘STIP’’; 9 (G) in paragraph (8) by striking ‘‘statewide 10 transportation plans and programs’’ and insert- 11 ing ‘‘statewide transportation plans and STIPs’’; 12 and 13 (H) in paragraph (9) by striking ‘‘trans- 14 portation improvement program’’ and inserting 15 ‘‘STIP’’; 16 (6) in subsection (h)(2)(A) by striking ‘‘Not later 17 than 5 years after the date of enactment of the MAP– 18 21,’’ and inserting ‘‘Not less frequently than once 19 every 4 years,’’; 20 (7) in subsection (k) by striking ‘‘transportation 21 improvement program’’ and inserting ‘‘STIP’’ each 22 place it appears; and 23 (8) in subsection (m) by striking ‘‘transportation 24 improvement programs’’ and inserting ‘‘STIPs’’. 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00532 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 533 •HR 3684 RH SEC. 1403. NATIONAL GOALS AND PERFORMANCE MANAGE- 1 MENT MEASURES. 2 (a) IN GENERAL.—Section 150 of title 23, United 3 States Code, is amended— 4 (1) in subsection (b)— 5 (A) in paragraph (1) by inserting ‘‘or 6 elimination’’ after ‘‘significant reduction’’; 7 (B) by redesignating paragraph (7) as 8 paragraph (8); and 9 (C) by inserting after paragraph (6) the fol- 10 lowing: 11 ‘‘(7) COMBATING CLIMATE CHANGE.—To reduce 12 carbon dioxide and other greenhouse gas emissions 13 and reduce the climate impacts of the transportation 14 system.’’; 15 (2) in subsection (c)— 16 (A) in paragraph (1) by striking ‘‘Not later 17 than 18 months after the date of enactment of the 18 MAP–21, the Secretary’’ and inserting ‘‘The Sec- 19 retary’’; and 20 (B) by adding at the end the following: 21 ‘‘(7) GREENHOUSE GAS EMISSIONS.—The Sec- 22 retary shall establish, in consultation with the Ad- 23 ministrator of the Environmental Protection Agency, 24 measures for States to use to assess— 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00533 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 534 •HR 3684 RH ‘‘(A) carbon dioxide emissions per capita on 1 public roads; 2 ‘‘(B) carbon dioxide emissions using dif- 3 ferent parameters than described in subpara- 4 graph (A) that the Secretary determines to be 5 appropriate; and 6 ‘‘(C) any other greenhouse gas emissions on 7 public roads that the Secretary determines to be 8 appropriate.’’; 9 (3) in subsection (d)— 10 (A) in paragraph (1)— 11 (i) by striking ‘‘Not later than 1 year 12 after the Secretary has promulgated the 13 final rulemaking under subsection (c), each’’ 14 and inserting ‘‘Each’’; and 15 (ii) by striking ‘‘and (6)’’ and insert- 16 ing ‘‘(6), and (7)’’; and 17 (B) by adding at the end the following: 18 ‘‘(3) REGRESSIVE TARGETS.— 19 ‘‘(A) IN GENERAL.—A State may not estab- 20 lish a regressive target for the measures described 21 under paragraph (4) or paragraph (7) of sub- 22 section (c). 23 ‘‘(B) REGRESSIVE TARGET DEFINED.—In 24 this paragraph, the term ‘regressive target’ 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00534 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 535 •HR 3684 RH means a target that fails to demonstrate constant 1 or improved performance for a particular meas- 2 ure.’’; 3 (4) in subsection (e)— 4 (A) by striking ‘‘Not later than 4 years 5 after the date of enactment of the MAP–21 and 6 biennially thereafter, a’’ and inserting ‘‘A’’; and 7 (B) by inserting ‘‘biennial’’ after ‘‘the Sec- 8 retary a’’; and 9 (5) by adding at the end the following: 10 ‘‘(f) TRANSPORTATION SYSTEM ACCESS.— 11 ‘‘(1) IN GENERAL.—The Secretary shall establish 12 measures for States and metropolitan planning orga- 13 nizations to use to assess the level of safe, reliable, and 14 convenient transportation system access to— 15 ‘‘(A) employment; and 16 ‘‘(B) services. 17 ‘‘(2) CONSIDERATIONS.—The measures estab- 18 lished pursuant to paragraph (1) shall include the 19 ability for States and metropolitan planning organi- 20 zations to assess— 21 ‘‘(A) the change in the level of transpor- 22 tation system access for various modes of travel, 23 including connection to other modes of transpor- 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00535 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 536 •HR 3684 RH tation, that would result from new transpor- 1 tation investments; 2 ‘‘(B) the level of transportation system ac- 3 cess for economically disadvantaged commu- 4 nities, including to affordable housing; and 5 ‘‘(C) the extent to which transportation ac- 6 cess is impacted by zoning policies and land use 7 planning practices that effect the affordability, 8 elasticity, and diversity of the housing supply. 9 ‘‘(3) DEFINITION OF SERVICES.—In this sub- 10 section, the term ‘services’ includes healthcare facili- 11 ties, child care, education and workforce training, 12 food sources, banking and other financial institutions, 13 and other retail shopping establishments.’’. 14 (b) METROPOLITAN TRANSPORTATION PLANNING; 15 TITLE 23.—Section 134 of title 23, United States Code, is 16 further amended— 17 (1) in subsection (j)(2)(D)— 18 (A) by striking ‘‘PERFORMANCE TARGET 19 ACHIEVEMENT’’ in the heading and inserting 20 ‘‘PERFORMANCE MANAGEMENT’’; 21 (B) by striking ‘‘The TIP’’ and inserting 22 the following: 23 ‘‘(i) IN GENERAL.—The TIP’’; and 24 (C) by adding at the end the following: 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00536 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 537 •HR 3684 RH ‘‘(ii) TRANSPORTATION MANAGEMENT 1 AREAS.—For metropolitan planning areas 2 that represent an urbanized area designated 3 as a transportation management area 4 under subsection (k), the TIP shall in- 5 clude— 6 ‘‘(I) a discussion of the antici- 7 pated effect of the TIP toward achiev- 8 ing the performance targets established 9 in the metropolitan transportation 10 plan, linking investment priorities to 11 such performance targets; and 12 ‘‘(II) a description of how the an- 13 ticipated effect of the TIP would im- 14 prove the overall level of transportation 15 system access, consistent with section 16 150(f).’’; 17 (2) in subsection (k)— 18 (A) in paragraph (3)(A)— 19 (i) by striking ‘‘shall address conges- 20 tion management’’ and inserting the fol- 21 lowing: ‘‘shall address— 22 ‘‘(i) congestion management’’; 23 (ii) by striking the period at the end 24 and inserting ‘‘; and’’; and 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00537 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 538 •HR 3684 RH (iii) by adding at the end the fol- 1 lowing: 2 ‘‘(ii) the overall level of transportation 3 system access for various modes of travel 4 within the metropolitan planning area, in- 5 cluding the level of access for economically 6 disadvantaged communities, consistent with 7 section 150(f), that is based on a coopera- 8 tively developed and implemented metro- 9 politan-wide strategy, assessing both new 10 and existing transportation facilities eligi- 11 ble for funding under this title and chapter 12 53 of title 49.’’; and 13 (B) in paragraph (5)(B)— 14 (i) in clause (i) by striking ‘‘; and’’ 15 and inserting a semicolon; 16 (ii) in clause (ii) by striking the pe- 17 riod and inserting ‘‘; and’’; and 18 (iii) by adding at the end the fol- 19 lowing: 20 ‘‘(iii) the TIP approved under clause 21 (ii) makes progress towards improving the 22 level of transportation system access, con- 23 sistent with section 150(f).’’; and 24 (3) in subsection (l)(2)— 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00538 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 539 •HR 3684 RH (A) by striking ‘‘5 years after the date of 1 enactment of the MAP–21’’ and inserting ‘‘2 2 years after the date of enactment of the INVEST 3 in America Act, and every 2 years thereafter’’; 4 (B) in subparagraph (C) by striking ‘‘and 5 whether metropolitan planning organizations are 6 developing meaningful performance targets; and’’ 7 and inserting a semicolon; and 8 (C) by striking subparagraph (D) and in- 9 serting the following: 10 ‘‘(D) a listing of all metropolitan planning 11 organizations that are establishing performance 12 targets and whether such performance targets es- 13 tablished by the metropolitan planning organiza- 14 tion are meaningful or regressive (as defined in 15 section 150(d)(3)(B)); and 16 ‘‘(E) the progress of implementing the meas- 17 ure established under section 150(f).’’. 18 (c) STATEWIDE AND NONMETROPOLITAN TRANSPOR- 19 TATION PLANNING; TITLE 23.—Section 135(g)(4) of title 23, 20 United States Code, is further amended— 21 (1) by striking ‘‘PERFORMANCE TARGET 22 ACHIEVEMENT’’ in the heading and inserting ‘‘PER- 23 FORMANCE MANAGEMENT’’; 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00539 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 540 •HR 3684 RH (2) by striking ‘‘shall include, to the maximum 1 extent practicable, a discussion’’ and inserting the fol- 2 lowing: ‘‘shall include— 3 ‘‘(A) a discussion’’; 4 (3) by striking the period at the end and insert- 5 ing ‘‘; and’’; and 6 (4) by adding at the end the following: 7 ‘‘(B) a consideration of the anticipated ef- 8 fect of the STIP on the overall level of transpor- 9 tation system access, consistent with section 10 150(f).’’. 11 (d) METROPOLITAN TRANSPORTATION PLANNING; 12 TITLE 49.—Section 5303 of title 49, United States Code, 13 is amended— 14 (1) in subsection (j)(2)(D)— 15 (A) by striking ‘‘PERFORMANCE TARGET 16 ACHIEVEMENT’’ and inserting ‘‘PERFORMANCE 17 MANAGEMENT’’; 18 (B) by striking ‘‘The transportation im- 19 provement plan’’ and inserting the following: 20 ‘‘(i) IN GENERAL.—The TIP’’; and 21 (C) by adding at the end the following: 22 ‘‘(ii) TRANSPORTATION MANAGEMENT 23 AREAS.—For metropolitan planning areas 24 that represent an urbanized area designated 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00540 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 541 •HR 3684 RH as a transportation management area 1 under subsection (k), the TIP shall in- 2 clude— 3 ‘‘(I) a discussion of the antici- 4 pated effect of the TIP toward achiev- 5 ing the performance targets established 6 in the metropolitan transportation 7 plan, linking investment priorities to 8 such performance targets; and 9 ‘‘(II) a description of how the an- 10 ticipated effect of the TIP would im- 11 prove the overall level of transportation 12 system access, consistent with section 13 150(f) of title 23.’’; 14 (2) in subsection (k)— 15 (A) in paragraph (3)(A)— 16 (i) by striking ‘‘shall address conges- 17 tion management’’ and inserting the fol- 18 lowing: ‘‘shall address— 19 ‘‘(i) congestion management’’; 20 (ii) by striking the period at the end 21 and inserting ‘‘; and’’; and 22 (iii) by adding at the end the fol- 23 lowing: 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00541 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 542 •HR 3684 RH ‘‘(ii) the overall level of transportation 1 system access for various modes of travel 2 within the metropolitan planning area, in- 3 cluding the level of access for economically 4 disadvantaged communities, consistent with 5 section 150(f) of title 23, that is based on a 6 cooperatively developed and implemented 7 metropolitan-wide strategy, assessing both 8 new and existing transportation facilities 9 eligible for funding under this chapter and 10 title 23.’’; and 11 (B) in paragraph (5)(B)— 12 (i) in clause (i) by striking ‘‘; and’’ 13 and inserting a semicolon; 14 (ii) in clause (ii) by striking the pe- 15 riod and inserting ‘‘; and’’; and 16 (iii) by adding at the end the fol- 17 lowing: 18 ‘‘(iii) the TIP approved under clause 19 (ii) makes progress towards improving the 20 level of transportation system access, con- 21 sistent with section 150(f) of title 23.’’; and 22 (3) in subsection (l)(2)— 23 (A) by striking ‘‘5 years after the date of 24 enactment of the Federal Public Transportation 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00542 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 543 •HR 3684 RH Act of 2012’’ and inserting ‘‘2 years after the 1 date of enactment of the INVEST in America 2 Act, and every 2 years thereafter’’; 3 (B) in subparagraph (C) by striking ‘‘and 4 whether metropolitan planning organizations are 5 developing meaningful performance targets; and’’ 6 and inserting a semicolon; and 7 (C) by striking subparagraph (D) and in- 8 serting the following: 9 ‘‘(D) a listing of all metropolitan planning 10 organizations that are establishing performance 11 targets and whether such performance targets es- 12 tablished by the metropolitan planning organiza- 13 tion are meaningful or regressive (as defined in 14 section 150(d)(3)(B) of title 23); and 15 ‘‘(E) the progress of implementing the meas- 16 ure established under section 150(f) of title 23.’’. 17 (e) STATEWIDE AND NONMETROPOLITAN TRANSPOR- 18 TATION PLANNING; TITLE 49.—Section 5304(g)(4) of title 19 49, United States Code, is amended— 20 (1) by striking ‘‘PERFORMANCE TARGET 21 ACHIEVEMENT’’ and inserting ‘‘PERFORMANCE MAN- 22 AGEMENT’’; 23 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00543 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 544 •HR 3684 RH (2) by striking ‘‘shall include, to the maximum 1 extent practicable, a discussion’’ and inserting the fol- 2 lowing: ‘‘shall include— 3 ‘‘(A) a discussion’’; 4 (3) by striking the period at the end and insert- 5 ing ‘‘; and’’; 6 (4) by striking ‘‘statewide transportation im- 7 provement program’’ and inserting ‘‘STIP’’ each 8 place it appears; and 9 (5) by adding at the end the following: 10 ‘‘(B) a consideration of the anticipated ef- 11 fect of the STIP on the overall level of transpor- 12 tation system access, consistent with section 13 150(f) of title 23.’’. 14 (f) SAVINGS CLAUSE.— 15 (1) REGRESSIVE TARGETS.—The prohibition in 16 the amendment made by subsection (a)(3)(B) shall 17 apply to States beginning on the date that is 1 year 18 before the subsequent State target and reporting dead- 19 lines related to safety performance management estab- 20 lished pursuant to section 150 of title 23, United 21 States Code. 22 (2) ACCESS PLANNING REQUIREMENTS.—The re- 23 quirements in the amendments made by subsections 24 (b), (c), (d), and (e) shall apply beginning on the date 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00544 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 545 •HR 3684 RH on which the requirements for the measure described 1 in section 150(f) of title 23, United States Code, take 2 effect. 3 (g) DEVELOPMENT OF GREENHOUSE GAS MEAS- 4 URE.—Not later than 1 year after the date of enactment 5 of this Act, the Secretary of Transportation shall issue such 6 regulations as are necessary to carry out paragraph (7) of 7 section 150(c) of title 23, United States Code, as added by 8 this Act. 9 (h) DEVELOPMENT OF TRANSPORTATION SYSTEM AC- 10 CESS MEASURE.— 11 (1) ESTABLISHMENT.—Not later than 120 days 12 after the date of enactment of this Act, the Secretary 13 of Transportation shall establish a working group to 14 assess the provisions of paragraphs (1) and (2) of sec- 15 tion 150(f) and make recommendations regarding the 16 establishment of measures for States and metropolitan 17 planning organizations to use to assess the level of 18 transportation system access for various modes of 19 travel, consistent with section 150(f) of title 23, 20 United States Code. 21 (2) MEMBERS.—The working group established 22 pursuant to paragraph (1) shall include representa- 23 tives from— 24 (A) the Department of Transportation; 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00545 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 546 •HR 3684 RH (B) State departments of transportation, 1 including representatives that specialize in pe- 2 destrian and bicycle safety; 3 (C) the Bureau of Transportation Statistics; 4 (D) metropolitan planning organizations 5 representing transportation management areas 6 (as those terms are defined in section 134 of title 7 23, United States Code); 8 (E) other metropolitan planning organiza- 9 tions or local governments; 10 (F) providers of public transportation; 11 (G) nonprofit entities related to transpor- 12 tation, including relevant safety groups; 13 (H) experts in the field of transportation 14 access data; and 15 (I) any other stakeholders, as determined by 16 the Secretary. 17 (3) REPORT.— 18 (A) SUBMISSION.—Not later than 1 year 19 after the establishment of the working group pur- 20 suant to paragraph (1), the working group shall 21 submit to the Secretary a report of recommenda- 22 tions regarding the establishment of measures for 23 States and metropolitan planning organizations 24 to use to assess the level of transportation system 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00546 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 547 •HR 3684 RH access, consistent with section 150(f) of title 23, 1 United States Code. 2 (B) PUBLICATION.—Not later than 30 days 3 after the date on which the Secretary receives the 4 report under subparagraph (A), the Secretary 5 shall publish the report on a publicly accessible 6 website of the Department of Transportation. 7 (4) RULEMAKING.—Not later than 2 years after 8 the date on which the Secretary receives the report 9 under paragraph (3), the Secretary shall issue such 10 regulations as are necessary to implement the require- 11 ments of section 150(f) of title 23, United States Code. 12 (5) TERMINATION.—The Secretary shall termi- 13 nate the working group established pursuant to para- 14 graph (1) on the date on which the regulation issued 15 pursuant to paragraph (4) takes effect. 16 (i) TRANSPORTATION SYSTEM ACCESS DATA.— 17 (1) IN GENERAL.—Not later than 90 days after 18 the date on which the Secretary of Transportation es- 19 tablishes the measure required under section 150(f) of 20 title 23, United States Code, the Secretary shall de- 21 velop or procure eligible transportation system access 22 data sets and analytical tools and make such data 23 sets and analytical tools available to State depart- 24 ments of transportation and metropolitan planning 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00547 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 548 •HR 3684 RH areas that represent transportation management 1 areas. 2 (2) REQUIREMENTS.—An eligible transportation 3 system access data set and analytical tool shall have 4 the following characteristics: 5 (A) The ability to quantify the level of safe, 6 reliable, and convenient transportation system 7 access to— 8 (i) employment; 9 (ii) services; and 10 (iii) connections to other modes of 11 transportation. 12 (B) The ability to quantify transportation 13 system access for various modes of travel, includ- 14 ing— 15 (i) driving; 16 (ii) public transportation; 17 (iii) walking (including conveyance for 18 persons with disabilities); and 19 (iv) cycling (including micromobility). 20 (C) The ability to disaggregate the level of 21 transportation system access by various trans- 22 portation modes by a variety of population cat- 23 egories, including— 24 (i) low-income populations; 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00548 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 549 •HR 3684 RH (ii) minority populations; 1 (iii) age; 2 (iv) disability; and 3 (v) geographical location. 4 (D) The ability to assess the change in the 5 level of transportation system access that would 6 result from new transportation investments. 7 (3) CONSIDERATION.—An eligible transportation 8 system access data set and analytical tool shall take 9 into consideration safe and connected networks for 10 walking, cycling, and persons with disabilities. 11 (j) DEFINITIONS.—In this section: 12 (1) TRANSPORTATION SYSTEM ACCESS.—The 13 term ‘‘transportation system access’’ has the meaning 14 given such term in section 101 of title 23, United 15 States Code. 16 (2) SERVICES.—The term ‘‘services’’ has the 17 meaning given such term in section 150(f) of title 23, 18 United States Code. 19 SEC. 1404. TRANSPORTATION DEMAND DATA AND MOD- 20 ELING STUDY. 21 (a) STUDY.— 22 (1) IN GENERAL.—The Secretary of Transpor- 23 tation shall conduct a study on transportation de- 24 mand data and modeling, including transportation 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00549 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 550 •HR 3684 RH demand forecasting, and make recommendations for 1 developing and utilizing transportation and traffic 2 demand models with a demonstrated record of accu- 3 racy. 4 (2) CONTENTS.—In carrying out the study under 5 this section, the Secretary shall— 6 (A) collect observed transportation demand 7 data and transportation demand forecasts from 8 States and metropolitan planning organizations, 9 including data and forecasts on— 10 (i) traffic counts; 11 (ii) transportation mode share and 12 public transportation ridership; and 13 (iii) vehicle occupancy measures; 14 (B) compare the transportation demand 15 forecasts with the observed transportation de- 16 mand data gathered under subparagraph (A), 17 including an analysis of the level of accuracy of 18 forecasts and possible reasons for large discrep- 19 ancies; and 20 (C) use the information described in sub- 21 paragraphs (A) and (B) to— 22 (i) develop best practices and guidance 23 for States and metropolitan planning orga- 24 nizations to use in forecasting transpor- 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00550 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 551 •HR 3684 RH tation demand for future investments in 1 transportation improvements; 2 (ii) evaluate the impact of transpor- 3 tation investments, including new roadway 4 capacity, on transportation behavior and 5 transportation demand, including public 6 transportation ridership, induced highway 7 transportation, and congestion; 8 (iii) support more accurate transpor- 9 tation demand forecasting by States and 10 metropolitan planning organizations; 11 (iv) enhance the capacity of States and 12 metropolitan planning organizations to— 13 (I) forecast transportation de- 14 mand; and 15 (II) track observed transportation 16 behavior responses, including induced 17 transportation, to changes in transpor- 18 tation capacity, pricing, and land use 19 patterns; and 20 (v) develop transportation demand 21 management strategies to maximize the effi- 22 ciency of the transportation system, im- 23 prove mobility, reduce congestion, and lower 24 vehicle emissions. 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00551 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 552 •HR 3684 RH (3) COVERED ENTITIES.—In carrying out the 1 study under this section, the Secretary shall ensure 2 that data and forecasts described in paragraph (2)(A) 3 are collected from— 4 (A) States; 5 (B) metropolitan planning organizations 6 that serve an area with a population of 200,000 7 people or fewer; and 8 (C) metropolitan planning organizations 9 that serve an area with a population of over 10 200,000 people. 11 (4) WORKING WITH THE PRIVATE SECTOR.—In 12 carrying out this section, the Secretary may, and is 13 encouraged to, procure additional data as necessary 14 from university transportation centers, private sector 15 providers, and other entities as is needed and may 16 use funds authorized under section 503(b) of title 23, 17 United States Code, for carrying out this paragraph. 18 (5) WORKING WITH AFFECTED COMMUNITIES.— 19 In carrying out this section, the Secretary shall con- 20 sult with, and collect data and input from, represent- 21 atives of— 22 (A) the Department of Transportation; 23 (B) State departments of transportation; 24 (C) metropolitan planning organizations; 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00552 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 553 •HR 3684 RH (D) local governments; 1 (E) providers of public transportation; 2 (F) nonprofit entities related to transpor- 3 tation, including safety, cycling, disability, and 4 equity groups; and 5 (G) any other stakeholders, as determined 6 by the Secretary. 7 (b) REPORT.—Not later than 2 years after the date 8 of enactment of this Act, the Secretary shall submit to Con- 9 gress a report containing the findings of the study con- 10 ducted under subsection (a). 11 (c) SECRETARIAL SUPPORT.—The Secretary shall seek 12 opportunities to support the transportation planning proc- 13 esses under sections 134 and 135 of title 23, United States 14 Code, through the provision of data to States and metropoli- 15 tan planning organizations to improve the quality of trans- 16 portation plans, models, and demand forecasts. 17 (d) UPDATE GUIDANCE AND REGULATIONS.—The Sec- 18 retary shall— 19 (1) update Department of Transportation guid- 20 ance and procedures to utilize best practices docu- 21 mented throughout the Federal program; and 22 (2) ensure that best practices included in the re- 23 port are incorporated into appropriate regulations as 24 such regulations are updated. 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00553 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 554 •HR 3684 RH (e) CONTINUING IMPROVEMENT.—The Secretary shall 1 set out a process to repeat the study under this section every 2 2 years as part of the conditions and performance report, 3 including— 4 (1) progress in the accuracy of model projections; 5 (2) further recommendations for improvement; 6 and 7 (3) further changes to guidance, regulation, and 8 procedures required for the Department of Transpor- 9 tation to adopt best practices. 10 SEC. 1405. FISCAL CONSTRAINT ON LONG-RANGE TRANS- 11 PORTATION PLANS. 12 Not later than 1 year after the date of enactment of 13 this Act, the Secretary shall amend section 14 450.324(f)(11)(v) of title 23, Code of Federal Regulations, 15 to ensure that the outer years of a metropolitan transpor- 16 tation plan are defined as ‘‘beyond the first 4 years’’. 17 Subtitle E—Federal Lands, Tribes, 18 and Territories 19 SEC. 1501. TERRITORIAL AND PUERTO RICO HIGHWAY PRO- 20 GRAM. 21 (a) IN GENERAL.—Section 165 of title 23, United 22 States Code, is amended— 23 (1) by striking subsection (a) and inserting the 24 following: 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00554 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 555 •HR 3684 RH ‘‘(a) ANNUAL ALLOCATION.—For the Puerto Rico and 1 territorial highway program, there shall be made avail- 2 able— 3 ‘‘(1) $340,000,000 for the Puerto Rico highway 4 program under subsection (b) for each of fiscal years 5 2023 through 2026; and 6 ‘‘(2) for the territorial highway program under 7 subsection (c)— 8 ‘‘(A) $113,044,097 for fiscal year 2023; 9 ‘‘(B) $114,961,294 for fiscal year 2024; 10 ‘‘(C) $117,190,719 for fiscal year 2025; and 11 ‘‘(D) $119,237,332 for fiscal year 2026.’’; 12 (2) in subsection (b)(2) by adding at the end the 13 following: 14 ‘‘(D) TRANSFERABILITY.—Of the amounts 15 described in clauses (i) and (ii) of subparagraph 16 (C) for the Puerto Rico highway program, Puer- 17 to Rico may transfer not to exceed 50 percent in 18 a fiscal year of such amounts for activities de- 19 scribed in clause (iii) of such subparagraph.’’. 20 (3) in subsection (c)(6)(A)— 21 (A) by redesignating clauses (iv), (v), (vi), 22 and (vii) as clauses (v), (vi), (vii), and (viii), re- 23 spectively; and 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00555 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 556 •HR 3684 RH (B) by inserting after clause (iii) the fol- 1 lowing: 2 ‘‘(iv) Ferry boats and terminal facili- 3 ties that are privately or majority privately 4 owned, in accordance with paragraphs (1), 5 (2), (4), (5), (6), and (7) of section 129(c), 6 that provide a substantial public benefit.’’; 7 and 8 (4) by adding at the end the following: 9 ‘‘(d) PARTICIPATION OF TERRITORIES IN DISCRE- 10 TIONARY PROGRAMS.—For any program in which the Sec- 11 retary may allocate funds out of the Highway Trust Fund 12 (other than the Mass Transit Account) to a State at the 13 discretion of the Secretary, the Secretary may allocate funds 14 to one or more territory for any project or activity that 15 otherwise would be eligible under such program if such 16 project or activity was being carried out in a State.’’. 17 (b) ACCESS AND DEVELOPMENT ROADS.—Section 18 118(d) of title 23, United States Code, is amended by strik- 19 ing ‘‘and the Commonwealth of Puerto Rico’’ and inserting 20 ‘‘, the Commonwealth of Puerto Rico, and any other terri- 21 tory of the United States’’. 22 SEC. 1502. TRIBAL TRANSPORTATION PROGRAM. 23 Section 202 of title 23, United States Code, is amend- 24 ed— 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00556 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 557 •HR 3684 RH (1) in subsection (d)— 1 (A) in paragraph (1) by striking ‘‘improv- 2 ing deficient’’ and inserting ‘‘the construction 3 and reconstruction of’’; 4 (B) in paragraph (2)— 5 (i) in subparagraph (A) by inserting 6 ‘‘construct,’’ after ‘‘project to’’; and 7 (ii) in subparagraph (B)— 8 (I) by striking ‘‘deficient’’; and 9 (II) by inserting ‘‘in poor condi- 10 tion’’ after ‘‘facility bridges’’; and 11 (C) in paragraph (3)— 12 (i) in the heading by striking ‘‘ELIGI- 13 BLE BRIDGES’’ and inserting ‘‘ELIGIBILITY 14 FOR EXISTING BRIDGES’’; 15 (ii) by striking ‘‘a bridge’’ and insert- 16 ing ‘‘an existing bridge’’; and 17 (iii) in subparagraph (C) by striking 18 ‘‘structurally deficient or functionally obso- 19 lete’’ and inserting ‘‘in poor condition’’; 20 and 21 (2) in subsection (e) by striking ‘‘for eligible 22 projects described in section 148(a)(4).’’ and inserting 23 the following: ‘‘for— 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00557 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 558 •HR 3684 RH ‘‘(A) eligible projects described in section 1 148(a)(4); 2 ‘‘(B) projects to promote public awareness 3 and education concerning highway safety mat- 4 ters (including bicycle, all-terrain, motorcyclist, 5 and pedestrian safety); or 6 ‘‘(C) projects to enforce highway safety 7 laws.’’. 8 SEC. 1503. TRIBAL HIGH PRIORITY PROJECTS PROGRAM. 9 (a) TRIBAL TRANSPORTATION PROGRAM.—Section 202 10 of title 23, United States Code, is amended— 11 (1) by redesignating subsection (f) as subsection 12 (g); and 13 (2) by inserting after subsection (e) the following: 14 ‘‘(f) TRIBAL HIGH PRIORITY PROJECTS PROGRAM.— 15 Before making any distribution under subsection (b), the 16 Secretary shall set aside $50,000,000 from the funds made 17 available under the tribal transportation program for each 18 fiscal year to carry out the Tribal High Priority Projects 19 program under section 1123 of MAP–21 (23 U.S.C. 202 20 note).’’. 21 (b) TRIBAL HIGH PRIORITY PROJECTS PROGRAM.— 22 Section 1123 of MAP–21 (23 U.S.C. 202 note) is amend- 23 ed— 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00558 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 559 •HR 3684 RH (1) in subsection (a)(1)(C) by striking ‘‘required 1 by that section’’ and inserting ‘‘required under such 2 program’’; 3 (2) in subsection (b)(1) by striking ‘‘use amounts 4 made available under subsection (h) to’’; 5 (3) in subsection (d)— 6 (A) in paragraph (2) by inserting ‘‘, in 7 consultation with the Secretary of the Interior,’’ 8 after ‘‘The Secretary’’; and 9 (B) in paragraph (3) by striking ‘‘of the In- 10 terior’’ each place it appears; 11 (4) in subsection (f) by striking ‘‘$1,000,000’’ 12 and inserting ‘‘$5,000,000’’; 13 (5) in subsection (g) by striking ‘‘and the Sec- 14 retary’’ and inserting ‘‘or the Secretary’’; and 15 (6) by striking subsection (h) and inserting the 16 following: 17 ‘‘(h) ADMINISTRATION.—The funds made available to 18 carry out this section shall be administered in the same 19 manner as funds made available for the Tribal transpor- 20 tation program under section 202 of title 23, United States 21 Code.’’. 22 SEC. 1504. FEDERAL LANDS TRANSPORTATION PROGRAM. 23 (a) IN GENERAL.—Section 203(a) of title 23, United 24 States Code, is amended by adding at the end the following: 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00559 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 560 •HR 3684 RH ‘‘(6) TRANSFER FOR HIGH-COMMUTER COR- 1 RIDORS.— 2 ‘‘(A) REQUEST.—If the head of a covered 3 agency determines that a high-commuter cor- 4 ridor requires additional investment, based on 5 the criteria described in subparagraph (D), the 6 head of a covered agency, with respect to such 7 corridor, shall submit to the State— 8 ‘‘(i) information on condition of pave- 9 ments and bridges; 10 ‘‘(ii) an estimate of the amounts need- 11 ed to bring such corridor into a state of 12 good repair, taking into consideration any 13 planned future investments; and 14 ‘‘(iii) at the discretion of the head of a 15 covered agency, a request that the State 16 transfer to the covered agency, under the 17 authority of section 132 or section 204, or 18 to the Federal Highway Administration, 19 under the authority of section 104, a por- 20 tion of such amounts necessary to address 21 the condition of the corridor. 22 ‘‘(B) STATE RESPONSE.—Not later than 45 23 days after the date of receipt of the request de- 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00560 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 561 •HR 3684 RH scribed in subparagraph (A)(iii), the State 1 shall— 2 ‘‘(i) approve the request; 3 ‘‘(ii) deny the request and explain the 4 reasons for such denial; or 5 ‘‘(iii) request any additional informa- 6 tion necessary to take action on the request. 7 ‘‘(C) NOTIFICATION TO THE SECRETARY.— 8 The head of a covered agency shall provide to the 9 Secretary a copy of any request described under 10 subparagraph (A)(iii) and response described 11 under subparagraph (B). 12 ‘‘(D) CRITERIA.—In making a determina- 13 tion under subparagraph (A), the head of a cov- 14 ered agency, with respect to the corridor, shall 15 consider— 16 ‘‘(i) the condition of roads, bridges, 17 and tunnels; and 18 ‘‘(ii) the average annual daily traffic. 19 ‘‘(E) DEFINITIONS.—In this paragraph: 20 ‘‘(i) COVERED AGENCY.—The term 21 ‘covered agency’ means a Federal agency el- 22 igible to receive funds under this section, 23 section 203, or section 204, including the 24 Army Corps of Engineers, Bureau of Rec- 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00561 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 562 •HR 3684 RH lamation, and the Bureau of Land Manage- 1 ment. 2 ‘‘(ii) HIGH-COMMUTER CORRIDOR.— 3 The term ‘high-commuter corridor’ means a 4 Federal lands transportation facility that 5 has an average annual daily traffic of not 6 less than 20,000 vehicles.’’. 7 (b) GAO STUDY REGARDING NPS MAINTENANCE.— 8 (1) STUDY.—The Comptroller General of the 9 United States shall study the National Park Service 10 maintenance prioritization of Federal lands transpor- 11 tation facilities. 12 (2) CONTENTS.—At minimum, the study under 13 paragraph (1) shall examine— 14 (A) general administrative maintenance of 15 the National Park Service; 16 (B) how the National Park Service cur- 17 rently prioritizes maintenance of Federal facili- 18 ties covered under the Federal Lands Transpor- 19 tation Program; 20 (C) what kind of maintenance the National 21 Parkway Service is performing; 22 (D) to what degree does the National Park 23 Service prioritize high-commuter corridors; and 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00562 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 563 •HR 3684 RH (E) how the National Park Service can bet- 1 ter service the needs of high commuter corridors. 2 (3) REPORT.—Not later than 1 year after the 3 date of enactment of this Act, the Comptroller General 4 shall submit to the Committee on Transportation and 5 Infrastructure of the House of Representatives and the 6 Committee on Environment and Public Works of the 7 Senate a report summarizing the study and the re- 8 sults of such study, including recommendations for 9 addressing the maintenance needs and prioritization 10 of high-commuter corridors. 11 (4) DEFINITION OF HIGH-COMMUTER COR- 12 RIDOR.—In this section, the term ‘‘high-commuter 13 corridor’’ means a Federal lands transportation facil- 14 ity that has average annual daily traffic of not less 15 than 20,000 vehicles. 16 SEC. 1505. FEDERAL LANDS AND TRIBAL MAJOR PROJECTS 17 PROGRAM. 18 (a) IN GENERAL.—Chapter 2 of title 23, United States 19 Code, is amended by inserting after section 207 the fol- 20 lowing: 21 ‘‘§ 208. Federal lands and Tribal major projects pro- 22 gram 23 ‘‘(a) ESTABLISHMENT.—The Secretary shall establish 24 a Federal lands and Tribal major projects program (re- 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00563 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 564 •HR 3684 RH ferred to in this section as the ‘program’) to provide funding 1 to construct, reconstruct, or rehabilitate critical Federal 2 lands and Tribal transportation infrastructure. 3 ‘‘(b) ELIGIBLE APPLICANTS.— 4 ‘‘(1) IN GENERAL.—Except as provided in para- 5 graph (2), entities eligible to receive funds under sec- 6 tions 201, 202, 203, and 204 may apply for funding 7 under the program. 8 ‘‘(2) SPECIAL RULE.—A State, county, or unit of 9 local government may only apply for funding under 10 the program if sponsored by an eligible Federal agen- 11 cy or Indian Tribe. 12 ‘‘(c) ELIGIBLE PROJECTS.—An eligible project under 13 the program shall be on a Federal lands transportation fa- 14 cility, a Federal lands access transportation facility, or a 15 tribal transportation facility, except that such facility is 16 not required to be included in an inventory described in 17 section 202 or 203, and for which— 18 ‘‘(1) the project— 19 ‘‘(A) has completed the activities required 20 under the National Environmental Policy Act of 21 1969 (42 U.S.C. 4321 et seq.) which has been 22 demonstrated through— 23 ‘‘(i) a record of decision with respect to 24 the project; 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00564 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 565 •HR 3684 RH ‘‘(ii) a finding that the project has no 1 significant impact; or 2 ‘‘(iii) a determination that the project 3 is categorically excluded; or 4 ‘‘(B) is reasonably expected to begin con- 5 struction not later than 18 months after the date 6 of obligation of funds for the project; and 7 ‘‘(2) the project has an estimated cost equal to or 8 exceeding— 9 ‘‘(A) $12,500,000 if it is on a Federal lands 10 transportation facility or a Federal lands access 11 transportation facility; and 12 ‘‘(B) $5,000,000 if it is on a Tribal trans- 13 portation facility. 14 ‘‘(d) ELIGIBLE ACTIVITIES.—Grant amounts received 15 for a project under this section may be used for— 16 ‘‘(1) development phase activities, including 17 planning, feasibility analysis, revenue forecasting, en- 18 vironmental review, preliminary engineering and de- 19 sign work, and other preconstruction activities; and 20 ‘‘(2) construction, reconstruction, and rehabilita- 21 tion activities. 22 ‘‘(e) APPLICATIONS.—Eligible applicants shall submit 23 to the Secretary an application at such time, in such form, 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00565 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 566 •HR 3684 RH and containing such information as the Secretary may re- 1 quire. 2 ‘‘(f) PROJECT REQUIREMENTS.—The Secretary may 3 select a project to receive funds under the program only if 4 the Secretary determines that the project— 5 ‘‘(1) improves the condition of critical transpor- 6 tation facilities, including multimodal facilities; 7 ‘‘(2) cannot be easily and efficiently completed 8 with amounts made available under section 202, 203, 9 or 204; and 10 ‘‘(3) is cost effective. 11 ‘‘(g) MERIT CRITERIA.—In making a grant under this 12 section, the Secretary shall consider whether the project— 13 ‘‘(1) will generate state of good repair, resilience, 14 economic competitiveness, quality of life, mobility, or 15 safety benefits; 16 ‘‘(2) in the case of a project on a Federal lands 17 transportation facility or a Federal lands access 18 transportation facility, has costs matched by funds 19 that are not provided under this section or this title; 20 and 21 ‘‘(3) generates benefits for land owned by mul- 22 tiple Federal land management agencies or Indian 23 Tribes, or which spans multiple States. 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00566 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 567 •HR 3684 RH ‘‘(h) EVALUATION AND RATING.—To evaluate applica- 1 tions, the Secretary shall— 2 ‘‘(1) determine whether a project meets the re- 3 quirements under subsection (f); 4 ‘‘(2) evaluate, through a discernable and trans- 5 parent methodology, how each application addresses 6 one or more merit criteria established under sub- 7 section (g); 8 ‘‘(3) assign a rating for each merit criteria for 9 each application; and 10 ‘‘(4) consider applications only on the basis of 11 such quality ratings and which meet the minimally 12 acceptable level for each of the merit criteria. 13 ‘‘(i) COST SHARE.— 14 ‘‘(1) FEDERAL LANDS PROJECTS.— 15 ‘‘(A) IN GENERAL.—Notwithstanding sec- 16 tion 120, the Federal share of the cost of a 17 project on a Federal lands transportation facil- 18 ity or a Federal lands access transportation fa- 19 cility shall be up to 90 percent. 20 ‘‘(B) NON-FEDERAL SHARE.—Notwith- 21 standing any other provision of law, any Federal 22 funds may be used to pay the non-Federal share 23 of the cost of a project carried out under this sec- 24 tion. 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00567 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 568 •HR 3684 RH ‘‘(2) TRIBAL PROJECTS.—The Federal share of 1 the cost of a project on a Tribal transportation facil- 2 ity shall be 100 percent. 3 ‘‘(j) USE OF FUNDS.—For each fiscal year, of the 4 amounts made available to carry out this section, not more 5 than 50 percent shall be used for eligible projects on Federal 6 lands transportation facilities or Federal lands access 7 transportation facilities and Tribal transportation facili- 8 ties, respectively.’’. 9 (b) CLERICAL AMENDMENT.—The analysis for chapter 10 2 of title 23, United States Code, is amended by inserting 11 after the item relating to section 207 the following new item: 12 ‘‘208. Federal lands and Tribal major projects program.’’. (c) REPEAL.—Section 1123 of the FAST Act (23 13 U.S.C. 201 note), and the item related to such section in 14 the table of contents under section 1(b) of such Act, are re- 15 pealed. 16 SEC. 1506. OFFICE OF TRIBAL GOVERNMENT AFFAIRS. 17 Section 102 of title 49, United States Code, is amend- 18 ed— 19 (1) in subsection (e)(1)— 20 (A) by striking ‘‘6 Assistant’’ and inserting 21 ‘‘7 Assistant’’; 22 (B) in subparagraph (C) by striking ‘‘; 23 and’’ and inserting a semicolon; 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00568 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 569 •HR 3684 RH (C) by redesignating subparagraph (D) as 1 subparagraph (E); and 2 (D) by inserting after subparagraph (C) the 3 following: 4 ‘‘(D) an Assistant Secretary for Tribal Gov- 5 ernment Affairs, who shall be appointed by the 6 President; and’’; and 7 (2) in subsection (f)— 8 (A) in the heading by striking ‘‘DEPUTY 9 ASSISTANT SECRETARY FOR TRIBAL GOVERN- 10 MENT AFFAIRS’’ and inserting ‘‘OFFICE OF 11 TRIBAL GOVERNMENT AFFAIRS’’; and 12 (B) by striking paragraph (1) and inserting 13 the following: 14 ‘‘(1) ESTABLISHMENT.—There is established in 15 the Department an Office of Tribal Government Af- 16 fairs, under the Assistant Secretary for Tribal Gov- 17 ernment Affairs, to— 18 ‘‘(A) oversee the Tribal transportation self- 19 governance program under section 207 of title 20 23; 21 ‘‘(B) plan, coordinate, and implement poli- 22 cies and programs serving Indian Tribes and 23 Tribal organizations; 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00569 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 570 •HR 3684 RH ‘‘(C) coordinate Tribal transportation pro- 1 grams and activities in all offices and adminis- 2 trations of the Department; 3 ‘‘(D) provide technical assistance to Indian 4 Tribes and Tribal organizations; 5 ‘‘(E) be a participant in any negotiated 6 rulemakings relating to, or having an impact on, 7 projects, programs, or funding associated with 8 the tribal transportation program under section 9 202 of title 23; and 10 ‘‘(F) ensure that Department programs have 11 in place, implement, and enforce requirements 12 and obligations for regular and meaningful con- 13 sultation and collaboration with Tribes and 14 Tribal officials under Executive Order No. 13175 15 and to serve as the primary advisor to the Sec- 16 retary and other Department components regard- 17 ing violations of those requirements.’’. 18 SEC. 1507. ALTERNATIVE CONTRACTING METHODS. 19 (a) LAND MANAGEMENT AGENCIES AND TRIBAL GOV- 20 ERNMENTS.—Section 201 of title 23, United States Code, 21 is amended by adding at the end the following: 22 ‘‘(f) ALTERNATIVE CONTRACTING METHODS.— 23 ‘‘(1) IN GENERAL.—Notwithstanding any other 24 provision of law, the Secretary may use a contracting 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00570 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 571 •HR 3684 RH method available to a State under this title on behalf 1 of— 2 ‘‘(A) a Federal land management agency, 3 with respect to any funds available pursuant to 4 section 203 or 204; 5 ‘‘(B) a Federal land management agency, 6 with respect to any funds available pursuant to 7 section 1535 of title 31 for any eligible use de- 8 scribed in sections 203(a)(1) and 204(a)(1) of 9 this title; or 10 ‘‘(C) a Tribal Government, with respect to 11 any funds available pursuant to section 12 202(b)(7)(D). 13 ‘‘(2) METHODS DESCRIBED.—The contracting 14 methods referred to in paragraph (1) shall include, at 15 a minimum— 16 ‘‘(A) project bundling; 17 ‘‘(B) bridge bundling; 18 ‘‘(C) design-build contracting; 19 ‘‘(D) 2-phase contracting; 20 ‘‘(E) long-term concession agreements; and 21 ‘‘(F) any method tested, or that could be 22 tested, under an experimental program relating 23 to contracting methods carried out by the Sec- 24 retary. 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00571 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 572 •HR 3684 RH ‘‘(3) RULE OF CONSTRUCTION.—Nothing in this 1 subsection— 2 ‘‘(A) affects the application of the Federal 3 share for a project carried out with a contracting 4 method under this subsection; or 5 ‘‘(B) modifies the point of obligation of Fed- 6 eral salaries and expenses.’’. 7 (b) USE OF ALTERNATIVE CONTRACTING METHOD.— 8 In carrying out the amendments made by this section, the 9 Secretary shall— 10 (1) in consultation with the applicable Federal 11 land management agencies, establish procedures that 12 are— 13 (A) applicable to each alternative con- 14 tracting method; and 15 (B) to the maximum extent practicable, 16 consistent with requirements for Federal procure- 17 ment transactions; 18 (2) solicit input on the use of each alternative 19 contracting method from any affected industry prior 20 to using such method; and 21 (3) analyze and prepare an evaluation of the use 22 of each alternative contracting method. 23 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00572 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 573 •HR 3684 RH SEC. 1508. DIVESTITURE OF FEDERALLY OWNED BRIDGES. 1 (a) IN GENERAL.—The Commissioner of the Bureau 2 of Reclamation may transfer ownership of a bridge that is 3 owned by the Bureau of Reclamation if— 4 (1) the ownership of the bridge is transferred to 5 a State with the concurrence of such State; 6 (2) the State to which ownership is transferred 7 agrees to operate and maintain the bridge; 8 (3) the transfer of ownership complies with all 9 applicable Federal requirements, including— 10 (A) section 138 of title 23, United States 11 Code; 12 (B) section 306108 of title 54, United States 13 Code; and 14 (C) the National Environmental Policy Act 15 of 1969 (42 U.S.C. 4321 et seq.); and 16 (4) the Bureau of Reclamation and the State to 17 which ownership is being transferred jointly notify 18 the Secretary of Transportation of the intent to con- 19 duct a transfer prior to such transfer. 20 (b) ACCESS.—In a transfer of ownership of a bridge 21 under this section, the Commissioner of the Bureau of Rec- 22 lamation— 23 (1) shall not be required to transfer ownership of 24 the land on which the bridge is located or any adja- 25 cent lands; and 26 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00573 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 574 •HR 3684 RH (2) shall make arrangements with the State to 1 which ownership is being transferred to allow for ade- 2 quate access to such bridge, including for the purposes 3 of construction, maintenance, and bridge inspections 4 pursuant to section 144 of title 23, United States 5 Code. 6 SEC. 1509. STUDY ON FEDERAL FUNDING AVAILABLE TO IN- 7 DIAN TRIBES. 8 Not later than January 31 of each year, the Secretary 9 of Transportation shall submit to the Committee on Trans- 10 portation and Infrastructure of the House of Representa- 11 tives and the Committee on Environment and Public Works 12 of the Senate a report that— 13 (1) identifies the number of Indian Tribes that 14 were direct recipients of funds under any discre- 15 tionary Federal highway, transit, or highway safety 16 program in the prior fiscal year; 17 (2) lists the total amount of such funds made 18 available directly to such Tribes; 19 (3) identifies the number and location of Indian 20 Tribes that were indirect recipients of funds under 21 any formula-based Federal highway, transit, or high- 22 way safety program in the prior fiscal year; and 23 (4) lists the total amount of such funds made 24 available indirectly to such tribes through states or 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00574 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 575 •HR 3684 RH other direct recipients of Federal highway, transit or 1 highway safety funding. 2 SEC. 1510. GAO STUDY. 3 (a) IN GENERAL.—The Comptroller General of the 4 United States shall conduct a study on the deferred mainte- 5 nance of United States forest roads, including— 6 (1) the current backlog; 7 (2) the current actions on such maintenance and 8 backlog; 9 (3) the impacts of public safety due to such de- 10 ferred maintenance; and 11 (4) recommendations for Congress on ways to 12 address such backlog. 13 (b) REPORT.—Not later than 1 year after the date of 14 enactment of this Act, the Comptroller General of the United 15 States shall submit to the Committee on Transportation 16 and Infrastructure of the House of Representatives and the 17 Committee on Environment and Public Works of the Senate 18 a report containing the results of the study conducted under 19 subsection (a). 20 SEC. 1511. FEDERAL LANDS ACCESS PROGRAM. 21 Section 204(a) of title 23, United States Code, is 22 amended— 23 (1) in paragraph (1)(A)— 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00575 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 576 •HR 3684 RH (A) in the matter preceding clause (i), by 1 inserting ‘‘context-sensitive solutions,’’ after ‘‘res- 2 toration,’’; 3 (B) in clause (i), by inserting ‘‘, including 4 interpretive panels in or adjacent to those areas’’ 5 after ‘‘areas’’; 6 (C) in clause (v), by striking ‘‘and’’ at the 7 end; 8 (D) by redesignating clause (vi) as clause 9 (ix); and 10 (E) by inserting after clause (v) the fol- 11 lowing: 12 ‘‘(vi) contextual wayfinding markers; 13 ‘‘(vii) landscaping; 14 ‘‘(viii) cooperative mitigation of visual 15 blight, including screening or removal; 16 and’’; and 17 (2) by adding at the end the following: 18 ‘‘(6) NATIVE PLANT MATERIALS.—In carrying 19 out an activity described in paragraph (1), the Sec- 20 retary shall ensure that the entity carrying out the 21 activity considers— 22 ‘‘(A) the use of locally adapted native plant 23 materials; and 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00576 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 577 •HR 3684 RH ‘‘(B) designs that minimize runoff and heat 1 generation.’’. 2 Subtitle F—Additional Provisions 3 SEC. 1601. VISION ZERO. 4 (a) IN GENERAL.—A local government, metropolitan 5 planning organization, or regional transportation planning 6 organization may develop and implement a vision zero 7 plan to significantly reduce or eliminate transportation-re- 8 lated fatalities and serious injuries within a specified time- 9 frame, not to exceed 20 years. 10 (b) USE OF FUNDS.—Amounts apportioned to a State 11 under paragraph (2) or (3) of section 104(b) of title 23, 12 United States Code, may be used— 13 (1) to carry out vision zero planning under this 14 section or a vulnerable road user safety assessment; 15 and 16 (2) to implement an existing vision zero plan. 17 (c) CONTENTS OF PLAN.—A vision zero plan under 18 this section shall include— 19 (1) a description of programs, strategies, or poli- 20 cies intended to significantly reduce or eliminate 21 transportation-related fatalities and serious injuries 22 within a specified timeframe, not to exceed 20 years, 23 that is consistent with a State strategic highway safe- 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00577 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 578 •HR 3684 RH ty plan and uses existing transportation data and 1 consideration of risk factors; 2 (2) plans for implementation of, education of the 3 public about, and enforcement of such programs, 4 strategies, or policies; 5 (3) a description of how such programs, strate- 6 gies, or policies, and the enforcement of such pro- 7 grams, strategies, or policies will— 8 (A) equitably invest in the safety needs of 9 low-income and minority communities; 10 (B) ensure that such communities are not 11 disproportionately targeted by law enforcement; 12 and 13 (C) protect the rights of members of such 14 communities with respect to title VI of the Civil 15 Rights Act of 1964 (42 U.S.C. 2000d et seq.); 16 and 17 (4) a description of a mechanism to evaluate 18 progress of the development and implementation of 19 the plan, including the gathering and use of transpor- 20 tation safety and demographic data. 21 (d) INCLUSIONS.—A vision zero plan may include a 22 complete streets prioritization plan that identifies a specific 23 list of projects to— 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00578 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 579 •HR 3684 RH (1) create a connected network of active trans- 1 portation facilities, including sidewalks, bikeways, or 2 pedestrian and bicycle trails, to connect communities 3 and provide safe, reliable, affordable, and convenient 4 access to employment, housing, and services, con- 5 sistent with the goals described in section 150(b) of 6 title 23, United States Code; 7 (2) integrate active transportation facilities with 8 public transportation service or improve access to 9 public transportation; and 10 (3) improve transportation options for low-in- 11 come and minority communities. 12 (e) COORDINATION.—A vision zero plan under this sec- 13 tion shall provide for coordination of various subdivisions 14 of a unit of local government in the implementation of the 15 plan, including subdivisions responsible for law enforce- 16 ment, public health, data collection, and public works. 17 (f) SAFETY PERFORMANCE MANAGEMENT.—A vision 18 zero plan under this section is not sufficient to demonstrate 19 compliance with the safety performance or planning re- 20 quirements of section 148 or 150 of title 23, United States 21 Code. 22 (g) GUIDANCE ON SAFE SYSTEM APPROACH.—The 23 Secretary of Transportation shall develop guidance on the 24 consideration of a safe system approach in project plan- 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00579 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 580 •HR 3684 RH ning, scoping, and design to facilitate the implementation 1 of vision zero plans under this section and vulnerable road 2 user assessments under section 148 of title 23, United States 3 Code. 4 (h) DEFINITIONS.—In this section, the terms ‘‘safe sys- 5 tem approach’’ and ‘‘vulnerable road user safety assess- 6 ment’’ have the meanings given such terms in section 148 7 of title 23, United States Code. 8 SEC. 1602. SPEED LIMITS. 9 (a) SPEED LIMITS.—The Secretary of Transportation 10 shall revise the Manual on Uniform Traffic Control Devices 11 to provide for a safe system approach to setting speed lim- 12 its, consistent with the safety recommendations issued by 13 the National Transportation Safety Board on August 15, 14 2017, numbered H–17–27 and H–17–028. 15 (b) CONSIDERATIONS.—In carrying out subparagraph 16 (A), the Secretary shall consider— 17 (1) crash statistics; 18 (2) road geometry characteristics; 19 (3) roadside characteristics; 20 (4) traffic volume; 21 (5) the possibility and likelihood of human error; 22 (6) human injury tolerance; 23 (7) the prevalence of vulnerable road users; and 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00580 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 581 •HR 3684 RH (8) any other consideration, consistent with a 1 safe system approach, as determined by the Secretary. 2 (c) REPORT ON SPEED MANAGEMENT PROGRAM 3 PLAN.—Not later than 1 year after the date of enactment 4 of this Act, the Secretary shall update and report on the 5 implementation progress of the Speed Management Pro- 6 gram Plan of the Department of Transportation, as de- 7 scribed in the safety recommendation issued by the National 8 Transportation Safety Board on August 15, 2017, num- 9 bered H–17–018. 10 (d) DEFINITIONS.—In this section, the terms ‘‘safe sys- 11 tem approach’’ and ‘‘vulnerable road user’’ have the mean- 12 ings given such terms in section 148(a) of title 23, United 13 States Code. 14 SEC. 1603. DIG ONCE FOR BROADBAND INFRASTRUCTURE 15 DEPLOYMENT. 16 (a) DEFINITIONS.—In this section: 17 (1) APPROPRIATE STATE AGENCY.—The term 18 ‘‘appropriate State agency’’ means a State govern- 19 mental agency that is recognized by the executive 20 branch of the State as having the experience necessary 21 to evaluate and facilitate the installation and oper- 22 ation of broadband infrastructure within the State. 23 (2) BROADBAND.—The term ‘‘broadband’’ has 24 the meaning given the term ‘‘advanced telecommuni- 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00581 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 582 •HR 3684 RH cations capability’’ in section 706 of the Tele- 1 communications Act of 1996 (47 U.S.C. 1302). 2 (3) BROADBAND CONDUIT.—The term 3 ‘‘broadband conduit’’ means a conduit or innerduct 4 for fiber optic cables (or successor technology of great- 5 er quality and speed) that supports the provision of 6 broadband. 7 (4) BROADBAND INFRASTRUCTURE.—The term 8 ‘‘broadband infrastructure’’ means any buried or un- 9 derground facility and any wireless or wireline con- 10 nection that enables the provision of broadband. 11 (5) BROADBAND PROVIDER.—The term 12 ‘‘broadband provider’’ means an entity that provides 13 broadband to any person, including, with respect to 14 such entity— 15 (A) a corporation, company, association, 16 firm, partnership, nonprofit organization, or 17 any other private entity; 18 (B) a State or local broadband provider; 19 (C) an Indian Tribe; and 20 (D) a partnership between any of the enti- 21 ties described in subparagraphs (A), (B), and 22 (C). 23 (6) COVERED HIGHWAY CONSTRUCTION 24 PROJECT.— 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00582 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 583 •HR 3684 RH (A) IN GENERAL.—The term ‘‘covered high- 1 way construction project’’ means, without regard 2 to ownership of a highway, a project funded 3 under title 23, United States Code, and adminis- 4 tered by a State department of transportation to 5 construct a new highway or an additional lane 6 for an existing highway, to reconstruct an exist- 7 ing highway, or new construction, including con- 8 struction of a paved shoulder. 9 (B) EXCLUSIONS.—The term ‘‘covered high- 10 way construction project’’ excludes any project— 11 (i) awarded before the date on which 12 regulations required under subsection (b) 13 take effect; 14 (ii) that does not include work beyond 15 the edge of pavement or current paved 16 shoulder; 17 (iii) that is less than a mile in length; 18 or 19 (iv) that is— 20 (I) a project primarily for resur- 21 facing, restoration, rehabilitation, or 22 maintenance; 23 (II) a bicycle, pedestrian, trans- 24 portation alternatives, sidewalk, rec- 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00583 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 584 •HR 3684 RH reational trails, or safe routes to school 1 project; 2 (III) an operational improvement 3 (as such term is defined in section 101 4 of title 23, United States Code); 5 (IV) a project primarily to install 6 signage; or 7 (V) a culvert project. 8 (7) DIG ONCE REQUIREMENT.—The term ‘‘dig 9 once requirement’’ means a requirement designed to 10 reduce the cost and accelerate the deployment of 11 broadband by minimizing the number and scale of re- 12 peated excavations for the installation and mainte- 13 nance of broadband conduit or broadband infrastruc- 14 ture in rights-of-way. 15 (8) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 16 has the meaning given such term in section 4(e) of the 17 Indian Self-Determination and Education Assistance 18 Act (25 U.S.C. 5304(e)). 19 (9) NTIA ADMINISTRATOR.—The term ‘‘NTIA 20 Administrator’’ means the Assistant Secretary of 21 Commerce for Communications and Information. 22 (10) PROJECT.—The term ‘‘project’’ has the 23 meaning given such term in section 101 of title 23, 24 United States Code. 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00584 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 585 •HR 3684 RH (11) SECRETARY.—The term ‘‘Secretary’’ means 1 the Secretary of Transportation. 2 (12) STATE.—The term ‘‘State’’ has the meaning 3 given such term in section 401 of title 23, United 4 States Code. 5 (13) STATE OR LOCAL BROADBAND PROVIDER.— 6 The term ‘‘State or local broadband provider’’ means 7 a State or political subdivision thereof, or any agen- 8 cy, authority, or instrumentality of a State or polit- 9 ical subdivision thereof, that provides broadband to 10 any person or facilitates the provision of broadband 11 to any person in such State. 12 (b) DIG ONCE REQUIREMENT.—Not later than 12 13 months after the date of enactment of this Act, to facilitate 14 the installation of broadband infrastructure, the Secretary 15 shall issue such regulations as may be necessary to ensure 16 that each State that receives funds under chapter 1 of title 17 23, United States Code, complies with the following provi- 18 sions: 19 (1) BROADBAND PLANNING AND NOTICE.—The 20 State department of transportation, in consultation 21 with appropriate State agencies, shall— 22 (A) review existing State broadband plans, 23 including existing dig once requirements of the 24 State, municipal governments incorporated 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00585 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 586 •HR 3684 RH under State law, and Indian tribes within the 1 State, to determine opportunities to coordinate 2 covered highway construction projects occurring 3 within or across highway rights-of-way with 4 planned broadband infrastructure projects; 5 (B) identify a broadband coordinator, who 6 may have additional responsibilities in the State 7 department of transportation or in another State 8 agency, that is responsible for facilitating the 9 broadband infrastructure right-of-way efforts 10 within the State; and 11 (C) establish a process— 12 (i) for the registration of broadband 13 providers that seek to be included in the ad- 14 vance notification of, and opportunity to 15 participate in, broadband infrastructure 16 right-of-way facilitation efforts within the 17 State; and 18 (ii) to electronically notify all 19 broadband providers registered under clause 20 (i)— 21 (I) of the State transportation im- 22 provement program on at least an an- 23 nual basis; and 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00586 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 587 •HR 3684 RH (II) of covered highway construc- 1 tion projects within the highway right- 2 of-way for which Federal funding is 3 expected to be obligated in the subse- 4 quent fiscal year. 5 (2) COORDINATION AND COMPLIANCE.— 6 (A) MOBILE NOW ACT.—A State department 7 of transportation shall be considered to meet the 8 requirements of subparagraphs (B) and (C) of 9 paragraph (1) if such State department of trans- 10 portation has been determined to be in compli- 11 ance with the requirements established under sec- 12 tion 607 of division P of the Consolidated Ap- 13 propriations Act, 2018 (47 U.S.C. 1504). 14 (B) WEBSITE.—A State department of 15 transportation shall be considered to meet the re- 16 quirements of paragraph (1)(C) if the State pub- 17 lishes on a public website— 18 (i) the State transportation improve- 19 ment program on at least an annual basis; 20 and 21 (ii) covered highway construction 22 projects within the highway right-of-way for 23 which Federal funding is expected to be ob- 24 ligated in the subsequent fiscal year. 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00587 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 588 •HR 3684 RH (C) COORDINATION.—The State department 1 of transportation, in consultation with appro- 2 priate State agencies, shall by rule or regulation 3 establish a process for a broadband provider to 4 commit to installing broadband conduit or 5 broadband infrastructure as part of any covered 6 highway construction project. 7 (D) APPROPRIATE STATE AGENCY.—In lieu 8 of the State department of transportation, at the 9 discretion of the State, an appropriate State 10 agency, in consultation with the State depart- 11 ment of transportation, may carry out the re- 12 quirements of paragraph (1). 13 (3) REQUIRED INSTALLATION OF BROADBAND 14 CONDUIT.— 15 (A) IN GENERAL.—The State department of 16 transportation shall install broadband conduit, 17 in accordance with this paragraph (except as de- 18 scribed in subparagraph (F)), as part of any 19 covered highway construction project, unless a 20 broadband provider has committed to install 21 broadband conduit or broadband infrastructure 22 as part of such project in a process described 23 under paragraph (2)(C). 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00588 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 589 •HR 3684 RH (B) INSTALLATION REQUIREMENTS.—In in- 1 stalling broadband conduit or broadband infra- 2 structure as part of a covered highway construc- 3 tion project, the State department of transpor- 4 tation shall ensure that— 5 (i) installation pursuant to this para- 6 graph of broadband conduit, broadband in- 7 frastructure, and means or points of access 8 to such conduit or infrastructure (such as 9 poles, hand holes, manholes, pull tape, or 10 ducts) shall provide for the current and fu- 11 ture safe operation of the traveled way, is 12 consistent with part 645 of title 23, Code of 13 Federal Regulations, and any accommoda- 14 tion policies of the State under such part to 15 reasonably enable deployment of such con- 16 duit, infrastructure, and means or points of 17 access, and any Damage Prevention and 18 Underground Facilities Protection or re- 19 lated requirements of the State; 20 (ii) an appropriate number of 21 broadband conduits, as determined in con- 22 sultation with the appropriate State agen- 23 cies, are installed along the right-of-way of 24 a covered highway construction project to 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00589 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 590 •HR 3684 RH accommodate multiple broadband providers, 1 with consideration given to the availability 2 of existing broadband conduits; 3 (iii) the size of each broadband conduit 4 is consistent with industry best practices, 5 consistent with the requirements of part 645 6 of title 23, Code of Federal Regulations, and 7 sufficient to accommodate anticipated de- 8 mand, as determined in consultation with 9 the appropriate State agencies; 10 (iv) any hand holes and manholes nec- 11 essary for fiber access and pulling with re- 12 spect to such conduit are placed at intervals 13 consistent with standards determined in 14 consultation with the appropriate State 15 agencies (which may differ by type of road, 16 topologies, and rurality) the requirements of 17 part 645 of title 23, Code of Federal Regu- 18 lations, and other applicable safety require- 19 ments; 20 (v) each broadband conduit installed 21 pursuant to this paragraph includes a pull 22 tape and is capable of supporting fiber 23 optic cable placement techniques consistent 24 with best practices and the requirements of 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00590 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 591 •HR 3684 RH part 645 of title 23, Code of Federal Regu- 1 lations; 2 (vi) broadband conduit is placed at a 3 depth consistent with requirements of the 4 covered highway construction project and 5 best practices and that, in determining the 6 depth of placement, consideration is given 7 to the location of existing utilities and cable 8 separation requirements of State and local 9 electrical codes; and 10 (vii) installation of broadband conduit 11 shall not preclude the installation of other 12 specific socially, environmentally, or eco- 13 nomically beneficial uses of the right-of- 14 way, such as planned energy transmission 15 or renewable energy generation projects. 16 (C) PROGRAMMATIC REVIEW.—The State 17 department of transportation may make deter- 18 minations on the implementation of the require- 19 ments described in subparagraph (B) on a pro- 20 grammatic basis. 21 (D) ACCESS.— 22 (i) IN GENERAL.—The State depart- 23 ment of transportation shall ensure that 24 any requesting broadband provider has ac- 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00591 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 592 •HR 3684 RH cess to each broadband conduit installed by 1 the State pursuant to this paragraph, on a 2 competitively neutral and nondiscrim- 3 inatory basis and in accordance with State 4 permitting, licensing, leasing, or other simi- 5 lar laws and regulations. 6 (ii) SOCIALLY BENEFICIAL USE.—The 7 installation of broadband conduit as part of 8 a covered highway construction project shall 9 be considered a socially-beneficial use of the 10 right-of-way under section 156(b) of title 11 23, United States Code. 12 (iii) IN-KIND COMPENSATION.—The 13 State department of transportation may ne- 14 gotiate in-kind compensation with any 15 broadband provider requesting access to 16 broadband conduit installed under the pro- 17 visions of this paragraph. 18 (iv) SAFETY CONSIDERATIONS.—The 19 State department of transportation shall 20 provide for a process for a broadband pro- 21 vider to safely access to the highway right- 22 of-way during installation and on-going 23 maintenance of the broadband conduit and 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00592 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 593 •HR 3684 RH broadband infrastructure, including a traf- 1 fic control safety plan. 2 (v) COMMUNICATION.—A broadband 3 provider with access to the conduit installed 4 pursuant to this subsection shall notify, and 5 receive permission from, the relevant agen- 6 cies of State responsible for the installation 7 of such broadband conduit prior to access- 8 ing any highway or highway right-of-way, 9 in accordance with applicable Federal re- 10 quirements. 11 (E) TREATMENT OF PROJECTS.—Notwith- 12 standing any other provision of law, broadband 13 conduit and broadband infrastructure installa- 14 tion projects installed by a State under this 15 paragraph shall comply with section 113(a) of 16 title 23, United States Code. 17 (F) WAIVER AUTHORITY.— 18 (i) IN GENERAL.—A State department 19 of transportation may waive the required 20 installation of broadband conduit for part 21 or all of any covered highway construction 22 project under this paragraph if, in the de- 23 termination of the State department of 24 transportation— 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00593 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 594 •HR 3684 RH (I) broadband infrastructure, ter- 1 restrial broadband infrastructure, aer- 2 ial broadband fiber cables, or 3 broadband conduit is present near a 4 majority of the length of the covered 5 highway construction project; 6 (II) installation of terrestrial or 7 aerial broadband fiber cables associated 8 with the covered highway construction 9 project is more appropriate for the con- 10 text or a more cost-effective means to 11 facilitate broadband service to an area 12 not adequately served by broadband 13 and such installation is present or 14 planned; 15 (III) the installation of broadband 16 conduit increases overall costs of a cov- 17 ered highway construction project by 18 1.5 percent or greater; 19 (IV) the installation of broadband 20 conduit associated with the covered 21 highway construction project is not 22 reasonably expected to be utilized or 23 connected to future broadband infra- 24 structure in the 20 years following the 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00594 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 595 •HR 3684 RH date on which such determination is 1 made, as determined by the State de- 2 partment of transportation, in con- 3 sultation with appropriate State agen- 4 cies and potentially affected local gov- 5 ernments and Indian tribes; 6 (V) the requirements of this para- 7 graph would require installation of 8 conduit redundant with a dig once re- 9 quirement of a local government or In- 10 dian tribe; 11 (VI) there exists a circumstance 12 involving force majeure; or 13 (VII) the installation of conduit is 14 not appropriate based on other rel- 15 evant factors established by the Sec- 16 retary in consultation with the NTIA 17 Administrator through regulation. 18 (ii) CONTENTS OF WAIVER.—A waiver 19 authorized under this subparagraph shall— 20 (I) identify the covered highway 21 construction project; and 22 (II) include a brief description of 23 the determination of the State for 24 issuing such waiver. 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00595 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 596 •HR 3684 RH (iii) AVAILABILITY OF WAIVER.—Noti- 1 fication of a waiver authorized under this 2 subparagraph shall be made publicly avail- 3 able, such as on a public website of the 4 State department of transportation de- 5 scribed in paragraph (2)(B). 6 (iv) WAIVER DETERMINATION.— 7 (I) IN GENERAL.—The State de- 8 partment of transportation shall be re- 9 sponsible for the waiver determination 10 described under this paragraph, con- 11 sistent with the regulation issued pur- 12 suant to this subsection, and may 13 grant a programmatic waiver for cat- 14 egories of projects excluded under this 15 subparagraph. 16 (II) NO PRIVATE CAUSE OF AC- 17 TION.—The waiver determination de- 18 scribed under this paragraph shall be 19 final and conclusive. Nothing in this 20 section shall provide a private right or 21 cause of action to challenge such deter- 22 mination in any court of law. 23 (4) PRIORITY.—If a State provides for the in- 24 stallation of broadband infrastructure or broadband 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00596 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 597 •HR 3684 RH conduit in the right-of-way of a covered highway con- 1 struction project, the State department of transpor- 2 tation, along with appropriate State agencies, shall 3 carry out appropriate measures to ensure that an ex- 4 isting broadband provider is afforded access that is 5 non-discriminatory, competitively neutral, and equal 6 in opportunity, as compared to other broadband pro- 7 viders, with respect to the program under this sub- 8 section. 9 (c) GUIDANCE FOR THE INSTALLATION OF BROADBAND 10 CONDUIT.—The Secretary, in consultation with the NTIA 11 Administrator, shall issue guidance for best practices re- 12 lated to the installation of broadband conduit as described 13 in subsection (b)(2) and of conduit and similar infrastruc- 14 ture for intelligent transportation systems (as such term is 15 defined in section 501 of title 23, United States Code) that 16 may utilize broadband conduit installed pursuant to sub- 17 section (b)(2). 18 (d) CONSULTATION.— 19 (1) IN GENERAL.—In issuing regulations re- 20 quired by this subsection or to implement any part 21 of this section, the Secretary shall consult— 22 (A) the NTIA Administrator; 23 (B) the Federal Communications Commis- 24 sion; 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00597 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 598 •HR 3684 RH (C) State departments of transportation; 1 (D) appropriate State agencies; 2 (E) agencies of local governments respon- 3 sible for transportation and rights-of-way, utili- 4 ties, and telecommunications and broadband; 5 (F) Indian tribes; 6 (G) broadband providers; and 7 (H) manufacturers of optical fiber, conduit, 8 pull tape, and related items. 9 (2) BROADBAND USERS.—The Secretary shall en- 10 sure that the entities consulted under subparagraphs 11 (C) through (F) of paragraph (1) include entities that 12 have expertise with rural areas and populations with 13 limited access to broadband infrastructure. 14 (3) BROADBAND PROVIDERS.—The Secretary 15 shall ensure that the entities consulted under subpara- 16 graph (G) of paragraph (1) include entities that pro- 17 vide broadband to rural areas and populations with 18 limited access to broadband infrastructure. 19 (4) CONSULTING SMALL MUNICIPALITIES.—The 20 Secretary shall ensure that the agencies of local gov- 21 ernments consulted under subparagraph (E) of para- 22 graph (1) include rural areas, specifically agencies of 23 local governments with populations less than 50,000. 24 (e) OVERSIGHT.— 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00598 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 599 •HR 3684 RH (1) IN GENERAL.—The Secretary shall periodi- 1 cally review compliance with the regulations issued 2 pursuant to this section and ensure that State waiver 3 determinations are consistent with such regulations. 4 (2) EFFICIENT REVIEW.—The review described 5 under paragraph (1) may be carried out through the 6 risk-based stewardship and oversight program de- 7 scribed under section 106(g) of title 23, United States 8 Code. 9 (3) EFFECT OF SUBSECTION.—Nothing in this 10 subsection shall affect or discharge any oversight re- 11 sponsibility of the Secretary specifically provided for 12 under title 23, United States Code, or any other Fed- 13 eral law. 14 (f) ADDITIONAL PROVISIONS.— 15 (1) APPLICABILITY.— 16 (A) IN GENERAL.—The portion of the regu- 17 lation issued pursuant to subsection (b) relating 18 to the provisions under paragraph (3) of such 19 subsection shall not take effect until a source of 20 dedicated funding for the installation and long 21 term maintenance of broadband conduit de- 22 scribed in subsection (g)(2) is established. 23 (B) APPLICABILITY DATE.—Paragraphs (2) 24 through (4) of subsection (b) and subsection (d) 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00599 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 600 •HR 3684 RH shall apply only to covered highway construction 1 projects for which Federal obligations or expend- 2 itures are initially approved on or after the date 3 on which regulations required under this sub- 4 section take effect. 5 (2) RULES OF CONSTRUCTION.— 6 (A) STATE LAW.—Nothing in this sub- 7 section shall be construed to require a State to 8 install or allow the installation of broadband 9 conduit or broadband infrastructure— 10 (i) that is otherwise inconsistent with 11 what is allowable under State law; or 12 (ii) where the State lacks the authority 13 for such installation, such as any property 14 right or easement necessary for such instal- 15 lation. 16 (B) NO REQUIREMENT FOR INSTALLATION 17 OF MOBILE SERVICES EQUIPMENT.—Nothing in 18 this section shall be construed to require a State, 19 a municipal government incorporated under 20 State law, or an Indian Tribe to install or allow 21 for the installation of equipment essential for the 22 provision of commercial mobile services (as de- 23 fined in section 332(d) of the Communications 24 Act of 1934 (47 U.S.C. 332(d))) or commercial 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00600 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 601 •HR 3684 RH mobile data service (as defined in section 6001 1 of the Middle Class Tax Relief and Job Creation 2 Act of 2012 (47 U.S.C. 1401)), other than 3 broadband conduit and associated equipment de- 4 scribed in paragraph (3)(B). 5 (3) RELATION TO STATE DIG ONCE REQUIRE- 6 MENTS.—Nothing in subsections (b), (c), (d), or (e) or 7 any regulations issued pursuant to subsection (b) 8 shall be construed to alter or supersede any provision 9 of a State law or regulation that provides for a dig 10 once requirement that includes similar or more strin- 11 gent requirements to the provisions of subsections (b), 12 (c), (d), or (e) and any regulations promulgated 13 under subsection (b). 14 (g) DIG ONCE FUNDING TASK FORCE.— 15 (1) ESTABLISHMENT.—The Secretary and the 16 NTIA Administrator shall jointly establish an inde- 17 pendent task force on funding the nationwide dig once 18 requirement described in this section to be known as 19 the ‘‘Dig Once Funding Task Force’’ (hereinafter re- 20 ferred to as the ‘‘Task Force’’). 21 (2) DUTIES.—The duties of the Task Force shall 22 be to— 23 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00601 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 602 •HR 3684 RH (A) estimate the annual cost for imple- 1 menting, administering, and maintaining a na- 2 tionwide dig once requirement; 3 (B) propose and evaluate options for fund- 4 ing a nationwide dig once requirement described 5 in this section that includes— 6 (i) a discussion of the role and poten- 7 tial share of costs of— 8 (I) the Federal Government; 9 (II) State and local governments 10 and Indian tribes; and 11 (III) broadband providers install- 12 ing broadband conduit or broadband 13 infrastructure under this section; 14 (ii) consideration of the role of existing 15 dig once requirements on States, local gov- 16 ernments, and Indian tribes and the role of 17 private broadband investment, with a goal 18 to not discourage or disincentivize such dig 19 once requirements or such investment; and 20 (iii) evaluating the appropriate entity 21 or entities responsible for maintaining the 22 broadband infrastructure and conduit in- 23 stalled pursuant to a dig once requirement; 24 and 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00602 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 603 •HR 3684 RH (C) propose a cost-based model fee schedule 1 for a State to charge a broadband provider to ac- 2 cess and use conduit installed by such State pur- 3 suant to this section that— 4 (i) shall consider costs (including ad- 5 ministrative costs) associated with installa- 6 tion and long-term maintenance of the 7 broadband conduit installed pursuant to 8 this section; 9 (ii) may vary by topography, location, 10 type of road, rurality, and other factors; 11 and 12 (iii) may consider financial and mar- 13 ket incentives for expanding broadband in- 14 frastructure. 15 (3) REPORTS.— 16 (A) INTERIM REPORT AND BRIEFING.—Not 17 later than 9 months after the appointment of 18 Members to the Task Force under paragraph 19 (4)(D), the Task Force shall— 20 (i) submit to Congress an interim re- 21 port on the findings of the Task Force; and 22 (ii) provide briefings for Congress on 23 the findings of the Task Force. 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00603 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 604 •HR 3684 RH (B) FINAL REPORT.—Not later than 3 1 months after the submission of the interim report 2 under subparagraph (A), the Task Force shall 3 submit to Congress a final report on the findings 4 of the Task Force. 5 (4) MEMBERS.— 6 (A) APPOINTMENTS.—The Task Force shall 7 consist of 14 members, comprising— 8 (i) 2 co-chairs described in subpara- 9 graph (B); 10 (ii) 6 members jointly appointed by 11 the Speaker and minority leader of the 12 House of Representatives, in consultation 13 with the respective Chairs and Ranking 14 Members of— 15 (I) the Committee on Transpor- 16 tation and Infrastructure of the House 17 of Representatives; 18 (II) the Committee on Energy and 19 Commerce of the House of Representa- 20 tives; and 21 (III) the Committee on Appro- 22 priations of the House of Representa- 23 tives; and 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00604 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 605 •HR 3684 RH (iii) 6 members jointly appointed by 1 the majority leader and minority leader of 2 the Senate, in consultation with the respec- 3 tive Chairs and Ranking Members of the— 4 (I) the Committee on Environ- 5 ment and Public Works of the Senate; 6 (II) the Committee on Commerce, 7 Science, and Transportation of the 8 Senate; and 9 (III) the Committee on Appro- 10 priations of the Senate. 11 (B) CO-CHAIRS.—The Task Force shall be 12 co-chaired by the Secretary and the NTIA Ad- 13 ministrator, or the designees of the Secretary and 14 NTIA Administrator. 15 (C) COMPOSITION.—The Task Force shall 16 include at least— 17 (i) 1 representative from a State de- 18 partment of transportation; 19 (ii) 1 representative from a local gov- 20 ernment; 21 (iii) 1 representative from an Indian 22 tribe; 23 (iv) 1 representative from a broadband 24 provider; 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00605 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 606 •HR 3684 RH (v) 1 representative from a State or 1 local broadband provider; 2 (vi) 1 representative from a labor 3 union; and 4 (vii) 1 representative from a public in- 5 terest organization. 6 (D) APPOINTMENT DEADLINE.—Members 7 shall be appointed to the Task Force not later 8 than 60 days after the date of enactment of this 9 Act. 10 (E) TERMS.—Members shall be appointed 11 for the life of the Task Force. A vacancy in the 12 Task Force shall not affect the powers of the Task 13 Force and the vacancy shall be filled in the same 14 manner as the initial appointment was made. 15 (5) CONSULTATIONS.—In carrying out the duties 16 required under this subsection, the Task Force shall 17 consult, at a minimum— 18 (A) the Federal Communications Commis- 19 sion; 20 (B) agencies of States including— 21 (i) State departments of transpor- 22 tation; and 23 (ii) appropriate State agencies; 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00606 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 607 •HR 3684 RH (C) agencies of local governments respon- 1 sible for transportation and rights-of-way, utili- 2 ties, and telecommunications and broadband; 3 (D) Indian tribes; 4 (E) broadband providers and other tele- 5 communications providers; 6 (F) labor unions; and 7 (G) State or local broadband providers and 8 Indian tribes that act as broadband providers. 9 (6) ADDITIONAL PROVISIONS.— 10 (A) EXPENSES FOR NON-FEDERAL MEM- 11 BERS.—Non-Federal members of the Task Force 12 shall be allowed travel expenses, including per 13 diem in lieu of subsistence, at rates authorized 14 for employees under subchapter I of chapter 57 15 of title 5, United States Code, while away from 16 the homes or regular places of business of such 17 members in the performance of services for the 18 Task Force. 19 (B) STAFF.—Staff of the Task Force shall 20 comprise detailees with relevant expertise from 21 the Department of Transportation and the Na- 22 tional Telecommunications and Information Ad- 23 ministration, or another Federal agency that the 24 co-chairpersons consider appropriate, with the 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00607 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 608 •HR 3684 RH consent of the head of the Federal agency, and 1 such detailees shall retain the rights, status, and 2 privileges of the regular employment of such 3 detailees without interruption. 4 (C) ADMINISTRATIVE ASSISTANCE.—The 5 Secretary and NTIA Administrator shall provide 6 to the Task Force on a reimbursable basis ad- 7 ministrative support and other services for the 8 performance of the functions of the Task Force. 9 (7) TERMINATION.—The Task Force shall termi- 10 nate not later than 90 days after submission of the 11 final report required under paragraph (3)(B). 12 SEC. 1604. STORMWATER BEST MANAGEMENT PRACTICES. 13 (a) STUDY.— 14 (1) IN GENERAL.—Not later than 180 days after 15 the date of enactment of this Act, the Secretary of 16 Transportation and the Administrator shall seek to 17 enter into an agreement with the Transportation Re- 18 search Board of the National Academy of Sciences to 19 under which the Transportation Research Board shall 20 conduct a study— 21 (A) to estimate pollutant loads from 22 stormwater runoff from highways and pedestrian 23 facilities eligible for assistance under title 23, 24 United States Code, to inform the development of 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00608 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 609 •HR 3684 RH appropriate total maximum daily load require- 1 ments; 2 (B) to provide recommendations (including 3 recommended revisions to existing laws and reg- 4 ulations) regarding the evaluation and selection 5 by State departments of transportation of poten- 6 tial stormwater management and total max- 7 imum daily load compliance strategies within a 8 watershed, including environmental restoration 9 and pollution abatement carried out under sec- 10 tion 328 of title 23, United States Code; 11 (C) to examine the potential for the Sec- 12 retary to assist State departments of transpor- 13 tation in carrying out and communicating 14 stormwater management practices for highways 15 and pedestrian facilities that are eligible for as- 16 sistance under title 23, United States Code, 17 through information-sharing agreements, data- 18 base assistance, or an administrative platform to 19 provide the information described in subpara- 20 graphs (A) and (B) to entities issued permits 21 under the Federal Water Pollution Control Act 22 (33 U.S.C. 1251 et seq.); and 23 (D) to examine the benefit of concentrating 24 stormwater retrofits in impaired watersheds and 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00609 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 610 •HR 3684 RH selecting such retrofits according to a process 1 that depends on a watershed management plan 2 developed in accordance with section 319 of the 3 Federal Water Pollution Control Act (33 U.S.C. 4 1329). 5 (2) REQUIREMENTS.—In conducting the study 6 under the agreement entered into pursuant to para- 7 graph (1), the Transportation Research Board shall— 8 (A) review and supplement, as appropriate, 9 the methodologies examined and recommended in 10 the 2019 report of the National Academies of 11 Sciences, Engineering, and Medicine titled ‘‘Ap- 12 proaches for Determining and Complying with 13 TMDL Requirements Related to Roadway 14 Stormwater Runoff’’; 15 (B) consult with— 16 (i) the Secretary of Transportation; 17 (ii) the Secretary of Agriculture; 18 (iii) the Administrator; 19 (iv) the Secretary of the Army, acting 20 through the Chief of Engineers; and 21 (v) State departments of Transpor- 22 tation; and 23 (C) solicit input from— 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00610 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 611 •HR 3684 RH (i) stakeholders with experience in im- 1 plementing stormwater management prac- 2 tices for projects; and 3 (ii) educational and technical 4 stormwater management groups. 5 (3) REPORT.—In carrying out the agreement en- 6 tered into pursuant to paragraph (1), not later than 7 18 months after the date of enactment of this Act, the 8 Transportation Research Board shall submit to the 9 Secretary of Transportation, the Administrator, the 10 Committee on Transportation and Infrastructure of 11 the House of Representatives, and the Committee on 12 Environment and Public Works of the Senate a report 13 describing the results of the study. 14 (b) STORMWATER BEST MANAGEMENT PRACTICES RE- 15 PORTS.— 16 (1) REISSUANCE.—Not later than 180 days after 17 the date of enactment of this Act, the Administrator 18 shall update and reissue the best management prac- 19 tices reports to reflect new information and advance- 20 ments in stormwater management. 21 (2) UPDATES.—Not less frequently than once 22 every 5 years after the date on which the Secretary 23 reissues the best management practices reports under 24 paragraph (1), the Secretary shall update and reissue 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00611 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 612 •HR 3684 RH the best management practices reports, unless the con- 1 tents of the best management practices reports have 2 been incorporated (including by reference) into appli- 3 cable regulations of the Secretary. 4 (c) DEFINITIONS.—In this section: 5 (1) ADMINISTRATOR.—The term ‘‘Adminis- 6 trator’’ means the Administrator of the Environ- 7 mental Protection Agency. 8 (2) BEST MANAGEMENT PRACTICES REPORTS.— 9 The term ‘‘best management practices reports’’ 10 means— 11 (A) the 2014 report sponsored by the De- 12 partment of Transportation titled ‘‘Determining 13 the State of the Practice in Data Collection and 14 Performance Measurement of Stormwater Best 15 Management Practices’’ (FHWA–HEP–16–021); 16 and 17 (B) the 2000 report sponsored by the De- 18 partment of Transportation titled ‘‘Stormwater 19 Best Management Practices in an Ultra-Urban 20 Setting: Selection and Monitoring’’. 21 (3) TOTAL MAXIMUM DAILY LOAD.—The term 22 ‘‘total maximum daily load’’ has the meaning given 23 such term in section 130.2 of title 40, Code of Federal 24 Regulations (or successor regulations). 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00612 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 613 •HR 3684 RH SEC. 1605. PEDESTRIAN FACILITIES IN THE PUBLIC RIGHT- 1 OF-WAY. 2 (a) IN GENERAL.—Not later than 180 days after the 3 date of enactment of this Act, the Architectural and Trans- 4 portation Barriers Compliance Board under the authority 5 of section 502(b)(3) of the Rehabilitation Act of 1973 (29 6 U.S.C. 792(b)(3)), shall publish final accessibility guide- 7 lines setting forth minimum standards for pedestrian facili- 8 ties in the public right-of-way, including shared use paths. 9 (b) ADOPTION OF REGULATIONS.—Not later than 180 10 days after the establishment of the guidelines pursuant to 11 subsection (a), the Secretary shall issue such regulations as 12 are necessary to adopt such guidelines. 13 SEC. 1606. HIGHWAY FORMULA MODERNIZATION REPORT. 14 (a) HIGHWAY FORMULA MODERNIZATION STUDY.— 15 (1) IN GENERAL.—The Secretary of Transpor- 16 tation, in consultation with the State departments of 17 transportation and representatives of local govern- 18 ments (including metropolitan planning organiza- 19 tions), shall conduct a highway formula moderniza- 20 tion study to assess the method and data used to ap- 21 portion Federal-aid highway funds under subsections 22 (b) and (c) of section 104 of title 23, United States 23 Code, and issue recommendations on such method and 24 data. 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00613 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 614 •HR 3684 RH (2) ASSESSMENT.—The highway formula mod- 1 ernization study required under paragraph (1) shall 2 include an assessment of, based on the latest available 3 data, whether the apportionment method under such 4 section results in— 5 (A) an equitable distribution of funds based 6 on the estimated tax payments attributable to— 7 (i) highway users in the State that are 8 paid into the Highway Trust Fund; and 9 (ii) individuals in the State that are 10 paid to the Treasury, based on contribu- 11 tions to the Highway Trust Fund from the 12 general fund of the Treasury; and 13 (B) the achievement of the goals described 14 in section 101(b)(3) of title 23, United States 15 Code. 16 (3) CONSIDERATIONS.—In carrying out the as- 17 sessment under paragraph (2), the Secretary shall 18 consider the following: 19 (A) The factors described in sections 104(b), 20 104(f)(2), 104(h)(2), 130(f), and 144(e) of title 21 23, United States Code, as in effect on the date 22 of enactment of SAFETEA–LU (Public Law 23 109–59). 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00614 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 615 •HR 3684 RH (B) The availability and accuracy of data 1 necessary to calculate formula apportionments 2 under the factors described in subparagraph (A). 3 (C) The measures established under section 4 150 of title 23, United States Code, and whether 5 such measures are appropriate for consideration 6 as formula apportionment factors. 7 (D) The results of the CMAQ formula mod- 8 ernization study required under subsection (b). 9 (E) Inclusion of the Commonwealth of 10 Puerto Rico in the apportionment under sub- 11 sections (b) and (c) of section 104 of such title, 12 including an estimate of the anticipated con- 13 tributions to the Highway Trust Fund from the 14 citizens of Puerto Rico if Puerto Rico was sub- 15 ject to applicable highway user fees. 16 (F) A needs-based assessment of the share of 17 Federal-aid highway funds that should be made 18 available to the territories described under sec- 19 tion 165(c) of such title. 20 (G) Any other factors that the Secretary de- 21 termines are appropriate. 22 (4) RECOMMENDATIONS.—The Secretary shall, 23 in consultation with the State departments of trans- 24 portation and representatives of local governments 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00615 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 616 •HR 3684 RH (including metropolitan planning organizations), de- 1 velop recommendations on a new apportionment 2 method, including— 3 (A) the factors recommended to be included 4 in such apportionment method; 5 (B) the weighting recommended to be ap- 6 plied to the factors under subparagraph (A); and 7 (C) any other recommendations to ensure 8 that the apportionment method best achieves an 9 equitable distribution of funds described under 10 paragraph (2)(A) and the goals described in 11 paragraph (2)(B). 12 (b) CMAQ FORMULA MODERNIZATION STUDY.— 13 (1) IN GENERAL.—Not later than 1 year after 14 the date of enactment of this Act, the Secretary of 15 Transportation, in consultation with the Adminis- 16 trator of the Environmental Protection Agency, shall 17 conduct an CMAQ formula modernization study to 18 assess whether the apportionment method under sec- 19 tion 104(b)(4) of title 23, United States Code, results 20 in a distribution of funds that best achieves the air 21 quality goals of section 149 of such title. 22 (2) CONSIDERATIONS.—In providing consulta- 23 tion under this subsection, the Administrator of the 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00616 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 617 •HR 3684 RH Environmental Protection Agency shall provide to the 1 Secretary an analysis of— 2 (A) factors that contribute to the apportion- 3 ment, including population, types of pollutants, 4 and severity of pollutants, as such factors were 5 determined on the date prior to the date of enact- 6 ment of MAP–21; 7 (B) the weighting of the factors listed under 8 subparagraph (A); and 9 (C) the recency of the data used in making 10 the apportionment under section 104(b)(4) of 11 title 23, United States Code. 12 (3) RECOMMENDATIONS.—If, in conducting the 13 study under this subsection, the Secretary finds that 14 modifying the apportionment method under section 15 104(b)(4) of title 23, United States Code, would best 16 achieve the air quality goals of section 149 of title 23, 17 United States Code, the Secretary shall, in consulta- 18 tion with the Administrator, include in such study 19 recommendations for a new apportionment method, 20 including— 21 (A) the factors recommended to be included 22 in such apportionment method; 23 (B) the weighting recommended to be ap- 24 plied to the factors under subparagraph (A); and 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00617 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 618 •HR 3684 RH (C) any other recommendations to ensure 1 that the apportionment method best achieves the 2 air quality goals section 149 of such title. 3 (c) REPORT.—No later than 2 years after the date of 4 enactment of this Act, the Secretary shall submit to the 5 Committee on Transportation and Infrastructure of the 6 House of Representatives and the Committee on Environ- 7 ment and Public Works of the Senate a report containing 8 the results of the highway formula modernization study and 9 the CMAQ formula modernization study. 10 SEC. 1607. CONSOLIDATION OF PROGRAMS. 11 Section 1519 of MAP–21 (Public Law 112–141) is 12 amended— 13 (1) in subsection (a)— 14 (A) by striking ‘‘fiscal years 2016 through 15 2020’’ and inserting ‘‘fiscal years 2023 through 16 2026’’; and 17 (B) by striking ‘‘$3,500,000’’ and inserting 18 ‘‘$4,000,000’’; 19 (2) by redesignating subsections (b) and (c) as 20 subsections (c) and (d), respectively; and 21 (3) by inserting after subsection (a) the fol- 22 lowing: 23 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00618 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 619 •HR 3684 RH ‘‘(b) FEDERAL SHARE.—The Federal share of the cost 1 of a project or activity carried out under subsection (a) 2 shall be 100 percent.’’. 3 SEC. 1608. STUDENT OUTREACH REPORT TO CONGRESS. 4 (a) REPORT.—Not later than 180 days after the date 5 of enactment of this Act, the Secretary of Transportation 6 shall submit to the Committee on Transportation and In- 7 frastructure of the House of Representatives and the Com- 8 mittee on Environment and Public Works of the Senate a 9 report that describes the efforts of the Department of Trans- 10 portation to encourage elementary, secondary, and post-sec- 11 ondary students to pursue careers in the surface transpor- 12 tation sector. 13 (b) CONTENTS.—The report required under subsection 14 (a) shall include— 15 (1) a description of efforts to increase awareness 16 of careers related to surface transportation among ele- 17 mentary, secondary, and post-secondary students; 18 (2) a description of efforts to prepare and in- 19 spire such students for surface transportation careers; 20 (3) a description of efforts to support the devel- 21 opment of a diverse, well-qualified workforce for fu- 22 ture surface transportation needs; and 23 (4) the effectiveness of the efforts described in 24 paragraphs (1) through (3). 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00619 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 620 •HR 3684 RH SEC. 1609. TASK FORCE ON DEVELOPING A 21ST CENTURY 1 SURFACE TRANSPORTATION WORKFORCE. 2 (a) IN GENERAL.—Not later than 90 days after the 3 date of enactment of this Act, the Secretary of Transpor- 4 tation shall establish a task force on developing a 21st cen- 5 tury surface transportation workforce (in this section re- 6 ferred to as the ‘‘Task Force’’). 7 (b) DUTIES.—Not later than 12 months after the estab- 8 lishment of the Task Force under subsection (a), the Task 9 Force shall develop and submit to the Secretary rec- 10 ommendations and strategies for the Department of Trans- 11 portation to— 12 (1) evaluate the current and future state of the 13 surface transportation workforce, including projected 14 job needs in the surface transportation sector; 15 (2) identify factors influencing individuals pur- 16 suing careers in surface transportation, including 17 barriers to attracting individuals into the workforce; 18 (3) address barriers to retaining individuals in 19 surface transportation careers; 20 (4) identify and address potential impacts of 21 emerging technologies on the surface transportation 22 workforce; 23 (5) increase access for vulnerable or underrep- 24 resented populations, especially women and minori- 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00620 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 621 •HR 3684 RH ties, to high-skill, in-demand surface transportation 1 careers; 2 (6) facilitate and encourage elementary, sec- 3 ondary, and post-secondary students in the United 4 States to pursue careers in the surface transportation 5 sector; and 6 (7) identify and develop pathways for students 7 and individuals to secure pre-apprenticeships, reg- 8 istered apprenticeships, and other work-based learn- 9 ing opportunities in the surface transportation sector 10 of the United States. 11 (c) CONSIDERATIONS.—In developing recommenda- 12 tions and strategies under subsection (b), the Task Force 13 shall— 14 (1) identify factors that influence whether young 15 people pursue careers in surface transportation, espe- 16 cially traditionally underrepresented populations, in- 17 cluding women and minorities; 18 (2) consider how the Department, businesses, in- 19 dustry, labor, educators, and other stakeholders can 20 coordinate efforts to support qualified individuals in 21 pursuing careers in the surface transportation sector; 22 (3) identify methods of enhancing surface trans- 23 portation pre-apprenticeships and registered appren- 24 ticeships, job skills training, mentorship, education, 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00621 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 622 •HR 3684 RH and outreach programs that are exclusive to youth in 1 the United States; and 2 (4) identify potential sources of funding, includ- 3 ing grants and scholarships, that may be used to sup- 4 port youth and other qualified individuals in pur- 5 suing careers in the surface transportation sector. 6 (d) CONSULTATION.—In developing the recommenda- 7 tions and strategies required under subsection (b), the Task 8 Force may consult with— 9 (1) local educational agencies and institutes of 10 higher education, including community colleges and 11 vocational schools; and 12 (2) State workforce development boards. 13 (e) REPORT.—Not later than 60 days after the submis- 14 sion of the recommendations and strategies under subsection 15 (b), the Secretary shall submit to the Committee on Trans- 16 portation and Infrastructure of the House of Representa- 17 tives and the Committee on Environment and Public Works 18 of the Senate a report containing such recommendations 19 and strategies. 20 (f) COMPOSITION OF TASK FORCE.—The Secretary 21 shall appoint members to the Task Force whose diverse 22 background and expertise allow such members to contribute 23 balanced points of view and ideas in carrying out this sec- 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00622 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 623 •HR 3684 RH tion, comprised of equal representation from each of the fol- 1 lowing: 2 (1) Industries in the surface transportation sec- 3 tor. 4 (2) Surface transportation sector labor organiza- 5 tions. 6 (3) Such other surface transportation stake- 7 holders and experts as the Secretary considers appro- 8 priate. 9 (g) PERIOD OF APPOINTMENT.—Members shall be ap- 10 pointed to the Task Force for the duration of the existence 11 of the Task Force. 12 (h) COMPENSATION.—Task Force members shall serve 13 without compensation. 14 (i) SUNSET.—The Task Force shall terminate upon the 15 submission of the report required under subsection (e). 16 (j) DEFINITIONS.—In this section: 17 (1) PRE-APPRENTICESHIP.—The term ‘‘pre-ap- 18 prenticeship’’ means a training model or program 19 that prepares individuals for acceptance into a reg- 20 istered apprenticeship and has a demonstrated part- 21 nership with one or more registered apprenticeships. 22 (2) REGISTERED APPRENTICESHIP.—The term 23 ‘‘registered apprenticeship’’ means an apprenticeship 24 program registered under the Act of August 16, 1937 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00623 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 624 •HR 3684 RH (29 U.S.C. 50 et seq.; commonly known as the ‘‘Na- 1 tional Apprenticeship Act’’), that satisfies the require- 2 ments of parts 29 and 30 of title 29, Code of Federal 3 Regulations (as in effect on January 1, 2020). 4 SEC. 1610. ON-THE-JOB TRAINING AND SUPPORTIVE SERV- 5 ICES. 6 Section 140(b) of title 23, United States Code, is 7 amended to read as follows: 8 ‘‘(b) WORKFORCE TRAINING AND DEVELOPMENT.— 9 ‘‘(1) IN GENERAL.—The Secretary, in coopera- 10 tion with the Secretary of Labor and any other de- 11 partment or agency of the Government, State agency, 12 authority, association, institution, Indian Tribe or 13 Tribal organization, corporation (profit or nonprofit), 14 or any other organization or person, is authorized to 15 develop, conduct, and administer surface transpor- 16 tation and technology training, including skill im- 17 provement programs, and to develop and fund sum- 18 mer transportation institutes. 19 ‘‘(2) STATE RESPONSIBILITIES.—A State depart- 20 ment of transportation participating in the program 21 under this subsection shall— 22 ‘‘(A) develop an annual workforce plan that 23 identifies immediate and anticipated workforce 24 gaps and underrepresentation of women and mi- 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00624 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 625 •HR 3684 RH norities and a detailed plan to fill such gaps and 1 address such underrepresentation; 2 ‘‘(B) establish an annual workforce develop- 3 ment compact with the State workforce develop- 4 ment board and appropriate agencies to provide 5 a coordinated approach to workforce training, 6 job placement, and identification of training and 7 skill development program needs, which shall be 8 coordinated to the extent practical with an insti- 9 tution or agency, such as a State workforce de- 10 velopment board under section 101 of the Work- 11 force Innovation and Opportunities Act (29 12 U.S.C. 3111), that has established skills training, 13 recruitment, and placement resources; and 14 ‘‘(C) demonstrate program outcomes, in- 15 cluding— 16 ‘‘(i) impact on areas with transpor- 17 tation workforce shortages; 18 ‘‘(ii) diversity of training participants; 19 ‘‘(iii) number and percentage of par- 20 ticipants obtaining certifications or creden- 21 tials required for specific types of employ- 22 ment; 23 ‘‘(iv) employment outcome, including 24 job placement and job retention rates and 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00625 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 626 •HR 3684 RH earnings, using performance metrics estab- 1 lished in consultation with the Secretary of 2 Labor and consistent with metrics used by 3 programs under the Workforce Innovation 4 and Opportunity Act (29 U.S.C. 3101 et 5 seq.); and 6 ‘‘(v) to the extent practical, evidence 7 that the program did not preclude workers 8 that participate in training or registered 9 apprenticeship activities under the program 10 from being referred to, or hired on, projects 11 funded under this chapter. 12 ‘‘(3) FUNDING.—From administrative funds 13 made available under section 104(a), the Secretary 14 shall deduct such sums as necessary, not to exceed 15 $10,000,000 in each fiscal year, for the administra- 16 tion of this subsection. Such sums shall remain avail- 17 able until expended. 18 ‘‘(4) NONAPPLICABILITY OF TITLE 41.—Sub- 19 sections (b) through (d) of section 6101 of title 41 20 shall not apply to contracts and agreements made 21 under the authority granted to the Secretary under 22 this subsection. 23 ‘‘(5) USE OF SURFACE TRANSPORTATION PRO- 24 GRAM AND NATIONAL HIGHWAY PERFORMANCE PRO- 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00626 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 627 •HR 3684 RH GRAM FUNDS.—Notwithstanding any other provision 1 of law, not to exceed 1⁄2 of 1 percent of funds appor- 2 tioned to a State under paragraph (1) or (2) of sec- 3 tion 104(b) may be available to carry out this sub- 4 section upon request of the State transportation de- 5 partment to the Secretary.’’. 6 SEC. 1611. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM 7 FUNDING FLEXIBILITY. 8 (a) IN GENERAL.—Any funds made available to a 9 State for the Appalachian development highway system 10 program under subtitle IV of title 40, United States Code, 11 before the date of enactment of this Act may be used, at 12 the request of such State to the Secretary of Transportation, 13 for the purposes described in section 133(b) of title 23, 14 United States Code. 15 (b) LIMITATION.—The authority in subsection (a) may 16 only be used by an Appalachian development highway sys- 17 tem State if all of the Appalachian development highway 18 system corridors authorized by subtitle IV of title 40, 19 United States Code, in such State, have been fully completed 20 and are open to traffic prior to the State making a request 21 to the Secretary as described in subsection (a). 22 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00627 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 628 •HR 3684 RH SEC. 1612. TRANSPORTATION EDUCATION DEVELOPMENT 1 PROGRAM. 2 Section 504 of title 23, United States Code, is amend- 3 ed— 4 (1) in subsection (e)(1) by inserting ‘‘and (8) 5 through (9)’’ after ‘‘paragraphs (1) through (4)’’; and 6 (2) in subsection (f) by adding at the end the fol- 7 lowing: 8 ‘‘(4) REPORTS.—The Secretary shall submit to 9 the Committee on Transportation and Infrastructure 10 of the House of Representatives and the Committee on 11 Commerce, Science, and Transportation of the Senate 12 an annual report that includes— 13 ‘‘(A) a list of all grant recipients under this 14 subsection; 15 ‘‘(B) an explanation of why each recipient 16 was chosen in accordance with the criteria under 17 paragraph (2); 18 ‘‘(C) a summary of each recipient’s objective 19 to carry out the purpose described in paragraph 20 (1) and an analysis of progress made toward 21 achieving each such objective; 22 ‘‘(D) an accounting for the use of Federal 23 funds obligated or expended in carrying out this 24 subsection; and 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00628 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 629 •HR 3684 RH ‘‘(E) an analysis of outcomes of the pro- 1 gram under this subsection.’’. 2 SEC. 1613. WORKING GROUP ON CONSTRUCTION RE- 3 SOURCES. 4 (a) ESTABLISHMENT.—Not later than 120 days after 5 the date of enactment of this Act, the Secretary of Transpor- 6 tation shall establish a working group (in this section re- 7 ferred to as the ‘‘Working Group’’) to conduct a study on 8 access to covered resources for infrastructure projects. 9 (b) MEMBERSHIP.— 10 (1) APPOINTMENT.—The Secretary shall appoint 11 to the Working Group individuals with knowledge 12 and expertise in the production and transportation of 13 covered resources. 14 (2) REPRESENTATION.—The Working Group 15 shall include at least one representative of each of the 16 following: 17 (A) State departments of transportation. 18 (B) State agencies associated with covered 19 resources protection. 20 (C) State planning and geologic survey and 21 mapping agencies. 22 (D) Commercial motor vehicle operators, in- 23 cluding small business operators and operators 24 who transport covered resources. 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00629 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 630 •HR 3684 RH (E) Covered resources producers. 1 (F) Construction contractors. 2 (G) Labor organizations. 3 (H) Metropolitan planning organizations 4 and regional planning organizations. 5 (I) Indian Tribes. 6 (J) Professional surveying, mapping, and 7 geospatial organizations. 8 (K) Any other stakeholders that the Sec- 9 retary determines appropriate. 10 (3) TERMINATION.—The Working Group shall 11 terminate 6 months after the date on which the Sec- 12 retary receives the report under subsection (e)(1). 13 (c) DUTIES.—In carrying out the study required 14 under subsection (a), the Working Group shall analyze— 15 (1) the use of covered resources in transportation 16 projects funded with Federal dollars; 17 (2) how the proximity of covered resources to 18 such projects affects the cost and environmental im- 19 pact of such projects; 20 (3) whether and how State, Tribal, and local 21 transportation and planning agencies consider cov- 22 ered resources when developing transportation 23 projects; and 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00630 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 631 •HR 3684 RH (4) any challenges for transportation project 1 sponsors regarding access and proximity to covered 2 resources. 3 (d) CONSULTATION.—In carrying out the study re- 4 quired under subsection (a), the Working Group shall con- 5 sult with, as appropriate— 6 (1) chief executive officers of States; 7 (2) State and local transportation planning 8 agencies; 9 (3) Indian Tribes; 10 (4) other relevant State, Tribal, and local agen- 11 cies, including State agencies associated with covered 12 resources protection; 13 (5) members of the public with industry experi- 14 ence with respect to covered resources; 15 (6) other Federal entities that provide funding 16 for transportation projects; and 17 (7) any other stakeholder the Working Group de- 18 termines appropriate. 19 (e) REPORTS.— 20 (1) WORKING GROUP REPORT.—Not later than 2 21 years after the date on which the Working Group is 22 established, the Working Group shall submit to the 23 Secretary a report that includes— 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00631 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 632 •HR 3684 RH (A) the findings of the study required under 1 subsection (a), including a summary of com- 2 ments received during the consultation process 3 under subsection (d); and 4 (B) any recommendations to preserve access 5 to and reduce the costs and environmental im- 6 pacts of covered resources for infrastructure 7 projects. 8 (2) DEPARTMENTAL REPORT.—Not later than 3 9 months after the date on which the Secretary receives 10 the report under paragraph (1), the Secretary shall 11 submit to the Committee on Transportation and In- 12 frastructure of the House of Representatives and the 13 Committee on Environment and Public Works of the 14 Senate a summary of the findings under such report 15 and any recommendations, as appropriate. 16 (f) DEFINITIONS.—In this section: 17 (1) COVERED RESOURCES.—The term ‘‘covered 18 resources’’ means common variety materials used in 19 transportation infrastructure construction and main- 20 tenance, including stone, sand, and gravel. 21 (2) STATE.—The term ‘‘State’’ means each of the 22 several States, the District of Columbia, and each ter- 23 ritory or possession of the United States. 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00632 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 633 •HR 3684 RH SEC. 1614. NUMBERING SYSTEM OF HIGHWAY INTER- 1 CHANGES. 2 (a) IN GENERAL.—Notwithstanding section 315 of title 3 23, United States Code, and section 1.36 of title 23, Code 4 of Federal Regulations, the Secretary of Transportation 5 may not impose a penalty on a State that does not comply 6 with section 2E.31 of the Manual on Uniform Traffic Con- 7 trol Devices (or a successor section) with respect to the num- 8 bering of highway interchanges. 9 (b) APPLICABILITY.—Subsection (a) shall only apply 10 to a method of numbering of a highway interchange in effect 11 on the date of enactment of this Act. 12 SEC. 1615. TOLL CREDITS. 13 (a) PURPOSES.—The Secretary of Transportation 14 shall— 15 (1) identify the extent of the demand to purchase 16 toll credits; 17 (2) identify the expected cash price of toll credits; 18 (3) analyze the impact of the exchange of toll 19 credits on transportation expenditures; and 20 (4) identify any other repercussions of estab- 21 lishing a toll credit exchange. 22 (b) SOLICITATION.—To carry out the requirements of 23 this section, the Secretary shall solicit information from 24 States eligible to use a credit under section 120(i) of title 25 23, United States Code, including— 26 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00633 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 634 •HR 3684 RH (1) the amount of unused toll credits, includ- 1 ing— 2 (A) toll revenue generated and the sources of 3 that revenue; 4 (B) toll revenue used by public, quasi-pub- 5 lic, and private agencies to build, improve, or 6 maintain highways, bridges, or tunnels that 7 serve the public purpose of interstate commerce; 8 and 9 (C) an accounting of any Federal funds 10 used by the public, quasi-public, or private agen- 11 cy to build, improve, or maintain the toll facil- 12 ity, to validate that the credit has been reduced 13 by a percentage equal to the percentage of the 14 total cost of building, improving, or maintaining 15 the facility that was derived from Federal funds; 16 (2) the documentation of maintenance of effort 17 for toll credits earned by the State; and 18 (3) the accuracy of the accounting system of the 19 State to earn and track toll credits. 20 (c) WEBSITE.—The Secretary shall make available a 21 publicly accessible website on which a State eligible to use 22 a credit under section 120(i) of title 23, United States Code 23 shall publish the information described under subsection 24 (b)(1). 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00634 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 635 •HR 3684 RH (d) EVALUATION AND RECOMMENDATIONS TO CON- 1 GRESS.—Not later than 2 years after the date of enactment 2 of this Act, the Secretary shall provide to the Committee 3 on Transportation and Infrastructure of the House of Rep- 4 resentatives and the Committee on Environment and Public 5 Works of the Senate, and make publicly available on the 6 website of the Department of Transportation— 7 (1) an evaluation of the accuracy of the account- 8 ing and documentation of toll credits earned under 9 section 120(i); 10 (2) a determination whether a toll credit market- 11 place is viable and cost effective; 12 (3) estimates, to the extent possible, of the aver- 13 age sale price of toll credits; and 14 (4) recommendations on any modifications nec- 15 essary, including legislative changes, to establish and 16 implement a toll credit exchange program. 17 (e) DEFINITION.—In this section, the term ‘‘State’’ has 18 the meaning given the term in section 101(a) of title 23, 19 United States Code. 20 SEC. 1616. TRANSPORTATION CONSTRUCTION MATERIALS 21 PROCUREMENT. 22 (a) ESTABLISHMENT.—Not later than 180 days after 23 the date of enactment of this Act, the Secretary of Transpor- 24 tation shall initiate a review of the procurement processes 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00635 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 636 •HR 3684 RH used by State departments of transportation to select con- 1 struction materials on projects utilizing Federal-aid high- 2 way funds. 3 (b) CONTENTS.—The review under subsection (a) shall 4 include— 5 (1) a review of competitive practices in the bid- 6 ding process for transportation construction mate- 7 rials; 8 (2) a list of States that currently issue bids that 9 include flexibility in the type of construction mate- 10 rials used to meet the project specifications; 11 (3) any information provided by States on con- 12 siderations that influence the decision to include com- 13 petition by type of material in transportation con- 14 struction projects; 15 (4) any data on whether issuing bids that in- 16 clude flexibility in the type of construction materials 17 used to meet the project specifications will affect 18 project costs over the lifecycle of an asset; 19 (5) any data on the degree to which competition 20 leads to greater use of sustainable, innovative, or re- 21 silient materials; and 22 (6) an evaluation of any barriers to more wide- 23 spread use of competitive bidding processes for trans- 24 portation construction materials. 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00636 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 637 •HR 3684 RH (c) REPORT.—Not later than 18 months after the date 1 of enactment of this Act, the Secretary shall submit to the 2 Committee on Transportation and Infrastructure of the 3 House of Representatives and the Committee on Environ- 4 ment and Public Works of the Senate, and make publicly 5 available, a report on the review initiated by the Secretary 6 pursuant to this section. 7 SEC. 1617. NATIONWIDE ROAD SAFETY ASSESSMENT. 8 (a) IN GENERAL.—The Secretary of Transportation 9 shall, every 2 years, conduct nationwide, on-the-ground 10 road safety assessments focused on pedestrian and bicycle 11 safety in each State. 12 (b) REQUIREMENTS.—The assessments required under 13 subsection (a) shall be conducted— 14 (1) by Department of Transportation field offices 15 from the Federal Highway Administration, the Na- 16 tional Highway Transportation Safety Administra- 17 tion, the Federal Transit Administration, and the 18 Federal Motor Carrier Safety Administration; and 19 (2) in consultation with— 20 (A) State and local agencies with jurisdic- 21 tion over pedestrian and bicycle safety; 22 (B) pedestrian safety and bicycle safety ad- 23 vocacy organizations; and 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00637 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 638 •HR 3684 RH (C) other relevant pedestrian and bicycle 1 safety stakeholders. 2 (c) PURPOSES.—The purpose of the assessments under 3 this section is to— 4 (1) identify and examine specific locations with 5 documented or perceived problems with pedestrian 6 and bicycle safety and access; 7 (2) examine barriers to providing safe pedestrian 8 and bicycle access to transportation infrastructure; 9 and 10 (3) develop and issue recommendations designed 11 to effectively address specific safety and access issues 12 and enhance pedestrian and bicycle safety in high 13 risk areas. 14 (d) REPORT ON STATE ASSESSMENTS.—Upon comple- 15 tion of the assessment of a State, the Secretary shall issue, 16 and make available to the public, a report containing the 17 assessment that includes— 18 (1) a list of locations that have been assessed as 19 presenting a danger to pedestrians or bicyclists; and 20 (2) recommendations to enhance pedestrian and 21 bicycle safety in those locations. 22 (e) REPORT ON NATIONWIDE PROGRAM.—Upon com- 23 pletion of the biannual assessment nationwide required 24 under this section, the Secretary shall issue, and make 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00638 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 639 •HR 3684 RH available to the public, that covers assessments for all juris- 1 dictions and also present it to the congressional transpor- 2 tation committees. 3 (f) NATIONAL PEDESTRIAN AND BICYCLE SAFETY 4 DATABASE.—The Secretary, in order to enhance pedestrian 5 and bicycle safety and improve information sharing on pe- 6 destrian and bicycle safety challenges between the Federal 7 Government and State and local governments, shall main- 8 tain a national pedestrian and bicycle safety database that 9 includes— 10 (1) a list of high-risk intersections, roads, and 11 highways with a documented history of pedestrian or 12 bicycle accidents or fatalities and details regarding 13 those incidents; and 14 (2) information on corrective measures that have 15 been implemented at the State, local, or Federal level 16 to enhance pedestrian and bicyclist safety at those 17 high risk areas, including details on the nature and 18 date of corrective action. 19 (g) STATE DEFINED.—In this section, the term 20 ‘‘State’’ means each of the States, the District of Columbia, 21 and Puerto Rico. 22 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00639 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 640 •HR 3684 RH SEC. 1618. CLIMATE RESILIENT TRANSPORTATION INFRA- 1 STRUCTURE STUDY. 2 (a) CLIMATE RESILIENT TRANSPORTATION INFRA- 3 STRUCTURE STUDY.—Not later than 180 days after the date 4 of enactment of this Act, the Secretary of Transportation 5 shall seek to enter into an agreement with the Transpor- 6 tation Research Board of the National Academies to conduct 7 a study of the actions needed to ensure that Federal agencies 8 are taking into account current and future climate condi- 9 tions in planning, designing, building, operating, main- 10 taining, investing in, and upgrading any federally funded 11 transportation infrastructure investments. 12 (b) METHODOLOGIES.—In conducting the study, the 13 Transportation Research Board shall build on the meth- 14 odologies examined and recommended in— 15 (1) the 2018 report issued the American Society 16 of Civil Engineers, titled ‘‘Climate-Resilient Infra- 17 structure: Adaptive Design and Risk Management’’; 18 and 19 (2) the report issued by the California Climate- 20 Safe Infrastructure Working Group, titled ‘‘Paying it 21 Forward: The Path Toward Climate-Safe Infrastruc- 22 ture in California’’. 23 (c) CONTENTS OF STUDY.—The study shall include 24 specific recommendations regarding the following: 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00640 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 641 •HR 3684 RH (1) Integrating scientific knowledge of projected 1 climate change impacts, and other relevant data and 2 information, into Federal infrastructure planning, 3 design, engineering, construction, operation and 4 maintenance. 5 (2) Addressing critical information gaps and 6 challenges. 7 (3) Financing options to help fund climate-resil- 8 ient infrastructure. 9 (4) A platform or process to facilitate commu- 10 nication between climate scientists and other experts 11 with infrastructure planners, engineers and other rel- 12 evant experts. 13 (5) A stakeholder process to engage with rep- 14 resentatives of State, local, tribal and community 15 groups. 16 (6) A platform for tracking Federal funding of 17 climate-resilient infrastructure. 18 (7) Labor and workforce needs to implement cli- 19 mate-resilient transportation infrastructure projects 20 including new and emerging skills, training pro- 21 grams, competencies and recognized postsecondary 22 credentials that may be required to adequately equip 23 the workforce. 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00641 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 642 •HR 3684 RH (8) Outlining how Federal infrastructure plan- 1 ning, design, engineering, construction, operation, 2 and maintenance impact the environment and public 3 health of disproportionately exposed communities. For 4 purposes of this paragraph, the term ‘‘disproportion- 5 ately exposed communities’’ means a community in 6 which climate change, pollution, or environmental de- 7 struction have exacerbated systemic racial, regional, 8 social, environmental, and economic injustices by dis- 9 proportionately affecting indigenous peoples, commu- 10 nities of color, migrant communities, deindustrialized 11 communities, depopulated rural communities, the 12 poor, low-income workers, women, the elderly, people 13 experiencing homelessness, people with disabilities, 14 people who are incarcerated, or youth. 15 (d) CONSIDERATIONS.—In carrying out the study, the 16 Transportation Research Board shall determine the need for 17 information related to climate resilient transportation in- 18 frastructure by considering— 19 (1) the current informational and institutional 20 barriers to integrating projected infrastructure risks 21 posed by climate change into federal infrastructure 22 planning, design, engineering, construction, operation 23 and maintenance; 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00642 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 643 •HR 3684 RH (2) the critical information needed by engineers, 1 planners and those charged with infrastructure up- 2 grades and maintenance to better incorporate climate 3 change risks and impacts over the lifetime of projects; 4 (3) how to select an appropriate, adaptive engi- 5 neering design for a range of future climate scenarios 6 as related to infrastructure planning and investment; 7 (4) how to incentivize and incorporate systems 8 thinking into engineering design to maximize the ben- 9 efits of multiple natural functions and emissions re- 10 duction, as well as regional planning; 11 (5) how to take account of the risks of cascading 12 infrastructure failures and develop more holistic ap- 13 proaches to evaluating and mitigating climate risks; 14 (6) how to ensure that investments in infrastruc- 15 ture resilience benefit all communities, including com- 16 munities of color, low-income communities and In- 17 dian Tribes that face a disproportionate risk from cli- 18 mate change and in many cases have experienced 19 long-standing unmet needs and underinvestment in 20 critical infrastructure; 21 (7) how to incorporate capital assessment and 22 planning training and techniques, including a range 23 of financing options to help local and State govern- 24 ments plan for and provide matching funds; 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00643 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 644 •HR 3684 RH (8) how federal agencies can track and monitor 1 federally funded resilient infrastructure in a coordi- 2 nated fashion to help build the understanding of the 3 cost-benefit of resilient infrastructure and to build the 4 capacity for implementing resilient infrastructure; 5 and 6 (9) the occupations, skillsets, training programs, 7 competencies and recognized postsecondary credentials 8 that will be needed to implement such climate-resil- 9 ient transportation infrastructure projects, and how 10 to ensure that any new jobs created by such projects 11 ensure that priority hiring considerations are given 12 to individuals facing barriers to employment, commu- 13 nities of color, low-income communities and Indian 14 Tribes that face a disproportionate risk from climate 15 change and have been excluded from job opportunities. 16 (e) CONSULTATION.—In carrying out the study, the 17 Transportation Research Board— 18 (1) shall convene and consult with a panel of na- 19 tional experts, including operators and users of Fed- 20 eral transportation infrastructure and private sector 21 stakeholders; and 22 (2) is encouraged to consult with— 23 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00644 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 645 •HR 3684 RH (A) representatives from the thirteen federal 1 agencies that comprise the United States Global 2 Change Research Program; 3 (B) representatives from the Department of 4 the Treasury; 5 (C) professional engineers with relevant ex- 6 pertise in infrastructure design; 7 (D) scientists from the National Academies 8 with relevant expertise; 9 (E) scientists, social scientists and experts 10 from academic and research institutions who 11 have expertise in climate change projections and 12 impacts; engineering; architecture; or other rel- 13 evant areas of expertise; 14 (F) licensed architects with relevant experi- 15 ence in infrastructure design; 16 (G) certified planners; 17 (H) representatives of State and local gov- 18 ernments and Indian Tribes; 19 (I) representatives of environmental justice 20 groups; and 21 (J) representatives of labor unions that rep- 22 resent key trades and industries involved in in- 23 frastructure projects. 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00645 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 646 •HR 3684 RH (f) REPORT.—Not later than 3 years after the date of 1 enactment of this Act, the Transportation Research Board 2 shall submit to the Secretary, the Committee on Transpor- 3 tation and Infrastructure of the House of Representatives, 4 and the Committee on Environment and Public Works of 5 the Senate a report on the results of the study conducted 6 under this section. 7 SEC. 1619. NATURAL GAS, ELECTRIC BATTERY, AND ZERO 8 EMISSION VEHICLES. 9 Subsection (s) of section 127 of title 23, United States 10 Code is amended to read as follows: 11 ‘‘(s) NATURAL GAS, ELECTRIC BATTERY, AND ZERO 12 EMISSION VEHICLES.—A vehicle, if operated by an engine 13 fueled primarily by natural gas, powered primarily by 14 means of electric battery power, or fueled primarily by 15 means of other zero emission fuel technologies, may exceed 16 the weight limit on the power unit by up to 2,000 pounds 17 (up to a maximum gross vehicle weight of 82,000 pounds) 18 under this section.’’. 19 SEC. 1620. GUIDANCE ON EVACUATION ROUTES. 20 (a) IN GENERAL.— 21 (1) GUIDANCE.—The Administrator of the Fed- 22 eral Highway Administration, in coordination with 23 the Administrator of the Federal Emergency Manage- 24 ment Agency, and consistent with guidance issued by 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00646 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 647 •HR 3684 RH the Federal Emergency Management Agency pursuant 1 to section 1209 of the Disaster Recovery Reform Act 2 of 2018 (Public Law 115–254), shall revise existing 3 guidance or issue new guidance as appropriate for 4 State and local governments and Indian Tribes re- 5 garding the design, construction, maintenance, ret- 6 rofit, and repair of evacuation routes. 7 (2) CONSIDERATIONS.—In revising or issuing 8 guidance under subsection (a)(1), the Administrator 9 of the Federal Highway Administration shall con- 10 sider— 11 (A) methods that assist evacuation routes 12 to— 13 (i) withstand the effects of hydrostatic 14 and hydrodynamic forces on viability, in- 15 cluding recommendations regarding appro- 16 priate drainage structures or other flood 17 prevention mechanisms to manage 18 stormwater, runoff, and the effect of storm 19 surge; 20 (ii) withstand the risks that flamma- 21 bility poses to viability; 22 (iii) improve durability, strength (in- 23 cluding the ability to withstand tensile 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00647 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 648 •HR 3684 RH stresses and compressive stresses), and sus- 1 tainability; and 2 (iv) provide for long-term cost savings; 3 (B) the ability of evacuation routes to effec- 4 tively manage contraflow operations; 5 (C) for evacuation routes on public lands, 6 the viewpoints of the applicable Federal land 7 management agency regarding emergency oper- 8 ations, sustainability, and resource protection; 9 and 10 (D) such other items the Administrator of 11 the Federal Highway Administration considers 12 appropriate. 13 (3) REPORT.—In the case in which the Adminis- 14 trator of the Federal Highway Administration, in 15 consultation with the Administrator of the Federal 16 Emergency Management Agency, concludes existing 17 guidance addresses the considerations in paragraph 18 (2), The Administrator of the Federal Highway Ad- 19 ministration shall submit to the Committee on Trans- 20 portation and Infrastructure of the House of Rep- 21 resentatives and the Committee on Environment and 22 Public Works of the Senate a detailed report describ- 23 ing how existing guidance addresses such consider- 24 ations. 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00648 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 649 •HR 3684 RH (b) STUDY.— 1 (1) IN GENERAL.—The Administrator of the Fed- 2 eral Highway Administration, in coordination with 3 the Administrator of the Federal Emergency Manage- 4 ment Agency, shall study the vulnerability of evacu- 5 ation routes that are part of the national highway 6 system to the risks of extreme weather, including 7 flooding and storm surge. 8 (2) CONTENTS.—In conducting the study under 9 paragraph (1), the Administrator shall examine— 10 (A) the likelihood of Federal evacuation 11 routes flooding during a 100-year, 500-year, and 12 1000-year weather event; 13 (B) whether Federal evacuation routes that 14 have historically flooded have recovered quickly 15 from extreme weather events; 16 (C) the availability of alternative evacu- 17 ation routes to accommodate the flow of evacuees 18 in the event of an evacuation route becoming im- 19 passable due to flooding; and 20 (D) the impact of impassable evacuation 21 routes on vulnerable individuals, with consider- 22 ation of the return of evacuees after an extreme 23 weather event, including— 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00649 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 650 •HR 3684 RH (i) individuals with a physical or men- 1 tal disability; 2 (ii) individuals in schools, daycare 3 centers, mobile home parks, prisons, nursing 4 homes, and other long-term care facilities 5 and detention centers; 6 (iii) individuals with limited pro- 7 ficiency in English; 8 (iv) the elderly; and 9 (v) individuals who are tourists, sea- 10 sonal workers, or homeless. 11 (3) REPORT.—Not later than 1 year after the 12 date of enactment of this Act, the Administrator shall 13 submit to the Committee on Transportation and In- 14 frastructure of the House of Representatives and the 15 Committee on Commerce, Science, and Transpor- 16 tation of the Senate a report summarizing the study 17 and the results of such study, including identifying 18 which segments of Federal evacuation routes are most 19 vulnerable to becoming impassable due to flooding. 20 SEC. 1621. HIGH PRIORITY CORRIDORS ON NATIONAL HIGH- 21 WAY SYSTEM. 22 (a) IDENTIFICATION.— 23 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00650 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 651 •HR 3684 RH (1) CENTRAL TEXAS CORRIDOR.—Section 1 1105(c)(84) of the Intermodal Surface Transportation 2 Efficiency Act of 1991 is amended to read as follows: 3 ‘‘(84) The Central Texas Corridor, including the 4 route— 5 ‘‘(A) commencing in the vicinity of Texas 6 Highway 338 in Odessa, Texas, running east- 7 ward generally following Interstate Route 20, 8 connecting to Texas Highway 158 in the vicinity 9 of Midland, Texas, then following Texas High- 10 way 158 eastward to United States Route 87 11 and then following United States Route 87 12 southeastward, passing in the vicinity of San 13 Angelo, Texas, and connecting to United States 14 Route 190 in the vicinity of Brady, Texas; 15 ‘‘(B) commencing at the intersection of 16 Interstate Route 10 and United States Route 190 17 in Pecos County, Texas, and following United 18 States Route 190 to Brady, Texas; 19 ‘‘(C) following portions of United States 20 Route 190 eastward, passing in the vicinity of 21 Fort Hood, Killeen, Belton, Temple, Bryan, Col- 22 lege Station, Huntsville, Livingston, Woodville, 23 and Jasper, to the logical terminus of Texas 24 Highway 63 at the Sabine River Bridge at 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00651 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 652 •HR 3684 RH Burrs Crossing and including a loop generally 1 encircling Bryan/College Station, Texas; 2 ‘‘(D) following United States Route 83 3 southward from the vicinity of Eden, Texas, to 4 a logical connection to Interstate Route 10 at 5 Junction, Texas; 6 ‘‘(E) following United States Route 69 from 7 Interstate Route 10 in Beaumont, Texas, north 8 to United States Route 190 in the vicinity of 9 Woodville, Texas; 10 ‘‘(F) following United States Route 96 from 11 Interstate Route 10 in Beaumont, Texas, north 12 to United States Route 190 in the vicinity of 13 Jasper, Texas; and 14 ‘‘(G) following United States Route 190, 15 State Highway 305, and United States Route 16 385 from Interstate Route 10 in Pecos County, 17 Texas to Interstate 20 at Odessa, Texas.’’. 18 (2) CENTRAL LOUISIANA CORRIDOR.—Section 19 1105(c) of the Intermodal Surface Transportation Ef- 20 ficiency Act of 1991 is amended by adding at the end 21 the following: 22 ‘‘(91) The Central Louisiana Corridor com- 23 mencing at the logical terminus of Louisiana High- 24 way 8 at the Sabine River Bridge at Burrs Crossing 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00652 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 653 •HR 3684 RH and generally following portions of Louisiana High- 1 way 8 to Leesville, Louisiana, and then eastward on 2 Louisiana Highway 28, passing in the vicinity of Al- 3 exandria, Pineville, Walters, and Archie, to the log- 4 ical terminus of United States Route 84 at the Mis- 5 sissippi River Bridge at Vidalia, Louisiana.’’. 6 (3) CENTRAL MISSISSIPPI CORRIDOR.—Section 7 1105(c) of the Intermodal Surface Transportation Ef- 8 ficiency Act of 1991, as amended by this Act, is fur- 9 ther amended by adding at the end the following: 10 ‘‘(92) The Central Mississippi Corridor, includ- 11 ing the route— 12 ‘‘(A) commencing at the logical terminus of 13 United States Route 84 at the Mississippi River 14 and then generally following portions of United 15 States Route 84 passing in the vicinity of Natch- 16 ez, Brookhaven, Monticello, Prentiss, and Collins, 17 to Interstate 59 in the vicinity of Laurel, Mis- 18 sissippi, and continuing on Interstate Route 59 19 north to Interstate Route 20 and on Interstate 20 Route 20 to the Mississippi-Alabama State Bor- 21 der; and 22 ‘‘(B) commencing in the vicinity of Laurel, 23 Mississippi, running south on Interstate Route 24 59 to United States Route 98 in the vicinity of 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00653 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 654 •HR 3684 RH Hattiesburg, connecting to United States Route 1 49 south then following United States Route 49 2 south to Interstate Route 10 in the vicinity of 3 Gulfport and following Mississippi Route 601 4 southerly terminating near the Mississippi State 5 Port at Gulfport.’’. 6 (4) MIDDLE ALABAMA CORRIDOR.—Section 7 1105(c) of the Intermodal Surface Transportation Ef- 8 ficiency Act of 1991, as amended by this Act, is fur- 9 ther amended by adding at the end the following: 10 ‘‘(93) The Middle Alabama Corridor including 11 the route— 12 ‘‘(A) beginning at the Alabama-Mississippi 13 Border generally following portions of I–20 until 14 following a new interstate extension paralleling 15 United States Highway 80 specifically: 16 ‘‘(B) crossing Alabama Route 28 near 17 Coatopa, Alabama, traveling eastward crossing 18 United States Highway 43 and Alabama Route 19 69 near Selma, Alabama, traveling eastwards 20 closely paralleling United States Highway 80 to 21 the south crossing over Alabama Routes 22, 41, 22 and 21, until its intersection with I–65 near 23 Hope Hull, Alabama; 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00654 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 655 •HR 3684 RH ‘‘(C) continuing east along the proposed 1 Montgomery Outer Loop south of Montgomery, 2 Alabama where it would next join with I–85 east 3 of Montgomery, Alabama; 4 ‘‘(D) continuing along I–85 east bound 5 until its intersection with United States High- 6 way 280 near Opelika, Alabama or United 7 States Highway 80 near Tuskegee, Alabama; and 8 ‘‘(E) generally following the most expedient 9 route until intersecting with existing United 10 States Highway 80 (JR Allen Parkway) through 11 Phenix City until continuing into Columbus, 12 Georgia.’’. 13 (5) MIDDLE GEORGIA CORRIDOR.—Section 14 1105(c) of the Intermodal Surface Transportation Ef- 15 ficiency Act of 1991, as amended by this Act, is fur- 16 ther amended by adding at the end the following: 17 ‘‘(94) The Middle Georgia Corridor including the 18 route— 19 ‘‘(A) beginning at the Alabama-Georgia 20 Border generally following the Fall Line Free- 21 way from Columbus Georgia to Augusta, Georgia 22 specifically: 23 ‘‘(B) travelling along United States Route 24 80 (JR Allen Parkway) through Columbus, Geor- 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00655 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 656 •HR 3684 RH gia and near Fort Benning, Georgia, east to Tal- 1 bot County, Georgia where it would follow Geor- 2 gia Route 96, then commencing on Georgia 3 Route 49C (Fort Valley Bypass) to Georgia 4 Route 49 (Peach Parkway) to its intersection 5 with Interstate route 75 in Byron, Georgia; 6 ‘‘(C) continuing north along Interstate 7 Route 75 through Warner Robins and Macon, 8 Georgia where it would meet Interstate Route 16. 9 Following Interstate 16 east it would next join 10 United States Route 80 and then onto State 11 Route 57; and 12 ‘‘(D) commencing with State Route 57 13 which turns into State Route 24 near 14 Milledgeville, Georgia would then bypass Wrens, 15 Georgia with a newly constructed bypass. After 16 the bypass it would join United States Route 1 17 near Fort Gordon into Augusta, Georgia where 18 it will terminate at Interstate Route 520.’’. 19 (6) LOUISIANA CAPITAL REGION.—Section 20 1105(c) of the Intermodal Surface Transportation Ef- 21 ficiency Act of 1991, as amended by this Act, is fur- 22 ther amended by adding at the end the following: 23 ‘‘(95) The Louisiana Capital Region High Pri- 24 ority Corridor, which shall generally follow— 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00656 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 657 •HR 3684 RH ‘‘(A) Interstate 10, between its intersections 1 with Interstate 12 and Louisiana Highway 415; 2 ‘‘(B) Louisiana Highway 415, between its 3 intersections with Interstate 10 and United 4 States route 190; 5 ‘‘(C) United States route 190, between its 6 intersections with Louisiana Highway 415 and 7 intersection with Interstate 110; 8 ‘‘(D) Interstate 110, between its intersec- 9 tions with United States route 190 and Inter- 10 state 10; 11 ‘‘(E) Louisiana Highway 30, near St. Ga- 12 briel, LA and its intersections with Interstate 10; 13 ‘‘(F) Louisiana Highway 1, near White 14 Castle, LA and its intersection with Interstate 15 10; and 16 ‘‘(G) A bridge connecting Louisiana High- 17 way 1 with Louisiana Highway 30, south of the 18 Interstate described in subparagraph (A).’’. 19 (b) INCLUSION OF CERTAIN SEGMENTS ON INTER- 20 STATE SYSTEM.—Section 1105(e)(5)(A) of the Intermodal 21 Surface Transportation Efficiency Act of 1991 is amend- 22 ed— 23 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00657 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 658 •HR 3684 RH (1) by inserting ‘‘subclauses (I) through (IX) of 1 subsection (c)(38)(A)(i), subsection (c)(38)(A)(iv),’’ 2 after ‘‘subsection (c)(37),’’; 3 (2) by inserting ‘‘subsection (c)(84),’’ after ‘‘sub- 4 section (c)(83),’’; and 5 (3) by striking ‘‘and subsection (c)(91)’’ and in- 6 serting ‘‘subsection (c)(91), subsection (c)(92), sub- 7 section (c)(93), subsection (c)(94), subsection (c)(95), 8 and subsection (c)(96)’’. 9 (c) DESIGNATION.—Section 1105(e)(5)(C) of the Inter- 10 modal Surface Transportation Efficiency Act of 1991 is 11 amended by striking ‘‘The route referred to in subsection 12 (c)(84) is designated as Interstate Route I–14.’’ and insert- 13 ing ‘‘The route referred to in subsection (c)(84)(A) is des- 14 ignated as Interstate Route I–14 North. The route referred 15 to in subsection (c)(84)(B) is designated as Interstate Route 16 I–14 South. The Bryan/College Station, Texas loop referred 17 to in subsection (c)(84) is designated as Interstate Route 18 I–214. The routes referred to in subparagraphs (C), (D), 19 (E), (F), and (G) of subsection (c)(84) and in subsections 20 (c)(91), (c)(92), (c)(93), and (c)(94) are designated as Inter- 21 state Route I–14.’’. 22 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00658 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 659 •HR 3684 RH SEC. 1622. GUIDANCE ON INUNDATED AND SUBMERGED 1 ROADS. 2 (a) GUIDANCE.—The Administrator of the Federal 3 Highway Administration, in coordination with the Admin- 4 istrator of the Federal Emergency Management Agency, 5 shall review the guidance issued pursuant to section 1228 6 of the Disaster Recovery Reform Act of 2018 (Public Law 7 115–254), and revise or issue new guidance regarding re- 8 pair, restoration, and replacement of inundated and sub- 9 merged roads damaged or destroyed by a major disaster de- 10 clared pursuant to the Robert T. Stafford Disaster Relief 11 and Emergency Assistance Act (42 U.S.C. 5121 et seq.) with 12 respect to roads eligible for assistance under Federal High- 13 way Administration programs. 14 (b) CONSIDERATIONS.—In revising or issuing new 15 guidance under subsection (a), the Administrator shall con- 16 sider methods of repair, restoration, and replacement of 17 damaged or destroyed roads that— 18 (1) improve the ability of a previously inundated 19 or submerged road to withstand the effects of hydro- 20 static and hydrodynamic forces, including 21 stormwater, runoff, or storm surge; and 22 (2) provide for long-term cost savings. 23 SEC. 1623. DRY BULK WEIGHT TOLERANCE. 24 Section 127 of title 23, United States Code, is amended 25 by adding at the end the following: 26 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00659 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 660 •HR 3684 RH ‘‘(v) DRY BULK WEIGHT TOLERANCE.— 1 ‘‘(1) DEFINITION OF DRY BULK GOODS.—In this 2 subsection, the term ‘dry bulk goods’ means any ho- 3 mogeneous unmarked nonliquid cargo being trans- 4 ported in a trailer specifically designed for that pur- 5 pose. 6 ‘‘(2) WEIGHT TOLERANCE.—Notwithstanding 7 any other provision of this section, except for the 8 maximum gross vehicle weight limitation, a commer- 9 cial motor vehicle transporting dry bulk goods may 10 not exceed 110 percent of the maximum weight on 11 any axle or axle group described in subsection (a), in- 12 cluding any enforcement tolerance.’’. 13 SEC. 1624. HIGHWAY USE TAX EVASION PROJECTS. 14 Section 143(b)(2)(A) of title 23, United States Code, 15 is amended by striking ‘‘2016 through 2020’’ and inserting 16 ‘‘2023 through 2026’’. 17 SEC. 1625. LABOR STANDARDS. 18 It is the policy of the United States that funds author- 19 ized or made available by this Act, or the amendments made 20 by this Act, should not be used to purchase products pro- 21 duced whole or in part through the use of child labor, as 22 such term is defined in Article 3 of the International Labor 23 Organization Convention concerning the prohibition and 24 immediate action for the elimination of the worst forms of 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00660 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 661 •HR 3684 RH child labor (December 2, 2000), or in violation of human 1 rights. 2 SEC. 1626. CLIMATE RESILIENCY REPORT BY GAO. 3 (a) IN GENERAL.—Not later than 1 year after the date 4 of enactment of this Act, and every 5 years thereafter, the 5 Comptroller General of the United States shall evaluate and 6 issue a report to Congress on the economic benefits, includ- 7 ing avoided impacts on property and life, of the use of 8 model, consensus-based building codes, standards, and pro- 9 visions that support resilience to climate risks and impacts, 10 including— 11 (1) flooding; 12 (2) wildfires; 13 (3) hurricanes; 14 (4) heat waves; 15 (5) droughts; 16 (6) rises in sea level; and 17 (7) extreme weather. 18 (b) REPORT ISSUES.—The report required under sub- 19 section (a) shall include the following: 20 (1) An assessment of the status of adoption of 21 building codes, standards, and provisions within the 22 States, territories, and tribes at the State or jurisdic- 23 tional level; including whether the adopted codes meet 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00661 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 662 •HR 3684 RH or exceed the most recent published edition of a na- 1 tional, consensus-based model code. 2 (2) An analysis of the extent to which pre-dis- 3 aster mitigation measures provide benefits to the na- 4 tion and individual States, territories and tribes, in- 5 cluding— 6 (A) an economic analysis of the benefits to 7 the design and construction of new resilient in- 8 frastructure; 9 (B) losses avoided, including economic 10 losses, number of structures (buildings, roads, 11 bridges), and injuries and deaths by utilizing 12 building codes and standards that prioritize re- 13 siliency; and 14 (C) an economic analysis of the benefits to 15 using hazard resistant building codes in rebuild- 16 ing and repairing infrastructure following a dis- 17 aster. 18 (3) An assessment of the building codes and 19 standards referenced or otherwise currently incor- 20 porated into Federal policies and programs, including 21 but not limited to grants, incentive programs, tech- 22 nical assistance and design and construction criteria, 23 administered by the Federal Emergency Management 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00662 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 663 •HR 3684 RH Agency (hereinafter referred to as ‘‘FEMA’’), includ- 1 ing— 2 (A) the extent to which such codes and 3 standards contribute to increasing climate resil- 4 iency; 5 (B) recommendations for how FEMA could 6 improve their use of codes and standards to pre- 7 pare for climate change and address resiliency in 8 housing, public buildings, and infrastructure 9 such as roads and bridges; and 10 (C) how FEMA could increase efforts to 11 support the adoption of hazard resistant codes by 12 the States, territories, and Indian Tribes. 13 (4) Recommendations for FEMA on how to bet- 14 ter incorporate climate resiliency into efforts to re- 15 build after natural disasters. 16 SEC. 1627. DESIGNATION OF JOHN R. LEWIS VOTING 17 RIGHTS HIGHWAY. 18 (a) DESIGNATION.—The portion of United States 19 Route 80 from Selma, Alabama to Montgomery, Alabama 20 shall be known as the ‘‘John R. Lewis Voting Rights High- 21 way’’. 22 (b) REFERENCES.—Any reference in a law, map, regu- 23 lation, document, paper, or other record of the United 24 States to the portion of United States Route 80 from Selma, 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00663 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 664 •HR 3684 RH Alabama to Montgomery, Alabama is deemed to be a ref- 1 erence to the ‘‘John R. Lewis Voting Rights Highway’’. 2 SEC. 1628. GAO STUDY ON CAPITAL NEEDS OF PUBLIC FER- 3 RIES. 4 (a) IN GENERAL.—The Comptroller General of the 5 United States shall conduct a study on the capital invest- 6 ment needs of United States public ferries and how Federal 7 funding programs are meeting such needs. 8 (b) CONSIDERATIONS.—In carrying out the study 9 under subsection (a), the Comptroller General shall examine 10 the feasibility of including United States public ferries in 11 the conditions and performance report of the Department 12 of Transportation. 13 (c) REPORT TO CONGRESS.—Not later than 1 year 14 after the date of enactment of this Act, the Comptroller Gen- 15 eral shall submit to Congress a report describing the results 16 of the study described in subsection (a), including any rec- 17 ommendations for how to include ferries in the conditions 18 and performance report of the Department of Transpor- 19 tation. 20 SEC. 1629. USE OF MODELING AND SIMULATION TECH- 21 NOLOGY. 22 It is the sense of Congress that the Department of 23 Transportation should utilize, to the fullest and most eco- 24 nomically feasible extent practicable, modeling and simula- 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00664 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 665 •HR 3684 RH tion technology to analyze highway and public transpor- 1 tation projects authorized by this Act and the amendments 2 made by this Act to ensure that these projects— 3 (1) increase transportation capacity and safety, 4 alleviate congestion, and reduce travel time and envi- 5 ronmental impacts; and 6 (2) are as cost effective as practicable. 7 SEC. 1630. GAO STUDY ON PER-MILE USER FEE EQUITY. 8 (a) ESTABLISHMENT.—Not later than 2 years after the 9 date of enactment of this Act, the Comptroller General of 10 the United States shall carry out a study on the impact 11 of equity issues associated with per-mile user fee funding 12 systems on the surface transportation system. 13 (b) CONTENTS.—The study under subsection (a) shall 14 include the following with respect to per-mile user fee sys- 15 tems: 16 (1) The financial, social, and other impacts of 17 per-mile user fee systems on individuals, low-income 18 individuals, and individuals of different races. 19 (2) The impact that access to alternative modes 20 of transportation, including public transportation, 21 has in carrying out per-mile user fee systems. 22 (3) The ability to access jobs and services, which 23 may include healthcare facilities, child care, edu- 24 cation and workforce training, food sources, banking 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00665 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 666 •HR 3684 RH and other financial institutions, and other retail 1 shopping establishments. 2 (4) Equity issues for low-income individuals in 3 urban and rural areas. 4 (5) Any differing impacts on passenger vehicles 5 and commercial vehicles. 6 (c) INCLUSIONS.—In carrying out the study under 7 subsection (a), the Comptroller General shall include an 8 analysis of the following programs: 9 (1) The State surface transportation system 10 funding pilot program under section 6020 of the 11 FAST Act; and 12 (2) The national surface transportation system 13 funding pilot under section 5402 of this Act. 14 (d) REPORT.—Not later than 2 years after the date 15 of the enactment after this Act, the Comptroller General 16 shall submit to the Committee on Transportation and In- 17 frastructure of the House of Representatives and the Com- 18 mittee on Environment and Public Works of the Senate, 19 and make publicly available, a report containing the results 20 of the study under subsection (a), including recommenda- 21 tions for how to equitably implement per-mile user fee sys- 22 tems. 23 (e) DEFINITIONS.— 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00666 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 667 •HR 3684 RH (1) PER-MILE USER FEE.—The term ‘‘per-mile 1 user fee’’ means a revenue mechanism that— 2 (A) is applied to road users operating 3 motor vehicles on the surface transportation sys- 4 tem; and 5 (B) is based on the number of vehicle miles 6 traveled by an individual road user. 7 (2) COMMERCIAL VEHICLE.—The term ‘‘commer- 8 cial vehicle’’ has the meaning given the term commer- 9 cial motor vehicle in section 31101 of title 49, United 10 States Code. 11 SEC. 1631. GAO REVIEW OF EQUITY CONSIDERATIONS AT 12 STATE DOTS. 13 (a) REVIEW REQUIRED.—Not later than 1 year after 14 the date of enactment of this Act, the Comptroller General 15 shall undertake a review of the extent to which State depart- 16 ments of transportation have in place best practices, stand- 17 ards, and protocols designed to ensure equity considerations 18 in transportation planning, project selection, and project 19 delivery, including considerations of the diverse transpor- 20 tation needs of low-income populations, minority popu- 21 lations, and other diverse populations. 22 (b) EVALUATION.—After the completion of the review 23 under subsection (a), the Comptroller General shall issue 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00667 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 668 •HR 3684 RH and make available on a publicly accessible Website a re- 1 port detailing— 2 (1) findings based on the review in subsection 3 (a); 4 (2) a comprehensive set of recommendations for 5 State departments of transportation to improve eq- 6 uity considerations, which may include model legisla- 7 tion, best practices, or guidance; and 8 (3) any recommendations to Congress for addi- 9 tional statutory authority needed to support State de- 10 partment of transportation efforts to incorporate eq- 11 uity considerations into transportation planning, 12 project selection, and project delivery. 13 (c) REPORT.—After completing the review and evalua- 14 tion required under subsections (a) and (b), and not later 15 than 2 years after the date of enactment of this Act, the 16 Comptroller General shall make available on a publicly ac- 17 cessible Website, a report that includes— 18 (1) findings based on the review conducted under 19 subsection (a); 20 (2) the outcome of the evaluation conducted 21 under subsection (b); 22 (3) a comprehensive set of recommendations to 23 improve equity considerations in the public transpor- 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00668 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 669 •HR 3684 RH tation industry, including recommendations for statu- 1 tory changes if applicable; and 2 (4) the actions that the Secretary of Transpor- 3 tation could take to effectively address the rec- 4 ommendations provided under paragraph (3). 5 SEC. 1632. STUDY ON EFFECTIVENESS OF SUICIDE PREVEN- 6 TION NETS AND BARRIERS FOR STRUCTURES 7 OTHER THAN BRIDGES. 8 (a) STUDY.—The Comptroller General of the United 9 States shall conduct a study to identify— 10 (1) the types of structures, other than bridges, 11 that attract a high number of individuals attempting 12 suicide-by-jumping; 13 (2) the characteristics that distinguish structures 14 identified under paragraph (1) from similar struc- 15 tures that do not attract a high number of individ- 16 uals attempting suicide-by-jumping; 17 (3) the types of nets or barriers that are effective 18 at reducing suicide-by-jumping with respect to the 19 structures identified under paragraph (1); 20 (4) methods of reducing suicide-by-jumping with 21 respect to the structures identified under paragraph 22 (1) other than nets and barriers; 23 (5) quantitative measures of the effectiveness of 24 the nets and barriers identified under paragraph (3); 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00669 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 670 •HR 3684 RH (6) quantitative measures of the effectiveness of 1 the additional methods identified under paragraph 2 (4); 3 (7) the entities that typically install the nets and 4 barriers identified under paragraph (3); and 5 (8) the costs of the nets and barriers identified 6 under paragraph (3). 7 (b) REPORT.—Not later than 1 year after the date of 8 the enactment of this Act, the Comptroller General shall 9 submit to the Committee on Transportation and Infrastruc- 10 ture of the House of Representatives and the Committee on 11 Commerce, Science, and Transportation of the Senate a re- 12 port on the results of the study conducted under subsection 13 (a). 14 SEC. 1633. TRANSPORTATION PLANNING ACTIVITIES. 15 The Secretary or Transportation shall take all reason- 16 able efforts to provide assistance for an Olympic or 17 Paralympic event, or a Special Olympics International 18 event, including the following: 19 (1) Planning activities of States and metropoli- 20 tan planning organizations and transportation 21 projects relating to an international Olympic or 22 Paralympic event, or a Special Olympics Inter- 23 national event, under sections 134 and 135 of title 23, 24 United States Code. 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00670 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 671 •HR 3684 RH (2) Developing intermodal transportation plans 1 necessary for the projects, in coordination with State 2 and local transportation agencies. 3 (3) Efforts to expedite review and comment by 4 the Department of Transportation on any required 5 submittals pertaining to an Olympic or Paralympic 6 event or a Special Olympics International event. 7 (4) Providing technical assistance. 8 SEC. 1634. BETTER UTILIZING INFRASTRUCTURE FOR LAST- 9 ING DEVELOPMENT OF VETERANS BUSI- 10 NESSES ACT. 11 (a) DEFINITIONS.—In this section, the following defi- 12 nitions apply: 13 (1) SMALL BUSINESS CONCERN.—The term 14 ‘‘small business concern’’ has the meaning given the 15 term in section 3 of the Small Business Act (15 16 U.S.C. 632). 17 (2) VETERAN.—The term ‘‘veteran’’ has the 18 meaning given the term in section 101(2) of title 38, 19 United States Code. 20 (3) VETERAN OWNED SMALL BUSINESS CON- 21 CERN.—The term ‘‘veteran owned small business con- 22 cern’’ has the meaning given the term ‘‘small business 23 concern owned and controlled by veterans’’ in section 24 3(q) of the Small Business Act (15 U.S.C. 632 (q)). 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00671 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 672 •HR 3684 RH (b) AMOUNTS FOR VETERAN OWNED SMALL BUSINESS 1 CONCERNS.—Except to the extent that the Secretary of 2 Transportation determines otherwise, not less than 3 per- 3 cent of the amounts made available for any program under 4 titles I, II, V, and VII of this division and section 403 of 5 title 23, United States Code, shall be expended through vet- 6 eran owned small business concerns. 7 (c) UNIFORM CRITERIA.—The Secretary shall establish 8 minimum uniform criteria for use by State governments 9 in certifying whether a concern qualifies as a veteran owned 10 small business concern for the purpose of this section. Such 11 criteria shall include a limit on the personal net worth of 12 the veterans who own and control the small business con- 13 cern. 14 (d) REPORTING.—The Secretary shall establish min- 15 imum requirements for use by State government in report- 16 ing to the Secretary— 17 (1) information concerning veteran owned small 18 business concern awards, commitments, and achieve- 19 ment; and 20 (2) such other information as the Secretary de- 21 termined to be appropriate for the proper monitoring 22 of the veterans business enterprise program. 23 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00672 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 673 •HR 3684 RH SEC. 1635. VEHICLE WEIGHT LIMITATIONS. 1 Section 127(i)(1)(A) of title 23, United States Code, 2 is amended by inserting ‘‘an emergency or’’ before ‘‘a major 3 disaster’’. 4 SEC. 1636. ROADWAY WORKER PROTECTION WORKING 5 GROUP. 6 (a) ESTABLISHMENT.—Not later than 180 days after 7 the date of enactment of this Act, the Secretary of Transpor- 8 tation shall establish a working group (in this section re- 9 ferred to as the ‘‘Working Group’’) to review the methods, 10 practices, and technologies necessary to protect workers in 11 roadway work zones. 12 (b) MEMBERSHIP.— 13 (1) APPOINTMENT.—The Secretary shall appoint 14 to the Working Group individuals with knowledge 15 and expertise in roadway safety. 16 (2) REPRESENTATION.—The Working group 17 shall include at least one representative of each of the 18 following: 19 (A) State departments of transportation. 20 (B) Local governments or metropolitan 21 planning organizations. 22 (C) Temporary traffic control organiza- 23 tions. 24 (D) Roadway user organizations. 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00673 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 674 •HR 3684 RH (E) Vehicle and commercial vehicle manu- 1 facturers. 2 (F) Labor organizations. 3 (G) Traffic safety organizations. 4 (H) Motor carrier and independent owner- 5 operator organizations. 6 (I) Law enforcement and first responder or- 7 ganizations. 8 (J) Autonomous vehicle technology compa- 9 nies. 10 (K) Any other stakeholders that the Sec- 11 retary determines appropriate. 12 (3) TERMINATION.—The Working Group shall 13 terminate 6 months after the date on which the Sec- 14 retary receives the report under subsection (f)(1). 15 (c) DUTIES.—In carrying out the review required 16 under subsection (a), the Working Group shall— 17 (1) evaluate and analyze current work zone safe- 18 ty and worker protection traffic control best practices; 19 (2) identify causes of work zone injuries and fa- 20 talities; 21 (3) identify and evaluate technologies related to 22 vehicle interaction with work zones and workers in 23 work zones; and 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00674 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 675 •HR 3684 RH (4) identify challenges for transportation con- 1 struction project sponsors regarding improving work 2 zone safety. 3 (d) CONSULTATION.—In carrying out the review re- 4 quired under subsection (a), the Working Group shall con- 5 sult with— 6 (1) transportation construction contractor orga- 7 nizations; 8 (2) roadway and roadway safety equipment 9 manufacturer organizations; 10 (3) academic experts; and 11 (4) any other stakeholder the Working Group de- 12 termines appropriate. 13 (e) REPORTS.— 14 (1) WORKING GROUP REPORT.—Not later than 2 15 years after the date on which the Working Group is 16 established, the Working Group shall submit to the 17 Secretary a report that includes— 18 (A) the findings of the review required 19 under subsection (a), including a summary of 20 any comments received during the consultation 21 process under subsection (d); and 22 (B) recommendations on safety counter- 23 measures, technologies, programs and policies for 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00675 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 676 •HR 3684 RH the Department of Transportation to improve 1 roadway work zone safety and practices. 2 (2) REPORT TO CONGRESS.—Not later than 1 3 month after the date on which the Secretary receives 4 a report under paragraph (1), the Secretary shall 5 submit to the Committee on Transportation and In- 6 frastructure of the House of Representatives and the 7 Committee on Environment and Public Works of the 8 Senate a summary of the report. 9 SEC. 1637. GAO STUDY ON NATURE-BASED SOLUTIONS FOR 10 COASTAL HIGHWAY RESILIENCE. 11 (a) STUDY.—The Comptroller General of the United 12 States shall conduct a study on the utilization of nature- 13 based solutions for improving the resilience of coastal high- 14 ways and bridges. 15 (b) CONTENTS.—In conducting the study under sub- 16 section (a), the Comptroller General shall examine— 17 (1) the resiliency benefits of nature-based fea- 18 tures that work in conjunction with structural fea- 19 tures to protect coastal highways and bridges by re- 20 ducing the impacts of floods or other risks of extreme 21 weather; 22 (2) the ecological benefits of nature-based features 23 for habitat restoration, water quality improvements, 24 and recreational aesthetics; 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00676 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 677 •HR 3684 RH (3) any potential savings to taxpayers over the 1 lifecycles of roadways produced by an integrated ap- 2 proach to resilience against extreme weather; 3 (4) the utilization rates for integrated nature- 4 based solutions among transportation agencies; and 5 (5) any barriers to the use of nature-based solu- 6 tions by transportation agencies to improve the resil- 7 ience of coastal roads and bridges. 8 (c) REPORT.—Not later than 1 year after the date of 9 enactment of this Act, the Comptroller General shall submit 10 to the Committee on Transportation and Infrastructure of 11 the House of Representatives and the Committee on Com- 12 merce, Science, and Transportation of the Senate a report 13 summarizing the study under subsection (a) and the results 14 of such study, including recommendations for how the Fed- 15 eral Highway Administration can encourage transpor- 16 tation agencies to use natural and nature-based features to 17 improve the resilience of coastal highways and bridges. 18 SEC. 1638. PROHIBITION ON THE USE OF CIVIL PENALTIES 19 FOR CAMPAIGN FINANCE. 20 No amounts may be assessed on funds collected pursu- 21 ant to section 5309 of this Act or section 20704, 20171, 22 20174, or 80502 of title 49, United States Code, (as added 23 by this Act) for purposes of making payments in support 24 of a campaign for election for the office of Senator or Rep- 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00677 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 678 •HR 3684 RH resentative in, or Delegate or Resident Commissioner to, 1 Congress. 2 SEC. 1639. REPEAL OF PILOT PROGRAM. 3 Section 325 of title 23, United States Code, is repealed. 4 SEC. 1640. TECHNICAL CORRECTIONS. 5 (a) IN GENERAL.— Title 23, United States Code, is 6 amended as follows: 7 (1) NAME CORRECTION.—Section 8 101(a)(16)(C),as amended, is amended by striking 9 ‘‘United States Customs and Immigration Services’’ 10 and inserting ‘‘ U.S. Customs and Border Protec- 11 tion’’. 12 (2) TRANSFER OF FUNDS.—Section 104(f)(3) is 13 amended— 14 (A) in subparagraph (A), by striking ‘‘the 15 Federal Highway Administration’’ and inserting 16 ‘‘an operating administration of the Department 17 of Transportation’’; and 18 (B) in the paragraph heading, by striking 19 ‘‘Federal Highway Administration’’ and insert- 20 ing ‘‘an operating administration of the Depart- 21 ment of Transportation’’. 22 (3) TERMS AND CONDITIONS.—Section 23 108(c)(3)(F) is amended— 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00678 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 679 •HR 3684 RH (A) by inserting ‘‘of 1969 (42 U.S.C. 4321 1 et seq.)’’ after ‘‘Policy Act’’; and 2 (B) by striking ‘‘this Act’’ and inserting 3 ‘‘this title’’. 4 (4) EXCLUSION.—Section 112(b)(2) is amended 5 in subparagraph (F) by striking ‘‘(F)’’ and all that 6 follows through ‘‘Subparagraphs’’ and inserting ‘‘(F) 7 Subparagraphs’’. 8 (5) REFERENCE TO STATEWIDE TRANSPOR- 9 TATION IMPROVEMENT PROGRAM.—Section 115(c) is 10 amended by striking ‘‘135(f)’’ and inserting ‘‘135(g)’’. 11 (6) OPPORTUNITY FOR COMMENT.—Section 12 134(j) is amended by striking ‘‘subsection (i)(5)’’ both 13 places it appears and inserting ‘‘subsection (i)(6)’’. 14 (7) PERFORMANCE-BASED APPROACH.—Section 15 135(f)(7)(B) is amended by striking the semicolon at 16 the end and inserting a period. 17 (8) EFFICIENT ENVIRONMENTAL REVIEWS FOR 18 PROJECT DECISIONMAKING.—Section 139 is amend- 19 ed— 20 (A) in subsection (b)(1) by inserting ‘‘(42 21 U.S.C. 4321 et seq.)’’ after ‘‘of 1969’’; 22 (B) in subsection (c) by inserting ‘‘(42 23 U.S.C. 4321 et seq.)’’ after ‘‘of 1969’’ each place 24 it appears; and 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00679 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 680 •HR 3684 RH (C) in subsection (k)(2) by inserting ‘‘(42 1 U.S.C. 4321 et seq.)’’ after ‘‘of 1969’’. 2 (9) NONDISCRIMINATION.—Section 140(a) is 3 amended, in the third sentence, by inserting a comma 4 after ‘‘Secretary’’. 5 (10) PUBLIC TRANSPORTATION.—Section 142 is 6 amended by striking subsection (i). 7 (11) CONGESTION MITIGATION AND AIR QUALITY 8 IMPROVEMENT PROGRAM.—Section 149 is amended— 9 (A) in subsection (b)(1)(A)(ii) by striking ‘‘; 10 or,’’ and inserting ‘‘; or’’; and 11 (B) in subsection (g)(2)(B) by striking the 12 semicolon at the end and inserting ‘‘; and’’. 13 (12) TRIBAL TRANSPORTATION PROGRAM DATA 14 COLLECTION.—Section 201(c)(6)(A)(ii) is amended by 15 striking ‘‘(25 U.S.C. 450 et seq.)’’ and inserting ‘‘(25 16 U.S.C. 5301 et seq.)’’. 17 (13) TRIBAL TRANSPORTATION PROGRAM.—Sec- 18 tion 202 is amended— 19 (A) by striking ‘‘(25 U.S.C. 450 et seq.)’’ 20 each place it appears and inserting ‘‘(25 U.S.C. 21 5301 et seq.)’’; 22 (B) in subsection (a)(10)(B) by striking 23 ‘‘(25 U.S.C. 450e(b))’’ and inserting ‘‘(25 U.S.C. 24 5307(b))’’; and 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00680 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 681 •HR 3684 RH (C) in subsection (b)— 1 (i) in paragraph (5) in the matter pre- 2 ceding subparagraph (A) by inserting ‘‘the’’ 3 after ‘‘agreement under’’; and 4 (ii) in paragraph (6)(A) by inserting 5 ‘‘the’’ after ‘‘in accordance with’’. 6 (14) PERMISSIBLE USES OF RECREATIONAL 7 TRAILS PROGRAM APPORTIONED FUNDS.—Section 8 206(d)(2)(G) is amended by striking ‘‘use of rec- 9 reational trails’’ and inserting ‘‘uses of recreational 10 trails’’. 11 (15) TRIBAL TRANSPORTATION SELF-GOVERN- 12 ANCE PROGRAM.—Section 207 is amended— 13 (A) in subsection (g)— 14 (i) by striking ‘‘(25 U.S.C. 450j–1)’’ 15 and inserting ‘‘(25 U.S.C. 5325)’’; and 16 (ii) by striking ‘‘(25 U.S.C. 450j-1(f))’’ 17 and inserting ‘‘(25 U.S.C. 5325(f))’’; 18 (B) in subsection (l)— 19 (i) in paragraph (1), by striking ‘‘(25 20 U.S.C. 458aaa–5)’’ and inserting ‘‘(25 21 U.S.C. 5386)’’; 22 (ii) in paragraph (2), by striking ‘‘(25 23 U.S.C. 458aaa–6)’’ and inserting ‘‘(25 24 U.S.C. 5387)’’; 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00681 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 682 •HR 3684 RH (iii) in paragraph (3), by striking 1 ‘‘(25 U.S.C. 458aaa–7)’’ and inserting ‘‘(25 2 U.S.C. 5388)’’; 3 (iv) in paragraph (4), by striking ‘‘(25 4 U.S.C. 458aaa–9)’’ and inserting ‘‘(25 5 U.S.C. 5390)’’; 6 (v) in paragraph (5), by striking ‘‘(25 7 U.S.C. 458aaa–10)’’ and inserting ‘‘(25 8 U.S.C. 5391)’’; 9 (vi) in paragraph (6), by striking ‘‘(25 10 U.S.C. 458aaa–11)’’ and inserting ‘‘(25 11 U.S.C. 5392)’’; 12 (vii) in paragraph (7), by striking 13 ‘‘(25 U.S.C. 458aaa–14)’’ and inserting 14 ‘‘(25 U.S.C. 5395)’’; 15 (viii) in paragraph (8), by striking 16 ‘‘(25 U.S.C. 458aaa–15)’’ and inserting 17 ‘‘(25 U.S.C. 5396)’’; and 18 (ix) in paragraph (9), by striking ‘‘(25 19 U.S.C. 458aaa–17)’’ and inserting ‘‘(25 20 U.S.C. 5398)’’; and 21 (C) in subsection (m)(2)— 22 (i) by striking ‘‘505’’ and inserting 23 ‘‘501’’; and 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00682 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 683 •HR 3684 RH (ii) by striking ‘‘(25 U.S.C. 450b; 1 458aaa)’’ and inserting ‘‘(25 U.S.C. 5304; 2 5381)’’. 3 (16) BUY AMERICA.—Section 313 is amended— 4 (A) in subsection (e)(2) by striking 5 ‘‘States;’’ and inserting ‘‘States,’’; and 6 (B) in subsection (f)(1) by striking ‘‘, and’’ 7 and inserting ‘‘; and’’. 8 (17) PROCEDURES FOR A GIFT OR DONATION.— 9 Section 323(d) is amended in the matter preceding 10 paragraph (1) by inserting ‘‘(42 U.S.C. 4321 et seq.)’’ 11 after ‘‘of 1969’’. 12 (18) HIGHWAY SAFETY PROGRAMS.—Section 13 402(b)(1)(E) is amended by striking the semicolon at 14 the end and inserting ‘‘; and’’. 15 (19) USE OF FREIGHT CAPACITY BUILDING PRO- 16 GRAM FUNDS.—Section 504(g)(6) is amended by 17 striking ‘‘make grants or to’’ and inserting ‘‘make 18 grants to’’. 19 (20) DEVELOPMENT PHASE ACTIVITIES.—Section 20 602(e) is amended by striking ‘‘601(a)(1)(A)’’ and in- 21 serting ‘‘601(a)(2)(A)’’. 22 (b) CLERICAL AMENDMENTS.— 23 (1) IN GENERAL.—The table of contents for title 24 23, United States Code, is amended in the item relat- 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00683 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 684 •HR 3684 RH ing to chapter 1 by striking ‘‘FEDERAL AID 1 HIGHWAYS’’ and inserting ‘‘FEDERAL-AID 2 HIGHWAYS’’. 3 (2) CHAPTER 3.—The analysis for chapter 3 of 4 title 23, United States Code, is amended by striking 5 the item relating to section 325. 6 TITLE II—PUBLIC 7 TRANSPORTATION 8 Subtitle A—Federal Transit 9 Administration 10 SEC. 2101. AUTHORIZATIONS. 11 (a) IN GENERAL.—Section 5338 of title 49, United 12 States Code, is amended to read as follows: 13 ‘‘§ 5338. Authorizations 14 ‘‘(a) GRANTS.— 15 ‘‘(1) IN GENERAL.—There shall be available from 16 the Mass Transit Account of the Highway Trust Fund 17 to carry out sections 5305, 5307, 5308, 5310, 5311, 18 5312, 5314, 5318, 5320, 5328, 5335, 5337, 5339, and 19 5340— 20 ‘‘(A) $17,894,460,367 for fiscal year 2023; 21 ‘‘(B) $18,201,940,770 for fiscal year 2024; 22 ‘‘(C) $18,551,676,708 for fiscal year 2025; 23 and 24 ‘‘(D) $18,901,573,693 for fiscal year 2026. 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00684 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 685 •HR 3684 RH ‘‘(2) ALLOCATION OF FUNDS.—Of the amounts 1 made available under paragraph (1)— 2 ‘‘(A) $189,879,151 for fiscal year 2023, 3 $192,841,266 for fiscal year 2024, $195,926,726 4 for fiscal year 2025, and $199,002,776 for fiscal 5 year 2026, shall be available to carry out section 6 5305; 7 ‘‘(B) $7,505,830,848 for fiscal year 2023, 8 $7,622,921,809 for fiscal year 2024, 9 $7,744,888,558 for fiscal year 2025, and 10 $7,866,483,309 for fiscal year 2026 shall be allo- 11 cated in accordance with section 5336 to provide 12 financial assistance for urbanized areas under 13 section 5307; 14 ‘‘(C) $101,510,000 for fiscal year 2023, 15 $103,093,556 for fiscal year 2024, $104,743,053 16 for fiscal year 2025, and $106,387,519 for fiscal 17 year 2026 shall be available for grants under sec- 18 tion 5308; 19 ‘‘(D) $434,830,298 for fiscal year 2023, 20 $441,613,651 for fiscal year 2024, $448,679,469 21 for fiscal year 2025, and $455,723,737 for fiscal 22 year 2026 shall be available to carry out section 23 5310, of which not less than— 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00685 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 686 •HR 3684 RH ‘‘(i) $5,075,500 for fiscal year 2023, 1 $5,154,678 for fiscal year 2024, $5,237,153 2 for fiscal year 2025, and $5,319,376 for fis- 3 cal year 2026 shall be available to carry out 4 section 5310(j); and 5 ‘‘(ii) $20,302,000 for fiscal year 2023, 6 $20,618,711 for fiscal year 2024, 7 $20,948,611 for fiscal year 2025, and 8 $21,277,504 for fiscal year 2026 shall be 9 available to carry out section 5310(k); 10 ‘‘(E) $1,025,199,724 for fiscal year 2023, 11 $1,041,192,839 for fiscal year 2024, 12 $1,057,851,925 for fiscal year 2025, and 13 $1,074,460,200 for fiscal year 2026 shall be 14 available to carry out section 5311, of which not 15 less than— 16 ‘‘(i) $55,679,500 for fiscal year 2023, 17 $56,392,100 for fiscal year 2024, 18 $57,134,374 for fiscal year 2025, and 19 $57,874,383 for fiscal year 2026 shall be 20 available to carry out section 5311(c)(1); 21 and 22 ‘‘(ii) $50,755,000 for fiscal year 2023, 23 $51,546,778 for fiscal year 2024, 24 $52,371,526 for fiscal year 2025, and 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00686 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 687 •HR 3684 RH $53,193,759 for fiscal year 2026 shall be 1 available to carry out section 5311(c)(2); 2 ‘‘(F) $53,498,300 for fiscal year 2023; 3 $54,020,873 for fiscal year 2024; $54,565,207 for 4 fiscal year 2025; $55,107,881 for fiscal year 5 2026 shall be available to carry out section 5312, 6 of which not less than— 7 ‘‘(i) $5,075,500 for fiscal year 2023, 8 $5,154,678 for fiscal year 2024, $5,237,153 9 for fiscal year 2025, and $5,319,376 for fis- 10 cal year 2026 shall be available to carry out 11 each of sections 5312(d)(3) and 5312(d)(4); 12 ‘‘(ii) $3,045,300 for fiscal year 2023, 13 $3,092,807 for fiscal year 2024, $3,142,292 14 for fiscal year 2025, and $3,191,626 for fis- 15 cal year 2026 shall be available to carry out 16 section 5312(h); 17 ‘‘(iii) $10,151,000 for fiscal year 2023, 18 $10,309,356 for fiscal year 2024, 19 $10,474,305 for fiscal year 2025, and 20 $10,638,752 for fiscal year 2026 shall be 21 available to carry out section 5312(i); and 22 ‘‘(iv) $10,075,500 for fiscal year 2023, 23 $10,154,678 for fiscal year 2024, 24 $10,237,153 for fiscal year 2025, and 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00687 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 688 •HR 3684 RH $10,319,376 shall be available to carry out 1 section 5312(j); 2 ‘‘(G) $23,347,300 for fiscal year 2023, 3 $23,711,518 for fiscal year 2024, $24,090,902 for 4 fiscal year 2025, and $24,469,129 for fiscal year 5 2026 shall be available to carry out section 5314, 6 of which not less than— 7 ‘‘(i) $4,060,400 for fiscal year 2023, 8 $4,123,742 for fiscal year 2024, $4,189,722 9 for fiscal year 2025, and $4,255,501 for fis- 10 cal year 2026 shall be available to carry out 11 section of 5314(a); 12 ‘‘(ii) $5,075,500 for fiscal year 2023, 13 $5,154,678 for fiscal year 2024, $5,237,153 14 for fiscal year 2025, and $5,319,376 for fis- 15 cal year 2026 shall be available to carry out 16 section 5314(c); and 17 ‘‘(iii) $12,181,200 for fiscal year 2023, 18 $12,371,227 for fiscal year 2024, 19 $12,569,166 for fiscal year 2025, and 20 $12,766,502 for fiscal year 2026 shall be 21 available to carry out section 5314(b)(2); 22 ‘‘(H) $5,075,500 for fiscal year 2023, 23 $5,154,678 for fiscal year 2024, $5,237,153 for 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00688 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 689 •HR 3684 RH fiscal year 2025, and $5,319,376 for fiscal year 1 2026 shall be available to carry out section 5318; 2 ‘‘(I) $30,453,000 for fiscal year 2023, 3 $30,928,067 for fiscal year 2024, $31,422,916 for 4 fiscal year 2025, and $31,916,256 for fiscal year 5 2026 shall be available to carry out section 5328, 6 of which not less than— 7 ‘‘(i) $25,377,500 for fiscal year 2023, 8 $25,773,389 for fiscal year 2024, 9 $26,185,763 for fiscal year 2025, and 10 $26,596,880 for fiscal year 2026 shall be 11 available to carry out section of 5328(b); 12 and 13 ‘‘(ii) $2,537,750 for fiscal year 2023, 14 $2,577,339 for fiscal year 2024, $2,618,576 15 for fiscal year 2025, and $2,659,688 for fis- 16 cal year 2026 shall be available to carry out 17 section 5328(c); 18 ‘‘(J) $4,060,400 for fiscal year 2023, 19 $4,123,742 for fiscal year 2024, $4,189,722 for 20 fiscal year 2025, and $4,255,501 for fiscal year 21 2026 shall be available to carry out section 5335; 22 ‘‘(K) $5,366,233,728 for fiscal year 2023, 23 $5,460,789,084 for fiscal year 2024, 24 $5,560,170,578 for fiscal year 2025, and 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00689 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 690 •HR 3684 RH $5,660,288,417 for fiscal year 2026 shall be 1 available to carry out section 5337; 2 ‘‘(L) to carry out the bus formula program 3 under section 5339(a)— 4 ‘‘(i) $1,240,328,213 for fiscal year 5 2023, $1,259,667,334 for fiscal year 2024, 6 $1,279,832,171 for fiscal year 2025, and 7 $1,299,925,536 for fiscal year 2026; except 8 that 9 ‘‘(ii) 15 percent of the amounts under 10 clause (i) shall be available to carry out 11 5339(d); 12 ‘‘(M) $437,080,000 for fiscal year 2023, 13 $424,748,448 for fiscal year 2024, $387,944,423 14 for fiscal year 2025, and $351,100,151 for fiscal 15 year 2026 shall be available to carry out section 16 5339(b); 17 ‘‘(N) $890,000,000 for fiscal year 2023, 18 $950,000,000 for fiscal year 2024, 19 $1,065,000,000 for fiscal year 2025, and 20 $1,180,000,000 for fiscal year 2026 shall be 21 available to carry out section 5339(c); and 22 ‘‘(O) $587,133,905 for each of fiscal years 23 2023 through 2026 shall be available to carry 24 out section 5340 to provide financial assistance 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00690 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 691 •HR 3684 RH for urbanized areas under section 5307 and 1 rural areas under section 5311, of which— 2 ‘‘(i) $309,688,908 for each of fiscal 3 years 2023 through 2026 shall be for grow- 4 ing States under section 5340(c); and 5 ‘‘(ii) $277,444,997 for each of fiscal 6 years 2023 through 2026 shall be for high 7 density States under section 5340(d). 8 ‘‘(b) CAPITAL INVESTMENT GRANTS.—There are au- 9 thorized to be appropriated to carry out section 5309 10 $3,500,000,000 for fiscal year 2023, $4,250,000,000 for fis- 11 cal year 2024, $5,000,000,000 for fiscal year 2025, and 12 5,500,000,000 for fiscal year 2026. 13 ‘‘(c) ADMINISTRATION.— 14 ‘‘(1) IN GENERAL.—There are authorized to be 15 appropriated to carry out section 5334, $142,060,785 16 for fiscal year 2023, $144,191,696 for fiscal year 17 2024, $146,412,248 for fiscal year 2025, and 18 148,652,356 for fiscal year 2026. 19 ‘‘(2) SECTION 5329.—Of the amounts authorized 20 to be appropriated under paragraph (1), not less than 21 $6,000,000 for each of fiscal years 2023 through 2026 22 shall be available to carry out section 5329. 23 ‘‘(3) SECTION 5326.—Of the amounts made avail- 24 able under paragraph (2), not less than $2,500,000 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00691 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 692 •HR 3684 RH for each of fiscal years 2023 through 2026 shall be 1 available to carry out section 5326. 2 ‘‘(d) OVERSIGHT.— 3 ‘‘(1) IN GENERAL.—Of the amounts made avail- 4 able to carry out this chapter for a fiscal year, the 5 Secretary may use not more than the following 6 amounts for the activities described in paragraph (2): 7 ‘‘(A) 0.5 percent of amounts made available 8 to carry out section 5305. 9 ‘‘(B) 0.75 percent of amounts made avail- 10 able to carry out section 5307. 11 ‘‘(C) 1 percent of amounts made available 12 to carry out section 5309. 13 ‘‘(D) 1 percent of amounts made available 14 to carry out section 601 of the Passenger Rail 15 Investment and Improvement Act of 2008 (Pub- 16 lic Law 110–432; 126 Stat. 4968). 17 ‘‘(E) 0.5 percent of amounts made available 18 to carry out section 5310. 19 ‘‘(F) 0.5 percent of amounts made available 20 to carry out section 5311. 21 ‘‘(G) 1 percent of amounts made available 22 to carry out section 5337, of which not less than 23 25 percent of such amounts shall be available to 24 carry out section 5329 and of which not less 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00692 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 693 •HR 3684 RH than 10 percent of such amounts shall be made 1 available to carry out section 5320. 2 ‘‘(H) 1 percent of amounts made available 3 to carry out section 5339 of which not less than 4 10 percent of such amounts shall be made avail- 5 able to carry out section 5320. 6 ‘‘(I) 1 percent of amounts made available to 7 carry out section 5308. 8 ‘‘(2) ACTIVITIES.—The activities described in 9 this paragraph are as follows: 10 ‘‘(A) Activities to oversee the construction of 11 a major capital project. 12 ‘‘(B) Activities to review and audit the safe- 13 ty and security, procurement, management, and 14 financial compliance of a recipient or sub- 15 recipient of funds under this chapter. 16 ‘‘(C) Activities to provide technical assist- 17 ance generally, and to provide technical assist- 18 ance to correct deficiencies identified in compli- 19 ance reviews and audits carried out under this 20 section. 21 ‘‘(3) GOVERNMENT SHARE OF COSTS.—The Gov- 22 ernment shall pay the entire cost of carrying out a 23 contract under this subsection. 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00693 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 694 •HR 3684 RH ‘‘(4) AVAILABILITY OF CERTAIN FUNDS.—Funds 1 made available under paragraph (1)(C) shall be made 2 available to the Secretary before allocating the funds 3 appropriated to carry out any project under a full 4 funding grant agreement. 5 ‘‘(e) GRANTS AS CONTRACTUAL OBLIGATIONS.— 6 ‘‘(1) GRANTS FINANCED FROM HIGHWAY TRUST 7 FUND.—A grant or contract that is approved by the 8 Secretary and financed with amounts made available 9 from the Mass Transit Account of the Highway Trust 10 Fund pursuant to this section is a contractual obliga- 11 tion of the Government to pay the Government share 12 of the cost of the project. 13 ‘‘(2) GRANTS FINANCED FROM GENERAL FUND.— 14 A grant or contract that is approved by the Secretary 15 and financed with amounts from future appropria- 16 tions from the general fund of the Treasury pursuant 17 to this section is a contractual obligation of the Gov- 18 ernment to pay the Government share of the cost of 19 the project only to the extent that amounts are appro- 20 priated for such purpose by an Act of Congress. 21 ‘‘(f) AVAILABILITY OF AMOUNTS.—Amounts made 22 available by or appropriated under this section shall re- 23 main available until expended. 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00694 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 695 •HR 3684 RH ‘‘(g) LIMITATION ON FINANCIAL ASSISTANCE FOR 1 STATE-OWNED ENTERPRISES.— 2 ‘‘(1) IN GENERAL.—Funds provided under this 3 section may not be used in awarding a contract, sub- 4 contract, grant, or loan to an entity that is owned or 5 controlled by, is a subsidiary of, or is otherwise re- 6 lated legally or financially to a corporation based in 7 a country that— 8 ‘‘(A) is identified as a nonmarket economy 9 country (as defined in section 771(18) of the 10 Tariff Act of 1930 (19 U.S.C. 1677(18))) as of 11 the date of enactment of the INVEST in America 12 Act; 13 ‘‘(B) was identified by the United States 14 Trade Representative in the most recent report 15 required by section 182 of the Trade Act of 1974 16 (19 U.S.C. 2242) as a priority foreign country 17 under subsection (a)(2) of that section; and 18 ‘‘(C) is subject to monitoring by the Trade 19 Representative under section 306 of the Trade 20 Act of 1974 (19 U.S.C. 2416). 21 ‘‘(2) EXCEPTION.—For purposes of paragraph 22 (1), the term ‘otherwise related legally or financially’ 23 does not include a minority relationship or invest- 24 ment. 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00695 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 696 •HR 3684 RH ‘‘(3) INTERNATIONAL AGREEMENTS.—This sub- 1 section shall be applied in a manner consistent with 2 the obligations of the United States under inter- 3 national agreements.’’. 4 (b) CONFORMING AMENDMENTS.— 5 (1) Section 5312(i)(1) of title 49, United States 6 Code, is amended by striking ‘‘5338(a)(2)(G)(ii)’’ and 7 inserting ‘‘5338(a)(2)(F)(iii)’’. 8 (2) Section 5333(b) of title 49, United States 9 Code, is amended by striking ‘‘5328, 5337, and 10 5338(b)’’ each place it appears and inserting ‘‘and 11 5337’’. 12 (3) Section 5336 of title 49, United States Code, 13 is amended in subsection (d)(1) by striking 14 ‘‘5338(a)(2)(C)’’ and inserting ‘‘5338(a)(2)(B)’’. 15 (4) Subsections (c) and (d)(1) of section 5327 of 16 title 49, United States Code, are amended by striking 17 ‘‘5338(f)’’ and inserting ‘‘5338(d)’’. 18 (5) Section 5340(b) of title 49, United States 19 Code, is amended by striking ‘‘5338(b)(2)(N)’’ and in- 20 serting ‘‘5338(a)(2)(O)’’. 21 SEC. 2102. CHAPTER 53 DEFINITIONS. 22 Section 5302 of title 49, United States Code, is amend- 23 ed— 24 (1) in paragraph (1)(E)— 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00696 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 697 •HR 3684 RH (A) by striking ‘‘and the installation’’ and 1 inserting ‘‘, the installation’’; and 2 (B) by inserting ‘‘, charging stations and 3 docks for electric micromobility devices, and 4 bikeshare projects’’ after ‘‘public transportation 5 vehicles’’; 6 (2) in paragraph (3)— 7 (A) in subparagraph (G) by striking clause 8 (iii) and inserting the following: 9 ‘‘(iii) provides a fair share of revenue 10 established by the Secretary that will be 11 used for public transportation, except for a 12 joint development that is a community serv- 13 ice (as defined by the Federal Transit Ad- 14 ministration), publicly operated facility, or 15 offers a minimum of 50 percent of units as 16 affordable housing, meaning legally binding 17 affordability restricted housing units avail- 18 able to tenants with incomes below 60 per- 19 cent of the area median income or owners 20 with incomes below the area median;’’; 21 (B) in subparagraph (M) strike ‘‘; or’’ and 22 insert a semicolon; 23 (C) in subparagraph (N)— 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00697 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 698 •HR 3684 RH (i) by striking ‘‘no emission’’ and in- 1 serting ‘‘zero emission’’; and 2 (ii) by striking ‘‘(as defined in section 3 5339(c)) or facilities.’’ and inserting ‘‘or fa- 4 cilities; or’’; and 5 (D) by adding at the end the following: 6 ‘‘(O) the employment of forensic consult- 7 ants, cybersecurity experts, or third-party pene- 8 tration testers to identify, evaluate, test, and 9 patch ransomware attack vulnerabilities.’’; and 10 (3) by adding at the end the following: 11 ‘‘(25) RESILIENCE.— 12 ‘‘(A) IN GENERAL.—The term ‘resilience’ 13 means, with respect to a facility, the ability to— 14 ‘‘(i) anticipate, prepare for, or adapt 15 to conditions; or 16 ‘‘(ii) withstand, respond to, or recover 17 rapidly from disruptions. 18 ‘‘(B) INCLUSIONS.—Such term includes, 19 with respect to a facility, the ability to— 20 ‘‘(i) resist hazards or withstand im- 21 pacts from disruptions; 22 ‘‘(ii) reduce the magnitude, duration, 23 or impact of a disruption; or 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00698 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 699 •HR 3684 RH ‘‘(iii) have the absorptive capacity, 1 adaptive capacity, and recoverability to de- 2 crease vulnerability to a disruption. 3 ‘‘(26) ASSAULT ON A TRANSIT WORKER.—The 4 term ‘assault on a transit worker’ means any cir- 5 cumstance in which an individual knowingly, with- 6 out lawful authority or permission, and with intent 7 to endanger the safety of any individual, or with a 8 reckless disregard for the safety of human life, inter- 9 feres with, disables, or incapacitates any transit 10 worker while the transit worker is performing his or 11 her duties.’’. 12 SEC. 2103. GENERAL PROVISIONS. 13 Section 5323 of title 49, United States Code, is amend- 14 ed— 15 (1) in subsection (d)— 16 (A) in paragraph (1) by striking ‘‘urban 17 area’’ and inserting ‘‘urbanized area’’; 18 (B) by adding at the end the following: 19 ‘‘(3) EXCEPTIONS.—This subsection shall not 20 apply to financial assistance under this chapter— 21 ‘‘(A) in which the non-Federal share of 22 project costs are provided from amounts received 23 under a service agreement with a State or local 24 social service agency or private social service or- 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00699 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 700 •HR 3684 RH ganization pursuant to section 5307(d)(3)(E) or 1 section 5311(g)(3)(C); 2 ‘‘(B) provided to a recipient or subrecipient 3 whose sole receipt of such assistance derives from 4 section 5310; or 5 ‘‘(C) provided to a recipient operating a 6 fixed route service that is— 7 ‘‘(i) for a period of less than 30 days; 8 ‘‘(ii) accessible to the public; 9 ‘‘(iii) contracted by a local government 10 entity that provides local cost share to the 11 recipient; and 12 ‘‘(iv) not contracted for the purposes of 13 a convention or on behalf of a convention 14 and visitors bureau. 15 ‘‘(4) GUIDELINES.—The Secretary shall publish 16 guidelines for grant recipients and private bus opera- 17 tors that clarify when and how a transit agency may 18 provide the service in the event a registered charter 19 provider does not contact the customer, provide a 20 quote, or provide the service.’’; 21 (2) in subsection (h)— 22 (A) in paragraph (1) by adding ‘‘or’’ at the 23 end; and 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00700 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 701 •HR 3684 RH (B) by striking paragraph (2) and redesig- 1 nating paragraph (3) as paragraph (2); 2 (3) by striking subsection (j) and inserting the 3 following: 4 ‘‘(j) REPORTING ACCESSIBILITY COMPLAINTS.— 5 ‘‘(1) IN GENERAL.—The Secretary shall ensure 6 that an individual who believes that he or she, or a 7 specific class in which the individual belongs, has 8 been subjected to discrimination on the basis of dis- 9 ability by a State or local governmental entity, pri- 10 vate nonprofit organization, or Tribe that operates a 11 public transportation service and is a recipient or 12 subrecipient of funds under this chapter, may, by the 13 individual or by an authorized representative, file a 14 complaint with the Department of Transportation. 15 ‘‘(2) PROCEDURES.—Not later than 1 year after 16 the date of enactment of the INVEST in America Act, 17 the Secretary shall implement procedures that allow 18 an individual to submit a complaint described in 19 paragraph (1) by phone, mail-in form, and online 20 through the website of the Office of Civil Rights of the 21 Federal Transit Administration. 22 ‘‘(3) NOTICE TO INDIVIDUALS WITH DISABIL- 23 ITIES.—Not later than 12 months after the date of en- 24 actment of the INVEST in America Act, the Secretary 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00701 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 702 •HR 3684 RH shall require that each public transit provider and 1 contractor providing paratransit services shall in- 2 clude on a publicly available website of the service 3 provider, any related mobile device application, and 4 online service— 5 ‘‘(A) notice that an individual can file a 6 disability-related complaint with the local tran- 7 sit agency and the process and any timelines for 8 filing such a complaint; 9 ‘‘(B) the telephone number, or a comparable 10 electronic means of communication, for the dis- 11 ability assistance hotline of the Office of Civil 12 Rights of the Federal Transit Administration; 13 ‘‘(C) notice that a consumer can file a dis- 14 ability related complaint with the Office of Civil 15 Rights of the Federal Transit Administration; 16 and 17 ‘‘(D) an active link to the website of the Of- 18 fice of Civil Rights of the Federal Transit Ad- 19 ministration for an individual to file a dis- 20 ability-related complaint. 21 ‘‘(4) INVESTIGATION OF COMPLAINTS.—Not later 22 than 60 days after the last day of each fiscal year, 23 the Secretary shall publish a report that lists the dis- 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00702 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 703 •HR 3684 RH position of complaints described in paragraph (1), in- 1 cluding— 2 ‘‘(A) the number and type of complaints 3 filed with Department of Transportation; 4 ‘‘(B) the number of complaints investigated 5 by the Department; 6 ‘‘(C) the result of the complaints that were 7 investigated by the Department including wheth- 8 er the complaint was resolved— 9 ‘‘(i) informally; 10 ‘‘(ii) by issuing a violation through a 11 noncompliance Letter of Findings; or 12 ‘‘(iii) by other means, which shall be 13 described; and 14 ‘‘(D) if a violation was issued for a com- 15 plaint, whether the Department resolved the non- 16 compliance by— 17 ‘‘(i) reaching a voluntary compliance 18 agreement with the entity; 19 ‘‘(ii) referring the matter to the Attor- 20 ney General; or 21 ‘‘(iii) by other means, which shall be 22 described. 23 ‘‘(5) REPORT.—The Secretary shall, upon imple- 24 mentation of this section and annually thereafter, 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00703 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 704 •HR 3684 RH submit to the Committee on Transportation and In- 1 frastructure of the House of Representatives, the Com- 2 mittee on Banking, Housing, and Urban Affairs of 3 the Senate, and make publicly available a report con- 4 taining the information collected under this section.’’; 5 (4) by striking subsection (m) and inserting the 6 following: 7 ‘‘(m) PREAWARD AND POSTDELIVERY REVIEW OF 8 ROLLING STOCK PURCHASES.—The Secretary shall pre- 9 scribe regulations requiring a preaward and postdelivery 10 review of a grant under this chapter to buy rolling stock 11 to ensure compliance with bid specifications requirements 12 of grant recipients under this chapter. Under this sub- 13 section, grantee inspections and review are required, and 14 a manufacturer certification is not sufficient.’’; and 15 (5) by amending subsection (r) to read as fol- 16 lows: 17 ‘‘(r) REASONABLE ACCESS TO PUBLIC TRANSPOR- 18 TATION FACILITIES.— 19 ‘‘(1) IN GENERAL.—A recipient of assistance 20 under this chapter— 21 ‘‘(A) may not deny reasonable access for a 22 private intercity or charter transportation oper- 23 ator to federally funded public transportation fa- 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00704 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 705 •HR 3684 RH cilities, including intermodal facilities, park and 1 ride lots, and bus-only highway lanes; and 2 ‘‘(B) shall respond to any request for rea- 3 sonable access within 75 days of the receipt of 4 the request and, if a recipient of assistance under 5 this chapter denies access to a private intercity 6 or charter transportation operator based on the 7 reasonable access standards, provide, in writing, 8 the reasons for the denial. 9 ‘‘(2) DETERMINING REASONABLE ACCESS.—In 10 determining reasonable access under paragraph 11 (1)(A), capacity requirements of the recipient of as- 12 sistance and the extent to which access would be detri- 13 mental or beneficial to existing public transportation 14 services must be considered and demographic makeup 15 of the riders of a private intercity or charter trans- 16 portation operator may not be cited as a detriment 17 to the provision of access. 18 ‘‘(3) NOTIFICATION.—If a private intercity or 19 charter transportation operator requesting access 20 under this subsection is denied such access by a re- 21 cipient of assistance under this chapter or does not re- 22 ceive a written response within 75 days of submitting 23 the request, such operator may notify the Secretary 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00705 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 706 •HR 3684 RH for purposes of inclusion in the report under para- 1 graph (4). 2 ‘‘(4) REPORT TO CONGRESS.—The Secretary 3 shall annually submit to the Committee on Transpor- 4 tation and Infrastructure of the House of Representa- 5 tives and the Committee on Banking, Housing, and 6 Urban Affairs of the Senate a report listing each in- 7 stance reported under paragraph (3) in which— 8 ‘‘(A) a private intercity or charter trans- 9 portation operator requested reasonable access 10 and was denied, and the reasons provided by the 11 recipient of assistance under this chapter for the 12 denial; and 13 ‘‘(B) a recipient of assistance under this 14 chapter did not respond to a request for reason- 15 able access within 75 days.’’. 16 SEC. 2104. MISCELLANEOUS PROVISIONS. 17 (a) STATE OF GOOD REPAIR GRANTS.—Section 18 5337(e) of title 49, United States Code, is amended by add- 19 ing at the end the following: 20 ‘‘(3) ACCESSIBILITY COSTS.—Notwithstanding 21 paragraph (1), the Federal share of the net project 22 cost of a project to provide accessibility improvements 23 consistent with standards in compliance with the 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00706 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 707 •HR 3684 RH Americans with Disabilities Act of 1990 (42 U.S.C. 1 12101 et seq.) shall be 90 percent.’’. 2 (b) APPORTIONMENTS BASED ON GROWING STATES 3 AND HIGH DENSITY STATES FORMULA FACTORS.—Section 4 5340(a) of title 49, United States Code, is amended by in- 5 serting ‘‘and the District of Columbia’’ after ‘‘United 6 States’’. 7 (c) TECHNICAL ASSISTANCE AND WORKFORCE DEVEL- 8 OPMENT.—Section 5314 of title 49, United States Code, is 9 amended— 10 (1) in subsection (a)(1)(B)— 11 (A) in clause (i) by striking ‘‘; and’’ and 12 inserting a semicolon; 13 (B) in clause (ii) by striking ‘‘and vehicle 14 electronics.’’ and inserting ‘‘cybersecurity and 15 mitigating the threat of ransomware, and vehicle 16 electronics; and’’; and 17 (C) by adding at the end the following: 18 ‘‘(iii) technical assistance to assist re- 19 cipients with the impacts of a new census 20 count.’’; 21 (2) in subsection (a)(2)— 22 (A) by redesignating subparagraphs (H) 23 and (I) as subparagraphs (J) and (K), respec- 24 tively; and 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00707 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 708 •HR 3684 RH (B) by inserting after subparagraph (G) the 1 following: 2 ‘‘(H) cybersecurity and mitigating the 3 threat of ransomware;’’; 4 (3) in subsection (b)(1)(B) by striking ‘‘females’’ 5 and inserting ‘‘women’’; and 6 (4) in subsection (c)(4)(A) by inserting ‘‘, and 7 not more than 2 percent of amounts under 5311,’’ 8 after ‘‘5339’’. 9 (d) NATIONAL TRANSIT DATABASE.—Section 5335 of 10 title 49, United States Code, is amended— 11 (1) in subsection (a) by inserting ‘‘, including 12 information on transit routes and ridership on those 13 routes’’ after ‘‘public sector investment decision’’; and 14 (2) in subsection (c) by inserting ‘‘, any data on 15 each assault on a transit worker, and pedestrian inju- 16 ries and fatalities as a result of an impact with a 17 bus. Each of the data sets shall be publicly reported 18 without aggregating the data with other safety data’’ 19 after ‘‘by the recipient’’. 20 (e) URBANIZED AREA FORMULA GRANTS.—Section 21 5307 of title 49, United States Code, is amended— 22 (1) in subsection (a)(2)(A)— 23 (A) in clause (i) by striking ‘‘or’’ at the 24 end; and 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00708 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 709 •HR 3684 RH (B) by adding at the end the following: 1 ‘‘(iii) operate a minimum of 101 buses 2 and a maximum of 125 buses in fixed route 3 service or demand response service, exclud- 4 ing ADA complementary paratransit serv- 5 ice, during peak service hours, in an 6 amount not to exceed 25 percent of the share 7 of the apportionment which is attributable 8 to such systems within the urbanized area, 9 as measured by vehicle revenue hours; or’’; 10 (2) in subsection (a)(2)(B)— 11 (A) in clause (i) by striking ‘‘or’’ at the 12 end; 13 (B) in clause (ii) by striking the period at 14 the end and inserting ‘‘; or’’; and 15 (C) by adding at the end the following: 16 ‘‘(iii) operate a minimum of 101 buses 17 and a maximum of 125 buses in fixed route 18 service or demand response service, exclud- 19 ing ADA complementary paratransit serv- 20 ice, during peak service hours, in an 21 amount not to exceed 25 percent of the share 22 of the apportionment allocated to such sys- 23 tems within the urbanized area, as deter- 24 mined by the local planning process and in- 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00709 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 710 •HR 3684 RH cluded in the designated recipient’s final 1 program of projects prepared under sub- 2 section (b).’’; and 3 (3) in subsection (b)— 4 (A) in paragraph (6) by striking ‘‘and’’ at 5 the end; 6 (B) by redesignating paragraph (7) as 7 paragraph (8); and 8 (C) by inserting after paragraph (6) the fol- 9 lowing: 10 ‘‘(7) ensure that the proposed program of projects 11 provides improved access to transit for the individ- 12 uals described in section 5336(j); and’’. 13 (f) TECHNICAL CORRECTION.—Section 14 5307(a)(2)(B)(ii) of title 49, United States Code, is amend- 15 ed by striking ‘‘service during peak’’ and inserting ‘‘service, 16 during peak’’. 17 (g) TRANSPORTATION DEVELOPMENT CREDITS AS 18 LOCAL MATCH.— 19 (1) SECTION 5307.—Section 5307(d)(3) of title 20 49, United States Code, is amended— 21 (A) in subparagraph (D) by striking ‘‘; 22 and’’ and inserting a semicolon; 23 (B) in subparagraph (E) by striking the pe- 24 riod and inserting ‘‘; and’’; and 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00710 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 711 •HR 3684 RH (C) by adding at the end the following: 1 ‘‘(F) transportation development credits.’’. 2 (2) SECTION 5309.—Section 5309 of title 49, 3 United States Code, is amended— 4 (A) in subsection (f) by adding at the end 5 the following: 6 ‘‘(3) TRANSPORTATION DEVELOPMENT CRED- 7 ITS.—For purposes of assessments and determinations 8 under this subsection or subsection (h), transportation 9 development credits that are included as a source of 10 local financing or match shall be treated the same as 11 other sources of local financing.’’; and 12 (B) in subsection (l)(4)— 13 (i) in subparagraph (B) by striking ‘‘; 14 or’’ and inserting a semicolon; 15 (ii) in subparagraph (C) by striking 16 the period and inserting a semicolon; and 17 (iii) by adding at the end the fol- 18 lowing: 19 ‘‘(D) transportation development credits; 20 or’’. 21 (3) SECTION 5339.—Section 5339(a)(7)(B) of title 22 49, United States Code, is amended— 23 (A) in clause (iv) by striking ‘‘; or’’ and in- 24 serting a semicolon; 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00711 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 712 •HR 3684 RH (B) in clause (v) by striking the period and 1 inserting ‘‘; or’’; and 2 (C) by adding at the end the following: 3 ‘‘(vi) transportation development cred- 4 its.’’. 5 (h) CLARIFICATION OF INCIDENTAL USE.—Section 6 5310(b)(7) of title 49, United States Code, is amended— 7 (1) in the header by inserting ‘‘AND INCIDENTAL 8 USE’’ after ‘‘INDIVIDUALS’’; 9 (2) by inserting ‘‘or providing other incidental 10 services’’ after ‘‘individuals’’; and 11 (3) by striking ‘‘delivery service does not con- 12 flict’’ and inserting ‘‘service does not conflict’’. 13 SEC. 2105. POLICIES AND PURPOSES. 14 Section 5301(b) of title 49, United States Code, is 15 amended— 16 (1) in paragraph (7) by striking ‘‘; and’’ and in- 17 serting a semicolon; 18 (2) in paragraph (8) by striking the period and 19 inserting a semicolon; and 20 (3) by adding at the end the following: 21 ‘‘(9) reduce the contributions of the surface 22 transportation system to the total carbon pollution of 23 the United States; and 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00712 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 713 •HR 3684 RH ‘‘(10) improve the resiliency of the public trans- 1 portation network to withstand weather events and 2 other natural disasters.’’. 3 SEC. 2106. FISCAL YEARS 2022 AND 2023 FORMULAS. 4 For fiscal years 2022 and 2023, the Secretary of 5 Transportation shall apportion and distribute formula 6 funds provided for under chapter 53 of title 49, United 7 States Code, using data submitted to the 2019 National 8 Transit Database. 9 SEC. 2107. METROPOLITAN TRANSPORTATION PLANNING. 10 Section 5303 of title 49, United States Code, is further 11 amended— 12 (1) by amending subsection (a)(1) to read as fol- 13 lows: 14 ‘‘(1) to encourage and promote the safe and effi- 15 cient management, operation, and development of sur- 16 face transportation systems that will serve the mobil- 17 ity needs of people and freight, foster economic growth 18 and development within and between States and ur- 19 banized areas, and take into consideration resiliency 20 and climate change adaptation needs while reducing 21 transportation-related fuel consumption, air pollu- 22 tion, and greenhouse gas emissions through metropoli- 23 tan and statewide transportation planning processes 24 identified in this chapter; and’’. 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00713 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 714 •HR 3684 RH (2) in subsection (b)— 1 (A) by redesignating paragraphs (6) and 2 (7) as paragraphs (7) and (8), respectively; and 3 (B) by inserting after paragraph (5) the fol- 4 lowing: 5 ‘‘(6) STIP.—The term ‘STIP’ means a statewide 6 transportation improvement program developed by a 7 State under section 135(g).’’; 8 (3) in subsection (c)— 9 (A) in paragraph (1) by striking ‘‘and 10 transportation improvement programs’’ and in- 11 serting ‘‘and TIPs’’; and 12 (B) by adding at the end the following: 13 ‘‘(4) CONSIDERATION.—In developing the plans 14 and TIPs, metropolitan planning organizations shall 15 consider direct and indirect emissions of greenhouse 16 gases.’’; 17 (4) in subsection (d)— 18 (A) in paragraph (2) by striking ‘‘Not later 19 than 2 years after the date of enactment of the 20 Federal Public Transportation Act of 2012, 21 each’’ and inserting ‘‘Each’’; 22 (B) in paragraph (3) by adding at the end 23 the following: 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00714 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 715 •HR 3684 RH ‘‘(D) EQUITABLE AND PROPORTIONAL REP- 1 RESENTATION.— 2 ‘‘(i) IN GENERAL.—In designating offi- 3 cials or representatives under paragraph 4 (2), the metropolitan planning organization 5 shall ensure the equitable and proportional 6 representation of the population of the met- 7 ropolitan planning area. 8 ‘‘(ii) SAVINGS CLAUSE.—Nothing in 9 this paragraph shall require a metropolitan 10 planning organization in existence on the 11 date of enactment of this subparagraph to 12 be restructured. 13 ‘‘(iii) REDESIGNATION.—Notwith- 14 standing clause (ii), the requirements of this 15 paragraph shall apply to any metropolitan 16 planning organization redesignated under 17 paragraph (6).’’; 18 (C) in paragraph (6)(B) by striking ‘‘para- 19 graph (2)’’ and inserting ‘‘paragraphs (2) or 20 (3)(D)’’; and 21 (D) in paragraph (7)— 22 (i) by striking ‘‘an existing metropoli- 23 tan planning area’’ and inserting ‘‘an ur- 24 banized area’’; and 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00715 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 716 •HR 3684 RH (ii) by striking ‘‘the existing metropoli- 1 tan planning area’’ and inserting ‘‘the 2 area’’; 3 (5) in subsection (g)— 4 (A) in paragraph (1) by striking ‘‘a metro- 5 politan area’’ and inserting ‘‘an urbanized 6 area’’; 7 (B) in paragraph (2) by striking ‘‘MPOS’’ 8 and inserting ‘‘METROPOLITAN PLANNING 9 AREAS’’ 10 (C) in paragraph (3)(A) by inserting 11 ‘‘emergency response and evacuation, climate 12 change adaptation and resilience,’’ after ‘‘dis- 13 aster risk reduction,’’; and 14 (D) by adding at the end the following: 15 ‘‘(4) COORDINATION BETWEEN MPOS.— 16 ‘‘(A) IN GENERAL.—If more than one met- 17 ropolitan planning organization is designated 18 within an urbanized area under subsection 19 (d)(7), the metropolitan planning organizations 20 designated within the area shall ensure, to the 21 maximum extent practicable, the consistency of 22 any data used in the planning process, including 23 information used in forecasting transportation 24 demand. 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00716 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 717 •HR 3684 RH ‘‘(B) SAVINGS CLAUSE.—Nothing in this 1 paragraph requires metropolitan planning orga- 2 nizations designated within a single urbanized 3 area to jointly develop planning documents, in- 4 cluding a unified long-range transportation plan 5 or unified TIP.’’; 6 (6) in subsection (h)(1)— 7 (A) by striking subparagraph (E) and in- 8 serting the following: 9 ‘‘(E) protect and enhance the environment, 10 promote energy conservation, reduce greenhouse 11 gas emissions, improve the quality of life and 12 public health, and promote consistency between 13 transportation improvements and State and 14 local planned growth and economic development 15 patterns, including housing and land use pat- 16 terns;’’; 17 (B) in subparagraph (H) by striking ‘‘and’’ 18 at the end; 19 (C) in subparagraph (I) by striking the pe- 20 riod at the end and inserting ‘‘and reduce or 21 mitigate stormwater, sea level rise, extreme 22 weather, and climate change impacts of surface 23 transportation;’’; and 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00717 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 718 •HR 3684 RH (D) by inserting after subparagraph (I) the 1 following: 2 ‘‘(J) support emergency management, re- 3 sponse, and evacuation and hazard mitigation; 4 ‘‘(K) improve the level of transportation 5 system access; and 6 ‘‘(L) support inclusive zoning policies and 7 land use planning practices that incentivize af- 8 fordable, elastic, and diverse housing supply, fa- 9 cilitate long-term economic growth by improving 10 the accessibility of housing to jobs, and prevent 11 high housing costs from displacing economically 12 disadvantaged households.’’; 13 (7) in subsection (h)(2) by striking subpara- 14 graph (A) and inserting the following: 15 ‘‘(A) IN GENERAL.—Through the use of a 16 performance-based approach, transportation in- 17 vestment decisions made as a part of the metro- 18 politan transportation planning process shall 19 support the national goals described in section 20 150(b) of title 23, the achievement of metropoli- 21 tan and statewide targets established under sec- 22 tion 150(d) of title 23, the improvement of trans- 23 portation system access (consistent with section 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00718 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 719 •HR 3684 RH 150(f)) of title 23, and the general purposes de- 1 scribed in section 5301 of this title.’’; 2 (8) in subsection (i)— 3 (A) in paragraph (2)(D)(i) by inserting 4 ‘‘reduce greenhouse gas emissions and’’ before 5 ‘‘restore and maintain’’; 6 (B) in paragraph (2)(G) by inserting ‘‘and 7 climate change’’ after ‘‘infrastructure to natural 8 disasters’’; 9 (C) in paragraph (2)(H) by inserting 10 ‘‘greenhouse gas emissions,’’ after ‘‘pollution,’’; 11 (D) in paragraph (5)— 12 (i) in subparagraph (A) by inserting 13 ‘‘air quality, public health, housing, trans- 14 portation, resilience, hazard mitigation, 15 emergency management,’’ after ‘‘conserva- 16 tion,’’; and 17 (ii) by striking subparagraph (B) and 18 inserting the following: 19 ‘‘(B) ISSUES.—The consultation shall in- 20 volve, as appropriate, comparison of transpor- 21 tation plans to other relevant plans, including, if 22 available— 23 ‘‘(i) State conservation plans or maps; 24 and 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00719 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 720 •HR 3684 RH ‘‘(ii) inventories of natural or historic 1 resources.’’; and 2 (E) by amending paragraph (6)(C) to read 3 as follows: 4 ‘‘(C) METHODS.— 5 ‘‘(i) IN GENERAL.—In carrying out 6 subparagraph (A), the metropolitan plan- 7 ning organization shall, to the maximum 8 extent practicable— 9 ‘‘(I) hold any public meetings at 10 convenient and accessible locations and 11 times; 12 ‘‘(II) employ visualization tech- 13 niques to describe plans; and 14 ‘‘(III) make public information 15 available in electronically accessible 16 format and means, such as the inter- 17 net, as appropriate to afford reasonable 18 opportunity for consideration of public 19 information under subparagraph (A). 20 ‘‘(ii) ADDITIONAL METHODS.—In addi- 21 tion to the methods described in clause (i), 22 in carrying out subparagraph (A), the met- 23 ropolitan planning organization shall, to 24 the maximum extent practicable— 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00720 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 721 •HR 3684 RH ‘‘(I) use virtual public involve- 1 ment, social media, and other web- 2 based tools to encourage public partici- 3 pation and solicit public feedback; and 4 ‘‘(II) use other methods, as appro- 5 priate, to further encourage public par- 6 ticipation of historically underrep- 7 resented individuals in the transpor- 8 tation planning process.’’; 9 (9) in subsection (j) by striking ‘‘transportation 10 improvement program’’ and inserting ‘‘TIP’’ each 11 place it appears; and 12 (10) by striking ‘‘Federally’’ each place it ap- 13 pears and inserting ‘‘federally’’. 14 SEC. 2108. STATEWIDE AND NONMETROPOLITAN TRANS- 15 PORTATION PLANNING. 16 Section 5304 of title 49, United States Code, is amend- 17 ed— 18 (1) in subsection (a)— 19 (A) in paragraph (1) by striking ‘‘statewide 20 transportation improvement program’’ and in- 21 serting ‘‘STIP’’; 22 (B) in paragraph (2)— 23 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00721 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 722 •HR 3684 RH (i) by striking ‘‘The statewide trans- 1 portation plan and the’’ and inserting the 2 following: 3 ‘‘(A) IN GENERAL.—The statewide transpor- 4 tation plan and the’’; 5 (ii) by striking ‘‘transportation im- 6 provement program’’ and inserting ‘‘STIP’’; 7 and 8 (iii) by adding at the end the fol- 9 lowing: 10 ‘‘(B) CONSIDERATION.—In developing the 11 statewide transportation plans and STIPs, 12 States shall consider direct and indirect emis- 13 sions of greenhouse gases.’’; and 14 (C) in paragraph (3) by striking ‘‘transpor- 15 tation improvement program’’ and inserting 16 ‘‘STIP’’; 17 (2) in subsection (d)— 18 (A) in paragraph (1)— 19 (i) in subparagraph (E)— 20 (I) by inserting ‘‘reduce green- 21 house gas emissions,’’ after ‘‘promote 22 energy conservation,’’; 23 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00722 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 723 •HR 3684 RH (II) by inserting ‘‘and public 1 health’’ after ‘‘improve the quality of 2 life’’; and 3 (III) by inserting ‘‘, including 4 housing and land use patterns’’ after 5 ‘‘economic development patterns’’; 6 (ii) in subparagraph (H) by striking 7 ‘‘and’’; 8 (iii) in subparagraph (I) by striking 9 the period at the end and inserting ‘‘and re- 10 duce or mitigate stormwater, sea level rise, 11 extreme weather, and climate change im- 12 pacts of surface transportation;’’; and 13 (iv) by adding at the end the following: 14 ‘‘(J) facilitate emergency management, re- 15 sponse, and evacuation and hazard mitigation; 16 ‘‘(K) improve the level of transportation 17 system access; and 18 ‘‘(L) support inclusive zoning policies and 19 land use planning practices that incentivize af- 20 fordable, elastic, and diverse housing supply, fa- 21 cilitate long-term economic growth by improving 22 the accessibility of housing to jobs, and prevent 23 high housing costs from displacing economically 24 disadvantaged households.’’; 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00723 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 724 •HR 3684 RH (B) in paragraph (2)— 1 (i) by striking subparagraph (A) and 2 inserting the following: 3 ‘‘(A) IN GENERAL.—Through the use of a 4 performance-based approach, transportation in- 5 vestment decisions made as a part of the state- 6 wide transportation planning process shall sup- 7 port— 8 ‘‘(i) the national goals described in sec- 9 tion 150(b) of title 23; 10 ‘‘(ii) the consideration of transpor- 11 tation system access (consistent with section 12 150(f) of title 23); 13 ‘‘(iii) the achievement of statewide tar- 14 gets established under section 150(d) of title 15 23; and 16 ‘‘(iv) the general purposes described in 17 section 5301 of this title.’’; and 18 (ii) in subparagraph (D) by striking 19 ‘‘statewide transportation improvement pro- 20 gram’’ and inserting ‘‘STIP’’; and 21 (C) in paragraph (3) by striking ‘‘statewide 22 transportation improvement program’’ and in- 23 serting ‘‘STIP’’; 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00724 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 725 •HR 3684 RH (3) in subsection (e)(3) by striking ‘‘transpor- 1 tation improvement program’’ and inserting ‘‘STIP’’; 2 (4) in subsection (f)— 3 (A) in paragraph (2)(D)— 4 (i) in clause (i) by inserting ‘‘air qual- 5 ity, public health, housing, transportation, 6 resilience, hazard mitigation, emergency 7 management,’’ after ‘‘conservation,’’; and 8 (ii) by amending clause (ii) to read as 9 follows: 10 ‘‘(ii) COMPARISON AND CONSIDER- 11 ATION.—Consultation under clause (i) shall 12 involve the comparison of transportation 13 plans to other relevant plans and inven- 14 tories, including, if available— 15 ‘‘(I) State and tribal conservation 16 plans or maps; and 17 ‘‘(II) inventories of natural or 18 historic resources.’’; 19 (B) in paragraph (3)(B)— 20 (i) by striking ‘‘In carrying out’’ and 21 inserting the following: 22 ‘‘(i) IN GENERAL.—in carrying out’’; 23 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00725 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 726 •HR 3684 RH (ii) by redesignating clauses (i) 1 through (iv) as subclauses (I) through (IV), 2 respectively; and 3 (iii) by adding at the end the fol- 4 lowing: 5 ‘‘(ii) ADDITIONAL METHODS.—In addi- 6 tion to the methods described in clause (i), 7 in carrying out subparagraph (A), the State 8 shall, to the maximum extent practicable— 9 ‘‘(I) use virtual public involve- 10 ment, social media, and other web- 11 based tools to encourage public partici- 12 pation and solicit public feedback; and 13 ‘‘(II) use other methods, as appro- 14 priate, to further encourage public par- 15 ticipation of historically underrep- 16 resented individuals in the transpor- 17 tation planning process.’’; 18 (C) in paragraph (4)(A) by inserting ‘‘re- 19 duce greenhouse gas emissions and’’ after ‘‘poten- 20 tial to’’; and 21 (D) in paragraph (8) by inserting ‘‘includ- 22 ing consideration of the role that intercity buses 23 may play in reducing congestion, pollution, 24 greenhouse gas emissions, and energy consump- 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00726 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 727 •HR 3684 RH tion in a cost-effective manner and strategies 1 and investments that preserve and enhance inter- 2 city bus systems, including systems that are pri- 3 vately owned and operated’’ after ‘‘transpor- 4 tation system’’; 5 (5) in subsection (g)— 6 (A) in paragraph (1)(A) by striking ‘‘state- 7 wide transportation improvement program’’ and 8 inserting ‘‘STIP’’; 9 (B) in paragraph (5)— 10 (i) in subparagraph (A) by striking 11 ‘‘transportation improvement program’’ 12 and inserting ‘‘STIP’’; 13 (ii) in subparagraph (B)(ii) by strik- 14 ing ‘‘metropolitan transportation improve- 15 ment program’’ and inserting ‘‘TIP’’; 16 (iii) in subparagraph (C) by striking 17 ‘‘transportation improvement program’’ 18 and inserting ‘‘STIP’’ each place it ap- 19 pears; 20 (iv) in subparagraph (E) by striking 21 ‘‘transportation improvement program’’ 22 and inserting ‘‘STIP’’; 23 (v) in subparagraph (F)(i) by striking 24 ‘‘transportation improvement program’’ 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00727 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 728 •HR 3684 RH and inserting ‘‘STIP’’ each place it ap- 1 pears; 2 (vi) in subparagraph (G)(ii) by strik- 3 ing ‘‘transportation improvement program’’ 4 and inserting ‘‘STIP’’; and 5 (vii) in subparagraph (H) by striking 6 ‘‘transportation improvement program’’ 7 and inserting ‘‘STIP’’; 8 (C) in paragraph (6)— 9 (i) in subparagraph (A)— 10 (I) by striking ‘‘transportation 11 improvement program’’ and inserting 12 ‘‘STIP’’; and 13 (II) by striking ‘‘and projects car- 14 ried out under the bridge program or 15 the Interstate maintenance program 16 under title 23’’; and 17 (ii) in subparagraph (B)— 18 (I) by striking ‘‘or under the 19 bridge program or the Interstate main- 20 tenance program’’; and 21 (II) by striking ‘‘statewide trans- 22 portation improvement program’’ and 23 inserting ‘‘STIP’’; 24 (D) in paragraph (7)— 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00728 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 729 •HR 3684 RH (i) in the heading by striking ‘‘TRANS- 1 PORTATION IMPROVEMENT PROGRAM’’ and 2 inserting ‘‘STIP’’; and 3 (ii) by striking ‘‘transportation im- 4 provement program’’ and inserting ‘‘STIP’’; 5 (E) in paragraph (8) by striking ‘‘statewide 6 transportation plans and programs’’ and insert- 7 ing ‘‘statewide transportation plans and STIPs’’; 8 and 9 (F) in paragraph (9) by striking ‘‘transpor- 10 tation improvement program’’ and inserting 11 ‘‘STIP’’; 12 (6) in subsection (h)(2)(A) by striking ‘‘Not later 13 than 5 years after the date of enactment of the Fed- 14 eral Public Transportation Act of 2012,’’ and insert- 15 ing ‘‘Not less frequently than once every 4 years,’’; 16 (7) in subsection (j) by striking ‘‘transportation 17 improvement program’’ and inserting ‘‘STIP’’ each 18 place it appears; and 19 (8) in subsection (l) by striking ‘‘transportation 20 improvement programs’’ and inserting ‘‘STIPs’’. 21 SEC. 2109. OBLIGATION LIMITATION. 22 Notwithstanding any other provision of law, the total 23 of all obligations from amounts made available from the 24 Mass Transit Account of the Highway Trust Fund by sub- 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00729 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 730 •HR 3684 RH section (a) of section 5338 of title 49, United States Code, 1 shall not exceed— 2 (1) $17,894,460,367 for fiscal year 2023; 3 (2) $18,201,940,770 for fiscal year 2024; 4 (3) $18,551,676,708 for fiscal year 2025; and 5 (4) $18,901,573,693 for fiscal year 2026. 6 SEC. 2110. PUBLIC TRANSPORTATION EMERGENCY RELIEF 7 FUNDS. 8 Section 5324 of title 49, United States Code, is amend- 9 ed by adding at the end the following: 10 ‘‘(f) IMPOSITION OF DEADLINE.— 11 ‘‘(1) IN GENERAL.—Notwithstanding any other 12 provision of law, the Secretary may not require any 13 project funded pursuant to this section to advance to 14 the construction obligation stage before the date that 15 is the last day of the sixth fiscal year after the later 16 of— 17 ‘‘(A) the date on which the Governor de- 18 clared the emergency, as described in subsection 19 (a)(2); or 20 ‘‘(B) the date on which the President de- 21 clared a major disaster, as described in such sub- 22 section. 23 ‘‘(2) EXTENSION OF DEADLINE.—If the Secretary 24 imposes a deadline for advancement to the construc- 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00730 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 731 •HR 3684 RH tion obligation stage pursuant to paragraph (1), the 1 Secretary may, upon the request of the Governor of 2 the State, issue an extension of not more than 1 year 3 to complete such advancement, and may issue addi- 4 tional extensions after the expiration of any exten- 5 sion, if the Secretary determines the Governor of the 6 State has provided suitable justification to warrant 7 an extension.’’. 8 SEC. 2111. CERTIFICATION REQUIREMENTS. 9 The certification requirements described in section 10 661.12 of title 49, Code of Federal Regulations, shall, after 11 the date of enactment of this Act, include a certification 12 that buses or other rolling stock (including train control, 13 communication and traction power equipment) being pro- 14 cured do not contain or use any covered telecommunications 15 equipment or services, as such term is defined by section 16 889 of the John S. McCain National Defense Authorization 17 Act for Fiscal Year 2019 (Public Law 115–232). 18 SEC. 2112. HOLD HARMLESS. 19 Notwithstanding any other provision of law, for fiscal 20 years 2021 and 2022, the Secretary of Transportation shall 21 allow project sponsors, at the request of such sponsor, to 22 submit ridership and service data and projections collected 23 before January 20, 2020 and projections based on that data 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00731 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 732 •HR 3684 RH to determine project eligibility under section 5309 of title 1 49, United States Code. 2 SEC. 2113. STUDY ON ACCESSIBILITY OF PUBLIC TRANS- 3 PORTATION. 4 (a) REPORT.—Not later than 1 year after the date of 5 enactment of this Act, the Secretary of Transportation shall 6 submit to Congress a report that includes— 7 (1) a description of the challenges faced by each 8 of the populations described in subsection (b) when 9 riding public transportation; and 10 (2) recommendations to improve the accessibility 11 of federally-funded public transportation for the pop- 12 ulations described in subsection (b). 13 (b) COVERED POPULATIONS.—The populations de- 14 scribed in subsection (a) shall be— 15 (1) pregnant women; and 16 (2) individuals living in areas of persistent pov- 17 erty, as such term is defined in section 172(l) of title 18 23, United States Code, as added by this Act, and in- 19 dividuals that are unbanked or underbanked. 20 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00732 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 733 •HR 3684 RH Subtitle B—Improving Frequency 1 and Ridership 2 SEC. 2201. MULTI-JURISDICTIONAL BUS FREQUENCY AND 3 RIDERSHIP COMPETITIVE GRANTS. 4 (a) IN GENERAL.—Chapter 53 of title 49, United 5 States Code, is amended by inserting after section 5307 the 6 following new section: 7 ‘‘§ 5308. Multi-jurisdictional bus frequency and rider- 8 ship competitive grants 9 ‘‘(a) IN GENERAL.—The Secretary shall make grants 10 under this section, on a competitive basis, to eligible recipi- 11 ents to increase the frequency of bus service and the rider- 12 ship of public transit buses. 13 ‘‘(b) APPLICATIONS.—To be eligible for a grant under 14 this section, an eligible recipient shall submit to the Sec- 15 retary an application at such time, in such manner, and 16 containing such information as the Secretary may require. 17 ‘‘(c) APPLICATION TIMING.—Not later than 90 days 18 after amounts are made available to carry out this section, 19 the Secretary shall solicit grant applications from eligible 20 recipients for projects described in subsection (d). 21 ‘‘(d) USES OF FUNDS.—An eligible recipient of a 22 grant under this section shall use such grant for transpor- 23 tation capital projects that— 24 ‘‘(1) increase— 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00733 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 734 •HR 3684 RH ‘‘(A) the frequency of bus service; 1 ‘‘(B) bus ridership; and 2 ‘‘(C) total person throughput; and 3 ‘‘(2) are consistent with, and as described in, the 4 design guidance issued by the National Association of 5 City Transportation Officials and titled ‘Transit 6 Street Design Guide’. 7 ‘‘(e) GRANT CRITERIA.—In making grants under this 8 section, the Secretary shall consider the following: 9 ‘‘(1) Each eligible recipient’s projected increase 10 in bus frequency. 11 ‘‘(2) Each eligible recipient’s projected increase 12 in bus ridership. 13 ‘‘(3) Each eligible recipient’s projected increase 14 in total person throughput. 15 ‘‘(4) The degree of regional collaboration de- 16 scribed in each eligible recipient’s application, includ- 17 ing collaboration with— 18 ‘‘(A) a local government entity that operates 19 a public transportation service; 20 ‘‘(B) local government agencies that control 21 street design; 22 ‘‘(C) metropolitan planning organizations 23 (as such term is defined in section 5303); and 24 ‘‘(D) State departments of transportation. 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00734 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 735 •HR 3684 RH ‘‘(f) GRANT TIMING.—The Secretary shall award 1 grants under this section not later than 120 days after the 2 date on which the Secretary completes the solicitation de- 3 scribed in subsection (c). 4 ‘‘(g) REQUIREMENTS OF THE SECRETARY.—In car- 5 rying out the program under this section, the Secretary 6 shall— 7 ‘‘(1) not later than the date described in sub- 8 section (c), publish in the Federal Register a list of 9 all metrics and evaluation procedures to be used in 10 making grants under this section; and 11 ‘‘(2) publish in the Federal Register— 12 ‘‘(A) a summary of the final metrics and 13 evaluations used in making grants under this 14 section; and 15 ‘‘(B) a list of the ratings of eligible recipi- 16 ents receiving a grant under this section based 17 on such metrics and evaluations. 18 ‘‘(h) FEDERAL SHARE.— 19 ‘‘(1) IN GENERAL.—The Federal share of the cost 20 of a project carried out under this section shall not 21 exceed 80 percent. 22 ‘‘(2) RESTRICTION ON GRANT AMOUNTS.—The 23 Secretary may make a grant for a project under this 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00735 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 736 •HR 3684 RH section in an amount up to 150 percent of the 1 amount— 2 ‘‘(A) provided for such project under title 3 23; and 4 ‘‘(B) provided for such project from non- 5 Federal funds budgeted for roadways. 6 ‘‘(i) REQUIREMENTS OF SECTION 5307.—Except as 7 otherwise provided in this section, a grant under this sec- 8 tion shall be subject to the requirements of section 5307. 9 ‘‘(j) AVAILABILITY OF FUNDS.— 10 ‘‘(1) IN GENERAL.—Amounts made available to 11 carry out this section shall remain available for 4 fis- 12 cal years after the fiscal year for which the amount 13 was made available. 14 ‘‘(2) UNOBLIGATED AMOUNTS.—After the expira- 15 tion of the period described in paragraph (1) for an 16 amount made available to carry out this section, any 17 unobligated amounts made available to carry out this 18 section shall be added to the amounts made available 19 for the following fiscal year. 20 ‘‘(k) ELIGIBLE RECIPIENTS.—In this section, the term 21 ‘eligible recipient’ means a recipient of a grant under sec- 22 tion 5307 in an urbanized area with a population greater 23 than 500,000.’’. 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00736 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 737 •HR 3684 RH (b) CLERICAL AMENDMENT.—The analysis for chapter 1 53 of title 49, United States Code, is amended by inserting 2 after the item relating to section 5307 the following new 3 item: 4 ‘‘5308. Multi-jurisdictional bus frequency and ridership competitive grants.’’. SEC. 2202. INCENTIVIZING FREQUENCY IN THE URBAN FOR- 5 MULA. 6 Section 5336 of title 49, United States Code, is amend- 7 ed— 8 (1) in subsection (b)— 9 (A) in paragraph (2)— 10 (i) in subparagraph (A)— 11 (I) in the matter preceding clause 12 (i) by striking ‘‘95.61 percent’’ and in- 13 serting ‘‘95 percent’’; 14 (II) in clause (i) by striking 15 ‘‘95.61 percent’’ and inserting ‘‘95 per- 16 cent’’; and 17 (III) in clause (ii) by striking 18 ‘‘95.61 percent’’ and inserting ‘‘95 per- 19 cent’’; and 20 (ii) in subparagraph (B)— 21 (I) in the matter preceding clause 22 (i) by striking ‘‘4.39 percent’’ and in- 23 serting ‘‘5 percent’’; 24 (II) in clause (i)— 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00737 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 738 •HR 3684 RH (aa) by inserting ‘‘in the 1 highest 25 percent of routes by 2 ridership’’ before ‘‘multiplied by’’; 3 and 4 (bb) by striking ‘‘vehicle pas- 5 senger miles traveled for each dol- 6 lar of operating cost in an area’’ 7 and inserting ‘‘vehicles operating 8 in peak revenue service per hour 9 in the highest 25 percent of routes 10 by ridership’’; and 11 (III) in clause (ii)— 12 (aa) by inserting ‘‘in the 13 highest 25 percent of routes by 14 ridership’’ before ‘‘multiplied by’’; 15 and 16 (bb) by striking ‘‘vehicle pas- 17 senger miles traveled for each dol- 18 lar of operating cost in all areas’’ 19 and inserting ‘‘vehicles operating 20 in peak revenue service per hour 21 in the highest 25 percent of routes 22 by ridership’’; and 23 (B) by adding at the end the following: 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00738 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 739 •HR 3684 RH ‘‘(3) SPECIAL RULE.—For fiscal years 2023 and 1 2024, the percentage— 2 ‘‘(A) in paragraph (2)(A) in the matter 3 preceding clause (i) shall be treated as 100 per- 4 cent; and 5 ‘‘(B) in paragraph (2)(B) in the matter 6 preceding clause (i) shall be treated as 0 per- 7 cent.’’; 8 (2) in subsection (c)— 9 (A) in paragraph (1) by striking ‘‘90.8 per- 10 cent’’ and inserting ‘‘90 percent’’ each place it 11 appears; 12 (B) in paragraph (2)— 13 (i) by striking ‘‘9.2 percent’’ and in- 14 serting ‘‘8 percent’’; 15 (ii) by striking ‘‘200,000’’ and insert- 16 ing ‘‘500,000’’; 17 (iii) by striking subparagraph (A) and 18 inserting the following: 19 ‘‘(A) the number of bus passenger miles 20 traveled on the highest 25 percent of routes by 21 ridership multiplied by the number of buses op- 22 erating in peak revenue service per hour on the 23 highest 25 percent of routes by ridership; divided 24 by’’; and 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00739 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 740 •HR 3684 RH (iv) by striking subparagraph (B) and 1 inserting the following: 2 ‘‘(B) the total number of bus passenger 3 miles traveled on the highest 25 percent of routes 4 by ridership multiplied by the total number of 5 buses operating in peak revenue service per hour 6 on the highest 25 percent of routes by ridership 7 in all areas.’’; and 8 (C) by adding at the end the following: 9 ‘‘(3) Two percent of the total amount appor- 10 tioned under this subsection shall be apportioned so 11 that each urbanized area with a population of at least 12 200,000 and less than 500,000 is entitled to receive 13 an amount using the formula in paragraph (1). 14 ‘‘(4) For fiscal years 2023 and 2024, the percent- 15 age— 16 ‘‘(A) in paragraph (1) in the matter pre- 17 ceding subparagraph (A) shall be treated as 100 18 percent; 19 ‘‘(B) in paragraph (2) in the matter pre- 20 ceding subparagraph (A) shall be treated as 0 21 percent; and 22 ‘‘(C) in paragraph (3) shall be treated as 0 23 percent.’’; and 24 (3) by adding at the end the following: 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00740 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 741 •HR 3684 RH ‘‘(k) PEAK REVENUE SERVICE DEFINED.—In this sec- 1 tion, the term ‘peak revenue service’ means the time period 2 between the time in the morning that an agency first ex- 3 ceeds the number of midday vehicles in revenue service and 4 the time in the evening that an agency falls below the num- 5 ber of midday vehicles in revenue service.’’. 6 SEC. 2203. MOBILITY INNOVATION. 7 (a) IN GENERAL.—Chapter 53 of title 49, United 8 States Code, is amended by inserting after section 5315 the 9 following new section: 10 ‘‘§ 5316. Mobility innovation 11 ‘‘(a) IN GENERAL.—Amounts made available to a cov- 12 ered recipient to carry out sections 5307, 5310, and 5311 13 may be used by such covered recipient under this section 14 to assist in the financing of— 15 ‘‘(1) mobility as a service; and 16 ‘‘(2) mobility on demand services. 17 ‘‘(b) FEDERAL SHARE.— 18 ‘‘(1) IN GENERAL.—Except as provided in para- 19 graphs (2) and (3), the Federal share of the net cost 20 of a project carried out under this section shall not 21 exceed 70 percent. 22 ‘‘(2) INSOURCING INCENTIVE.—Notwithstanding 23 paragraph (1), the Federal share of the net cost of a 24 project described in paragraph (1) shall, at the re- 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00741 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 742 •HR 3684 RH quest of the project sponsor, be increased by up to 10 1 percent for mobility on demand service operated ex- 2 clusively by personnel employed by the recipient. 3 ‘‘(3) ZERO EMISSION INCENTIVE.—Notwith- 4 standing paragraph (1), the Federal share of the net 5 cost of a project described in paragraph (1) shall, at 6 the request of the project sponsor, be increased by up 7 to 10 percent if such project involves an eligible use 8 that uses a vehicle that produces zero carbon dioxide 9 or particulate matter. 10 ‘‘(c) ELIGIBLE USES.— 11 ‘‘(1) IN GENERAL.—The Secretary shall publish 12 guidance describing eligible activities that are dem- 13 onstrated to— 14 ‘‘(A) increase transit ridership; 15 ‘‘(B) be complementary to fixed route tran- 16 sit service; 17 ‘‘(C) demonstrate meaningful improvements 18 in— 19 ‘‘(i) environmental metrics, including 20 standards established pursuant to the Clean 21 Air Act (42 U.S.C. 7401 et seq.) and green- 22 house gas performance targets established 23 pursuant to section 150(d) of title 23; 24 ‘‘(ii) traffic congestion; 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00742 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 743 •HR 3684 RH ‘‘(iii) compliance with the require- 1 ments under the Americans with Disabil- 2 ities Act of 1990 (42 U.S.C. 12101 et seq.); 3 ‘‘(iv) low-income service to increase ac- 4 cess to employment, healthcare, and other 5 essential services; 6 ‘‘(v) service during times of the day 7 when regular transit service is not oper- 8 ating, as long as regular transit service 9 hours are not reduced; 10 ‘‘(vi) new service that operates in areas 11 of lower density that are unserved or under- 12 served by regular transit service; 13 ‘‘(vii) rural service; and 14 ‘‘(viii) improvement in paratransit 15 service quality. 16 ‘‘(2) FARE COLLECTION MODERNIZATION.—In 17 developing guidance referred to in this section, the 18 Secretary shall ensure that— 19 ‘‘(A) all costs associated with installing, 20 modernizing, and managing fare collection, in- 21 cluding touchless payment systems, shall be con- 22 sidered eligible expenses under this title and sub- 23 ject to the applicable Federal share; and 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00743 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 744 •HR 3684 RH ‘‘(B) such guidance includes guidance on 1 how agencies shall provide unbanked and under- 2 banked users with an opportunity to benefit from 3 mobility as a service platforms. 4 ‘‘(3) PROHIBITION ON USE OF FUNDS.—Amounts 5 used by a covered recipient for projects eligible under 6 this section may not be used for— 7 ‘‘(A) single passenger vehicle miles (in a 8 passenger motor vehicle, as such term is defined 9 in section 32101, that carries less than 9 pas- 10 sengers), unless the trip— 11 ‘‘(i) meets the definition of public 12 transportation; and 13 ‘‘(ii) begins or completes a fixed route 14 public transportation trip; 15 ‘‘(B) deadhead vehicle miles; or 16 ‘‘(C) any service considered a taxi service 17 that operates under an exemption from testing 18 requirements under section 5331. 19 ‘‘(d) FEDERAL REQUIREMENTS.—A project carried out 20 under this section shall be treated as if such project were 21 carried out under the section from which the funds were 22 provided to carry out such project, including the applica- 23 tion of any additional requirements provided for by law 24 that apply to section 5307, 5310, or 5311, as applicable. 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00744 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 745 •HR 3684 RH ‘‘(e) WAIVER.— 1 ‘‘(1) INDIVIDUAL WAIVER.—Except as provided 2 in paragraphs (2) and (3), the Secretary may waive 3 any requirement applied to a project carried out 4 under this section pursuant to subsection (d) if the 5 Secretary determines that the project would— 6 ‘‘(A) not undermine labor standards; 7 ‘‘(B) increase employment opportunities of 8 the recipient unless the Secretary determines that 9 such a waiver does not affect employment oppor- 10 tunities; and 11 ‘‘(C) be consistent with the public interest. 12 ‘‘(2) WAIVER UNDER OTHER SECTIONS.—The 13 Secretary may not waive any requirement under 14 paragraph (1) for which a waiver is otherwise avail- 15 able. 16 ‘‘(3) PROHIBITION OF WAIVER.—Notwith- 17 standing paragraph (1), the Secretary may not waive 18 any requirement of— 19 ‘‘(A) section 5333; 20 ‘‘(B) section 5331; 21 ‘‘(C) section 5302(14); and 22 ‘‘(D) chapter 53 that establishes a max- 23 imum Federal share for operating costs. 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00745 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 746 •HR 3684 RH ‘‘(4) APPLICATION OF SECTION 5320.—Notwith- 1 standing paragraphs (1) and (2), the Secretary may 2 only waive the requirements of section 5320 with re- 3 spect to— 4 ‘‘(A) a passenger vehicle owned by an indi- 5 vidual; 6 ‘‘(B) subsection (q) of such section for any 7 passenger vehicle not owned by an individual for 8 the period beginning on the date of enactment of 9 this section and ending 3 years after such date; 10 ‘‘(C) any shared micromobility device for 11 the period beginning on the date of enactment of 12 this section and ending on the date that is 3 13 years after such date; and 14 ‘‘(D) rolling stock that is part of a dedi- 15 cated fleet of vehicles for the provision of micro- 16 transit that is operated by, or exclusively on be- 17 half of, the covered recipient for the period begin- 18 ning on the date of enactment of this section and 19 ending on the date that is 3 years after such 20 date. 21 ‘‘(5) LIMITATION.—A waiver issued under sub- 22 paragraphs (B), (C), or (D) of paragraph (4) may 23 only be issued on an individual project basis at the 24 request of the covered recipient and may not be re- 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00746 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 747 •HR 3684 RH newed or extended beyond the initial 3-year period of 1 the waiver. 2 ‘‘(f) OPEN DATA STANDARDS.— 3 ‘‘(1) IN GENERAL.—Not later than 90 days after 4 the date of enactment of this section, the Secretary 5 shall initiate procedures under subchapter III of 6 chapter 5 of title 5 to develop an open data standard 7 and an application programming interface necessary 8 to carry out this section. 9 ‘‘(2) REGULATIONS.—The regulations required 10 under paragraph (1) shall require public transpor- 11 tation agencies, mobility on demand providers, mobil- 12 ity as a service technology providers, other non-gov- 13 ernment actors, and local governments the efficient 14 means to transfer data to— 15 ‘‘(A) foster the efficient use of transpor- 16 tation capacity; 17 ‘‘(B) enhance the management of new modes 18 of mobility; 19 ‘‘(C) enable the use of innovative planning 20 tools; 21 ‘‘(D) enable single payment systems for all 22 mobility on demand services; 23 ‘‘(E) establish metropolitan planning orga- 24 nization, State, and local government access to 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00747 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 748 •HR 3684 RH anonymized data for transportation planning, 1 real time operations data, and rules; 2 ‘‘(F) prohibit the transfer of personally 3 identifiable information; 4 ‘‘(G) protect confidential business informa- 5 tion; 6 ‘‘(H) enhance cybersecurity protections; and 7 ‘‘(I) allow data governance, including but 8 not limited to licensing and terms of information 9 sharing, periodic risk assessments, policies re- 10 garding data retention and information han- 11 dling policies, and anonymization techniques. 12 ‘‘(3) PROHIBITION ON FOR PROFIT ACTIVITY.— 13 Any data received by an entity under this subsection 14 may not be sold, leased, or otherwise used to generate 15 profit, except for the direct provision of the related 16 mobility on demand services and mobility as a serv- 17 ice. 18 ‘‘(4) COMMITTEE.—A negotiated rulemaking 19 committee established pursuant to section 565 of title 20 5 to carry out this subsection shall have a maximum 21 of 17 members limited to representatives of the De- 22 partment of Transportation, State and local govern- 23 ments, metropolitan planning organizations, urban 24 and rural covered recipients, associations that rep- 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00748 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 749 •HR 3684 RH resent public transit agencies, representatives from at 1 least 3 different organizations engaged in collective 2 bargaining on behalf of transit workers in not fewer 3 than 3 States, mobility on demand providers, and 4 mobility as a service technology providers. 5 ‘‘(5) PUBLICATION OF PROPOSED REGULA- 6 TIONS.—Proposed regulations to implement this sec- 7 tion shall be published in the Federal Register by the 8 Secretary not later than 18 months after such date of 9 enactment. 10 ‘‘(6) EXTENSION OF DEADLINES.—A deadline set 11 forth in paragraph (4) may be extended up to 180 12 days if the negotiated rulemaking committee referred 13 to in paragraph (5) concludes that the committee can- 14 not meet the deadline and the Secretary so notifies the 15 Committee on Transportation and Infrastructure of 16 the House of Representatives and the Committee on 17 Banking, Housing, and Urban Affairs of the Senate. 18 ‘‘(g) APPLICATION OF RECIPIENT VEHICLE REVENUE 19 MILES.—With respect to vehicle revenue miles with one pas- 20 senger of a covered recipient using amounts under this sec- 21 tion, such miles— 22 ‘‘(1) shall be included in the National Transit 23 Database under section 5335; and 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00749 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 750 •HR 3684 RH ‘‘(2) shall be excluded from vehicle revenue miles 1 data used in the calculation described in section 5336. 2 ‘‘(h) SAVINGS CLAUSE.—Subsection (c)(2) and sub- 3 section (g) shall not apply to any eligible activities under 4 this section if such activities are— 5 ‘‘(1) being carried out in compliance with the 6 Americans with Disabilities Act of 1990 (42 U.S.C. 7 12101 et seq.); or 8 ‘‘(2) projects eligible under section 5310 that ex- 9 ceed the requirements of the Americans with Disabil- 10 ities Act of 1990 (42 U.S.C. 12101 et seq.). 11 ‘‘(i) DEFINITIONS.—In this section: 12 ‘‘(1) COVERED RECIPIENT.—The term ‘covered 13 recipient’ means a State or local government entity, 14 private nonprofit organization, or Tribe that— 15 ‘‘(A) operates a public transportation serv- 16 ice; and 17 ‘‘(B) is a recipient or subrecipient of funds 18 under section 5307, 5310, or 5311. 19 ‘‘(2) DEADHEAD VEHICLE MILES.—The term 20 ‘deadhead vehicle miles’ means the miles that a vehi- 21 cle travels when out of revenue service, including leav- 22 ing or returning to the garage or yard facility, chang- 23 ing routes, when there is no expectation of carrying 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00750 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 751 •HR 3684 RH revenue passengers, and any miles traveled by a pri- 1 vate operator without a passenger. 2 ‘‘(3) MOBILITY AS A SERVICE.—The term ‘mobil- 3 ity as a service’ means services that constitute the in- 4 tegration of mobility on demand services and public 5 transportation that are available and accessible to all 6 travelers, provide multimodal trip planning, and a 7 unified payment system. 8 ‘‘(4) MOBILITY ON DEMAND.—The term ‘mobility 9 on demand’ means an on-demand transportation 10 service shared among individuals, either concurrently 11 or one after another.’’. 12 (b) CLERICAL AMENDMENT.—The analysis for chapter 13 53 of title 49, United States Code, is amended by inserting 14 after the item relating to section 5315 the following new 15 item: 16 ‘‘5316. Mobility innovation.’’. (c) EFFECTIVE DATE.—This section and the amend- 17 ments made by this section shall take effect on the date on 18 which the Secretary of Transportation has finalized both— 19 (1) the guidance required under section 5316(c) 20 of title 49, United States Code; and 21 (2) the regulations required under section 22 5316(f) of title 49, United States Code. 23 (d) SAVINGS CLAUSE.—Nothing in this section, or the 24 amendments made by this section, shall prohibit the use of 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00751 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 752 •HR 3684 RH funds for an eligible activity or pilot project of a covered 1 recipient authorized under the law in effect on the day be- 2 fore the date of enactment of this Act before the effective 3 date described in subsection (c). 4 SEC. 2204. FORMULA GRANTS FOR RURAL AREAS. 5 Section 5311 of title 49, United States Code, is amend- 6 ed— 7 (1) in subsection (b)— 8 (A) in paragraph (2) by adding at the end 9 the following: 10 ‘‘(D) CENSUS DESIGNATION.—The Secretary 11 may approve a State program that allocates not 12 more than 5 percent of such State’s apportion- 13 ment to assist rural areas that were redesignated 14 as urban areas not more than 2 fiscal years after 15 the last census designation of urbanized area 16 boundaries.’’; and 17 (B) in paragraph (3) by striking ‘‘section 18 5338(a)(2)(F)’’ and inserting ‘‘section 19 5338(a)(2)(E)’’; 20 (2) in subsection (c)— 21 (A) in paragraph (1)— 22 (i) in the matter preceding subpara- 23 graph (A) by striking ‘‘section 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00752 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 753 •HR 3684 RH 5338(a)(2)(F)’’ and inserting ‘‘section 1 5338(a)(2)(E)’’; 2 (ii) in subparagraph (A) by striking 3 ‘‘$5,000,000’’ and inserting ‘‘$10,000,000’’; 4 and 5 (iii) in subparagraph (B) by striking 6 ‘‘$30,000,000’’ and inserting ‘‘the amount 7 remaining under section 5338(a)(2)(E)(i) 8 after the amount under subparagraph (A) is 9 distributed’’; 10 (B) in paragraph (2)(C) by striking ‘‘sec- 11 tion 5338(a)(2)(F)’’ and inserting ‘‘section 12 5338(a)(2)(E)’’; and 13 (C) in paragraph (3)— 14 (i) in subparagraph (A) by striking 15 ‘‘section 5338(a)(2)(F)’’ and inserting ‘‘sec- 16 tion 5338(a)(2)(E)’’; and 17 (ii) by striking subparagraphs (B) and 18 (C) and inserting the following: 19 ‘‘(B) LAND AREA.— 20 ‘‘(i) IN GENERAL.—Subject to clause 21 (ii), each State shall receive an amount that 22 is equal to 15 percent of the amount appor- 23 tioned under this paragraph, multiplied by 24 the ratio of the land area in rural areas in 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00753 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 754 •HR 3684 RH that State and divided by the land area in 1 all rural areas in the United States, as 2 shown by the most recent decennial census 3 of population. 4 ‘‘(ii) MAXIMUM APPORTIONMENT.—No 5 State shall receive more than 5 percent of 6 the amount apportioned under clause (i). 7 ‘‘(C) POPULATION.—Each State shall re- 8 ceive an amount equal to 50 percent of the 9 amount apportioned under this paragraph, mul- 10 tiplied by the ratio of the population of rural 11 areas in that State and divided by the popu- 12 lation of all rural areas in the United States, as 13 shown by the most recent decennial census of 14 population. 15 ‘‘(D) VEHICLE REVENUE MILES.— 16 ‘‘(i) IN GENERAL.—Subject to clause 17 (ii), each State shall receive an amount that 18 is equal to 25 percent of the amount appor- 19 tioned under this paragraph, multiplied by 20 the ratio of vehicle revenue miles in rural 21 areas in that State and divided by the vehi- 22 cle revenue miles in all rural areas in the 23 United States, as determined by national 24 transit database reporting. 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00754 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 755 •HR 3684 RH ‘‘(ii) MAXIMUM APPORTIONMENT.—No 1 State shall receive more than 5 percent of 2 the amount apportioned under clause (i). 3 ‘‘(E) LOW-INCOME INDIVIDUALS.—Each 4 State shall receive an amount that is equal to 10 5 percent of the amount apportioned under this 6 paragraph, multiplied by the ratio of low-income 7 individuals in rural areas in that State and di- 8 vided by the number of low-income individuals 9 in all rural areas in the United States, as shown 10 by the Bureau of the Census.’’; 11 (3) in subsection (f)— 12 (A) in paragraph (1) by inserting ‘‘A State 13 may expend funds to continue service into an- 14 other State to extend a route.’’ before ‘‘Eligible 15 activities under’’; 16 (B) in paragraph (2) by inserting ‘‘and 17 makes the certification and supporting docu- 18 ments publicly available’’ before the period at the 19 end; and 20 (C) by adding at the end the following: 21 ‘‘(3) MEANINGFUL CONNECTIONS.—All projects 22 funded under this subsection shall directly serve, or 23 make meaningful scheduled connections to, the na- 24 tional intercity bus network.’’; and 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00755 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 756 •HR 3684 RH (4) in subsection (g) by adding at the end the 1 following: 2 ‘‘(6) ALLOWANCE FOR VOLUNTEER HOURS.— 3 ‘‘(A) APPLICABLE REGULATIONS.—For any 4 funds provided by a department or agency of the 5 Government under paragraph (3)(D) or by a 6 service agreement under paragraph (3)(C), and 7 such department or agency has regulations in 8 place that provide for the valuation of volunteer 9 hours as allowable in-kind contributions toward 10 the non-Federal share of project costs, such regu- 11 lations shall be used to determine the allowable 12 valuation of volunteer hours as an in-kind con- 13 tribution toward the non-Federal remainder of 14 net project costs for a transit project funded 15 under this section. 16 ‘‘(B) LIMITATIONS.—Subparagraph (A) 17 shall not apply to the provision of fixed-route 18 bus services funded under this section.’’. 19 SEC. 2205. ONE-STOP PARATRANSIT PROGRAM. 20 Section 5310 of title 49, United States Code, is amend- 21 ed by adding at the end the following: 22 ‘‘(j) ONE-STOP PARATRANSIT PROGRAM.— 23 ‘‘(1) IN GENERAL.—Not later than 6 months 24 after the date of enactment of this subsection, the Sec- 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00756 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 757 •HR 3684 RH retary shall establish a one-stop paratransit competi- 1 tive grant program to encourage an extra stop in 2 non-fixed route Americans with Disabilities Act of 3 1990 (42 U.S.C. 12101 et seq.) service for a para- 4 transit rider to complete essential tasks. 5 ‘‘(2) PREFERENCE.—The Secretary shall give 6 preference to eligible recipients that— 7 ‘‘(A) have comparable data for the year 8 prior to implementation of the grant program 9 and made available to the Secretary, academic 10 and nonprofit organizations for research pur- 11 poses; and 12 ‘‘(B) plan to use agency personnel to imple- 13 ment the pilot program. 14 ‘‘(3) APPLICATION CRITERIA.—To be eligible to 15 participate in the grant program, an eligible recipi- 16 ent shall submit to the Secretary an application con- 17 taining such information as the Secretary may re- 18 quire, including information on— 19 ‘‘(A) locations the eligible entity intends to 20 allow a stop at, if stops are limited, including— 21 ‘‘(i) childcare or education facilities; 22 ‘‘(ii) pharmacies; 23 ‘‘(iii) grocery stores; and 24 ‘‘(iv) bank or ATM locations; 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00757 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 758 •HR 3684 RH ‘‘(B) methodology for informing the public 1 of the grant program; 2 ‘‘(C) vehicles, personnel, and other resources 3 that will be used to implement the grant pro- 4 gram; 5 ‘‘(D) if the applicant does not intend the 6 grant program to apply to the full area under 7 the jurisdiction of the applicant, a description of 8 the geographic area in which the applicant in- 9 tends the grant program to apply; and 10 ‘‘(E) the anticipated amount of increased 11 operating costs. 12 ‘‘(4) SELECTION.—The Secretary shall seek to 13 achieve diversity of participants in the grant pro- 14 gram by selecting a range of eligible entities that in- 15 cludes at least— 16 ‘‘(A) 5 eligible recipients that serve an area 17 with a population of 50,000 to 200,000; 18 ‘‘(B) 10 eligible recipients that serve an 19 area with a population of over 200,000; and 20 ‘‘(C) 5 eligible recipients that provide trans- 21 portation for rural communities. 22 ‘‘(5) DATA-SHARING CRITERIA.—An eligible re- 23 cipient in this subsection shall provide data as the 24 Secretary requires, which may include— 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00758 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 759 •HR 3684 RH ‘‘(A) number of ADA paratransit trips con- 1 ducted each year; 2 ‘‘(B) requested time of each paratransit 3 trip; 4 ‘‘(C) scheduled time of each paratransit 5 trip; 6 ‘‘(D) actual pickup time for each para- 7 transit trip; 8 ‘‘(E) average length of a stop in the middle 9 of a ride as allowed by this subsection; 10 ‘‘(F) any complaints received by a para- 11 transit rider; 12 ‘‘(G) rider satisfaction with paratransit 13 services; and 14 ‘‘(H) after the completion of the grant, an 15 assessment by the eligible recipient of its capac- 16 ity to continue a one-stop program independ- 17 ently. 18 ‘‘(6) REPORT.— 19 ‘‘(A) IN GENERAL.—The Secretary shall 20 make publicly available an annual report on the 21 program carried out under this subsection for 22 each fiscal year, not later than December 31 of 23 the calendar year in which such fiscal year ends. 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00759 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 760 •HR 3684 RH ‘‘(B) CONTENTS.—The report required 1 under subparagraph (A) shall include a detailed 2 description of the activities carried out under the 3 program, and an evaluation of the program, in- 4 cluding an evaluation of the data shared by eli- 5 gible recipients under paragraph (5).’’. 6 Subtitle C—Buy America and Other 7 Procurement Reforms 8 SEC. 2301. BUY AMERICA. 9 (a) BUY AMERICA.— 10 (1) IN GENERAL.—Chapter 53 of title 49, United 11 States Code, is amended by inserting before section 12 5321 the following: 13 ‘‘§ 5320. Buy America 14 ‘‘(a) IN GENERAL.—The Secretary may obligate an 15 amount that may be appropriated to carry out this chapter 16 for a project only if the steel, iron, and manufactured goods 17 used in the project are produced in the United States. 18 ‘‘(b) WAIVER.—The Secretary may waive subsection 19 (a) if the Secretary finds that— 20 ‘‘(1) applying subsection (a) would be incon- 21 sistent with the public interest; 22 ‘‘(2) the steel, iron, and goods produced in the 23 United States are not produced in a sufficient and 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00760 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 761 •HR 3684 RH reasonably available amount or are not of a satisfac- 1 tory quality; 2 ‘‘(3) when procuring rolling stock (including 3 train control, communication, traction power equip- 4 ment, and rolling stock prototypes) under this chap- 5 ter— 6 ‘‘(A) the cost of components and subcompo- 7 nents produced in the United States is more 8 than 70 percent of the cost of all components of 9 the rolling stock; and 10 ‘‘(B) final assembly of the rolling stock has 11 occurred in the United States; or 12 ‘‘(4) including domestic material will increase 13 the cost of the overall project by more than 25 percent. 14 ‘‘(c) WRITTEN WAIVER DETERMINATION AND ANNUAL 15 REPORT.— 16 ‘‘(1) WAIVER PROCEDURE.—Not later than 120 17 days after the submission of a request for a waiver, 18 the Secretary shall make a determination under sub- 19 section (b)(1), (b)(2), or (b)(4) as to whether to waive 20 subsection (a). 21 ‘‘(2) PUBLIC NOTIFICATION AND COMMENT.— 22 ‘‘(A) IN GENERAL.—Not later than 30 days 23 before making a determination regarding a 24 waiver described in paragraph (1), the Secretary 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00761 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 762 •HR 3684 RH shall provide notification and an opportunity for 1 public comment on the request for such waiver. 2 ‘‘(B) NOTIFICATION REQUIREMENTS.—The 3 notification required under subparagraph (A) 4 shall— 5 ‘‘(i) describe whether the application is 6 being made for a waiver described in sub- 7 section (b)(1), (b)(2) or (b)(4); and 8 ‘‘(ii) be provided to the public by elec- 9 tronic means, including on a public website 10 of the Department of Transportation. 11 ‘‘(3) DETERMINATION.—Before a determination 12 described in paragraph (1) takes effect, the Secretary 13 shall publish a detailed justification for such deter- 14 mination that addresses all public comments received 15 under paragraph (2)— 16 ‘‘(A) on the public website of the Depart- 17 ment of Transportation; and 18 ‘‘(B) if the Secretary issues a waiver with 19 respect to such determination, in the Federal 20 Register. 21 ‘‘(4) ANNUAL REPORT.—Annually, the Secretary 22 shall submit to the Committee on Banking, Housing, 23 and Urban Affairs of the Senate and the Committee 24 on Transportation and Infrastructure of the House of 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00762 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 763 •HR 3684 RH Representatives a report listing any waiver issued 1 under paragraph (1) during the preceding year. 2 ‘‘(d) ROLLING STOCK WAIVER CONDITIONS.— 3 ‘‘(1) LABOR COSTS FOR FINAL ASSEMBLY.—In 4 this section, highly skilled labor costs involved in final 5 assembly shall be included as a separate component 6 in the cost of components and subcomponents under 7 subsection (b)(3)(A). 8 ‘‘(2) HIGH DOMESTIC CONTENT COMPONENT 9 BONUS.—In this section, in calculating the domestic 10 content of the rolling stock under subsection (b)(3)(A), 11 the percent, rounded to the nearest whole number, of 12 the domestic content in components of such rolling 13 stock, weighted by cost, shall be used in calculating 14 the domestic content of the rolling stock, except— 15 ‘‘(A) with respect to components that ex- 16 ceed— 17 ‘‘(i) 70 percent domestic content, the 18 Secretary shall add 10 additional percent to 19 the component’s domestic content when cal- 20 culating the domestic content of the rolling 21 stock; and 22 ‘‘(ii) 75 percent domestic content, the 23 Secretary shall add 15 additional percent to 24 the component’s domestic content when cal- 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00763 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 764 •HR 3684 RH culating the domestic content of the rolling 1 stock; and 2 ‘‘(B) in no case may a component exceed 3 100 percent domestic content when calculating 4 the domestic content of the rolling stock. 5 ‘‘(3) ROLLING STOCK FRAMES OR CAR SHELLS.— 6 ‘‘(A) INCLUSION OF COSTS.—Subject to the 7 substantiation requirement of subparagraph (B), 8 in calculating the cost of the domestic content of 9 the rolling stock under subsection (b)(3), in the 10 case of a rolling stock procurement receiving as- 11 sistance under this chapter in which the average 12 cost of a rolling stock vehicle in the procurement 13 is more than $300,000, if rolling stock frames or 14 car shells are not produced in the United States, 15 the Secretary shall include in the calculation of 16 the domestic content of the rolling stock the cost 17 of the steel or iron that is produced in the 18 United States and used in the rolling stock 19 frames or car shells. 20 ‘‘(B) SUBSTANTIATION.—If a rolling stock 21 vehicle manufacturer wishes to include in the 22 calculation of the vehicle’s domestic content the 23 cost of steel or iron produced in the United 24 States and used in the rolling stock frames and 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00764 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 765 •HR 3684 RH car shells that are not produced in the United 1 States, the manufacturer shall maintain and 2 provide upon request a mill certification that 3 substantiates the origin of the steel or iron. 4 ‘‘(4) TREATMENT OF WAIVED COMPONENTS AND 5 SUBCOMPONENTS.—In this section, a component or 6 subcomponent waived under subsection (b) shall be ex- 7 cluded from any part of the calculation required 8 under subsection (b)(3)(A). 9 ‘‘(5) ZERO-EMISSION VEHICLE DOMESTIC BAT- 10 TERY CELL INCENTIVE.—The Secretary shall add 2.5 11 percent to the total domestic content when calculating 12 the domestic content of the rolling stock for any zero- 13 emission vehicle that uses only battery cells for pro- 14 pulsion that are manufactured domestically. 15 ‘‘(6) PROHIBITION ON DOUBLE COUNTING.— 16 ‘‘(A) IN GENERAL.—No labor costs included 17 in the cost of a component or subcomponent by 18 the manufacturer of rolling stock may be treated 19 as rolling stock assembly costs for purposes of 20 calculating domestic content. 21 ‘‘(B) VIOLATION.—A violation of this para- 22 graph shall be treated as a false claim under 23 subchapter III of chapter 37 of title 31. 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00765 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 766 •HR 3684 RH ‘‘(7) DEFINITION OF HIGHLY SKILLED LABOR 1 COSTS.—In this subsection, the term ‘highly skilled 2 labor costs’— 3 ‘‘(A) means the apportioned value of direct 4 wage compensation associated with final assem- 5 bly activities of workers directly employed by a 6 rolling stock original equipment manufacturer 7 and directly associated with the final assembly 8 activities of a rolling stock vehicle that advance 9 the value or improve the condition of the end 10 product; 11 ‘‘(B) does not include any temporary or in- 12 direct activities or those hired via a third-party 13 contractor or subcontractor; 14 ‘‘(C) are limited to metalworking, fabrica- 15 tion, welding, electrical, engineering, and other 16 technical activities requiring training; 17 ‘‘(D) are not otherwise associated with ac- 18 tivities required under section 661.11 of title 49, 19 Code of Federal Regulations; and 20 ‘‘(E) includes only activities performed in 21 the United States and does not include that of 22 foreign nationals providing assistance at a 23 United States manufacturing facility. 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00766 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 767 •HR 3684 RH ‘‘(e) CERTIFICATION OF DOMESTIC SUPPLY AND DIS- 1 CLOSURE.— 2 ‘‘(1) CERTIFICATION OF DOMESTIC SUPPLY.—If 3 the Secretary denies an application for a waiver 4 under subsection (b)(2), the Secretary shall provide to 5 the applicant a written certification that— 6 ‘‘(A) the steel, iron, or manufactured goods, 7 as applicable, (referred to in this paragraph as 8 the ‘item’) is produced in the United States in 9 a sufficient and reasonably available amount; 10 ‘‘(B) the item produced in the United States 11 is of a satisfactory quality; and 12 ‘‘(C) includes a list of known manufacturers 13 in the United States from which the item can be 14 obtained. 15 ‘‘(2) DISCLOSURE.—The Secretary shall disclose 16 the waiver denial and the written certification to the 17 public in the manner described in subsection (c). 18 ‘‘(f) WAIVER PROHIBITED.—The Secretary may not 19 make a waiver under subsection (b) for goods produced in 20 a foreign country if the Secretary, in consultation with the 21 United States Trade Representative, decides that the gov- 22 ernment of that foreign country— 23 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00767 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 768 •HR 3684 RH ‘‘(1) has an agreement with the United States 1 Government under which the Secretary has waived 2 the requirement of this section; and 3 ‘‘(2) has violated the agreement by discrimi- 4 nating against goods to which this section applies 5 that are produced in the United States and to which 6 the agreement applies. 7 ‘‘(g) PENALTY FOR MISLABELING AND MISREPRESEN- 8 TATION.—A person is ineligible under subpart 9.4 of the 9 Federal Acquisition Regulation, or any successor thereto, to 10 receive a contract or subcontract made with amounts au- 11 thorized under title II of division B of the INVEST in 12 America Act if a court or department, agency, or instru- 13 mentality of the Government decides the person inten- 14 tionally— 15 ‘‘(1) affixed a ‘Made in America’ label, or a label 16 with an inscription having the same meaning, to 17 goods sold in or shipped to the United States that are 18 used in a project to which this section applies but not 19 produced in the United States; or 20 ‘‘(2) represented that goods described in para- 21 graph (1) were produced in the United States. 22 ‘‘(h) STATE REQUIREMENTS.—The Secretary may not 23 impose any limitation on assistance provided under this 24 chapter that restricts a State from imposing more stringent 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00768 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 769 •HR 3684 RH requirements than this subsection on the use of articles, ma- 1 terials, and supplies mined, produced, or manufactured in 2 foreign countries in projects carried out with that assistance 3 or restricts a recipient of that assistance from complying 4 with those State-imposed requirements. 5 ‘‘(i) OPPORTUNITY TO CORRECT INADVERTENT 6 ERROR.—The Secretary may allow a manufacturer or sup- 7 plier of steel, iron, or manufactured goods to correct after 8 bid opening any certification of noncompliance or failure 9 to properly complete the certification (but not including 10 failure to sign the certification) under this subsection if 11 such manufacturer or supplier attests under penalty of per- 12 jury that such manufacturer or supplier submitted an in- 13 correct certification as a result of an inadvertent or clerical 14 error. The burden of establishing inadvertent or clerical 15 error is on the manufacturer or supplier. 16 ‘‘(j) ADMINISTRATIVE REVIEW.—A party adversely af- 17 fected by an agency action under this subsection shall have 18 the right to seek review under section 702 of title 5. 19 ‘‘(k) STEEL AND IRON.—For purposes of this section, 20 steel and iron meeting the requirements of section 661.5(b) 21 of title 49, Code of Federal Regulations, may be considered 22 produced in the United States. 23 ‘‘(l) DEFINITION OF SMALL PURCHASE.—For purposes 24 of determining whether a purchase qualifies for a general 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00769 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 770 •HR 3684 RH public interest waiver under subsection (b)(1), including 1 under any regulation promulgated under such subsection, 2 the term ‘small purchase’ means a purchase of not more 3 than $150,000. 4 ‘‘(m) PREAWARD AND POSTDELIVERY REVIEW OF 5 ROLLING STOCK PURCHASES.— 6 ‘‘(1) IN GENERAL.—The Secretary shall prescribe 7 regulations requiring a preaward and postdelivery 8 certification of a rolling stock vehicle that meets the 9 requirements of this section and Government motor 10 vehicle safety requirements to be eligible for a grant 11 under this chapter. For compliance with this sec- 12 tion— 13 ‘‘(A) Federal inspections and review are re- 14 quired; 15 ‘‘(B) a manufacturer certification is not 16 sufficient; and 17 ‘‘(C) a rolling stock vehicle that has been 18 certified by the Secretary remains certified until 19 the manufacturer makes a material change to the 20 vehicle, or adjusts the cost of all components of 21 the rolling stock, that reduces, by more than half, 22 the percentage of domestic content above 70 per- 23 cent. 24 ‘‘(2) CERTIFICATION OF PERCENTAGE.— 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00770 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 771 •HR 3684 RH ‘‘(A) IN GENERAL.—The Secretary may, at 1 the request of a component or subcomponent 2 manufacturer, certify the percentage of domestic 3 content and place of manufacturing for a compo- 4 nent or subcomponent. 5 ‘‘(B) PERIOD OF CERTIFICATION.—Any 6 component or subcomponent certified by the Sec- 7 retary shall remain certified until the manufac- 8 turer makes a material change to the domestic 9 content or the place of manufacturing of such 10 component or subcomponent. 11 ‘‘(3) FREEDOM OF INFORMATION ACT.—In car- 12 rying out this subsection, the Secretary shall apply 13 the provisions of section 552 of title 5, including sub- 14 section (b)(4) of such section. 15 ‘‘(4) NONCOMPLIANCE.—The Secretary shall pro- 16 hibit recipients from procuring rolling stock, compo- 17 nents, or subcomponents from a supplier that inten- 18 tionally provides false information to comply with 19 this subsection. 20 ‘‘(n) SCOPE.—The requirements of this section apply 21 to all contracts for a public transportation project carried 22 out within the scope of the applicable finding, determina- 23 tion, or decision under the National Environmental Policy 24 Act of 1969 (42 U.S.C. 4321 et seq.), regardless of the fund- 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00771 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 772 •HR 3684 RH ing source of such contracts, if at least one contract for the 1 public transportation project is funded with amounts made 2 available to carry out this chapter. 3 ‘‘(o) BUY AMERICA CONFORMITY.—The Secretary shall 4 ensure that all Federal funds for new commuter rail projects 5 shall comply with this section and shall not be subject to 6 section 22905(a). 7 ‘‘(p) AUDITS AND REPORTING OF WASTE, FRAUD, AND 8 ABUSE.— 9 ‘‘(1) IN GENERAL.—The Inspector General of the 10 Department of Transportation shall conduct an an- 11 nual audit on certifications under subsection (m) re- 12 garding compliance with Buy America. 13 ‘‘(2) REPORT FRAUD, WASTE, AND ABUSE.—The 14 Secretary shall display a ‘Report Fraud, Waste, and 15 Abuse’ button and link to Department of Transpor- 16 tation’s Office of Inspector General Hotline on the 17 Federal Transit Administration’s Buy America land- 18 ing page. 19 ‘‘(3) CONTRACT REQUIREMENT.—The Secretary 20 shall require all recipients who enter into contracts to 21 purchase rolling stock with funds provided under this 22 chapter to include in such contract information on 23 how to contact the Department of Transportation’s 24 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00772 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS 773 •HR 3684 RH Office of Inspector General Hotline to report sus- 1 picions of fraud, waste, and abuse. 2 ‘‘(q) PASSENGER MOTOR VEHICLES.— 3 ‘‘(1) IN GENERAL.—Any domestically manufac- 4 tured passenger motor vehicle shall be considered to be 5 produced in the United States under this section. 6 ‘‘(2) DOMESTICALLY MANUFACTURED PASSENGER 7 MOTOR VEHICLE.—In this subsection, the term ‘do- 8 mestically manufactured passenger motor vehicle’ 9 means any passenger motor vehicle, as such term is 10 defined in section 32304(a) that— 11 ‘‘(A) has under section 32304(b)(1)(B) its 12 final assembly place in the United States; and 13 ‘‘(B) the percentage (by value) of passenger 14 motor equipment under section 32304(b)(1)(A) 15 equals or exceeds 60 percent value added. 16 ‘‘(r) ROLLING STOCK COMPONENTS AND SUBCOMPO- 17 NENTS.—No bus shell, railcar frame, or other component 18 or subcomponent that is primarily made of steel or iron 19 shall be treated as produced in the United States for pur- 20 poses of subsection (b)(3) or determined to be of domestic 21 origin under section 661.11 of title 49, Code of Federal Reg- 22 ulations, if the material inputs of such component or sub- 23 component were imported into the United States and the 24 processes performed in the United States on the imported 25 VerDate Sep 11 2014 01:05 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00773 Fmt 6652 Sfmt 6203 E:\BILLS\H3684.RH H3684 kjohnson on DSK79L0C42PROD with BILLS Full text truncated for size; the complete document is in the PDF above.
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