Court filing
Bill text (engrossed House) — H.R. 3684, Infrastructure Investment and Jobs Act (IIJA/ERC) (2021-07-01)
Filed July 1, 2021 in Hr3684 Iija ERC; one of 5 filings from this case.
Record facts
| Court | U.S. Congress |
|---|---|
| Filed | 2021-07-01 |
Full text
117TH CONGRESS 1ST SESSION H. R. 3684 AN ACT To authorize funds for Federal-aid highways, highway safety programs, and transit programs, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 2 •HR 3684 EH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Investing in a New 2 Vision for the Environment and Surface Transportation 3 in America Act’’ or the ‘‘INVEST in America Act’’. 4 SEC. 2. TABLE OF CONTENTS. 5 The table of contents for this Act is as follows: 6 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 mem- ber 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. Sec. 108. Report on progress of DBE program. 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. 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. 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. 3 •HR 3684 EH Sec. 1120. Increased Federal share. 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. Sec. 1220. National scenic byways program. Sec. 1221. Funding for border infrastructure. 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. Sec. 1313. GAO Study. Sec. 1314. Sense of Congress. Sec. 1315. Pollinator-friendly practices on roadsides and highway rights-of-way. 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. 4 •HR 3684 EH Sec. 1504. Federal lands transportation program. Sec. 1505. Federal lands and Tribal major projects program. 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 workforce. 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 structures other than bridges. Sec. 1633. Transportation planning activities. Sec. 1634. Better Utilizing Infrastructure for Lasting Development of Veterans Businesses. 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. Repeal of pilot program. Sec. 1639. Technical corrections. 5 •HR 3684 EH Sec. 1640. Credit adjustments for paycheck protection program loan forgive- ness under highway and public transportation project cost re- imbursement contracts. Sec. 1641. Establishment of western riverside county national wildlife refuge. Sec. 1642. Effect of weather extremes on sustainability and reliability of road- ways. Sec. 1643. GAO report regarding Highway Trust Fund expenditures. Sec. 1644. Rural opportunities to use transportation for economic success ini- tiative. Sec. 1645. GAO study on vulnerabilities to certain threats. Sec. 1646. Extension of NHA authorizations. Sec. 1647. Electric vehicle working group. Sec. 1648. Sense of the Congress on soil and erosion control for highway projects. Sec. 1649. Local project delivery improvements. Sec. 1650. Utilization of qualified electricians. Sec. 1651. GAO study on the impact of drunk driving child endangerment laws. Sec. 1652. Regional infrastructure accelerator deomonstration program. Sec. 1653. Climate-Safe Infrastructure Working Group. Sec. 1654. Updates to manual on uniform traffic control devices. Sec. 1655. DBE Report. Sec. 1656. Study on impact of air pollution from vehicles idling in school zones. Sec. 1657. Forest Service Legacy Roads and Trails Remediation Program. Sec. 1658. Comptroller General report on high-speed internet connectivity in Federally-assisted housing. Sec. 1659. Historic Preservation Fund. Sec. 1660. HOV facility review. 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. Sec. 2114. Formula funds for rural areas. 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. Sec. 2206. New municipal transit services to better connect communities. 6 •HR 3684 EH 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. Sec. 2506. Transit to trails grant program. 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. Sec. 2605. U.S. Employment Plan. Sec. 2606. Technical assistance and workforce development. Sec. 2607. Resilient public transportation study. Sec. 2608. Sense of Congress regarding electric vehicle transition strategy. 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. 7 •HR 3684 EH 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. Sec. 3016. Report on impaired driving. Sec. 3017. Impaired driving countermeasure. Sec. 3018. Drug-impaired driving education grant program. 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. Sec. 4105. Motor carrier safety grants maintenance of effort. 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. 8 •HR 3684 EH Sec. 4208. Review of labor laws. 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 vehicles. Sec. 4409. Universal electronic identifier. Sec. 4410. Length limitations. 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. 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. Sec. 5114. Innovative material innovation hubs. Sec. 5115. Strategic transportation research agenda. Sec. 5116. Advanced transportation research and innovation program. Sec. 5117. Interagency innovative materials standards task force. Sec. 5118. Vehicular data analytics pilot program. 9 •HR 3684 EH Sec. 5119. Resilient transportation infrastructure Centers of Excellence. Subtitle B—Technology Deployment Sec. 5201. Technology and innovation deployment program. Sec. 5202. Accelerated implementation and deployment of pavement tech- nologies. 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. Surface transportation workforce retraining grant program. Sec. 5306. Third-party data integration pilot program. Sec. 5307. Third-party data planning integration pilot program. Sec. 5308. Automated commercial vehicle reporting. Sec. 5309. Task Force to Promote American Vehicle Competitiveness. Sec. 5310. Multimodal transportation demonstration program. Sec. 5311. Heavy freight automated trucking research corridor. Subtitle D—Surface Transportation Funding Pilot Programs Sec. 5401. State 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. 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. Sec. 7002. Transportation infrastructure finance and innovation act of 1998 temporary loan relief due to COVID–19. Sec. 7003. Federal requirements for TIFIA eligibility and project selection. DIVISION C—HAZARDOUS MATERIALS TRANSPORTATION 10 •HR 3684 EH Sec. 8001. Short title. TITLE I—AUTHORIZATIONS Sec. 8101. Authorization of appropriations. TITLE J—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. Sec. 8205. Transportation of carbon dioxide. Sec. 8206. Seismicity. 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. 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. 11 •HR 3684 EH Sec. 9305. High-speed rail updates. Sec. 9306. State rail planning formula funds. Sec. 9307. North Atlantic Rail Interstate Compact. 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 re- quests. 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. Sec. 9520. FRA safety inspector and specialist review. 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. Sec. 9602. Advance acquisition. Sec. 9603. University Rail Climate Innovation Institute. Sec. 9604. Workforce diversity and development. 12 •HR 3684 EH 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. 9608. Extension. Sec. 9609. GAO study on cost allocation of rail passenger transportation liabil- ity. Sec. 9608. GAO study on economic benefits of one-seat ride commuter rail. DIVISION E—SPORT FISH RESTORATION, RECREATIONAL BOATING SAFETY, AND WILDLIFE RESTORATION Sec. 9701. Short title. Sec. 9702. Division of annual appropriations. Sec. 9703. Recreational boating access. Sec. 9704. Wildlife Restoration Fund administration. Sec. 9705. Sport Fish Restoration and Boating Trust Fund. Sec. 9706. Sport Fishing and Boating Partnership Council. Sec. 9707. National culvert removal, replacement, and restoration grant pro- gram. DIVISION F—AUTO SAFETY Sec. 10101. Safety warning for occupants of hot cars. Sec. 10102. Rulemaking to install automatic shutoff systems and rollaway pre- vention technology in motor vehicles. Sec. 10103. 21st Century Smart Cars. Sec. 10104. Updating the 5-star safety rating system. Sec. 10105. Advanced drunk driving prevention technology. Sec. 10106. Limousine compliance with Federal safety standards. Sec. 10107. Study to evaluate the performance of crash avoidance systems. Sec. 10108. Study and report on motor vehicle lamps. Sec. 10109. Motor vehicle seat back safety standards. Sec. 10110. Sense of House of Representatives on regulatory framework for au- tonomous vehicles. Sec. 10111. Motor vehicle pedestrian and cyclist protection. Sec. 10112. Child restraint systems. DIVISION G—HIGHWAY TRUST FUND Sec. 11001. Extension of Highway Trust Fund expenditure authority. Sec. 11002. Additional transfers to Highway Trust Fund. DIVISION H—WATER QUALITY PROTECTION AND JOB CREATION ACT OF 2021 Sec. 12001. Short title; table of contents. Sec. 12002. Wastewater infrastructure workforce investment. Sec. 12003. Technical assistance to rural, small, and Tribal municipalities. Sec. 12004. State management assistance. Sec. 12005. Watershed, wet weather, and resiliency projects. Sec. 12006. Waiver of matching requirement for grants to District of Colum- bia. Sec. 12007. Pilot program for alternative water source projects. Sec. 12008. Sewer overflow and stormwater reuse municipal grants. Sec. 12009. Grants for the treatment of emerging contaminants. Sec. 12010. Household wastewater grant program. 13 •HR 3684 EH Sec. 12011. Smart wastewater infrastructure technology grant program. Sec. 12012. Reports to Congress. Sec. 12013. Indian Tribes. Sec. 12014. Capitalization grants. Sec. 12015. Water pollution control revolving loan funds. Sec. 12016. Allotment of funds. Sec. 12017. Reservation of funds for territories of the United States. Sec. 12018. Authorization of appropriations. Sec. 12019. Technical assistance by Municipal Ombudsman. Sec. 12020. Report on wastewater infrastructure funding for rural, economi- cally disadvantaged, and Tribal communities. Sec. 12021. Water Reuse Interagency Working Group. Sec. 12022. Disclosure of introductions of PFAS. Sec. 12023. Clean Water Act effluent limitations guidelines and standards and water quality criteria for PFAS. Sec. 12024. Nonpoint source management programs. Sec. 12025. Wastewater assistance to colonias. Sec. 12026. Household well water testing website. Sec. 12027. Study and report on effect of toilet wipes marketed as flushable. Sec. 12028. Effluent limitations for wastewater, spills, and runoff from facili- ties associated with the transport and packaging of pre-produc- tion plastic materials. Sec. 12029. Centers of Excellence for stormwater control infrastructure tech- nologies. Sec. 12030. Management of International Transboundary Water Pollution. Sec. 12031. California new river restoration. Sec. 12032. Rulemaking on climate resiliency. DIVISION I—ASSISTANCE, QUALITY, AND AFFORDABILITY ACT OF 2021 Sec. 13001. Short title; table of contents. TITLE I—INFRASTRUCTURE Sec. 13101. Drinking water system resilience funding. Sec. 13102. Grants for State programs. Sec. 13103. American iron and steel products. Sec. 13104. Assistance for disadvantaged communities. Sec. 13105. Allotments for territories. Sec. 13106. Drinking water SRF funding. Sec. 13107. Lead service line replacement. Sec. 13108. Drinking water assistance to colonias. Sec. 13109. PFAS treatment grants. Sec. 13110. Voluntary school and child care program lead testing grant pro- gram. Sec. 13111. Grant program for installation of filtration stations at schools and child care programs. Sec. 13112. Drinking water fountain replacement for schools. Sec. 13113. Indian reservation drinking water program. Sec. 13114. Assistance for areas affected by natural disasters. Sec. 13115. Water main break data clearinghouse. TITLE II—SAFETY 14 •HR 3684 EH Sec. 13201. Enabling EPA to set standards for new drinking water contami- nants. Sec. 13202. National primary drinking water regulations for PFAS. Sec. 13203. National primary drinking water regulations for microcystin toxin. Sec. 13204. National primary drinking water regulations for 1,4–dioxane. Sec. 13205. National primary drinking water regulation for chromium-6. Sec. 13206. Elimination of small system variances. TITLE III—AFFORDABILITY Sec. 13301. Emergency relief program. Sec. 13302. Low-income drinking water assistance program. Sec. 13303. Low-income wastewater assistance program. Sec. 13304. Needs assessment for nationwide rural and urban low-income com- munity water assistance program. Sec. 13305. Natural hazard education and response grant program. TITLE IV—OTHER MATTERS Sec. 13401. Small urban and rural water system consolidation report. Sec. 13402. Study on contamination of Coldwater Creek, Missouri. Sec. 13403. Report on affordability, discrimination and civil rights violations, and data collection. Sec. 13404. Water infrastructure and workforce investment. Sec. 13405. Identification of high-risk locations. DIVISION J—OUTDOOR RECREATION LEGACY PARTNERSHIP PROGRAM Sec. 14101. Outdoors for all. DIVISION K—WILDLIFE CORRIDORS CONSERVATION ACT OF 2021 Sec. 15001. Short title; table of contents. Sec. 15002. Definitions. TITLE I—NATIONAL WILDLIFE CORRIDOR SYSTEM ON FEDERAL LAND AND WATER Sec. 15101. National wildlife corridors. Sec. 15102. Administrative designation of national wildlife corridors. Sec. 15103. Management of national wildlife corridors. TITLE II—WILDLIFE CORRIDORS CONSERVATION Sec. 15201. Collaboration and coordination. Sec. 15202. Effect. Sec. 15203. Tribal wildlife corridors. Sec. 15204. Protection of indian tribes. Sec. 15205. Wildlife movements grant program. Sec. 15206. National coordination committee. Sec. 15207. Regional wildlife movement councils. Sec. 15208. National wildlife corridors database. TITLE III—FUNDING Sec. 15301. Authorization of appropriations. DIVISION L—COMMUNITY RESILIENCE AND RESTORATION FUND 15 •HR 3684 EH Sec. 16101. Definitions. Sec. 16102. Establishment of Fund. Sec. 16103. Management of the Fund. Sec. 16104. Competitive grants. Sec. 16105. Use of Amounts in the Fund. Sec. 16106. Reports. Sec. 16107. Authorization of Appropriations. DIVISION M—CLEAN ENERGY AND SUSTAINABILITY ACCELERATOR Sec. 17101. Clean Energy and Sustainability Accelerator. DIVISION N—DOMESTIC MARITIME WORKFORCE TRAINING Sec. 18101. Centers of excellence for domestic maritime workforce training and education. DIVISION O—EFFICIENT AND EFFECTIVE NEPA IMPLEMENTATION Sec. 19101. Efficient and effective NEPA implementation. DIVISION P—ELECTRIC VEHICLES TITLE I—ZERO EMISSIONS VEHICLE INFRASTRUCTURE BUILDOUT Subtitle A—Electric Vehicle Infrastructure Sec. 20101. Definitions. Sec. 20102. Electric vehicle supply equipment rebate program. Sec. 20103. Model building code for electric vehicle supply equipment. Sec. 20104. Electric vehicle supply equipment coordination. Sec. 20105. State consideration of electric vehicle charging. Sec. 20106. State energy plans. Sec. 20107. Transportation electrification. Sec. 20108. Federal fleets. Subtitle B—Electric Vehicles for Underserved Communities Sec. 20111. Expanding access to electric vehicles in underserved and disadvan- taged communities. Sec. 20112. Electric vehicle charging equity program. Sec. 20113. Ensuring program benefits for underserved and disadvantaged communities. Sec. 20114. Definitions. TITLE II—PROMOTING DOMESTIC ADVANCED VEHICLE MANUFACTURING Sec. 20201. Domestic Manufacturing Conversion Grant Program. SEC. 3. REFERENCES. 1 Except as expressly provided otherwise, any reference 2 to ‘‘this Act’’ contained in any division of this Act shall 3 16 •HR 3684 EH be treated as referring only to the provisions of that divi- 1 sion. 2 DIVISION A—FEDERAL SURFACE 3 TRANSPORTATION PRO- 4 GRAMS FOR FISCAL YEAR 5 2022 6 SEC. 101. DEFINITIONS. 7 In this division, the following definitions apply: 8 (1) HIGHWAY ACCOUNT.—The term ‘‘Highway 9 Account’’ means the portion of the Highway Trust 10 Fund that is not the Mass Transit Account. 11 (2) MASS TRANSIT ACCOUNT.—The term ‘‘Mass 12 Transit Account’’ means the portion of the Highway 13 Trust Fund established under section 9503(e)(1) of 14 the Internal Revenue Code of 1986. 15 (3) MEMBER DESIGNATED PROJECT.—The 16 term ‘‘member designated project’’ means a project 17 listed in the table in section 107. 18 (4) MEMBER DESIGNATED PROJECT FUNDS.— 19 The term ‘‘member designated project funds’’ means 20 funds reserved under subsections (d)(1)(B)(i), 21 (f)(1)(A), and (g)(1)(A) to carry out member des- 22 ignated projects listed in the table in section 107(c). 23 (5) SECRETARY.—The term ‘‘Secretary’’ means 24 the Secretary of Transportation. 25 17 •HR 3684 EH (6) STATE.—The term ‘‘State’’ means the 50 1 States and the District of Columbia. 2 (7) TERRITORY.—The term ‘‘territory’’ means 3 any of the following territories of the United States: 4 (A) American Samoa. 5 (B) The Commonwealth of the Northern 6 Mariana Islands. 7 (C) Guam. 8 (D) The United States Virgin Islands. 9 SEC. 102. EXTENSION OF FEDERAL SURFACE TRANSPOR- 10 TATION PROGRAMS. 11 (a) EXTENSION OF FEDERAL SURFACE TRANSPOR- 12 TATION PROGRAMS.— 13 (1) IN GENERAL.—Unless otherwise provided in 14 this division, the requirements, authorities, condi- 15 tions, eligibilities, limitations, and other provisions 16 authorized under the covered laws, which would oth- 17 erwise expire on or cease to apply after September 18 30, 2021, are incorporated by reference and shall 19 continue in effect through September 30, 2022. 20 (2) AUTHORIZATION OF APPROPRIATIONS.— 21 (A) HIGHWAY TRUST FUND.— 22 (i) HIGHWAY ACCOUNT.— 23 (I) IN GENERAL.—Except as pro- 24 vided in subclause (II), there is au- 25 18 •HR 3684 EH thorized to be appropriated from the 1 Highway Account for fiscal year 2022, 2 for each program under the covered 3 laws with respect to which amounts 4 are authorized to be appropriated 5 from such account for fiscal year 6 2021, an amount equal to the amount 7 authorized for appropriation with re- 8 spect to the program from such ac- 9 count for fiscal year 2021. 10 (II) ADMINISTRATIVE EX- 11 PENSES.—Notwithstanding any other 12 provision of this division, there is au- 13 thorized to be appropriated from the 14 Highway Account for fiscal year 15 2022— 16 (aa) $516,000,000 for ad- 17 ministrative expenses of the Fed- 18 eral Highway Administration, as 19 described in section 104(a) of 20 title 23, United States Code; and 21 (bb) $30,086,000 for grant 22 administrative expenses of the 23 National Highway Traffic Safety 24 Administration, as described in 25 19 •HR 3684 EH section 4001(a)(6) of the FAST 1 Act (Public Law 114–94). 2 (ii) MASS TRANSIT ACCOUNT.— 3 (I) IN GENERAL.—There is au- 4 thorized to be appropriated from the 5 Mass Transit Account for fiscal year 6 2022, for each program under the 7 covered laws with respect to which 8 amounts are authorized to be appro- 9 priated from such account for fiscal 10 year 2021, an amount equal to the 11 amount authorized for appropriation 12 with respect to the program from such 13 account for fiscal year 2021. 14 (II) CONDITION FOR APPORTION- 15 MENT.—No funds authorized in this 16 division or any other Act may be used 17 to adjust Mass Transit Account ap- 18 portionments or withhold funds from 19 Mass Transit Account apportionments 20 pursuant to section 9503(e)(4) of the 21 Internal Revenue Code of 1986 in fis- 22 cal year 2022. 23 (B) GENERAL FUND.— 24 20 •HR 3684 EH (i) IN GENERAL.—Except as provided 1 in clauses (ii) and (iii), there is authorized 2 to be appropriated for fiscal year 2022, for 3 each program under covered laws with re- 4 spect to which amounts are authorized to 5 be appropriated for fiscal year 2021 from 6 an account other than the Highway Ac- 7 count or the Mass Transit Account, an 8 amount not less than the amount author- 9 ized for appropriation with respect to the 10 program under the covered laws for fiscal 11 year 2021. 12 (ii) ADMINISTRATIVE EXPENSES.— 13 Notwithstanding any other provision of 14 this division, there is authorized to be ap- 15 propriated from the general fund of the 16 Treasury for fiscal year 2022 17 $131,500,000 for necessary administrative 18 expenses of the Federal Transit Adminis- 19 tration. 20 (iii) CAPITAL INVESTMENT GRANTS.— 21 Notwithstanding any other provision of 22 this division, there is authorized to be ap- 23 propriated from the general fund of the 24 Treasury for fiscal year 2022 25 21 •HR 3684 EH $3,250,000,000 to carry out section 5309 1 of title 49, United States Code. 2 (3) USE OF FUNDS.—Except as otherwise pro- 3 vided in this division, amounts authorized to be ap- 4 propriated for fiscal year 2022 with respect to a pro- 5 gram under paragraph (2) shall be distributed, ad- 6 ministered, limited, and made available for obliga- 7 tion in the same manner as amounts authorized to 8 be appropriated with respect to the program for fis- 9 cal year 2021 under the covered laws. 10 (4) OBLIGATION LIMITATION.— 11 (A) IN GENERAL.—Except as provided in 12 subparagraph (B), a program for which 13 amounts are authorized to be appropriated 14 under paragraph (2)(A) shall be subject to a 15 limitation on obligations for fiscal year 2022 in 16 the same amount and in the same manner as 17 the limitation applicable with respect to the 18 program for fiscal year 2021 under the title I 19 of the Transportation, Housing and Urban De- 20 velopment, and Related Agencies Appropria- 21 tions Act, 2021 (Public Law 116–260). 22 (B) FEDERAL-AID HIGHWAY AND HIGHWAY 23 SAFETY CONSTRUCTION PROGRAMS.— 24 22 •HR 3684 EH (i) IN GENERAL.—Notwithstanding 1 any other provision of this section, section 2 1102 of the FAST Act (Public Law 114– 3 94), section 1101 of title I of division B of 4 the Continuing Appropriations Act, 2021 5 and Other Extensions Act (Public Law 6 116–159), or title I of the Transportation, 7 Housing and Urban Development, and Re- 8 lated Agencies Appropriations Act, 2021 9 (Public Law 116–260), for fiscal year 10 2022, the obligations for Federal-aid high- 11 way and highway safety construction pro- 12 grams shall not exceed $46,400,294,311. 13 (ii) LIMITATION ON FEDERAL HIGH- 14 WAY ADMINISTRATION ADMINISTRATIVE 15 EXPENSES.—Notwithstanding any other 16 provision of this section, of the amount de- 17 scribed in clause (i), for fiscal year 2022 18 an amount not to exceed $492,000,000 to- 19 gether with advances and reimbursements 20 received by the Federal Highway Adminis- 21 tration, shall be obligated for necessary ex- 22 penses for administration and operation of 23 the Federal Highway Administration or 24 transferred to the Appalachian Regional 25 23 •HR 3684 EH Commission for administrative activities 1 associated with the Appalachian Develop- 2 ment Highway System. 3 (b) NATIONALLY SIGNIFICANT FREIGHT AND HIGH- 4 WAY PROJECTS.—Section 117(d)(2)(A) of title 23, United 5 States Code, is amended in the matter preceding clause 6 (i)— 7 (1) by striking ‘‘$600,000,000’’ and inserting 8 ‘‘$700,000,000’’; and 9 (2) by striking ‘‘2021’’ and inserting ‘‘2022’’. 10 (c) DISADVANTAGED BUSINESS ENTERPRISES.—Sec- 11 tion 1101(b) of the FAST Act (Public Law 114–94) (ex- 12 cept for the requirements related to gross receipts under 13 paragraph (2)(A)(ii) of such section) shall apply to 14 amounts made available under sections 102, 103, 104 of 15 this division. 16 (d) DEFINITIONS.—In this section, the term ‘‘covered 17 laws’’ means the following: 18 (1) Section 1101 of title I of division B of the 19 Continuing Appropriations Act, 2021 and Other Ex- 20 tensions Act (Public Law 116–159). 21 (2) Titles I, III, IV, V, and VI of division A of 22 the FAST Act (Public Law 114–94). 23 24 •HR 3684 EH (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 7 SAFETEA–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 16 Transportation Efficiency Act of 1991 (Public Law 17 102–240). 18 (9) Title 23, United States Code. 19 (10) Sections 116, 117, 330, and 5505 and 20 chapters 53, 139, 303, 311, 313, 701, and 702 of 21 title 49, United States Code. 22 25 •HR 3684 EH 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 author- 10 ized 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, obliga- 17 tions for activities authorized under subsection 18 (a) 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 26 •HR 3684 EH (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 author- 9 ity associated with a member designated 10 project shall remain available until ex- 11 pended. 12 (2) DISTRIBUTION OF OBLIGATION AUTHOR- 13 ITY.— 14 (A) IN GENERAL.—Of the obligation au- 15 thority provided under paragraph (1), the Sec- 16 retary shall make available to States, Tribes, 17 Puerto Rico, the territories, and Federal land 18 management agencies, during the period of fis- 19 cal year 2022, amounts of obligation authority 20 equal to the amounts described in paragraphs 21 (1) through (5) of subsection (c), respectively. 22 (B) FURTHER DISTRIBUTION.—Each 23 State, each Tribe, Puerto Rico, each territory, 24 and each Federal land management agency re- 25 27 •HR 3684 EH ceiving funds under paragraphs (1) through (5) 1 of subsection (c), respectively, shall receive an 2 amount of obligation authority equal to the 3 funds received under any of such paragraphs. 4 (c) DISTRIBUTION OF FUNDS.—Amounts authorized 5 to be appropriated for fiscal year 2022 under subsection 6 (a) shall be distributed as follows: 7 (1) $14,343,545,973 to the States. 8 (2) $167,481,814 to Tribes. 9 (3) $52,400,251 to Puerto Rico. 10 (4) $55,012,918 to the territories. 11 (5) $124,367,684 to Federal land management 12 agencies. 13 (d) SUPPLEMENTAL STATE FUNDS.— 14 (1) DISTRIBUTION.— 15 (A) AMONG STATES.—Amounts distributed 16 to States under subsection (c)(1) shall be dis- 17 tributed among the States in the same ratio as 18 total State apportionments under section 19 104(c)(1) of title 23, United States Code, in fis- 20 cal year 2022. 21 (B) WITHIN A STATE.—Of the amount dis- 22 tributed to a State under subparagraph (A)— 23 (i) the amount specified in section 24 107 for each member designated project in 25 28 •HR 3684 EH the State shall be reserved to carry out 1 such project; and 2 (ii) any remaining amount shall be 3 available to the State under paragraph (2). 4 (2) TREATMENT.—Funds made available under 5 paragraph (1)(B)(ii) shall be— 6 (A) available for activities eligible under 7 section 133(b) of title 23, United States Code, 8 subject to subsection (c) of such section; and 9 (B) administered as if apportioned under 10 chapter 1 of title 23, United States Code. 11 (e) TRIBAL FUNDS.—Amounts distributed to Tribes 12 under subsection (c)(2) shall be— 13 (1) available for activities eligible under the 14 tribal transportation program under section 202 of 15 title 23, United States Code; and 16 (2) administered as if allocated under section 17 202 of title 23, United States Code, except that the 18 set-aside described in subparagraph (C) of section 19 202(b)(3) of such title and subsections (a)(6), (c), 20 (d), and (e) of section 202 of such title shall not 21 apply to such funds. 22 (f) PUERTO RICO FUNDS.— 23 (1) DISTRIBUTION.—Of the amount distributed 24 to Puerto Rico under subsection (c)(3)— 25 29 •HR 3684 EH (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 30 •HR 3684 EH (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 5 be administered as if allocated under, and available 6 for activities described under, section 165(c) of title 7 23, United States Code. 8 (h) FEDERAL LAND MANAGEMENT AGENCY 9 FUNDS.— 10 (1) DISTRIBUTION.—Amounts distributed 11 under subsection (c)(5) shall be distributed among 12 the Federal land management agencies as follows: 13 (A) $99,494,147 for the National Park 14 Service. 15 (B) $9,949,415 for the United States Fish 16 and Wildlife Service. 17 (C) $6,301,296 for the United States For- 18 est Service. 19 (D) $8,622,826 to be allocated to the re- 20 maining Federal land management agencies de- 21 scribed in section 203(b) of title 23, United 22 States Code. 23 (2) TREATMENT.—Funds made available under 24 paragraph (1) shall be— 25 31 •HR 3684 EH (A) available for activities eligible under 1 the Federal lands transportation program under 2 section 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 14 shall 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 32 •HR 3684 EH (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 4 funds shall be determined in accordance 5 with section 120 of title 23, United States 6 Code, or, in the case of a transit capital 7 project, may be determined in accordance 8 with section 5323(i)(1) of title 49, United 9 States Code, if 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 15 administered by, the Secretary in ac- 16 cordance with section 104(f) of title 17 23, 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 33 •HR 3684 EH 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 ter- 13 ritory, 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 25 34 •HR 3684 EH Rico, or territory may submit to the Sec- 1 retary certification that such project has 2 been completed (and the Secretary shall 3 verify such completion). Upon verification, 4 the State, Puerto Rico, or territory, respec- 5 tively, may 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 13 Secretary shall— 14 (i) consider whether the member des- 15 ignated project can be completed with the 16 amount reserved for the member des- 17 ignated 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 Re- 22 port, accompanying this Act supports the 23 proposed repurposing; and 24 35 •HR 3684 EH (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 4 Secretary approves a request or verifies a com- 5 pleted 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 36 •HR 3684 EH (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 9 to be used within a metropolitan planning 10 area (as such term is defined in section 11 134(b) of title 23, United States Code), 12 applied 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 37 •HR 3684 EH (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 re- 6 quest or verifies the completed project under 7 subparagraph (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 num- 14 ber of covered stations that meet (including exceed- 15 ing) the new construction standards of title II of the 16 Americans with Disabilities Act of 1990 (42 U.S.C. 17 12131 et seq.). 18 (2) ELIGIBLE COSTS.—A grant awarded under 19 this section shall be used on a covered system for 20 the purpose described in paragraph (1) only— 21 (A) for a project to repair, improve, or re- 22 locate station infrastructure at a covered sta- 23 tion; 24 38 •HR 3684 EH (B) to develop or modify a plan for pur- 1 suing public transportation accessibility 2 projects; or 3 (C) to carry out other projects at covered 4 stations that meet (including exceeding) the 5 new construction standards of title II of the 6 Americans with Disabilities Act of 1990 (42 7 U.S.C. 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 15 Disabilities Act of 1990 (42 U.S.C. 1231 et 16 seq.); and 17 (B) may provide a grant to upgrade a sta- 18 tion that is not accessible and usable as de- 19 scribed in paragraph (1), even if related serv- 20 ices, programs, or activities, when viewed in en- 21 tirety, are readily accessible and usable as so 22 described. 23 (4) APPLICATION.—To apply for a grant under 24 this subsection, an applicant shall provide to the 25 39 •HR 3684 EH Secretary such information as the Secretary may re- 1 quire, including, at a minimum, information on— 2 (A) the extent to which the proposed 3 project will increase the accessibility of a cov- 4 ered system; 5 (B) projected improvements in access to 6 jobs, community activities, and essential des- 7 tinations 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 individ- 16 uals 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 21 of color; and 22 (D) coordination between the applicant 23 and disability advocacy entities. 24 40 •HR 3684 EH (5) FEDERAL SHARE.—The Federal share of 1 the net project cost of a grant provided under this 2 subsection shall be 90 percent. The recipient may 3 provide additional local matching amounts. 4 (6) GRANT REQUIREMENTS.—Except as other- 5 wise provided under this subsection, a grant pro- 6 vided under this subsection shall be subject to the 7 requirements of section 5307 of title 49, United 8 States Code. 9 (7) GRANT SOLICITATION.—The Secretary may 10 provide funds authorized under this subsection 11 through 1 or more notices of funding opportunity. 12 (8) AUTHORIZATION OF APPROPRIATIONS.— 13 There is authorized to be appropriated from the 14 Mass Transit Account $1,000,000,000 for fiscal 15 year 2022 to provide grants under this subsection. 16 (9) AVAILABILITY OF AMOUNTS.—Amounts 17 made available under this subsection— 18 (A) shall remain available for 4 fiscal years 19 after the fiscal year for which the amount is 20 made available; and 21 (B) that remain unobligated at the end of 22 the period described in subparagraph (A) shall 23 be made available to other eligible projects. 24 (10) DEFINITIONS.—In this section: 25 41 •HR 3684 EH (A) COVERED STATION.—The term ‘‘cov- 1 ered station’’ means a rail fixed guideway pub- 2 lic transportation station for passenger use con- 3 structed prior to the date of enactment of this 4 Act. 5 (B) COVERED SYSTEM.—The term ‘‘cov- 6 ered system’’ means a rail fixed guideway pub- 7 lic transportation system that was in operation 8 before July 26, 1990. 9 (C) DISABILITY.—The term ‘‘disability’’ 10 has the meaning given such term in section 3 11 of the Americans with Disabilities Act of 1990 12 (42 U.S.C. 12102). 13 (D) ELIGIBLE ENTITY.—The term ‘‘eligi- 14 ble entity’’ means a State or local governmental 15 authority that operates a rail fixed guideway 16 public transportation system that was in oper- 17 ation 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 42 •HR 3684 EH (A) to establish or enhance bus service 1 with headways equal to or shorter than 20 min- 2 utes for at least 18 hours per day in neighbor- 3 hoods lacking such service; 4 (B) to establish or increase express lane 5 transit service that connects communities to 6 jobs and essential destinations, as long as such 7 service will improve mobility or expand afford- 8 able transportation options in underserved com- 9 munities; or 10 (C) to establish or enhance high-quality 11 bus 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) maintenance activities to support the 21 expanded service; 22 (D) adding service hours or days to exist- 23 ing transit service; and 24 43 •HR 3684 EH (E) operating expenses for up to 2 years 1 beginning 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 4 Secretary 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 11 gas 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 16 the net project cost of a capital project carried 17 out using a grant under this subsection shall be 18 80 percent. The recipient may provide addi- 19 tional local matching amounts. 20 (B) OPERATING COSTS.—The Federal 21 share of net operating costs for a project car- 22 ried out using a grant under this subsection 23 shall be not more than 50 percent. 24 (6) GRANT REQUIREMENTS.— 25 44 •HR 3684 EH (A) IN GENERAL.—A grant under this sub- 1 section shall be subject to the requirements of 2 section 5307 of title 49, United States Code, 3 for eligible recipients, except operating expenses 4 shall be eligible for funding under this sub- 5 section for 2 years beginning on the first day 6 of revenue service in urbanized areas with popu- 7 lations greater than 200,000. 8 (B) NEW OR ENHANCED SERVICE.—The 9 new or enhanced service funded under this sub- 10 section shall be operated for a period of at least 11 5 years. 12 (7) GRANT SOLICITATION.—The Secretary may 13 provide funds authorized under this subsection 14 through 1 or more notices of funding opportunity. 15 (8) JUSTICE40 INITIATIVE.—In making com- 16 petitive grants under this subsection, the Secretary 17 shall, to the extent practicable, have a goal that 40 18 percent of the overall benefits of the Federal invest- 19 ment flow to disadvantaged communities, consistent 20 with sections 219 and 223 of Executive Order 14008 21 and related regulations, Executive Orders, and ad- 22 ministrative guidance. 23 (9) AVAILABILITY OF AMOUNTS.—Any amounts 24 made available under this subsection— 25 45 •HR 3684 EH (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 9 year 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 15 100,000 where fewer than 45,000 annual fixed 16 route bus vehicle revenue miles per square mile 17 are operated. 18 (B) ELIGIBLE RECIPIENT.—The term ‘‘eli- 19 gible recipient’’ means— 20 (i) designated recipients that allocate 21 funds to fixed route bus operators or ex- 22 press lane transit operators; or 23 (ii) State or local governmental enti- 24 ties that operate or propose to operate 25 46 •HR 3684 EH fixed route bus service or express lane 1 transit. 2 (C) EXPRESS LANE TRANSIT.—The term 3 ‘‘express lane transit’’ means an integrated 4 combination of bus rapid transit and tolled 5 managed lanes that allows for limited access 6 entry of toll paying vehicles to restricted lanes, 7 while prioritizing transit’s need and use of 8 available capacity in order to improve transit 9 performance. 10 (c) FEDERAL SHARE ADJUSTMENTS.— 11 (1) IN GENERAL.—In addition to amounts 12 made available under section 5338(b) of title 49, 13 United States Code, and section 102(a)(2)(B)(iii) of 14 this division, there are authorized to be appropriated 15 for fiscal year 2022 such sums as may be necessary 16 to increase the Federal share, at the request of the 17 project sponsor, of a new fixed guideway, a core ca- 18 pacity improvement, or a small starts project that is 19 not open to revenue service and that has received an 20 allocation of funding in fiscal years 2019, 2020, or 21 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 47 •HR 3684 EH demonstrates a need for a higher Federal share, in- 1 cluding the extent to which— 2 (A) a project sponsor made a local finan- 3 cial commitment that exceeded 20 percent of 4 the cost of the project; and 5 (B) a project sponsor has experienced, as 6 a 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 in- 11 crease the Federal share of a project under this sec- 12 tion by up to 30 percent, up to a maximum of an 13 80 percent Federal share. 14 (4) AMOUNT.—Amounts distributed under this 15 subsection shall be provided notwithstanding the lim- 16 itation 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 48 •HR 3684 EH (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 9 such funds were apportioned under chapter 1 of 10 title 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 au- 21 thorized to be appropriated for fiscal year 2022 22 under 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 49 •HR 3684 EH (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.— 7 Notwithstanding the apportionment formula set forth in 8 section 402(c)(2) of title 23, United States Code, and sec- 9 tion 403(f)(1) of title 23, United States Code, $2,500,000 10 of the total amount available for apportionment to the 11 States for highway safety programs under section 12 402(c)(2) of title 23, United States Code, fiscal year 2022, 13 shall be available for expenditure by the Secretary, acting 14 through the Administrator of the National Highway Traf- 15 fic Safety Administration, for a cooperative research and 16 evaluation program to research and evaluate priority high- 17 way safety countermeasures. 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 author- 24 ized to be appropriated from the Highway Ac- 25 50 •HR 3684 EH count for fiscal year 2022, for activities under 1 this subsection, $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 au- 8 thorized to be appropriated for fiscal year 2022 9 under 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 14 49, 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 51 •HR 3684 EH for obligation and administered as if made available 1 under chapter 311 of title 49, United States Code. 2 (b) ADMINISTRATIVE EXPENSES.—The Adminis- 3 trator of the Federal Motor Carrier Safety Administration 4 shall ensure that funds made available under subsection 5 (a)(2)(B) are used, to the maximum extent practicable, 6 to 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 11 mandates required by MAP–21 (112–141) and the 12 FAST 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 20 available by paragraphs (1), (3), and (4) of section 103(c)) 21 for fiscal year 2022 to carry out each such project. 22 52 •HR 3684 EH (b) SAVINGS CLAUSE.— 1 (1) ADDITIONAL INFORMATION.—In admin- 2 istering member designated projects, the Secretary 3 shall consider the additional information provided in 4 the Committee Report, or any subsequent report 5 superceding such Committee Report, accompanying 6 this Act. 7 (2) SUBSEQUENT PHASES.— 8 (A) IN GENERAL.—Subject to subpara- 9 graph (B), nothing in the table in subsection 10 (c), or in the Committee Report, or any subse- 11 quent report superceding such Committee Re- 12 port, accompanying this Act, shall prevent the 13 Secretary, at the discretion of the Secretary, 14 from allowing a subsequent phase of a member 15 designated project to be carried out with funds 16 reserved for such project under subsection (c). 17 (B) PROJECT SPONSOR CONCURRENCE.— 18 The Secretary shall only allow under this para- 19 graph a subsequent phase of a member des- 20 ignated project to be carried out with funds re- 21 served for such project under subsection (c) 22 with the concurrence of the project sponsor for 23 such project listed in the Committee Report, or 24 53 •HR 3684 EH any subsequent report superseding such Com- 1 mittee Report, accompanying this Act. 2 (3) REPURPOSING.—Nothing in the table in 3 subsection (c), or the Committee Report, or any sub- 4 sequent report superceding such Committee Report, 5 accompanying this Act, shall prevent funds reserved 6 for a member designated project from being 7 repurposed as described in section 103(i)(2), pro- 8 vided that all requirements in such section are satis- 9 fied. 10 (c) PROJECT DESIGNATIONS.—The table in this sub- 11 section is as follows: 12 No. Project Name City State/Ter- ritory Amount 1 Cowles Street Reconstruc- tion Fairbanks AK 7,955,000 2 Replace Bridge 114.3 Anchorage AK 6,421,200 3 Seldon Road Extension, 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 54 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 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 Counties AL 3,296,963 11 Dallas Coun- ty—Bridge Replacement on SR–14 Dallas Coun- ty 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 Improve- ments 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 55 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 22 Davis Road Mileposts 5 & 13 Tombstone and McNeal AZ 4,000,000 23 Downtown Elec- tric Vehicle Charging Stations Phoenix AZ 2,400,000 24 Drexel Road Extension 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 27 Grand Canalscape Improve- ments Phase IV: 47th Ave- nue to Inter- state 17 Phoenix AZ 5,000,000 28 Highline Canal Recreational Path Light- ing Replace- ment 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 Phoenix 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 56 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 35 San Xavier Road Pedes- trian Path- way 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 Re- gional North- South Bus Rapid Tran- sit (BRT) Corridor Tucson AZ 6,512,000 3,256,000 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 County Unincor- porated Los Angeles County CA 3,666,666 44 Creating the Next-Genera- tion Santa Ana Regional Transpor- tation Center Santa Ana CA 1,280,000 57 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 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 Improve- ments 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 51 Interstate 15 (I–15)/State Route 78 (SR–78) Managed Lanes Project Escondido CA 20,000,000 52 Interstate 15 Corridor Op- erations Project Corona CA 3,000,000 53 National Trail Highway Widening Victorville CA 5,000,000 54 Plant 42 Access and Safety Enhance- ments Palmdale CA 8,666,666 55 Quick Fix Cir- culation Im- provement Project Santa Clarita CA 3,666,666 56 Roe Road Ex- tension Project— Phase 1 Paradise CA 1,800,000 58 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 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 Interchange (EIR Only) Chico CA 1,800,000 60 SR–210 5th Street Inter- change Highland CA 3,000,000 61 State Route 41 Excelsior Corridor Project Fresno County 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 64 Transit Secu- rity & Oper- ations Center Anaheim CA 5,000,000 65 US395 Olancha- Cartago 4 Lane Project Olancha, Cartago CA 2,000,000 66 ‘‘I’’ Street Op- erating Main- tenance Fa- cility Reha- bilitation Project San Bernardino CA 2,000,000 67 Street Resur- facing Project Daly City CA 1,000,000 68 5 and 134 Freeway Electric Vehi- cle DC Fast Charging Network Burbank CA 1,000,000 500,000 59 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 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 Improve- ments at SR– 210 Rialto CA 2,380,000 74 Altadena Com- munity Safe Routes to School Plan Altadena CA 480,000 75 Amar Road Complete Streets from Baldwin Park Boulevard to Unruh Ave- nue, Unincor- porated West Puente Val- ley, 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 Pedestrian Crossing En- hancements El Sobrante CA 2,000,000 60 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 79 Arcade-Cripple Creek Trail (formerly Electric Greenway Trail) Citrus Heights and Orangevale CA 1,100,000 80 Arrow Highway Median Is- land Installa- tion Project from Azusa Avenue to Citrus Ave- nue Azusa CA 3,000,000 81 Arrow Highway Rehabilita- tion 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 Safety Project—E. Bellevue Ave- nue and Villa Terrace San Mateo CA 3,000,000 84 Atlantic Avenue Improve- ments Los Angeles CA 5,200,000 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 Improve- ments Project West Covina CA 3,000,000 61 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 87 Bay Bridge Forward – I– 80/Powell Street Tran- sit Access and I–80 Westbound Bus Lane Extension 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 Re- habilitation Project Glendale CA 2,008,000 94 Build a non-mo- torized multi- use path along State Route 1, con- necting the communities of Morro Bay and Cayucos in San Luis Obispo Coun- ty Cayucos CA 4,000,000 62 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 95 Bus/Rail Sup- port Facili- ties and Equipment (Trolley Yard Expansion 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- Construction 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 400,000 104 Chip Seal Pro- gram Lakeport CA 2,288,000 105 City of Ojai Electric Trol- ley Ojai CA 440,000 63 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 106 City of San Fernando Fixed Trolley Service – Electric Buses City of San Fernando CA 1,340,000 107 City of San Fernando Sidewalk Re- pair Project City of San Fernando CA 844,800 108 City of Vista Sidewalk Im- provement Project on Nevada Ave- nue and Lemon Ave- nue Vista CA 820,368 109 Community Beautifi- cation Project Glendale CA 2,400,000 110 Cool Neighbor- hood Projects Los Angeles CA 1,000,000 111 Covina Grade Crossing Safety Projects throughout Metrolink Corridor Covina CA 3,000,000 112 Cudahy City- wide Com- plete Streets Improvement Project Cudahy CA 1,700,000 113 CUFC—Wash- ington Street Widening Project Stockton CA 1,200,000 114 Culver CityBus Fleet Elec- trification Facility In- frastructure Culver City CA 3,500,000 115 Del Amo Boule- vard Bridge Replacement and Signal Enhance- ments Project Cerritos CA 18,000,000 64 •HR 3684 EH 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—Don- ald & Bernice Watson Multi-Use Pathway Im- provement Project Duarte CA 1,225,000 119 East Bayshore Road Safety Improve- ments East Palo Alto CA 1,000,000 120 East Los Ange- les Commu- nity 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 Hollywood CA 1,797,312 123 East San Fer- nando Valley Transit Cor- ridor (ESFVTC) Transit-Ori- ented Com- munity (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 Safety Im- provement Project San Jose CA 4,700,000 65 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 126 El Camino Real to Via De LaValle San Diego CA 2,500,000 127 El Cerrito del Norte Area TOD Com- plete Streets Improve- ments Project El Cerrito CA 2,244,000 128 Electric Vehicle Car Share Program San Pedro CA 120,650 129 Elm Avenue Road Diet Reconstruc- tion and Class IV-Ven- tura/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 Im- provements Los Angeles CA 4,000,000 135 Francisquito Avenue Metrolink At- Grade Safety Improve- ments 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 66 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 138 Glendora People Movement Glendora CA 5,000,000 139 Gold Line Light Rail Low Floor Station Conversion Folsom and Rancho Cor- dova CA 1,913,788 140 Golden Gate Bridge Phys- ical Suicide Deterrent System (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 Bicy- cle/Pedestrian Improve- ments Project Half Moon Bay CA 1,000,000 147 Highway 116/ West Cotati Intersection Safety Im- provement Project Cotati CA 2,000,000 67 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 148 Highway 24 LaMorinda Smart Signal System project Orinda and Lafayette CA 2,000,000 149 Highway 9 Safety Im- provement Project Monte Sereno CA 520,000 150 Highways to Boulevards Los Angeles CA 480,000 151 I Street Bridge Replacement Project Sacramento and West Sacramento CA 15,000,000 152 I–405 Sepul- veda Pass (Phase 1) ExpressLanes Los Angeles CA 5,000,000 153 I–505 Vaca Valley Park- way Corridor Multimodal Improve- ments Project Vacaville CA 4,000,000 154 Inglewood Transit Con- nector (ITC) Inglewood CA 9,200,000 155 Interstate 15 Northern Ex- tension (I–15 NEXT) Jurupa Val- ley and Eastvale CA 20,000,000 156 Jepson Park- way Vanden Road Com- plete 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 Pass- ing Siding Extension and Upgrade, Ventura County, CA Camarillo CA 6,000,000 68 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 160 Leucadia Streetscape Phase 2 (Shown in the TransNet as North Coast High- way 101 Beautifi- cation) Encinitas CA 4,000,000 161 Liberty Canyon (Crossing) Agoura Hills CA 5,000,000 162 Link Union Station Los Angeles CA 5,000,000 163 Los Nietos Sun- shine Shuttle Electric Bus Replacement Unincor- porated Los Nietos CA 480,000 164 LOSSAN Cor- ridor Im- provements 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/ Bicycle Rail Crossing Project Menlo Park CA 6,500,000 170 Mission Bl/ Pine St Safe- ty Improve- ment Project Fremont CA 2,000,000 171 Mobility for All Project N. Richmond and Bay Point CA 2,000,000 172 Mobility Wallet Demonstra- tion and Re- search Study Los Angeles County CA 4,000,000 69 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 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 Signal at Morrison and Sepulveda Los Angeles CA 710,000 176 New Traffic Signal at Plummer and White Oak Avenue Los Angeles CA 710,400 177 New Traffic Signal 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 Implementa- tion 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 Safety Light- ing Improve- ments Ojai CA 440,000 183 Old I Street Bridge Deck Conversion for Active Transpor- tation Project West Sac- ramento CA 4,150,000 184 Old Town Streetscape Phase 2 Elk Grove CA 2,000,000 70 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 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 Improve- ments 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 652,800 189 Parkway Drive and Merced Street Bicycle and Pedes- trian Im- provements El Monte CA 2,600,000 190 Pedestrian, ADA, Traffic Signal and Pavement Improve- ments along Bus Routes Temple City CA 6,200,000 191 Pine Avenue Extension Chino CA 5,000,000 192 Port of Hue- neme Inter- modal Im- provement Project to Modernize the Port Wharf and Pier and Cargo Facili- ties Oxnard CA 3,000,000 71 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 193 Port of Oakland Solar, Bat- tery Storage and Electric Vehicle 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 eleven Bat- tery-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 4,452,000 199 Replacement of 2nd Street Bridge over Warm Creek San Bernardino CA 2,000,000 200 Resilient State Route 37 Corridor En- hancement Program Sonoma CA 7,000,000 201 Richmond Parkway Transit Cen- ter and Free- way Access Improve- ments Richmond CA 1,000,000 202 San Fernando Road Bike Path Phase III Sun Valley and North Hollywoood CA 594,027 72 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 203 San Francisco Bay Area Rapid Tran- sit (BART) Station Rest- room and Lighting En- hancements Oakland, San Leandro, Berkeley CA 3,000,000 204 San Francisco Bay Area re- gional ad- vance mitiga- tion program Alameda, 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 Re- placement Project Santa Cruz CA 505,750 209 Saratoga Pedes- trian Walk- way Project Saratoga CA 1,200,000 210 Scotts Creek Coastal Resil- iency Project Unincor- porated Santa Cruz County north of Davenport CA 3,500,000 211 Sepulveda Transit Cor- ridor City of Los Angeles CA 10,000,000 5,000,000 5,000,000 212 Serramonte Boulevard and Serramonte Center Drive- way Traffic Signal Colma CA 400,000 73 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 213 Sharp Park Pri- ority Devel- opment Area (PDA) Ac- cess Resur- facing Project Pacifica CA 960,000 214 Slauson Avenue Congestion Huntington Park CA 1,000,000 215 SMART Rus- sian River Rail Bridge Rehabilita- tion 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 Pedes- trian Im- provements 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 10,000,000 222 State Route 37 and Fair- grounds Drive Inter- change Im- provements Vallejo CA 4,000,000 74 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 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 improve- ments 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 Ave- nue Pave- ment Reha- bilitation Newark CA 2,000,000 229 Torrance to Florence Bus Service Torrance CA 4,432,924 75 •HR 3684 EH 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, Con- cord, Pleas- ant Hill CA 6,000,000 232 Tri MyRide Fleet Expan- sion Project Antioch CA 1,760,000 880,000 880,000 233 TRI-CON- NECT, SoCal Freight Ini- tiative 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 Sali- nas Salinas and Chualar (Monterey County) CA 2,000,000 238 US 101/SR 25 Interchange Phase 2— Santa Teresa Boulevard Extension Gilroy CA 5,000,000 76 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 239 US–101 Man- aged Lane Project North of I–380 San Mateo CA 10,000,000 240 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 Tran- sit Corridor Improve- ments 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 Pedestrian Plan Imple- mentation 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 Improve- ments 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 Transit Cor- ridor Los Angeles CA 5,000,000 249 West Valley Connector Bus Rapid Transit— Phase 1, and Zero-Emis- sion Bus Ini- tiative San Bernardino CA 5,000,000 77 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 250 White Rock Road—0.5 Miles East of Rancho Cor- dova Park- way to the Easterly City Limits Rancho Cor- dova CA 12,307,000 251 Widen Central Ave to add new Class II Bike Lanes near U.S. 101 to the northwest city limits Camarillo CA 4,000,000 252 Wilmington Waterfront- Avalon Pe- destrian 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, Charging In- frastructure and Zero Emissions 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 Reconstruc- tion Program Denver CO 6,530,000 78 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 260 Aurora Bicycle and Pedes- trian Master Plan Update Aurora CO 800,000 261 Big Barnes Ditch Trail Improve- ments Loveland CO 500,000 262 Cameron Peak Post-Fire Emergency Funding Larimer County CO 2,000,000 263 Central Cor- ridor Rail Re- placement Denver CO 7,930,000 264 CO 9 Widening from Iron Springs to Frisco Summit County CO 1,000,000 265 Easter/Havana Intersection Improve- ments Centennial CO 6,000,000 266 Eisenhower Johnson Me- morial Tun- nel (EJMT) Repairs and Upgrades Dillon CO 4,000,000 267 Expansion of Gun Club Road Aurora CO 1,500,000 268 Federal Park- way 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 Ac- quisition 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 79 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 273 SH–72 (Indiana St) Widening at UPRR Arvada CO 1,095,872 274 State Highway 119 and State High- way 52 Multimodal Intersection Improve- ments Boulder County CO 5,000,000 275 US 36 and Community Drive Round- about Estes Park CO 850,000 276 Wadsworth Widening: 35th Avenue to I–70 Wheat Ridge CO 10,000,000 277 West Colfax Pe- destrian Safety and Infrastruc- ture Project Lakewood CO 1,750,000 278 Branchville Transit Ori- ented Devel- opment Pe- destrian/Bicy- cle Improve- ment Ridgefield CT 1,853,120 279 Comstock Brook Bridge (No. 04975) Replacement 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 Improve- ments Mansfield CT 2,240,000 282 East Haddam/ Haddam Swing Bridge Rehabilita- tion Project East Haddam CT 5,000,000 80 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 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 Hart- ford Mobility Study – Planning and Preliminary Engineering Hartford and East Hart- ford CT 16,000,000 286 Greenwich Creek Bridge (No. 01872) Replacement Greenwich CT 2,530,000 287 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 Cross- ing New Haven CT 20,000,000 291 New London Pedestrian Bridge and Public Access Project New London CT 4,860,000 292 Park Avenue Traffic Sig- nals Bridgeport CT 2,686,000 81 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 293 Quinebaug River Trail – Plainfield 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 Intersection Improvement Project Brookfield CT 7,400,000 297 Route 25 Bridge (No. 06750) Reha- bilitation Trumbull CT 1,464,000 298 Stamford Transpor- tation Center Improvement 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 Pro- gram Washington DC 3,000,000 305 US 113/SR 20 Grade Sepa- rated Inter- section Millsboro DE 10,000,000 306 West Camden Bypass Camden DE 10,000,000 82 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 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 3,000,000 312 Harborview Road from Melbourne Street to I– 75 Port Char- lotte 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 Connection 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 83 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 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 Pro- gram 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 Coun- ty FL 15,000,000 321 Alleyways Drainage Im- provement Project Miami Gar- dens FL 240,000 322 Breakers Ave- nue Streetscape Project City of Fort Lauderdale FL 5,200,000 323 Cass Street Bridge Reha- bilitation Tampa FL 5,116,000 324 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 Pedes- trian Safety Improve- ments Phase 2 West Palm Beach FL 1,200,000 326 Corrine Drive Complete Streets Project Orlando FL 6,900,000 84 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 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 Econlockhatche- e 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 Shelter Revi- talization and Expansion Tampa FL 6,990,100 334 Hinson Avenue Widening Project Haines City FL 1,375,000 335 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 85 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 340 Lowson Boule- vard from Dover Road to Federal Highway Delray Beach FL 1,106,296 341 Loxahatchee Rd. from Ar- thur Marshall Loxahatchee Refuge to SR–7/US– 441 City of Park- land FL 5,000,000 342 Lyons Road Pe- destrian Mo- bility Light- ing and Safe- ty 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 5,000,000 346 NW 183rd to 191st Street and NW 27th to 42nd Ave- nue Road and Sidewalk Project Miami Gar- dens FL 1,200,000 86 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 347 NW 187th Street to NW 199th Street, from NW Sunshine State Park- way East to NW 12th Av- enue 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 Ave- nue 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 Side- walks Im- provement 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 8,000,000 87 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 354 Palm Springs, FL, Park Connector Pathway Sys- tem 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, Florida 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 Ex- press (BERT) North Capital Bus Purchase Miami FL 9,100,000 359 Solar-Powered Zero-Emis- sion Bus and Facility Charging In- frastructure St. Peters- burg FL 6,000,000 360 South City Transit Cap- ital Project StarMetro Moderniza- tion Tallahassee FL 2,400,000 88 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 361 Southcot Drive Sidewalk Casselberry FL 189,357 362 SR 50 (Colo- nial) 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 Drain- age Improve- ment 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 Ave- nue Complete Street Im- provements Project West Park FL 602,400 370 Treasure Island Causeway Bridge Project Treasure Is- land FL 4,480,000 89 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 371 University Bou- levard at Dean Road Intersection Improvement Orlando FL 1,000,000 372 University Drive from NW 40th St. to Sawgrass Expressway City of Coral Springs FL 5,000,000 373 West Warren Avenue Com- plete Street Longwood FL 400,000 374 Atlanta Beltline Atlanta GA 5,000,000 375 Big Creek Greenway Phase 2 Ren- ovation-Re- placement Cumming GA 3,000,000 376 Brennan Road Improve- ments Columbus GA 7,360,000 377 Buford High- way Pedes- trian Im- provements Doraville GA 1,373,859 378 Bus/Paratransit Vehicle Ac- quisition 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 Pe- destrian Bridge Sugar Hill GA 5,000,000 383 Clayton Justice Center Tran- sit Hub – Phase II Jonesboro GA 4,960,000 90 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 384 Cobb Parkway at McCollum Parkway Road Re- alignment Kennesaw GA 3,500,000 385 Cumberland Core Loop Atlanta GA 1,700,000 386 East West Con- nector Cor- ridor Im- provement, 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 Transit and Paratransit Vehicle Pur- chases Macon GA 2,600,000 398 MARTA Route 115—Cov- ington High- way Decatur GA 2,000,000 91 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 399 McDaniel Farm Park Con- nector multi- use path Gwinnett County GA 2,000,000 400 Metropolitan Parkway Ar- terial Rapid Transit (ART) Atlanta GA 3,000,000 401 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— Intersection of N Westover Blvd at Not- tingham 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 (Ab- botts Bridge Road) Oper- ational and Safety Im- provements 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 Transit Hub Stonecrest GA 5,000,000 92 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 411 Widen and Re- align Inter- section of Sands Drive and Radium Springs Albany GA 2,509,319 412 Windy Hill Boulevard Smyrna GA 500,000 413 Guam Public Transit Mod- ernization— Bus Shelters Hagatna GU 20,000,000 414 Bus and Handi Van Acquisi- tion Program (Battery Electric Buses; Elec- trification 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 Over- pass to Vine- yard Boule- vard Honolulu HI 6,150,000 418 Leeward Bike- way, Phil- ippine Sea Road to Waipahu Depot Street Honolulu HI 6,150,000 93 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 419 Papalaua Street (RTS 3020, MP 0.13– MP0.17) Traffic Sig- nal Upgrade at Wainee Street (Route 3015, MP 0.3–MP0.34) Maui HI 1,154,000 420 Waianuenue Avenue Reha- bilitation Hilo HI 7,277,499 421 Waimea to Kekaha Shared Use Path Hanapepe HI 2,000,000 422 Wakea Avenue (Route 3920, MP 0.70-MP 0.71) and Kamehameha Avenue (Route 3940, MP 0.91– MP0.92) Intersection Improve- ments Maui HI 2,186,000 423 HIRTA Re- gional Tran- sit Facility 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 County Clinton County IA 1,144,800 426 Marion Coun- ty—County Road G28 corridor Marion County IA 2,000,000 94 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 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 4,880,000 433 1st Street Re- construction Ammon ID 5,375,700 434 Center Street Railroad Bridge Un- derpass 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 Premium Corridor, Part 2, Boise Area, Valley Regional Transit Boise and Garden City ID 2,000,000 438 Alton Avenue Reconstruc- tion 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 95 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 441 Calhoun Street Bridge Re- placement City of Mor- ris 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 Improve- ments Madison IL 296,000 445 Curtis Road Grade Sepa- ration & Complete Streets Project Savoy IL 3,293,700 446 Dix Irvington Road Safety Project Centralia IL 600,000 447 Dupo Inter- change Dupo IL 1,700,000 448 Edwardsville Road Resur- facing Project Wood River IL 668,000 449 Frank Scott Parkway East Exten- sion 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 Resurfacing Granite City IL 759,420 96 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 454 Main Street Re- construction Project Roscoe IL 3,880,000 455 Marissa—Main St. Resur- facing Marissa IL 476,000 456 Pioneer Park- way Recon- struction Peoria IL 5,000,000 457 Prospect Road Revitalization Peoria Heights IL 6,000,000 458 Reas Bridges Replacement 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 352,000 461 Resurfacing of Main Street, Bainbridge Trail, and Penecost Streets Marion IL 572,000 462 Riverside Bou- levard 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 Ave- nue Recon- struction from 11th Street to Fox Bridge Road Springfield IL 1,279,035 97 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 466 Structure Re- placement Over Piles Fork Creek Carbondale IL 504,000 467 US 67 Wid- ening from Delhi Bypass Project to Crystal Lake Rd. Jerseyville IL 1,200,000 468 West Main Cross Street Improve- ments from Webster Street to Shumway Street Taylorville IL 1,127,700 469 Western Road—Mar- shall County Henry IL 2,000,000 470 118 N Clark Pedway Ex- tension Chicago IL 2,700,000 471 143rd St Ex- pansion— West Ave to SW Highway Orland Park IL 9,247,702 472 143rd St from IL 59 to IL 126 Plainfield IL 6,200,000 3,700,000 2,500,000 473 34th Street Road Mod- ernization and Stormwater Management Improve- ments Phase I Design 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 98 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 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 1,000,000 483 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 Hun- tington Blvd Hoffman Es- tates IL 2,000,000 486 City of Berwyn, 16th Street Rehabilita- tion Project Chicago IL 1,967,468 487 City of Peoria Adams/Jef- ferson 2–Way Conversion Peoria IL 5,000,000 488 Columbia Bridge Chicago IL 2,000,000 99 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 489 CTA—ASAP (Belmont Station) Chicago IL 3,370,000 490 CTA Red Line—Loyola Station Im- provements 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 Ave- nue 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 2,700,000 498 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 Cor- ridor Im- provements Chicago IL 500,000 501 I–294 103rd Street Inter- change Chicago Ridge IL 5,000,000 502 I–294 Crest- wood/Robbins Interchange Crestwood and Robbins IL 4,800,000 100 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 503 I–57 Inter- change near Mile Marker 332 (Between Harlem Ave- nue and Pau- ling Road) Unincor- porated Will County IL 4,500,000 504 IL 171 (State Street) Pe- destrian Safety Im- provements 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 Improve- ments (Glen- view) Glenview IL 2,000,000 508 IL–62 Algonquin Rd at New Wilke Rd Intersec- tion Improve- ments Rolling Meadows IL 226,935 509 Jackson Blvd Resurfacing (Desplaines to Harlem Ave) Chicago IL 800,000 510 Kedzie and Lake im- provements 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 Resurfacing and Improve- ments Addison IL 900,000 513 Madison Street Resurfacing Bellwood IL 1,107,200 101 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 514 Main Street Re- construction from Randall Road to Van Nortwick Av- enue Batavia IL 600,000 515 McConnell Road Intersection and Roadway Improve- ments 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 Electrifica- tion Concept Design Chicago IL 550,000 518 N Lake Shore Drive Im- provements Chicago IL 2,000,000 519 North Chicago Pace Route Access North Chi- cago 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—Har- lem Avenue Traffic Sig- nal Improve- ments Morton Grove IL 400,000 523 Pace Pulse South Hal- sted Line Chicago, Riv- erdale, and Harvey IL 900,000 524 PACE Transit Signal Pri- ority Chicago IL 900,000 525 Park Blvd Re- surfacing Streamwood IL 220,783 526 Patriot Path Lake County IL 9,794,640 102 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 527 Proposed Mid- west Medical Center En- trance and Highway Im- provements Galena IL 2,000,000 528 Pulaski Cor- ridor Im- provements 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 Inter- section Im- provements 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 Avenue— 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 Front- age Rd - 7th Ave to 5th Ave Elmwood Park, Mel- rose Park, Northlake, River Forest, River Grove IL 7,920,000 103 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 536 Rodenburg Road Cor- ridor Im- provement Project Roselle IL 928,000 537 Schick Road Resurfacing Hanover Park IL 257,045 538 Skokie Valley Trail Path Improve- ments 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 Reconstruc- tion—North- ern Section 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 Boulevard Improve- ments – 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 1,100,000 104 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 547 West Branch DuPage River Trail Connection from West DuPage Woods Forest Preserve to Blackwell Forest Pre- serve West Chicago IL 500,000 548 Western Avenue Grade Sepa- rations Blue Island, Posen, and Dixmoor IL 4,500,000 549 Wolfs Crossing Road from US 34 Chi- cago Road to Eola Road – Douglas Road Inter- section Oswego IL 4,822,000 3,616,500 1,205,500 550 Woodstock Railyard Re- location & Expansion 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 Resur- facing 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 Stations Indianapolis IN 774,000 105 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 556 Kennedy Ave- nue Bridge Replacement Highland and Ham- mond 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 7,411,200 559 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 between 53rd and 61st Streets North (R348) Sedgwick County KS 880,000 565 Route 458 Im- provements Lawrence KS 750,000 566 SW Topeka Boulevard (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 2,000,000 106 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 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 Reconstruc- tion Lawrence KS 1,000,000 573 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 westerly 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 Bypass to CR 1021 Owensboro, Daviess County KY 4,600,000 580 Improve KY 461 from US 150 to US 25 Mount Vernon, Rockcastle County KY 18,200,000 107 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 581 Improve US 421 near the Virginia 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 im- provements from US 31W south of KY 218 to I– 65 Horse Cave, Hart County KY 3,200,000 584 KYCT project 6–80101, KY –18 / Super- street con- struction Boone Coun- ty KY 5,200,000 585 KYTC Project 6–162.40, KY–536 from Williamswood Rd. to Calvery Dr. to KY–17 Kenton County 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 Neighbor- hoods Louisville KY 2,400,000 108 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 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, Gen- eral 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 1,600,000 597 MRB South GBR: LA 1 to LA 30 Connector (Pre-Engi- neering De- sign) 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 Sig- nal Program Revere, Bos- ton MA 6,000,000 604 Bourne Rail Trail Bourne MA 14,728,680 109 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 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— Purchase Misc. Electric Power Equip- ment 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 Cherry Street Intersection Improvement Plymouth MA 2,000,000 611 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-Track- ing on Haver- hill Line in Massachu- setts 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 Side- walk and Street Im- provements Tewksbury MA 456,000 616 Glendale Street Bridge Project Easthampton MA 1,000,000 110 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 617 Intersection Im- provements at Central Street, Fos- ter 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 Massachu- setts Avenue (Route 111) and Main Street (Route 27) (Kelley’s Corner) Acton MA 1,100,000 620 Intersection im- provements at Riverside Drive and Burnham Road Methuen MA 1,000,000 621 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 2,000,000 111 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 625 Lake Cochituate Path Natick MA 3,078,722 626 Leyden Road Sidewalk Construction Greenfield MA 1,840,000 627 Lynn Com- muter Rail Station Reha- bilitation Lynn MA 10,000,000 628 McGrath High- way Road Diet / Pro- tected Bike Lane Project Somerville MA 500,000 629 Merrymount Bridge Re- construction Project Quincy MA 6,000,000 630 MetroWest Re- gional Tran- sit Authority Blandin Back Entrance (MWRTA BEB Project) Framingham MA 1,600,000 631 New vans for elderly and those with disabilities Haverhill MA 375,000 632 North Adams Adventure Trail North Adams MA 2,000,000 633 Peabody Canal Riverwalk Construction Peabody MA 6,642,980 634 Planning and Design for protecting critical trans- portation in- frastructure and improv- ing pedes- trian access to the North- ern Avenue Bridge and along the Fort Point Channel Boston MA 2,500,000 112 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 635 Reconstruction and Related Work Along Revere Street Corridor Winthrop MA 5,058,493 636 Reconstruction and related work on VFW High- way 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 Fitch- burg Inter- modal Center Fitchburg MA 400,000 640 Rehabilitation & Box Wid- ening 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 775,200 644 Riverbank sta- bilization construction at MVRTA bus garage and adminis- tration build- ing Haverhill MA 725,000 645 Roadway reha- bilitation on route 101 south (Ashburnha- m) Ashburnham MA 1,000,000 113 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 646 Route 131 Bridge Project Dudley MA 1,000,000 647 Route 28 / Route 38 Intersection Safety Im- provements Project Somerville MA 3,000,000 648 Ruggles Station State of Good Repair Im- provements Roxbury MA 3,000,000 649 Stoughton Intersection Improve- ments 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 2,000,000 655 Warren Street / Blue Hill Av- enue Multi- modal Cor- ridor Phase I Boston MA 12,000,000 656 West Rodney French Im- provement Project New Bedford MA 2,373,680 114 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 657 West Street/ Route 27 Intersection Reconstruc- tion 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 Im- provements— Purple Line (TIP 3642 Pedestrian Safety Pro- gram) 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, Silver Spring MD 4,992,000 1,937,000 1,780,000 1,275,000 664 Fayette Street Bridge Re- placement Cumberland MD 4,800,000 665 Frederick and Pennsylvania Railroad Trail City of Fred- erick and Walkersville MD 2,560,000 115 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 666 Howard County Flash Exten- sion Columbia MD 3,200,000 667 I–81 Phase 2 Reconstruc- tion 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 Elec- tric Transit Vehicles and Infrastruc- ture Owings Mills MD 2,019,012 670 New Carrollton Metro/ MARC/Am- trak/Purple Line Multimodal Transit Dis- trict Right- of-Way Im- provements 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 Trans- portation Center Annapolis MD 2,000,000 673 US 1 Safety Projects North Lau- rel, Savage, Jessup, Elkridge MD 3,200,000 674 US 15 Fred- erick Free- way Recon- struction Frederick MD 8,800,000 116 •HR 3684 EH 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 Re- placement 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 Improve- ments 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 Improve- ments Van Buren ME 10,700,000 686 10 Mile Signal Moderniza- tion 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 3,100,000 117 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 689 21 Mile Road Bridge Re- placement over the Gloede Drain Macomb Township MI 1,616,800 690 Airport Road Rehabilita- tion Project Blackman Township, Jackson County MI 4,930,000 691 Beck Road Business Cor- ridor Rail- road Grade Crossing 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 Reconstruc- tion 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 Reconstruc- tion 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 Rap- ids MI 4,200,000 699 E Michigan Av- enue Lansing MI 2,589,121 700 Feher Drive Re- construction & Pedestrian Improvement Project Montrose MI 680,000 118 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 701 Fenton Road Bridge over the Thread Creek Flint MI 400,000 702 Flint Mass Transpor- tation Au- thority (MTA) Rides to Wellness Facility Ex- pansion/Ren- ovation Flint MI 1,062,387 703 Genesee Street Bridge over Farmers Creek Lapeer MI 1,896,750 704 Grandville Ave- nue Project Grand Rap- ids MI 4,000,000 705 Haist Road over Pigeon River Preven- tive Mainte- nance Winsor Township MI 194,000 706 Hubbard Street Rehabilita- tion Mount Clemens MI 942,400 707 Inkster Road Bridge Over the Lower Rouge River—Cap- ital Preventa- tive Mainte- nance Inkster MI 329,600 708 Intelligent Transpor- tation Sys- tems Capital Investments in Traffic Signals on M–59 Pontiac MI 2,240,000 709 Iron Belle Trail Burton MI 1,200,000 710 Joe Louis Greenway Hamtramck Drive Shared Use Path City of Ham- tramck MI 3,920,000 711 Kalamazoo US– 131/US– 131BR Kalamazoo MI 14,745,600 119 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 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 Replacement Fairhaven Township MI 1,282,400 715 Lake Shore Drive, Houghton County, Michigan Calumet and Hancock Township MI 1,040,000 716 M–143W Lansing MI 597,767 717 M–46 and M– 19 Recon- struction 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 Industrial Corridor Technology and Innova- tion 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 Rehabilita- tion Project Dearborn Heights MI 1,417,226 120 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 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 1,076,085 729 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 Rap- ids MI 845,000 731 Joe Louis Greenway Phase One (Conrail 1 / May Creek) Detroit MI 2,000,000 732 Pennsylvania Road Grade Separation On border of City of Rom- ulus and Huron Town- ship MI 15,000,000 733 Pierson Road Reconstruc- tion 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 1,472,000 121 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 738 Saginaw Street Road Recon- struction Project Flint MI 1,600,000 739 Saginaw Tran- sit Authority Regional Services (STARS) Bus Replace- ment Saginaw MI 2,388,456 740 Saginaw Tran- sit Authority Regional Services (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 Improve- ments (from Jentoft Road to Town Road) L’Anse and Arvon Town- ships MI 7,530,000 743 Skanee Road Improve- ments (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 Reconstruc- tion Marquette Township MI 800,000 746 State Park Drive Recon- struction 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 296,826 122 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 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 Rap- ids MI 7,250,000 753 Wenona Avenue Reconstruc- tion 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 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 Tran- sit (BRT) Minneapolis to Edina MN 5,000,000 2,500,000 2,500,000 759 F-Line Bus Rapid Tran- sit (BRT) Columbia Heights MN 4,500,000 760 Goodhue Coun- ty 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 5,200,000 123 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 766 Rice Street Re- vitalization Project Saint Paul MN 6,864,000 767 University of Minnesota Arboretum Access and Egress Im- provements Chaska MN 5,840,000 768 US 169/TH 282/ CH 9 Interchange Project Jordan MN 2,300,000 769 US Highway 8 Reconstruc- tion Chisago City, Wyoming, Forest Lake MN 20,000,000 770 Veterans Memo- rial Greenway Eagan MN 5,000,000 771 Adding signing and striping for wrong way counter- measures at various ramp locations throughout the St. Louis District St. Louis MO 708,800 772 Bridge improve- ment and widening 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 Reha- bilitation and Pavement Repairs St. Louis MO 2,576,000 775 Chadwick Flyer Central Greenway Trail Springfield MO 4,000,000 124 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 776 Cliffs Drive State Scenic Byway Im- provements Kansas City MO 2,160,000 777 Downtown Odessa Infra- structure Im- provements Odessa MO 900,000 778 Expand I–44 to 6 lanes in the Springfield area Springfield MO 1,800,000 779 Grand Street Pedestrian Underpass and Streetscape Improve- ments Springfield MO 3,000,000 780 Hydraulic Study for causeway north of Washington Washington MO 240,000 781 I–44: Bridge re- habilitation over Gas- conade over- flow. Project involves bridge L0753 Laclede County MO 331,200 782 I–70: Bridge improvements over Chouteau Creek. Project in- volves bridge A5118 and A5119 Cooper County 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 600,800 125 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 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 Pedestrian Plaza at 18th & Vine Kansas City MO 6,000,000 788 Kansas City Regional Zero Emis- sion 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 3,200,000 791 MO 100: Bridge im- provements over Cedar Creek Project involves A1848 Osage Coun- ty 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 replacement over Black Creek, signal replacement St. Louis MO 2,500,000 126 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 793 MO 127: Bridge reha- bilitation 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 Coun- ty 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 im- provements on the south- bound 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 395,200 798 MO 254: Pave- ment im- provements from Route 64 to Route 54 in Her- mitage. Hermitage MO 440,000 799 MO 38: Pave- ment resur- facing from Rte. J to west of Rte. CC. Webster County MO 676,800 127 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 800 MO 47: Engi- neering for pavement im- provements from H to A. Troy and Hawk Point MO 925,600 801 MO 7: Bridge Rehabilita- tion over Truman Lake. Project involves bridge A3465 Benton County MO 96,000 802 MO 89: Pave- ment im- provements from Rte. 50 to Rte. E Rte. 50 to Rte. E in Osage Coun- ty MO 2,833,600 803 MO94 Bridge over Treloar Creek Bridge Warren County MO 640,800 804 North Balti- more (Busi- ness 63) Im- provements Kirksville MO 955,294 805 OR 70: Bridge replacement over Little Cedar Creek. Project in- volves bridge N0974 Boone Coun- ty MO 852,800 806 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 maintenance, and Rte. O from Rte. 28 to end of state mainte- nance. Pulaski County MO 2,656,000 128 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 807 Payment to St. Robert to add sidewalks and upgrade sig- nalized inter- section at St. Robert Bou- levard in St. Robert St. Robert MO 547,200 808 Raum Road Bridge Re- placement Lawson MO 3,128,000 809 Riverway Bou- levard Recon- struction Riverside MO 3,200,000 810 RT 18: Pave- ment im- provements 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 replacement over Enon Creek. Project in- volves bridge K0851 Moniteau County MO 1,091,200 812 RT A: Bridge replacement over Moreau Creek. Project in- volves R0235 Cole County MO 545,600 813 RT J: Bridge rehabilitation 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 555,200 129 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 814 RT J: Bridge removal over the Niangua River. Project involves bridge S0391 Camden County MO 204,800 815 RT K: Pave- ment im- provements from I–49 to County Road 1800 near Nevada. Nevada MO 448,000 816 RT PP: Pave- ment im- provements from Route C in Roseland to Route 7 in Tightwad Roseland MO 453,600 817 RT T: Pave- ment im- provements and add rumblestripes from Rte. 52 to Rte. 135 and from Rte. 135 to the end of state mainte- nance Morgan County MO 3,020,000 818 RT. K bridge replacement over Dry Fork Creek Bridge Montgomery County MO 965,600 819 Study to deter- mine base stability and flood resil- iency near McKitrick McKittrick MO 80,000 820 Updated study for RR over- pass near High Hill High Hill MO 1,600,000 130 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 821 Upgrade pedes- trian facilities to comply with the ADA Transition Plan on Rte. 2 from Chisman Street to Rte. 52 in Wind- sor and on Rte. Y from Rte. 52 to Wall Street in Windsor Windsor MO 140,800 822 US 160: Pave- ment im- provements from I–49 in Lamar Heights to County Road 30th Lane east of Lamar. Lamar MO 609,600 823 US 50: Recon- struct con- crete pave- ment from Rte. EE to Independence 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 Interchange Rogersville MO 5,250,000 131 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 827 US65: Pave- ment im- provements 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 Marianas College, Paseo De Marianas and Kagman Saipan MP 900,000 831 Construction of the Common- wealth Office of Transit Authority Covered Bus Parking Fa- cility Saipan MP 3,000,000 832 Design and Construction of the Rota Transit Maintenance Facility Rota MP 520,000 833 Design and Construction of Tinian Transit Maintenance Facility Tinian MP 520,000 132 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 834 Procurement of Four (4) Rolling Stocks for Rota and Tinian De- mand Re- sponsive Services Rota and Tinian MP 480,000 835 Route 10 Drainage Im- provements and Road Overlay Rota MP 2,000,000 836 Route 205 Road and Drainage Im- provements Tinian MP 2,000,000 837 Route 30 (Chalan Pale Arnold) Safe- ty Improve- ments Saipan MP 2,000,000 838 Route 302 (Naftan Road) Im- provements 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 Main- tenance Fa- cility 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 Choctaw In- dians Multi- Road Overlay Project Choctaw MS 2,653,195 133 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 844 Morgantown Road Safety Improve- ments Natchez MS 2,400,000 845 Bozeman Seg- ment One— Reunion Ac- cess Network Madison MS 4,000,000 846 Airport Boule- vard Side- walk Morrisville NC 208,000 847 Atlantic & Yadkin Greenway, Phase 2 Greensboro NC 6,400,000 848 Avent Ferry Road Re- alignment Holly Springs NC 1,000,000 849 B–5871 Re- place Bridge no. 628 Over Lake Lure 5250. Dam and Broad River Lake Lure NC 8,000,000 850 Black Creek Greenway Cary NC 4,984,800 851 Bryant Bridge North/Goose Creek West Trail Durham NC 2,320,000 852 Bus Replace- ment Fund- ing for Tri- angle Transit Systems 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 349,600 134 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 857 Electric buses and charging infrastruc- ture, 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 Re- pair and Re- placement Greenville NC 2,851,200 862 Hanging Dog Bridge Murphy NC 1,676,000 863 High Point Heritage Greenway— Phase 1 High Point NC 4,000,000 864 Jonathan Creek Safety Project Maggie Val- ley NC 160,000 865 Military Cutoff Road (US 17)/Eastwood Road (US 74) Inter- change (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, Infrastruc- ture Repair, and Resur- facing Wilson NC 8,400,000 868 RIDE- Rural Microtransit Wilson NC 2,000,000 135 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 869 Silas Creek Parkway Sidewalk Winston- Salem NC 4,533,600 870 South Tar River Green- way Greenville NC 1,775,000 871 Streetlighting on High In- jury Network Charlotte NC 8,000,000 872 Transit Bus Stop Im- provements Chapel Hill NC 900,000 873 US 19/129 Road Im- provements 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 Nor- folk to Wis- ner Norfolk to Wisner NE 20,000,000 878 Ashuelot-Trail Cheshire Trail (42511) Swanzey NH 1,200,000 879 Bedford 40664—U.S. 3 Widening from Haw- thorne Drive North to Manchester Airport Ac- cess Road Bedford NH 4,980,000 880 Claremont Intersection Improve- ments (13428) Claremont NH 1,000,000 881 Conway Phase II Pathway Conway NH 1,656,000 882 Derry Rail Trail (Folsom Rd to Lon- donderry town line) Derry NH 792,000 136 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 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 Inter- section Im- provements (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 Green- way 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 1,240,000 893 Pedestrian Bridge Cross- ing Granite Street Manchester NH 3,360,000 894 Plymouth Side- walk Project Plymouth NH 414,000 895 Reconstruct Mechanic St / High St / Mascoma St Intersection (4094) Lebanon NH 2,400,000 896 Rt 11 Safety and Capacity Improve- ments Rochester NH 5,664,000 137 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 897 Spruce Street Connector Nashua NH 1,000,000 898 Trestle Bridge—Mill City Park Trail Franklin NH 1,200,000 899 Waterville Val- ley Pedes- trian Im- provements Waterville Valley NH 948,110 900 Whitefield Side- walk Project Whitefield NH 396,704 901 Berkshire Val- ley Road Truck Cir- culation Project Kenvil (Roxbury Township) NJ 2,000,000 902 Bloomfield Ave- nue Roadway Improve- ments & 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 883,432 906 Construction of Pedestrian Bridge on Columbia Trail (Reloca- tion of Openaki Bridge Truss) Long Valley (Washington Township) NJ 1,000,000 907 Cranford Sta- tion Rehabili- tation Project Cranford NJ 1,120,000 138 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 908 Dennisville Pe- tersburg Road (CR 610) Resur- facing Im- provements Dennis Township NJ 1,640,000 909 Dunellen Bike- way and Pe- destrian Safety Im- provements Dunellen NJ 475,723 910 East Orange Train Station East Orange NJ 800,000 911 Enhanced Laydown Area for Off- shore Wind Industry, Paulsboro Marine Ter- minal Paulsboro NJ 4,750,000 912 Freehold’s Parking Im- provement project Freehold Borough NJ 557,716 913 Great Falls Gateway Phase II Paterson NJ 972,000 914 Hackettstown Mobility Im- provement Hackettstow- n NJ 4,712,000 915 Hamilton Street Plaza Project Bound Brook NJ 1,760,000 916 Hand Avenue (CR–658) Bridge Over Skeeter Is- land Creek Middle Township NJ 1,310,000 917 Highlands Rail Trail Phase II Wanaque NJ 800,000 918 Hudson Coun- ty’s County Avenue Re- construction Secaucus NJ 1,400,000 919 Irvington Ave- nue Side- walks and Streetscape Improve- ments South Or- ange NJ 2,750,000 139 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 920 Jackson Ave- nue/Riverside Avenue Im- provements Project Rutherford NJ 250,000 921 Kingsland Ave- nue Bridge Replacement Project Lyndhurst and Nutley NJ 5,000,000 922 Koleda Park Improvement Project Middletown NJ 800,000 923 Lackawanna Cut-off Cul- vert Reloca- tion 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 Ave- nue Round- about Project Woodland Park NJ 960,000 927 Mercer County Bus Purchase West Tren- ton NJ 732,000 928 Mercer County Electric Vehi- cles and Elec- tric Vehicle Charging Stations Trenton NJ 454,500 929 Mercer County Roadway Safety Im- provements Mercer County NJ 640,000 930 Newark Broad Street Signal Optimization Newark NJ 1,650,000 931 North Broad Street Rede- velopment Project Newark NJ 1,200,000 932 Ocean Drive (CR621) Up- grades and Bridge Im- provements Lower Town- ship NJ 7,000,000 140 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 933 Parkside Neigh- borhood School and Pedestrian Traffic Safe- ty Camden NJ 6,000,000 934 Passaic Bus Terminal Canopy Passaic NJ 1,600,000 935 Patriots Way Bridge Su- perstructure Replacement 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 Ave- nue & Park Avenue / Pe- destrian & Vehicular Safety Im- provements & 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 Township of Wayne, Pas- saic County NJ 1,500,000 141 •HR 3684 EH 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 Coun- ty Bridge 1400–433 on Bloomfield Avenue over a Tributary to Passaic River in the Township of Montville, Morris Coun- ty Montville/ Pine Brooke NJ 2,000,000 944 Replacement of Morris Coun- ty Bridge 1400–935 on Lenape Is- land Road over Indian Lake in the Township of Denville, Morris Coun- ty Denville NJ 1,000,000 945 River Road Overpass West New York NJ 5,200,000 946 River Road Subsurface Soil Stabiliza- tion Edgewater NJ 1,760,000 947 Roadway Reha- bilitation East Atlantic Avenue 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 3,000,000 142 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 950 Roadway Reha- bilitation Red Bank Avenue CR644 Woodbury NJ 1,765,000 951 Route 202, First Avenue Intersection Improve- ments – Right of Way Acquisitions Raritan NJ 3,340,685 952 Route 29 Tun- nel Ventila- tion 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 4,000,000 143 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 960 Study & Engi- neering De- sign for the Rehabilita- tion or Re- placement of Sussex Coun- ty 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 1,000,000 962 Sussex County Skylands Ride Capital Project Hamburg NJ 400,000 963 Teaneck Pedes- trian Over- pass Replace- ment Teaneck NJ 4,000,000 964 Tenafly Road- way Resur- face & Im- provements 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 Avenue/Flor- ence Colum- bus Road Intersection Improve- ments Florence Township NJ 17,320,000 144 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 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, Ken- ilworth Kenilworth NJ 600,000 970 Union County Structurally Deficient Bridge Initia- tive—High Street Bridge Summit NJ 600,000 971 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 800,000 145 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 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 Stations 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 3,500,000 981 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 Improve- ments Portales NM 2,079,000 984 Rio Lucero Road Im- provement Project Taos Pueblo NM 3,048,910 985 Wild Rose Road (Route #670) and Pedestrian Improvement 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 Reconstruc- tion Project Pahrump NV 1,552,079 146 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 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 Tran- sit Zero Emission Fleet Las Vegas NV 5,000,000 993 North Las Vegas Street Light Con- version North Las Vegas NV 12,000,000 994 Rancho Drive Complete Streets Im- provements Las Vegas NV 3,000,000 995 SR28 Central Corridor Sand Harbor to Spooner— Secret Har- bor to Skunk Harbor Trail, Parking and Safety Im- provements 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 Plat- form Exten- sions & Ele- vators Queens NY 16,910,000 999 ADA: Parkchester- E.177 St / Pelham Line (6 Train) Bronx NY 15,000,000 147 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 1000 Asharoken Ave- nue Northport NY 800,000 1001 Bannister Creek Bridge Reha- bilitation Lawrence NY 4,940,000 1002 Basher Pedes- trian Bridge Rehabilita- tion Tarrytown NY 494,400 1003 Bayville Bridge Bayville NY 14,489,446 1004 Bridge Repair/ Safety Assur- ance, West- chester Coun- ty Tarrytown NY 1,096,395 1005 Bridge Replace- ment of CR46 (Wil- liam Floyd Parkway) over Narrow Bay Brookhaven NY 7,200,000 1006 Broadway Junction Im- provements Phase 1, Brooklyn, NY, 8th Con- gressional District Brooklyn NY 8,000,000 1007 City of Pough- keepsie Mar- ket 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 2,700,000 148 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 1011 Del Valle Square/ Crames Square Traf- fic, Safety, and Plaza Improve- ments 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 Ave- nue Multiuse Corridor Im- provement Rochester NY 8,596,000 1015 Griswold Road over Murder Creek Bridge Replacement Darien NY 1,203,200 1016 Half Moon Bay Bridge Re- construction 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 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 Inter- val Avenue Area, Farm- ingdale Oyster Bay NY 1,000,000 149 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 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 Lin- coln Avenue, Riverdale 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 Network in NYCDOT Municipal Parking Fa- cilities 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 Centre NY 4,780,000 1032 Multi-Modal Phase I/Pe- destrian Con- nector Project Amsterdam NY 4,500,000 1033 Newburgh Ferry Land- ing Pier Newburgh NY 4,000,000 1034 Northport Flooding on Main St. Northport NY 1,392,000 150 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 1035 Northwest Bronx School Safety Im- provement Project Bronx NY 2,331,000 1036 NY 146 and NY146A Bi- cycle & Pe- destrian Ac- cess Improve- ments 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 Safe- ty Improve- ments Brooklyn NY 1,942,000 1042 Perry Road (CR 64) Highway Re- habilitation 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 1044 Preventative Maintenance Pavement from Route 67/Route 10 Ephratah to Johnstown City Line Town of Johnstown & Ephratah NY 3,394,752 151 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 1045 Purchase of Eight Elec- tric 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 Inter- section 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 1054 Route 104 Intersection Improvement Project Ontario NY 1,254,400 152 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 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 Students Cuba NY 1,472,000 1061 Safe Routes to School- Bronx (HWCSCH4D) Bronx NY 1,682,000 1062 Safe Routes to School— Manhattan (HWCSCH- MN) 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 Replacement Concord NY 1,400,000 1066 Shoreline Trail Lackawanna and Ham- burg NY 2,000,000 1067 Southeast Queens Flooding Re- lief Queens NY 3,859,000 1068 Street Restora- tion in Brooklyn— Hancock St, Bushwick Ave, Hill St, E 80th St Brooklyn NY 4,884,000 153 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 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 Me- dian Replace- ment 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 Rejuvenation Project Elmira NY 1,289,400 1079 West Broadway Rehabilita- tion Woodmere to Cedarhurst NY 9,670,000 1080 West Lake Road (CR 3) Preventative 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 1083 11th Street Re- construction Project Canton OH 1,500,000 154 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 1084 Arlington Road Corridor Green OH 5,578,551 1085 Bagley Road Reconstruc- tion North Ridgeville OH 1,500,000 1086 BRO–32–4.16 Mt. Orab OH 10,000,000 1087 Cherry Rd Bridges Re- habilitation Massillon OH 1,480,000 1088 CLE CR 3 – Aicholtz Road Round- abouts Cincinnati OH 2,000,000 1089 CLE SR32– 2.33 – CLE CR55 Over- pass 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 Improve- ments 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 Re- placement Project Philo OH 3,000,000 1098 HAM–75–1.95 Cincinnati OH 8,640,000 4,320,000 155 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 4,320,000 1099 Hydrogen In- frastructure Tank In- crease Canton OH 1,000,000 1100 Interchange Construction 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 Interchange Lucas Coun- ty OH 10,000,000 1103 Main Street Corridor Im- provement 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 Improve- ments Mentor OH 3,148,000 1111 Stark County CR–224 North Can- ton OH 350,000 1112 State Route 13 Relocation Mount Vernon OH 1,900,405 1113 State Route 254 & State Route 83 Intersection Improvement Avon OH 1,500,000 1114 Study and De- sign of ATB 531 Ashtabula OH 2,400,000 156 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 1115 The Point Intersec- tion—US 36/ SR 37 Delaware OH 4,000,000 1116 Thornwood Crossing Project Newark OH 5,000,000 1117 U.S. Route 30—East Canton Ex- pansion 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 Inter- section 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 4,000,000 157 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 1128 Cleveland Hop- kins Airport Master Plan Interstate Ac- cess Improve- ment Project Cleveland OH 2,000,000 1129 Cuyahoga Falls—Gorge Terrace Street Trans- formation Project City of Cuya- hoga Falls OH 7,200,000 1130 Eastgate— State Route 46 and War- ren-Sharon Road Inter- section Safety Improve- ments Howland Township OH 4,000,000 1131 Ferris Road Corridor Columbus OH 2,000,000 1132 Hiawatha Park Drive Urban Greenway Columbus OH 1,000,000 1133 Hudson Street and Green- way Trail Columbus OH 1,000,000 1134 Jackson Street/ Civic Center Mall Cor- ridor-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 Indus- trial Corridor Upgrade Jackson Township OH 4,000,000 158 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 1138 Multimodal Lakefront Access, Cuya- hoga County, Ohio City of Cleve- land Bound- ary, includ- ing Bay Vil- lage, 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 1142 Rickenbacker Area Ac- cess—North- bound 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 Interstate 35 at Inter- changes be- tween Memo- rial and 2nd Street Edmond OK 10,000,000 1146 I–35 Widening in Love County 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 Replacement & Repair Project Midwest City OK 2,880,000 1150 SH30 from SH33 N. 2 miles in Roger Mills Co Durham OK 2,000,000 159 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 1151 SH–33 from Blaine Coun- ty line east to SH–74 Kingfisher OK 3,250,000 1152 US–270 be- tween Watonga and Seiling Watonga OK 3,250,000 1153 US–287 from Boise City north to Col- orado (Ports- to-Plains Corridor) Boise City OK 3,250,000 1154 181st Safety Improve- ments 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 1157 Beaverton Downtown Loop: Phase 1 Improve- ments 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 Ter- minal 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 1,844,322 160 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 1164 Main Avenue/ OR 104 Pe- destrian 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 Improve- ments – 122nd Portland OR 5,000,000 1169 Safety and Smart Tech- nology In- vestments: Central City, Broadway Portland OR 4,000,000 2,000,000 2,000,000 1170 Siuslaw River Bridge Pe- destrian and Bicycle Im- provement Project Florence OR 897,300 1171 Territorial Highway Re- construction Phase 3 Lane County OR 5,000,000 1172 TriMet Zero Emission Bus Infrastruc- ture Portland OR 4,000,000 161 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 1173 Tualatin Valley Highway Safety Im- provements Cornelius, Hillsboro, unincor- porated Washington County OR 4,000,000 1174 Amtran Bus Replacement Altoona PA 900,000 1175 Asset Manage- ment Phase 1 Washington/ North Branch/ Forkston Townships PA 2,800,000 1176 Bradford By- pass Bradford PA 5,680,000 1177 Bristol Station Improve- ments Bristol PA 5,000,000 1178 Cambria Coun- ty Transit Authority (CamTran) Bus Replace- ments Johnstown PA 6,160,000 1179 Crawford Ave- nue Bridge Rehabilita- tion Connellsville PA 5,682,180 1180 East Wash- ington Road (PennDOT ID 91768) New Castle PA 3,116,000 1181 East Wash- ington Street Bridge (PennDOT ID 100743) New Castle PA 1,400,000 1182 Johnstown Mainstreet Greenway & Urban Connectivity Improve- ments Johnstown PA 1,500,000 1183 Laurel Valley Transpor- tation Im- provement Project SR 130 to Ar- nold Palmer Airport Mt Pleasant and Unity Townships PA 5,000,000 162 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 1184 Lower State Road Grade Crossing Safety Im- provements 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 Pedestrian 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 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, Connoquene- ssing, and Franklin Townships PA 2,454,000 163 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 1198 US 6: Reynolds St – Baldwin St Ext (Route 6 Highway Re- construction) 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 Rehabilita- tion Williamsport PA 3,360,000 1201 Waynesburg Betterment Waynesburg Borough & Franking Township PA 8,000,000 1202 69th Street Transpor- tation Center Master Plan Upper Darby PA 1,600,000 1203 Blakely Bor- ough Main Street Cor- ridor 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 1205 Bushkill Creek Bridge Re- placements (2) Carrying State Route 33 Easton PA 4,000,000 1206 Carnegie Sta- tion Improve- ment and Park and Ride Expan- sion Carnegie PA 9,699,200 164 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 1207 Castor Ave Complete Street Philadelphia PA 3,000,000 1208 Cementon Bridge Re- placement carrying State Route 329 over the Lehigh River Whitehall, Northampton PA 10,000,000 1209 Chestnut Street Pedestrian Safety Is- lands 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 Resur- facing Project Wright Township, 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 Exten- sion Plymouth Township PA 4,840,000 1215 Erie Station (Broad Street Line) Acces- sibility Im- provements Philadelphia PA 7,200,000 3,600,000 3,600,000 165 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 1216 Exton Station Intermodal Connectivity Exton PA 4,800,000 1217 Frankford Creek Green- way: Adams Avenue to Bristol Street Philadelphia PA 2,000,000 1218 Franklin Square Pe- destrian and Bicycle Im- provement— 7th and Race Specific 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 Traffic Safe- ty Project (34th St.) Philadelphia PA 4,000,000 1226 Marcus Hook Regional Rail Station Ac- cessibility Im- provements Marcus Hook PA 11,250,000 1227 Market Place District Im- provements Project Moon Town- ship PA 3,100,800 1228 McKees Rocks Bridge McKees Rocks PA 5,000,000 166 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 1229 McKeesport— Duquesne Bridge Pres- ervation McKeesport PA 4,000,000 1230 PA 12 West Resurface- 422 Wyomissing Borough PA 4,000,000 1231 Parkside Ave- nue – 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 Bou- levard Inter- section Im- provements 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 Reha- bilitation 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 Hender- son Road Widening Upper Merion PA 5,000,000 1242 SR 29 & SR 113 Intersec- tion Improve- ments Perkiomen Township PA 3,676,512 167 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 1243 SR 4004—Park Ave, Eagleville Road, Crawford Road Inter- section Re- alignment Project Audubon PA 4,745,604 1244 State Route 115 Corridor Improve- ments Effort Chestnuthill Township, Monroe County PA 4,000,000 1245 State Route 590 Paving Project Lackawaxen Township, Pike County PA 2,400,000 1246 State Route 652 Resur- facing Project Berlin Town- ship, Wayne County PA 1,008,000 1247 Tilghman Street and State Route 309 Inter- change Re- construction South White- hall Town- ship 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 8,000,000 168 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 1255 Pawtucket Ave- nue Veteran’s Memorial Parkway to Waterman Avenue East Provi- dence RI 5,600,000 1256 Post Road and Old Post Road Im- provements Westerly, Charlestown RI 10,400,000 1257 Route 2, Bald Hill Road, and New London Ave- nue Improve- ments 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 1,100,000 169 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 1264 Santee Wateree Regional Transpor- tation #2022 Sumter SC 2,000,000 1265 Sumter Man- ning Avenue Bridge Multimodal Enhance- ments Sumter SC 4,000,000 1266 US 21/178 By- pass (Joe S. Jeffords Highway) Corridor Im- provement 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 Ave- nue 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 Boulevard Signalized Pedestrian 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 Improve- ments Fall Branch TN 242,000 170 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 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 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 Im- provement Project Glenn Heights TX 3,329,417 1289 City of South Houston-- Concrete Sidewalks South Hous- ton TX 1,264,530 1290 Clay Road Bridge Re- construction Project Houston TX 9,929,577 1291 Dallas East Grand Ave- nue (SH–78) Corridor Study & In- frastructure Improve- ments Dallas TX 1,300,000 1292 Dallas Vision Zero Imple- mentation Dallas TX 10,000,000 1293 DART LED Light Re- placement Project Dallas TX 2,080,000 1294 DART Mobile Data Termi- nals System Upgrade Project Dallas TX 1,760,000 171 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 1295 East Dallas Bus and Maintenance Facility Ren- ovation Project Dallas TX 891,992 1296 FM 3349/US 79 Railroad Grade Sepa- ration Project Hutto & Tay- lor TX 10,000,000 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 Reconstruc- tion with Transit and Pedestrian Enhance- ments Houston TX 11,000,000 1300 Greater Down- town Dallas Master Plan Dallas TX 1,600,000 1301 Grove Street Intermodal Campus Re- habilitation 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 12,000,000 172 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 1308 Meadowglen West Com- plete Street Project Houston TX 4,000,000 1309 Memorial Park Connector South Houston TX 4,000,000 1310 Missouri City/ BW 8 Tran- sit Facility Missouri City TX 5,000,000 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 Memphis 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 Chi- cago Avenue to Memphis Avenue (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 10,000,000 173 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 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 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’’ In- telligent Transpor- tation System El Paso TX 7,200,000 1326 The I–35 Inno- vative Cor- ridor Project Dallas TX 7,500,000 1327 Traffic Signal Improve- ments Loop 338 at W Yukon Rd Odessa TX 2,480,000 1328 Trinity Lakes Station— Fort Worth Transpor- tation 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 20,000,000 174 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 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/ Richmond Street Recon- struction 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 1338 700 West Project South Salt Lake City UT 3,000,000 1339 BRT from Kimball Junction 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 High- way 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 Re- build Project Ogden UT 5,500,000 175 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 1349 Ogden Canyon Shared Use Pathway Project Ogden UT 4,000,000 1350 Park City Arts and Culture District Roadway 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 Connection Springville and Spanish Fork UT 1,700,000 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 Com- mand Vehicle Demonstra- tion 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 Improve- ments Project Richmond VA 1,600,000 1361 Craney Island Access Road Portsmouth VA 3,111,500 176 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 1362 Electric Emer- gency Re- sponse Vehi- cles Chesapeake VA 1,600,000 1363 Fall Line Trail – Downtown Core En- hancements 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 North- bound Truck Climbing Lane—Mile Marker 39.5 Marion VA 11,160,000 1368 Intersection Safety Im- provements at the Inter- section of Route 15 and Route 250 Troy VA 5,082,700 1369 Intersection Safety Im- provements at the Inter- section 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 For- est Hill Ave- nue Richmond VA 1,600,000 1372 Long Bridge Arlington VA 4,000,000 1373 Mathis Corridor Revitalization Project Manassas VA 7,000,000 177 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 1374 Multimodal Transpor- tation Infra- structure Im- provements Falls Church VA 2,000,000 1375 Nimmo Park- way Phase VII-B Virginia Beach VA 5,000,000 1376 Old Bridge Road at Gor- don Boule- vard Inter- change/Inter- section Im- provements Woodbridge VA 4,000,000 1377 Parallel Chesa- peake Tunnel Project Northampton County VA 3,111,500 1378 Peninsula Tran- sit Signal Priority Im- provements Newport News and Hampton VA 9,702,071 1379 Red Lane Road/ Rt. 60 Con- tinuous Green T Powhatan VA 3,145,663 1380 Richmond Highway Bus Rapid Tran- sit Fairfax County VA 5,000,000 1381 Roundabout at the intersec- tion of Mid- dle Road (Rt. 646) and Jef- ferson Park Road (Rt. 630) Prince George County VA 3,540,806 1382 Route 31 Bicy- cle Accom- modations Project Surry VA 6,379,000 1383 Route 7/Route 690 Inter- change Purcellville VA 10,000,000 178 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 1384 Rt. 208 (Court- house Road) and Hood Drive Inter- section Im- provement (UPC 110987) Fredericks- burg VA 1,151,000 1385 Silver Line Support Transpor- tation Alter- natives Fairfax VA 10,500,000 1386 The Birthplace of America Trail Newport News VA 3,160,000 1387 Tidewater Drive Reconstruc- tion 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 Inter- section Re- construction Barre VT 4,750,000 1391 Essex Junction Crescent Connector Essex VT 5,400,000 1392 Railyard Enter- prise Project (Design & Permitting Phase) Burlington VT 2,250,000 1393 Town of Hart- ford (Quechee) U.S 4 Bridge Rehabilita- tion Hartford VT 7,600,000 179 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 1394 Bigelow Gulch and Sullivan Road Cor- ridor 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 Reconstruc- tion 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 Im- provements 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 Air- port Spotted Road Project Spokane WA 6,749,000 1402 SR 410/Rock Creek Vic— Chronic Envi- ronmental Deficiency Naches WA 3,562,000 1403 SW Mojonnier Road Recon- struction College Place WA 2,453,574 1404 US 12 Naches Vic to Yak- ima Vic— Intersection Safety Im- provements Naches WA 1,452,000 1405 US 97/Jones Rd—Inter- section Im- provements Wapato WA 4,464,000 180 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 1406 US Highway 12 Phase 8 Final Design and Right of Way Acquisi- tion 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 Improve- ments 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 Separa- tion 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 Tran- sit 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 Ken- more Fish Passable Cul- vert Replace- ments Kenmore WA 1,224,000 1416 College Street Corridor Im- provements Phase III Lacey WA 6,000,000 181 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 1417 Columbia River Pedestrian Bridge Ex- tension, 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 Improve- ments – Phase 1 Seattle WA 2,340,000 1420 Eastrail Wilburton Critical Crossing 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 Improve- ments Aubrun WA 4,446,200 1426 Links to Oppor- tunity Streetscape Project Tacoma WA 2,000,000 1427 Lyon Creek Culvert Re- placement Project Lake Forest Park WA 3,100,000 1428 Meeker Com- plete Street/ Safe Routes to School Project Kent WA 2,500,000 182 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 1429 MLK Jr. Way S Safety and Accessibility Improve- ments Project Seattle WA 750,000 1430 NE 124th St / 124th Ave NE Pedes- trian Bridge (Totem Lake Non-Motor- ized Bridge) Kirkland WA 2,000,000 1431 Orting HWY 162 Pedes- trian Bridge Oting WA 6,000,000 1432 Puyallup Ave- nue Transit/ Complete Street Im- provements Tacoma WA 2,000,000 1433 Rainier Avenue South Cor- ridor Im- provements— Phase 4A Renton WA 2,000,000 1434 Redmond Cen- tral Con- nector 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 El- ementary 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 Electrifica- tion Tukwila WA 3,000,000 1439 South Tacoma Way, 88th Street S to 80th Street Court SW. Lakewood WA 2,400,000 183 •HR 3684 EH 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 Re- placement 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 Tran- sit Station Tukwila WA 2,000,000 1445 US 12/Heron St Bridge Tier 1— Bridge Reha- bilitation Aberdeen WA 2,038,166 1446 US–2 WB Trestle Lake Ste- vens, Everett WA 1,680,000 840,000 840,000 1447 Washington State Ferries Seattle Ferry Terminal Shoreside Electrifica- tion Seattle WA 4,200,000 1448 West Seattle and Ballard Link Exten- sions (WSBLE) Seattle WA 5,360,000 1449 X Street Roundabout Tumwater WA 3,250,000 1450 Atwood Ave. (Fair Oaks Ave. to Cot- tage Grove Rd.) Madison WI 6,275,000 184 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 1451 BeerLine Bike and Pedes- trian Trail Milwaukee WI 1,200,000 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/Cen- tury Avenue Bridge (B– 13–0046) over Pheas- ant Branch Replacement Including Ap- proaches and Branch Street Inter- section 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 Na- tional Ceme- tery Milwaukee WI 2,000,000 1457 Milwaukee Country Transit Bus Purchase Wauwatosa WI 4,000,000 1458 Milwaukee County Tran- sit Security Initiative Wauwatosa WI 2,000,000 1459 Reconstruction of Silver Spring Drive Glendale WI 4,500,000 1460 Reedsburg – Baraboo, Preston Ave- nue to STH 23 Const./ Mill & Over- lay, State 3R Reedsburg WI 125,000 185 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 1461 Reedsburg – Wisconsin Dells STH 136 Intersec- tion Const./ Intersection Improvement/ RAB Safety Reedsburg WI 1,600,000 1462 South Kinnickinnic Avenue Re- surfacing Project St. Francis WI 700,000 1463 US 14 (Wis- consin River to Oak Street) be- tween Spring Green & Madison Arena WI 2,000,000 1464 Vliet Street Re- surfacing Project Milwaukee WI 4,200,000 1465 Hal Greer Bou- levard Cor- ridor Up- grade 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 Inter- change—New Access Road Rock Creek WV 10,000,000 1470 Route 93 Scherr Over- pass Scherr WV 3,120,000 1471 Van Voorhis Road Morgantown WV 6,800,000 1472 WVU PRT Pas- senger Sta- tions Reha- bilitation Project Morgantown WV 4,800,000 186 •HR 3684 EH No. Project Name City State/Ter- ritory Amount 1473 Excelsior Springs Safe Streets and Sidewalks Excelsior Springs MO 9,444,706 1474 Fox River Re- gional Trail: Hoover For- est Preserve- Fox River Bluffs Con- necting Trail Segment Yorkville IL 240,000 1475 City of Red Wing Levee Road Re- alignment Project Red Wing MN 3,124,521 SEC. 108. REPORT ON PROGRESS OF DBE PROGRAM. 1 (a) IN GENERAL.—Not later than 1 year after the 2 date of enactment of this Act, and annually thereafter, 3 the Secretary of Transportation shall submit to Congress 4 a report on the disadvantaged business enterprises pro- 5 gram carried out by the Department of Transportation 6 pursuant to section 1101(c) of this division. 7 (b) CONTENTS.—The report required under sub- 8 section (a) shall include, at a minimum, the percentage 9 and dollar amount of Federal funds paid to small business 10 concerns owned and controlled by socially and economi- 11 cally disadvantaged individuals in the prior fiscal year for 12 each State and territory of the United States. 13 187 •HR 3684 EH (c) DEFINITIONS.—The terms ‘‘small business con- 1 cern’’ and ‘‘socially and economically disadvantaged indi- 2 viduals’’ have the meanings given such terms in section 3 1101(c)(2). 4 DIVISION B—SURFACE 5 TRANSPORTATION 6 SEC. 1001. APPLICABILITY OF DIVISION. 7 (a) APPLICABILITY.—This division, including the 8 amendments made by this division, applies beginning on 9 October 1, 2022. 10 (b) REFERENCE TO DATE OF ENACTMENT.—In this 11 division and the amendments made by this division, any 12 reference to— 13 (1) the date of enactment of this Act; 14 (2) the date of enactment of a provision of this 15 division; 16 (3) the date of enactment of a provision added 17 to law by an amendment made by this division; or 18 (4) the date of enactment of the INVEST in 19 America Act added to law by an amendment made 20 by this division, 21 shall be treated as a reference to October 1, 2022. 22 (c) EXCEPTION FOR IMMEDIATE APPLICATION.— 23 Subsections (a) and (b) shall not apply to the following 24 sections and any amendments made by such sections: 25 188 •HR 3684 EH (1) Section 1105. 1 (2) Section 1107. 2 (3) Section 1305. 3 (4) Subsections (c)(1) and (d) of section 2104. 4 (5) Section 2106. 5 (6) Section 2112. 6 (7) Section 2204(1)(A). 7 (8) Section 2305. 8 (9) Section 2307. 9 (10) Section 2902(2). 10 TITLE I—FEDERAL-AID 11 HIGHWAYS 12 Subtitle A—Authorizations and 13 Program Conditions 14 SEC. 1101. AUTHORIZATION OF APPROPRIATIONS. 15 (a) IN GENERAL.—The following amounts are au- 16 thorized to be appropriated out of the Highway Trust 17 Fund (other than the Mass Transit Account): 18 (1) FEDERAL-AID HIGHWAY PROGRAM.—For 19 the national highway performance program under 20 section 119 of title 23, United States Code, the pre- 21 disaster mitigation program under section 124 of 22 such title, the railway crossings program under sec- 23 tion 130 of such title, the surface transportation 24 program under section 133 of such title, the high- 25 189 •HR 3684 EH way safety improvement program under section 148 1 of such title, the congestion mitigation and air qual- 2 ity improvement program under section 149 of such 3 title, the clean corridors program under section 151 4 of such title, the national highway freight program 5 under section 167 of such title, the carbon pollution 6 reduction program under section 171 of such title, 7 and metropolitan planning under section 134 of such 8 title— 9 (A) $56,522,048,429 for fiscal year 2023; 10 (B) $57,480,646,776 for fiscal year 2024; 11 (C) $58,595,359,712 for fiscal year 2025; 12 and 13 (D) $59,618,666,186 for fiscal year 2026. 14 (2) TRANSPORTATION INFRASTRUCTURE FI- 15 NANCE AND INNOVATION PROGRAM.—For credit as- 16 sistance under the transportation infrastructure fi- 17 nance and innovation program under chapter 6 of 18 title 23, United States Code, $250,000,000 for each 19 of fiscal years 2023 through 2026. 20 (3) CONSTRUCTION OF FERRY BOATS AND 21 FERRY TERMINAL FACILITIES.—For construction of 22 ferry boats and ferry terminal facilities under sec- 23 tion 147 of title 23, United States Code, 24 190 •HR 3684 EH $120,000,000 for each of fiscal years 2023 through 1 2026. 2 (4) FEDERAL LANDS AND TRIBAL TRANSPOR- 3 TATION PROGRAMS.— 4 (A) TRIBAL TRANSPORTATION PRO- 5 GRAM.—For the tribal transportation program 6 under section 202 of title 23, United States 7 Code, $800,000,000 for each of fiscal years 8 2023 through 2026. 9 (B) FEDERAL LANDS TRANSPORTATION 10 PROGRAM.— 11 (i) IN GENERAL.—For the Federal 12 lands transportation program under sec- 13 tion 203 of title 23, United States Code, 14 $555,000,000 for each of fiscal years 2023 15 through 2026. 16 (ii) ALLOCATION.—Of the amount 17 made available for a fiscal year under 18 clause (i)— 19 (I) the amount for the National 20 Park Service is $400,000,000 for each 21 of fiscal years 2023 through 2026; 22 (II) the amount for the United 23 States Fish and Wildlife Service is 24 191 •HR 3684 EH $50,000,000 for each of fiscal years 1 2023 through 2026; 2 (III) the amount for the United 3 States Forest Service is $50,000,000 4 for each of fiscal years 2023 through 5 2026; 6 (IV) the amount for the Corps of 7 Engineers is $16,000,000 for each of 8 fiscal years 2023 through 2026; 9 (V) the amount for the Bureau 10 of Land Management is $16,000,000 11 for each of fiscal years 2023 through 12 2026; 13 (VI) the amount for the Bureau 14 of Reclamation is $16,000,000 for 15 each of fiscal years 2023 through 16 2026; and 17 (VII) the amount for independent 18 Federal agencies with natural re- 19 source and land management respon- 20 sibilities is $7,000,000 for each of fis- 21 cal years 2023 through 2026. 22 (C) FEDERAL LANDS ACCESS PROGRAM.— 23 For the Federal lands access program under 24 section 204 of title 23, United States Code, 25 192 •HR 3684 EH $345,000,000 for each of fiscal years 2023 1 through 2026. 2 (D) FEDERAL LANDS AND TRIBAL MAJOR 3 PROJECTS GRANTS.—To carry out section 208 4 of title 23, United States Code, $400,000,000 5 for each of fiscal years 2023 through 2026. 6 (5) TERRITORIAL AND PUERTO RICO HIGHWAY 7 PROGRAM.—For the territorial and Puerto Rico 8 highway program under section 165 of title 23, 9 United States Code, the amounts specified in para- 10 graphs (1) and (2) of section 165(a) for each of fis- 11 cal years 2023 through 2026. 12 (6) PROJECTS OF NATIONAL AND REGIONAL 13 SIGNIFICANCE.—For projects of national and re- 14 gional significance under section 117 of title 23, 15 United States Code, $3,000,000,000 for each of fis- 16 cal years 2023 through 2026. 17 (7) COMMUNITY TRANSPORTATION INVESTMENT 18 GRANTS.—To carry out section 173 of title 23, 19 United States Code, $600,000,000 for each of fiscal 20 years 2023 through 2026. 21 (8) COMMUNITY CLIMATE INNOVATION 22 GRANTS.—To carry out section 172 of title 23, 23 United States Code, $250,000,000 for each of fiscal 24 years 2023 through 2026. 25 193 •HR 3684 EH (9) NATIONAL SCENIC BYWAYS PROGRAM.—To 1 carry out section 162 of title 23, United States 2 Code, $16,000,000 for each of fiscal year 2023 3 through 2026. 4 (10) REBUILD RURAL BRIDGES PROGRAM.— To 5 carry out section 1307 of this Act, $250,000,000 for 6 each of fiscal years 2023 through 2026. 7 (11) PARKING FOR COMMERCIAL MOTOR VEHI- 8 CLES.—To carry out section 1308 of this Act, 9 $250,000,000 for each of fiscal years 2023 through 10 2026. 11 (12) ACTIVE CONNECTED TRANSPORTATION 12 GRANT PROGRAM.—To carry out section 1309 of 13 this Act, $250,000,000 for each of fiscal years 2023 14 through 2026. 15 (13) WILDLIFE CROSSINGS PROGRAM.—To 16 carry out section 1310 of this Act, $100,000,000 for 17 each of fiscal years 2023 through 2026. 18 (14) RECONNECTING NEIGHBORHOODS PRO- 19 GRAM.—To carry out section 1311 of this Act, 20 $750,000,000 for each of fiscal years 2023 through 21 2026. 22 (15) METRO PERFORMANCE PROGRAM.—To 23 carry out section 1305 of this Act, $250,000,000 for 24 each of fiscal years 2023 through 2026. 25 194 •HR 3684 EH (16) GRIDLOCK REDUCTION GRANT PRO- 1 GRAM.—To carry out section 1306 of this Act, 2 $500,000,000 for fiscal year 2023. 3 (b) AUTHORIZATION FOR NATIONAL SCENIC BY- 4 WAYS.—There is authorized to be appropriated out of the 5 general fund of the Treasury $39,000,000 for each of fis- 6 cal years 2023 through 2026 to carry out section 162 of 7 title 23, United States Code. 8 (c) TREATMENT OF FUNDS.—Amounts made avail- 9 able under paragraphs (10) through (14) of subsection (a) 10 shall be administered as if apportioned under chapter 1 11 of title 23, United States Code. 12 (d) DISADVANTAGED BUSINESS ENTERPRISES.— 13 (1) FINDINGS.—Congress finds that— 14 (A) despite the real improvements caused 15 by the disadvantaged business enterprise pro- 16 gram, minority- and women-owned businesses 17 across the country continue to confront serious 18 and significant obstacles to success caused by 19 race and gender discrimination in the federally 20 assisted surface transportation market and re- 21 lated markets across the United States; 22 (B) the continuing race and gender dis- 23 crimination described in subparagraph (A) mer- 24 195 •HR 3684 EH its the continuation of the disadvantaged busi- 1 ness enterprise program; 2 (C) recently, the disparities cause by dis- 3 crimination against African American, Hispanic 4 American, Asian American, Native American, 5 and women business owners have been further 6 exacerbated by the coronavirus pandemic and 7 its disproportionate effects on minority- and 8 women-owned businesses across the nation; 9 (D) Congress has received and reviewed 10 testimony and documentation of race and gen- 11 der discrimination from numerous sources, in- 12 cluding congressional hearings and other inves- 13 tigative activities, scientific reports, reports 14 issued by public and private agencies at every 15 level of government, news reports, academic 16 publications, reports of discrimination by orga- 17 nizations and individuals, and discrimination 18 lawsuits, which continue to demonstrate that 19 race- and gender-neutral efforts alone are insuf- 20 ficient to address the problem; 21 (E) the testimony and documentation de- 22 scribed in subparagraph (D) demonstrate that 23 discrimination across the United States poses 24 an injurious and enduring barrier to full and 25 196 •HR 3684 EH fair participation in surface transportation-re- 1 lated businesses of women business owners and 2 minority business owners and has negatively af- 3 fected firm formation, development and success 4 in many aspects of surface transportation-re- 5 lated business in the public and private mar- 6 kets; and 7 (F) the testimony and documentation de- 8 scribed in subparagraph (D) provide a clear pic- 9 ture of the inequality caused by discrimination 10 that continues to plague our nation and a 11 strong basis that there is a compelling need for 12 the continuation of the disadvantaged business 13 enterprise program to address race and gender 14 discrimination in surface transportation-related 15 business. 16 (2) DEFINITIONS.—In this subsection, the fol- 17 lowing definitions apply: 18 (A) SMALL BUSINESS CONCERN.—The 19 term ‘‘small business concern’’ means a small 20 business concern (as the term is used in section 21 3 of the Small Business Act (15 U.S.C. 632)). 22 (B) SOCIALLY AND ECONOMICALLY DIS- 23 ADVANTAGED INDIVIDUALS.—The term ‘‘so- 24 cially and economically disadvantaged individ- 25 197 •HR 3684 EH uals’’ has the meaning given the term in section 1 8(d) of the Small Business Act (15 U.S.C. 2 637(d)) and relevant subcontracting regulations 3 issued pursuant to that Act, except that women 4 shall be presumed to be socially and economi- 5 cally disadvantaged individuals for purposes of 6 this subsection. 7 (3) AMOUNTS FOR SMALL BUSINESS CON- 8 CERNS.—Except to the extent that the Secretary of 9 Transportation determines otherwise, not less than 10 10 percent of the amounts made available for any 11 program under titles I, II, V, and VII of this divi- 12 sion and section 403 of title 23, United States Code, 13 shall be expended through small business concerns 14 owned and controlled by socially and economically 15 disadvantaged individuals. 16 (4) ANNUAL LISTING OF DISADVANTAGED BUSI- 17 NESS ENTERPRISES.—Each State shall annually— 18 (A) survey and compile a list of the small 19 business concerns referred to in paragraph (3) 20 in the State, including the location of the small 21 business concerns in the State; and 22 (B) notify the Secretary, in writing, of the 23 percentage of the small business concerns that 24 are controlled by— 25 198 •HR 3684 EH (i) women; 1 (ii) socially and economically dis- 2 advantaged individuals (other than 3 women); and 4 (iii) individuals who are women and 5 are otherwise socially and economically dis- 6 advantaged individuals. 7 (5) UNIFORM CERTIFICATION.— 8 (A) IN GENERAL.—The Secretary of 9 Transportation shall establish minimum uni- 10 form criteria for use by State governments in 11 certifying whether a concern qualifies as a small 12 business concern for the purpose of this sub- 13 section. 14 (B) INCLUSIONS.—The minimum uniform 15 criteria established under subparagraph (A) 16 shall include, with respect to a potential small 17 business concern— 18 (i) on-site visits; 19 (ii) personal interviews with personnel; 20 (iii) issuance or inspection of licenses; 21 (iv) analyses of stock ownership; 22 (v) listings of equipment; 23 (vi) analyses of bonding capacity; 24 (vii) listings of work completed; 25 199 •HR 3684 EH (viii) examination of the resumes of 1 principal owners; 2 (ix) analyses of financial capacity; and 3 (x) analyses of the type of work pre- 4 ferred. 5 (6) REPORTING.—The Secretary of Transpor- 6 tation shall establish minimum requirements for use 7 by State governments in reporting to the Sec- 8 retary— 9 (A) information concerning disadvantaged 10 business enterprise awards, commitments, and 11 achievements; and 12 (B) such other information as the Sec- 13 retary determines to be appropriate for the 14 proper monitoring of the disadvantaged busi- 15 ness enterprise program. 16 (7) COMPLIANCE WITH COURT ORDERS.—Noth- 17 ing in this subsection limits the eligibility of an indi- 18 vidual or entity to receive funds made available 19 under titles I, II, V, and VII of this division and sec- 20 tion 403 of title 23, United States Code, if the enti- 21 ty or person is prevented, in whole or in part, from 22 complying with paragraph (3) because a Federal 23 court issues a final order in which the court finds 24 200 •HR 3684 EH that a requirement or the implementation of para- 1 graph (3) is unconstitutional. 2 (8) SENSE OF CONGRESS ON PROMPT PAYMENT 3 OF DBE SUBCONTRACTORS.—It is the sense of Con- 4 gress that— 5 (A) the Secretary of Transportation should 6 take additional steps to ensure that recipients 7 comply with section 26.29 of title 49, Code of 8 Federal Regulations (the disadvantaged busi- 9 ness enterprises prompt payment rule), or any 10 corresponding regulation, in awarding federally 11 funded transportation contracts under laws and 12 regulations administered by the Secretary; and 13 (B) such additional steps should include 14 increasing the Department of Transportation’s 15 ability to track and keep records of complaints 16 and to make that information publicly available. 17 (9) SENSE OF CONGRESS ON FULFILLING CER- 18 TAIN CONTRACTS.—It is the sense of Congress that 19 contractors participating in a federally funded trans- 20 portation contract with a small business concern 21 owned and controlled by socially and economically 22 disadvantaged individuals should ensure that the 23 percentage of a contract promised to such small 24 business concern is fulfilled, unless prior approval is 25 201 •HR 3684 EH obtained consistent with the regulations under part 1 26 of title 49, Code of Federal Regulations. 2 (d) LIMITATION ON FINANCIAL ASSISTANCE FOR 3 STATE-OWNED ENTERPRISES.— 4 (1) IN GENERAL.—Funds provided under this 5 section may not be used in awarding or exercising 6 an option on a previously awarded contract, a con- 7 tract, subcontract, grant, or loan to an entity that 8 is owned or controlled by, is a subsidiary of, or is 9 otherwise related legally or financially to a corpora- 10 tion based in a country that— 11 (A) is identified as a nonmarket economy 12 country (as defined in section 771(18) of the 13 Tariff Act of 1930 (19 U.S.C. 1677(18))) as of 14 the date of enactment of this Act; 15 (B) was identified by the United States 16 Trade Representative in the most recent report 17 required by section 182 of the Trade Act of 18 1974 (19 U.S.C. 2242) as a priority foreign 19 country under subsection (a)(2) of that section; 20 and 21 (C) is subject to monitoring by the Trade 22 Representative under section 306 of the Trade 23 Act of 1974 (19 U.S.C. 2416). 24 202 •HR 3684 EH (2) EXCEPTION.—For purposes of paragraph 1 (1), the term ‘‘otherwise related legally or finan- 2 cially’’ does not include a minority relationship or in- 3 vestment. 4 (3) INTERNATIONAL AGREEMENTS.—This sub- 5 section shall be applied in a manner consistent with 6 the obligations of the United States under inter- 7 national agreements. 8 SEC. 1102. OBLIGATION LIMITATION. 9 (a) GENERAL LIMITATION.—Subject to subsection 10 (e), and notwithstanding any other provision of law, the 11 obligations for Federal-aid highway and highway safety 12 construction programs shall not exceed— 13 (1) $66,097,092,526 for fiscal year 2023; 14 (2) $66,570,608,070 for fiscal year 2024; 15 (3) $67,701,550,431 for fiscal year 2025; and 16 (4) $68,741,903,518 for fiscal year 2026. 17 (b) EXCEPTIONS.—The limitations under subsection 18 (a) shall not apply to obligations under or for— 19 (1) section 125 of title 23, United States Code; 20 (2) section 147 of the Surface Transportation 21 Assistance Act of 1978 (23 U.S.C. 144 note; 92 22 Stat. 2714); 23 (3) section 9 of the Federal-Aid Highway Act 24 of 1981 (95 Stat. 1701); 25 203 •HR 3684 EH (4) subsections (b) and (j) of section 131 of the 1 Surface Transportation Assistance Act of 1982 (96 2 Stat. 2119); 3 (5) subsections (b) and (c) of section 149 of the 4 Surface Transportation and Uniform Relocation As- 5 sistance Act of 1987 (101 Stat. 198); 6 (6) sections 1103 through 1108 of the Inter- 7 modal Surface Transportation Efficiency Act of 8 1991 (Public Law 102–240); 9 (7) section 157 of title 23, United States Code 10 (as in effect on June 8, 1998); 11 (8) section 105 of title 23, United States Code 12 (as in effect for fiscal years 1998 through 2004, but 13 only in an amount equal to $639,000,000 for each 14 of those fiscal years); 15 (9) Federal-aid highway programs for which ob- 16 ligation authority was made available under the 17 Transportation Equity Act for the 21st Century 18 (112 Stat. 107) or subsequent Acts for multiple 19 years or to remain available until expended, but only 20 to the extent that the obligation authority has not 21 lapsed or been used; 22 (10) section 105 of title 23, United States Code 23 (as in effect for fiscal years 2005 through 2012, but 24 204 •HR 3684 EH only in an amount equal to $639,000,000 for each 1 of those fiscal years); 2 (11) section 1603 of SAFETEA–LU (23 3 U.S.C. 118 note; 119 Stat. 1248), to the extent that 4 funds obligated in accordance with that section were 5 not subject to a limitation on obligations at the time 6 at which the funds were initially made available for 7 obligation; 8 (12) section 119 of title 23, United States Code 9 (as in effect for fiscal years 2013 through 2015, but 10 only in an amount equal to $639,000,000 for each 11 of those fiscal years); 12 (13) section 119 of title 23, United States Code 13 (but, for fiscal years 2016 through 2022, only in an 14 amount equal to $639,000,000 for each of those fis- 15 cal years); 16 (14) section 203 of title 23, United States Code 17 (but, for fiscal years 2023 through 2026, only in an 18 amount equal to $550,000,000 for each of those fis- 19 cal years); and 20 (15) section 133(d)(1)(B) of title 23, United 21 States Code (but, for fiscal years 2023 through 22 2026, only in an amount equal to $89,000,000 for 23 each of those fiscal years). 24 205 •HR 3684 EH (c) DISTRIBUTION OF OBLIGATION AUTHORITY.— 1 Subject to paragraph (1)(B), for each of fiscal years 2023 2 through 2026, the Secretary of Transportation— 3 (1)(A) shall not distribute obligation authority 4 provided by subsection (a) for the fiscal year for— 5 (i) amounts authorized for administrative 6 expenses and programs by section 104(a) of 7 title 23, United States Code; 8 (ii) amounts authorized for the Bureau of 9 Transportation Statistics; 10 (iii) amounts authorized for the tribal 11 transportation program under section 202 of 12 title 23, United States Code; and 13 (iv) amounts authorized for the territorial 14 and Puerto Rico highway program under sec- 15 tion 165(a) of title 23, United States Code; and 16 (B) for each of fiscal years 2023 through 2026, 17 in addition to the amounts described in subpara- 18 graph (A), shall not distribute obligation authority 19 provided by subsection (a) for the fiscal year for 20 amounts authorized for the metro performance pro- 21 gram under section 1305 of this Act; 22 (2) shall not distribute an amount of obligation 23 authority provided by subsection (a) that is equal to 24 the unobligated balance of amounts— 25 206 •HR 3684 EH (A) made available from the Highway 1 Trust Fund (other than the Mass Transit Ac- 2 count) for Federal-aid highway and highway 3 safety construction programs for previous fiscal 4 years, the funds for which are allocated by the 5 Secretary (or apportioned by the Secretary 6 under section 202 or 204 of title 23, United 7 States Code); and 8 (B) for which obligation authority was pro- 9 vided in a previous fiscal year; 10 (3) shall determine the proportion that— 11 (A) the obligation authority provided by 12 subsection (a) for the fiscal year, less the aggre- 13 gate of amounts not distributed under para- 14 graphs (1) and (2) of this subsection; bears to 15 (B) the total of— 16 (i) the sums authorized to be appro- 17 priated for the Federal-aid highway and 18 highway safety construction programs, 19 other than sums authorized to be appro- 20 priated for— 21 (I) provisions of law described in 22 paragraphs (1) through (13) of sub- 23 section (b); 24 207 •HR 3684 EH (II) section 203 of title 23, 1 United States Code, equal to the 2 amount referred to in subsection 3 (b)(14) for the fiscal year; and 4 (III) section 133(d)(1)(B) of title 5 23, United States Code, equal to the 6 amount referred to in subsection 7 (b)(15) for the fiscal year; less 8 (ii) the aggregate of the amounts not 9 distributed under paragraphs (1) and (2) 10 of this subsection; 11 (4) shall distribute the obligation authority pro- 12 vided by subsection (a), less the aggregate amounts 13 not distributed under paragraphs (1) and (2), for 14 each of the programs (other than programs to which 15 paragraph (1) applies) that are allocated by the Sec- 16 retary under this Act and title 23, United States 17 Code, or apportioned by the Secretary under section 18 202 or 204 of such title, by multiplying— 19 (A) the proportion determined under para- 20 graph (3); by 21 (B) the amounts authorized to be appro- 22 priated for each such program for the fiscal 23 year; and 24 208 •HR 3684 EH (5) shall distribute the obligation authority pro- 1 vided by subsection (a), less the aggregate amounts 2 not distributed under paragraphs (1) and (2) and 3 the amounts distributed under paragraph (4), for 4 Federal-aid highway and highway safety construc- 5 tion programs that are apportioned by the Secretary 6 under title 23, United States Code (other than the 7 amounts apportioned for the surface transportation 8 program in section 133(d)(1)(B) of title 23, United 9 States Code, that are exempt from the limitation 10 under subsection (b)(15) and the amounts appor- 11 tioned under sections 202 and 204 of such title) in 12 the proportion that— 13 (A) amounts authorized to be appropriated 14 for the programs that are apportioned under 15 title 23, United States Code, to each State for 16 the fiscal year; bears to 17 (B) the total of the amounts authorized to 18 be appropriated for the programs that are ap- 19 portioned under title 23, United States Code, to 20 all States for the fiscal year. 21 (d) REDISTRIBUTION OF UNUSED OBLIGATION AU- 22 THORITY.—Notwithstanding subsection (c), the Secretary 23 of Transportation shall, after August 1 of each of fiscal 24 years 2023 through 2026— 25 209 •HR 3684 EH (1) revise a distribution of the obligation au- 1 thority made available under subsection (c) if an 2 amount distributed cannot be obligated during that 3 fiscal year; and 4 (2) redistribute sufficient amounts to those 5 States able to obligate amounts in addition to those 6 previously distributed during that fiscal year, giving 7 priority to those States having large unobligated bal- 8 ances of funds apportioned under section 104 of title 9 23, United States Code. 10 (e) SPECIAL LIMITATION.— 11 (1) IN GENERAL.—Except as provided in para- 12 graph (2), obligation limitations imposed by sub- 13 section (a) shall apply to contract authority for— 14 (A) transportation research programs car- 15 ried out under chapter 5 of title 23, United 16 States Code, and title V of this Act; and 17 (B) the metro performance program under 18 section 1305 of this Act. 19 (2) EXCEPTION.—Obligation authority made 20 available under paragraph (1) shall— 21 (A) remain available for a period of 4 fis- 22 cal years; and 23 (B) be in addition to the amount of any 24 limitation imposed on obligations for Federal- 25 210 •HR 3684 EH aid highway and highway safety construction 1 programs for future fiscal years. 2 (f) LOP-OFF.— 3 (1) IN GENERAL.—Not later than 30 days after 4 the date of distribution of obligation authority under 5 subsection (c) for each of fiscal years 2023 through 6 2026, the Secretary of Transportation shall dis- 7 tribute to the States any funds that— 8 (A) are authorized to be appropriated for 9 the fiscal year for Federal-aid highway pro- 10 grams; and 11 (B) the Secretary determines will not be 12 allocated to the States (or will not be appor- 13 tioned to the States under section 204 of title 14 23, United States Code), and will not be avail- 15 able for obligation, for the fiscal year because 16 of the imposition of any obligation limitation for 17 the fiscal year. 18 (2) RATIO.—Funds shall be distributed under 19 paragraph (1) in the same proportion as the dis- 20 tribution of obligation authority under subsection 21 (c)(5). 22 (3) AVAILABILITY.—Funds distributed to each 23 State under paragraph (1) shall be available for any 24 211 •HR 3684 EH purpose described in section 133(b) of title 23, 1 United States Code. 2 SEC. 1103. DEFINITIONS AND DECLARATION OF POLICY. 3 Section 101 of title 23, United States Code, is 4 amended— 5 (1) in subsection (a)— 6 (A) by redesignating paragraphs (1), (2), 7 (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), 8 (13), (14), (15), (16), (17), (18), (19), (20), 9 (21), (22), (23), (24), (25), (26), (27), (28), 10 (29), (30), (31), (32), (33), and (34) as para- 11 graphs (2), (4), (5), (7), (9), (11), (12), (13), 12 (14), (15), (17), (18), (19), (20), (21), (22), 13 (24), (25), (26), (27), (29), (30), (33), (34), 14 (35), (36), (37), (38), (39), (43), (44), (45), 15 (46), and (47), respectively; 16 (B) by inserting before paragraph (2), as 17 so redesignated, the following: 18 ‘‘(1) ADAPTATION.—The term ‘adaptation’ 19 means an adjustment in natural or human systems 20 in anticipation of, or in response to, a changing envi- 21 ronment in a way that moderates negative effects of 22 extreme events or climate change.’’; 23 (C) by inserting before paragraph (4), as 24 so redesignated, the following: 25 212 •HR 3684 EH ‘‘(3) AREAS OF PERSISTENT POVERTY.—The 1 term ‘areas of persistent poverty’ means— 2 ‘‘(A) any county that has had 20 percent 3 or more of the population of such county living 4 in poverty over the past 30 years, as measured 5 by the 1990 and 2000 decennial censuses and 6 the most recent Small Area Income and Poverty 7 Estimates; 8 ‘‘(B) any census tract with a poverty rate 9 of at least 20 percent, as measured by the most 10 recent 5-year data series available from the 11 American Community Survey of the Bureau of 12 the Census for all States and Puerto Rico; or 13 ‘‘(C) any other territory or possession of 14 the United States that has had 20 percent or 15 more of its population living in poverty over the 16 past 30 years, as measured by the 1990, 2000, 17 and 2010 decennial censuses, or equivalent 18 data, of the Bureau of the Census.’’. 19 (D) by inserting after paragraph (5), as so 20 redesignated, the following: 21 ‘‘(6) CLIMATE CHANGE.—The term ‘climate 22 change’ means any significant change in the meas- 23 ures of climate lasting for an extended period of 24 time, and may include major changes in tempera- 25 213 •HR 3684 EH ture, precipitation, wind patterns, or sea level, 1 among others, that occur over several decades or 2 longer.’’; 3 (E) in paragraph (7)(A), as so redesig- 4 nated, by inserting ‘‘assessing resilience,’’ after 5 ‘‘surveying,’’; 6 (F) by inserting after paragraph (7), as so 7 redesignated, the following: 8 ‘‘(8) CONTEXT SENSITIVE DESIGN PRIN- 9 CIPLES.—The term ‘context sensitive design prin- 10 ciples’ means principles for the design of a public 11 road that— 12 ‘‘(A) provides for the safe and adequate 13 accommodation, in all phases of project plan- 14 ning, design, and development, transportation 15 facilities for users, including pedestrians, 16 bicyclists, public transportation users, children, 17 older individuals, individuals with disabilities, 18 motorists, 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: 24 214 •HR 3684 EH ‘‘(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 10 eligible 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 14 so redesignated, the following: 15 ‘‘(16) GREENHOUSE GAS.—The term ‘green- 16 house 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 (22), 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- 24 215 •HR 3684 EH 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, en- 6 gineering, and construction to emulate or 7 act 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 pres- 11 ervation 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 in- 17 frastructure’ includes green infrastructure and 18 nature-based solutions.’’; 19 (J) by inserting after paragraph (27), as 20 so 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 25 216 •HR 3684 EH to increase resilience or mitigate the risk of re- 1 curring damage or the cost of future repairs 2 from climate change effects (including sea level 3 rise), flooding, and extreme events or other nat- 4 ural disasters (including wildfires, seismic activ- 5 ity, 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 lev- 11 els or away from slide prone areas; 12 ‘‘(iii) stabilizing slide areas, including 13 areas that are at risk of flooding, rock- 14 slides, and mudslides following a wildfire; 15 ‘‘(iv) stabilizing slopes; 16 ‘‘(v) lengthening or raising bridges to 17 increase waterway openings; 18 ‘‘(vi) increasing the size or number of 19 drainage structures; 20 ‘‘(vii) replacing culverts with bridges 21 or upsizing culverts; 22 ‘‘(viii) installing seismic retrofits on 23 bridges; 24 217 •HR 3684 EH ‘‘(ix) scour, stream stability, coastal, 1 and other hydraulic countermeasures; 2 ‘‘(x) the use of natural infrastructure; 3 ‘‘(xi) integration of the use of tradi- 4 tional and natural infrastructure features; 5 ‘‘(xii) undergrounding public utilities 6 in the course of other infrastructure im- 7 provements eligible under this title; and 8 ‘‘(xiii) permeable pavements for 9 stormwater management.’’; 10 (K) by inserting after paragraph (30), as 11 so redesignated, the following: 12 ‘‘(31) REPEATEDLY DAMAGED FACILITY.—The 13 term ‘repeatedly damaged facility’ means a road, 14 highway, or bridge that has required repair and re- 15 construction activities on 2 or more occasions due to 16 natural disasters or catastrophic failures resulting in 17 emergencies declared by the Governor of the State 18 in which the road, highway, or bridge is located or 19 emergencies or major disasters declared by the 20 President under the Robert T. Stafford Disaster Re- 21 lief and Emergency Assistance Act (42 U.S.C. 5121 22 et seq.). 23 ‘‘(32) RESILIENCE.— 24 218 •HR 3684 EH ‘‘(A) IN GENERAL.—The term ‘resilience’ 1 means, with respect to a facility, the ability 2 to— 3 ‘‘(i) anticipate, prepare for, or adapt 4 to conditions; or 5 ‘‘(ii) withstand, respond to, or recover 6 rapidly from disruptions. 7 ‘‘(B) INCLUSIONS.—Such term includes, 8 with respect to a facility, the ability to— 9 ‘‘(i) resist hazards or withstand im- 10 pacts from disruptions; 11 ‘‘(ii) reduce the magnitude, duration, 12 or impact of a disruption; or 13 ‘‘(iii) have the absorptive capacity, 14 adaptive capacity, and recoverability to de- 15 crease vulnerability to a disruption.’’; and 16 (L) by inserting after paragraph (39), as 17 so redesignated, the following: 18 ‘‘(40) TRANSPORTATION DEMAND MANAGE- 19 MENT; TDM.—The terms ‘transportation demand 20 management’ and ‘TDM’ mean the use of strategies 21 to inform and encourage travelers to maximize the 22 efficiency of a transportation system leading to im- 23 proved mobility, reduced congestion, and lower vehi- 24 cle emissions. 25 219 •HR 3684 EH ‘‘(41) TRANSPORTATION DEMAND MANAGE- 1 MENT STRATEGIES.—The term ‘transportation de- 2 mand management strategies’ means the use of 3 planning, programs, policy, marketing, communica- 4 tions, incentives, pricing, data, and technology to 5 shift travel mode, routes used, departure times, 6 number of trips, and location and design of work 7 spaces or public attractions. 8 ‘‘(42) TRANSPORTATION SYSTEM ACCESS.—The 9 term ‘transportation system access’ means the abil- 10 ity to travel by automobile, public transportation, 11 pedestrian, and bicycle networks, measured by travel 12 time, taking into consideration— 13 ‘‘(A) the impacts of the level of travel 14 stress for non-motorized users; 15 ‘‘(B) costs for low-income travelers; and 16 ‘‘(C) the extent to which transportation ac- 17 cess is impacted by zoning policies and land use 18 planning practices that effect the affordability, 19 elasticity, and diversity of the housing supply.’’; 20 and 21 (2) in subsection (b)— 22 (A) in paragraph (1) by striking ‘‘De- 23 fense,’’ and inserting ‘‘Defense Highways,’’; 24 (B) in paragraph (3)— 25 220 •HR 3684 EH (i) in subparagraph (A) by striking 1 ‘‘Century’’ and inserting ‘‘century’’; 2 (ii) in subparagraph (G) by striking ‘‘; 3 and’’ and inserting a semicolon; 4 (iii) in subparagraph (H) by striking 5 ‘‘Century.’’ and inserting ‘‘century;’’; and 6 (iv) by adding at the end the fol- 7 lowing: 8 ‘‘(I) safety is the highest priority of the 9 Department of Transportation, and the Sec- 10 retary and States should take all actions nec- 11 essary to meet the transportation needs of the 12 21st century for all road users; 13 ‘‘(J) climate change presents a significant 14 risk to safety, the economy, and national secu- 15 rity, and reducing the contributions of the 16 transportation system to the Nation’s total car- 17 bon pollution is critical; and 18 ‘‘(K) the Secretary and States should take 19 appropriate measures and ensure investments 20 to increase the resilience of the Nation’s trans- 21 portation system.’’; and 22 (C) in paragraph (4)(A) by inserting 23 ‘‘while ensuring that environmental protections 24 are maintained’’ after ‘‘review process’’. 25 221 •HR 3684 EH SEC. 1104. APPORTIONMENT. 1 (a) IN GENERAL.—Section 104 of title 23, United 2 States Code, is amended— 3 (1) in subsection (a)(1) by striking subpara- 4 graphs (A) through (E) and inserting the following: 5 ‘‘(A) $530,000,000 for fiscal year 2023; 6 ‘‘(B) $543,000,000 for fiscal year 2024; 7 ‘‘(C) $557,000,000 for fiscal year 2025; 8 and 9 ‘‘(D) $572,000,000 for fiscal year 2026.’’; 10 (2) by striking subsections (b) and (c) and in- 11 serting the following: 12 ‘‘(b) DIVISION AMONG PROGRAMS OF STATE’S 13 SHARE OF BASE APPORTIONMENT.—The Secretary shall 14 distribute the amount of the base apportionment appor- 15 tioned to a State for a fiscal year under subsection (c) 16 among the covered programs as follows: 17 ‘‘(1) NATIONAL HIGHWAY PERFORMANCE PRO- 18 GRAM.—For the national highway performance pro- 19 gram, 55.09 percent of the amount remaining after 20 distributing amounts under paragraphs (4), (6), (7), 21 and (10). 22 ‘‘(2) SURFACE TRANSPORTATION PROGRAM.— 23 For the surface transportation program, 28.43 per- 24 cent of the amount remaining after distributing 25 amounts under paragraphs (4), (6), (7), and (10). 26 222 •HR 3684 EH ‘‘(3) HIGHWAY SAFETY IMPROVEMENT PRO- 1 GRAM.—For the highway safety improvement pro- 2 gram, 6.19 percent of the amount remaining after 3 distributing amounts under paragraphs (4), (6), (7), 4 and (10). 5 ‘‘(4) CONGESTION MITIGATION AND AIR QUAL- 6 ITY IMPROVEMENT PROGRAM.— 7 ‘‘(A) IN GENERAL.—For the congestion 8 mitigation and air quality improvement pro- 9 gram, an amount determined for the State 10 under subparagraphs (B) and (C). 11 ‘‘(B) TOTAL AMOUNT.—The total amount 12 for the congestion mitigation and air quality 13 improvement program for all States shall be— 14 ‘‘(i) $2,913,925,833 for fiscal year 15 2023; 16 ‘‘(ii) $2,964,919,535 for fiscal year 17 2024; 18 ‘‘(iii) $3,024,217,926 for fiscal year 19 2025; and 20 ‘‘(iv) $3,078,653,849 for fiscal year 21 2026. 22 ‘‘(C) STATE SHARE.—For each fiscal year, 23 the Secretary shall distribute among the States 24 the amount for the congestion mitigation and 25 223 •HR 3684 EH air quality improvement program under sub- 1 paragraph (B) so that each State receives an 2 amount equal to the proportion that— 3 ‘‘(i) the amount apportioned to the 4 State for the congestion mitigation and air 5 quality improvement program for fiscal 6 year 2020; bears to 7 ‘‘(ii) the total amount of funds appor- 8 tioned to all States for such program for 9 fiscal year 2020. 10 ‘‘(5) NATIONAL HIGHWAY FREIGHT PRO- 11 GRAM.—For the national highway freight program, 12 3.38 percent of the amount remaining after distrib- 13 uting amounts under paragraphs (4), (6), (7), and 14 (10). 15 ‘‘(6) METROPOLITAN PLANNING.— 16 ‘‘(A) IN GENERAL.—For metropolitan 17 planning, an amount determined for the State 18 under subparagraphs (B) and (C). 19 ‘‘(B) TOTAL AMOUNT.—The total amount 20 for metropolitan planning for all States shall 21 be— 22 ‘‘(i) $507,500,000 for fiscal year 23 2023; 24 224 •HR 3684 EH ‘‘(ii) $516,381,250 for fiscal year 1 2024; 2 ‘‘(iii) $526,708,875 for fiscal year 3 2025; and 4 ‘‘(iv) $536,189,635 for fiscal year 5 2026. 6 ‘‘(C) STATE SHARE.—For each fiscal year, 7 the Secretary shall distribute among the States 8 the amount for metropolitan planning under 9 subparagraph (B) so that each State receives 10 an amount equal to the proportion that— 11 ‘‘(i) the amount apportioned to the 12 State for metropolitan planning for fiscal 13 year 2020; bears to 14 ‘‘(ii) the total amount of funds appor- 15 tioned to all States for metropolitan plan- 16 ning for fiscal year 2020. 17 ‘‘(7) RAILWAY CROSSINGS.— 18 ‘‘(A) IN GENERAL.—For the railway cross- 19 ings program, an amount determined for the 20 State under subparagraphs (B) and (C). 21 ‘‘(B) TOTAL AMOUNT.—The total amount 22 for the railway crossings program for all States 23 shall be $245,000,000 for each of fiscal years 24 2023 through 2026. 25 225 •HR 3684 EH ‘‘(C) STATE SHARE.— 1 ‘‘(i) IN GENERAL.—For each fiscal 2 year, the Secretary shall distribute among 3 the States the amount for the railway 4 crossings program under subparagraph (B) 5 as follows: 6 ‘‘(I) 50 percent of the amount for 7 a fiscal year shall be apportioned to 8 States by the formula set forth in sec- 9 tion 104(b)(3)(A) (as in effect on the 10 day before the date of enactment of 11 MAP–21). 12 ‘‘(II) 50 percent of the amount 13 for a fiscal year shall be apportioned 14 to States in the ratio that total public 15 railway-highway crossings in each 16 State bears to the total of such cross- 17 ings in all States. 18 ‘‘(ii) MINIMUM APPORTIONMENT.— 19 Notwithstanding clause (i), for each fiscal 20 year, each State shall receive a minimum 21 of one-half of 1 percent of the total 22 amount for the railway crossings program 23 for such fiscal year under subparagraph 24 (B). 25 226 •HR 3684 EH ‘‘(8) PREDISASTER MITIGATION PROGRAM.— 1 For the predisaster mitigation program, 2.96 per- 2 cent of the amount remaining after distributing 3 amounts under paragraphs (4), (6), (7), and (10). 4 ‘‘(9) CARBON POLLUTION REDUCTION PRO- 5 GRAM.—For the carbon pollution reduction program, 6 3.95 percent of the amount remaining after distrib- 7 uting amounts under paragraphs (4), (6), (7), and 8 (10). 9 ‘‘(10) CLEAN CORRIDORS.— 10 ‘‘(A) IN GENERAL.—For the clean cor- 11 ridors program, an amount determined for the 12 State under subparagraphs (B) and (C). 13 ‘‘(B) TOTAL AMOUNT.—The total amount 14 for the clean corridors program for all States 15 shall be $1,000,000,000 for each of fiscal years 16 2023 through 2026. 17 ‘‘(C) STATE SHARE.—For each fiscal year, 18 the Secretary shall distribute among the States 19 the total amount for the clean corridors pro- 20 gram under subparagraph (B) so that each 21 State receives the amount equal to the propor- 22 tion that— 23 227 •HR 3684 EH ‘‘(i) the total base apportionment de- 1 termined for the State under subsection 2 (c); bears to 3 ‘‘(ii) the total base apportionments for 4 all States under subsection (c). 5 ‘‘(c) CALCULATION OF AMOUNTS.— 6 ‘‘(1) STATE SHARE.—For each of fiscal years 7 2023 through 2026, the amount for each State shall 8 be determined as follows: 9 ‘‘(A) INITIAL AMOUNTS.—The initial 10 amounts for each State shall be determined by 11 multiplying— 12 ‘‘(i) each of— 13 ‘‘(I) the base apportionment; and 14 ‘‘(II) supplemental funds re- 15 served under subsection (h)(1) for the 16 highway safety improvement program; 17 by 18 ‘‘(ii) the share for each State, which 19 shall be equal to the proportion that— 20 ‘‘(I) the amount of apportion- 21 ments that the State received for fis- 22 cal year 2020; bears to 23 228 •HR 3684 EH ‘‘(II) the amount of those appor- 1 tionments received by all States for 2 fiscal year 2020. 3 ‘‘(B) ADJUSTMENTS TO AMOUNTS.—The 4 initial amounts resulting from the calculation 5 under subparagraph (A) shall be adjusted to 6 ensure that each State receives an aggregate 7 apportionment equal to at least 95 percent of 8 the estimated tax payments attributable to 9 highway users in the State paid into the High- 10 way Trust Fund (other than the Mass Transit 11 Account) in the most recent fiscal year for 12 which data are available. 13 ‘‘(2) STATE APPORTIONMENT.—On October 1 14 of fiscal years 2023 through 2026, the Secretary 15 shall apportion the sums authorized to be appro- 16 priated for expenditure on the covered programs in 17 accordance with paragraph (1).’’; 18 (3) in subsection (d)(1)(A)— 19 (A) in clause (i) by striking ‘‘paragraphs 20 (5)(D) and (6) of subsection (b)’’ and inserting 21 ‘‘subsection (b)(6)’’; and 22 (B) in clause (ii) by striking ‘‘paragraphs 23 (5)(D) and (6) of subsection (b)’’ and inserting 24 ‘‘subsection (b)(6)’’; and 25 229 •HR 3684 EH (4) by striking subsections (h) and (i) and in- 1 serting the following: 2 ‘‘(h) SUPPLEMENTAL FUNDS.— 3 ‘‘(1) AMOUNT.—Before making an apportion- 4 ment for a fiscal year under subsection (c), the Sec- 5 retary shall reserve for the highway safety improve- 6 ment program under section 148 $500,000,000 for 7 each of fiscal years 2023 through 2026 for the pur- 8 pose of the safe streets set-aside under section 9 148(m). 10 ‘‘(2) TREATMENT OF FUNDS.—Funds reserved 11 under paragraph (1) and apportioned to a State 12 under subsection (c) shall be treated as if appor- 13 tioned under subsection (b)(3), and shall be in addi- 14 tion to amounts apportioned under such subsection. 15 ‘‘(i) DEFINITIONS.—In this section: 16 ‘‘(1) BASE APPORTIONMENT.—The term ‘base 17 apportionment’ means— 18 ‘‘(A) the combined amount authorized for 19 the covered programs; minus 20 ‘‘(B) the supplemental funds reserved 21 under subsection (h) for the highway safety im- 22 provement program. 23 ‘‘(2) COVERED PROGRAMS.—The term ‘covered 24 programs’ means— 25 230 •HR 3684 EH ‘‘(A) the national highway performance 1 program under section 119; 2 ‘‘(B) the surface transportation program 3 under section 133; 4 ‘‘(C) the highway safety improvement pro- 5 gram under section 148; 6 ‘‘(D) the congestion mitigation and air 7 quality improvement program under section 8 149; 9 ‘‘(E) the national highway freight program 10 under section 167; 11 ‘‘(F) metropolitan planning under section 12 134; 13 ‘‘(G) the railway crossings program under 14 section 130; 15 ‘‘(H) the predisaster mitigation program 16 under section 124; 17 ‘‘(I) the carbon pollution reduction pro- 18 gram under section 171; and 19 ‘‘(J) the clean corridors program under 20 section 151.’’. 21 (b) FEDERAL SHARE PAYABLE.—Section 120(c)(3) 22 of title 23, United States Code, is amended— 23 (1) in subparagraph (A) by striking ‘‘(5)(D),’’; 24 and 25 231 •HR 3684 EH (2) in subparagraph (C)(i) by striking 1 ‘‘(5)(D),’’. 2 (c) METROPOLITAN TRANSPORTATION PLANNING; 3 TITLE 23.—Section 134(p) of title 23, United States 4 Code, is amended by striking ‘‘paragraphs (5)(D) and (6) 5 of section 104(b)’’ and inserting ‘‘section 104(b)(6)’’. 6 (d) STATEWIDE AND NONMETROPOLITAN TRANSPOR- 7 TATION PLANNING.—Section 135(i) of title 23, United 8 States Code, is amended by striking ‘‘paragraphs (5)(D) 9 and (6) of section 104(b)’’ and inserting ‘‘section 10 104(b)(6)’’. 11 (e) METROPOLITAN TRANSPORTATION PLANNING; 12 TITLE 49.—Section 5303(p) of title 49, United States 13 Code, is amended by striking ‘‘section 104(b)(5)’’ and in- 14 serting ‘‘section 104(b)(6)’’. 15 SEC. 1105. ADDITIONAL DEPOSITS INTO HIGHWAY TRUST 16 FUND. 17 Section 105 of title 23, United States Code, is 18 amended— 19 (1) in subsection (a) by striking ‘‘FAST Act’’ 20 and inserting ‘‘INVEST in America Act’’; 21 (2) in subsection (c)— 22 (A) in paragraph (1)(A) by striking ‘‘to be 23 appropriated’’ each place it appears; and 24 (B) by adding at the end the following: 25 232 •HR 3684 EH ‘‘(4) SPECIAL RULE.— 1 ‘‘(A) ADJUSTMENT.—In making an adjust- 2 ment under paragraph (1) for an allocation, 3 reservation, or set-aside from an amount au- 4 thorized from the Highway Account or Mass 5 Transit Account described in subparagraph (B), 6 the Secretary shall— 7 ‘‘(i) determine the ratio that— 8 ‘‘(I) the amount authorized to be 9 appropriated for the allocation, res- 10 ervation, or set-aside from the account 11 for the fiscal year; bears to 12 ‘‘(II) the total amount authorized 13 to be appropriated for such fiscal year 14 for all programs under such account; 15 ‘‘(ii) multiply the ratio determined 16 under clause (i) by the amount of the ad- 17 justment determined under subsection 18 (b)(1)(B); and 19 ‘‘(iii) adjust the amount that the Sec- 20 retary would have allocated for the alloca- 21 tion, reservation, or set-aside for such fis- 22 cal year but for this section by the amount 23 calculated under clause (ii). 24 233 •HR 3684 EH ‘‘(B) ALLOCATIONS, RESERVATIONS, AND 1 SET-ASIDES.—The allocations, reservations, and 2 set-asides described in this subparagraph are— 3 ‘‘(i) from the amount made available 4 for a fiscal year for the Federal lands 5 transportation program under section 203, 6 the amounts allocated for a fiscal year for 7 the National Park Service, the United 8 States Fish and Wildlife Service, the 9 United States Forest Service, the Corps of 10 Engineers, the Bureau of Land Manage- 11 ment, the Bureau of Reclamation, and 12 independent Federal agencies with natural 13 resource and land management responsibil- 14 ities; 15 ‘‘(ii) the amount made available for 16 the Puerto Rico highway program under 17 section 165(a)(1); 18 ‘‘(iii) the amount made available for 19 the territorial highway program under sec- 20 tion 165(a)(2); 21 ‘‘(iv) from the amounts made avail- 22 able for a fiscal year for the urbanized 23 areas formula grants under section 5307 24 of title 49, the amounts allocated for a fis- 25 234 •HR 3684 EH cal year for the passenger ferry grant pro- 1 gram under section 5307(h) of such title; 2 ‘‘(v) from the amounts made available 3 for a fiscal year for the formula grants for 4 rural areas under section 5311 of such 5 title, the amounts allocated for a fiscal 6 year for public transportation on Indian 7 reservations; 8 ‘‘(vi) from the amounts made avail- 9 able for a fiscal year for the public trans- 10 portation innovation program under sec- 11 tion 5312 of such title— 12 ‘‘(I) the amounts allocated for 13 the zero emission vehicle component 14 assessment under section 5312(h) of 15 such title; and 16 ‘‘(II) the amounts allocated for 17 the transit cooperative research pro- 18 gram under section 5312(i) of such 19 title; 20 ‘‘(vii) from the amounts made avail- 21 able for a fiscal year for the technical as- 22 sistance and workforce development pro- 23 gram of section 5314 of such title, the 24 amounts allocated for the national transit 25 235 •HR 3684 EH institute under section 5314(c) of such 1 title; 2 ‘‘(viii) from the amounts made avail- 3 able for a fiscal year for the bus and bus 4 facilities program under section 5339 of 5 such title, the amounts allocated for a fis- 6 cal year for the zero emission grants under 7 section 5339(c) of such title; 8 ‘‘(ix) the amounts made available for 9 growing States under section 5340(c) of 10 such title; and 11 ‘‘(x) the amounts made available for 12 high density states under section 5340(d) 13 of such title.’’; 14 (3) in subsection (d) by inserting ‘‘and section 15 5324 of title 49’’ after ‘‘section 125’’; 16 (4) in subsection (e)— 17 (A) by striking ‘‘There is authorized’’ and 18 inserting ‘‘For fiscal year 2023 and each fiscal 19 year thereafter, there is authorized’’; and 20 (B) by striking ‘‘for any of fiscal years 21 2017 through 2020’’; and 22 (5) in subsection (f)(1) by striking ‘‘section 23 1102 or 3018 of the FAST Act’’ and inserting ‘‘any 24 other provision of law’’. 25 236 •HR 3684 EH SEC. 1106. TRANSPARENCY. 1 (a) APPORTIONMENT.—Section 104 of title 23, 2 United States Code, is amended by striking subsection (g) 3 and inserting the following: 4 ‘‘(g) HIGHWAY TRUST FUND TRANSPARENCY AND 5 ACCOUNTABILITY REPORTS.— 6 ‘‘(1) REQUIREMENT.— 7 ‘‘(A) IN GENERAL.—The Secretary shall 8 compile data in accordance with this subsection 9 on the use of Federal-aid highway funds made 10 available under this title. 11 ‘‘(B) USER FRIENDLY DATA.—The data 12 compiled under subparagraph (A) shall be in a 13 user friendly format that can be searched, 14 downloaded, disaggregated, and filtered by data 15 category. 16 ‘‘(2) PROJECT DATA.— 17 ‘‘(A) IN GENERAL.—Not later than 120 18 days after the end of each fiscal year, the Sec- 19 retary shall make available on the website of 20 the Department of Transportation a report that 21 describes— 22 ‘‘(i) the location of each active project 23 within each State during such fiscal year, 24 including in which congressional district or 25 districts such project is located; 26 237 •HR 3684 EH ‘‘(ii) the total cost of such project; 1 ‘‘(iii) the amount of Federal funding 2 obligated for such project; 3 ‘‘(iv) the program or programs from 4 which Federal funds have been obligated 5 for such project; 6 ‘‘(v) whether such project is located in 7 an area of the State with a population of— 8 ‘‘(I) less than 5,000 individuals; 9 ‘‘(II) 5,000 or more individuals 10 but less than 50,000 individuals; 11 ‘‘(III) 50,000 or more individuals 12 but less than 200,001 individuals; or 13 ‘‘(IV) greater than 200,000 indi- 14 viduals; 15 ‘‘(vi) whether such project is located 16 in an area of persistent poverty; 17 ‘‘(vii) the type of improvement being 18 made by such project, including catego- 19 rizing such project as— 20 ‘‘(I) a road reconstruction 21 project; 22 ‘‘(II) a new road construction 23 project; 24 238 •HR 3684 EH ‘‘(III) a new bridge construction 1 project; 2 ‘‘(IV) a bridge rehabilitation 3 project; or 4 ‘‘(V) a bridge replacement 5 project; and 6 ‘‘(viii) the functional classification of 7 the roadway on which such project is lo- 8 cated. 9 ‘‘(B) INTERACTIVE MAP.—In addition to 10 the data made available under subparagraph 11 (A), the Secretary shall make available on the 12 website of the Department of Transportation an 13 interactive map that displays, for each active 14 project, the information described in clauses (i) 15 through (v) of subparagraph (A). 16 ‘‘(3) STATE DATA.— 17 ‘‘(A) APPORTIONED AND ALLOCATED PRO- 18 GRAMS.—The website described in paragraph 19 (2)(A) shall be updated annually to display the 20 Federal-aid highway funds apportioned and al- 21 located to each State under this title, includ- 22 ing— 23 ‘‘(i) the amount of funding available 24 for obligation by the State, including prior 25 239 •HR 3684 EH unobligated balances, at the start of the 1 fiscal year; 2 ‘‘(ii) the amount of funding obligated 3 by the State during such fiscal year; 4 ‘‘(iii) the amount of funding remain- 5 ing available for obligation by the State at 6 the end of such fiscal year; and 7 ‘‘(iv) changes in the obligated, unex- 8 pended balance for the State. 9 ‘‘(B) PROGRAMMATIC DATA.—The data de- 10 scribed in subparagraph (A) shall include— 11 ‘‘(i) the amount of funding by each 12 apportioned and allocated program for 13 which the State received funding under 14 this title; 15 ‘‘(ii) the amount of funding trans- 16 ferred between programs by the State dur- 17 ing the fiscal year using the authority pro- 18 vided under section 126; and 19 ‘‘(iii) the amount and program cat- 20 egory of Federal funds exchanged as de- 21 scribed in section 106(g)(6). 22 ‘‘(4) DEFINITIONS.—In this subsection: 23 ‘‘(A) ACTIVE PROJECT.— 24 240 •HR 3684 EH ‘‘(i) IN GENERAL.—The term ‘active 1 project’ means a Federal-aid highway 2 project using funds made available under 3 this title on which those funds were obli- 4 gated or expended during the fiscal year 5 for which the estimated total cost as of the 6 start of construction is greater than 7 $5,000,000. 8 ‘‘(ii) EXCLUSION.—The term ‘active 9 project’ does not include any project for 10 which funds are transferred to agencies 11 other than the Federal Highway Adminis- 12 tration. 13 ‘‘(B) INTERACTIVE MAP.—The term ‘inter- 14 active map’ means a map displayed on the pub- 15 lic website of the Department of Transportation 16 that allows a user to select and view informa- 17 tion for each active project, State, and congres- 18 sional district. 19 ‘‘(C) STATE.—The term ‘State’ means any 20 of the 50 States or the District of Columbia.’’. 21 (b) PROJECT APPROVAL AND OVERSIGHT.—Section 22 106 of title 23, United States Code, is amended— 23 (1) in subsection (g)— 24 241 •HR 3684 EH (A) in paragraph (4) by striking subpara- 1 graph (B) and inserting the following: 2 ‘‘(B) ASSISTANCE TO STATES.—The Sec- 3 retary shall— 4 ‘‘(i) develop criteria for States to use 5 to make the determination required under 6 subparagraph (A); and 7 ‘‘(ii) provide training, guidance, and 8 other assistance to States and subrecipi- 9 ents as needed to ensure that projects ad- 10 ministered by subrecipients comply with 11 the requirements of this title. 12 ‘‘(C) PERIODIC REVIEW.—The Secretary 13 shall review, not less frequently than every 2 14 years, the monitoring of subrecipients by the 15 States.’’; and 16 (B) by adding at the end the following: 17 ‘‘(6) FEDERAL FUNDING EXCHANGE PRO- 18 GRAMS.— 19 ‘‘(A) IN GENERAL.—If a State allows a 20 subrecipient to exchange Federal funds pro- 21 vided under this title that are allocated to such 22 subrecipient for State or local funds, the State 23 must certify to the Secretary that the State— 24 242 •HR 3684 EH ‘‘(i) has prevailing wage requirements 1 that are comparable to the requirements 2 under section 113 that apply to the use of 3 such State or local funds; and 4 ‘‘(ii) shall ensure that the prevailing 5 wage requirements described in clause (i) 6 apply to the use of such State or local 7 funds. 8 ‘‘(B) APPLICABILITY.—The requirements 9 of this paragraph shall apply only if the re- 10 quirements of section 113 would be applicable 11 to a covered project if such project was carried 12 out using Federal funds. 13 ‘‘(C) COVERED PROJECT DEFINED.—In 14 this paragraph, the term ‘covered project’ 15 means a project carried out with exchanged 16 State or local funds as described in subpara- 17 graph (A).’’; 18 (2) in subsection (h)(3)— 19 (A) in subparagraph (B) by striking ‘‘, as 20 determined by the Secretary,’’; and 21 (B) in subparagraph (D) by striking ‘‘shall 22 assess’’ and inserting ‘‘in the case of a project 23 proposed to be advanced as a public-private 24 partnership, shall include a detailed value for 25 243 •HR 3684 EH money analysis or comparable analysis to deter- 1 mine’’; and 2 (3) by adding at the end the following: 3 ‘‘(k) MEGAPROJECTS.— 4 ‘‘(1) COMPREHENSIVE RISK MANAGEMENT 5 PLAN.—To be authorized for the construction of a 6 megaproject, the recipient of Federal financial as- 7 sistance under this title for such megaproject shall 8 submit to the Secretary a comprehensive risk man- 9 agement plan that contains— 10 ‘‘(A) a description of the process by which 11 the recipient will identify, quantify, and monitor 12 the risks, including natural hazards, that might 13 result in cost overruns, project delays, reduced 14 construction quality, or reductions in benefits 15 with respect to the megaproject; 16 ‘‘(B) examples of mechanisms the recipient 17 will use to track risks identified pursuant to 18 subparagraph (A); 19 ‘‘(C) a plan to control such risks; and 20 ‘‘(D) such assurances as the Secretary de- 21 termines appropriate that the recipient shall, 22 with respect to the megaproject— 23 ‘‘(i) regularly submit to the Secretary 24 updated cost estimates; and 25 244 •HR 3684 EH ‘‘(ii) maintain and regularly reassess 1 financial reserves for addressing known 2 and unknown risks. 3 ‘‘(2) PEER REVIEW GROUP.— 4 ‘‘(A) IN GENERAL.—Not later than 90 5 days after the date on which a megaproject is 6 authorized for construction, the recipient of 7 Federal financial assistance under this title for 8 such megaproject shall establish a peer review 9 group for such megaproject that consists of at 10 least 5 individuals (including at least 1 indi- 11 vidual with project management experience) to 12 give expert advice on the scientific, technical, 13 and project management aspects of the 14 megaproject. 15 ‘‘(B) MEMBERSHIP.— 16 ‘‘(i) IN GENERAL.—Not later than 17 180 days after the date of enactment of 18 this subsection, the Secretary shall estab- 19 lish guidelines describing how a recipient 20 described in subparagraph (A) shall— 21 ‘‘(I) recruit and select members 22 for a peer review group established 23 under such subparagraph; and 24 245 •HR 3684 EH ‘‘(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 re- 15 view group and not later than 90 days 16 after the date of any significant change, as 17 determined by the Secretary, to the scope, 18 schedule, or budget of the megaproject, re- 19 view the 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 23 246 •HR 3684 EH ‘‘(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 9 under 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 14 shall publish on the website of the Department of 15 Transportation a copy of all letters of interest, pro- 16 posals, workplans, and reports related to the special 17 experimental project authority pursuant to section 18 502(b). The Secretary shall redact confidential busi- 19 ness information, as necessary, from any such infor- 20 mation 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 25 247 •HR 3684 EH 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 En- 9 vironment and Public Works of the Senate a report 10 that 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 17 AND ACCOUNTABILITY.— 18 ‘‘(1) IN GENERAL.—To ensure the account- 19 ability and oversight of the discretionary grant selec- 20 tion process administered by the Secretary, a cov- 21 ered program shall be subject to the requirements of 22 this section, in addition to the requirements applica- 23 ble to each covered program. 24 248 •HR 3684 EH ‘‘(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 6 considerations established for the applica- 7 ble covered program; 8 ‘‘(B) create a data driven process to evalu- 9 ate, as set forth in the covered program, each 10 eligible project for which an application is re- 11 ceived; 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 16 program. 17 ‘‘(3) NOTIFICATION OF CONGRESS.—Not less 18 than 15 days before making a grant for a covered 19 program, the Secretary shall notify, in writing, the 20 Committee on Transportation and Infrastructure of 21 the House of Representatives and the Committee on 22 the Environment and Public Works of the Senate 23 of— 24 249 •HR 3684 EH ‘‘(A) the amount for each project proposed 1 to be selected; 2 ‘‘(B) a description of the review process; 3 ‘‘(C) for each application, the determina- 4 tion made under paragraph (2)(C); and 5 ‘‘(D) a detailed explanation of the basis for 6 each award proposed to be selected. 7 ‘‘(4) NOTIFICATION OF APPLICANTS.—Not later 8 than 30 days after making a grant for a project 9 under a covered program, the Secretary shall send 10 to all applicants under such covered program, and 11 publish on the website of the Department of Trans- 12 portation— 13 ‘‘(A) a summary of each application made 14 to the covered program for the given round of 15 funding; and 16 ‘‘(B) the evaluation and justification for 17 the project selection, including all ratings, 18 rankings, scores, or similar metrics for applica- 19 tions made to the covered program for the given 20 round of funding during each phase of the 21 grant selection process. 22 ‘‘(5) BRIEFING.—The Secretary shall provide, 23 at the request of a grant applicant of a covered pro- 24 gram, the opportunity to receive a briefing to explain 25 250 •HR 3684 EH any reasons the grant applicant was not awarded a 1 grant. 2 ‘‘(6) TEMPLATE.—The Secretary shall, to the 3 extent practicable, develop a template as described 4 in paragraph (2)(A) for any discretionary program 5 administered by the Secretary that is not a covered 6 program. 7 ‘‘(7) COVERED PROGRAM DEFINED.—The term 8 ‘covered program’ means each of the following dis- 9 cretionary grant programs: 10 ‘‘(A) Community climate innovation grants 11 under section 172. 12 ‘‘(B) Federal lands and tribal major 13 projects grants under section 208. 14 ‘‘(C) Mobility through advanced tech- 15 nologies grants under section 503(c)(4). 16 ‘‘(D) Rebuild rural bridges program under 17 section 1307 of the INVEST in America Act. 18 ‘‘(E) Parking for commercial motor vehicle 19 grants under section 1308 of the INVEST in 20 America Act. 21 ‘‘(F) Active connected transportation 22 grants under section 1309 of the INVEST in 23 America Act. 24 251 •HR 3684 EH ‘‘(G) Wildlife crossings grants under sec- 1 tion 1310 of the INVEST in America Act. 2 ‘‘(H) Reconnecting neighborhoods capital 3 construction grants under section 1311(d) of 4 the INVEST in America Act.’’. 5 (c) DIVISION OFFICE CONSISTENCY.—Not later than 6 1 year after the date of enactment of this Act, the Comp- 7 troller General of the United States shall submit to Con- 8 gress a report that— 9 (1) analyzes the consistency of determinations 10 among division offices of the Federal Highway Ad- 11 ministration; and 12 (2) makes recommendations to improve the con- 13 sistency of such determinations. 14 (d) IMPROVING RISK BASED STEWARDSHIP AND 15 OVERSIGHT.—Not later than 180 days after the date of 16 enactment of this Act, the Administrator of the Federal 17 Highway Administration shall reference U.S. DOT Office 18 of Inspector General Report No. ST2020035 and take the 19 following actions, as necessary, to improve the risk based 20 stewardship and oversight of the Federal Highway Admin- 21 istration: 22 (1) Update and implement Federal Highway 23 Administration guidance for risk-based project in- 24 volvement to clarify the requirements for its project 25 252 •HR 3684 EH risk-assessment process, including expectations for 1 conducting and documenting the risk assessment 2 and criteria to guide the reevaluation of project 3 risks. 4 (2) Identify and notify division offices of the 5 Federal Highway Administration about sources of 6 information that can inform the project risk-assess- 7 ment process. 8 (3) Update and implement Federal Highway 9 Administration guidance for risk-based project in- 10 volvement to clarify how the link between elevated 11 risks and associated oversight activities, changes to 12 oversight actions, and the results of its risk-based 13 involvement should be documented in project over- 14 sight plans. 15 (4) Develop and implement a process to rou- 16 tinely monitor the implementation and evaluate the 17 effectiveness of Federal Highway Administration 18 risk-based project involvement. 19 SEC. 1107. COMPLETE AND CONTEXT SENSITIVE STREET 20 DESIGN. 21 (a) STANDARDS.—Section 109 of title 23, United 22 States Code, is amended— 23 (1) in subsection (a)— 24 253 •HR 3684 EH (A) in paragraph (1) by striking ‘‘planned 1 future traffic of the highway in a manner that 2 is conducive to’’ and inserting ‘‘future oper- 3 ational performance of the facility in a manner 4 that enhances’’; and 5 (B) in paragraph (2) by inserting ‘‘, taking 6 into consideration context sensitive design prin- 7 ciples’’ after ‘‘each locality’’; 8 (2) in subsection (b)— 9 (A) by striking ‘‘The geometric’’ and in- 10 serting ‘‘DESIGN CRITERIA FOR THE INTER- 11 STATE SYSTEM.—The geometric’’; and 12 (B) by striking ‘‘the types and volumes of 13 traffic anticipated for such project for the twen- 14 ty-year period commencing on the date of ap- 15 proval by the Secretary, under section 106 of 16 this title, of the plans, specifications, and esti- 17 mates for actual construction of such project’’ 18 and inserting ‘‘the existing and future oper- 19 ational performance of the facility’’; 20 (3) in subsection (c)(1)— 21 (A) in subparagraph (C) by striking ‘‘; 22 and’’ and inserting a semicolon; 23 (B) in subparagraph (D) by striking the 24 period and inserting ‘‘; and’’; and 25 254 •HR 3684 EH (C) by adding at the end the following: 1 ‘‘(E) context sensitive design principles.’’; 2 (4) by striking subsection (o) and inserting the 3 following: 4 ‘‘(o) COMPLIANCE WITH STATE LAWS FOR NON- 5 NHS PROJECTS.— 6 ‘‘(1) IN GENERAL.—Projects (other than high- 7 way projects on the National Highway System) 8 shall— 9 ‘‘(A) be designed, constructed, operated, 10 and maintained in accordance with State laws, 11 regulations, directives, safety standards, design 12 standards, and construction standards; and 13 ‘‘(B) take into consideration context sen- 14 sitive design principles. 15 ‘‘(2) DESIGN FLEXIBILITY.— 16 ‘‘(A) IN GENERAL.— 17 ‘‘(i) IN GENERAL.—A local jurisdic- 18 tion may select the most appropriate de- 19 sign publication for the roadway context in 20 which the local jurisdiction is located for 21 the design of a project on a roadway (other 22 than a highway on the National Highway 23 System) if— 24 255 •HR 3684 EH ‘‘(I) the local jurisdiction pro- 1 vides notification and justification of 2 the use of such design publication to 3 any State in which the project is lo- 4 cated; and 5 ‘‘(II) the design complies with all 6 other applicable Federal and State 7 laws. 8 ‘‘(ii) REVIEW.—If a State rejects a 9 local jurisdiction’s selection of a design 10 publication under this subparagraph, the 11 local jurisdiction may submit notification 12 and justification of such use to the Sec- 13 retary. The Secretary shall make a deter- 14 mination to approve or deny such submis- 15 sion not later than 90 days after receiving 16 such submission. 17 ‘‘(B) STATE-OWNED ROADS.—In the case 18 of a roadway under the ownership of the State, 19 the local jurisdiction may select the most appro- 20 priate design publication only with the concur- 21 rence of the State. 22 ‘‘(C) PROGRAMMATIC BASIS.—The Sec- 23 retary may consider the use of a design publica- 24 256 •HR 3684 EH tion under this paragraph on a programmatic 1 basis.’’; and 2 (5) by adding at the end the following: 3 ‘‘(s) CONTEXT SENSITIVE DESIGN.— 4 ‘‘(1) CONTEXT SENSITIVE DESIGN PRIN- 5 CIPLES.—The Secretary shall consult with State and 6 local officials prior to approving any roadway design 7 publications under this section to ensure that the de- 8 sign publications provide adequate flexibility for a 9 project sponsor to select the appropriate design of a 10 roadway, consistent with context sensitive design 11 principles. 12 ‘‘(2) POLICIES OR PROCEDURES.— 13 ‘‘(A) IN GENERAL.—Not later than 1 year 14 after the Secretary publishes the final guidance 15 described in paragraph (3), each State shall 16 adopt policies or procedures to evaluate the con- 17 text of a proposed roadway and select the ap- 18 propriate design, consistent with context sen- 19 sitive design principles. 20 ‘‘(B) LOCAL GOVERNMENTS.—The Sec- 21 retary and States shall encourage local govern- 22 ments to adopt policies or procedures described 23 under subparagraph (A). 24 257 •HR 3684 EH ‘‘(C) CONSIDERATIONS.—The policies or 1 procedures developed under this paragraph 2 shall take into consideration the guidance devel- 3 oped by the Secretary under paragraph (3). 4 ‘‘(3) GUIDANCE.— 5 ‘‘(A) IN GENERAL.— 6 ‘‘(i) NOTICE.—Not later than 1 year 7 after the date of enactment of this sub- 8 section, the Secretary shall publish guid- 9 ance on the official website of the Depart- 10 ment of Transportation on context sen- 11 sitive design. 12 ‘‘(ii) PUBLIC REVIEW AND COM- 13 MENT.—The guidance described in this 14 paragraph shall be finalized following an 15 opportunity for public review and com- 16 ment. 17 ‘‘(iii) UPDATE.—The Secretary shall 18 periodically update the guidance described 19 in this paragraph, including the model 20 policies or procedures described under sub- 21 paragraph (B)(v). 22 ‘‘(B) CONTENTS.—The guidance described 23 in this paragraph shall— 24 258 •HR 3684 EH ‘‘(i) provide best practices for States, 1 metropolitan planning organizations, re- 2 gional transportation planning organiza- 3 tions, local governments, or other project 4 sponsors to implement context sensitive de- 5 sign principles; 6 ‘‘(ii) identify opportunities to modify 7 planning, scoping, design, and development 8 procedures to more effectively combine 9 modes of transportation into integrated fa- 10 cilities that meet the needs of each of such 11 modes of transportation in an appropriate 12 balance; 13 ‘‘(iii) identify metrics to assess the 14 context of the facility, including sur- 15 rounding land use or roadside characteris- 16 tics; 17 ‘‘(iv) assess the expected operational 18 and safety performance of facility design; 19 and 20 ‘‘(v) establish model policies or proce- 21 dures, consistent with the findings of such 22 guidance, for a State or other project spon- 23 sor to evaluate the context of a proposed 24 259 •HR 3684 EH facility and select the appropriate facility 1 design for the context. 2 ‘‘(C) TOPICS OF EMPHASIS.—In addition 3 to the contents in subparagraph (B), the guid- 4 ance shall emphasize— 5 ‘‘(i) procedures for identifying the 6 needs of users of all ages and abilities of 7 a particular roadway; 8 ‘‘(ii) procedures for identifying the 9 types and designs of facilities needed to 10 serve various modes of transportation; 11 ‘‘(iii) safety and other benefits pro- 12 vided by carrying out context sensitive de- 13 sign principles; 14 ‘‘(iv) common barriers to carrying out 15 context sensitive design principles; 16 ‘‘(v) procedures for overcoming the 17 most common barriers to carrying out con- 18 text sensitive design principles; 19 ‘‘(vi) procedures for identifying the 20 costs associated with carrying out context 21 sensitive design principles; 22 ‘‘(vii) procedures for maximizing local 23 cooperation in the introduction of context 24 260 •HR 3684 EH sensitive design principles and carrying out 1 those principles; and 2 ‘‘(viii) procedures for assessing and 3 modifying the facilities and operational 4 characteristics of existing roadways to im- 5 prove consistency with context sensitive de- 6 sign principles. 7 ‘‘(4) FUNDING.—Amounts made available 8 under sections 104(b)(6) and 505 of this title may 9 be used for States, local governments, metropolitan 10 planning organizations, or regional transportation 11 planning organizations to adopt policies or proce- 12 dures to evaluate the context of a proposed roadway 13 and select the appropriate design, consistent with 14 context sensitive design principles.’’. 15 (b) CONFORMING AMENDMENT.—Section 1404(b) of 16 the FAST Act (23 U.S.C. 109 note) is repealed. 17 SEC. 1108. FEDERAL SHARE. 18 (a) IN GENERAL.—Section 120(c)(3)(B) of title 23, 19 United States Code, is amended— 20 (1) by striking clauses (i) and (ii) and inserting 21 the following: 22 ‘‘(i) prefabricated bridge elements and 23 systems, innovative materials, and other 24 technologies to reduce bridge construction 25 261 •HR 3684 EH time, extend service life, and reduce preser- 1 vation costs, as compared to conventionally 2 designed and constructed bridges; 3 ‘‘(ii) innovative construction equip- 4 ment, materials, techniques, or practices, 5 including the use of in-place recycling tech- 6 nology, digital 3-dimensional modeling 7 technologies, and advanced digital con- 8 struction management systems;’’; 9 (2) by redesignating clause (vi) as clause (ix); 10 (3) in clause (v) by striking ‘‘or’’ at the end; 11 and 12 (4) by inserting after clause (v) the following: 13 ‘‘(vi) innovative pavement materials 14 that demonstrate reductions in— 15 ‘‘(I) greenhouse gas emissions 16 through sequestration or innovative 17 manufacturing processes; or 18 ‘‘(II) local air pollution, 19 stormwater runoff, or noise pollution; 20 ‘‘(vii) innovative culvert materials that 21 are made with recycled content and dem- 22 onstrate reductions in greenhouse gas 23 emissions; 24 262 •HR 3684 EH ‘‘(viii) contractual provisions that pro- 1 vide safety contingency funds to incor- 2 porate safety enhancements to work zones 3 prior to or during roadway construction 4 and maintenance activities; or’’. 5 (b) ENVIRONMENTAL JUSTICE COMMUNITIES.—Sec- 6 tion 120(c) of title 23, United States Code, is amended 7 by adding at the end the following: 8 ‘‘(4) ENVIRONMENTAL JUSTICE COMMU- 9 NITIES.—The Federal share payable on account of a 10 project, program, or activity carried out with funds 11 apportioned under section 104(b)(5) may be in- 12 creased by up to 10 percent, up to 100 percent of 13 the total project cost of any such project, program, 14 or activity that the Secretary determines benefits an 15 environmental justice community through reducing 16 adverse environmental exposures that may dis- 17 proportionately impact such communities.’’. 18 (c) TECHNICAL AMENDMENT.—Section 107(a)(2) of 19 title 23, United States Code, is amended by striking ‘‘sub- 20 section (c) of’’. 21 SEC. 1109. TRANSFERABILITY OF FEDERAL-AID HIGHWAY 22 FUNDS. 23 Section 126(b) of title 23, United States Code, is 24 amended— 25 263 •HR 3684 EH (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 re- 8 spect to an apportionment under either paragraph 9 (4) or paragraph (9) of section 104(b), and notwith- 10 standing paragraph (1), a State may only transfer 11 not more than 50 percent from the amount of the 12 apportionment of either such paragraph to the ap- 13 portionment under the other such paragraph in a 14 fiscal year.’’. 15 SEC. 1110. TOLLING. 16 (a) TOLL ROADS, BRIDGES, TUNNELS, AND FER- 17 RIES.—Section 129 of title 23, United States Code, is 18 amended— 19 (1) in subsection (a)— 20 (A) by striking paragraph (1) and insert- 21 ing the following: 22 ‘‘(1) IN GENERAL.— 23 ‘‘(A) AUTHORIZATION.—Subject to the 24 provisions of this section, Federal participation 25 264 •HR 3684 EH shall be permitted on the same basis and in the 1 same manner as construction of toll-free high- 2 ways is permitted under this chapter in the— 3 ‘‘(i) initial construction of a toll high- 4 way, bridge, or tunnel or approach to the 5 highway, bridge, or tunnel; 6 ‘‘(ii) initial construction of 1 or more 7 lanes or other improvements that increase 8 capacity of a highway, bridge, or tunnel 9 (other than a highway on the Interstate 10 System) and conversion of that highway, 11 bridge, or tunnel to a tolled facility, if the 12 number of toll-free lanes, excluding auxil- 13 iary lanes, after the construction is not less 14 than the number of toll-free lanes, exclud- 15 ing auxiliary lanes, before the construction; 16 ‘‘(iii) initial construction of 1 or more 17 lanes or other improvements that increase 18 the capacity of a highway, bridge, or tun- 19 nel on the Interstate System and conver- 20 sion of that highway, bridge, or tunnel to 21 a tolled facility, if the number of toll-free 22 non-HOV lanes, excluding auxiliary lanes, 23 after such construction is not less than the 24 number of toll-free non-HOV lanes, exclud- 25 265 •HR 3684 EH ing auxiliary lanes, before such construc- 1 tion; 2 ‘‘(iv) reconstruction, resurfacing, res- 3 toration, rehabilitation, or replacement of a 4 toll highway, bridge, or tunnel or approach 5 to the highway, bridge, or tunnel; 6 ‘‘(v) reconstruction or replacement of 7 a toll-free bridge or tunnel and conversion 8 of the bridge or tunnel to a toll facility; 9 ‘‘(vi) reconstruction of a toll-free Fed- 10 eral-aid highway (other than a highway on 11 the Interstate System) and conversion of 12 the highway to a toll facility; 13 ‘‘(vii) reconstruction, restoration, or 14 rehabilitation of a highway on the Inter- 15 state System if the number of toll-free 16 non-HOV lanes, excluding auxiliary lanes, 17 after reconstruction, restoration, or reha- 18 bilitation is not less than the number of 19 toll-free non-HOV lanes, excluding auxil- 20 iary lanes, before reconstruction, restora- 21 tion, or rehabilitation; 22 ‘‘(viii) conversion of a high occupancy 23 vehicle lane on a highway, bridge, or tun- 24 266 •HR 3684 EH nel to a toll facility, subject to the require- 1 ments of section 166; and 2 ‘‘(ix) preliminary studies to determine 3 the feasibility of a toll facility for which 4 Federal participation is authorized under 5 this paragraph. 6 ‘‘(B) AGREEMENT TO TOLL.— 7 ‘‘(i) IN GENERAL.—Before the Sec- 8 retary may authorize tolling under this 9 subsection, the public authority with juris- 10 diction over or that operates a highway, 11 bridge, or tunnel shall enter into an agree- 12 ment with the Secretary to ensure compli- 13 ance with the requirements of this sub- 14 section. 15 ‘‘(ii) APPLICABILITY.— 16 ‘‘(I) IN GENERAL.—The require- 17 ments of this subparagraph shall 18 apply to— 19 ‘‘(aa) Federal participation 20 under subparagraph (A); 21 ‘‘(bb) any prior Federal par- 22 ticipation in the facility proposed 23 to be tolled; and 24 267 •HR 3684 EH ‘‘(cc) conversion, with or 1 without Federal participation, of 2 a non-tolled lane on the National 3 Highway System to a toll facility 4 under subparagraph (E). 5 ‘‘(II) HOV FACILITY.—Except as 6 otherwise provided in this subsection 7 or section 166, the provisions of this 8 paragraph shall not apply to a high 9 occupancy vehicle facility. 10 ‘‘(iii) MAJOR FEDERAL ACTION.—Ap- 11 proval by the Secretary of an agreement to 12 toll under this paragraph shall be consid- 13 ered a major Federal action under the Na- 14 tional Environmental Policy Act of 1969 15 (42 U.S.C. 4321 et seq.). 16 ‘‘(C) AGREEMENT CONDITIONS.—Prior to 17 entering into an agreement to toll under sub- 18 paragraph (B), the public authority shall certify 19 to the Secretary that— 20 ‘‘(i) the public authority has estab- 21 lished procedures to ensure the toll meets 22 the purposes and requirements of this sub- 23 section; 24 268 •HR 3684 EH ‘‘(ii) the toll facility shall provide for 1 access at no cost to public transportation 2 vehicles and over-the-road buses serving 3 the public; and 4 ‘‘(iii) the toll facility shall provide for 5 the regional interoperability of electronic 6 toll collection, including through tech- 7 nologies or business practices. 8 ‘‘(D) CONSIDERATION OF IMPACTS.— 9 ‘‘(i) IN GENERAL.—Prior to entering 10 into an agreement to toll under subpara- 11 graph (B), the Secretary shall ensure the 12 public authority has adequately considered, 13 including by providing an opportunity for 14 public comment, the following factors with- 15 in the corridor: 16 ‘‘(I) Congestion impacts on both 17 the toll facility and in the corridor or 18 cordon (including adjacent toll-free fa- 19 cilities). 20 ‘‘(II) In the case of a non-attain- 21 ment or maintenance area, air quality 22 impacts. 23 269 •HR 3684 EH ‘‘(III) Planned investments to 1 improve public transportation or other 2 non-tolled alternatives in the corridor. 3 ‘‘(IV) Environmental justice and 4 equity impacts. 5 ‘‘(V) Impacts on freight move- 6 ment. 7 ‘‘(VI) Economic impacts on busi- 8 nesses. 9 ‘‘(ii) CONSIDERATION IN ENVIRON- 10 MENTAL REVIEW.—Nothing in this sub- 11 paragraph shall limit a public authority 12 from meeting the requirements of this sub- 13 paragraph through the environmental re- 14 view process, as applicable. 15 ‘‘(E) CONGESTION PRICING.— 16 ‘‘(i) IN GENERAL.—The Secretary 17 may authorize conversion of a non-tolled 18 lane on the National Highway System to a 19 toll facility to utilize pricing to manage the 20 demand to use the toll facility by varying 21 the toll amount that is charged. 22 ‘‘(ii) REQUIREMENT.—Prior to enter- 23 ing into an agreement to convert a non- 24 tolled lane on the National Highway Sys- 25 270 •HR 3684 EH tem to a toll facility, the Secretary shall 1 ensure (in addition to the requirements 2 under subparagraphs (B), (C), and (D)) 3 that such toll facility and any planned in- 4 vestments to improve public transportation 5 or other non-tolled alternatives in the cor- 6 ridor are reasonably expected to improve 7 mobility and efficiency in the cordon or 8 corridor, as described in clauses (iii) and 9 (iv). 10 ‘‘(iii) PERFORMANCE MONITORING.— 11 A public authority that enters into an 12 agreement to convert a non-tolled lane to 13 a toll facility under this subparagraph 14 shall— 15 ‘‘(I) establish, monitor, and sup- 16 port a performance monitoring, eval- 17 uation, and reporting program— 18 ‘‘(aa) for the toll facility 19 that provides for continuous 20 monitoring, assessment, and re- 21 porting on the impacts that the 22 pricing structure may have on 23 the operation of the toll facility; 24 and 25 271 •HR 3684 EH ‘‘(bb) that considers the im- 1 pacts of congestion pricing of the 2 toll facility on the operation of 3 the corridor or cordon; 4 ‘‘(II) submit to the Secretary an- 5 nual reports of the impacts described 6 in subclause (I); and 7 ‘‘(III) if the toll facility becomes 8 degraded, as described in clause (iv), 9 submit to the Secretary an annual up- 10 date that describes the actions pro- 11 posed to bring the toll facility into 12 compliance and the progress made on 13 such actions. 14 ‘‘(iv) DETERMINATION.— 15 ‘‘(I) DEGRADED OPERATION.— 16 For purposes of clause (iii)(III), the 17 operation of a toll facility shall be 18 considered to be degraded if vehicles 19 operating on the toll facility are fail- 20 ing to maintain a minimum average 21 operating speed 90 percent of the 22 time over a consecutive 180-day pe- 23 riod during peak hour periods. 24 272 •HR 3684 EH ‘‘(II) CORRIDOR OR CORDON OP- 1 ERATION.—The public authority with 2 jurisdiction over or that operates the 3 toll facility shall consider options that 4 improve public transportation or other 5 non-tolled alternatives that improve 6 mobility and efficiency in the corridor 7 or cordon, including increased person 8 or freight throughput or reduced per- 9 son hours of delay. 10 ‘‘(III) DEFINITION OF MINIMUM 11 AVERAGE OPERATING SPEED.—In this 12 subparagraph, the term ‘minimum av- 13 erage operating speed’ means— 14 ‘‘(aa) 35 miles per hour, in 15 the case of a toll facility with a 16 speed limit of 45 miles per hour 17 or greater; or 18 ‘‘(bb) not more than 10 19 miles per hour below the speed 20 limit, in the case of a toll facility 21 with a speed limit of less than 50 22 miles per hour. 23 ‘‘(IV) EFFICIENT OPERATION.— 24 The Secretary may set efficiency and 25 273 •HR 3684 EH mobility performance standards as an 1 alternative to minimum operating 2 speed for a toll facility if determined 3 appropriate based on the context of 4 such toll facility. 5 ‘‘(v) MAINTENANCE OF OPERATING 6 PERFORMANCE.— 7 ‘‘(I) IN GENERAL.—Not later 8 than 180 days after the date on which 9 a toll facility becomes degraded under 10 clause (iv), the public authority with 11 jurisdiction over the toll facility shall 12 submit to the Secretary for approval a 13 plan that details the actions the public 14 authority will take to make significant 15 progress toward bringing the toll facil- 16 ity into compliance with this subpara- 17 graph. 18 ‘‘(II) NOTICE OF APPROVAL OR 19 DISAPPROVAL.—Not later than 60 20 days after the date of receipt of a 21 plan under subclause (I), the Sec- 22 retary shall provide to the public au- 23 thority a written notice indicating 24 whether the Secretary has approved 25 274 •HR 3684 EH or disapproved the plan based on a 1 determination of whether the imple- 2 mentation of the plan will make sig- 3 nificant progress toward bringing the 4 toll facility into compliance with this 5 subparagraph. 6 ‘‘(III) UPDATE.—Until the date 7 on which the Secretary determines 8 that the public authority has brought 9 the toll facility into compliance with 10 this subparagraph, the public author- 11 ity shall submit annual updates that 12 describe— 13 ‘‘(aa) the actions taken to 14 bring the toll facility into compli- 15 ance; 16 ‘‘(bb) any actions taken to 17 improve the operation of the cor- 18 ridor or cordon; and 19 ‘‘(cc) the progress made by 20 those actions. 21 ‘‘(vi) CONSULTATION OF MPO.—If a 22 toll facility authorized under this subpara- 23 graph is located on the National Highway 24 System and in a metropolitan planning 25 275 •HR 3684 EH area established in accordance with section 1 134, the public authority shall consult with 2 the metropolitan planning organization for 3 the area. 4 ‘‘(vii) INCLUSION.—For the purposes 5 of this paragraph, the corridor or cordon 6 shall include toll-free facilities that are ad- 7 jacent to the toll facility.’’; 8 (B) in paragraph (3)— 9 (i) in subparagraph (A)— 10 (I) in clause (iv) by striking 11 ‘‘and’’ at the end; and 12 (II) by striking clause (v) and in- 13 serting the following: 14 ‘‘(v) any project eligible under this 15 title or chapter 53 of title 49 that provides 16 an efficiency or mobility benefit in the cor- 17 ridor or cordon, including by increasing 18 person or freight throughput, increasing 19 public transportation service, or reducing 20 person hours of delay; 21 ‘‘(vi) toll or public transportation fare 22 discounts, subsidies, or rebates for users of 23 the toll facility or public transportation in 24 the corridor that have no reasonable alter- 25 276 •HR 3684 EH native transportation method to the toll fa- 1 cility or for whom the tolls or public trans- 2 portation fares create a financial hardship, 3 as determined by the public authority; and 4 ‘‘(vii) if the public authority certifies 5 annually that the tolled facility is being 6 adequately maintained and is not degraded 7 as described under paragraph (1)(E), any 8 revenues remaining after funding the ac- 9 tivities described in clauses (i) through (vi) 10 shall be considered surplus revenue and 11 may be used for any other purpose for 12 which Federal funds may be obligated by a 13 State under this title or chapter 53 of title 14 49.’’; and 15 (ii) by striking subparagraph (B) and 16 inserting the following: 17 ‘‘(B) TRANSPARENCY.— 18 ‘‘(i) ANNUAL AUDIT.— 19 ‘‘(I) IN GENERAL.—A public au- 20 thority with jurisdiction over a toll fa- 21 cility shall conduct or have an inde- 22 pendent auditor conduct an annual 23 audit of toll facility records to verify 24 adequate maintenance and compliance 25 277 •HR 3684 EH with subparagraph (A), and report the 1 results of the audits to the Secretary. 2 ‘‘(II) RECORDS.—On reasonable 3 notice, the public authority shall make 4 all records of the public authority per- 5 taining to the toll facility available for 6 audit by the Secretary. 7 ‘‘(ii) USE OF REVENUES.—A State or 8 public authority that obligates amounts 9 under clauses (v), (vi), or (vii) of subpara- 10 graph (A) shall annually report to the Sec- 11 retary a list of activities funded with such 12 amounts and the amount of funding pro- 13 vided for each such activity.’’; 14 (C) in paragraph (8) by striking ‘‘as of the 15 date of enactment of the MAP–21, before com- 16 mencing any activity authorized’’ and inserting 17 ‘‘, before commencing any activity authorized’’; 18 (D) in paragraph (9)— 19 (i) by striking ‘‘bus’’ and inserting 20 ‘‘vehicle’’; and 21 (ii) by striking ‘‘buses’’ and inserting 22 ‘‘vehicles’’; and 23 (E) by striking paragraph (10) and insert- 24 ing the following: 25 278 •HR 3684 EH ‘‘(10) INTEROPERABILITY OF ELECTRONIC 1 TOLL COLLECTION.— 2 ‘‘(A) IN GENERAL.—All toll facilities on 3 Federal-aid highways shall provide for the re- 4 gional interoperability of electronic toll collec- 5 tion, including through technologies or business 6 practices. 7 ‘‘(B) PROHIBITION ON RESTRICTION.—No 8 State, or any political subdivision thereof, shall 9 restrict the information that is shared across 10 public and private toll facility operators or their 11 agents or contractors for purposes of facili- 12 tating, operating, or maintaining electronic toll 13 collection programs. 14 ‘‘(11) NONCOMPLIANCE.—If the Secretary con- 15 cludes that a public authority has not complied with 16 the requirements of this subsection, the Secretary 17 may take such action as may be necessary to ensure 18 compliance with this section. 19 ‘‘(12) DEFINITIONS.—In this subsection, the 20 following definitions apply: 21 ‘‘(A) FEDERAL PARTICIPATION.—The term 22 ‘Federal participation’ means the use of funds 23 made available under this title. 24 279 •HR 3684 EH ‘‘(B) HIGH OCCUPANCY VEHICLE; HOV.— 1 The term ‘high occupancy vehicle’ or ‘HOV’ 2 means a vehicle with not fewer than 2 occu- 3 pants. 4 ‘‘(C) INITIAL CONSTRUCTION.— 5 ‘‘(i) IN GENERAL.—The term ‘initial 6 construction’ means the construction of a 7 highway, bridge, tunnel, or other facility at 8 any time before it is open to traffic. 9 ‘‘(ii) EXCLUSIONS.—The term ‘initial 10 construction’ does not include any improve- 11 ment to a highway, bridge, tunnel, or other 12 facility after it is open to traffic. 13 ‘‘(D) OVER-THE-ROAD BUS.—The term 14 ‘over-the-road bus’ has the meaning given the 15 term in section 301 of the Americans with Dis- 16 abilities Act of 1990 (42 U.S.C. 12181). 17 ‘‘(E) PUBLIC AUTHORITY.—The term 18 ‘public authority’ means a State, interstate 19 compact of States, or public entity designated 20 by a State. 21 ‘‘(F) PUBLIC TRANSPORTATION VEHI- 22 CLE.—The term ‘public transportation vehicle’ 23 has the meaning given that term in section 166. 24 280 •HR 3684 EH ‘‘(G) TOLL FACILITY.—The term ‘toll fa- 1 cility’ means the tolled lanes of a highway, 2 bridge, or tunnel or approach to the highway, 3 bridge, or tunnel constructed or authorized to 4 be tolled under this subsection.’’. 5 (b) REPEAL OF INTERSTATE SYSTEM RECONSTRUC- 6 TION AND REHABILITATION PILOT PROGRAM.—Section 7 1216 of the Transportation Equity Act for the 21st Cen- 8 tury (23 U.S.C. 129 note), and the item related to such 9 section in the table of contents in section 1(b) of such Act, 10 are repealed. 11 (c) VALUE PRICING PILOT PROGRAM.—Section 12 1012(b) of the Intermodal Surface Transportation Effi- 13 ciency Act of 1991 (23 U.S.C. 149 note) is amended by 14 adding at the end the following: 15 ‘‘(9) SUNSET.—The Secretary may not consider 16 an expression of interest submitted under this sec- 17 tion after the date of enactment of this paragraph.’’. 18 (d) SAVINGS CLAUSE.— 19 (1) APPLICATION OF LIMITATIONS.—Any toll 20 facility, including a high occupancy toll facility, de- 21 scribed in paragraph (2) shall be subject to the re- 22 quirements of sections 129(a) or 166 of title 23, 23 United States Code, as applicable, as in effect on the 24 day before the date of enactment of this Act. 25 281 •HR 3684 EH (2) TOLL FACILITIES.—A toll facility, including 1 a high occupancy toll facility, described in this sub- 2 section is a facility that, on the day prior to the date 3 of enactment of this Act, was— 4 (A) operating; 5 (B) in the planning and design phase; or 6 (C) in the construction phase. 7 (3) RULE OF CONSTRUCTION.—Nothing in this 8 subsection shall prohibit the Secretary, at the re- 9 quest of the public authority, from applying the re- 10 quirements of section 129(a) of title 23, United 11 States Code, as amended by this Act. 12 (e) REPORT.—Not later than 180 days after the date 13 of enactment of this Act, the Secretary of Transportation 14 shall submit to Congress a report on the implementation 15 of the interoperability of toll collection as required under 16 section 1512(b) of MAP–21, including an assessment of 17 the progress in, and barriers to, such implementation. 18 SEC. 1111. HOV FACILITIES. 19 Section 166 of title 23, United States Code, is 20 amended— 21 (1) in subsection (b)— 22 (A) in paragraph (4)(C)(iii) by striking 23 ‘‘transportation buses’’ and inserting ‘‘transpor- 24 tation vehicles’’; 25 282 •HR 3684 EH (B) in paragraph (5)(B) by striking 1 ‘‘2019’’ and inserting ‘‘2025’’; and 2 (C) by adding at the end the following: 3 ‘‘(6) EMERGENCY VEHICLES.—The public au- 4 thority may allow the following vehicles to use the 5 HOV facility if the authority establishes require- 6 ments for clearly identifying the vehicles: 7 ‘‘(A) An emergency vehicle that is respond- 8 ing to an existing emergency. 9 ‘‘(B) A blood transport vehicle that is 10 transporting blood between collection points and 11 hospitals or storage centers.’’. 12 (2) in subsection (d)(2)(A)(i) by striking ‘‘45 13 miles per hour, in the case of a HOV facility with 14 a speed limit of 50 miles per hour or greater’’ and 15 inserting ‘‘35 miles per hour, in the case of a HOV 16 facility with a speed limit of 45 miles per hour or 17 greater’’; 18 (3) in subsection (d)(2)(B) by striking ‘‘morn- 19 ing or evening weekday peak hour periods (or both)’’ 20 and inserting ‘‘peak hour periods’’; 21 (4) in subsection (e)— 22 (A) by striking ‘‘Not later than 180 days 23 after the date of enactment of this section, the 24 283 •HR 3684 EH Administrator’’ and inserting ‘‘The Adminis- 1 trator’’; 2 (B) in paragraph (1) by striking ‘‘and’’ at 3 the end; 4 (C) in paragraph (2) by striking the period 5 at the end and inserting ‘‘; and’’; and 6 (D) by adding at the end the following: 7 ‘‘(3) not later than 180 days after the date of 8 enactment of the INVEST in America Act, update 9 the requirements established under paragraph (1).’’; 10 and 11 (5) in subsection (f)— 12 (A) in paragraph (1)— 13 (i) by striking subparagraphs (C), 14 (D), and (F); and 15 (ii) by redesignating subparagraphs 16 (E), (G), (H), and (I) as subparagraphs 17 (C), (D), (E), and (F), respectively; and 18 (B) in paragraph (6)(B)(i) by striking 19 ‘‘public entity’’ and inserting ‘‘public transpor- 20 tation service that is a recipient or subrecipient 21 of funds under chapter 53 of title 49’’. 22 SEC. 1112. BUY AMERICA. 23 (a) IN GENERAL.—Section 313 of title 23, United 24 States Code, is amended— 25 284 •HR 3684 EH (1) in subsection (a)— 1 (A) by striking ‘‘Notwithstanding’’ and in- 2 serting ‘‘IN GENERAL.—Notwithstanding’’; 3 (B) by striking ‘‘Secretary of Transpor- 4 tation’’ and inserting ‘‘Secretary’’; 5 (C) by striking ‘‘the Surface Transpor- 6 tation Assistance Act of 1982 (96 Stat. 2097) 7 or’’; and 8 (D) by striking ‘‘and manufactured prod- 9 ucts’’ and inserting ‘‘manufactured products, 10 and construction materials’’; 11 (2) in subsection (b) by inserting ‘‘DETERMINA- 12 TION.—’’ before ‘‘The provisions’’; 13 (3) in subsection (c) by striking ‘‘For purposes’’ 14 and inserting ‘‘CALCULATION.—For purposes’’; 15 (4) in subsection (d)— 16 (A) by striking ‘‘The Secretary of Trans- 17 portation’’ and inserting ‘‘REQUIREMENTS.— 18 The Secretary’’; and 19 (B) by striking ‘‘the Surface Transpor- 20 tation Assistance Act of 1982 (96 Stat. 2097) 21 or’’; 22 (5) in subsection (g) by inserting ‘‘or within the 23 scope of the applicable finding, determination, or en- 24 vironmental review decision made pursuant to au- 25 285 •HR 3684 EH thority granted by the Secretary under section 330, 1 if applicable,’’ before ‘‘regardless of the’’; and 2 (6) by adding at the end the following: 3 ‘‘(h) WAIVER PROCEDURE.— 4 ‘‘(1) IN GENERAL.—Not later than 120 days 5 after the submission of a request for a waiver, the 6 Secretary shall make a determination under para- 7 graph (1) or (2) of subsection (b) as to whether sub- 8 section (a) shall apply. 9 ‘‘(2) PUBLIC NOTIFICATION AND COMMENT.— 10 ‘‘(A) IN GENERAL.—Not later than 30 11 days before making a determination regarding a 12 waiver described in paragraph (1), the Sec- 13 retary shall provide notification and an oppor- 14 tunity for public comment on the request for 15 such waiver. 16 ‘‘(B) NOTIFICATION REQUIREMENTS.—The 17 notification required under subparagraph (A) 18 shall— 19 ‘‘(i) describe whether the application 20 is being made for a determination de- 21 scribed in subsection (b)(1); and 22 ‘‘(ii) be provided to the public by elec- 23 tronic means, including on the public 24 286 •HR 3684 EH website of the Department of Transpor- 1 tation. 2 ‘‘(3) DETERMINATION.—Before a determination 3 described in paragraph (1) takes effect, the Sec- 4 retary shall publish a detailed justification for such 5 determination that addresses all public comments re- 6 ceived under paragraph (2)— 7 ‘‘(A) on the public website of the Depart- 8 ment of Transportation; and 9 ‘‘(B) if the Secretary issues a waiver with 10 respect to such determination, in the Federal 11 Register. 12 ‘‘(i) REVIEW OF NATIONWIDE WAIVERS.— 13 ‘‘(1) IN GENERAL.—Not later than 1 year after 14 the date of enactment of this subsection, and at 15 least every 5 years thereafter, the Secretary shall re- 16 view any standing nationwide waiver issued by the 17 Secretary under this section to ensure such waiver 18 remains justified. 19 ‘‘(2) PUBLIC NOTIFICATION AND OPPORTUNITY 20 FOR COMMENT.— 21 ‘‘(A) IN GENERAL.—Not later than 30 22 days before the completion of a review under 23 paragraph (1), the Secretary shall provide noti- 24 287 •HR 3684 EH fication and an opportunity for public comment 1 on such review. 2 ‘‘(B) MEANS OF NOTIFICATION.—Notifica- 3 tion provided under this subparagraph shall be 4 provided by electronic means, including on the 5 public website of the Department of Transpor- 6 tation. 7 ‘‘(3) DETAILED JUSTIFICATION IN FEDERAL 8 REGISTER.—After the completion of a review under 9 paragraph (1), the Secretary shall publish in the 10 Federal Register a detailed justification for the de- 11 termination made under paragraph (1) that address- 12 es all public comments received under paragraph 13 (2). 14 ‘‘(4) CONSIDERATION.—In conducting the re- 15 view under paragraph (1), the Secretary shall con- 16 sider the study on supply chains carried out under 17 section 1112(c) of the INVEST in America Act. 18 ‘‘(j) REPORT.—Not later than 120 days after the last 19 day of each fiscal year, the Secretary shall submit to the 20 Committee on Transportation and Infrastructure of the 21 House of Representatives, the Committee on Appropria- 22 tions of the House of Representatives, the Committee on 23 Environment and Public Works of the Senate, and the 24 Committee on Appropriations of the Senate a report on 25 288 •HR 3684 EH the waivers provided under subsection (h) during the pre- 1 vious fiscal year and the justifications for such waivers. 2 ‘‘(k) CONSTRUCTION MATERIALS DEFINED.—In this 3 section, the term ‘construction materials’ means primary 4 materials, except for iron and steel, that are commonly 5 used in highway construction, as determined by the Sec- 6 retary.’’. 7 (b) CONSTRUCTION MATERIALS.— 8 (1) ESTABLISHMENT OF REQUIREMENTS.— 9 (A) IN GENERAL.—The Secretary shall 10 issue such regulations as are necessary to im- 11 plement the amendment made by subsection 12 (a)(1)(D). Such regulations shall ensure the 13 continued availability of construction materials 14 to carry out projects under title 23, United 15 States Code. 16 (B) CONSIDERATIONS.—The regulations 17 issued pursuant to subparagraph (A) shall— 18 (i) ensure the continued availability of 19 construction materials to carry out projects 20 under title 23, United States Code; 21 (ii) include authority for the Secretary 22 to waive the applicability of the require- 23 ment under section 313(a) of title 23, 24 United States Code, to procure domestic 25 289 •HR 3684 EH construction materials if the study con- 1 ducted under subsection (c)(1) determines 2 that the domestic supply of construction 3 materials is insufficient to meet the de- 4 mand for activities covered under section 5 313 of title 23, United States Code; and 6 (iii) provide for efficient and timely— 7 (I) project delivery for project 8 sponsors; and 9 (II) administration for the Sec- 10 retary. 11 (C) FINAL RULE.—The regulations issued 12 pursuant to subparagraph (A) shall not be fi- 13 nalized until the study under subsection (c) has 14 been completed and considered by the Secretary 15 in the rulemaking process under such subpara- 16 graph. 17 (2) CONSIDERATIONS.—The requirements of 18 this section, and the amendments made by this sec- 19 tion— 20 (A) shall seek to maximize jobs located in 21 the United States; 22 (B) may establish domestic content re- 23 quirements that are less than 100 percent and 24 that increase over time, based on the current 25 290 •HR 3684 EH and expected future domestic availability of 1 construction materials; and 2 (C) shall take into consideration the study 3 conducted under subsection (c), including any 4 potential— 5 (i) disruption in the supply of con- 6 struction materials to any State or isolated 7 geographic region; and 8 (ii) impacts on the price of covered 9 items. 10 (3) APPLICABILITY.—The amendment made by 11 subsection (a)(1)(D) shall take effect beginning on 12 the date that the Secretary establishes the regula- 13 tions described under paragraph (1). 14 (c) STUDY ON SUPPLY CHAINS.— 15 (1) IN GENERAL.—The Secretary shall conduct 16 study on covered items that are commonly used or 17 acquired under title 23, United States Code, includ- 18 ing— 19 (A) construction materials; 20 (B) manufactured products; 21 (C) vehicles; and 22 (D) alternative fuel infrastructure and 23 electric vehicle supply equipment. 24 291 •HR 3684 EH (2) CONSIDERATIONS.—The study under para- 1 graph (1) shall consider— 2 (A) the current domestic availability of 3 covered items of sufficient and reasonably avail- 4 able quantity and of a satisfactory quality (in- 5 cluding any specific impacts in a State or iso- 6 lated geographic region, as applicable) nec- 7 essary to meet the demand for activities covered 8 under section 313 of title 23, United States 9 Code; 10 (B) the current supply chain for covered 11 items including the impacts of extracting, refin- 12 ing, manufacturing, and transporting domesti- 13 cally available covered items; 14 (C) anticipated impacts to the environ- 15 ment, public health, and safety from transpor- 16 tation of domestically available covered items; 17 (D) the estimated demand, in relation to 18 total domestic demand from all sources, for cov- 19 ered items from— 20 (i) procurement under the Federal-aid 21 highway program; 22 (ii) procurement under other pro- 23 grams administered by the Secretary of 24 Transportation; and 25 292 •HR 3684 EH (iii) other Federal procurement; and 1 (E) the delivery cost differential of domes- 2 tic covered items, as compared to non-domestic 3 alternatives, including any specific impacts in a 4 State or isolated geographic region, as applica- 5 ble. 6 (3) INSPECTOR GENERAL REVIEW.—Not later 7 than 120 days after the Secretary completes the 8 study in paragraph (1), the Inspector General of the 9 Department of Transportation shall— 10 (A) review the extent to which the study 11 under paragraph (1) addresses the consider- 12 ations under paragraph (2); and 13 (B) submit to the Committee on Transpor- 14 tation and Infrastructure of the House of Rep- 15 resentatives and Committee on Environment 16 and Public Works of the Senate a report on the 17 findings of the review under subparagraph (A). 18 (4) DOMESTIC SUPPLIERS.—As part of the re- 19 view under this paragraph, the Secretary may estab- 20 lish and maintain a list of known domestic suppliers 21 of covered items. 22 (5) DEFINITION OF COVERED ITEM.—For the 23 purposes of this section, the term ‘‘covered item’’ 24 means any material or product (except for iron and 25 293 •HR 3684 EH steel) subject to the requirements of section 313(a) 1 of title 23, United States Code, that is commonly 2 used in highway construction or procured under the 3 Federal-aid highway program. 4 (d) IRON AND STEEL.—Subsections (b) and (c), shall 5 not affect the requirements under section 6 635.410(b)(1)(ii) of title 23, Code of Federal Regulations, 7 with respect to iron and steel. 8 (e) CONSTRUCTION MATERIALS DEFINED.—In this 9 section, the term ‘‘construction materials’’ has the mean- 10 ing given such term in section 313 of title 23, United 11 States Code. 12 (f) SAFETEA–LU TECHNICAL CORRECTIONS ACT 13 OF 2008.—Section 117 of the SAFETEA–LU Technical 14 Corrections Act of 2008 (23 U.S.C. 313 note) is repealed. 15 SEC. 1113. FEDERAL-AID HIGHWAY PROJECT REQUIRE- 16 MENTS. 17 (a) IN GENERAL.—Section 113 of title 23, United 18 States Code, is amended— 19 (1) by striking subsections (a) and (b) and in- 20 serting the following: 21 ‘‘(a) IN GENERAL.—The Secretary shall take such 22 action as may be necessary to ensure that all laborers and 23 mechanics employed by contractors or subcontractors on 24 construction work performed on projects financed or oth- 25 294 •HR 3684 EH erwise assisted in whole or in part by a loan, loan guar- 1 antee, grant, credit enhancement, or any other form of 2 Federal assistance administered by the Secretary or the 3 Department, including programs to capitalize revolving 4 loan funds and subsequent financing cycles under such 5 funds, shall be paid wages at rates not less than those 6 prevailing on projects of a character similar in the locality, 7 as determined by the Secretary of Labor in accordance 8 with subchapter IV of chapter 31 of title 40. With respect 9 to the labor standards specified in this section, the Sec- 10 retary of Labor shall have the authority and functions set 11 forth in Reorganization Plan Numbered 14 of 1950 (64 12 Stat. 1267) and section 3145 of title 40.’’; 13 (2) by redesignating subsection (c) as sub- 14 section (b); and 15 (3) in subsection (b), as so redesignated, by in- 16 serting ‘‘APPRENTICESHIP AND SKILL TRAINING 17 PROGRAMS.—’’ before ‘‘The provisions’’. 18 (b) CONFORMING AMENDMENTS.— 19 (1) Section 133 of title 23, United States Code, 20 is amended by striking subsection (i). 21 (2) Section 167 of title 23, United States Code, 22 is amended by striking subsection (l). 23 (3) Section 1401 of the MAP–21 (23 U.S.C. 24 137 note) is amended by striking subsection (e). 25 295 •HR 3684 EH SEC. 1114. STATE ASSUMPTION OF RESPONSIBILITY FOR 1 CATEGORICAL EXCLUSIONS. 2 Section 326(c)(3) of title 23, United States Code, is 3 amended— 4 (1) by striking subparagraph (A) and inserting 5 the following: 6 ‘‘(A) except as provided under subpara- 7 graph (C), have a term of not more than 3 8 years;’’; 9 (2) in subparagraph (B) by striking the period 10 at the end and inserting ‘‘; and’’; and 11 (3) by adding at the end the following: 12 ‘‘(C) for any State that has assumed the 13 responsibility for categorical exclusions under 14 this section for at least 10 years, have a term 15 of 5 years.’’. 16 SEC. 1115. SURFACE TRANSPORTATION PROJECT DELIV- 17 ERY PROGRAM WRITTEN AGREEMENTS. 18 Section 327 of title 23, United States Code, is 19 amended— 20 (1) in subsection (a)(2)(G) by inserting ‘‘, in- 21 cluding the payment of fees awarded under section 22 2412 of title 28’’ after ‘‘with the project’’. 23 (2) in subsection (c)— 24 (A) by striking paragraph (5) and insert- 25 ing the following: 26 296 •HR 3684 EH ‘‘(5) except as provided under paragraph (7), 1 have a term of not more than 5 years;’’; 2 (B) in paragraph (6) by striking the period 3 at the end and inserting ‘‘; and’’; and 4 (C) by adding at the end the following: 5 ‘‘(7) for any State that has participated in a 6 program under this section (or under a predecessor 7 program) for at least 10 years, have a term of 10 8 years.’’; 9 (3) in subsection (g)(1)— 10 (A) in subparagraph (C) by striking ‘‘an- 11 nual’’; 12 (B) in subparagraph (B) by striking ‘‘and’’ 13 at the end; 14 (C) by redesignating subparagraph (C) as 15 subparagraph (D); and 16 (D) by inserting after subparagraph (B) 17 the following: 18 ‘‘(C) in the case of an agreement period of 19 greater than 5 years under subsection (c)(7), 20 conduct an audit covering the first 5 years of 21 the agreement period; and’’; and 22 (4) by adding at the end the following: 23 ‘‘(m) AGENCY DEEMED TO BE FEDERAL AGENCY.— 24 A State agency that is assigned a responsibility under an 25 297 •HR 3684 EH agreement under this section shall be deemed to be an 1 agency of the United States for the purposes of section 2 2412 of title 28.’’. 3 SEC. 1116. CORROSION PREVENTION FOR BRIDGES. 4 (a) DEFINITIONS.—In this section: 5 (1) APPLICABLE BRIDGE PROJECTS.—The term 6 ‘‘applicable bridge projects’’ means a project for con- 7 struction, replacement, rehabilitation, preservation, 8 or protection, other than de minimis work, as deter- 9 mined by the applicable State department of trans- 10 portation, on a bridge project that receives financial 11 assistance under title 23, United States Code. 12 (2) CERTIFIED CONTRACTOR.—The term ‘‘cer- 13 tified contractor’’ means a contracting or subcon- 14 tracting firm that has been certified by an industry- 15 wide recognized third party organization that evalu- 16 ates the capability of the contractor or subcontractor 17 to properly perform 1 or more specified aspects of 18 applicable bridge projects described in subsection 19 (b)(2). 20 (3) QUALIFIED TRAINING PROGRAM.—The term 21 ‘‘qualified training program’’ means a training pro- 22 gram in corrosion control, mitigation, and prevention 23 that is either— 24 298 •HR 3684 EH (A) offered or accredited by an organiza- 1 tion that sets industry corrosion standards; or 2 (B) an industrial coatings applicator train- 3 ing program registered under the Act of August 4 16, 1937 (29 U.S.C. 50 et seq.; commonly 5 known as the ‘‘National Apprenticeship Act’’) 6 that meets the standards of subpart A of part 7 29 and part 30 of title 29, Code of Federal 8 Regulations. 9 (b) APPLICABLE BRIDGE PROJECTS.— 10 (1) QUALITY CONTROL.—A certified contractor 11 shall carry out aspects of an applicable bridge 12 project described in paragraph (2). 13 (2) ASPECTS OF APPLICABLE BRIDGE 14 PROJECTS.—Aspects of an applicable bridge project 15 referred to in paragraph (1) shall include— 16 (A) surface preparation or coating applica- 17 tion on steel or rebar of an applicable bridge 18 project; 19 (B) removal of a lead-based or other haz- 20 ardous coating from steel of an existing applica- 21 ble bridge project; and 22 (C) shop painting of structural steel or 23 rebar fabricated for installation on an applica- 24 ble bridge project. 25 299 •HR 3684 EH (3) CORROSION MANAGEMENT SYSTEM.—In 1 carrying out an applicable bridge project, a State de- 2 partment of transportation shall— 3 (A) implement a corrosion management 4 system that utilizes industry-recognized stand- 5 ards and corrosion mitigation and prevention 6 methods to address— 7 (i) surface preparation; 8 (ii) protective coatings; 9 (iii) materials selection; 10 (iv) cathodic protection; 11 (v) corrosion engineering; 12 (vi) personnel training; and 13 (vii) best practices in environmental 14 protection to prevent environmental deg- 15 radation and uphold public health. 16 (B) require certified contractors, for the 17 purpose of carrying out aspects of applicable 18 bridge projects described in paragraph (2), to 19 employ a substantial number of individuals that 20 are trained and certified by a qualified training 21 program as meeting the ANSI/NACE Number 22 13/SSPC–ACS–1 standard or future versions of 23 this standard. 24 300 •HR 3684 EH (4) CERTIFICATION.—The applicable State de- 1 partment of transportation shall only accept bids for 2 projects that include aspects of applicable bridge 3 projects described in paragraph (2) from a certified 4 contractor that presents written proof that the cer- 5 tification of such contractor meets the relevant 6 SSPC–QP standards or future versions of these 7 standards. 8 (c) TRAINING PROGRAM.—As a condition of entering 9 into a contract for an applicable bridge project, each cer- 10 tified contractor shall provide training for each individual 11 who is not a certified coating applicator but that the cer- 12 tified contractor employs to carry out aspects of applicable 13 bridge projects as described in subsection (b)(2). 14 SEC. 1117. SENSE OF CONGRESS. 15 It is the sense of Congress that— 16 (1) States should utilize life-cycle cost analysis 17 to evaluate the total economic cost of a transpor- 18 tation project over its expected lifetime; and 19 (2) data indicating that future repair costs as- 20 sociated with a transportation project frequently 21 total more than half of the initial cost of the project, 22 and that conducting life-cycle cost analysis prior to 23 construction will help States identify the most cost- 24 effective option, improve their economic perform- 25 301 •HR 3684 EH ance, and lower the total cost of building and main- 1 taining the project. 2 SEC. 1118. ACCOMMODATION OF CERTAIN FACILITIES IN 3 RIGHT-OF-WAY. 4 (a) IN GENERAL.—Notwithstanding chapter 1 of title 5 23, United States Code, electric vehicle charging infra- 6 structure, renewable energy generation facilities, electrical 7 transmission and distribution infrastructure, and 8 broadband infrastructure and conduit shall be treated as 9 a facility covered under part 645 of title 23, Code of Fed- 10 eral Regulations (or successor regulations), for purposes 11 of being accommodated under section 109(l) of title 23, 12 United States Code. 13 (b) STATE APPROVAL.—A State, on behalf of the 14 Secretary of Transportation, may approve the accommo- 15 dation of the infrastructure and facilities described in sub- 16 section (a) within any right-of-way on a Federal-aid high- 17 way pursuant to section 109(l) of title 23, United States 18 Code. 19 SEC. 1119. FEDERAL GRANTS FOR PEDESTRIAN AND BIKE 20 SAFETY IMPROVEMENTS. 21 (a) IN GENERAL.—Notwithstanding any provision of 22 title 23, United States Code, or any regulation issued by 23 the Secretary of Transportation, section 129(a)(3) of such 24 title shall not apply to a covered public authority that re- 25 302 •HR 3684 EH ceives funding under such title for pedestrian and bike 1 safety improvements. 2 (b) NO TOLL.—A covered public authority may not 3 charge a toll, fee, or other levy for use of such improve- 4 ments. 5 (c) EFFECTIVE DATE.—A covered public authority 6 shall be eligible for the exemption under subsection (a) 7 for 10 years after the date of enactment of this Act. Any 8 such exemption granted shall remain in effect after the 9 effective date described in this section. 10 (d) DEFINITIONS.—In this section, the following defi- 11 nitions apply: 12 (1) COVERED PUBLIC AUTHORITY.—The term 13 ‘‘covered public authority’’ means a public authority 14 with jurisdiction over a toll facility located within 15 both— 16 (A) a National Scenic Area; and 17 (B) the National Trail System. 18 (2) NATIONAL SCENIC AREA.—The term ‘‘Na- 19 tional Scenic Area’’ means an area of the National 20 Forest System federally designated as a National 21 Scenic Area in recognition of the outstanding nat- 22 ural, scenic, and recreational values of the area. 23 (3) NATIONAL TRAIL SYSTEM.—The term ‘‘Na- 24 tional Trail System’’ means an area described in sec- 25 303 •HR 3684 EH tion 3 of the National Trails System Act (16 U.S.C. 1 1242). 2 (4) PUBLIC AUTHORITY; TOLL FACILITY.—The 3 terms ‘‘public authority’’ and ‘‘toll facility’’ have the 4 meanings such terms would have if such terms were 5 included in chapter 1 of title 23, United States 6 Code. 7 SEC. 1120. INCREASED FEDERAL SHARE. 8 Section 120(c) of title 23, United States Code, is 9 amended by adding at the end the following: 10 ‘‘(4) AREAS OF PERSISTENT POVERTY.—The 11 Federal share payable on account of a project, pro- 12 gram, or activity carried out in an area of persistent 13 poverty with funds apportioned under section 104(b) 14 may be increased by up to 5 percent, up to 100 per- 15 cent of the total project cost of any such project, 16 program, or activity.’’. 17 Subtitle B—Programmatic 18 Infrastructure Investment 19 SEC. 1201. NATIONAL HIGHWAY PERFORMANCE PROGRAM. 20 Section 119 of title 23, United States Code, is 21 amended— 22 (1) by striking subsection (b) and inserting the 23 following: 24 304 •HR 3684 EH ‘‘(b) PURPOSES.—The purposes of the national high- 1 way performance program shall be— 2 ‘‘(1) to provide support for the condition and 3 performance of the National Highway System, con- 4 sistent with the asset management plans of States; 5 ‘‘(2) to support progress toward the achieve- 6 ment of performance targets of States established 7 under section 150; 8 ‘‘(3) to increase the resilience of Federal-aid 9 highways and bridges; and 10 ‘‘(4) to provide support for the construction of 11 new facilities on the National Highway System, con- 12 sistent with subsection (d)(3).’’; 13 (2) in subsection (d)— 14 (A) in paragraph (1)(A) by striking ‘‘or 15 freight movement on the National Highway 16 System’’ and inserting ‘‘freight movement, envi- 17 ronmental sustainability, transportation system 18 access, or combating climate change’’; 19 (B) in paragraph (1)(B) by striking ‘‘and’’ 20 at the end; 21 (C) in paragraph (2)— 22 (i) in subparagraph (G)— 23 (I) in clause (i) by inserting 24 ‘‘and’’ at the end; 25 305 •HR 3684 EH (II) in clause (ii) by striking ‘‘; 1 and’’ and inserting a period; and 2 (III) by striking clause (iii); 3 (ii) in subparagraph (I) by inserting 4 ‘‘, including the installation of safety bar- 5 riers and nets on bridges on the National 6 Highway System’’ after ‘‘National High- 7 way System’’; and 8 (iii) by adding at the end the fol- 9 lowing: 10 ‘‘(Q) Projects on or off the National High- 11 way System to reduce greenhouse gas emissions 12 that are eligible under section 171, including 13 the installation of electric vehicle charging in- 14 frastructure. 15 ‘‘(R) Projects on or off the National High- 16 way System to enhance resilience of a transpor- 17 tation facility eligible under section 124, includ- 18 ing protective features and natural infrastruc- 19 ture. 20 ‘‘(S) Projects and strategies to reduce ve- 21 hicle-caused wildlife mortality related to, or to 22 restore and maintain connectivity among terres- 23 trial or aquatic habitats affected by, a transpor- 24 306 •HR 3684 EH tation facility eligible for assistance under this 1 section. 2 ‘‘(T) Projects on or off the National High- 3 way System to improve an evacuation route eli- 4 gible under section 124(b)(1)(C). 5 ‘‘(U) The removal, retrofit, repurposing, 6 remediation, or replacement of a highway on 7 the National Highway System that creates a 8 barrier to community connectivity to improve 9 access for multiple modes of transportation.’’; 10 and 11 (D) by adding at the end the following: 12 ‘‘(3) a project that is otherwise eligible under 13 this subsection to construct new capacity for single 14 occupancy passenger vehicles only if the State— 15 ‘‘(A) has demonstrated progress in achiev- 16 ing a state of good repair, as defined in the 17 State’s asset management plan, on the National 18 Highway System; 19 ‘‘(B) demonstrates that the project— 20 ‘‘(i) supports the achievement of per- 21 formance targets of the State established 22 under section 150; and 23 ‘‘(ii) is more cost effective, as deter- 24 mined by benefit-cost analysis, than— 25 307 •HR 3684 EH ‘‘(I) an operational improvement 1 to the facility or corridor; 2 ‘‘(II) the construction of a public 3 transportation project eligible for as- 4 sistance under chapter 53 of title 49; 5 or 6 ‘‘(III) the construction of a non- 7 single occupancy passenger vehicle 8 project that improves freight move- 9 ment; and 10 ‘‘(C) has a public plan for maintaining and 11 operating the new asset while continuing its 12 progress in achieving a state of good repair 13 under subparagraph (A).’’; 14 (3) in subsection (e)— 15 (A) in the heading by inserting ‘‘ASSET 16 AND’’ after ‘‘STATE’’; 17 (B) in paragraph (4)(D) by striking ‘‘anal- 18 ysis’’ and inserting ‘‘analyses, both of which 19 shall take into consideration climate change ad- 20 aptation and resilience’’; and 21 (C) in paragraph (8) by striking ‘‘Not later 22 than 18 months after the date of enactment of 23 the MAP–21, the Secretary’’ and inserting 24 ‘‘The Secretary’’; and 25 308 •HR 3684 EH (4) by adding at the end the following: 1 ‘‘(k) BENEFIT-COST ANALYSIS.—In carrying out 2 subsection (d)(3)(B)(ii), the Secretary shall establish a 3 process for analyzing the cost and benefits of projects 4 under such subsection, ensuring that— 5 ‘‘(1) the benefit-cost analysis includes a calcula- 6 tion of all the benefits addressed in the performance 7 measures established under section 150; 8 ‘‘(2) the benefit-cost analysis includes a consid- 9 eration of the total maintenance cost of an asset 10 over the lifecycle of the asset; and 11 ‘‘(3) the State demonstrates that any transpor- 12 tation demand modeling used to calculate the ben- 13 efit-cost analysis has a documented record of accu- 14 racy.’’. 15 SEC. 1202. INCREASING THE RESILIENCE OF TRANSPOR- 16 TATION ASSETS. 17 (a) PREDISASTER MITIGATION PROGRAM.— 18 (1) IN GENERAL.—Chapter 1 of title 23, United 19 States Code, is amended by inserting after section 20 123 the following: 21 ‘‘§ 124. Predisaster mitigation program 22 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab- 23 lish and implement a predisaster mitigation program to 24 enhance the resilience of the transportation system of the 25 309 •HR 3684 EH United States, mitigate the impacts of covered events, and 1 ensure the efficient use of Federal resources. 2 ‘‘(b) ELIGIBLE ACTIVITIES.— 3 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 4 funds apportioned to the State under section 5 104(b)(8) may be obligated for— 6 ‘‘(A) construction activities, including con- 7 struction of natural infrastructure or protective 8 features— 9 ‘‘(i) to increase the resilience of a sur- 10 face transportation infrastructure asset to 11 withstand a covered event; 12 ‘‘(ii) to relocate or provide a reason- 13 able alternative to a repeatedly damaged 14 facility; and 15 ‘‘(iii) for an evacuation route identi- 16 fied in the vulnerability assessment re- 17 quired under section 134(i)(2)(I)(iii) or 18 section 135(f)(10)(C) to— 19 ‘‘(I) improve the capacity or op- 20 eration of such evacuation route 21 through communications and intel- 22 ligent transportation system equip- 23 ment and infrastructure, counterflow 24 measures, and shoulders; and 25 310 •HR 3684 EH ‘‘(II) relocate such evacuation 1 route or provide a reasonable alter- 2 native to such evacuation route to ad- 3 dress the risk of a covered event; 4 ‘‘(B) resilience planning activities, includ- 5 ing activities described in sections 134(i)(2)(I) 6 and 135(f)(10) of this title and sections 7 5303(i)(2)(I) and 5304(f)(10) of title 49; and 8 ‘‘(C) the development of projects and pro- 9 grams that help States, territories, and regions 10 recover from covered events that significantly 11 disrupt the transportation system, including— 12 ‘‘(i) predisaster training programs 13 that help agencies and regional stake- 14 holders plan for and prepare multimodal 15 recovery efforts; and 16 ‘‘(ii) the establishment of region-wide 17 telework training and programs. 18 ‘‘(2) INFRASTRUCTURE RESILIENCE AND ADAP- 19 TATION.—No funds shall be obligated to a project 20 under this section unless the project meets each of 21 the following criteria: 22 ‘‘(A) The project is designed to ensure re- 23 silience over the anticipated service life of the 24 surface transportation infrastructure asset. 25 311 •HR 3684 EH ‘‘(B) The project is identified in the metro- 1 politan or statewide transportation improve- 2 ment program as a project to address resilience 3 vulnerabilities, consistent with section 4 134(j)(3)(E) or 135(g)(5)(B)(iii). 5 ‘‘(3) PRIORITIZATION OF PROJECTS.—A State 6 shall develop a process to prioritize projects under 7 this section based on the degree to which the pro- 8 posed project would— 9 ‘‘(A) be cost effective in the long-term; 10 ‘‘(B) reduce the risk of disruption to a sur- 11 face transportation infrastructure asset consid- 12 ered critical to support population centers, 13 freight movement, economic activity, evacu- 14 ation, recovery, national security functions, or 15 critical infrastructure; and 16 ‘‘(C) ease disruptions to vulnerable, at- 17 risk, or transit-dependant populations. 18 ‘‘(c) GUIDANCE.—The Secretary shall provide guid- 19 ance to States to assist with the implementation of para- 20 graphs (2) and (3) of subsection (b). 21 ‘‘(d) DEFINITIONS.—In this section: 22 ‘‘(1) COVERED EVENT.—The term ‘covered 23 event’ means a climate change effect (including sea 24 level rise), flooding, and an extreme event or other 25 312 •HR 3684 EH natural disaster (including wildfires, seismic activity, 1 and landslides). 2 ‘‘(2) SURFACE TRANSPORTATION INFRASTRUC- 3 TURE ASSET.—The term ‘surface transportation in- 4 frastructure asset’ means a facility eligible for as- 5 sistance under this title or chapter 53 of title 49.’’. 6 (2) CONFORMING AMENDMENT.—The analysis 7 for chapter 1 of title 23, United States Code, is 8 amended by inserting after the item relating to sec- 9 tion 123 the following: 10 ‘‘124. Predisaster mitigation program.’’. (b) PROJECTS IN FLOOD-PRONE AREAS.—Section 11 109 of title 23, United States Code, is further amended 12 by adding at the end the following: 13 ‘‘(t) PROJECTS IN FLOOD-PRONE AREAS.—For 14 projects and actions that, in whole or in part, encroach 15 within the limits of a flood-prone area, the Secretary shall 16 ensure that such projects and actions are— 17 ‘‘(1) designed and constructed in a way that 18 takes into account, and mitigates where appropriate, 19 flood risk by using hydrologic, hydraulic, and hydro- 20 dynamic data, methods, and analysis that integrate 21 current and projected changes in flooding based on 22 climate science over the anticipated service life of 23 the asset and future forecasted land use changes; 24 and 25 313 •HR 3684 EH ‘‘(2) designed using analysis that considers the 1 capital costs, risks, and other economic, engineering, 2 social and environmental concerns of constructing a 3 project in a flood-prone area.’’. 4 (c) METROPOLITAN TRANSPORTATION PLANNING.— 5 (1) AMENDMENTS TO TITLE 23.— 6 (A) CLIMATE CHANGE AND RESILIENCE.— 7 Section 134(i)(2) of title 23, United States 8 Code, is amended by adding at the end the fol- 9 lowing: 10 ‘‘(I) CLIMATE CHANGE AND RESILIENCE.— 11 ‘‘(i) IN GENERAL.—The transpor- 12 tation planning process shall assess strate- 13 gies to reduce the climate change impacts 14 of the surface transportation system and 15 conduct a vulnerability assessment to iden- 16 tify opportunities to enhance the resilience 17 of the surface transportation system and 18 ensure the efficient use of Federal re- 19 sources. 20 ‘‘(ii) CLIMATE CHANGE MITIGATION 21 AND IMPACTS.—A long-range transpor- 22 tation plan shall— 23 ‘‘(I) identify investments and 24 strategies to reduce transportation-re- 25 314 •HR 3684 EH lated sources of greenhouse gas emis- 1 sions per capita; 2 ‘‘(II) identify investments and 3 strategies to manage transportation 4 demand and increase the rates of pub- 5 lic transportation ridership, walking, 6 bicycling, and carpools; and 7 ‘‘(III) recommend zoning and 8 other land use policies that would sup- 9 port infill, transit-oriented develop- 10 ment, and mixed use development. 11 ‘‘(iii) VULNERABILITY ASSESSMENT.— 12 A long-range transportation plan shall in- 13 corporate a vulnerability assessment that— 14 ‘‘(I) includes a risk-based assess- 15 ment of vulnerabilities of critical 16 transportation assets and systems to 17 covered events (as such term is de- 18 fined in section 124); 19 ‘‘(II) considers, as applicable, the 20 risk management analysis in the 21 State’s asset management plan devel- 22 oped pursuant to section 119, and the 23 State’s evaluation of reasonable alter- 24 natives to repeatedly damaged facili- 25 315 •HR 3684 EH ties conducted under part 667 of title 1 23, Code of Federal Regulations; 2 ‘‘(III) at the discretion of the 3 metropolitan planning organization, 4 identifies evacuation routes, assesses 5 the ability of any such routes to pro- 6 vide safe passage for evacuation, ac- 7 cess to health care and public health 8 facilities, and emergency response 9 during an emergency event, and iden- 10 tifies any improvements or redundant 11 facilities necessary to adequately fa- 12 cilitate safe 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). 25 316 •HR 3684 EH ‘‘(iv) CONSULTATION.—The assess- 1 ment described in this subparagraph shall 2 be developed in consultation with, as ap- 3 propriate, State, local, and Tribal officials 4 responsible for land use, housing, resil- 5 ience, hazard mitigation, and emergency 6 management.’’. 7 (B) RESILIENCE PROJECTS.—Section 8 134(j)(3) of title 23, 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 (2) AMENDMENTS TO TITLE 49.— 19 (A) CLIMATE CHANGE AND RESILIENCE.— 20 Section 5303(i)(2) of title 49, United States 21 Code, is amended by adding at the end the fol- 22 lowing: 23 ‘‘(I) CLIMATE CHANGE AND RESILIENCE.— 24 317 •HR 3684 EH ‘‘(i) IN GENERAL.—The transpor- 1 tation planning process shall assess strate- 2 gies to reduce the climate change impacts 3 of the surface transportation system and 4 conduct a vulnerability assessment to iden- 5 tify opportunities to enhance the resilience 6 of the surface transportation system and 7 ensure the efficient use of Federal re- 8 sources. 9 ‘‘(ii) CLIMATE CHANGE MITIGATION 10 AND IMPACTS.—A long-range transpor- 11 tation plan shall— 12 ‘‘(I) identify investments and 13 strategies to reduce transportation-re- 14 lated sources of greenhouse gas emis- 15 sions per capita; 16 ‘‘(II) identify investments and 17 strategies to manage transportation 18 demand and increase the rates of pub- 19 lic transportation ridership, walking, 20 bicycling, and carpools; and 21 ‘‘(III) recommend zoning and 22 other land use policies that would sup- 23 port infill, transit-oriented develop- 24 ment, and mixed use development. 25 318 •HR 3684 EH ‘‘(iii) VULNERABILITY ASSESSMENT.— 1 A long-range transportation plan shall in- 2 corporate a vulnerability assessment that— 3 ‘‘(I) includes a risk-based assess- 4 ment of vulnerabilities of critical 5 transportation assets and systems to 6 covered events (as such term is de- 7 fined in section 124 of title 23); 8 ‘‘(II) considers, as applicable, the 9 risk management analysis in the 10 State’s asset management plan devel- 11 oped pursuant to section 119 of title 12 23, and the State’s evaluation of rea- 13 sonable alternatives to repeatedly 14 damaged facilities conducted under 15 part 667 of title 23, Code of Federal 16 Regulations; 17 ‘‘(III) at the discretion of the 18 metropolitan planning organization, 19 identifies evacuation routes, assesses 20 the ability of any such routes to pro- 21 vide safe passage for evacuation, ac- 22 cess to health care and public health 23 facilities, and emergency response 24 during an emergency event, and iden- 25 319 •HR 3684 EH tifies any improvements or redundant 1 facilities necessary to adequately fa- 2 cilitate safe passage; 3 ‘‘(IV) describes the metropolitan 4 planning organization’s adaptation 5 and resilience improvement strategies 6 that will inform the transportation in- 7 vestment decisions of the metropolitan 8 planning organization; and 9 ‘‘(V) is consistent with and com- 10 plementary of the State, Tribal, and 11 local mitigation plans required under 12 section 322 of the Robert T. Stafford 13 Disaster Relief and Emergency Assist- 14 ance Act (42 U.S.C. 5165). 15 ‘‘(iv) CONSULTATION.—The assess- 16 ment described in this subparagraph shall 17 be developed in consultation, as appro- 18 priate, with State, local, and Tribal offi- 19 cials responsible for land use, housing, re- 20 silience, hazard mitigation, and emergency 21 management.’’. 22 (B) RESILIENCE PROJECTS.—Section 23 5303(j)(3) of title 49, United States Code, is 24 amended by adding at the end the following: 25 320 •HR 3684 EH ‘‘(E) RESILIENCE PROJECTS.—The TIP 1 shall— 2 ‘‘(i) identify any projects that address 3 the vulnerabilities identified by the assess- 4 ment in subsection (i)(2)(I)(iii); and 5 ‘‘(ii) describe how each project identi- 6 fied under clause (i) would improve the re- 7 silience of the transportation system.’’. 8 (d) STATEWIDE AND NONMETROPOLITAN PLAN- 9 NING.— 10 (1) AMENDMENTS TO TITLE 23.— 11 (A) CLIMATE CHANGE AND RESILIENCE.— 12 Section 135(f) of title 23, United States Code, 13 is amended by adding at the end the following: 14 ‘‘(10) CLIMATE CHANGE AND RESILIENCE.— 15 ‘‘(A) IN GENERAL.—The transportation 16 planning process shall assess strategies to re- 17 duce the climate change impacts of the surface 18 transportation system and conduct a vulner- 19 ability assessment to identify opportunities to 20 enhance the resilience of the surface transpor- 21 tation system and ensure the efficient use of 22 Federal resources. 23 321 •HR 3684 EH ‘‘(B) CLIMATE CHANGE MITIGATION AND 1 IMPACTS.—A long-range transportation plan 2 shall— 3 ‘‘(i) identify investments and strate- 4 gies to reduce transportation-related 5 sources of greenhouse gas emissions per 6 capita; 7 ‘‘(ii) identify investments and strate- 8 gies to manage transportation demand and 9 increase the rates of public transportation 10 ridership, walking, bicycling, and carpools; 11 and 12 ‘‘(iii) recommend zoning and other 13 land use policies that would support infill, 14 transit-oriented development, and mixed 15 use development. 16 ‘‘(C) VULNERABILITY ASSESSMENT.—A 17 long-range transportation plan shall incorporate 18 a vulnerability assessment that— 19 ‘‘(i) includes a risk-based assessment 20 of vulnerabilities of critical transportation 21 assets and systems to covered events (as 22 such term is defined in section 124); 23 ‘‘(ii) considers, as applicable, the risk 24 management analysis in the State’s asset 25 322 •HR 3684 EH management plan developed pursuant to 1 section 119, and the State’s evaluation of 2 reasonable alternatives to repeatedly dam- 3 aged facilities conducted under part 667 of 4 title 23, Code of Federal Regulations; 5 ‘‘(iii) identifies evacuation routes, as- 6 sesses the ability of any such routes to pro- 7 vide safe passage for evacuation, access to 8 health care and public health facilities, and 9 emergency response during an emergency 10 event, and identifies any improvements or 11 redundant facilities necessary to ade- 12 quately facilitate safe passage; 13 ‘‘(iv) describes the States’s adaptation 14 and resilience improvement strategies that 15 will inform the transportation investment 16 decisions of the State; and 17 ‘‘(v) is consistent with and com- 18 plementary of the State, Tribal, and local 19 mitigation plans required under section 20 322 of the Robert T. Stafford Disaster Re- 21 lief and Emergency Assistance Act (42 22 U.S.C. 5165). 23 ‘‘(D) CONSULTATION.—The assessment 24 described in this paragraph shall be developed 25 323 •HR 3684 EH in consultation with, as appropriate, metropoli- 1 tan planning organizations and State, local, and 2 Tribal officials responsible for land use, hous- 3 ing, resilience, hazard mitigation, and emer- 4 gency management.’’. 5 (B) RESILIENCE PROJECTS.—Section 6 135(g)(5)(B) of title 23, United States Code, is 7 amended by adding at the end the following: 8 ‘‘(iii) RESILIENCE PROJECTS.—The 9 STIP shall— 10 ‘‘(I) identify projects that ad- 11 dress the vulnerabilities identified by 12 the assessment in subsection 13 (i)(10)(B); and 14 ‘‘(II) describe how each project 15 identified under subclause (I) would 16 improve the resilience of the transpor- 17 tation system.’’. 18 (2) AMENDMENTS TO TITLE 49.— 19 (A) CLIMATE CHANGE AND RESILIENCE.— 20 Section 5304(f) of title 49, United States Code, 21 is amended by adding at the end the following: 22 ‘‘(10) CLIMATE CHANGE AND RESILIENCE.— 23 ‘‘(A) IN GENERAL.—The transportation 24 planning process shall assess strategies to re- 25 324 •HR 3684 EH duce the climate change impacts of the surface 1 transportation system and conduct a vulner- 2 ability assessment to identify opportunities to 3 enhance the resilience of the surface transpor- 4 tation system and ensure the efficient use of 5 Federal resources. 6 ‘‘(B) CLIMATE CHANGE MITIGATION AND 7 IMPACTS.—A long-range transportation plan 8 shall— 9 ‘‘(i) identify investments and strate- 10 gies to reduce transportation-related 11 sources of greenhouse gas emissions per 12 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 21 use development. 22 ‘‘(C) VULNERABILITY ASSESSMENT.—A 23 long-range transportation plan shall incorporate 24 a vulnerability assessment that— 25 325 •HR 3684 EH ‘‘(i) includes a risk-based assessment 1 of vulnerabilities of critical transportation 2 assets and systems to covered events (as 3 such term is defined in section 124 of title 4 23); 5 ‘‘(ii) considers, as applicable, the risk 6 management analysis in the State’s asset 7 management plan developed pursuant to 8 section 119 of title 23, and the State’s 9 evaluation of reasonable alternatives to re- 10 peatedly damaged facilities conducted 11 under part 667 of title 23, Code of Federal 12 Regulations; 13 ‘‘(iii) identifies evacuation routes, as- 14 sesses the ability of any such routes to pro- 15 vide safe passage for evacuation, access to 16 health care and public health facilities, and 17 emergency response during an emergency 18 event, and identifies any improvements or 19 redundant facilities necessary to ade- 20 quately facilitate safe passage; 21 ‘‘(iv) describes the State’s adaptation 22 and resilience improvement strategies that 23 will inform the transportation investment 24 decisions of the State; and 25 326 •HR 3684 EH ‘‘(v) is consistent with and com- 1 plementary of the State, Tribal, and local 2 mitigation plans required under section 3 322 of the Robert T. Stafford Disaster Re- 4 lief and Emergency Assistance Act (42 5 U.S.C. 5165). 6 ‘‘(D) CONSULTATION.—The assessment 7 described in this paragraph shall be developed 8 in consultation with, as appropriate, metropoli- 9 tan planning organizations and State, local, and 10 Tribal officials responsible for land use, hous- 11 ing, resilience, hazard mitigation, and emer- 12 gency management.’’. 13 (B) RESILIENCE PROJECTS.—Section 14 5304(g)(5)(B) of title 49, United States Code, 15 is amended by adding at the end the following: 16 ‘‘(iii) RESILIENCE PROJECTS.—The 17 STIP shall— 18 ‘‘(I) identify projects that ad- 19 dress the vulnerabilities identified by 20 the assessment in subsection 21 (i)(10)(B); and 22 ‘‘(II) describe how each project 23 identified under subclause (I) would 24 327 •HR 3684 EH improve the resilience of the transpor- 1 tation system.’’. 2 SEC. 1203. EMERGENCY RELIEF. 3 (a) IN GENERAL.—Section 125 of title 23, United 4 States Code, is amended— 5 (1) in subsection (a)(1) by inserting ‘‘wildfire,’’ 6 after ‘‘severe storm,’’; 7 (2) by striking subsection (b); 8 (3) in subsection (c)(2)(A) by striking ‘‘in any 9 1 fiscal year commencing after September 30, 10 1980,’’ and inserting ‘‘in any fiscal year’’; 11 (4) in subsection (d)— 12 (A) in paragraph (3)(C) by striking ‘‘(as 13 defined in subsection (e)(1))’’; 14 (B) by redesignating paragraph (3) as 15 paragraph (4); and 16 (C) by striking paragraphs (1) and (2) and 17 inserting the following: 18 ‘‘(1) IN GENERAL.—The Secretary may expend 19 funds from the emergency fund authorized by this 20 section only for the repair or reconstruction of high- 21 ways on Federal-aid highways in accordance with 22 this chapter. 23 ‘‘(2) RESTRICTIONS.— 24 328 •HR 3684 EH ‘‘(A) IN GENERAL.—No funds shall be ex- 1 pended from the emergency fund authorized by 2 this section unless— 3 ‘‘(i) an emergency has been declared 4 by the Governor of the State with concur- 5 rence by the Secretary, unless the Presi- 6 dent has declared the emergency to be a 7 major disaster for the purposes of the Rob- 8 ert T. Stafford Disaster Relief and Emer- 9 gency Assistance Act (42 U.S.C. 5121 et 10 seq.) for which concurrence of the Sec- 11 retary is not required; and 12 ‘‘(ii) the Secretary has received an ap- 13 plication from the State transportation de- 14 partment that includes a comprehensive 15 list of all eligible project sites and repair 16 costs by not later than 2 years after the 17 natural disaster or catastrophic failure. 18 ‘‘(B) COST LIMITATION.—The total cost of 19 a project funded under this section may not ex- 20 ceed the cost of repair or reconstruction of a 21 comparable facility unless the Secretary deter- 22 mines that the project incorporates economi- 23 cally justified betterments, including protective 24 features to increase the resilience of the facility. 25 329 •HR 3684 EH ‘‘(C) REPEATEDLY DAMAGED FACILI- 1 TIES.—An application submitted under this sec- 2 tion for the permanent repair or reconstruction 3 of a repeatedly damaged facility shall include 4 consideration and, if feasible, incorporation of 5 economically justifiable betterments, including 6 protective features, to increase the resilience of 7 such facility. 8 ‘‘(3) SPECIAL RULE FOR BRIDGE PROJECTS.— 9 In no case shall funds be used under this section for 10 the repair or reconstruction of a bridge— 11 ‘‘(A) that has been permanently closed to 12 all vehicular traffic by the State or responsible 13 local official because of imminent danger of col- 14 lapse due to a structural deficiency or physical 15 deterioration; or 16 ‘‘(B) if a construction phase of a replace- 17 ment structure is included in the approved 18 statewide transportation improvement program 19 at the time of an event described in subsection 20 (a).’’; 21 (5) in subsection (e)— 22 (A) by striking paragraph (1); 23 330 •HR 3684 EH (B) in paragraph (2) by striking ‘‘sub- 1 section (d)(1)’’ and inserting ‘‘subsection 2 (c)(1)’’; 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 7 (g), as amended, as subsections (b) through (f), re- 8 spectively; 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 16 of— 17 ‘‘(A) the date on which the Governor de- 18 clared the emergency, as described in subsection 19 (c)(2)(A)(i); or 20 ‘‘(B) the date on which the President de- 21 clared the emergency to be a major disaster, as 22 described in such subsection. 23 ‘‘(2) EXTENSION OF DEADLINE.—If the Sec- 24 retary imposes a deadline for advancement to the 25 331 •HR 3684 EH construction obligation stage pursuant to paragraph 1 (1), the Secretary may, upon the request of the Gov- 2 ernor of the State, issue an extension of not more 3 than 1 year to complete such advancement, and may 4 issue additional extensions after the expiration of 5 any extension, if the Secretary determines the Gov- 6 ernor of the State has provided suitable justification 7 to warrant such an extension. 8 ‘‘(h) HAZARD MITIGATION PILOT PROGRAM.— 9 ‘‘(1) IN GENERAL.—The Secretary shall estab- 10 lish a hazard mitigation pilot program for the pur- 11 pose of mitigating future hazards posed to Federal- 12 aid highways, Federal lands transportation facilities, 13 and Tribal transportation facilities. 14 ‘‘(2) ALLOCATION OF FUNDS.— 15 ‘‘(A) AUTHORIZATION OF APPROPRIA- 16 TIONS.—There is authorized to be appropriated 17 such sums as may be necessary for the pilot 18 program established under this subsection. 19 ‘‘(B) CALCULATION.—Annually, the Sec- 20 retary shall calculate the total amount of out- 21 standing eligible repair costs under the emer- 22 gency relief program under this section, includ- 23 ing the emergency relief backlog, for each 24 State, territory, and Indian Tribe. 25 332 •HR 3684 EH ‘‘(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 14 under subparagraph (C) shall not exceed 5 per- 15 cent of the total amount of outstanding eligible 16 repair costs under the emergency relief program 17 for 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 ef- 24 fective and that reduce the risk of, or increase 25 333 •HR 3684 EH the resilience to, future damage to existing as- 1 sets as 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 En- 8 vironment and Public Works of the Senate a report 9 detailing— 10 ‘‘(A) a description of the activities carried 11 out under the pilot program; 12 ‘‘(B) an evaluation of the effectiveness of 13 the pilot program in meeting purposes described 14 in paragraph (1); and 15 ‘‘(C) policy recommendations to improve 16 the 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— 24 334 •HR 3684 EH ‘‘(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 4 may use to incorporate resilience into emer- 5 gency relief 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 facil- 13 ity; 14 ‘‘(2) consider transportation system access for 15 moderate and low-income families impacted by a 16 major disaster or emergency declared by the Presi- 17 dent under section 401 of the Robert T. Stafford 18 Disaster Relief and Emergency Assistance Act (42 19 U.S.C. 5170); 20 ‘‘(3) develop best practices for improving the 21 use of resilience in— 22 ‘‘(A) the emergency relief program under 23 this section; and 24 ‘‘(B) emergency relief efforts; 25 335 •HR 3684 EH ‘‘(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 5 track— 6 ‘‘(A) the consideration of resilience as part 7 of the emergency relief program under this sec- 8 tion; and 9 ‘‘(B) the costs of emergency relief projects. 10 ‘‘(j) DEFINITIONS.—In this section: 11 ‘‘(1) COMPARABLE FACILITY.—The term ‘com- 12 parable facility’ means a facility that meets the cur- 13 rent geometric and construction standards required 14 for the types and volume of traffic that the facility 15 will carry over its design life. 16 ‘‘(2) CONSTRUCTION PHASE.—The term ‘con- 17 struction phase’ means the phase of physical con- 18 struction of a highway or bridge facility that is sepa- 19 rate from any other identified phases, such as plan- 20 ning, design, or right-of-way phases, in the State 21 transportation improvement program. 22 ‘‘(3) OPEN TO PUBLIC TRAVEL.—The term 23 ‘open to public travel’ means with respect to a road, 24 336 •HR 3684 EH that, except during scheduled periods, extreme 1 weather conditions, or emergencies, the road— 2 ‘‘(A) is maintained; 3 ‘‘(B) is open to the general public; and 4 ‘‘(C) can accommodate travel by a stand- 5 ard passenger vehicle, without restrictive gates 6 or prohibitive signs or regulations, other than 7 for general traffic control or restrictions based 8 on size, weight, or class of registration. 9 ‘‘(4) STANDARD PASSENGER VEHICLE.—The 10 term ‘standard passenger vehicle’ means a vehicle 11 with 6 inches of clearance from the lowest point of 12 the frame, body, suspension, or differential to the 13 ground.’’. 14 (b) CONFORMING AMENDMENTS.— 15 (1) FEDERAL LANDS AND TRIBAL TRANSPOR- 16 TATION PROGRAMS.—Section 201(c)(8)(A) of title 17 23, United States Code, is amended by striking 18 ‘‘section 125(e)’’ and inserting ‘‘section 125(j)’’. 19 (2) TRIBAL TRANSPORTATION PROGRAM.—Sec- 20 tion 202(b)(6)(A) of title 23, United States Code, is 21 amended by striking ‘‘section 125(e)’’ and inserting 22 ‘‘section 125(d)’’. 23 (c) REPEAL.—Section 668.105(h) of title 23, Code 24 of Federal Regulations, is repealed. 25 337 •HR 3684 EH SEC. 1204. RAILWAY CROSSINGS. 1 (a) IN GENERAL.—Section 130 of title 23, United 2 States Code, is amended— 3 (1) in the section heading by striking ‘‘Rail- 4 way-highway crossings’’ and inserting ‘‘Rail- 5 way crossings’’; 6 (2) in subsection (a)— 7 (A) by striking ‘‘Subject to section 120 8 and subsection (b) of this section, the entire’’ 9 and inserting ‘‘IN GENERAL.—The’’; 10 (B) by striking ‘‘then the entire’’ and in- 11 serting ‘‘the’’; and 12 (C) by striking ‘‘, subject to section 120 13 and subsection (b) of this section,’’; 14 (3) by amending subsection (b) to read as fol- 15 lows: 16 ‘‘(b) CLASSIFICATION.— 17 ‘‘(1) IN GENERAL.—The construction of 18 projects for the elimination of hazards at railway 19 crossings represents a benefit to the railroad. The 20 Secretary shall classify the various types of projects 21 involved in the elimination of hazards of railway- 22 highway crossings, and shall set for each such classi- 23 fication a percentage of the total project cost that 24 represent the benefit to the railroad or railroads for 25 the purpose of determining the railroad’s share of 26 338 •HR 3684 EH the total project cost. The Secretary shall determine 1 the appropriate classification of each project. 2 ‘‘(2) NONCASH CONTRIBUTIONS.— 3 ‘‘(A) IN GENERAL.—Not more than 5 per- 4 cent of the cost share described in paragraph 5 (1) may be attributable to noncash contribu- 6 tions of materials and labor furnished by the 7 railroad in connection with the construction of 8 such project. 9 ‘‘(B) REQUIREMENT.—The requirements 10 under section 200.306 and 200.403(g) of title 11 2, Code of Federal Regulations (or successor 12 regulations), shall apply to any noncash con- 13 tributions under this subsection. 14 ‘‘(3) TOTAL PROJECT COST.—For the purposes 15 of this subsection, the determination of the rail- 16 road’s share of the total project cost shall include 17 environment, design, right-of-way, utility accommo- 18 dation, and construction phases of the project.’’; 19 (4) in subsection (c)— 20 (A) by striking ‘‘Any railroad involved’’ 21 and inserting ‘‘BENEFIT.—Any railroad in- 22 volved’’; 23 339 •HR 3684 EH (B) by striking ‘‘the net benefit’’ and in- 1 serting ‘‘the cost associated with the benefit’’; 2 and 3 (C) by striking ‘‘Such payment may con- 4 sist in whole or in part of materials and labor 5 furnished by the railroad in connection with the 6 construction of such project.’’; 7 (5) by striking subsection (e) and inserting the 8 following: 9 ‘‘(e) RAILWAY CROSSINGS.— 10 ‘‘(1) ELIGIBLE ACTIVITIES.—Funds appor- 11 tioned to a State under section 104(b)(7) may be ob- 12 ligated for the following: 13 ‘‘(A) The elimination of hazards at rail- 14 way-highway crossings, including technology or 15 protective upgrades. 16 ‘‘(B) Construction or installation of protec- 17 tive devices (including replacement of function- 18 ally obsolete protective devices) at railway-high- 19 way crossings. 20 ‘‘(C) Infrastructure and noninfrastructure 21 projects and strategies to prevent or reduce sui- 22 cide or trespasser fatalities and injuries along 23 railroad rights-of-way and at or near railway- 24 highway crossings. 25 340 •HR 3684 EH ‘‘(D) Projects to mitigate any degradation 1 in the level of access from a highway-grade 2 crossing closure. 3 ‘‘(E) Bicycle and pedestrian railway grade 4 crossing improvements, including underpasses 5 and overpasses. 6 ‘‘(F) Projects eligible under section 7 22907(c)(5) of title 49, provided that amounts 8 obligated under this subparagraph— 9 ‘‘(i) shall be administered by the Sec- 10 retary in accordance with such section as 11 if such amounts were made available to 12 carry out such section; and 13 ‘‘(ii) may be used to pay up to 90 per- 14 cent of the non-Federal share of the cost 15 of a project carried out under such section. 16 ‘‘(2) SPECIAL RULE.—If a State demonstrates 17 to the satisfaction of the Secretary that the State 18 has met all its needs for installation of protective de- 19 vices at railway-highway crossings, the State may 20 use funds made available by this section for other 21 highway safety improvement program purposes.’’; 22 (6) by striking subsection (f) and inserting the 23 following: 24 341 •HR 3684 EH ‘‘(f) FEDERAL SHARE.—Notwithstanding section 1 120, the Federal share payable on account of any project 2 financed with funds made available to carry out subsection 3 (e) shall be up to 90 percent of the cost thereof.’’; 4 (7) by striking subsection (g) and inserting the 5 following: 6 ‘‘(g) REPORT.— 7 ‘‘(1) STATE REPORT.— 8 ‘‘(A) IN GENERAL.—Not later than 2 years 9 after the date of enactment of the INVEST in 10 America Act, and at least biennially thereafter, 11 each State shall submit to the Secretary a re- 12 port on the progress being made to implement 13 the railway crossings program authorized by 14 this section and the effectiveness of projects to 15 improve railway crossing safety. 16 ‘‘(B) CONTENTS.—Each State report 17 under subparagraph (A) shall contain an as- 18 sessment of the costs of the various treatments 19 employed and subsequent accident experience at 20 improved locations. 21 ‘‘(2) DEPARTMENTAL REPORT.— 22 ‘‘(A) IN GENERAL.—Not later than 180 23 days after the deadline for the submission of a 24 report under paragraph (1)(A), the Secretary 25 342 •HR 3684 EH shall publish on the website of the Department 1 of Transportation a report on the progress 2 being made by the State in implementing 3 projects to improve railway crossings. 4 ‘‘(B) CONTENTS.—The report under sub- 5 paragraph (A) shall include— 6 ‘‘(i) the number of projects under- 7 taken; 8 ‘‘(ii) distribution of such projects by 9 cost range, road system, nature of treat- 10 ment, and subsequent accident experience 11 at improved locations; 12 ‘‘(iii) an analysis and evaluation of 13 each State program; 14 ‘‘(iv) the identification of any State 15 found not to be in compliance with the 16 schedule of improvements required by sub- 17 section (d); and 18 ‘‘(v) recommendations for future im- 19 plementation of the railway crossings pro- 20 gram.’’; 21 (8) in subsection (j)— 22 (A) in the heading by inserting ‘‘AND PE- 23 DESTRIAN’’ after ‘‘BICYCLE’’; and 24 343 •HR 3684 EH (B) by inserting ‘‘and pedestrian’’ after 1 ‘‘bicycle’’; and 2 (9) in subsection (l)— 3 (A) in paragraph (1) by striking ‘‘Not 4 later than’’ and all that follows through ‘‘each 5 State’’ and inserting ‘‘Not later than 6 months 6 after a new railway crossing becomes oper- 7 ational, each State’’; and 8 (B) in paragraph (2) by striking ‘‘On a 9 periodic’’ and all that follows through ‘‘every 10 year thereafter’’ and inserting ‘‘On or before 11 September 30 of each year’’. 12 (b) CLERICAL AMENDMENT.—The analysis for chap- 13 ter 1 of title 23, United States Code, is amended by 14 amending the item relating to section 130 to read as fol- 15 lows: 16 ‘‘130. Railway crossings.’’. (c) GAO STUDY.—Not later than 2 years after the 17 date of enactment of this Act, the Comptroller General 18 of the United States shall submit to Congress a report 19 that includes an analysis of the effectiveness of the railway 20 crossing program under section 130 of title 23, United 21 States Code. 22 (d) SENSE OF CONGRESS RELATING TO TRESPASSER 23 DEATHS ALONG RAILROAD RIGHTS-OF-WAY.—It is the 24 sense of Congress that the Department of Transportation 25 344 •HR 3684 EH should, where feasible, coordinate departmental efforts to 1 prevent or reduce trespasser deaths along railroad rights- 2 of-way and at or near railway-highway crossings. 3 SEC. 1205. SURFACE TRANSPORTATION PROGRAM. 4 (a) IN GENERAL.—Section 133 of title 23, United 5 States Code, is amended— 6 (1) in the heading by striking ‘‘block grant’’; 7 (2) in subsection (a) by striking ‘‘block grant’’; 8 (3) in subsection (b)— 9 (A) by striking ‘‘block grant’’; 10 (B) in paragraph (1)(B) by inserting ‘‘, ex- 11 cept that for the purposes of this section hover- 12 craft and terminal facilities for hovercraft en- 13 gaging in water transit for passengers or vehi- 14 cles shall be considered ferry boats and ferry 15 terminal facilities eligible under section 129(c)’’ 16 after ‘‘section 129(c)’’; 17 (C) in paragraph (4) by striking ‘‘railway- 18 highway grade crossings’’ and inserting 19 ‘‘projects eligible under section 130 and instal- 20 lation of safety barriers and nets on bridges’’; 21 (D) in paragraph (6)— 22 (i) by striking ‘‘Recreational’’ and in- 23 serting ‘‘Transportation alternatives 24 345 •HR 3684 EH projects eligible under subsection (h), rec- 1 reational’’; and 2 (ii) by striking ‘‘1404 of SAFETEA– 3 LU (23 U.S.C. 402 note)’’ and inserting 4 ‘‘211’’; 5 (E) in paragraph (12) by striking ‘‘travel’’ 6 and inserting ‘‘transportation’’; and 7 (F) by adding at the end the following: 8 ‘‘(16) Protective features (including natural in- 9 frastructure and vegetation control and clearance) to 10 enhance the resilience of a transportation facility 11 otherwise eligible for assistance under this section. 12 ‘‘(17) Projects to reduce greenhouse gas emis- 13 sions eligible under section 171, including the instal- 14 lation of electric vehicle charging infrastructure. 15 ‘‘(18) Projects and strategies to reduce vehicle- 16 caused wildlife mortality related to, or to restore and 17 maintain connectivity among terrestrial or aquatic 18 habitats affected by, a transportation facility other- 19 wise eligible for assistance under this section. 20 ‘‘(19) A surface transportation project carried 21 out in accordance with the national travel and tour- 22 ism infrastructure strategic plan under section 23 1431(e) of the FAST Act (49 U.S.C. 301 note). 24 346 •HR 3684 EH ‘‘(20) roads in rural areas that primarily serve 1 to transport agricultural products from a farm or 2 ranch to a marketplace. 3 ‘‘(21) The removal, retrofit, repurposing, reme- 4 diation, or replacement of a highway or other trans- 5 portation facility that creates a barrier to commu- 6 nity connectivity to improve access for multiple 7 modes of transportation.’’; 8 (4) in subsection (c)— 9 (A) by striking ‘‘block grant’’ and inserting 10 ‘‘program’’; 11 (B) by striking paragraph (3) and insert- 12 ing the following: 13 ‘‘(3) for a project described in— 14 ‘‘(A) subsection (h); or 15 ‘‘(B) section 101(a)(29), as in effect on 16 the day before the date of enactment of the 17 FAST Act;’’; 18 (C) by redesignating paragraph (4) as 19 paragraph (5); and 20 (D) by inserting after paragraph (3) the 21 following: 22 ‘‘(4) for a project described in section 5308 of 23 title 49; and’’; 24 (5) in subsection (d)— 25 347 •HR 3684 EH (A) in paragraph (1)— 1 (i) by inserting ‘‘each fiscal year’’ 2 after ‘‘apportioned to a State’’; 3 (ii) by striking ‘‘the reservation of’’ 4 and inserting ‘‘setting aside’’; and 5 (iii) in subparagraph (A)— 6 (I) by striking ‘‘the percentage 7 specified in paragraph (6) for a fiscal 8 year’’ and inserting ‘‘57 percent for 9 fiscal year 2023, 58 percent for fiscal 10 year 2024, 59 percent for fiscal year 11 2025, and 60 percent for fiscal year 12 2026’’; 13 (II) in clause (i) by striking ‘‘of 14 over’’ and inserting ‘‘greater than’’; 15 and 16 (III) by striking clauses (ii) and 17 (iii) and inserting the following: 18 ‘‘(ii) in urbanized areas of the State 19 with an urbanized area population greater 20 than 49,999 and less than 200,001; 21 ‘‘(iii) in urban areas of the State with 22 a population greater than 4,999 and less 23 than 50,000; and 24 348 •HR 3684 EH ‘‘(iv) in other areas of the State with 1 a population less than 5,000; and’’; 2 (B) by striking paragraph (3) and insert- 3 ing the following: 4 ‘‘(3) LOCAL COORDINATION AND CONSULTA- 5 TION.— 6 ‘‘(A) COORDINATION WITH METROPOLITAN 7 PLANNING ORGANIZATIONS.—For purposes of 8 paragraph (1)(A)(ii), a State shall— 9 ‘‘(i) establish a process to coordinate 10 with all metropolitan planning organiza- 11 tions in the State that represent an urban- 12 ized area described in such paragraph; and 13 ‘‘(ii) describe how funds described 14 under paragraph (1)(A)(ii) will be allo- 15 cated equitably among such urbanized 16 areas during the period of fiscal years 17 2023 through 2026. 18 ‘‘(B) JOINT RESPONSIBILITY.—Each State 19 and the Secretary shall jointly ensure compli- 20 ance with subparagraph (A). 21 ‘‘(C) CONSULTATION WITH REGIONAL 22 TRANSPORTATION PLANNING ORGANIZA- 23 TIONS.—For purposes of clauses (iii) and (iv) 24 of paragraph (1)(A), before obligating funding 25 349 •HR 3684 EH attributed to an area with a population less 1 than 50,000, a State shall consult with the re- 2 gional transportation planning organizations 3 that represent the area, if any.’’; 4 (C) in the heading for paragraph (4) by 5 striking ‘‘OVER 200,000’’ and inserting ‘‘GREAT- 6 ER THAN 200,000’’; 7 (D) by striking paragraph (6) and insert- 8 ing the following: 9 ‘‘(6) TECHNICAL ASSISTANCE.— 10 ‘‘(A) IN GENERAL.—The State and all 11 metropolitan planning organizations in the 12 State that represent an urbanized area with a 13 population of greater than 200,000 may jointly 14 establish a program to improve the ability of 15 applicants to deliver projects under this sub- 16 section in an efficient and expeditious manner 17 and reduce the period of time between the selec- 18 tion of the project and the obligation of funds 19 for the project by providing— 20 ‘‘(i) technical assistance and training 21 to applicants for projects under this sub- 22 section; and 23 ‘‘(ii) funding for one or more full-time 24 State, regional, or local government em- 25 350 •HR 3684 EH ployee positions to administer this sub- 1 section. 2 ‘‘(B) ELIGIBLE FUNDS.—To carry out this 3 paragraph, a State or metropolitan planning or- 4 ganization may use funds made available under 5 paragraphs (2) or (6) of section 104(b). 6 ‘‘(C) USE OF FUNDS.—Amounts used 7 under this paragraph may be expended— 8 ‘‘(i) directly by the State or metropoli- 9 tan planning organization; or 10 ‘‘(ii) through contracts with State 11 agencies, private entities, or nonprofit or- 12 ganizations.’’; 13 (6) in subsection (e)— 14 (A) in paragraph (1)— 15 (i) by striking ‘‘over 200,000’’ and in- 16 serting ‘‘greater than 200,000’’; and 17 (ii) by striking ‘‘2016 through 2020’’ 18 and inserting ‘‘2023 through 2026’’; and 19 (B) by adding at the end the following: 20 ‘‘(3) ANNUAL AMOUNTS.—To the extent prac- 21 ticable, each State shall annually notify each af- 22 fected metropolitan planning organization as to the 23 amount of obligation authority that will be made 24 351 •HR 3684 EH available under paragraph (1) to each affected met- 1 ropolitan planning organization for the fiscal year.’’; 2 (7) by striking subsection (f) and inserting the 3 following: 4 ‘‘(f) BRIDGES NOT ON FEDERAL-AID HIGHWAYS.— 5 ‘‘(1) DEFINITION OF OFF-SYSTEM BRIDGE.—In 6 this subsection, the term ‘off-system bridge’ means 7 a bridge located on a public road, other than a 8 bridge on a Federal-aid highway. 9 ‘‘(2) SPECIAL RULE.— 10 ‘‘(A) SET ASIDE.—Of the amounts appor- 11 tioned to a State for each fiscal year under this 12 section other than the amounts described in 13 subparagraph (C), the State shall obligate for 14 activities described in subsection (b)(2) (as in 15 effect on the day before the date of enactment 16 of the FAST Act) for off-system bridges an 17 amount that is not less than 20 percent of the 18 amounts available to such State under this sec- 19 tion in fiscal year 2020, not including the 20 amounts described in subparagraph (C). 21 ‘‘(B) REDUCTION OF EXPENDITURES.— 22 The Secretary, after consultation with State 23 and local officials, may reduce the requirement 24 for expenditures for off-system bridges under 25 352 •HR 3684 EH subparagraph (A) with respect to the State if 1 the Secretary determines that the State has in- 2 adequate needs to justify the expenditure. 3 ‘‘(C) LIMITATIONS.—The following 4 amounts shall not be used for the purposes of 5 meeting the requirements of subparagraph (A): 6 ‘‘(i) Amounts described in section 7 133(d)(1)(A). 8 ‘‘(ii) Amounts set aside under section 9 133(h). 10 ‘‘(iii) Amounts described in section 11 505(a). 12 ‘‘(3) CREDIT FOR BRIDGES NOT ON FEDERAL- 13 AID HIGHWAYS.—Notwithstanding any other provi- 14 sion of law, with respect to any project not on a 15 Federal-aid highway for the replacement of a bridge 16 or rehabilitation of a bridge that is wholly funded 17 from State and local sources, is eligible for Federal 18 funds under this section, is certified by the State to 19 have been carried out in accordance with all stand- 20 ards applicable to such projects under this section, 21 and is determined by the Secretary upon completion 22 to be no longer a deficient bridge— 23 ‘‘(A) any amount expended after the date 24 of enactment of this subsection from State and 25 353 •HR 3684 EH local sources for the project in excess of 20 per- 1 cent of the cost of construction of the project 2 may be credited to the non-Federal share of the 3 cost of other bridge projects in the State that 4 are eligible for Federal funds under this sec- 5 tion; and 6 ‘‘(B) that crediting shall be conducted in 7 accordance with procedures established by the 8 Secretary.’’; and 9 (8) in subsection (g)— 10 (A) in the heading by striking ‘‘5,000’’ and 11 inserting ‘‘50,000’’; and 12 (B) in paragraph (1) by striking ‘‘sub- 13 section (d)(1)(A)(ii)’’ and all that follows 14 through the period at the end and inserting 15 ‘‘clauses (iii) and (iv) of subsection (d)(1)(A) 16 for each fiscal year may be obligated on roads 17 functionally classified as rural minor collectors 18 or local roads or on critical rural freight cor- 19 ridors designated under section 167(e).’’. 20 (b) CLERICAL AMENDMENT.—The analysis for chap- 21 ter 1 of title 23, United States Code, is amended by strik- 22 ing the item relating to section 133 and inserting the fol- 23 lowing: 24 ‘‘133. Surface transportation program.’’. (c) CONFORMING AMENDMENTS.— 25 354 •HR 3684 EH (1) ADVANCE ACQUISITION OF REAL PROP- 1 ERTY.—Section 108(c) of title 23, United States 2 Code, is amended— 3 (A) in paragraph (2)(A) by striking ‘‘block 4 grant’’; and 5 (B) in paragraph (3) by striking ‘‘block 6 grant’’. 7 (2) PUBLIC TRANSPORTATION.—Section 8 142(e)(2) of title 23, United States Code, is amend- 9 ed by striking ‘‘block grant’’. 10 (3) HIGHWAY USE TAX EVASION PROJECTS.— 11 Section 143(b)(8) of title 23, United States Code, is 12 amended in the heading by striking ‘‘BLOCK 13 GRANT’’. 14 (4) CONGESTION MITIGATION AND AIR QUALITY 15 IMPROVEMENT PROGRAM.—Section 149(d) of title 16 23, United States Code, is amended— 17 (A) in paragraph (1)(B) by striking ‘‘block 18 grant’’; and 19 (B) in paragraph (2)(A) by striking ‘‘block 20 grant’’. 21 (5) TERRITORIAL AND PUERTO RICO HIGHWAY 22 PROGRAM.—Section 165 of title 23, United States 23 Code, is amended— 24 355 •HR 3684 EH (A) in subsection (b)(2)(A)(ii) by striking 1 ‘‘block grant’’ each time such term appears; 2 and 3 (B) in subsection (c)(6)(A)(i) by striking 4 ‘‘block grant’’. 5 (6) MAGNETIC LEVITATION TRANSPORTATION 6 TECHNOLOGY DEPLOYMENT PROGRAM.—Section 7 322(h)(3) of title 23, United States Code, is amend- 8 ed by striking ‘‘block grant’’. 9 (7) TRAINING AND EDUCATION.—Section 10 504(a)(4) of title 23, United States Code, is amend- 11 ed by striking ‘‘block grant’’. 12 SEC. 1206. TRANSPORTATION ALTERNATIVES PROGRAM. 13 Section 133(h) of title 23, United States Code, is 14 amended to read as follows: 15 ‘‘(h) TRANSPORTATION ALTERNATIVES PROGRAM 16 SET-ASIDE.— 17 ‘‘(1) SET ASIDE.—For each fiscal year, of the 18 total funds apportioned to all States under section 19 104(b)(2) for a fiscal year, the Secretary shall set 20 aside an amount such that— 21 ‘‘(A) the Secretary sets aside a total 22 amount under this subsection for a fiscal year 23 equal to 10 percent of such total funds; and 24 356 •HR 3684 EH ‘‘(B) the State’s share of the amount set 1 aside under subparagraph (A) is determined by 2 multiplying the amount set aside under sub- 3 paragraph (A) by the ratio that— 4 ‘‘(i) the amount apportioned to the 5 State for the transportation enhancement 6 program for fiscal year 2009 under section 7 133(d)(2), as in effect on the day before 8 the date of enactment of MAP–21; bears 9 to 10 ‘‘(ii) the total amount of funds appor- 11 tioned to all States for the transportation 12 enhancements program for fiscal year 13 2009. 14 ‘‘(2) ALLOCATION WITHIN A STATE.— 15 ‘‘(A) IN GENERAL.—Except as provided in 16 subparagraph (B), funds set aside for a State 17 under paragraph (1) shall be obligated within 18 that State in the manner described in sub- 19 sections (d) and (e), except that, for purposes 20 of this paragraph (after funds are made avail- 21 able under paragraph (5))— 22 ‘‘(i) for each fiscal year, the percent- 23 age referred to in paragraph (1)(A) of sub- 24 357 •HR 3684 EH section (d) shall be deemed to be 66 per- 1 cent; and 2 ‘‘(ii) paragraph (3) of subsection (d) 3 shall not apply. 4 ‘‘(B) LOCAL CONTROL.— 5 ‘‘(i) IN GENERAL.—A State may make 6 available up to 100 percent of the funds 7 set aside under paragraph (1) to the enti- 8 ties described in subclause (I) if the State 9 submits to the Secretary, and the Sec- 10 retary approves, a plan that describes— 11 ‘‘(I) how such funds shall be 12 made available to metropolitan plan- 13 ning organizations, regional transpor- 14 tation planning organizations, coun- 15 ties, or other regional transportation 16 authorities; 17 ‘‘(II) how the entities described 18 in subclause (I) shall select projects 19 for funding and how such entities 20 shall report selected projects to the 21 State; 22 ‘‘(III) the legal, financial, and 23 technical capacity of such entities; and 24 358 •HR 3684 EH ‘‘(IV) the procedures in place to 1 ensure such entities comply with the 2 requirements of this title. 3 ‘‘(ii) REQUIREMENT.—A State that 4 makes funding available under a plan ap- 5 proved under this subparagraph shall make 6 available an equivalent amount of obliga- 7 tion authority to an entity described in 8 clause (i)(I) to whom funds are made 9 available under this subparagraph. 10 ‘‘(3) ELIGIBLE PROJECTS.—Funds set aside 11 under this subsection may be obligated for any of 12 the following projects or activities: 13 ‘‘(A) Construction, planning, and design of 14 on-road and off-road trail facilities for pedes- 15 trians, bicyclists, and other nonmotorized forms 16 of transportation, including sidewalks, bicycle 17 infrastructure, pedestrian and bicycle signals, 18 traffic calming techniques, lighting and other 19 safety-related infrastructure, and transportation 20 projects to achieve compliance with the Ameri- 21 cans with Disabilities Act of 1990 (42 U.S.C. 22 12101 et seq.). 23 ‘‘(B) Construction, planning, and design of 24 infrastructure-related projects and systems that 25 359 •HR 3684 EH will provide safe routes for nondrivers, includ- 1 ing children, older adults, and individuals with 2 disabilities to access daily needs. 3 ‘‘(C) Conversion and use of abandoned 4 railroad corridors for trails for pedestrians, 5 bicyclists, or other nonmotorized transportation 6 users. 7 ‘‘(D) Construction of turnouts, overlooks, 8 and viewing areas. 9 ‘‘(E) Community improvement activities, 10 including— 11 ‘‘(i) inventory, control, or removal of 12 outdoor advertising; 13 ‘‘(ii) historic preservation and reha- 14 bilitation of historic transportation facili- 15 ties; 16 ‘‘(iii) vegetation management prac- 17 tices in transportation rights-of-way to im- 18 prove roadway safety, prevent against 19 invasive species, facilitate wildfire control, 20 and provide erosion control; 21 ‘‘(iv) archaeological activities relating 22 to impacts from implementation of a trans- 23 portation project eligible under this title; 24 and 25 360 •HR 3684 EH ‘‘(v) the planting of trees, appropriate 1 to the region, in street medians, islands, 2 and along sidewalks in order to com- 3 plement traffic calming techniques. 4 ‘‘(F) Any environmental mitigation activ- 5 ity, including pollution prevention and pollution 6 abatement activities and mitigation to address 7 stormwater management, control, and water 8 pollution prevention or abatement related to 9 highway construction or due to highway runoff, 10 including activities described in sections 328(a) 11 and 329. 12 ‘‘(G) Projects and strategies to reduce ve- 13 hicle-caused wildlife mortality related to, or to 14 restore and maintain connectivity among terres- 15 trial or aquatic habitats affected by, a transpor- 16 tation facility otherwise eligible for assistance 17 under this subsection. 18 ‘‘(H) The recreational trails program 19 under section 206. 20 ‘‘(I) The safe routes to school program 21 under section 211. 22 ‘‘(J) Activities in furtherance of a vulner- 23 able road user assessment described in section 24 148. 25 361 •HR 3684 EH ‘‘(K) Any other projects or activities de- 1 scribed in section 101(a)(29) or section 213, as 2 such sections were in effect on the day before 3 the date of enactment of the FAST Act (Public 4 Law 114–94). 5 ‘‘(4) ACCESS TO FUNDS.— 6 ‘‘(A) IN GENERAL.—A State, metropolitan 7 planning organization required to obligate funds 8 in accordance with paragraph (2)(A), or an en- 9 tity required to obligate funds in accordance 10 with paragraph (2)(B) shall develop a competi- 11 tive process to allow eligible entities to submit 12 projects for funding that achieve the objectives 13 of this subsection. A metropolitan planning or- 14 ganization for an area described in subsection 15 (d)(1)(A)(i) shall select projects under such 16 process in consultation with the relevant State. 17 ‘‘(B) PRIORITY.—The processes described 18 in subparagraph (A) shall prioritize project lo- 19 cation and impact in low-income, transit-de- 20 pendent, or other high-need areas. 21 ‘‘(C) ELIGIBLE ENTITY DEFINED.—In this 22 paragraph, the term ‘eligible entity’ means— 23 ‘‘(i) a local government, including a 24 county or multi-county special district; 25 362 •HR 3684 EH ‘‘(ii) a regional transportation author- 1 ity; 2 ‘‘(iii) a transit agency; 3 ‘‘(iv) a natural resource or public land 4 agency; 5 ‘‘(v) a school district, local education 6 agency, or school; 7 ‘‘(vi) a tribal government; 8 ‘‘(vii) a metropolitan planning organi- 9 zation that serves an urbanized area with 10 a population of 200,000 or fewer; 11 ‘‘(viii) a nonprofit organization car- 12 rying out activities related to transpor- 13 tation; 14 ‘‘(ix) any other local or regional gov- 15 ernmental entity with responsibility for or 16 oversight of transportation or recreational 17 trails (other than a metropolitan planning 18 organization that serves an urbanized area 19 with a population of over 200,000 or a 20 State agency) that the State determines to 21 be eligible, consistent with the goals of this 22 subsection; and 23 ‘‘(x) a State, at the request of any en- 24 tity listed in clauses (i) through (ix). 25 363 •HR 3684 EH ‘‘(5) CONTINUATION OF CERTAIN REC- 1 REATIONAL TRAILS PROJECTS.— 2 ‘‘(A) IN GENERAL.—For each fiscal year, a 3 State shall— 4 ‘‘(i) obligate an amount of funds set 5 aside under this subsection equal to 175 6 percent of the amount of the funds appor- 7 tioned to the State for fiscal year 2009 8 under section 104(h)(2), as in effect on the 9 day before the date of enactment of MAP– 10 21, for projects relating to recreational 11 trails under section 206; 12 ‘‘(ii) return 1 percent of the funds de- 13 scribed in clause (i) to the Secretary for 14 the administration of such program; and 15 ‘‘(iii) comply with the provisions of 16 the administration of the recreational trails 17 program under section 206, including the 18 use of apportioned funds described in sub- 19 section (d)(3)(A) of such section. 20 ‘‘(B) STATE FLEXIBILITY.—A State may 21 opt out of the recreational trails program under 22 this paragraph if the Governor of the State no- 23 tifies the Secretary not later than 30 days prior 24 364 •HR 3684 EH to the date on which an apportionment is made 1 under section 104 for any fiscal year. 2 ‘‘(6) IMPROVING ACCESSIBILITY AND EFFI- 3 CIENCY.— 4 ‘‘(A) IN GENERAL.—A State may use an 5 amount equal to not more than 5 percent of the 6 funds set aside for the State under this sub- 7 section, after allocating funds in accordance 8 with paragraph (2)(A), to improve the ability of 9 applicants to access funding for projects under 10 this subsection in an efficient and expeditious 11 manner by providing— 12 ‘‘(i) to applicants for projects under 13 this subsection application assistance, tech- 14 nical assistance, and assistance in reducing 15 the period of time between the selection of 16 the project and the obligation of funds for 17 the project; and 18 ‘‘(ii) funding for one or more full-time 19 State employee positions to administer this 20 subsection. 21 ‘‘(B) USE OF FUNDS.—Amounts used 22 under subparagraph (A) may be expended— 23 ‘‘(i) directly by the State; or 24 365 •HR 3684 EH ‘‘(ii) through contracts with State 1 agencies, private entities, or nonprofit enti- 2 ties. 3 ‘‘(C) IMPROVING PROJECT DELIVERY.— 4 ‘‘(i) IN GENERAL.—The Secretary 5 shall take such action as may be necessary, 6 consistent with Federal requirements, to 7 facilitate efficient and timely delivery of 8 projects under this subsection that are 9 small, low impact, and constructed within 10 an existing built environment. 11 ‘‘(ii) CONSIDERATIONS.—The Sec- 12 retary shall consider the use of pro- 13 grammatic agreements, expedited or alter- 14 native procurement processes (including 15 project bundling), and other effective prac- 16 tices to facilitate the goals of this para- 17 graph. 18 ‘‘(7) FEDERAL SHARE.— 19 ‘‘(A) FLEXIBLE MATCH.— 20 ‘‘(i) IN GENERAL.—Notwithstanding 21 section 120— 22 ‘‘(I) the non-Federal share for a 23 project under this subsection may be 24 366 •HR 3684 EH calculated on a project, multiple- 1 project, or program basis; and 2 ‘‘(II) the Federal share of the 3 cost of an individual project in this 4 subsection may be up to 100 percent. 5 ‘‘(ii) AGGREGATE NON-FEDERAL 6 SHARE.—The average annual non-Federal 7 share of the total cost of all projects for 8 which funds are obligated under this sub- 9 section in a State for a fiscal year shall be 10 not less than the non-Federal share au- 11 thorized for the State under section 120. 12 ‘‘(iii) REQUIREMENT.—This subpara- 13 graph shall only apply to a State if such 14 State has adequate financial controls, as 15 certified by the Secretary, to account for 16 the average annual non-Federal share 17 under this subparagraph. 18 ‘‘(B) SAFETY PROJECTS.—Notwith- 19 standing section 120, funds made available to 20 carry out section 148 may be credited toward 21 the non-Federal share of the costs of a project 22 under this subsection if the project— 23 ‘‘(i) is a project described in section 24 148(e)(1); and 25 367 •HR 3684 EH ‘‘(ii) is consistent with the State stra- 1 tegic highway safety plan (as defined in 2 section 148(a)). 3 ‘‘(8) FLEXIBILITY.— 4 ‘‘(A) STATE AUTHORITY.— 5 ‘‘(i) IN GENERAL.—A State may use 6 not more than 50 percent of the funds set 7 aside under this subsection that are avail- 8 able for obligation in any area of the State 9 (suballocated consistent with the require- 10 ments of subsection (d)(1)(B)) for any 11 purpose eligible under subsection (b). 12 ‘‘(ii) RESTRICTION.—Funds may be 13 used as described in clause (i) only if the 14 State demonstrates to the Secretary— 15 ‘‘(I) that the State held a com- 16 petition in compliance with the re- 17 quirements of this subsection in such 18 form as the Secretary determines ap- 19 propriate; 20 ‘‘(II) that the State offered tech- 21 nical assistance to all eligible entities 22 and provided such assistance upon re- 23 quest by an eligible entity; and 24 368 •HR 3684 EH ‘‘(III) that there were not suffi- 1 cient suitable applications from eligi- 2 ble entities to use the funds described 3 in clause (i). 4 ‘‘(B) MPO AUTHORITY.— 5 ‘‘(i) IN GENERAL.—A metropolitan 6 planning organization that represents an 7 urbanized area with a population of great- 8 er than 200,000 may use not more than 9 50 percent of the funds set aside under 10 this subsection for an urbanized area de- 11 scribed in subsection (d)(1)(A)(i) for any 12 purpose eligible under subsection (b). 13 ‘‘(ii) RESTRICTION.—Funds may be 14 used as described in clause (i) only if the 15 Secretary certifies that the metropolitan 16 planning organization— 17 ‘‘(I) held a competition in compli- 18 ance with the requirements of this 19 subsection in such form as the Sec- 20 retary determines appropriate; and 21 ‘‘(II) demonstrates that there 22 were not sufficient suitable applica- 23 tions from eligible entities to use the 24 funds described in clause (i). 25 369 •HR 3684 EH ‘‘(9) ANNUAL REPORTS.— 1 ‘‘(A) IN GENERAL.—Each State or metro- 2 politan planning organization responsible for 3 carrying out the requirements of this subsection 4 shall submit to the Secretary an annual report 5 that describes— 6 ‘‘(i) the number of project applica- 7 tions received for each fiscal year, includ- 8 ing— 9 ‘‘(I) the aggregate cost of the 10 projects for which applications are re- 11 ceived; and 12 ‘‘(II) the types of projects by eli- 13 gibility category to be carried out, ex- 14 pressed as percentages of the total ap- 15 portionment of the State under this 16 subsection; and 17 ‘‘(ii) the list of each project selected 18 for funding for each fiscal year, including 19 specifying the fiscal year for which the 20 project was selected, the fiscal year in 21 which the project is anticipated to be fund- 22 ed, the recipient, the funding sources (in- 23 cluding non-Federal match), the project 24 status, the specific location, the congres- 25 370 •HR 3684 EH sional district, the type by eligibility cat- 1 egory, and a brief description. 2 ‘‘(B) PUBLIC AVAILABILITY.—The Sec- 3 retary shall make available to the public, in a 4 user-friendly format on the website of the De- 5 partment of Transportation, a copy of each an- 6 nual report submitted under subparagraph 7 (A).’’. 8 SEC. 1207. BRIDGE INVESTMENT. 9 (a) IN GENERAL.—Section 144 of title 23, United 10 States Code, is amended— 11 (1) in the section heading by striking ‘‘Na- 12 tional bridge and tunnel inventory and 13 inspection standards’’ and inserting 14 ‘‘Bridges and tunnels’’; 15 (2) in subsection (a)(1)(B) by striking ‘‘defi- 16 cient’’; 17 (3) in subsection (b)(5) by striking ‘‘struc- 18 turally deficient bridge’’ and inserting ‘‘bridge classi- 19 fied as in poor condition’’; 20 (4) in subsection (d)— 21 (A) in paragraph (2) by striking ‘‘Not 22 later than 2 years after the date of enactment 23 of the MAP–21, each’’ and inserting ‘‘Each’’; 24 and 25 371 •HR 3684 EH (B) by striking paragraph (4); 1 (5) in subsection (j)— 2 (A) in paragraph (2) by inserting ‘‘, 124,’’ 3 after ‘‘section 119’’; 4 (B) in paragraph (3)(A) by inserting ‘‘, 5 124,’’ after ‘‘section 119’’; and 6 (C) in paragraph (5) by striking ‘‘financial 7 characteristics’’ and all that follows through the 8 end and inserting ‘‘Federal share.’’; and 9 (6) by adding at the end the following: 10 ‘‘(l) HIGHWAY BRIDGE REPLACEMENT AND REHA- 11 BILITATION.— 12 ‘‘(1) GOALS.—The goals of this subsection shall 13 be to— 14 ‘‘(A) support the achievement of a state of 15 good repair for the Nation’s bridges; 16 ‘‘(B) improve the safety, efficiency, and re- 17 liability of the movement of people and freight 18 over bridges; 19 ‘‘(C) improve the condition of bridges in 20 the United States by reducing— 21 ‘‘(i) the number of bridges— 22 ‘‘(I) in poor condition; or 23 ‘‘(II) in fair condition and at risk 24 of falling into poor condition; 25 372 •HR 3684 EH ‘‘(ii) the total person miles traveled 1 over bridges— 2 ‘‘(I) in poor condition; or 3 ‘‘(II) in fair condition and at risk 4 of falling into poor condition; 5 ‘‘(iii) the number of bridges that— 6 ‘‘(I) do not meet current geo- 7 metric design standards; or 8 ‘‘(II) cannot meet the load and 9 traffic requirements typical of the re- 10 gional transportation network; and 11 ‘‘(iv) the total person miles traveled 12 over bridges that— 13 ‘‘(I) do not meet current geo- 14 metric design standards; or 15 ‘‘(II) cannot meet the load and 16 traffic requirements typical of the re- 17 gional transportation network; and 18 ‘‘(D) increase the resilience of bridges, in- 19 cluding the ability to withstand disruptions 20 from a seismic event. 21 ‘‘(2) BRIDGES ON PUBLIC ROADS.— 22 ‘‘(A) MINIMUM BRIDGE INVESTMENT.— 23 Excluding the amounts described in subpara- 24 graph (C), of the total funds apportioned to a 25 373 •HR 3684 EH State under paragraphs (1) and (2) of section 1 104(b) for fiscal years 2023 to 2026, a State 2 shall obligate not less than 20 percent for 3 projects described in subparagraph (E). 4 ‘‘(B) PROGRAM FLEXIBILITY.—A State re- 5 quired to obligate funds under subparagraph 6 (A) may use any combination of funds appor- 7 tioned to a State under paragraphs (1) and (2) 8 of section 104(b). 9 ‘‘(C) LIMITATION.—Amounts described 10 below may not be used for the purposes of cal- 11 culating 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 20 in this section shall be construed to prohibit the 21 expenditure of funds described in subparagraph 22 (C) for bridge projects eligible under such sec- 23 tion. 24 374 •HR 3684 EH ‘‘(E) ELIGIBLE PROJECTS.—Funds re- 1 quired to be obligated in accordance with para- 2 graph (2)(A) may be obligated for projects or 3 activities 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 25 375 •HR 3684 EH bridge and reduce preservation costs, 1 as compared to conventionally de- 2 signed 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/ 10 formate, or other environmentally ac- 11 ceptable, minimally corrosive anti- 12 icing 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 meas- 23 ures for bridges; 24 376 •HR 3684 EH ‘‘(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 clas- 6 sified 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 10 subsection (j) to satisfy the requirements of 11 subparagraph (A), if each project in the bundle 12 is otherwise eligible under subparagraph (E). 13 ‘‘(G) FLEXIBILITY.—The Secretary may, 14 at the request of a State, reduce the required 15 obligation 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 24 377 •HR 3684 EH ‘‘(iii) the State demonstrates that it 1 has inadequate needs to justify the expend- 2 iture. 3 ‘‘(H) BRIDGE INVESTMENT REPORT.—The 4 Secretary shall annually publish on the website 5 of the Department of Transportation a bridge 6 investment report that includes— 7 ‘‘(i) the total Federal funding obli- 8 gated for bridge projects in the most re- 9 cent fiscal year, on a State-by-State basis 10 and broken out by Federal program; 11 ‘‘(ii) the total Federal funding obli- 12 gated, on a State-by-State basis and bro- 13 ken out by Federal program, for bridge 14 projects carried out pursuant to the min- 15 imum bridge investment requirements 16 under subparagraph (A); 17 ‘‘(iii) the progress made by each State 18 toward meeting the minimum bridge in- 19 vestment requirement under subparagraph 20 (A) for such State, both cumulatively and 21 for the most recent fiscal year; 22 ‘‘(iv) a summary of— 23 ‘‘(I) each request made under 24 subparagraph (G) by a State for a re- 25 378 •HR 3684 EH duction in the minimum bridge invest- 1 ment requirement under subpara- 2 graph (A); and 3 ‘‘(II) for each request described 4 in subclause (I) that is granted by the 5 Secretary— 6 ‘‘(aa) the percentage and 7 dollar amount of the reduction; 8 and 9 ‘‘(bb) an explanation of how 10 the State met each of the criteria 11 described in subparagraph (G); 12 and 13 ‘‘(v) a summary of— 14 ‘‘(I) each request made by a 15 State for a reduction in the obligation 16 requirements under section 133(f); 17 and 18 ‘‘(II) for each request that is 19 granted by the Secretary— 20 ‘‘(aa) the percentage and 21 dollar amount of the reduction; 22 and 23 ‘‘(bb) an explanation of how 24 the Secretary made the deter- 25 379 •HR 3684 EH mination under section 1 133(f)(2)(B). 2 ‘‘(I) OFF-SYSTEM BRIDGES.—A State may 3 apply amounts obligated under this subsection 4 or section 133(f)(2)(A) to the obligation re- 5 quirements of both this subsection and section 6 133(f). 7 ‘‘(J) NHS PENALTY.—A State may apply 8 amounts obligated under this subsection or sec- 9 tion 119(f)(2) to the obligation requirements of 10 both this subsection and section 119(f)(2). 11 ‘‘(K) COMPLIANCE.—If a State fails to 12 satisfy the requirements of subparagraph (A) 13 by the end of fiscal year 2025, the Secretary 14 may subject the State to appropriate program 15 sanctions under section 1.36 of title 23, Code of 16 Federal Regulations (or successor regula- 17 tions).’’. 18 (b) CLERICAL AMENDMENT.—The analysis for chap- 19 ter 1 of title 23, United States Code, is amended by strik- 20 ing the item relating to section 144 and inserting the fol- 21 lowing: 22 ‘‘144. Bridges and tunnels.’’. 380 •HR 3684 EH SEC. 1208. CONSTRUCTION OF FERRY BOATS AND FERRY 1 TERMINAL FACILITIES. 2 Section 147 of title 23, United States Code, is 3 amended— 4 (1) by striking subsection (h); and 5 (2) by redesignating subsections (i) and (j) as 6 subsections (h) and (i), respectively. 7 SEC. 1209. HIGHWAY SAFETY IMPROVEMENT PROGRAM. 8 (a) IN GENERAL.—Section 148 of title 23, United 9 States Code, is amended— 10 (1) in subsection (a)— 11 (A) in paragraph (4)(B)— 12 (i) by striking ‘‘only includes a 13 project’’ and inserting ‘‘includes a 14 project’’; 15 (ii) in clause (xiii) by inserting ‘‘, in- 16 cluding the development of a vulnerable 17 road user safety assessment or a vision 18 zero plan under section 1601 of the IN- 19 VEST in America Act’’ after ‘‘safety plan- 20 ning’’; 21 (iii) by amending clause (xviii) to read 22 as follows: 23 ‘‘(xviii) Safe routes to school infra- 24 structure-related projects eligible under 25 section 211.’’; 26 381 •HR 3684 EH (iv) in clause (xxvi) by inserting ‘‘or 1 leading pedestrian intervals’’ after ‘‘hybrid 2 beacons’’; and 3 (v) by striking clause (xxviii) and in- 4 serting the following: 5 ‘‘(xxviii) A pedestrian security feature 6 designed to slow or stop a motor vehicle. 7 ‘‘(xxix) Installation of infrastructure 8 improvements, including sidewalks, cross- 9 walks, signage, and bus stop shelters or 10 protected waiting areas.’’; 11 (B) in paragraph (11)— 12 (i) in subparagraph (A)— 13 (I) in clause (ix) by striking 14 ‘‘and’’ at the end; 15 (II) by redesignating clause (x) 16 as clause (xi); and 17 (III) by inserting after clause (ix) 18 the following: 19 ‘‘(x) State or local representatives of 20 educational agencies to address safe routes 21 to school and schoolbus safety; and’’; 22 (ii) in subparagraph (E) by inserting 23 ‘‘Tribal,’’ after ‘‘State,’’; 24 382 •HR 3684 EH (iii) by redesignating subparagraphs 1 (G), (H), and (I) as subparagraphs (H), 2 (I), and (J), respectively; and 3 (iv) by inserting after subparagraph 4 (F) the following: 5 ‘‘(G) includes a vulnerable road user safety 6 assessment described under paragraph (16);’’; 7 (C) by redesignating paragraphs (10), 8 (11), and (12) as paragraphs (12), (13), and 9 (14), respectively; 10 (D) by inserting after paragraph (9) the 11 following: 12 ‘‘(10) SAFE SYSTEM APPROACH.—The term 13 ‘safe system approach’ means a roadway design that 14 emphasizes minimizing the risk of injury or fatality 15 to road users and that— 16 ‘‘(A) takes into consideration the possi- 17 bility and likelihood of human error; 18 ‘‘(B) accommodates human injury toler- 19 ance by taking into consideration likely crash 20 types, resulting impact forces, and the human 21 body’s ability to withstand such forces; and 22 ‘‘(C) takes into consideration vulnerable 23 road users. 24 ‘‘(11) SPECIFIED SAFETY PROJECT.— 25 383 •HR 3684 EH ‘‘(A) IN GENERAL.—The term ‘specified 1 safety project’ means a project carried out for 2 the purpose of safety under any other section of 3 this title that is consistent with the State stra- 4 tegic highway safety plan. 5 ‘‘(B) INCLUSION.—The term ‘specified 6 safety project’ includes a project that— 7 ‘‘(i) promotes public awareness and 8 informs the public regarding highway safe- 9 ty matters (including safety for motorcy- 10 clists, bicyclists, pedestrians, individuals 11 with disabilities, and other road users); 12 ‘‘(ii) facilitates enforcement of traffic 13 safety laws; 14 ‘‘(iii) provides infrastructure and in- 15 frastructure-related equipment to support 16 emergency services; 17 ‘‘(iv) conducts safety-related research 18 to evaluate experimental safety counter- 19 measures or equipment; or 20 ‘‘(v) supports safe routes to school 21 noninfrastructure-related activities de- 22 scribed under section 211(e)(2).’’; and 23 (E) by adding at the end the following: 24 384 •HR 3684 EH ‘‘(15) TRANSPORTATION MANAGEMENT AREA.— 1 The term ‘transportation management area’ means 2 an area designated under section 134(k). 3 ‘‘(16) VULNERABLE ROAD USER.—The term 4 ‘vulnerable road user’ means a nonmotorist— 5 ‘‘(A) with a fatality analysis reporting sys- 6 tem person attribute code that is included in 7 the definition of the term ‘number of non-mo- 8 torized fatalities’ in section 490.205 of title 23, 9 Code of Federal Regulations (or successor regu- 10 lation); or 11 ‘‘(B) described in the term ‘number of 12 non-motorized serious injuries’ in such section. 13 ‘‘(17) VULNERABLE ROAD USER SAFETY AS- 14 SESSMENT.—The term ‘vulnerable road user safety 15 assessment’ means an assessment of the safety per- 16 formance of the State or a metropolitan planning or- 17 ganization within the State with respect to vulner- 18 able road users and the plan of the State or metro- 19 politan planning organization to improve the safety 20 of vulnerable road users described in subsection 21 (l).’’; 22 (2) in subsection (c)— 23 (A) in paragraph (1) by striking ‘‘(a)(11)’’ 24 and inserting ‘‘(a)(13)’’; and 25 385 •HR 3684 EH (B) in paragraph (2)— 1 (i) in subparagraph (A)(vi) by insert- 2 ing ‘‘, consistent with the vulnerable road 3 user safety assessment’’ after ‘‘non- 4 motorized crashes’’; 5 (ii) in subparagraph (B)(i)— 6 (I) by inserting ‘‘, consistent with 7 a safe system approach,’’ after ‘‘iden- 8 tify’’; 9 (II) by inserting ‘‘excessive de- 10 sign speeds and speed limits,’’ after 11 ‘‘crossing needs,’’; and 12 (III) by striking ‘‘motorists (in- 13 cluding motorcyclists), bicyclists, pe- 14 destrians, and other highway users’’ 15 and inserting ‘‘road users’’; and 16 (iii) in subparagraph (D)(iii) by strik- 17 ing ‘‘motorists (including motorcyclists), 18 bicyclists, pedestrians, persons with disabil- 19 ities, and other highway users’’ and insert- 20 ing ‘‘road users’’; 21 (3) in subsection (d)— 22 (A) in paragraph (1)— 23 (i) in subparagraph (A) by striking 24 ‘‘Not later than 1 year after the date of 25 386 •HR 3684 EH enactment of the MAP–21, the’’ and in- 1 serting ‘‘The’’; and 2 (ii) in subparagraph (B)— 3 (I) in clause (iv) by inserting 4 ‘‘and serious injury’’ after ‘‘fatality’’; 5 (II) in clause (vii) by striking ‘‘; 6 and’’ and inserting a semicolon; 7 (III) by redesignating clause 8 (viii) as clause (ix); and 9 (IV) by inserting after clause 10 (vii) the following: 11 ‘‘(viii) the findings of a vulnerable 12 road user safety assessment of the State; 13 and’’; and 14 (B) in paragraph (2)(B)(i) by striking 15 ‘‘subsection (a)(11)’’ and inserting ‘‘subsection 16 (a)(13)’’; 17 (4) in subsection (e)— 18 (A) in paragraph (1)(C) by striking ‘‘, 19 without regard to whether the project is in- 20 cluded in an applicable State strategic highway 21 safety plan’’; and 22 (B) by adding at the end the following: 23 ‘‘(3) FLEXIBLE FUNDING FOR SPECIFIED SAFE- 24 TY PROJECTS.— 25 387 •HR 3684 EH ‘‘(A) IN GENERAL.—To advance the imple- 1 mentation of a State strategic highway safety 2 plan, a State may use not more than 10 percent 3 of the amounts apportioned to the State under 4 section 104(b)(3) for a fiscal year to carry out 5 specified safety projects. 6 ‘‘(B) RULE OF STATUTORY CONSTRUC- 7 TION.—Nothing in this paragraph shall be con- 8 strued to require a State to revise any State 9 process, plan, or program in effect on the date 10 of enactment of this paragraph. 11 ‘‘(C) EFFECT OF PARAGRAPH.— 12 ‘‘(i) REQUIREMENTS.—A project 13 funded under this paragraph shall be sub- 14 ject to all requirements under this section 15 that apply to a highway safety improve- 16 ment project. 17 ‘‘(ii) OTHER APPORTIONED PRO- 18 GRAMS.—Subparagraph (A) shall not apply 19 to amounts that may be obligated for non- 20 infrastructure projects apportioned under 21 any other paragraph of section 104(b).’’; 22 (5) in subsection (g)— 23 (A) by amending paragraph (1) to read as 24 follows: 25 388 •HR 3684 EH ‘‘(1) HIGH-RISK RURAL ROAD SAFETY.— 1 ‘‘(A) IN GENERAL.—If the Secretary deter- 2 mines that the fatality rate on rural roads in a 3 State for the most recent 2-year period for 4 which data are available exceeds the median fa- 5 tality rate for rural roads among all States, 6 such State shall be required to— 7 ‘‘(i) obligate over the 2 fiscal years 8 following the fiscal year in which such de- 9 termination is made for projects on high- 10 risk rural roads an amount not less than 11 7.5 percent of the amounts apportioned to 12 the State under section 104(b)(3) for fiscal 13 year 2020; and 14 ‘‘(ii) include, in the subsequent update 15 to the State strategic highway safety plan, 16 strategies to reduce the fatality rate. 17 ‘‘(B) SOURCE OF FUNDS.—Any amounts 18 obligated under subparagraph (A) shall be from 19 amounts described under section 133(d)(1)(B). 20 ‘‘(C) ANNUAL DETERMINATION.—The de- 21 termination described under subparagraph (A) 22 shall be made on an annual basis. 23 ‘‘(D) CONSULTATION.—In carrying out a 24 project with an amount obligated under sub- 25 389 •HR 3684 EH paragraph (A), a State shall consult with, as 1 applicable, local governments, metropolitan 2 planning organizations, and regional transpor- 3 tation planning organizations.’’; 4 (B) in paragraph (2)— 5 (i) in the heading by striking ‘‘DRIV- 6 ERS’’ and inserting ‘‘ROAD USERS’’; 7 (ii) by striking ‘‘drivers and pedes- 8 trians’’ and inserting ‘‘road users’’; and 9 (iii) by striking ‘‘address the increases 10 in’’ and inserting ‘‘reduce’’; and 11 (C) by adding at the end the following: 12 ‘‘(3) VULNERABLE ROAD USER SAFETY.— 13 ‘‘(A) HIGH RISK STATES.— 14 ‘‘(i) ANNUAL DETERMINATION.—Be- 15 ginning on the date of enactment of the 16 INVEST in America Act, the Secretary 17 shall determine on an annual basis whether 18 the number of vulnerable road user fatali- 19 ties and serious injuries per capita in a 20 State over the most recent 2-year period 21 for which data are available exceeds the 22 median number fatalities in all such areas 23 over such 2-year period. 24 390 •HR 3684 EH ‘‘(ii) OBLIGATION REQUIREMENT.—If 1 the Secretary determines that the number 2 of vulnerable road user fatalities and seri- 3 ous injuries per capita in a State over the 4 most recent 2-year period for which data 5 are available exceeds the median number of 6 such fatalities and serious injuries per cap- 7 ita over such 2-year period among all 8 States, that State shall be required to obli- 9 gate over the 2 fiscal years following the 10 fiscal year in which such determination is 11 made an amount that is not less than 50 12 percent of the amount set aside in such 13 State under section 133(h)(1) for fiscal 14 year 2020 (less any amounts obligated for 15 projects in that State as required by sub- 16 paragraph (B)(ii)) for— 17 ‘‘(I) in the first two fiscal years 18 after the enactment of the INVEST 19 in America Act— 20 ‘‘(aa) performing the vulner- 21 able road user safety assessment 22 as required by subsection (l); 23 ‘‘(bb) providing matching 24 funds for transportation alter- 25 391 •HR 3684 EH natives safety projects as identi- 1 fied in section 133(h)(7)(B); or 2 ‘‘(cc) projects eligible under 3 subparagraphs (A), (B), (C), or 4 (I) of section 133(h); and 5 ‘‘(II) in each 2-year period there- 6 after, projects identified in the pro- 7 gram of projects described in sub- 8 section (l)(2)(C). 9 ‘‘(B) HIGH RISK AREAS.— 10 ‘‘(i) ANNUAL DETERMINATION.—The 11 Secretary shall determine on an annual 12 basis whether the number of vulnerable 13 road user fatalities per capita in a trans- 14 portation management area over the most 15 recent 2-year period for which data are 16 available exceeds the median number fa- 17 talities in all such areas over such 2-year 18 period. 19 ‘‘(ii) OBLIGATION REQUIREMENT.—If 20 the Secretary determines that the number 21 of vulnerable road user fatalities per capita 22 in the transportation management area 23 over the most recent 2-year period for 24 which data are available exceeds the me- 25 392 •HR 3684 EH dian number of such fatalities over such 2- 1 year period among all such areas, then 2 there shall be required to be obligated over 3 the 2 fiscal years following the fiscal year 4 in which such determination is made, for 5 projects identified in the program of 6 projects described in subsection (l)(7)(C), 7 an amount that is not less than 50 percent 8 of the amount set aside for that urbanized 9 area under section 133(h)(2) for fiscal 10 year 2020. 11 ‘‘(iii) APPLICABILITY.—The obligation 12 requirement described in clause (ii) shall 13 not take effect until the subject metropoli- 14 tan planning organization has developed 15 the vulnerable road user safety assessment 16 described in subsection (l)(7). 17 ‘‘(C) SOURCE OF FUNDS.— 18 ‘‘(i) IN GENERAL.—Any amounts re- 19 quired to be obligated under this para- 20 graph shall be from amounts apportioned 21 under section 104(b) except for— 22 ‘‘(I) amounts described in section 23 133(d)(1)(A); and 24 393 •HR 3684 EH ‘‘(II) amounts set aside under 1 section 133(h). 2 ‘‘(ii) AREAS IN A HIGH RISK STATE.— 3 If an area subject to the obligation require- 4 ment described in subparagraph (B)(ii) is 5 located in a State required to obligate 6 funds to vulnerable road user safety under 7 subparagraph (A)(ii), any obligations in 8 such State for projects identified in the 9 program of projects described in subsection 10 (l)(7)(C) shall count toward such State’s 11 obligation requirement under subparagraph 12 (A)(ii).’’; 13 (6) in subsection (h)(1)(A)— 14 (A) by inserting ‘‘, including any efforts to 15 reduce vehicle speed’’ after ‘‘under this sec- 16 tion’’; and 17 (B) by inserting ‘‘and projects identified 18 under a vulnerable road user safety assess- 19 ment’’ after ‘‘projects’’; and 20 (7) by adding at the end the following: 21 ‘‘(l) VULNERABLE ROAD USER SAFETY ASSESS- 22 MENT.— 23 ‘‘(1) IN GENERAL.—Not later than 1 year after 24 date of enactment of the INVEST in America Act, 25 394 •HR 3684 EH each State shall create a vulnerable road user safety 1 assessment. 2 ‘‘(2) CONTENTS.—A vulnerable road user safety 3 assessment required under paragraph (1) shall in- 4 clude— 5 ‘‘(A) a description of the location within 6 the State of each vulnerable road user fatality 7 and serious injury, including, if available, the 8 design speed of the roadway at any such loca- 9 tion; 10 ‘‘(B) a description of any corridors identi- 11 fied by a State, in coordination with local gov- 12 ernments, metropolitan planning organizations, 13 and regional transportation planning organiza- 14 tions that pose a high risk of a vulnerable road 15 user fatality or serious injury, including, if 16 available, the design speeds of such corridors; 17 and 18 ‘‘(C) a program of projects or strategies to 19 reduce safety risks to vulnerable road users in 20 corridors identified under subparagraph (B), in 21 coordination with local governments, metropoli- 22 tan planning organizations, and regional trans- 23 portation planning organizations that represent 24 395 •HR 3684 EH a high-risk area identified under subparagraph 1 (B). 2 ‘‘(3) ANALYSIS.—In creating a vulnerable road 3 user safety assessment under this subsection, a 4 State shall assess the last 5 years of available data. 5 ‘‘(4) REQUIREMENTS.—In creating a vulnerable 6 road user safety assessment under this subsection, a 7 State shall— 8 ‘‘(A) take into consideration a safe system 9 approach; and 10 ‘‘(B) coordinate with local governments, 11 metropolitan planning organizations, and re- 12 gional transportation planning organizations 13 that represent a high-risk area identified under 14 paragraph (2)(B). 15 ‘‘(5) UPDATE.—A State shall update a vulner- 16 able road user safety assessment on the same sched- 17 ule as the State updates the State strategic highway 18 safety plan. 19 ‘‘(6) TRANSPORTATION SYSTEM ACCESS.—The 20 program of projects developed under paragraph 21 (2)(C) may not degrade transportation system ac- 22 cess for vulnerable road users. 23 ‘‘(7) URBANIZED AREA ASSESSMENTS.— 24 396 •HR 3684 EH ‘‘(A) IN GENERAL.—A metropolitan plan- 1 ning organization representing a transportation 2 management area shall, in consultation with 3 local governments in such area, complete a vul- 4 nerable road user safety assessment based on 5 the most recent 5 years of available data at 6 least once every 4 years. 7 ‘‘(B) CONTENTS.—The assessment com- 8 pleted under subparagraph (A) shall include— 9 ‘‘(i) a description of the location with- 10 in the area of each vulnerable road user fa- 11 tality and, if available, serious injury; 12 ‘‘(ii) a description of any corridors 13 that represent a high-risk area identified 14 under paragraph (2)(B) or have otherwise 15 been identified by the metropolitan plan- 16 ning organization or local government that 17 pose a high risk of a vulnerable road user 18 fatality or serious injury; and 19 ‘‘(iii) a program of projects or strate- 20 gies to reduce safety risks to vulnerable 21 road users in corridors identified under 22 subparagraph (B).’’. 23 (b) TECHNICAL AMENDMENT.—Section 148 of title 24 23, United States Code, is amended— 25 397 •HR 3684 EH (1) in the heading for subsection (a)(8) by 1 striking ‘‘ROAD USERS’’ and inserting ‘‘ROAD 2 USER’’; and 3 (2) in subsection (i)(2)(D) by striking ‘‘safety 4 safety’’ and inserting ‘‘safety’’. 5 (c) HIGH-RISK RURAL ROADS.— 6 (1) STUDY.—Not later than 2 years after the 7 date of enactment of this Act, the Secretary of 8 Transportation shall update the study described in 9 paragraph (1) of section 1112(b) of MAP–21 (23 10 U.S.C. 148 note). 11 (2) PUBLICATION OF REPORT.—Not later than 12 2 years after the date of enactment of this Act, the 13 Secretary shall publish on the website of the Depart- 14 ment of Transportation an updated report of the re- 15 port described in paragraph (2) of section 1112(b) 16 of MAP–21 (23 U.S.C. 148 note). 17 (3) BEST PRACTICES MANUAL.—Not later than 18 180 days after the date of submission of the report 19 described in paragraph (2), the Secretary shall up- 20 date the best practices manual described in section 21 1112(b)(3) of MAP–21 (23 U.S.C. 148 note). 22 398 •HR 3684 EH SEC. 1210. CONGESTION MITIGATION AND AIR QUALITY IM- 1 PROVEMENT PROGRAM. 2 Section 149 of title 23, United States Code, is 3 amended— 4 (1) in subsection (b)— 5 (A) in paragraph (1)(A)(ii) by striking 6 ‘‘subsection (h)’’ and inserting ‘‘subsection (i)’’; 7 (B) by striking paragraph (7) and insert- 8 ing the following: 9 ‘‘(7) if the project or program utilizes transpor- 10 tation demand management strategies, shifts traffic 11 demand to nonpeak hours or other transportation 12 modes, increases vehicle occupancy rates, or other- 13 wise reduces demand for roads through such means 14 as telecommuting, ridesharing, carsharing, shared 15 micromobility (including bikesharing and shared 16 scooter systems), publicly accessible charging sta- 17 tions, docks, and storage for electric bicycles and 18 micromobility devices, alternative work hours, and 19 pricing;’’; and 20 (C) in paragraph (8)(B) by striking ‘‘; or’’ 21 and inserting a semicolon; 22 (D) in paragraph (9) by striking the period 23 and inserting a semicolon; and 24 (E) by adding at the end the following: 25 399 •HR 3684 EH ‘‘(10) if the project or program mitigates sea- 1 sonal or temporary traffic congestion from long-haul 2 travel or tourism; 3 ‘‘(11) if the project or program is for the point- 4 of-sale purchase of zero-emission medium- and 5 heavy-duty vehicles or related zero-emission oper- 6 ations equipment, or supports battery electric charg- 7 ing or fuel cell electric refueling infrastructure and 8 related equipment for medium- and heavy-duty vehi- 9 cles in projects or programs such as depot infra- 10 structure and infrastructure along routes servicing 11 regional freight hubs; or 12 ‘‘(12) if the project or program of projects in- 13 volves the deployment of hyperlocal air quality mo- 14 bile monitoring systems primarily to monitor trans- 15 portation-related emissions.’’; 16 (2) in subsection (c)— 17 (A) in paragraph (2)— 18 (i) in the heading by inserting ‘‘, HY- 19 DROGEN VEHICLE,’’ after ‘‘ELECTRIC VE- 20 HICLE’’; 21 (ii) by inserting ‘‘hydrogen or’’ after 22 ‘‘charging stations or’’; and 23 (iii) by inserting ‘‘, hydrogen-pow- 24 ered,’’ after ‘‘battery powered’’; and 25 400 •HR 3684 EH (B) in paragraph (3) by inserting ‘‘, and is 1 consistent with section 166’’ after ‘‘travel 2 times’’; and 3 (3) by striking subsection (m) and inserting the 4 following: 5 ‘‘(m) OPERATING ASSISTANCE.— 6 ‘‘(1) PROJECTS.—A State may obligate funds 7 apportioned under section 104(b)(4) in an area of 8 such State that is otherwise eligible for obligations 9 of such funds for operating costs under chapter 53 10 of title 49 or on a system for which CMAQ funding 11 was made available, obligated, or expended in fiscal 12 year 2012, or, notwithstanding subsection (b), on a 13 State-supported Amtrak route with a cost-sharing 14 agreement under section 209 of the Passenger Rail 15 Investment and Improvement Act of 2008 or alter- 16 native cost allocation under section 24712(g)(3) of 17 title 49. 18 ‘‘(2) TIME LIMITATION.—In determining the 19 amount of time for which a State may obligate funds 20 under paragraph (1) for operating assistance for an 21 area of a State or on a system, the Secretary shall 22 allow such obligations to occur, in such area or on 23 such system— 24 401 •HR 3684 EH ‘‘(A) with a time limitation of not less than 1 3 years; and 2 ‘‘(B) in the case of projects that dem- 3 onstrate continued net air quality benefits be- 4 yond 3 years, as determined annually by the 5 Secretary in consultation with the Adminis- 6 trator of the Environmental Protection Agency, 7 with no imposed time limitation. 8 ‘‘(n) HYPERLOCAL AIR QUALITY MOBILE MONI- 9 TORING SYSTEMS DEFINED.—In this section, the term 10 ‘hyperlocal air quality mobile monitoring systems’ means 11 a method of monitoring and mapping ambient air quality 12 and greenhouse gases and detecting the presence of pollut- 13 ants using mobile vehicles that yields frequently repeated, 14 on-going measurements of pollutants and greenhouse 15 gases at a block-level resolution and identifies hotspots of 16 persistent elevated levels of pollutants and greenhouse 17 gases.’’. 18 SEC. 1211. ELECTRIC VEHICLE CHARGING STATIONS. 19 (a) ELECTRIC VEHICLE CHARGING STATIONS.— 20 Chapter 1 of title 23, United States Code, is amended by 21 inserting after section 154 the following new section: 22 402 •HR 3684 EH ‘‘§ 155. Electric vehicle charging stations 1 ‘‘(a) IN GENERAL.—Any electric vehicle charging in- 2 frastructure funded under this title shall be subject to the 3 requirements of this section. 4 ‘‘(b) INTEROPERABILITY.—An electric vehicle charg- 5 ing station funded under this title shall— 6 ‘‘(1) provide a charging connector type or 7 means to transmit electricity to vehicles that meets 8 applicable industry accepted practices and safety 9 standards; and 10 ‘‘(2) have the ability to serve vehicles produced 11 by more than one vehicle manufacturer. 12 ‘‘(c) OPEN ACCESS TO PAYMENT.—Electric vehicle 13 charging stations shall provide payment methods available 14 to all members of the public to ensure secure, convenient, 15 and equal access and shall not be limited by membership 16 to a particular payment provider. 17 ‘‘(d) NETWORK CAPABILITY.—An electric vehicle 18 charging station funded under this title shall be capable 19 of being remotely monitored. 20 ‘‘(e) STANDARDS AND GUIDANCE.—Not less than 21 180 days after enactment of the INVEST in America Act, 22 the Secretary of Transportation, in coordination with the 23 Secretary of Energy and in consultation with relevant 24 stakeholders, shall, as appropriate, develop standards and 25 403 •HR 3684 EH guidance applicable to any electric vehicle charging station 1 funded in whole or in part under this title related to— 2 ‘‘(1) the installation, operation, or maintenance 3 by qualified technicians of electric vehicle charging 4 infrastructure; 5 ‘‘(2) the interoperability of electric vehicle 6 charging infrastructure; 7 ‘‘(3) any traffic control device or on-premises 8 sign acquired, installed, or operated related to an 9 electric vehicle charging station funded under this 10 title; and 11 ‘‘(4) network connectivity of electric vehicle 12 charging infrastructure, including measures to pro- 13 tect personal privacy and ensure cybersecurity. 14 ‘‘(f) WAGE REQUIREMENTS.—Section 113 shall apply 15 to any project for electric vehicle charging infrastructure 16 funded under this title.’’. 17 (b) CLERICAL AMENDMENT.—The analysis for chap- 18 ter 1 of title 23, United States Code, is amended by insert- 19 ing after the item relating to section 154 the following 20 new item: 21 ‘‘155. Electric vehicle charging stations.’’. (c) ELECTRIC VEHICLE CHARGING SIGNAGE.—The 22 Secretary of Transportation shall update the Manual on 23 Uniform Traffic Control Devices to— 24 404 •HR 3684 EH (1) ensure uniformity in providing road users 1 direction to electric charging stations that are open 2 to the public; and 3 (2) allow the use of a comprehensive system of 4 signs for electric vehicle charging providers to help 5 drivers identify the type of charging and connector 6 types available at the location. 7 (d) AGREEMENTS RELATING TO THE USE AND AC- 8 CESS OF RIGHTS-OF-WAY OF THE INTERSTATE SYS- 9 TEM.—Section 111 of title 23, United States Code, is 10 amended by adding at the end the following: 11 ‘‘(f) INTERSTATE SYSTEM RIGHTS-OF-WAY.— 12 ‘‘(1) IN GENERAL.—Notwithstanding subsection 13 (a) or (b) and sections 137 and 142, the Secretary 14 shall permit, consistent with section 155, limited 15 commercial activities for the charging of electric ve- 16 hicles on rights-of-way of the Interstate System, in- 17 cluding in— 18 ‘‘(A) a rest area; or 19 ‘‘(B) a fringe or corridor parking facility, 20 including a park and ride facility. 21 ‘‘(2) SAVINGS CLAUSE.—Nothing in this sub- 22 section shall permit commercial activities on rights- 23 of-way of the Interstate System, except as necessary 24 405 •HR 3684 EH for the charging of electric vehicles in accordance 1 with this subsection.’’. 2 SEC. 1212. NATIONAL HIGHWAY FREIGHT PROGRAM. 3 (a) IN GENERAL.—Section 167 of title 23, United 4 States Code, is amended— 5 (1) in subsection (b)— 6 (A) in paragraph (6) by striking ‘‘; and’’ 7 and inserting a semicolon; and 8 (B) by striking paragraph (7) and insert- 9 ing the following: 10 ‘‘(7) to reduce the environmental impacts of 11 freight movement on the National Highway Freight 12 Network, including— 13 ‘‘(A) greenhouse gas emissions; 14 ‘‘(B) local air pollution, including local pol- 15 lution derived from vehicles idling at railway 16 crossings; 17 ‘‘(C) minimizing, capturing, or treating 18 stormwater runoff and addressing other adverse 19 impacts to water quality; and 20 ‘‘(D) wildlife habitat loss; and 21 ‘‘(8) to decrease any adverse impact of freight 22 transportation on communities located near freight 23 facilities or freight corridors.’’; 24 406 •HR 3684 EH (2) in subsection (e)(2) by striking ‘‘150 miles’’ 1 and inserting ‘‘300 miles’’; 2 (3) in subsection (f)(4) by striking ‘‘75 miles’’ 3 and inserting ‘‘150 miles’’; 4 (4) in subsection (h) by striking ‘‘Not later 5 than’’ and all that follows through ‘‘shall prepare’’ 6 and inserting ‘‘As part of the report required under 7 section 503(b)(8), the Administrator shall biennially 8 prepare’’; 9 (5) in subsection (i)— 10 (A) by striking paragraphs (2) and (3); 11 (B) by amending paragraph (4) to read as 12 follows: 13 ‘‘(4) FREIGHT PLANNING.—Notwithstanding 14 any other provision of law, a State may not obligate 15 funds apportioned to the State under section 16 104(b)(5) unless the State has developed, updated, 17 or amended, as applicable, a freight plan in accord- 18 ance with section 70202 of title 49.’’; 19 (C) in paragraph (5)— 20 (i) by striking subparagraph (B) and 21 inserting the following: 22 ‘‘(B) LIMITATION.—The Federal share of 23 a project described in subparagraph (C)(xxiii) 24 407 •HR 3684 EH shall fund only elements of such project that 1 provide public benefits.’’; and 2 (ii) in subparagraph (C)— 3 (I) in clause (iii) by inserting 4 ‘‘and freight management and oper- 5 ations systems’’ after ‘‘freight trans- 6 portation systems’’; and 7 (II) by amending clause (xxiii) to 8 read as follows: 9 ‘‘(xxiii) Freight intermodal or freight 10 rail projects, including— 11 ‘‘(I) projects within the bound- 12 aries of public or private freight rail 13 or water facilities (including ports); 14 ‘‘(II) projects that provide sur- 15 face transportation infrastructure nec- 16 essary to facilitate direct intermodal 17 interchange, transfer, and access into 18 or out of the facility; and 19 ‘‘(III) any other surface trans- 20 portation project to improve the flow 21 of freight into or out of a facility de- 22 scribed in subclause (I) or (II).’’; 23 (D) in paragraph (6) by striking ‘‘para- 24 graph (5)’’ and inserting ‘‘paragraph (3)’’; and 25 408 •HR 3684 EH (E) by redesignating paragraphs (4), (5), 1 (6), and (7) as paragraphs (2), (3), (4), and 2 (5), respectively; and 3 (6) in subsection (k)(1)(A)(ii) by striking 4 ‘‘ports-of entry’’ and inserting ‘‘ports-of-entry’’. 5 (b) NATIONAL HIGHWAY FREIGHT NETWORK.—If a 6 congressionally designated future Interstate, or any por- 7 tion thereof, is included in a State Freight Plan (regard- 8 less of whether such project is included in the freight in- 9 vestment plan of the State) approved by the Department 10 of Transportation prior to October 1, 2021, such route 11 shall be considered to be on the National Highway Freight 12 Network established under section 167(c) of title 23, 13 United States Code. 14 SEC. 1213. CARBON POLLUTION REDUCTION. 15 (a) IN GENERAL.—Chapter 1 of title 23, United 16 States Code, is amended by adding at the end the fol- 17 lowing: 18 ‘‘§ 171. Carbon pollution reduction 19 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab- 20 lish a carbon pollution reduction program to support the 21 reduction of greenhouse gas emissions from the surface 22 transportation system. 23 ‘‘(b) ELIGIBLE PROJECTS.—A project is eligible for 24 funding under this section if such project— 25 409 •HR 3684 EH ‘‘(1) is expected to yield a significant reduction 1 in greenhouse gas emissions from the surface trans- 2 portation system; 3 ‘‘(2) will help a State meet the greenhouse gas 4 emissions performance targets established under sec- 5 tion 150(d); and 6 ‘‘(3) is— 7 ‘‘(A) eligible for assistance under this title 8 or under chapter 53 of title 49 or is a capital 9 project for vehicles and facilities (whether pub- 10 licly or privately owned) that are used to pro- 11 vide intercity passenger service by bus; or 12 ‘‘(B) a capital project, as such term is de- 13 fined in section 22906 of title 49, to improve 14 intercity rail passenger transportation, provided 15 that the project will yield a significant reduction 16 in single occupant vehicle trips and improve 17 mobility on public roads. 18 ‘‘(c) GUIDANCE.—The Secretary shall issue guidance 19 on methods of determining the reduction of single occu- 20 pant vehicle trips and improvement of mobility on public 21 roads as those factors relate to intercity rail passenger 22 transportation projects under subsection (b)(4). 23 ‘‘(d) OPERATING EXPENSES.—A State may use not 24 more than 20 percent of the funds provided under section 25 410 •HR 3684 EH 104(b)(9) for the operating expenses of public transpor- 1 tation and passenger rail transportation projects. 2 ‘‘(e) SINGLE-OCCUPANCY VEHICLE HIGHWAY FA- 3 CILITIES.—None of the funds provided under this section 4 may be used for a project that will result in the construc- 5 tion of new capacity available to single occupant vehicles 6 unless the project consists of a high occupancy vehicle fa- 7 cility and is consistent with section 166. 8 ‘‘(f) EVALUATION.— 9 ‘‘(1) IN GENERAL.—The Secretary shall annu- 10 ally evaluate the progress of each State in carrying 11 out the program under this section by comparing the 12 percent change in carbon dioxide emissions per cap- 13 ita on public roads in the State calculated as— 14 ‘‘(A) the annual carbon dioxide emissions 15 per capita on public roads in the State for the 16 most recent year for which there is data; di- 17 vided by 18 ‘‘(B) the average annual carbon dioxide 19 emissions per capita on public roads in the 20 State in calendar years 2015 through 2019. 21 ‘‘(2) MEASURES.—In conducting the evaluation 22 under paragraph (1), the Secretary shall— 23 ‘‘(A) prior to the effective date of the 24 greenhouse gas performance measures under 25 411 •HR 3684 EH section 150(c)(7)(A), use such data as are 1 available, which may include data on motor 2 fuels usage published by the Federal Highway 3 Administration and information on emissions 4 factors or coefficients published by the Energy 5 Information Administration of the Department 6 of Energy; and 7 ‘‘(B) following the effective date of the 8 greenhouse gas performance measures under 9 section 150(c)(7)(A), use such measures. 10 ‘‘(g) PROGRESS REPORT.—The Secretary shall annu- 11 ally issue a carbon pollution reduction progress report, to 12 be made publicly available on the website of the Depart- 13 ment of Transportation, that includes— 14 ‘‘(1) the results of the evaluation under sub- 15 section (f) for each State; and 16 ‘‘(2) a ranking of all the States by the criteria 17 under subsection (f), with the States that, for the 18 year covered by such report, have the largest per- 19 centage reduction in annual carbon dioxide emissions 20 per capita on public roads being ranked the highest. 21 ‘‘(h) HIGH-PERFORMING STATES.— 22 ‘‘(1) DESIGNATION.—For purposes of this sec- 23 tion, each State that is 1 of the 15 highest ranked 24 States, as determined under subsection (g)(2), and 25 412 •HR 3684 EH that achieves a reduction in carbon dioxide emissions 1 per capita on public roads, as determined by the 2 evaluation in subsection (f), shall be designated as a 3 high-performing State for the following fiscal year. 4 ‘‘(2) USE OF FUNDS.—For each State that is 5 designated as a high-performing State under para- 6 graph (1)— 7 ‘‘(A) notwithstanding section 120, the 8 State may use funds made available under this 9 title to pay the non-Federal share of a project 10 under this section during any year for which 11 such State is designated as a high-performing 12 State; and 13 ‘‘(B) notwithstanding section 126, the 14 State may transfer up to 50 percent of funds 15 apportioned under section 104(b)(9) to the pro- 16 gram under section 104(b)(2) in any year for 17 which such State is designated as a high-per- 18 forming State. 19 ‘‘(3) TRANSFER.—For each State that is 1 of 20 the 15 lowest ranked States, as determined under 21 subsection (g)(2), the Secretary shall transfer 10 22 percent of the amount apportioned to the State 23 under section 104(b)(2) in the fiscal year following 24 the year in which the State is so ranked, not includ- 25 413 •HR 3684 EH ing amounts set aside under section 133(d)(1)(A) 1 and under section 133(h) or 505(a), to the appor- 2 tionment of the State under section 104(b)(9). 3 ‘‘(4) LIMITATION.—The Secretary shall not 4 conduct a transfer under paragraph (3)— 5 ‘‘(A) until the first fiscal year following the 6 effective date of greenhouse gas performance 7 measures under section 150(c)(7)(A); and 8 ‘‘(B) with respect to a State in any fiscal 9 year following the year in which such State 10 achieves a reduction in carbon dioxide emissions 11 per capita on public roads in such year as de- 12 termined by the evaluation under subsection (f). 13 ‘‘(i) REPORT.—Not later than 2 years after the date 14 of enactment of this section and periodically thereafter, 15 the Secretary, in consultation with the Administrator of 16 the Environmental Protection Agency, shall issue a re- 17 port— 18 ‘‘(1) detailing, based on the best available 19 science, what types of projects eligible for assistance 20 under this section are expected to provide the most 21 significant greenhouse gas emissions reductions from 22 the surface transportation sector; and 23 ‘‘(2) detailing, based on the best available 24 science, what types of projects eligible for assistance 25 414 •HR 3684 EH under this section are not expected to provide sig- 1 nificant greenhouse gas emissions reductions from 2 the surface transportation sector.’’. 3 (b) CLERICAL AMENDMENT.—The analysis for chap- 4 ter 1 of title 23, United States Code, is amended by add- 5 ing at the end the following new item: 6 ‘‘171. Carbon pollution reduction.’’. (c) APPLICABILITY.—Subsection (b)(2) of section 7 171 of title 23, United States Code, as added by this sec- 8 tion, shall apply to a State beginning on the first fiscal 9 year following the fiscal year in which the State sets green- 10 house gas performance targets under section 150(d) of 11 title 23, United States Code. 12 SEC. 1214. RECREATIONAL TRAILS. 13 Section 206 of title 23, United States Code, is 14 amended— 15 (1) in subsection (a)— 16 (A) in paragraph (1) by striking ‘‘except 17 for’’ and all that follows and inserting the fol- 18 lowing: ‘‘except for— 19 ‘‘(A) a motorized wheelchair; and 20 ‘‘(B) in any case in which applicable laws 21 and regulations permit use, an electric bicycle, 22 as defined in section 217(j).’’; 23 (B) in paragraph (2)— 24 415 •HR 3684 EH (i) in subparagraph (F) by striking 1 ‘‘and’’ at the end; 2 (ii) in subparagraph (G) by striking 3 the period and inserting ‘‘; and’’; and 4 (iii) by adding at the end the fol- 5 lowing: 6 ‘‘(H) electric bicycling.’’; and 7 (2) by adding at the end the following: 8 ‘‘(j) SPECIAL RULE.—Section 113 shall not apply to 9 projects under this section. 10 ‘‘(k) USE OF OTHER APPORTIONED FUNDS.—Funds 11 apportioned to a State under section 104(b) that are obli- 12 gated for recreational trails and related projects shall be 13 administered as if such funds were made available for pur- 14 poses described under this section.’’. 15 SEC. 1215. SAFE ROUTES TO SCHOOL PROGRAM. 16 (a) IN GENERAL.—Chapter 2 of title 23, United 17 States Code, is amended by inserting after section 210 the 18 following: 19 ‘‘§ 211. Safe routes to school program 20 ‘‘(a) PROGRAM.—The Secretary shall carry out a safe 21 routes to school program for the benefit of children in pri- 22 mary, middle, and high schools. 23 ‘‘(b) PURPOSES.—The purposes of the program shall 24 be— 25 416 •HR 3684 EH ‘‘(1) to enable and encourage children, includ- 1 ing those with disabilities, to walk and bicycle to 2 school; 3 ‘‘(2) to make bicycling and walking to school a 4 safer and more appealing transportation alternative, 5 thereby encouraging a healthy and active lifestyle 6 from an early age; and 7 ‘‘(3) to facilitate the planning, development, 8 and implementation of projects and activities that 9 will improve safety and reduce traffic, fuel consump- 10 tion, and air pollution in the vicinity of schools. 11 ‘‘(c) USE OF FUNDS.—Amounts apportioned to a 12 State under paragraphs (2) and (3) of section 104(b) may 13 be used to carry out projects, programs, and other activi- 14 ties under this section. 15 ‘‘(d) ELIGIBLE ENTITIES.—Projects, programs, and 16 activities funded under this section may be carried out by 17 eligible entities described under section 133(h)(4)(B) that 18 demonstrate an ability to meet the requirements of this 19 section. 20 ‘‘(e) ELIGIBLE PROJECTS AND ACTIVITIES.— 21 ‘‘(1) INFRASTRUCTURE-RELATED PROJECTS.— 22 ‘‘(A) IN GENERAL.—A State may obligate 23 funds under this section for the planning, de- 24 sign, and construction of infrastructure-related 25 417 •HR 3684 EH projects that will substantially improve the abil- 1 ity of students to walk and bicycle to school, in- 2 cluding sidewalk improvements, traffic calming 3 and speed reduction improvements, pedestrian 4 and bicycle crossing improvements, on-street bi- 5 cycle facilities, off-street bicycle and pedestrian 6 facilities, secure bicycle parking facilities, and 7 traffic diversion improvements in the vicinity of 8 schools. 9 ‘‘(B) LOCATION OF PROJECTS.—Infra- 10 structure-related projects under subparagraph 11 (A) may be carried out on any public road or 12 any bicycle or pedestrian pathway or trail in the 13 vicinity of schools. 14 ‘‘(2) NONINFRASTRUCTURE-RELATED ACTIVI- 15 TIES.—In addition to projects described in para- 16 graph (1), a State may obligate funds under this 17 section for noninfrastructure-related activities to en- 18 courage walking and bicycling to school, including— 19 ‘‘(A) public awareness campaigns and out- 20 reach to press and community leaders; 21 ‘‘(B) traffic education and enforcement in 22 the vicinity of schools; 23 ‘‘(C) student sessions on bicycle and pedes- 24 trian safety, health, and environment; 25 418 •HR 3684 EH ‘‘(D) programs that address personal safe- 1 ty; and 2 ‘‘(E) funding for training, volunteers, and 3 managers of safe routes to school programs. 4 ‘‘(3) SAFE ROUTES TO SCHOOL COORDI- 5 NATOR.—Each State receiving an apportionment 6 under paragraphs (2) and (3) of section 104(b) shall 7 use a sufficient amount of the apportionment to 8 fund a full-time position of coordinator of the 9 State’s safe routes to school program. 10 ‘‘(4) RURAL SCHOOL DISTRICT OUTREACH.—A 11 coordinator described in paragraph (3) shall conduct 12 outreach to ensure that rural school districts in the 13 State are aware of such State’s safe routes to school 14 program and any funds authorized by this section. 15 ‘‘(f) FEDERAL SHARE.—The Federal share of the 16 cost of a project, program, or activity under this section 17 shall be 100 percent. 18 ‘‘(g) CLEARINGHOUSE.— 19 ‘‘(1) IN GENERAL.—The Secretary shall main- 20 tain a national safe routes to school clearinghouse 21 to— 22 ‘‘(A) develop information and educational 23 programs on safe routes to school; and 24 419 •HR 3684 EH ‘‘(B) provide technical assistance and dis- 1 seminate techniques and strategies used for 2 successful safe routes to school programs. 3 ‘‘(2) FUNDING.—The Secretary shall carry out 4 this subsection using amounts authorized to be ap- 5 propriated for administrative expenses under section 6 104(a). 7 ‘‘(h) DEFINITIONS.—In this section, the following 8 definitions apply: 9 ‘‘(1) IN THE VICINITY OF SCHOOLS.—The term 10 ‘in the vicinity of schools’ means, with respect to a 11 school, the area within bicycling and walking dis- 12 tance of the school (approximately 2 miles). 13 ‘‘(2) PRIMARY, MIDDLE, AND HIGH SCHOOLS.— 14 The term ‘primary, middle, and high schools’ means 15 schools providing education from kindergarten 16 through twelfth grade.’’. 17 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 18 (1) REPEAL.—Section 1404 of SAFETEA–LU 19 (Public Law 109–59; 119 Stat. 1228–1230), and 20 the item relating to such section in the table of con- 21 tents in section 1(b) of such Act, are repealed. 22 (2) ANALYSIS.—The analysis for chapter 2 of 23 title 23, United States Code, is amended by insert- 24 420 •HR 3684 EH ing after the item relating to section 210 the fol- 1 lowing: 2 ‘‘211. Safe routes to school program.’’. SEC. 1216. BICYCLE TRANSPORTATION AND PEDESTRIAN 3 WALKWAYS. 4 Section 217 of title 23, United States Code, is 5 amended— 6 (1) in subsection (d)— 7 (A) by striking ‘‘104(b)(3)’’ and inserting 8 ‘‘104(b)(4)’’; and 9 (B) by striking ‘‘a position’’ and inserting 10 ‘‘at least one full-time positions’’; 11 (2) in subsection (e) by striking ‘‘bicycles’’ and 12 inserting ‘‘pedestrians or bicyclists’’ each place such 13 term appears; 14 (3) in subsection (j)— 15 (A) in paragraph (1) by inserting ‘‘or oper- 16 ators of micromobility devices’’ after 17 ‘‘bicyclists’’; 18 (B) by striking paragraph (2) and insert- 19 ing the following: 20 ‘‘(2) ELECTRIC BICYCLE.—The term ‘electric 21 bicycle’ means mean a bicycle equipped with fully 22 operable pedals, a saddle or seat for the rider, and 23 an electric motor of less than 750 watts that can 24 safely share a bicycle transportation facility with 25 421 •HR 3684 EH other users of such facility and meets the require- 1 ments of one of the following three classes: 2 ‘‘(A) CLASS 1 ELECTRIC BICYCLE.—The 3 term ‘class 1 electric bicycle’ means an electric 4 bicycle equipped with a motor that provides as- 5 sistance only when the rider is pedaling, and 6 that ceases to provide assistance when the bicy- 7 cle reaches the speed of 20 miles per hour. 8 ‘‘(B) CLASS 2 ELECTRIC BICYCLE.—The 9 term ‘class 2 electric bicycle’ means an electric 10 bicycle equipped with a motor that may be used 11 exclusively to propel the bicycle, and that is not 12 capable of providing assistance when the bicycle 13 reaches the speed of 20 miles per hour. 14 ‘‘(C) CLASS 3 ELECTRIC BICYCLE.—The 15 term ‘class 3 electric bicycle’ means an electric 16 bicycle equipped with a motor that provides as- 17 sistance only when the rider is pedaling, and 18 that ceases to provide assistance when the bicy- 19 cle reaches the speed of 28 miles per hour. 20 ‘‘(3) MICROMOBILITY DEVICE.—The term 21 ‘micromobility device’ means any wheeled vehicle 22 equipped with a low powered electric motor— 23 ‘‘(A) that is designed primarily for human 24 transport; 25 422 •HR 3684 EH ‘‘(B) that weighs not more than 100 1 pounds; and 2 ‘‘(C) that has a top speed of 20 miles per 3 hour or less.’’. 4 SEC. 1217. NOISE BARRIERS. 5 (a) PERMITTING USE OF HIGHWAY TRUST FUND 6 FOR CONSTRUCTION OF CERTAIN NOISE BARRIERS.— 7 Section 339(b)(1) of the National Highway System Des- 8 ignation Act of 1995 (23 U.S.C. 109 note) is amended 9 to read as follows: 10 ‘‘(1) GENERAL RULE.—No funds made avail- 11 able out of the Highway Trust Fund may be used 12 to construct a Type II noise barrier (as defined by 13 section 772.5(I) of title 23, Code of Federal Regula- 14 tions) pursuant to subsections (h) and (I) of section 15 109 of title 23, United States Code, unless— 16 ‘‘(A) such a barrier is part of a project ap- 17 proved by the Secretary before November 28, 18 1995; or 19 ‘‘(B) such a barrier separates a highway or 20 other noise corridor from a group of structures 21 of which the majority of those closest to the 22 highway or noise corridor— 23 ‘‘(i) are residential in nature; and 24 ‘‘(ii) either— 25 423 •HR 3684 EH ‘‘(I) were constructed before the 1 construction or most recent widening 2 of the highway or noise corridor; or 3 ‘‘(II) are at least 10 years old.’’. 4 (b) ELIGIBILITY FOR SURFACE TRANSPORTATION 5 PROGRAM FUNDS.—Section 133 of title 23, United States 6 Code, is amended— 7 (1) in subsection (b) by adding at the end the 8 following: 9 ‘‘(22) Planning, design, or construction of a 10 Type II noise barrier (as described in section 772.5 11 of title 23, Code of Federal Regulations).’’; and 12 (2) in subsection (c)(2) by inserting ‘‘and para- 13 graph (22)’’ after ‘‘(11)’’. 14 SEC. 1218. SAFE STREETS FOR ALL. 15 Section 148 of title 23, United States Code, is further 16 amended by adding at the end the following: 17 ‘‘(m) SAFE STREETS FOR ALL.— 18 ‘‘(1) SAFE STREETS SET-ASIDE.— 19 ‘‘(A) ESTABLISHMENT.—The Secretary 20 shall establish a safe streets program to elimi- 21 nate the occurrence of transportation-related fa- 22 talities and serious injuries on public roads, 23 with a focus on vulnerable road users. 24 424 •HR 3684 EH ‘‘(B) AMOUNT.—Of the funds apportioned 1 to a State under section 104(b)(3) for each fis- 2 cal year, the Secretary shall reserve an amount 3 such that— 4 ‘‘(i) the Secretary reserves a total 5 under this subsection of $500,000,000 for 6 each of fiscal years 2023 through 2026; 7 and 8 ‘‘(ii) the State’s share of that total is 9 distributed in the same manner as the 10 amount apportioned to the State under 11 section 104(b)(3) for each fiscal year bears 12 to the total amount of funds apportioned 13 to all States under such section. 14 ‘‘(2) SUBALLOCATION.— 15 ‘‘(A) IN GENERAL.—For each fiscal year 16 for which funds are set aside under this sub- 17 section, such funds shall be obligated within a 18 State in the manner described in subsections 19 (d) and (e) of section 133, except that, for the 20 purposes of this subsection— 21 ‘‘(i) the percentage referred to in sec- 22 tion 133(d)(1)(A) shall be treated as 100 23 percent; and 24 425 •HR 3684 EH ‘‘(ii) before obligating funds for a 1 project located fully or partially within an 2 area described in subparagraph (B) that is 3 under the jurisdiction of a unit of local 4 government, a State or metropolitan plan- 5 ning organization shall consult with such 6 unit of local government regarding project 7 selection. 8 ‘‘(B) AREA DESCRIBED.—An area de- 9 scribed in this subparagraph is an area with a 10 population greater than 200,000. 11 ‘‘(3) USE OF FUNDS.— 12 ‘‘(A) IN GENERAL.—Funds set aside under 13 this subsection shall be available for obliga- 14 tion— 15 ‘‘(i) for a complete streets project that 16 supports the safe, comfortable, convenient, 17 and independent movement of all users of 18 the transportation system, of all ages and 19 abilities, consistent with context sensitive 20 design principles; 21 ‘‘(ii) for activities eligible under the 22 safe routes to school program under sec- 23 tion 211; 24 426 •HR 3684 EH ‘‘(iii) to develop and implement the 1 policies and procedures described in section 2 109(s); 3 ‘‘(iv) for any element of vision zero 4 planning described under section 1601 of 5 the INVEST in America Act and to imple- 6 ment an existing vision zero plan; 7 ‘‘(v) for other activities in furtherance 8 of the vulnerable road user safety assess- 9 ment of the State or the metropolitan 10 planning organization described under sub- 11 section (l); and 12 ‘‘(vi) for any other project, program, 13 or plan eligible under this section that pro- 14 vides for the safe and adequate accommo- 15 dation of all users of the surface transpor- 16 tation network, as determined by the Sec- 17 retary. 18 ‘‘(B) SPECIAL RULE.—If a State or metro- 19 politan planning organization demonstrates to 20 the satisfaction of the Secretary that such State 21 or metropolitan planning organization has met 22 all its needs for vulnerable road user safety 23 under this section, the State or metropolitan 24 planning organization may use funds made 25 427 •HR 3684 EH available under this subsection for other high- 1 way safety improvement program purposes, 2 subject to the suballocation under paragraph 3 (2). The Secretary may not make a determina- 4 tion under this subparagraph if the State or 5 metropolitan planning organization has been 6 subject to the special rule described in sub- 7 section (g)(3) within the last 5 years.’’. 8 SEC. 1219. YOUTH SERVICE AND CONSERVATION CORPS. 9 (a) IN GENERAL.—Chapter 2 of title 23, United 10 States Code, is amended by inserting after section 211 (as 11 added by this Act) the following: 12 ‘‘§ 212. Use of youth service and conservation corps 13 ‘‘(a) IN GENERAL.—The Secretary may allow and 14 shall encourage project sponsors to enter into contracts 15 and cooperative agreements with qualified youth service 16 or conservation corps, as described in sections 122(a)(2) 17 of the National and Community Service Act of 1990 (42 18 U.S.C. 12572(a)(2)) and 106(c)(3) of the National and 19 Community Service Trust Act of 1993 (42 U.S.C. 20 12656(c)(3)) to perform appropriate projects eligible 21 under sections 133(h), 162, 206, and 211. 22 ‘‘(b) REQUIREMENTS.—Under any contract or coop- 23 erative agreement entered into with a qualified youth serv- 24 428 •HR 3684 EH ice or conservation corps under this section, the Secretary 1 shall— 2 ‘‘(1) set the amount of a living allowance or 3 rate of pay for each participant in such corps at— 4 ‘‘(A) such amount or rate as required 5 under State law in a State with such require- 6 ments; or 7 ‘‘(B) for corps in States not described in 8 subparagraph (A), at such amount or rate as 9 determined by the Secretary, not to exceed the 10 maximum living allowance authorized by section 11 140 of the National and Community Service 12 Act of 1990 (42 U.S.C. 12594); and 13 ‘‘(2) not subject such corps to the requirements 14 of section 112.’’. 15 (b) CLERICAL AMENDMENT.—The analysis for chap- 16 ter 2 of title 23, United States Code, is amended by insert- 17 ing after the item relating to section 211 (as added by 18 this Act) the following: 19 ‘‘212. Use of youth service and conservation corps.’’. SEC. 1220. NATIONAL SCENIC BYWAYS PROGRAM. 20 Section 162 of title 23, United States Code, is 21 amended by adding at the end the following: 22 ‘‘(g) STATE.—In this section, the term ‘State’ has the 23 meaning given such term in section 401.’’. 24 429 •HR 3684 EH SEC. 1221. FUNDING FOR BORDER INFRASTRUCTURE. 1 Section 1437(a) of the FAST Act (23 U.S.C. 101 2 note) is amended by striking ‘‘5 percent’’ and inserting 3 ‘‘7 percent’’. 4 Subtitle C—Project-Level 5 Investments 6 SEC. 1301. PROJECTS OF NATIONAL AND REGIONAL SIG- 7 NIFICANCE. 8 (a) IN GENERAL.—Section 117 of title 23, United 9 States Code, is amended to read as follows: 10 ‘‘§ 117. Projects of national and regional significance 11 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab- 12 lish a projects of national and regional significance pro- 13 gram under which the Secretary may make grants to, and 14 establish multiyear grant agreements with, eligible entities 15 in accordance with this section. 16 ‘‘(b) APPLICATIONS.—To be eligible for a grant 17 under this section, an eligible entity shall submit to the 18 Secretary an application in such form, in such manner, 19 and containing such information as the Secretary may re- 20 quire. 21 ‘‘(c) GRANT AMOUNTS AND PROJECT COSTS.— 22 ‘‘(1) IN GENERAL.—Each grant made under 23 this section— 24 ‘‘(A) shall be in an amount that is at least 25 $25,000,000; and 26 430 •HR 3684 EH ‘‘(B) shall be for a project that has eligible 1 project costs that are reasonably anticipated to 2 equal or exceed the lesser of— 3 ‘‘(i) $100,000,000; or 4 ‘‘(ii) in the case of a project— 5 ‘‘(I) located in 1 State or terri- 6 tory, 30 percent of the amount appor- 7 tioned under this chapter to the State 8 or territory in the most recently com- 9 pleted fiscal year; or 10 ‘‘(II) located in more than 1 11 State or territory, 50 percent of the 12 amount apportioned under this chap- 13 ter to the participating State or terri- 14 tory with the largest apportionment 15 under this chapter in the most re- 16 cently completed fiscal year. 17 ‘‘(2) LARGE PROJECTS.—For a project that has 18 eligible project costs that are reasonably anticipated 19 to equal or exceed $500,000,000, a grant made 20 under this section— 21 ‘‘(A) shall be in an amount sufficient to 22 fully fund the project, or in the case of a public 23 transportation project, a minimum operable 24 segment, in combination with other funding 25 431 •HR 3684 EH sources, including non-Federal financial com- 1 mitment, identified in the application; and 2 ‘‘(B) may be awarded pursuant to the 3 process under subsection (d), as necessary 4 based on the amount of the grant. 5 ‘‘(d) MULTIYEAR GRANT AGREEMENTS FOR LARGE 6 PROJECTS.— 7 ‘‘(1) IN GENERAL.—A large project that re- 8 ceives a grant under this section may be carried out 9 through a multiyear grant agreement in accordance 10 with this subsection. 11 ‘‘(2) REQUIREMENTS.—A multiyear grant 12 agreement for a large project shall— 13 ‘‘(A) establish the terms of participation by 14 the Federal Government in the project; 15 ‘‘(B) establish the amount of Federal fi- 16 nancial assistance for the project; 17 ‘‘(C) establish a schedule of anticipated 18 Federal obligations for the project that provides 19 for obligation of the full grant amount by not 20 later than 4 fiscal years after the fiscal year in 21 which the initial amount is provided; and 22 ‘‘(D) determine the period of time for com- 23 pleting the project, even if such period extends 24 beyond the period of an authorization. 25 432 •HR 3684 EH ‘‘(3) SPECIAL RULES.— 1 ‘‘(A) IN GENERAL.—A multiyear grant 2 agreement under this subsection— 3 ‘‘(i) shall obligate an amount of avail- 4 able budget authority specified in law; and 5 ‘‘(ii) may include a commitment, con- 6 tingent on amounts to be specified in law 7 in advance for commitments under this 8 paragraph, to obligate an additional 9 amount from future available budget au- 10 thority specified in law. 11 ‘‘(B) CONTINGENT COMMITMENT.—A con- 12 tingent commitment under this subsection is 13 not an obligation of the Federal Government 14 under section 1501 of title 31. 15 ‘‘(C) INTEREST AND OTHER FINANCING 16 COSTS.— 17 ‘‘(i) IN GENERAL.—Interest and other 18 financing costs of carrying out a part of 19 the project within a reasonable time shall 20 be considered a cost of carrying out the 21 project under a multiyear grant agreement, 22 except that eligible costs may not be more 23 than the cost of the most favorable financ- 24 433 •HR 3684 EH ing terms reasonably available for the 1 project at the time of borrowing. 2 ‘‘(ii) CERTIFICATION.—The applicant 3 shall certify to the Secretary that the ap- 4 plicant has shown reasonable diligence in 5 seeking the most favorable financing 6 terms. 7 ‘‘(4) ADVANCE PAYMENT.—An eligible entity 8 carrying out a large project under a multiyear grant 9 agreement— 10 ‘‘(A) may use funds made available to the 11 eligible entity under this title or title 49 for eli- 12 gible project costs of the large project; and 13 ‘‘(B) shall be reimbursed, at the option of 14 the eligible entity, for such expenditures from 15 the amount made available under the multiyear 16 grant agreement for the project in that fiscal 17 year or a subsequent fiscal year. 18 ‘‘(e) ELIGIBLE PROJECTS.— 19 ‘‘(1) IN GENERAL.—The Secretary may make a 20 grant under this section only for a project that is a 21 project eligible for assistance under this title or 22 chapter 53 of title 49 and is— 23 434 •HR 3684 EH ‘‘(A) a bridge project carried out on the 1 National Highway System, or that is eligible to 2 be carried out under section 165; 3 ‘‘(B) a project to improve person through- 4 put that is— 5 ‘‘(i) a highway project carried out on 6 the National Highway System, or that is 7 eligible to be carried out under section 8 165; 9 ‘‘(ii) a public transportation project; 10 or 11 ‘‘(iii) a capital project, as such term is 12 defined in section 22906 of title 49, to im- 13 prove intercity rail passenger transpor- 14 tation; or 15 ‘‘(C) a project to improve freight through- 16 put that is— 17 ‘‘(i) a highway freight project carried 18 out on the National Highway Freight Net- 19 work established under section 167 or on 20 the National Highway System; 21 ‘‘(ii) a freight intermodal, freight rail, 22 or railway-highway grade crossing or grade 23 separation project; or 24 435 •HR 3684 EH ‘‘(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 4 project necessary to facilitate direct inter- 5 modal interchange, transfer, or access into 6 or out 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 11 this section only if— 12 ‘‘(i) the project will make a significant 13 improvement to the movement of freight 14 on the National Highway System; and 15 ‘‘(ii) the Federal share of the project 16 funds only elements of the project that 17 provide public benefits. 18 ‘‘(B) CERTAIN PROJECTS FOR PERSON 19 THROUGHPUT.—Projects described in clauses 20 (ii) 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. 24 436 •HR 3684 EH ‘‘(f) ELIGIBLE PROJECT COSTS.—An eligible entity 1 receiving a grant under this section may use such grant 2 for— 3 ‘‘(1) development phase activities, including 4 planning, feasibility analysis, revenue forecasting, 5 environmental review, preliminary engineering and 6 design work, and other preconstruction activities; 7 and 8 ‘‘(2) construction, reconstruction, rehabilitation, 9 acquisition of real property (including land related 10 to the project and improvements to the land), envi- 11 ronmental mitigation, construction contingencies, ac- 12 quisition of equipment, and operational improve- 13 ments directly related to improving system perform- 14 ance. 15 ‘‘(g) PROJECT REQUIREMENTS.—The Secretary may 16 select a project described under this section for funding 17 under this section only if the Secretary determines that 18 the project— 19 ‘‘(1) generates significant regional or national 20 economic, mobility, safety, resilience, or environ- 21 mental benefits; 22 ‘‘(2) is cost effective; 23 ‘‘(3) is based on the results of preliminary engi- 24 neering; 25 437 •HR 3684 EH ‘‘(4) has secured or will secure acceptable levels 1 of non-Federal financial commitments, including— 2 ‘‘(A) one or more stable and dependable 3 sources of funding and financing to construct, 4 maintain, and operate the project; and 5 ‘‘(B) contingency amounts to cover unan- 6 ticipated cost increases; 7 ‘‘(5) cannot be easily and efficiently completed 8 without additional Federal funding or financial as- 9 sistance available to the project sponsor, beyond ex- 10 isting Federal apportionments; and 11 ‘‘(6) is reasonably expected to begin construc- 12 tion not later than 18 months after the date of obli- 13 gation of funds for the project. 14 ‘‘(h) MERIT CRITERIA AND CONSIDERATIONS.— 15 ‘‘(1) MERIT CRITERIA.—In awarding a grant 16 under this section, the Secretary shall evaluate the 17 following merit criteria: 18 ‘‘(A) The extent to which the project sup- 19 ports achieving a state of good repair. 20 ‘‘(B) The level of benefits the project is ex- 21 pected to generate, including— 22 ‘‘(i) the costs avoided by the preven- 23 tion of closure or reduced use of the asset 24 to be improved by the project; 25 438 •HR 3684 EH ‘‘(ii) reductions in maintenance costs 1 over the life of the asset; 2 ‘‘(iii) safety benefits, including the re- 3 duction of accidents and related costs; 4 ‘‘(iv) improved person or freight 5 throughput, including congestion reduction 6 and reliability improvements; 7 ‘‘(v) national and regional economic 8 benefits; 9 ‘‘(vi) resilience benefits, including the 10 ability to withstand disruptions from a 11 seismic event; 12 ‘‘(vii) environmental benefits, includ- 13 ing reduction in greenhouse gas emissions 14 and air quality benefits; and 15 ‘‘(viii) benefits to all users of the 16 project, including pedestrian, bicycle, non- 17 vehicular, railroad, and public transpor- 18 tation users. 19 ‘‘(C) How the benefits compare to the 20 costs of the project. 21 ‘‘(D) The average number of people or vol- 22 ume of freight, as applicable, supported by the 23 project, including visitors based on travel and 24 tourism. 25 439 •HR 3684 EH ‘‘(2) ADDITIONAL CONSIDERATIONS.—In 1 awarding a grant under this section, the Secretary 2 shall consider the following: 3 ‘‘(A) Whether the project spans at least 1 4 border between 2 States. 5 ‘‘(B) Whether the project serves low-in- 6 come residents of low-income communities, in- 7 cluding areas of persistent poverty, while not 8 displacing 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 met- 22 ropolitan areas with a population of at least 23 500,000. 24 440 •HR 3684 EH ‘‘(F) Whether the project would replace, 1 reconstruct, 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 6 the shared transportation corridor of a 7 multistate corridor. 8 ‘‘(i) PROJECT SELECTION.— 9 ‘‘(1) EVALUATION.—To evaluate applications 10 for 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, 15 how each application addresses the merit cri- 16 teria pursuant to subsection (h); 17 ‘‘(C) assign a quality rating for each merit 18 criteria for each application based on the eval- 19 uation 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 24 gives final consideration only to applications 25 441 •HR 3684 EH that meet the minimally acceptable level for 1 each of 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 5 PROJECTS.—In awarding a grant for a large project, 6 the Secretary shall— 7 ‘‘(A) consider the amount of funds avail- 8 able in future fiscal years for the program 9 under this section; and 10 ‘‘(B) assume the availability of funds in fu- 11 ture fiscal years for the program that extend 12 beyond 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 18 and urban communities among grant recipients over 19 fiscal years 2023 through 2026. 20 ‘‘(4) PUBLICATION OF METHODOLOGY.— 21 ‘‘(A) IN GENERAL.—Prior to the issuance 22 of any notice of funding opportunity for grants 23 under this section, the Secretary shall publish 24 442 •HR 3684 EH and make publicly available on the Depart- 1 ment’s website— 2 ‘‘(i) a detailed explanation of the 3 merit criteria developed under subsection 4 (h); 5 ‘‘(ii) a description of the evaluation 6 process under this subsection; and 7 ‘‘(iii) how the Secretary shall deter- 8 mine whether a project satisfies each of 9 the requirements under subsection (g). 10 ‘‘(B) UPDATES.—The Secretary shall up- 11 date and make publicly available on the website 12 of the Department of Transportation such in- 13 formation at any time a revision to the informa- 14 tion described in subparagraph (A) is made. 15 ‘‘(C) INFORMATION REQUIRED.—The Sec- 16 retary shall include in the published notice of 17 funding opportunity for a grant under this sec- 18 tion detailed information on the rating method- 19 ology and merit criteria to be used to evaluate 20 applications, or a reference to the information 21 on the website of the Department of Transpor- 22 tation, as required by subparagraph (A). 23 ‘‘(j) FEDERAL SHARE.— 24 443 •HR 3684 EH ‘‘(1) IN GENERAL.—The Federal share of the 1 cost of a project carried out with a grant under this 2 section 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 19 highway project; 20 ‘‘(B) the requirements of chapter 53 of 21 title 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 24 project. 25 444 •HR 3684 EH ‘‘(2) MULTIMODAL PROJECTS.— 1 ‘‘(A) IN GENERAL.—Except as otherwise 2 provided in this paragraph, if an eligible project 3 is a multimodal project, the Secretary shall— 4 ‘‘(i) determine the predominant modal 5 component of the project; and 6 ‘‘(ii) apply the applicable requirements 7 of such predominant modal component to 8 the project. 9 ‘‘(B) EXCEPTIONS.— 10 ‘‘(i) PASSENGER OR FREIGHT RAIL 11 COMPONENT.—For any passenger or 12 freight rail component of a project, the re- 13 quirements of section 22907(j)(2) of title 14 49 shall apply. 15 ‘‘(ii) PUBLIC TRANSPORTATION COM- 16 PONENT.—For any public transportation 17 component of a project, the requirements 18 of section 5333 of title 49 shall apply. 19 ‘‘(C) BUY AMERICA.—In applying the Buy 20 America requirements under section 313 of this 21 title and sections 5320, 22905(a), and 24305(f) 22 of title 49 to a multimodal project under this 23 paragraph, the Secretary shall— 24 445 •HR 3684 EH ‘‘(i) consider the various modal com- 1 ponents of the project; and 2 ‘‘(ii) seek to maximize domestic jobs. 3 ‘‘(m) TIFIA PROGRAM.—At the request of an eligible 4 entity under this section, the Secretary may use amounts 5 awarded to the entity to pay subsidy and administrative 6 costs necessary to provide the entity Federal credit assist- 7 ance under chapter 6 with respect to the project for which 8 the grant was awarded. 9 ‘‘(n) ADMINISTRATION.—Of the amounts made avail- 10 able to carry out this section, the Secretary may use up 11 to $5,000,000 in each fiscal year for the costs of admin- 12 istering the program under this section. 13 ‘‘(o) TECHNICAL ASSISTANCE.—Of the amounts 14 made available to carry out this section, the Secretary may 15 reserve up to $5,000,000 to provide technical assistance 16 to eligible entities. 17 ‘‘(p) CONGRESSIONAL REVIEW.— 18 ‘‘(1) NOTIFICATION.—Not less than 60 days be- 19 fore making an award under this section, the Sec- 20 retary shall submit to the Committee on Transpor- 21 tation and Infrastructure of the House of Represent- 22 atives and the Committee on Environment and Pub- 23 lic Works, the Committee on Banking, Housing, and 24 446 •HR 3684 EH Urban Affairs, and the Committee on Commerce, 1 Science, and Transportation of the Senate— 2 ‘‘(A) a list of all applications determined to 3 be eligible for a grant by the Secretary; 4 ‘‘(B) the quality ratings assigned to each 5 application pursuant to subsection (i); 6 ‘‘(C) a list of applications that received 7 final consideration by the Secretary to receive 8 an award under this section; 9 ‘‘(D) each application proposed to be se- 10 lected for a grant award; 11 ‘‘(E) proposed grant amounts, including 12 for each new multiyear grant agreement, the 13 proposed payout schedule for the project; and 14 ‘‘(F) an analysis of the impacts of any 15 large projects proposed to be selected on exist- 16 ing commitments and anticipated funding levels 17 for the next 4 fiscal years, based on information 18 available to the Secretary at the time of the re- 19 port. 20 ‘‘(2) COMMITTEE REVIEW.—Before the last day 21 of the 60-day period described in paragraph (1), 22 each Committee described in paragraph (1) shall re- 23 view the Secretary’s list of proposed projects. 24 447 •HR 3684 EH ‘‘(3) CONGRESSIONAL DISAPPROVAL.—The Sec- 1 retary may not make a grant or any other obligation 2 or commitment to fund a project under this section 3 if a joint resolution is enacted disapproving funding 4 for the project before the last day of the 60-day pe- 5 riod described in paragraph (1). 6 ‘‘(q) TRANSPARENCY.— 7 ‘‘(1) IN GENERAL.—Not later than 30 days 8 after awarding a grant for a project under this sec- 9 tion, the Secretary shall send to all applicants, and 10 publish on the website of the Department of Trans- 11 portation— 12 ‘‘(A) a summary of each application made 13 to the program for the grant application period; 14 and 15 ‘‘(B) the evaluation and justification for 16 the project selection, including ratings assigned 17 to all applications and a list of applications that 18 received final consideration by the Secretary to 19 receive an award under this section, for the 20 grant application period. 21 ‘‘(2) BRIEFING.—The Secretary shall provide, 22 at the request of a grant applicant under this sec- 23 tion, the opportunity to receive a briefing to explain 24 448 •HR 3684 EH any reasons the grant applicant was not awarded a 1 grant. 2 ‘‘(r) DEFINITION OF ELIGIBLE ENTITY.—In this sec- 3 tion, the term ‘eligible entity’ means— 4 ‘‘(1) a State or a group of States; 5 ‘‘(2) a unit of local government, including a 6 metropolitan planning organization, or a group of 7 local governments; 8 ‘‘(3) a political subdivision of a State or local 9 government; 10 ‘‘(4) a special purpose district or public author- 11 ity with a transportation function, including a port 12 authority; 13 ‘‘(5) an Indian Tribe or Tribal organization; 14 ‘‘(6) a Federal agency eligible to receive funds 15 under section 201, 203, or 204, including the Army 16 Corps of Engineers, Bureau of Reclamation, and the 17 Bureau of Land Management, that applies jointly 18 with a State or group of States; 19 ‘‘(7) a territory; and 20 ‘‘(8) a multistate or multijurisdictional group of 21 entities described in this subsection.’’. 22 (b) CLERICAL AMENDMENT.—The analysis for chap- 23 ter 1 of title 23, United States Code, is amended by strik- 24 449 •HR 3684 EH ing the item relating to section 117 and inserting the fol- 1 lowing: 2 ‘‘117. Projects of national and regional significance.’’. SEC. 1302. COMMUNITY TRANSPORTATION INVESTMENT 3 GRANT PROGRAM. 4 (a) IN GENERAL.—Chapter 1 of title 23, United 5 States Code, as amended by this title, is further amended 6 by adding at the end the following: 7 ‘‘§ 173. Community transportation investment grant 8 program 9 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab- 10 lish a community transportation investment grant pro- 11 gram to improve surface transportation safety, state of 12 good repair, accessibility, and environmental quality 13 through infrastructure investments. 14 ‘‘(b) GRANT AUTHORITY.— 15 ‘‘(1) IN GENERAL.—In carrying out the pro- 16 gram established under subsection (a), the Secretary 17 shall make grants, on a competitive basis, to eligible 18 entities in accordance with this section. 19 ‘‘(2) GRANT AMOUNT.—The maximum amount 20 of a grant under this section shall be $25,000,000. 21 ‘‘(c) APPLICATIONS.—To be eligible for a grant under 22 this section, an eligible entity shall submit to the Secretary 23 an application in such form, at such time, and containing 24 such information as the Secretary may require. 25 450 •HR 3684 EH ‘‘(d) ELIGIBLE PROJECT COSTS.—Grant amounts for 1 an eligible project carried out under this section may be 2 used for— 3 ‘‘(1) development phase activities, including 4 planning, feasibility analysis, revenue forecasting, 5 environmental review, preliminary engineering and 6 design work, and other preconstruction activities; 7 and 8 ‘‘(2) construction, reconstruction, rehabilitation, 9 acquisition of real property (including land related 10 to the project and improvements to such land), envi- 11 ronmental mitigation, construction contingencies, ac- 12 quisition of equipment, and operational improve- 13 ments. 14 ‘‘(e) RURAL AND COMMUNITY SETASIDES.— 15 ‘‘(1) IN GENERAL.—The Secretary shall re- 16 serve— 17 ‘‘(A) not less than 25 percent of the 18 amounts made available to carry out this sec- 19 tion for projects located in rural areas; and 20 ‘‘(B) not less than 25 percent of the 21 amounts made available to carry out this sec- 22 tion for projects located in areas with a popu- 23 lation greater than 74,999 individuals and 24 fewer than 200,001 individuals. 25 451 •HR 3684 EH ‘‘(2) DEFINITION OF RURAL AREA.—In this 1 subsection, the term ‘rural area’ means all areas of 2 a State or territory that are outside of an urbanized 3 area with a population greater than 74,999 individ- 4 uals, as determined by the Bureau of the Census. 5 ‘‘(3) INVESTMENTS IN COLONIAS.— 6 ‘‘(A) IN GENERAL.—Of the grants made 7 available under this section, for fiscal years 8 2023 through 2026, a total of not less than 9 $20,000,000 shall be made available to provide 10 grants that improve the safety, state of good re- 11 pair, or connectivity of surface transportation 12 infrastructure eligible under this section in and 13 providing access to, colonias. 14 ‘‘(B) RURAL AND COMMUNITY SET 15 ASIDES.—Funds made available under this sec- 16 tion in areas described in paragraphs (1)(A) or 17 (1)(B) shall count toward the set aside de- 18 scribed in the applicable paragraph. 19 ‘‘(C) COLONIA DEFINED.—In this sub- 20 section, the term ‘colonia’ means any identifi- 21 able community that— 22 ‘‘(i) is in the State of Arizona, Cali- 23 fornia, New Mexico, or Texas; 24 452 •HR 3684 EH ‘‘(ii) is in the area of the United 1 States within 150 miles of the border be- 2 tween the United States and Mexico, ex- 3 cept that the term does not include any 4 standard metropolitan statistical area that 5 has a population exceeding 1,000,000; and 6 ‘‘(iii) is determined to be a colonia on 7 the basis of objective criteria, including 8 lack of potable water supply, lack of ade- 9 quate sewage systems, and lack of decent, 10 safe, and sanitary housing. 11 ‘‘(4) EXCESS FUNDING.—If the Secretary de- 12 termines that there are insufficient qualified appli- 13 cants to use the funds set aside under this sub- 14 section, the Secretary may use such funds for grants 15 for any projects eligible under this section. 16 ‘‘(f) EVALUATION.—To evaluate applications under 17 this section, the Secretary shall— 18 ‘‘(1) develop a process to objectively evaluate 19 applications on the benefits of the project proposed 20 in such application— 21 ‘‘(A) to transportation safety, including re- 22 ductions in traffic fatalities and serious injuries; 23 ‘‘(B) to state of good repair, including im- 24 proved condition of bridges and pavements; 25 453 •HR 3684 EH ‘‘(C) to transportation system access, in- 1 cluding improved access to jobs and services; 2 and 3 ‘‘(D) in reducing greenhouse gas emis- 4 sions; 5 ‘‘(2) develop a rating system to assign a nu- 6 meric value to each application, based on each of the 7 criteria described in paragraph (1); 8 ‘‘(3) for each application submitted, compare 9 the total benefits of the proposed project, as deter- 10 mined by the rating system developed under para- 11 graph (2), with the costs of such project, and rank 12 each application based on the results of the compari- 13 son; and 14 ‘‘(4) ensure that only such applications that are 15 ranked highly based on the results of the comparison 16 conducted under paragraph (3) are considered to re- 17 ceive a grant under this section. 18 ‘‘(g) WEIGHTING.—In establishing the evaluation 19 process under subsection (f), the Secretary may assign dif- 20 ferent weights to the criteria described in subsection (f)(1) 21 based on project type, population served by a project, and 22 other context-sensitive considerations, provided that— 23 ‘‘(1) each application is rated on all criteria de- 24 scribed in subsection (f)(1); and 25 454 •HR 3684 EH ‘‘(2) each application has the same possible 1 minimum and maximum rating, regardless of any 2 differences in the weighting of criteria. 3 ‘‘(h) TRANSPARENCY.— 4 ‘‘(1) PUBLICLY AVAILABLE INFORMATION.— 5 Prior to the issuance of any notice of funding oppor- 6 tunity under this section, the Secretary shall make 7 publicly available on the website of the Department 8 of Transportation a detailed explanation of the eval- 9 uation and rating process developed under sub- 10 section (f), including any differences in the 11 weighting of criteria pursuant to subsection (g), if 12 applicable, and update such website for each revision 13 of the evaluation and rating process. 14 ‘‘(2) NOTIFICATIONS TO CONGRESS.—The Sec- 15 retary shall submit to the Committee on Transpor- 16 tation and Infrastructure of the House of Represent- 17 atives, the Committee on Environment and Public 18 Works of the Senate, the Committee on Banking, 19 Housing, and Urban Affairs of the Senate, and the 20 Committee on Commerce, Science, and Transpor- 21 tation of the Senate the following written notifica- 22 tions: 23 455 •HR 3684 EH ‘‘(A) A notification when the Secretary 1 publishes or updates the information required 2 under paragraph (1). 3 ‘‘(B) Not later than 30 days prior to the 4 date on which the Secretary awards a grant 5 under this section, a notification that in- 6 cludes— 7 ‘‘(i) the ratings of each application 8 submitted pursuant to subsection (f)(2); 9 ‘‘(ii) the ranking of each application 10 submitted pursuant to subsection (f)(3); 11 and 12 ‘‘(iii) a list of all applications that re- 13 ceive final consideration by the Secretary 14 to receive an award under this section pur- 15 suant to subsection (f)(4). 16 ‘‘(C) Not later than 3 business days prior 17 to the date on which the Secretary announces 18 the award of a grant under this section, a noti- 19 fication describing each grant to be awarded, 20 including the amount and the recipient. 21 ‘‘(i) TECHNICAL ASSISTANCE.—Of the amounts 22 made available to carry out this section, the Secretary may 23 reserve up to $3,000,000 in each fiscal year to provide 24 technical assistance to eligible entities. 25 456 •HR 3684 EH ‘‘(j) ADMINISTRATION.—Of the amounts made avail- 1 able to carry out this section, the Secretary may reserve 2 up to $5,000,000 for the administrative costs of carrying 3 out the program under this section. 4 ‘‘(k) TREATMENT OF PROJECTS.— 5 ‘‘(1) FEDERAL REQUIREMENTS.—The Secretary 6 shall, with respect to a project funded by a grant 7 under this section, apply— 8 ‘‘(A) the requirements of this title to a 9 highway project; 10 ‘‘(B) the requirements of chapter 53 of 11 title 49 to a public transportation project; and 12 ‘‘(C) the requirements of section 22905 of 13 title 49 to a passenger rail or freight rail 14 project. 15 ‘‘(2) MULTIMODAL PROJECTS.— 16 ‘‘(A) IN GENERAL.—Except as otherwise 17 provided in this paragraph, if an eligible project 18 is a multimodal project, the Secretary shall— 19 ‘‘(i) determine the predominant modal 20 component of the project; and 21 ‘‘(ii) apply the applicable requirements 22 of such predominant modal component to 23 the project. 24 ‘‘(B) EXCEPTIONS.— 25 457 •HR 3684 EH ‘‘(i) PASSENGER OR FREIGHT RAIL 1 COMPONENT.—For any passenger or 2 freight rail component of a project, the re- 3 quirements of section 22907(j)(2) of title 4 49 shall apply. 5 ‘‘(ii) PUBLIC TRANSPORTATION COM- 6 PONENT.—For any public transportation 7 component of a project, the requirements 8 of section 5333 of title 49 shall apply. 9 ‘‘(C) BUY AMERICA.—In applying the Buy 10 America requirements under section 313 of this 11 title and sections 5320, 22905(a), and 24305(f) 12 of title 49 to a multimodal project under this 13 paragraph, the Secretary shall— 14 ‘‘(i) consider the various modal com- 15 ponents of the project; and 16 ‘‘(ii) seek to maximize domestic jobs. 17 ‘‘(l) TRANSPARENCY.— 18 ‘‘(1) IN GENERAL.—Not later than 30 days 19 after awarding a grant for a project under this sec- 20 tion, the Secretary shall send to all applicants, and 21 publish on the website of the Department of Trans- 22 portation— 23 458 •HR 3684 EH ‘‘(A) a summary of each application made 1 to the program for the grant application period; 2 and 3 ‘‘(B) the evaluation and justification for 4 the project selection, including ratings and 5 rankings assigned to all applications and a list 6 of applications that received final consideration 7 by the Secretary to receive an award under this 8 section, for the grant application period. 9 ‘‘(2) BRIEFING.—The Secretary shall provide, 10 at the request of a grant applicant under this sec- 11 tion, the opportunity to receive a briefing to explain 12 any reasons the grant applicant was not awarded a 13 grant. 14 ‘‘(m) DEFINITIONS.—In this section: 15 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en- 16 tity’ means— 17 ‘‘(A) a metropolitan planning organization; 18 ‘‘(B) a unit of local government; 19 ‘‘(C) a transit agency; 20 ‘‘(D) an Indian Tribe or Tribal organiza- 21 tion; 22 ‘‘(E) a multijurisdictional group of entities 23 described in this paragraph; 24 459 •HR 3684 EH ‘‘(F) a special purpose district with a 1 transportation function or a port authority; 2 ‘‘(G) a territory; or 3 ‘‘(H) a State that applies for a grant 4 under this section jointly with an entity de- 5 scribed in subparagraphs (A) through (G). 6 ‘‘(2) ELIGIBLE PROJECT.—The term ‘eligible 7 project’ means any project eligible under this title or 8 chapter 53 of title 49.’’. 9 (b) CLERICAL AMENDMENT.—The analysis for chap- 10 ter 1 of title 23, United States Code, is further amended 11 by adding at the end the following new item: 12 ‘‘173. Community transportation investment grant program.’’. SEC. 1303. CLEAN CORRIDORS PROGRAM. 13 (a) PURPOSE.—The purpose of this section is to es- 14 tablish a formula program to strategically deploy electric 15 vehicle charging infrastructure along designated alter- 16 native fuel corridors that will be accessible to all drivers 17 of electric vehicles. 18 (b) NATIONAL ELECTRIC VEHICLE CHARGING AND 19 HYDROGEN, PROPANE, AND NATURAL GAS FUELING 20 CORRIDORS.—Section 151 of title 23, United States Code, 21 is amended— 22 (1) in subsection (a) by striking ‘‘Not later 23 than 1 year after the date of enactment of the 24 460 •HR 3684 EH FAST Act, the Secretary shall’’ and inserting ‘‘The 1 Secretary shall periodically’’; 2 (2) in subsection (b)(2) by inserting ‘‘previously 3 designated by the Federal Highway Administration 4 or’’ after ‘‘fueling corridors’’; 5 (3) in subsection (d)— 6 (A) by striking ‘‘Not later than’’ and in- 7 serting the following: 8 ‘‘(1) IN GENERAL.—Not later than’’; 9 (B) by striking ‘‘5 years after the date of 10 establishment of the corridors under subsection 11 (a), and every 5 years thereafter’’ and inserting 12 ‘‘180 days after the date of enactment of the 13 INVEST in America Act’’; 14 (C) by inserting ‘‘establish a recurring 15 process to regularly’’ after ‘‘the Secretary 16 shall’’; and 17 (D) by adding at the end the following: 18 ‘‘(2) FREIGHT CORRIDORS.—Not later than 1 19 year after the date of enactment of the INVEST in 20 America Act, the Secretary shall designate national 21 electric vehicle charging and hydrogen fueling freight 22 corridors that identify the near- and long-term need 23 for, and the location of, electric vehicle charging and 24 hydrogen fueling infrastructure to support freight 25 461 •HR 3684 EH and goods movement at strategic locations along 1 major national highways, the National Highway 2 Freight Network, and goods movement locations in- 3 cluding ports, intermodal centers, and warehousing 4 locations.’’; 5 (4) in subsection (e)— 6 (A) in paragraph (1) by striking ‘‘; and’’ 7 and inserting a semicolon; 8 (B) in paragraph (2)— 9 (i) by striking ‘‘establishes an aspira- 10 tional goal of achieving’’ and inserting ‘‘de- 11 scribes efforts to achieve’’; and 12 (ii) by striking ‘‘by the end of fiscal 13 year 2020.’’ and inserting ‘‘, including 14 progress on the implementation of sub- 15 section (f); and’’; 16 (C) by adding at the end the following: 17 ‘‘(3) summarizes best practices and provides 18 guidance, developed through consultation with the 19 Secretary of Energy, for project development of elec- 20 tric vehicle charging infrastructure to allow for the 21 predictable deployment of such infrastructure.’’; and 22 (5) by adding at the end the following: 23 ‘‘(f) CLEAN CORRIDORS PROGRAM.— 24 462 •HR 3684 EH ‘‘(1) ESTABLISHMENT.—There is established a 1 clean corridors program (referred to in this sub- 2 section as the ‘‘Program’’) to provide funding to 3 States to strategically deploy electric vehicle charg- 4 ing and hydrogen fueling infrastructure along alter- 5 native fuel corridors and to establish an inter- 6 connected network to facilitate data collection, ac- 7 cess, and reliability. 8 ‘‘(2) PURPOSE.—The purpose of the Program 9 is to provide funding for— 10 ‘‘(A) the acquisition and installation of 11 electric vehicle charging infrastructure and hy- 12 drogen fueling infrastructure to serve as a cata- 13 lyst for the deployment of such infrastructure 14 and to connect it to a network to facilitate data 15 collection, access, and reliability; 16 ‘‘(B) proper operation and maintenance of 17 electric vehicle charging infrastructure; and 18 ‘‘(C) data sharing about charging and fuel- 19 ing infrastructure to ensure the long-term suc- 20 cess of investments made through the Program. 21 ‘‘(3) ALTERNATIVE DISTRIBUTION OF FUNDS.— 22 ‘‘(A) PLAN.— 23 ‘‘(i) IN GENERAL.—The Secretary 24 shall establish a deadline by which a State 25 463 •HR 3684 EH shall provide a plan to the Secretary, in 1 such form and such manner that the Sec- 2 retary requires, describing how such State 3 intends to use its allocation under this sec- 4 tion. 5 ‘‘(ii) REPORT OF STATE PLANS TO 6 CONGRESS.—Not later than 120 days after 7 the deadline established in clause (i), the 8 Secretary shall submit to the Committee 9 on Transportation and Infrastructure of 10 the House of Representatives and the 11 Committee on Environment and Public 12 Works of the Senate a report detailing— 13 ‘‘(I) a summary of each plan sub- 14 mitted by a State to the Department 15 of Transportation; and 16 ‘‘(II) an assessment of how such 17 plans make progress towards the es- 18 tablishment of a national network of 19 electric vehicle charging stations. 20 ‘‘(B) EFFICIENT OBLIGATION OF 21 FUNDS.—If a State fails to submit the plan re- 22 quired by subparagraph (A) to the Secretary in 23 a timely manner, or if the Secretary determines 24 464 •HR 3684 EH a State has not taken sufficient action to carry 1 out its plan, the Secretary may— 2 ‘‘(i) withdraw from the State the 3 funds that were apportioned to the State 4 for a fiscal year under section 104(b)(10); 5 ‘‘(ii) award such funds on a competi- 6 tive basis to local units of government 7 within the State for use on projects that 8 meet the eligibility requirements described 9 in paragraph (4); and 10 ‘‘(iii) ensure timely obligation of such 11 funds. 12 ‘‘(C) REDISTRIBUTION AMONG STATES.—If 13 the Secretary determines that any funds with- 14 drawn from a State under subparagraph (B)(i) 15 cannot be fully awarded to local units of gov- 16 ernment within the State under subparagraph 17 (B)(ii) in a manner consistent with the purpose 18 of this subsection, any such funds remaining 19 under subparagraph (B)(i) shall be— 20 ‘‘(i) apportioned among other States 21 (except States for which funds for that fis- 22 cal year have been withdrawn under sub- 23 paragraph (B)(i)) in the same ratio as 24 funds apportioned for that fiscal year 25 465 •HR 3684 EH under section 104(b)(10)(C) for the Pro- 1 gram; and 2 ‘‘(ii) only available to carry out this 3 section. 4 ‘‘(4) ELIGIBLE PROJECTS.— 5 ‘‘(A) IN GENERAL.—Funding made avail- 6 able under this subsection shall be for 7 projects— 8 ‘‘(i) directly related to the electric 9 charging or hydrogen fueling of a vehicle; 10 and 11 ‘‘(ii) only for infrastructure that is 12 open to the general public or to authorized 13 commercial motor vehicle operators from 14 more than 1 company. 15 ‘‘(B) LOCATION OF INFRASTRUCTURE.— 16 ‘‘(i) IN GENERAL.—Any charging or 17 fueling infrastructure acquired or installed 18 with funding under this subsection shall be 19 located along an alternative fuel corridor. 20 ‘‘(ii) GUIDANCE.—Not later than 90 21 days after the date of enactment of the 22 INVEST in America Act, the Secretary of 23 Transportation, in coordination with the 24 Secretary of Energy, shall develop guid- 25 466 •HR 3684 EH ance for States and localities to strategi- 1 cally deploy charging and fueling infra- 2 structure along alternative fuel corridors, 3 consistent with this section. 4 ‘‘(iii) ADDITIONAL CONSIDER- 5 ATIONS.—In developing the guidance re- 6 quired under clause (ii), the Secretary of 7 Transportation, in coordination with the 8 Secretary of Energy, shall consider, as ap- 9 propriate— 10 ‘‘(I) the distance between publicly 11 available charging and fueling infra- 12 structure eligible under this section; 13 ‘‘(II) connections to the electric 14 grid or fuel distribution system, in- 15 cluding electric distribution upgrades, 16 vehicle-to-grid integration, including 17 smart charge management or other 18 protocols that can minimize impacts 19 to the electric grid, and alignment 20 with electric distribution interconnec- 21 tion processes; 22 ‘‘(III) meeting current and an- 23 ticipated market demands for charg- 24 ing or fueling infrastructure, including 25 467 •HR 3684 EH with regard to power levels and charg- 1 ing speed, and minimizing the time to 2 charge or refuel current and antici- 3 pated vehicles; 4 ‘‘(IV) plans to protect the electric 5 grid from added load of charging dis- 6 tribution systems from adverse im- 7 pacts of changing load patterns, in- 8 cluding through on site storage; 9 ‘‘(V) plans for the use of renew- 10 able energy sources to power charg- 11 ing, energy storage, and hydrogen fuel 12 production; 13 ‘‘(VI) the proximity of existing 14 off-highway travel centers, fuel retail- 15 ers, and small businesses to electric 16 vehicle charging infrastructure ac- 17 quired or funded under this sub- 18 section, including recommendations 19 for promoting efficient dwell times 20 based on best practices; 21 ‘‘(VII) the need for— 22 ‘‘(aa) publicly available elec- 23 tric vehicle charging infrastruc- 24 ture in rural corridors; 25 468 •HR 3684 EH ‘‘(bb) equitable deployment 1 of electric vehicle charging infra- 2 structure in underserved or dis- 3 advantaged communities; 4 ‘‘(cc) vehicle charging infra- 5 structure that is easily accessible 6 to residents of public or afford- 7 able housing and multi-unit 8 dwellings; and 9 ‘‘(dd) consideration of the 10 beneficial health impacts of in- 11 stalling electric vehicle charging 12 infrastructure in densely popu- 13 lated communities with high 14 rates of poverty, air pollution, 15 and asthma; 16 ‘‘(VIII) the long-term operation 17 and maintenance of publicly available 18 electric vehicle charging infrastructure 19 to avoid stranded assets and protect 20 the investment of public funds in that 21 infrastructure; 22 ‘‘(IX) existing private, national, 23 State, local, Tribal, and territorial 24 government electric vehicle charging 25 469 •HR 3684 EH infrastructure programs and incen- 1 tives; 2 ‘‘(X) fostering enhanced, coordi- 3 nated, public-private or private invest- 4 ment in charging and fueling infra- 5 structure; 6 ‘‘(XI) ensuring consumer protec- 7 tion and pricing transparency; 8 ‘‘(XII) the availability of onsite 9 amenities for vehicle operators, includ- 10 ing restrooms or food facilities; and 11 ‘‘(XIII) any other factors, as de- 12 termined by the Secretary. 13 ‘‘(5) ELIGIBLE PROJECT COSTS.—Subject to 14 paragraph (6), funds made available under this sub- 15 section may be used for— 16 ‘‘(A) the acquisition or installation of elec- 17 tric vehicle charging or hydrogen fueling infra- 18 structure; 19 ‘‘(B) operating assistance for costs allo- 20 cable to operating and maintaining infrastruc- 21 ture acquired or installed under this subsection, 22 for a period not to exceed five years; 23 ‘‘(C) the acquisition or installation of traf- 24 fic control devices located in the right-of-way to 25 470 •HR 3684 EH provide directional information to infrastructure 1 acquired, installed, or operated under this sub- 2 section; or 3 ‘‘(D) on-premises signs to provide informa- 4 tion about infrastructure acquired, installed, or 5 operated under this subsection. 6 ‘‘(6) PROJECT REQUIREMENTS.—Not later than 7 180 days after the date of enactment of the IN- 8 VEST in America Act, the Secretary of Transpor- 9 tation, in coordination with the Secretary of Energy 10 and in consultation with relevant stakeholders, shall, 11 as appropriate, develop standards and requirements 12 for electric vehicle charging infrastructure under this 13 subsection related to— 14 ‘‘(A) the installation, operation, or mainte- 15 nance by qualified technicians of electric vehicle 16 charging infrastructure funded under this sub- 17 section; 18 ‘‘(B) the interoperability of electric vehicle 19 charging infrastructure funded under this sub- 20 section; 21 ‘‘(C) any traffic control device or on-prem- 22 ises sign acquired, installed, or operated under 23 this subsection; 24 471 •HR 3684 EH ‘‘(D) any data requested by the Secretary 1 related to a project funded under this sub- 2 section, including the format and schedule for 3 the submission of such data; 4 ‘‘(E) network connectivity of electric vehi- 5 cle charging infrastructure funded under this 6 subsection that includes measures to protect 7 personal privacy and ensure cybersecurity; and 8 ‘‘(F) information on publicly available elec- 9 tric vehicle charging station locations, station 10 operator contact information, number of simul- 11 taneous refueling positions, pricing, and real- 12 time availability to be made publicly available 13 and easily accessible, including through applica- 14 ble mapping applications. 15 ‘‘(7) FEDERAL SHARE.—The Federal share 16 payable for the cost of a project funded under this 17 subsection shall be 80 percent. 18 ‘‘(8) PERIOD OF AVAILABILITY.—Notwith- 19 standing section 118(b), funds made available for 20 the Program shall be available until expended. 21 ‘‘(9) ADDITIONAL ASSISTANCE GRANTS.—For 22 each of fiscal years 2023 through 2026, before mak- 23 ing an apportionment under section 104(b)(10), the 24 Secretary shall set aside, from amounts made avail- 25 472 •HR 3684 EH able to carry out the clean corridors program under 1 this subsection, $100,000,000 for grants to States 2 or localities that require additional assistance to 3 strategically deploy infrastructure eligible under this 4 subsection along alternative fuel corridors to fill 5 gaps in the national charging network, including in 6 rural areas and underserved or disadvantaged com- 7 munities. 8 ‘‘(10) DEFINITION OF ALTERNATIVE FUEL COR- 9 RIDORS.—In this subsection, the term ‘alternative 10 fuel corridors’ means a fuel corridor— 11 ‘‘(A) designated under subsection (a); or 12 ‘‘(B) equivalent to a fuel corridor described 13 under such subsection that is designated, after 14 consultation with any affected Indian Tribes or 15 Tribal organizations, by a State or group of 16 States.’’. 17 SEC. 1304. COMMUNITY CLIMATE INNOVATION GRANTS. 18 (a) IN GENERAL.—Chapter 1 of title 23, United 19 States Code, as amended by this title, is further amended 20 by inserting after section 171 the following: 21 ‘‘§ 172. Community climate innovation grants 22 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab- 23 lish a community climate innovation grant program (in 24 this section referred to as the ‘Program’) to make grants, 25 473 •HR 3684 EH on a competitive basis, for locally selected projects that 1 reduce greenhouse gas emissions while improving the mo- 2 bility, accessibility, and connectivity of the surface trans- 3 portation system. 4 ‘‘(b) PURPOSE.—The purpose of the Program shall 5 be to support communities in reducing greenhouse gas 6 emissions from the surface transportation system. 7 ‘‘(c) ELIGIBLE APPLICANTS.—The Secretary may 8 make grants under the Program to the following entities: 9 ‘‘(1) A metropolitan planning organization. 10 ‘‘(2) A unit of local government or a group of 11 local governments, or a county or multi-county spe- 12 cial district. 13 ‘‘(3) A subdivision of a local government. 14 ‘‘(4) A transit agency. 15 ‘‘(5) A special purpose district with a transpor- 16 tation function or a port authority. 17 ‘‘(6) An Indian Tribe or Tribal organization. 18 ‘‘(7) A territory. 19 ‘‘(8) A multijurisdictional group of entities de- 20 scribed in paragraphs (1) through (7). 21 ‘‘(d) APPLICATIONS.—To be eligible for a grant 22 under the Program, an entity specified in subsection (c) 23 shall submit to the Secretary an application in such form, 24 474 •HR 3684 EH at such time, and containing such information as the Sec- 1 retary determines appropriate. 2 ‘‘(e) ELIGIBLE PROJECTS.—The Secretary may only 3 provide a grant under the Program for a project that is 4 expected to yield a significant reduction in greenhouse gas 5 emissions from the surface transportation system and— 6 ‘‘(1) is a project eligible for assistance under 7 this title or under chapter 53 of title 49, or is a cap- 8 ital project for vehicles and facilities, whether pub- 9 licly or privately owned, that are used to provide 10 intercity passenger service by bus; or 11 ‘‘(2) is a capital project as defined in section 12 22906 of title 49 to improve intercity passenger rail 13 that will yield a significant reduction in single occu- 14 pant vehicle trips and improve mobility on public 15 roads. 16 ‘‘(f) ELIGIBLE USES.—Grant amounts received for a 17 project under the Program may be used for— 18 ‘‘(1) development phase activities, including 19 planning, feasibility analysis, revenue forecasting, 20 environmental review, preliminary engineering and 21 design work, and other preconstruction activities; 22 and 23 ‘‘(2) construction, reconstruction, rehabilitation, 24 acquisition of real property (including land related 25 475 •HR 3684 EH to the project and improvements to the land), envi- 1 ronmental mitigation, construction contingencies, ac- 2 quisition of equipment, and operational improve- 3 ments. 4 ‘‘(g) PROJECT PRIORITIZATION.—In making grants 5 for projects under the Program, the Secretary shall give 6 priority to projects that are expected to yield the most sig- 7 nificant reductions in greenhouse gas emissions from the 8 surface transportation system. 9 ‘‘(h) ADDITIONAL CONSIDERATIONS.—In making 10 grants for projects under the Program, the Secretary shall 11 consider the extent to which— 12 ‘‘(1) a project maximizes greenhouse gas reduc- 13 tions in a cost-effective manner; 14 ‘‘(2) a project reduces dependence on single-oc- 15 cupant vehicle trips or provides additional transpor- 16 tation options; 17 ‘‘(3) a project improves the connectivity and ac- 18 cessibility of the surface transportation system, par- 19 ticularly to low- and zero-emission forms of trans- 20 portation, including public transportation, walking, 21 and bicycling; 22 ‘‘(4) an applicant has adequately considered or 23 will adequately consider, including through the op- 24 476 •HR 3684 EH portunity for public comment, the environmental jus- 1 tice and equity impacts of the project; 2 ‘‘(5) a project contributes to geographic diver- 3 sity among grant recipients, including to achieve a 4 balance between urban, suburban, and rural commu- 5 nities; 6 ‘‘(6) a project serves low-income residents of 7 low-income communities, including areas of per- 8 sistent poverty, while not displacing such residents; 9 ‘‘(7) a project uses pavement materials that 10 demonstrate reductions in greenhouse gas emissions 11 through sequestration or innovative manufacturing 12 processes; 13 ‘‘(8) a project repurposes neglected or 14 underused infrastructure, including abandoned high- 15 ways, bridges, railways, trail ways, and adjacent 16 underused spaces, into new hybrid forms of public 17 space that support multiple modes of transportation; 18 and 19 ‘‘(9) a project includes regional multimodal 20 transportation system management and operations 21 elements that will improve the effectiveness of such 22 project and encourage reduction of single occupancy 23 trips by providing the ability of users to plan, use, 24 and pay for multimodal transportation alternatives. 25 477 •HR 3684 EH ‘‘(i) FUNDING.— 1 ‘‘(1) MAXIMUM AMOUNT.—The maximum 2 amount of a grant under the Program shall be 3 $25,000,000. 4 ‘‘(2) TECHNICAL ASSISTANCE.—Of the amounts 5 made available to carry out the Program, the Sec- 6 retary may use up to 1 percent to provide technical 7 assistance to applicants and potential applicants. 8 ‘‘(j) TREATMENT OF PROJECTS.— 9 ‘‘(1) FEDERAL REQUIREMENTS.—The Secretary 10 shall, with respect to a project funded by a grant 11 under this section, apply— 12 ‘‘(A) the requirements of this title to a 13 highway project; 14 ‘‘(B) the requirements of chapter 53 of 15 title 49 to a public transportation project; and 16 ‘‘(C) the requirements of section 22905 of 17 title 49 to a passenger rail or freight rail 18 project. 19 ‘‘(2) MULTIMODAL PROJECTS.— 20 ‘‘(A) IN GENERAL.—Except as otherwise 21 provided in this paragraph, if an eligible project 22 is a multimodal project, the Secretary shall— 23 ‘‘(i) determine the predominant modal 24 component of the project; and 25 478 •HR 3684 EH ‘‘(ii) apply the applicable requirements 1 of such predominant modal component to 2 the project. 3 ‘‘(B) EXCEPTIONS.— 4 ‘‘(i) PASSENGER OR FREIGHT RAIL 5 COMPONENT.—For any passenger or 6 freight rail component of a project, the re- 7 quirements of section 22907(j)(2) of title 8 49 shall apply. 9 ‘‘(ii) PUBLIC TRANSPORTATION COM- 10 PONENT.—For any public transportation 11 component of a project, the requirements 12 of section 5333 of title 49 shall apply. 13 ‘‘(C) BUY AMERICA.—In applying the Buy 14 America requirements under section 313 of this 15 title and sections 5320, 22905(a), and 24305(f) 16 of title 49 to a multimodal project under this 17 paragraph, the Secretary shall— 18 ‘‘(i) consider the various modal com- 19 ponents of the project; and 20 ‘‘(ii) seek to maximize domestic jobs. 21 ‘‘(k) SINGLE-OCCUPANCY VEHICLE HIGHWAY FA- 22 CILITIES.—None of the funds provided under this section 23 may be used for a project that will result in the construc- 24 tion of new capacity available to single occupant vehicles 25 479 •HR 3684 EH unless the project consists of a high-occupancy vehicle fa- 1 cility and is consistent with section 166. 2 ‘‘(l) PUBLIC COMMENT.—Prior to issuing the notice 3 of funding opportunity for funding under this section for 4 fiscal year 2023, the Secretary, in consultation with the 5 Administrator of the Environmental Protection Agency, 6 shall solicit public comment on the method of determining 7 the significant reduction in greenhouse gas emissions re- 8 quired under subsection (e). 9 ‘‘(m) CONSULTATION.—Prior to making an award 10 under this section in a given fiscal year, the Secretary 11 shall consult with the Administrator of the Environmental 12 Protection Agency to determine which projects are ex- 13 pected to yield a significant reduction in greenhouse gas 14 emissions as required under subsection (e). 15 ‘‘(n) RURAL SET-ASIDE.— 16 ‘‘(1) IN GENERAL.—The Secretary shall set 17 aside not less than 10 percent of the amounts made 18 available to carry out this section for projects lo- 19 cated in rural areas. 20 ‘‘(2) DEFINITION OF RURAL AREA.—In this 21 subsection, the term ‘rural area’ means all areas of 22 a State or territory that are outside of an urbanized 23 area with a population greater than 74,999 individ- 24 uals, as determined by the Bureau of the Census.’’. 25 480 •HR 3684 EH (b) CLERICAL AMENDMENT.—The analysis for chap- 1 ter 1 of title 23, United States Code, is amended by insert- 2 ing after the item relating to section 171 the following: 3 ‘‘172. Community climate innovation grants.’’. SEC. 1305. METRO PERFORMANCE PROGRAM. 4 (a) ESTABLISHMENT.—The Secretary of Transpor- 5 tation shall establish a metro performance program in ac- 6 cordance with this section to enhance local decision mak- 7 ing and provide enhanced local control in transportation 8 project delivery. 9 (b) DIRECT RECIPIENT DESIGNATION.— 10 (1) IN GENERAL.—The Secretary shall des- 11 ignate high-performing metropolitan planning orga- 12 nizations and units of local government based on the 13 criteria in paragraph (3) to be direct recipients of 14 funds under this section. 15 (2) AUTHORITY.—Nothing in this section shall 16 be construed to prohibit a direct recipient from tak- 17 ing any action otherwise authorized to secure and 18 expend Federal funds authorized under chapter 1 of 19 title 23, United States Code. 20 (3) CRITERIA.—In designating an applicant 21 under this subsection, the Secretary shall consider, 22 where applicable— 23 (A) the legal, financial, and technical ca- 24 pacity of the applicant; 25 481 •HR 3684 EH (B) the level of coordination between the 1 applicant and— 2 (i) the State department of transpor- 3 tation of the State or States in which the 4 metropolitan planning area or unit of local 5 government represented by the applicant is 6 located; 7 (ii) local governments, the metropoli- 8 tan planning organization, and providers of 9 public transportation within the area rep- 10 resented by the applicant; and 11 (iii) if more than one metropolitan 12 planning organization is designated within 13 an urbanized area represented by the ap- 14 plicant, any other such metropolitan plan- 15 ning organization; 16 (C) in the case of an applicant that rep- 17 resents an urbanized area population of greater 18 than 200,000, the effectiveness of project deliv- 19 ery and timely obligation of funds made avail- 20 able under section 133(d)(1)(A)(i) of title 23, 21 United States Code; 22 (D) if the applicant or a local government 23 within the metropolitan planning area that the 24 applicant represents has been the recipient of a 25 482 •HR 3684 EH discretionary grant from the Secretary within 1 the preceding 5 years, the administration of 2 such grant; 3 (E) the extent to which the planning and 4 decision making process of the applicant, in- 5 cluding the long-range transportation plan and 6 the approved transportation improvement pro- 7 gram under section 134 of such title, support— 8 (i) the performance goals established 9 under section 150(b) of such title; and 10 (ii) the achievement of metropolitan 11 or statewide performance targets estab- 12 lished under section 150(d) of such title; 13 (F) whether the applicant is a designated 14 recipient of funds as described under subpara- 15 graphs (A) and (B) of section 5302(4) of title 16 49, United States Code, or a direct recipient of 17 funds under section 5307 of such title from the 18 Federal Transit Administration; 19 (G) if the applicant is a unit of local gov- 20 ernment, whether the applicable metropolitan 21 planning organization has been designated as a 22 direct recipient; and 23 (H) any other criteria established by the 24 Secretary. 25 483 •HR 3684 EH (4) REQUIREMENTS.— 1 (A) CALL FOR NOMINATION.—Not later 2 than February 1, 2022, the Secretary shall 3 publish in the Federal Register a notice solic- 4 iting applications for designation under this 5 subsection. 6 (B) GUIDANCE.—The notification under 7 paragraph (1) shall include guidance on the re- 8 quirements and responsibilities of a direct re- 9 cipient under this section, including imple- 10 menting regulations. 11 (C) DETERMINATION.—The Secretary 12 shall make all designations under this section 13 for fiscal year 2023 not later than June 1, 14 2022. 15 (5) TERM.—Except as provided in paragraph 16 (6), a designation under this subsection shall— 17 (A) be for a period of not less than 5 18 years; and 19 (B) be renewable. 20 (6) TERMINATION.— 21 (A) IN GENERAL.—The Secretary shall es- 22 tablish procedures for the termination of a des- 23 ignation under this subsection. 24 484 •HR 3684 EH (B) CONSIDERATIONS.—In establishing 1 procedures under subparagraph (A), the Sec- 2 retary shall consider— 3 (i) with respect to projects carried out 4 under this section, compliance with the re- 5 quirements of title 23, United States Code, 6 or chapter 53 of title 49, United States 7 Code; and 8 (ii) the obligation rate of any funds— 9 (I) made available under this sec- 10 tion; and 11 (II) in the case of a metropolitan 12 planning organization that represents 13 a metropolitan planning area with an 14 urbanized area population of greater 15 than 200,000, made available under 16 section 133(d)(1)(A)(i) of title 23, 17 United States Code. 18 (c) USE OF FUNDS.— 19 (1) ELIGIBLE PROJECTS.—Funds made avail- 20 able under this section may be obligated for the pur- 21 poses described in section 133(b) or 148 of title 23, 22 United States Code. 23 (2) ADMINISTRATIVE EXPENSES AND TECH- 24 NICAL ASSISTANCE.—Of the amounts made available 25 485 •HR 3684 EH under this section, the Secretary may set aside not 1 more than $5,000,000 for each fiscal year in each 2 of fiscal years 2023 through 2026 for program man- 3 agement, oversight, and technical assistance to di- 4 rect recipients. 5 (d) RESPONSIBILITIES OF DIRECT RECIPIENTS.— 6 (1) DIRECT AVAILABILITY OF FUNDS.—Not- 7 withstanding title 23, United States Code, the 8 amounts made available under this section shall be 9 allocated to each direct recipient for obligation. 10 (2) DISTRIBUTION OF AMOUNTS AMONG DIRECT 11 RECIPIENTS.— 12 (A) IN GENERAL.—Subject to subpara- 13 graph (B), on the first day of the fiscal year for 14 which funds are made available under this sec- 15 tion, the Secretary shall allocate such funds to 16 each direct recipient as the proportion of the 17 population (as determined by data collected by 18 the Bureau of the Census) of the urbanized 19 area represented by any 1 direct recipient bears 20 to the total population of all of urbanized areas 21 represented by all direct recipients. 22 (B) MINIMUM AND MAXIMUM AMOUNTS.— 23 Of funds allocated to direct recipients under 24 subparagraph (A), each direct recipient shall re- 25 486 •HR 3684 EH ceive not less than $10,000,000 and not more 1 than $50,000,000 each fiscal year. 2 (C) MINIMUM GUARANTEED AMOUNT.—In 3 making a determination whether to designate a 4 metropolitan planning organization or unit of 5 local government as a direct recipient under 6 subsection (b), the Secretary shall ensure that 7 each direct recipient receives the minimum re- 8 quired allocation under subparagraph (B). 9 (D) ADDITIONAL AMOUNTS.—If any 10 amounts remain undistributed after the dis- 11 tribution described in this subsection, such re- 12 maining amounts and an associated amount of 13 obligation limitation shall be made available as 14 if suballocated under clauses (i) and (ii) of sec- 15 tion 133(d)(1)(A) of title 23, United States 16 Code, and distributed among the States in the 17 proportion that the relative shares of the popu- 18 lation (as determined by data collected by the 19 Bureau of the Census) of the urbanized areas 20 of each State bears to the total populations of 21 all urbanized areas across all States. 22 (3) PROJECT DELIVERY.— 23 (A) IN GENERAL.—For 1 or more projects 24 carried out with funds provided under this sec- 25 487 •HR 3684 EH tion, the direct recipient may, consistent with 1 the agreement entered into with the Secretary 2 under this paragraph, assume the Federal-aid 3 highway project approval and oversight respon- 4 sibilities vested in the State department of 5 transportation under section 106 of title 23, 6 United States Code. 7 (B) PARTNERSHIP.—The direct recipient 8 may partner with a State, unit of local govern- 9 ment, regional entity, or transit agency to carry 10 out a project under this section. 11 (C) PROCEDURAL, LEGAL, AND SUB- 12 STANTIVE REQUIREMENTS.—A direct recipient 13 entering into an agreement with the Secretary 14 under this section shall assume responsibility 15 for compliance with all procedural and sub- 16 stantive requirements as would apply if that re- 17 sponsibility were carried out by a State, unless 18 the direct recipient or the Secretary determines 19 that such assumption of responsibility for 1 or 20 more of the procedural and substantive require- 21 ments is not appropriate. 22 (D) WRITTEN AGREEMENT.—The Sec- 23 retary and the direct recipient shall enter into 24 an agreement in writing relating to the extent 25 488 •HR 3684 EH to which the direct recipient assumes the re- 1 sponsibilities of the Secretary under this para- 2 graph. Such agreement shall be developed in 3 consultation with the State. 4 (E) USE OF FUNDS.—The direct recipient 5 may use amounts made available under this 6 section for costs incurred in implementing this 7 paragraph and to compensate a State, unit of 8 local government, or transit agency for costs in- 9 curred in providing assistance under this para- 10 graph. 11 (F) LIMITATIONS.—The direct recipient 12 may not assume responsibilities described in 13 subparagraph (A) for any project that the Sec- 14 retary determines to be in a high-risk category, 15 including projects on the National Highway 16 System. 17 (G) SELF-CERTIFICATION AND COMPLI- 18 ANCE.—The Secretary may conduct risk-based 19 stewardship and oversight of a direct recipient’s 20 performance of the assumed responsibilities 21 specified in the agreement under subparagraph 22 (D), as determined appropriate by the Sec- 23 retary. 24 (e) EXPENDITURE OF FUNDS.— 25 489 •HR 3684 EH (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 re- 4 quirements of section 134 of title 23, United States 5 Code, and section 5303 of title 49, United States 6 Code. 7 (2) SELECTION OF PROJECTS.— 8 (A) IN GENERAL.—Notwithstanding sub- 9 sections (j)(5) and (k)(4) of section 134 of title 10 23, United States Code, or subsections (j)(5) 11 and (k)(4) of section 5303 of title 49, United 12 States Code, a direct recipient shall select, from 13 the approved transportation improvement pro- 14 gram under such sections, all projects to be 15 funded under this section, including projects on 16 the National Highway System. 17 (B) ELIGIBLE PROJECTS.—The project se- 18 lection process described in this subsection shall 19 apply to all federally funded projects within the 20 boundaries of a metropolitan planning area or 21 unit of local government served by a direct re- 22 cipient that are carried out under this section. 23 490 •HR 3684 EH (C) CONSULTATION REQUIRED.—In select- 1 ing a project under this subsection, the direct 2 recipient shall consult with— 3 (i) in the case of a highway project, 4 the State and locality in which such project 5 is located; and 6 (ii) in the case of a transit project, 7 any affected public transportation oper- 8 ator. 9 (3) RULE OF CONSTRUCTION.—Nothing in this 10 section shall be construed to limit the ability of a di- 11 rect recipient to partner with a State department of 12 transportation or other recipient of Federal funds 13 under title 23, United States Code, or chapter 53 of 14 title 49, United States Code, to carry out a project. 15 (f) TREATMENT OF FUNDS.— 16 (1) IN GENERAL.—Except as provided in this 17 section, funds made available to carry out this sec- 18 tion shall be administered as if apportioned under 19 chapter 1 of title 23, United States Code. 20 (2) FEDERAL SHARE.—The Federal share of 21 the cost of a project carried out under this section 22 shall be determined in accordance with section 120 23 of title 23, United States Code. 24 (g) REPORT.— 25 491 •HR 3684 EH (1) DIRECT RECIPIENT REPORT.—Not later 1 than 60 days after the end of each fiscal year, each 2 direct recipient shall submit to the Secretary a re- 3 port that includes— 4 (A) a list of projects funded with amounts 5 provided under this section; 6 (B) a description of any obstacles to com- 7 plete projects or timely obligation of funds; and 8 (C) recommendations to improve the effec- 9 tiveness of the program under this section. 10 (2) REPORT TO CONGRESS.—Not later than Oc- 11 tober 1, 2024, the Secretary shall submit to the 12 Committee on Environment and Public Works of the 13 Senate and the Committee on Transportation and 14 Infrastructure of the House of Representatives a re- 15 port that— 16 (A) summarizes the findings of each direct 17 recipient provided under paragraph (1); 18 (B) describes the efforts undertaken by 19 both direct recipients and the Secretary to en- 20 sure compliance with the requirements of title 21 23 and chapter 53 of title 49, United States 22 Code; 23 492 •HR 3684 EH (C) analyzes the capacity of direct recipi- 1 ents to receive direct allocations of funds under 2 chapter 1 of title 23, United States Code; and 3 (D) provides recommendations from the 4 Secretary to— 5 (i) improve the administration, over- 6 sight, and performance of the program es- 7 tablished under this section; 8 (ii) improve the effectiveness of direct 9 recipients to complete projects and obligate 10 funds in a timely manner; and 11 (iii) evaluate options to expand the 12 authority provided under this section, in- 13 cluding to allow for the direct allocation to 14 metropolitan planning organizations or 15 units of local government of funds made 16 available to carry out clause (i) or (ii) of 17 section 133(d)(1)(A) of title 23, United 18 States Code. 19 (3) UPDATE.—Not less frequently than every 2 20 years, the Secretary shall update the report de- 21 scribed in paragraph (2). 22 (h) DEFINITIONS.— 23 (1) DIRECT RECIPIENT.—In this section, the 24 term ‘‘direct recipient’’ means a metropolitan plan- 25 493 •HR 3684 EH ning organization or unit of local government des- 1 ignated by the Secretary as high-performing under 2 subsection (b) and that was directly allocated funds 3 as described in subsection (d). 4 (2) METROPOLITAN PLANNING AREA.—The 5 term ‘‘metropolitan planning area’’ has the meaning 6 given such term in section 134 of title 23, United 7 States Code. 8 (3) METROPOLITAN PLANNING ORGANIZA- 9 TION.—The term ‘‘metropolitan planning organiza- 10 tion’’ has the meaning given such term in section 11 134 of title 23, United States Code. 12 (4) NATIONAL HIGHWAY SYSTEM.—The term 13 ‘‘National Highway System’’ has the meaning given 14 such term in section 101 of title 23, United States 15 Code. 16 (5) STATE.—The term ‘‘State’’ has the mean- 17 ing given such term in section 101 of title 23, 18 United States Code. 19 (6) URBANIZED AREA.—The term ‘‘urbanized 20 area’’ has the meaning given such term in section 21 134 of title 23, United States Code. 22 SEC. 1306. GRIDLOCK REDUCTION GRANT PROGRAM. 23 (a) ESTABLISHMENT.—The Secretary of Transpor- 24 tation shall establish a gridlock reduction program to 25 494 •HR 3684 EH make grants, on a competitive basis, for projects to re- 1 duce, and mitigate the adverse impacts of, traffic conges- 2 tion. 3 (b) APPLICATIONS.—To be eligible for a grant under 4 this section, an applicant shall submit to the Secretary an 5 application in such form, at such time, and containing 6 such information as the Secretary determines appropriate. 7 (c) ELIGIBILITY.— 8 (1) ELIGIBLE APPLICANTS.—The Secretary 9 may make grants under this section to an applicant 10 that serves an eligible area and that is— 11 (A) a metropolitan planning organization; 12 (B) a unit of local government or a group 13 of local governments; 14 (C) a multijurisdictional group of entities 15 described in subparagraphs (A) and (B); 16 (D) a special purpose district or public au- 17 thority with a transportation function, including 18 a port authority; or 19 (E) a State that is in partnership with an 20 entity or group of entities described in subpara- 21 graph (A), (B), or (C). 22 (2) ELIGIBLE AREA.—An eligible area for an el- 23 igible entity under paragraph (1) shall be— 24 495 •HR 3684 EH (A) a combined statistical area, as defined 1 by the Office of Management and Budget, with 2 a population of not less than 1,300,000; or 3 (B) a metropolitan statistical area that is 4 not part of a combined statistical area, as de- 5 fined by the Office of Management and Budget, 6 that has a population of not less than 750,000. 7 (d) ELIGIBLE PROJECTS.—The Secretary may award 8 grants under this section to applicants that submit a com- 9 prehensive program of surface transportation-related 10 projects to reduce traffic congestion and related adverse 11 impacts, including a project for one or more of the fol- 12 lowing: 13 (1) Transportation systems management and 14 operations, including strategies to improve the oper- 15 ations of high-occupancy vehicle lanes. 16 (2) Intelligent transportation systems to im- 17 prove connectivity and innovation. 18 (3) Real-time traveler information. 19 (4) Traffic incident management. 20 (5) Active traffic management. 21 (6) Traffic signal timing. 22 (7) Multimodal travel payment systems. 23 (8) Transportation demand management, in- 24 cluding employer-based commuting programs such 25 496 •HR 3684 EH as carpool, vanpool, transit benefit, parking cashout, 1 shuttle, or telework programs. 2 (9) A project to provide transportation options 3 to reduce traffic congestion, including— 4 (A) a project under chapter 53 of title 49, 5 United States Code, including value capture 6 and transit-oriented development projects; 7 (B) a bicycle or pedestrian project, includ- 8 ing a project to provide safe and connected ac- 9 tive transportation networks; and 10 (C) a surface transportation project car- 11 ried out in accordance with the national travel 12 and tourism infrastructure strategic plan under 13 section 1431(e) of the FAST Act (49 U.S.C. 14 301 note). 15 (10) Any other project, as determined appro- 16 priate by the Secretary utilizing eligible projects. 17 (e) AWARD PRIORITIZATION.— 18 (1) IN GENERAL.—In selecting grants under 19 this section, the Secretary shall prioritize applicants 20 serving urbanized areas, as described in subsection 21 (c), that are experiencing a high degree of recurrent 22 transportation congestion, as determined by the Sec- 23 retary. 24 497 •HR 3684 EH (2) ADDITIONAL CONSIDERATIONS.—In select- 1 ing grants under this section, the Secretary shall 2 also consider the extent to which the project 3 would— 4 (A) reduce traffic congestion and improve 5 the reliability of the surface transportation sys- 6 tem; 7 (B) mitigate the adverse impacts of traffic 8 congestion on the surface transportation sys- 9 tem, including safety and environmental im- 10 pacts; 11 (C) maximize the use of existing capacity; 12 and 13 (D) employ innovative, integrated, and 14 multimodal solutions to the items described in 15 subparagraphs (A), (B), and (C). 16 (f) FEDERAL SHARE.— 17 (1) IN GENERAL.—The Federal share of the 18 cost of a project carried out under this section may 19 not exceed 60 percent. 20 (2) MAXIMUM FEDERAL SHARE.—Federal as- 21 sistance other than a grant for a project under this 22 section may be used to satisfy the non-Federal share 23 of the cost of such project, except that the total Fed- 24 eral assistance provided for a project receiving a 25 498 •HR 3684 EH grant under this section may not exceed 80 percent 1 of the total project cost. 2 (g) USE OF FUNDS.—Funds made available for a 3 project under this section may be used for— 4 (1) development phase activities, including plan- 5 ning, feasibility analysis, revenue forecasting, envi- 6 ronmental review, preliminary engineering and de- 7 sign work, and other preconstruction activities; and 8 (2) construction, reconstruction, rehabilitation, 9 acquisition of real property (including land related 10 to the project and improvements to the land), envi- 11 ronmental mitigation, construction contingencies, ac- 12 quisition of equipment, and operational improve- 13 ments. 14 (h) FUNDING.— 15 (1) GRANT AMOUNT.—A grant under this sec- 16 tion shall be in an amount not less than 17 $10,000,000 and not more than $50,000,000. 18 (2) AVAILABILITY.—Funds made available 19 under this program shall be available until expended. 20 (i) FREIGHT PROJECT SET-ASIDE.— 21 (1) IN GENERAL.—The Secretary shall set aside 22 not less than 50 percent of the funds made available 23 to carry out this section for grants for freight 24 projects under this subsection. 25 499 •HR 3684 EH (2) ELIGIBLE USES.—The Secretary shall pro- 1 vide funds set aside under this subsection to appli- 2 cants that submit a comprehensive program of sur- 3 face transportation-related projects to reduce 4 freight-related traffic congestion and related adverse 5 impacts, including— 6 (A) freight intelligent transportation sys- 7 tems; 8 (B) real-time freight parking information; 9 (C) real-time freight routing information; 10 (D) freight transportation and delivery 11 safety projects; 12 (E) first-mile and last-mile delivery solu- 13 tions; 14 (F) shifting freight delivery to off-peak 15 travel times; 16 (G) reducing greenhouse gas emissions and 17 air pollution from freight transportation and 18 delivery, including through the use of innovative 19 vehicles that produce fewer greenhouse gas 20 emissions; 21 (H) use of centralized delivery locations; 22 (I) designated freight vehicle parking and 23 staging areas; 24 (J) curb space management; and 25 500 •HR 3684 EH (K) other projects, as determined appro- 1 priate by the Secretary. 2 (3) AWARD PRIORITIZATION.— 3 (A) IN GENERAL.—In providing funds set 4 aside under this section, the Secretary shall 5 prioritize applicants serving urbanized areas, as 6 described in subsection (c), that are experi- 7 encing a high degree of recurrent congestion 8 due to freight transportation, as determined by 9 the Secretary. 10 (B) ADDITIONAL CONSIDERATIONS.—In 11 providing funds set aside under this subsection, 12 the Secretary shall consider the extent to which 13 the proposed project— 14 (i) reduces freight-related traffic con- 15 gestion and improves the reliability of the 16 freight transportation system; 17 (ii) mitigates the adverse impacts of 18 freight-related traffic congestion on the 19 surface transportation system, including 20 safety and environmental impacts; 21 (iii) maximizes the use of existing ca- 22 pacity; 23 501 •HR 3684 EH (iv) employs innovative, integrated, 1 and multimodal solutions to the items de- 2 scribed in clauses (i) through (iii); 3 (v) leverages Federal funds with non- 4 Federal contributions; and 5 (vi) integrates regional multimodal 6 transportation management and oper- 7 ational projects that address both pas- 8 senger and freight congestion. 9 (4) FLEXIBILITY.—If the Secretary determines 10 that there are insufficient qualified applicants to use 11 the funds set aside under this subsection, the Sec- 12 retary may use such funds for grants for any 13 projects eligible under this section. 14 (j) REPORT.— 15 (1) RECIPIENT REPORT.—The Secretary shall 16 ensure that not later than 2 years after the Sec- 17 retary awards grants under this section, the recipi- 18 ent of each such grant submits to the Secretary a 19 report that contains— 20 (A) information on each activity or project 21 that received funding under this section; 22 (B) a summary of any non-Federal re- 23 sources leveraged by a grant under this section; 24 502 •HR 3684 EH (C) any statistics, measurements, or quan- 1 titative assessments that demonstrate the con- 2 gestion reduction, reliability, safety, and envi- 3 ronmental benefits achieved through activities 4 or projects that received funding under this sec- 5 tion; and 6 (D) any additional information required by 7 the Secretary. 8 (2) REPORT TO CONGRESS.—Not later than 9 9 months after the date specified in paragraph (1), the 10 Secretary shall submit to the Committee on Trans- 11 portation and Infrastructure of the House of Rep- 12 resentatives and the Committee on Environment and 13 Public Works, the Committee on Commerce, Science, 14 and Transportation, and the Committee on Banking, 15 Housing, and Urban Affairs of the Senate, and 16 make publicly available on a website, a report detail- 17 ing— 18 (A) a summary of any information pro- 19 vided under paragraph (1); and 20 (B) recommendations and best practices 21 to— 22 (i) reduce traffic congestion, including 23 freight-related traffic congestion, and im- 24 503 •HR 3684 EH prove the reliability of the surface trans- 1 portation system; 2 (ii) mitigate the adverse impacts of 3 traffic congestion, including freight-related 4 traffic congestion, on the surface transpor- 5 tation system, including safety and envi- 6 ronmental impacts; and 7 (iii) employ innovative, integrated, 8 and multimodal solutions to the items de- 9 scribed in clauses (i) and (ii). 10 (k) NOTIFICATION.—Not later than 3 business days 11 before awarding a grant under this section, the Secretary 12 shall notify the Committee on Transportation and Infra- 13 structure of the House of Representatives and the Com- 14 mittee on Environment and Public Works, the Committee 15 on Commerce, Science, and Transportation, and the Com- 16 mittee on Banking, Housing, and Urban Affairs of the 17 Senate of the intention to award such a grant. 18 (l) TREATMENT OF PROJECTS.— 19 (1) FEDERAL REQUIREMENTS.—The Secretary 20 shall, with respect to a project funded by a grant 21 under this section, apply— 22 (A) the requirements of title 23, United 23 States Code, to a highway project; 24 504 •HR 3684 EH (B) the requirements of chapter 53 of title 1 49, United States Code, to a public transpor- 2 tation project; and 3 (C) the requirements of section 22905 of 4 title 49, United States Code, to a passenger rail 5 or freight rail project. 6 (2) MULTIMODAL PROJECTS.— 7 (A) IN GENERAL.—Except as otherwise 8 provided in this paragraph, if an eligible project 9 is a multimodal project, the Secretary shall— 10 (i) determine the predominant modal 11 component of the project; and 12 (ii) apply the applicable requirements 13 of such predominant modal component to 14 the project. 15 (B) EXCEPTIONS.— 16 (i) PASSENGER OR FREIGHT RAIL 17 COMPONENT.—For any passenger or 18 freight rail component of a project, the re- 19 quirements of section 22907(j)(2) of title 20 49, United States Code, shall apply. 21 (ii) PUBLIC TRANSPORTATION COMPO- 22 NENT.—For any public transportation 23 component of a project, the requirements 24 505 •HR 3684 EH of section 5333 of title 49, United States 1 Code, shall apply. 2 (C) BUY AMERICA.—In applying the Buy 3 America requirements under section 313 of title 4 23, United States Code, and sections 5320, 5 22905(a), and 24305(f) of title 49, United 6 States Code, to a multimodal project under this 7 paragraph, the Secretary shall— 8 (i) consider the various modal compo- 9 nents of the project; and 10 (ii) seek to maximize domestic jobs. 11 (m) TREATMENT OF FUNDS.—Except as provided in 12 subsection (l), funds authorized for the purposes described 13 in this section shall be available for obligation in the same 14 manner as if the funds were apportioned under chapter 15 1 of title 23, United States Code. 16 SEC. 1307. REBUILD RURAL BRIDGES PROGRAM. 17 (a) ESTABLISHMENT.—The Secretary of Transpor- 18 tation shall establish a rebuild rural bridges program to 19 improve the safety and state of good repair of bridges in 20 rural communities. 21 (b) GRANT AUTHORITY.—In carrying out the pro- 22 gram established in subsection (a), the Secretary shall 23 make grants, on a competitive basis, to eligible applicants 24 in accordance with this section. 25 506 •HR 3684 EH (c) 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 determines appropriate. 4 (d) ELIGIBLE PROJECTS.—The Secretary— 5 (1) shall provide grants under this section to 6 projects eligible under title 23, United States Code, 7 including projects on and off of the Federal-aid 8 highway system, to inspect, replace, rehabilitate, or 9 preserve— 10 (A) an off-system bridge; 11 (B) a bridge on Tribal land; or 12 (C) a bridge in poor condition located in a 13 rural community; and 14 (2) may provide a grant for a bundle of bridges 15 described in paragraph (1). 16 (e) ELIGIBLE PROJECT COSTS.—A recipient of a 17 grant under this section may use such grant 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; 22 (2) construction, reconstruction, rehabilitation, 23 acquisition of real property (including land related 24 to the project and improvements to the land), envi- 25 507 •HR 3684 EH ronmental mitigation, and construction contin- 1 gencies; and 2 (3) bridge inspection, evaluation, and preserva- 3 tion. 4 (f) FEDERAL SHARE.— 5 (1) IN GENERAL.—The Federal share of the 6 cost of a project carried out using a grant under this 7 section may not exceed 80 percent of the total cost 8 of such project. 9 (2) MAXIMUM FEDERAL ASSISTANCE.—Federal 10 assistance other than a grant under this section may 11 be used to satisfy up to 100 percent of the total cost 12 of such project. 13 (g) CONSIDERATIONS.—In making grants under this 14 section, the Secretary shall consider— 15 (1) whether the project can be completed with- 16 out additional Federal funding or financial assist- 17 ance available to the project sponsor, beyond existing 18 Federal apportionments; and 19 (2) the level of benefits the project is expected 20 to generate, including— 21 (A) the costs avoided by the prevention of 22 closure or reduced use of the asset to be im- 23 proved by the project; 24 508 •HR 3684 EH (B) reductions in maintenance costs over 1 the life of the asset; 2 (C) safety benefits, including the reduction 3 of accidents and related costs; and 4 (D) benefits to the economy of the rural or 5 Tribal community. 6 (3) STUDY.—Not later than 18 months after 7 the date of enactment of this Act, the Comptroller 8 General of the United States shall submit to the 9 Committee on Transportation and Infrastructure of 10 the House of Representatives a study on the infra- 11 structure needs of colonias. 12 (h) NOTIFICATION.—Not later than 3 business days 13 before awarding a grant under this section, the Secretary 14 shall notify the Committee on Transportation and Infra- 15 structure of the House of Representatives and the Com- 16 mittee on Environment and Public Works of the Senate 17 of the intention to award such a grant. 18 (i) DEFINITIONS.—In this section: 19 (1) ELIGIBLE APPLICANT.—The term ‘‘eligible 20 applicant’’ means— 21 (A) a State; 22 (B) a metropolitan planning organization 23 or a regional transportation planning organiza- 24 tion; 25 509 •HR 3684 EH (C) a unit of local government; 1 (D) a Federal land management agency; 2 (E) an Indian Tribe or Tribal organiza- 3 tion; 4 (F) a territory; and 5 (G) a multijurisdictional group of entities 6 described in subparagraph (A) through (F). 7 (2) OFF SYSTEM BRIDGE.—The term ‘‘off-sys- 8 tem bridge’’ has the meaning given such term in sec- 9 tion 133(f) of title 23, United States Code, (as 10 added by this Act). 11 (3) RURAL COMMUNITY.—The term ‘‘rural 12 community’’ means an area that is not an urbanized 13 area, as such term is defined in section 101(a) of 14 title 23, United States Code. 15 SEC. 1308. PARKING FOR COMMERCIAL MOTOR VEHICLES. 16 (a) ESTABLISHMENT.—The Secretary of Transpor- 17 tation shall establish a program under which the Secretary 18 shall make grants, on a competitive basis, to eligible enti- 19 ties to address the shortage of parking for commercial 20 motor vehicles to improve the safety of commercial motor 21 vehicle operators. 22 (b) APPLICATIONS.—To be eligible for a grant under 23 this section, an eligible entity shall submit to the Secretary 24 510 •HR 3684 EH an application in such form, at such time, and containing 1 such information as the Secretary may require. 2 (c) ELIGIBLE PROJECTS.—Projects eligible under 3 this section are projects that— 4 (1) construct safety rest areas that include 5 parking for commercial motor vehicles; 6 (2) construct commercial motor vehicle parking 7 facilities— 8 (A) adjacent to private commercial truck- 9 stops and travel plazas; 10 (B) within the boundaries of, or adjacent 11 to, a publicly owned freight facility, including a 12 port terminal operated by a public authority; 13 and 14 (C) at existing facilities, including inspec- 15 tion and weigh stations and park-and-ride loca- 16 tions; 17 (3) open existing weigh stations, safety rest 18 areas, and park-and-ride facilities to commercial 19 motor vehicle parking; 20 (4) facilitate access to publicly and privately 21 provided commercial motor vehicle parking, such as 22 through the use of intelligent transportation sys- 23 tems; 24 511 •HR 3684 EH (5) construct turnouts along a Federal-aid 1 highway 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 5 remain 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 24 512 •HR 3684 EH preconstruction activities necessary to advance 1 a 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 eli- 6 gible entity that receives a grant under this section 7 may partner with a private entity to carry out an eli- 8 gible 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 commer- 16 cial motor vehicle parking capacity, the shortage of 17 public and private commercial motor vehicle parking 18 near 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; 24 513 •HR 3684 EH (C) would improve safety, traffic conges- 1 tion, 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 re- 9 ceive a grant under this section, the Secretary of Trans- 10 portation shall notify the Committee on Transportation 11 and Infrastructure of the House of Representatives and 12 the Committee on Environment and Public Works of the 13 Senate of the intention 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 ac- 16 cordance with subsections (b) and (c) of section 120 of 17 title 23, United States Code. 18 (h) PROHIBITION ON CHARGING FEES.—To be eligi- 19 ble for a grant under this section, an eligible entity shall 20 certify that no fees will be charged for the use of a project 21 assisted with such grant. 22 (i) AMENDMENT TO MAP–21.—Section 1401(c)(1) 23 of MAP–21 (23 U.S.C. 137 note) is amended— 24 514 •HR 3684 EH (1) by inserting ‘‘and private providers of com- 1 mercial motor vehicle parking’’ after ‘‘personnel’’; 2 and 3 (2) in subparagraph (A) by striking ‘‘the capa- 4 bility of the State to provide’’ and inserting ‘‘the 5 availability of’’. 6 (j) SURVEY; COMPARATIVE ASSESSMENT; REPORT.— 7 (1) UPDATE.—Not later than 2 years after the 8 date of enactment of this Act, the Secretary shall 9 update the survey of each State required under sec- 10 tion 1401(c)(1) of the MAP–21 (23 U.S.C. 137 11 note). 12 (2) REPORT.—Not later than 1 year after the 13 deadline under paragraph (1), the Secretary shall 14 publish on the website of the Department of Trans- 15 portation a report that— 16 (A) evaluates the availability of adequate 17 parking and rest facilities for commercial motor 18 vehicles engaged in interstate transportation; 19 (B) evaluates the effectiveness of the 20 projects funded under this section in improving 21 access to commercial motor vehicle parking; and 22 (C) reports on the progress being made to 23 provide adequate commercial motor vehicle 24 parking facilities in the State. 25 515 •HR 3684 EH (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 4 personnel; 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 13 States 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 21 relating to commercial motor vehicle parking; 22 and 23 516 •HR 3684 EH (E) a multistate or multijurisdictional 1 group of entities described in subparagraphs 2 (A) through (D). 3 (3) SAFETY REST AREA.—The term ‘‘safety 4 rest area’’ has the meaning given such term in sec- 5 tion 120(c) of title 23, United States Code. 6 SEC. 1309. ACTIVE CONNECTED TRANSPORTATION GRANT 7 PROGRAM. 8 (a) ESTABLISHMENT.—The Secretary of Transpor- 9 tation shall establish an active connected transportation 10 grant program to provide for safe and connected active 11 transportation networks and active transportation connec- 12 tors. 13 (b) GRANT AUTHORITY.—In carrying out the pro- 14 gram established in subsection (a), the Secretary shall 15 make grants, on a competitive basis, in accordance with 16 this section. 17 (c) ELIGIBLE APPLICANTS.—The Secretary may 18 make a grant under this section to— 19 (1) a State; 20 (2) a metropolitan planning organization; 21 (3) a regional transportation authority; 22 (4) a unit of local government, including a 23 county or multi-county special district; 24 (5) a Federal land management agency; 25 517 •HR 3684 EH (6) a natural resource or public land agency; 1 (7) an Indian Tribe or Tribal organization; 2 (8) any local or regional governmental entity 3 with responsibility for or oversight of transportation 4 or recreational trails; and 5 (9) a multistate or multijurisdictional group of 6 entities described in this subsection. 7 (d) APPLICATIONS.—To be eligible for a grant under 8 this section, an entity specified under subsection (c) shall 9 submit to the Secretary an application in such form, at 10 such time, and containing such information as the Sec- 11 retary determines appropriate. 12 (e) ELIGIBLE PROJECTS.—The Secretary shall pro- 13 vide grants under this section to projects that improve the 14 connectivity and the use of active transportation facili- 15 ties— 16 (1) including— 17 (A) active transportation networks; 18 (B) active transportation connectors; and 19 (C) planning related to the development 20 of— 21 (i) active transportation networks; 22 (ii) active transportation connectors; 23 and 24 518 •HR 3684 EH (iii) vision zero plans or complete 1 streets prioritization plans under section 2 1601; and 3 (2) that have— 4 (A) total project costs of not less than 5 $15,000,000; or 6 (B) in the case of planning grants under 7 subsection (f)(2), a total cost of not less than 8 $100,000. 9 (f) USE OF FUNDS.— 10 (1) IN GENERAL.—Of the amounts made avail- 11 able to carry out this section for fiscal years 2023 12 through 2026 and except as provided in paragraph 13 (2), the Secretary shall obligate— 14 (A) not less than 30 percent to eligible 15 projects that construct active transportation 16 networks; and 17 (B) not less than 30 percent to eligible 18 projects that construct active transportation 19 connectors. 20 (2) PLANNING GRANTS.—Of the amounts made 21 available to carry out this section for fiscal years 22 2023 through 2026, the Secretary may use not more 23 than 10 percent to provide planning grants to eligi- 24 519 •HR 3684 EH ble applicants for activities under subsection 1 (e)(1)(C). 2 (g) CONSIDERATIONS.—In making grants under this 3 section, the Secretary shall consider the extent to which— 4 (1) a project is likely to provide substantial ad- 5 ditional opportunities for active transportation, in- 6 cluding walking and bicycling, including through the 7 creation of— 8 (A) active transportation networks con- 9 necting destinations within or between commu- 10 nities, including between schools, workplaces, 11 residences, businesses, recreation areas, and 12 other community areas; and 13 (B) active transportation connectors con- 14 necting 2 or more communities, metropolitan 15 areas, or States, including greenway paths; 16 (2) an applicant has adequately considered or 17 will consider, including through the opportunity for 18 public comment, the environmental justice and eq- 19 uity impacts of the project; 20 (3) the project would improve safety for vulner- 21 able road users, including through the use of com- 22 plete street design policies or a safe system ap- 23 proach; 24 520 •HR 3684 EH (4) a project integrates active transportation fa- 1 cilities with public transportation services, where 2 available, to improve access to public transportation; 3 and 4 (5) the project would serve the low income resi- 5 dents of economically disadvantaged communities, 6 including environmental justice communities, under- 7 served communities, or communities located in areas 8 of persistent poverty (as such term is defined in sec- 9 tion 101 of title 23, United States Code). 10 (h) LIMITATION.— 11 (1) IN GENERAL.—The share of the cost of a 12 project assisted with a grant under this section may 13 not exceed 80 percent. 14 (2) MAXIMUM FEDERAL ASSISTANCE.—Federal 15 assistance other than a grant under this section may 16 be used to satisfy up to 100 percent of the total 17 project cost. 18 (i) ELIGIBLE PROJECT COSTS.—Amounts made 19 available for a project under this section may be used 20 for— 21 (1) development phase activities, including plan- 22 ning, feasibility analysis, revenue forecasting, envi- 23 ronmental review, preliminary engineering and de- 24 sign work, and other preconstruction activities; and 25 521 •HR 3684 EH (2) construction, reconstruction, rehabilitation, 1 acquisition of real property (including land related 2 to the project and improvements to the land), envi- 3 ronmental mitigation, construction contingencies, ac- 4 quisition of equipment, and operational improve- 5 ments. 6 (j) NOTIFICATION.—Not later than 3 business days 7 before awarding a grant under this section, the Secretary 8 of Transportation shall notify the Committee on Transpor- 9 tation and Infrastructure of the House of Representatives 10 and the Committee on Environment and Public Works of 11 the Senate of the intention to award such a grant. 12 (k) DEFINITIONS.—In this section: 13 (1) ACTIVE TRANSPORTATION NETWORK.—The 14 term ‘‘active transportation network’’ means facili- 15 ties built for alternative methods of transportation 16 to motor vehicles for individuals, including side- 17 walks, bikeways, and pedestrian and bicycle trails, 18 that connect destinations within an area covered by 19 a unit of local government, a county, a community, 20 including a community on Federal lands, or a metro- 21 politan area. 22 (2) ACTIVE TRANSPORTATION CONNECTOR.— 23 The term ‘‘active transportation connector’’ means 24 facilities built for alternative methods of transpor- 25 522 •HR 3684 EH tation to motor vehicles for individuals, including 1 sidewalks, bikeways, and pedestrian and bicycle 2 trails, that connect 2 or more active transportation 3 networks or connect communities, areas covered by 4 a unit of local government, counties, metropolitan 5 areas, Federal lands, or States. 6 (3) GREENWAY PATH.—The term ‘‘greenway 7 path’’ means an active transportation connector 8 that— 9 (A) crosses jurisdictional boundaries, in- 10 cluding State lines, and provides for 11 connectivity between multiple communities, 12 counties, metropolitan areas, or States; or 13 (B) is a component of a regionally or na- 14 tionally significant network. 15 (4) SAFE SYSTEM APPROACH.—The term ‘‘safe 16 system approach’’ has the meaning given such term 17 in section 148(a) of title 23, United States Code. 18 (5) VULNERABLE ROAD USER.—The term ‘‘vul- 19 nerable road user’’ has the meaning given such term 20 in section 148(a) of title 23, United States Code. 21 SEC. 1310. WILDLIFE CROSSINGS PROGRAM. 22 (a) ESTABLISHMENT.—The Secretary shall establish 23 a competitive wildlife crossings grant program (referred 24 523 •HR 3684 EH to in this section as the ‘‘program’’) to provide grants for 1 projects that seek to achieve— 2 (1) a reduction in the number of wildlife-vehicle 3 collisions; and 4 (2) improved habitat connectivity for terrestrial 5 and aquatic species. 6 (b) ELIGIBLE ENTITIES.—The Secretary may make 7 grants under the program to the following entities: 8 (1) A State. 9 (2) An Indian Tribe or Tribal organization. 10 (3) A territory. 11 (4) A Federal land management agency de- 12 scribed in section 203(b) of title 23, United States 13 Code. 14 (5) A group of entities described in paragraphs 15 (1) through (4). 16 (c) APPLICATIONS.—To be eligible to receive a grant 17 under the program, an eligible entity shall submit to the 18 Secretary an application at such time, in such manner, 19 and containing such information as the Secretary may re- 20 quire. 21 (d) CONSIDERATIONS.—In selecting grant recipients 22 under the program, the Secretary shall consider the fol- 23 lowing: 24 524 •HR 3684 EH (1) PRIMARY CRITERIA.—The extent to which 1 the proposed project is likely to protect motorists 2 and wildlife by reducing the number of wildlife-vehi- 3 cle collisions and improve habitat connectivity for 4 terrestrial and aquatic species. 5 (2) SECONDARY CRITERIA.— 6 (A) The resilience benefits of the project. 7 (B) The extent to which the project incor- 8 porates climate science, including expected 9 changes in migration patterns. 10 (C) The extent to which the project spon- 11 sor has coordinated with the relevant State 12 agency with jurisdiction over fish and wildlife, 13 if appropriate. 14 (D) In the case of a project involving spe- 15 cies listed as threatened species or endangered 16 species under the Endangered Species Act of 17 1973 (16 U.S.C. 1531 et seq.), whether the 18 project sponsor has coordinated with the United 19 States Fish and Wildlife Service. 20 (E) Other ecological benefits of the project, 21 including— 22 (i) reductions in stormwater runoff 23 and other water pollution; and 24 525 •HR 3684 EH (ii) the benefits of improved habitat 1 connectivity for pollinators and the use of 2 natively appropriate grasses. 3 (F) Whether the project supports local eco- 4 nomic development and improvement of visita- 5 tion opportunities. 6 (G) The extent to which the project incor- 7 porates innovative technologies, including ad- 8 vanced design techniques and other strategies 9 to enhance efficiency and effectiveness in reduc- 10 ing wildlife-vehicle collisions and improving 11 habitat connectivity for terrestrial and aquatic 12 species. 13 (H) The extent to which the project pro- 14 vides educational and outreach opportunities. 15 (I) Whether the project will further re- 16 search to evaluate, compare effectiveness of, 17 and identify best practices in selected projects. 18 (J) How the benefits compare to the costs 19 of the project. 20 (K) Any other criteria relevant to reducing 21 the number of wildlife-vehicle collisions and im- 22 proving habitat connectivity for terrestrial and 23 aquatic species, as the Secretary determines to 24 be appropriate. 25 526 •HR 3684 EH (e) ELIGIBLE PROJECT COSTS.—Grant amounts for 1 a project under this section may be used 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 (including construction of pro- 7 tective features), reconstruction, rehabilitation, ac- 8 quisition of real property (including land related to 9 the project and improvements to the land), environ- 10 mental mitigation, construction contingencies, acqui- 11 sition of equipment, and operational improvements; 12 and 13 (3) planning and technical assistance activities 14 consistent with section 5107 of title 49, United 15 States Code, including— 16 (A) data collection on wildlife-vehicle colli- 17 sions; 18 (B) integration of State, Tribal, territorial, 19 regional, or Federal wildlife conservation plans 20 and data collection with transportation planning 21 and project selection; 22 (C) technical assistance, including work- 23 force development training, on reducing wildlife- 24 vehicle collisions and improving habitat 25 527 •HR 3684 EH connectivity for terrestrial and aquatic species; 1 and 2 (D) education and public outreach to re- 3 duce wildlife-vehicle collisions. 4 (f) PARTNERSHIPS.— 5 (1) IN GENERAL.—A grant received under the 6 program may be used to provide funds to an eligible 7 partner as a subrecipient, in accordance with the 8 terms of the project agreement and subject to the 9 requirements of this section. 10 (2) ELIGIBLE PARTNER DEFINED.—In this sec- 11 tion, the term ‘‘eligible partner’’ means— 12 (A) an eligible entity described in sub- 13 section (b); 14 (B) a metropolitan planning organization; 15 (C) a unit of local government; 16 (D) a regional transportation authority; 17 (E) a special purpose district or public au- 18 thority with a transportation function, including 19 a port authority; 20 (F) a non-profit entity or institution of 21 higher education; or 22 (G) a Federal, Tribal, regional, State, or 23 local governmental entity not described in sub- 24 section (b). 25 528 •HR 3684 EH (g) REQUIREMENTS.— 1 (1) RURAL PROJECTS.—The Secretary shall re- 2 serve not less than 50 percent of the amounts made 3 available under this section for projects located in a 4 rural community. 5 (2) RESILIENCE.—A project under this section 6 shall be designed to ensure resilience over the antici- 7 pated service life of the asset. 8 (3) LIMITATION.—The Secretary may not 9 award more than 10 percent of the amounts made 10 available under this section for grants that propose 11 only activities described in subsection (e)(3). 12 (h) NOTIFICATION.—Not later than 3 business days 13 before awarding a grant under this section, the Secretary 14 shall notify the Committee on Transportation and Infra- 15 structure of the House of Representatives and the Com- 16 mittee on Environment and Public Works of the Senate 17 of the intention to award such a grant. 18 (i) ANNUAL REPORT.— 19 (1) IN GENERAL.—Not later than December 31 20 of each calendar year, the Secretary shall publish, on 21 the website of the Department of Transportation, a 22 report describing the activities under the program 23 for the fiscal year that ends during that calendar 24 year. 25 529 •HR 3684 EH (2) CONTENTS.—The report under paragraph 1 (1) shall include— 2 (A) a detailed description of the activities 3 carried out under the program; 4 (B) an evaluation of the effectiveness of 5 the program in meeting the purposes described 6 in subsection (b); and 7 (C) policy recommendations, if any, to im- 8 prove the effectiveness of the program. 9 (j) DEFINITIONS.—In this section: 10 (1) PROTECTIVE FEATURES.—The term ‘‘pro- 11 tective features’’ has the meaning given such term in 12 section 101 of title 23, United States Code. 13 (2) RESILIENCE.—The term ‘‘resilience’’ has 14 the meaning given that term in section 101 of title 15 23, United States Code. 16 (3) RURAL COMMUNITY.—The term ‘‘rural 17 community’’ means any area of a State or territory 18 that is not an urbanized area, as such term is de- 19 fined in section 101 of title 23, United States Code. 20 (4) SECRETARY.—The term ‘‘Secretary’’ has 21 the meaning given such term in section 101 of title 22 23, United States Code. 23 530 •HR 3684 EH (5) STATE.—The term ‘‘State’’ has the mean- 1 ing given such term in section 101 of title 23, 2 United States Code. 3 SEC. 1311. RECONNECTING NEIGHBORHOODS PROGRAM. 4 (a) ESTABLISHMENT.—The Secretary of Transpor- 5 tation shall establish a reconnecting neighborhoods pro- 6 gram under which an eligible entity may apply for funding 7 in order to identify, remove, replace, retrofit, or remediate 8 the effects from eligible facilities and restore or improve 9 connectivity, mobility, and access in disadvantaged and 10 underserved communities, including— 11 (1) studying the feasibility and impacts of re- 12 moving, retrofitting, or remediating the effects on 13 community connectivity from an existing eligible fa- 14 cility; 15 (2) conducting preliminary engineering and 16 final design activities for a project to remove, ret- 17 rofit, or remediate the effects on community 18 connectivity from an existing eligible facility; 19 (3) conducting construction activities necessary 20 to carry out a project to remove, retrofit, or reme- 21 diate the effects on community connectivity from an 22 existing eligible facility; and 23 (4) ensuring any activities carried out under 24 this section— 25 531 •HR 3684 EH (A) focus on improvements that will ben- 1 efit the populations impacted by or previously 2 displaced by the eligible facility; and 3 (B) emphasize equity by garnering commu- 4 nity engagement, avoiding future displacement, 5 and ensuring local participation in the planning 6 process. 7 (b) ELIGIBLE ENTITIES.— 8 (1) IN GENERAL.—The Secretary may award a 9 planning grant or a capital construction grant to— 10 (A) a State; 11 (B) a unit of local government; 12 (C) an Indian Tribe or Tribal organization; 13 (D) a territory; 14 (F) a metropolitan planning organization; 15 (G) a transit agency; 16 (H) a special purpose district with a trans- 17 portation function; and 18 (I) a group of entities described in this 19 paragraph. 20 (2) PARTNERSHIPS.—An eligible entity may 21 enter into an agreement with the following entities 22 to carry out the eligible activities under this section: 23 (A) A nonprofit organization. 24 532 •HR 3684 EH (B) An institution of higher education, as 1 such term is defined in section 101 of the High- 2 er Education Act of 1965 (20 U.S.C. 1001), in- 3 cluding historically black colleges and univer- 4 sities, defined as the term ‘‘Predominantly 5 Black institution’’ is defined in section 371(c) 6 of the Higher Education Act of 1965 (20 7 U.S.C. 1067q(c)). 8 (c) PLANNING GRANTS.— 9 (1) IN GENERAL.—The Secretary may award 10 grants (referred to in this section as a ‘‘planning 11 grants’’) to carry out planning activities described in 12 paragraph (2). 13 (2) ELIGIBLE ACTIVITIES DESCRIBED.—The 14 planning activities referred to in paragraph (1) 15 are— 16 (A) planning studies to evaluate the feasi- 17 bility of removing, retrofitting, or remediating 18 an existing eligible facility to restore community 19 connectivity, including evaluations of— 20 (i) current traffic patterns on the eli- 21 gible facility proposed for removal, retrofit, 22 or remediation and the surrounding street 23 network; 24 533 •HR 3684 EH (ii) the capacity of existing transpor- 1 tation networks to maintain mobility 2 needs; 3 (iii) an analysis of alternative roadway 4 designs or other uses for the right-of-way 5 of the eligible facility, including an analysis 6 of whether the available right-of-way would 7 suffice to create an alternative roadway de- 8 sign; 9 (iv) the effect of the removal, retrofit, 10 or remediation of the eligible facility on the 11 mobility of freight and people; 12 (v) the effect of the removal, retrofit, 13 or remediation of the eligible facility on the 14 safety of the traveling public; 15 (vi) the cost to remove, retrofit, or re- 16 mediate the eligible facility— 17 (I) to restore community 18 connectivity; and 19 (II) to convert the eligible facility 20 to a roadway design or use that in- 21 creases safety, mobility, and access 22 for all users, compared to any ex- 23 pected costs for necessary mainte- 24 534 •HR 3684 EH nance or reconstruction of the eligible 1 facility; 2 (vii) the environmental impacts of re- 3 taining or reconstructing the eligible facil- 4 ity and the anticipated effect of the pro- 5 posed alternative use or roadway design; 6 and 7 (viii) the community impacts and eq- 8 uity analyses of retaining or reconstructing 9 the eligible facility on the surrounding 10 communities, including— 11 (I) the demographic breakdown 12 of the impacted community by race 13 and socioeconomic status; and 14 (II) the displacement or dis- 15 connection that occurred within the 16 community as a result of the existing 17 facility; 18 (B) public engagement activities to provide 19 opportunities for public input into a plan to re- 20 move, replace, retrofit, or remediate the effects 21 from an eligible facility, including— 22 (i) building organizational or commu- 23 nity capacity to, and educating community 24 members on how to, engage in and con- 25 535 •HR 3684 EH tribute to eligible planning activities de- 1 scribed in subsection (c)(2); 2 (ii) identifying community needs and 3 desires for community improvements and 4 developing community driven solutions in 5 carrying out eligible planning activities de- 6 scribed in subsection (c)(2); 7 (iii) conducting assessments of equity, 8 mobility and access, environmental justice, 9 affordability, economic opportunity, health 10 outcomes, and other local goals to be used 11 in carrying out eligible planning activities 12 described in subsection (c)(2); and 13 (iv) forming a community advisory 14 board in accordance with subsection (d)(7); 15 (C) other transportation planning activities 16 required in advance of a project to remove, ret- 17 rofit, or remediate an existing eligible facility to 18 restore community connectivity, as determined 19 by the Secretary; 20 (D) evaluating land use and zoning 21 changes necessary to improve equity and maxi- 22 mize transit-oriented development in connection 23 with project eligible for a capital construction 24 536 •HR 3684 EH grant, including activities eligible under section 1 5327 of title 49, United States Code; and 2 (E) establishment of anti-displacement and 3 equitable neighborhood revitalization strategies 4 in connection with project eligible for a capital 5 construction grant, including establishment of a 6 community land trust for land acquisition, land 7 banking, and equitable transit-oriented develop- 8 ment. 9 (3) TECHNICAL ASSISTANCE.— 10 (A) IN GENERAL.—The Secretary may 11 provide technical assistance described in sub- 12 paragraph (B) to an eligible entity. 13 (B) TECHNICAL ASSISTANCE DE- 14 SCRIBED.—The technical assistance referred to 15 in subparagraph (A) is technical assistance in 16 building organizational or community capac- 17 ity— 18 (i) to conduct transportation planning; 19 and 20 (ii) to identify innovative solutions to 21 challenges posed by existing eligible facili- 22 ties, including reconnecting communities 23 that— 24 537 •HR 3684 EH (I) are bifurcated by eligible fa- 1 cilities; or 2 (II) lack safe, reliable, and af- 3 fordable transportation choices. 4 (4) SELECTION.—The Secretary shall— 5 (A) solicit applications for— 6 (i) planning grants; 7 (ii) technical assistance under para- 8 graph (3); and 9 (iii) the activities would benefit popu- 10 lations impacted by or previously displaced 11 by an eligible facility; and 12 (B) evaluate applications for a planning 13 grant on the basis of the demonstration by the 14 applicant that— 15 (i) the eligible facility— 16 (I) creates barriers to mobility, 17 access, or economic development; or 18 (II) is not justified by current 19 and forecast future travel demand; 20 and 21 (ii) on the basis of preliminary assess- 22 ment into the feasibility of removing, retro- 23 fitting, or remediating the eligible facility 24 to restore community connectivity, and in- 25 538 •HR 3684 EH crease safety, mobility, and access for all 1 users, further planning activities are nec- 2 essary and likely to be productive. 3 (5) AWARD AMOUNTS.—A planning grant may 4 not exceed $2,000,000 for any recipient. 5 (6) FEDERAL SHARE.—The total Federal share 6 of the cost of a planning activity for which a plan- 7 ning grant is used may not exceed 80 percent. 8 (d) CAPITAL CONSTRUCTION GRANTS.— 9 (1) ELIGIBLE ENTITIES.—The Secretary may 10 award grants (referred to in this section as a ‘‘cap- 11 ital construction grants’’) to eligible entities to carry 12 out eligible projects described in paragraph (3). 13 (2) PARTNERSHIPS.—In the case that the 14 owner of an eligible facility that is the subject of the 15 capital construction grant is not an eligible entity, 16 an eligible entity shall demonstrate the existence of 17 a partnership with the owner of the eligible facility. 18 (3) ELIGIBLE PROJECTS.—A project eligible to 19 be carried out with a capital construction grant in- 20 cludes the following: 21 (A) The removal, retrofit, or remediation 22 of the effects on community connectivity from 23 of an eligible facility, including a project to 24 539 •HR 3684 EH deck over a limited-access highway or other eli- 1 gible facility. 2 (B) The replacement of an eligible facility 3 with a new facility that— 4 (i) restores community connectivity; 5 (ii) employs context sensitive solutions 6 appropriate for the surrounding commu- 7 nity; and 8 (iii) is otherwise eligible for funding 9 under title 23, United States Code. 10 (C) Support for community partnerships, 11 including a community advisory board described 12 under paragraph (7), in connection with a cap- 13 ital construction grant awarded under this sub- 14 section. 15 (D) Other activities required to remove, re- 16 place, retrofit, or remediate an existing eligible 17 facility, as determined by the Secretary. 18 (4) SELECTION.—The Secretary shall— 19 (A) solicit applications for capital construc- 20 tion grants; 21 (B) evaluate applications on the basis of— 22 (i) the degree to which the project will 23 improve mobility and access through the 24 removal of barriers; 25 540 •HR 3684 EH (ii) the appropriateness of removing, 1 retrofitting, or remediating the effects on 2 community connectivity from the eligible 3 facility, based on current traffic patterns 4 and the ability of the project and the re- 5 gional transportation network to absorb 6 transportation demand and provide safe 7 mobility and access; 8 (iii) the impact of the project on 9 freight movement; 10 (iv) the results of a cost-benefit anal- 11 ysis of the project; 12 (v) the extent to which the grantee 13 has plans for inclusive economic develop- 14 ment in place, including the existing land 15 use and whether the zoning provides for 16 equitable and transit-oriented development 17 of underutilized land; 18 (vi) the degree to which the eligible 19 facility is out of context with the current 20 or planned land use; 21 (vii) the results of any feasibility 22 study completed for the project; 23 (viii) whether the eligible facility is 24 likely to need replacement or significant re- 25 541 •HR 3684 EH construction within the 20-year period be- 1 ginning on the date of the submission of 2 the application; 3 (ix) whether the project is consistent 4 with the relevant long-range transportation 5 plan and included in the relevant statewide 6 transportation improvement program; 7 (x) whether the project is consistent 8 with, and how the project would impact, 9 the relevant transportation performance 10 management targets; and 11 (xi) the extent to which the project 12 benefits populations impacted by or pre- 13 viously displaced by the eligible facility; 14 (C) ensure that the project has conducted 15 sufficient community engagement, such as the 16 activities described in subsection (c)(2)(B); and 17 (D) ensure that the jurisdiction in which 18 the eligible facility is located has an anti-dis- 19 placement policy or a community land trust in 20 place. 21 (5) MINIMUM AWARD AMOUNTS.—A capital 22 construction grant shall be in an amount not less 23 than $5,000,000 for each recipient. 24 (6) FEDERAL SHARE.— 25 542 •HR 3684 EH (A) IN GENERAL.—Subject to subpara- 1 graph (B), the Federal share of the total cost 2 of a project carried out using a capital con- 3 struction grant may not exceed 80 percent. 4 (B) MAXIMUM FEDERAL INVOLVEMENT.— 5 Federal assistance other than a capital con- 6 struction grant may be used to satisfy the non- 7 Federal share of the cost of a project for which 8 the grant is awarded. 9 (7) COMMUNITY ADVISORY BOARD.— 10 (A) IN GENERAL.—To help achieve inclu- 11 sive economic development benefits with respect 12 to the project for which a grant is awarded, a 13 grant recipient may form a community advisory 14 board, which, if formed, shall— 15 (i) facilitate community engagement 16 with respect to the project; and 17 (ii) track progress with respect to 18 commitments of the grant recipient to in- 19 clusive employment, contracting, and eco- 20 nomic development under the project. 21 (B) MEMBERSHIP.—If a grant recipient 22 forms a community advisory board under sub- 23 paragraph (A), the community advisory board 24 shall be composed of representatives of— 25 543 •HR 3684 EH (i) the community, including residents 1 in the immediate vicinity of the project; 2 (ii) owners of businesses that serve 3 the community; 4 (iii) labor organizations that represent 5 workers that serve the community; 6 (iv) State and local government; and 7 (v) private and non-profit organiza- 8 tions that represent local community devel- 9 opment. 10 (C) DIVERSITY.—The community advisory 11 board shall be representative of the community 12 served by the project. 13 (e) PRIORITIES.—In selecting recipients of planning 14 grants, capital construction grants, and technical assist- 15 ance under this section, the Secretary shall give priority 16 to— 17 (1) an application from a community that is 18 economically disadvantaged, including an environ- 19 mental justice community, an underserved commu- 20 nity, or a community located in an area of persistent 21 poverty (as such term is defined in section 101 of 22 title 23, United States Code); and 23 (2) an eligible entity that has— 24 544 •HR 3684 EH (A) entered into a community benefits 1 agreement with representatives of the commu- 2 nity or formed a community advisory board 3 under paragraph (7) of subsection (d); 4 (B) demonstrated a plan for employing 5 residents in the area impacted by the activity or 6 project through targeted hiring programs; and 7 (C) demonstrated a plan for improving 8 transportation system access. 9 (f) ADMINISTRATIVE EXPENSES.—Of amounts made 10 available to carry out this section, the Secretary may set 11 aside not more than $5,000,000 in each fiscal year for 12 the costs of administering the program under this section. 13 (g) TECHNICAL ASSISTANCE.—Of amounts made 14 available to carry out this section, the Secretary may set 15 aside not more than $5,000,000 in each fiscal year to pro- 16 vide technical assistance to eligible entities under sub- 17 section (c)(3). 18 (h) REPORT.—Not later than 2 years after the date 19 of enactment of this Act, the Secretary shall submit to 20 the Committee on Transportation and Infrastructure of 21 the House of Representatives and the Committee on Envi- 22 ronment and Public Works of the Senate a report that— 23 (1) identifies and creates an online mapping 24 tool showing any examples of potential projects to 25 545 •HR 3684 EH remove eligible facilities, and assesses the potential 1 impacts of carrying out such projects; and 2 (2) assesses projects funded under subsection 3 (d) to provide best practices. 4 (i) DEFINITIONS.—In this section: 5 (1) ANTI-DISPLACEMENT POLICY.—The term 6 ‘‘anti-displacement policy’’ means a policy that limits 7 the displacement of low-income, disadvantaged, and 8 underserved communities from neighborhoods due to 9 new investments in housing, businesses, and infra- 10 structure. 11 (2) COMMUNITY LAND TRUST.—The term 12 ‘‘community land trust’’ means a nonprofit organiza- 13 tion established or with the responsibility, as appli- 14 cable— 15 (A) to develop the real estate created by 16 the removal or capping of an eligible facility; 17 and 18 (B) to carry out anti-displacement or com- 19 munity development strategies, including— 20 (i) affordable housing preservation 21 and development; 22 (ii) homeownership and property im- 23 provement programs; 24 546 •HR 3684 EH (iii) the development or rehabilitation 1 of park space or recreation facilities; and 2 (iv) community revitalization and eco- 3 nomic development projects. 4 (3) ELIGIBLE FACILITY.— 5 (A) IN GENERAL.—The term ‘‘eligible fa- 6 cility’’ means a highway or other transportation 7 facility that creates a barrier to community 8 connectivity, including barriers to mobility, ac- 9 cess, or economic development, due to high 10 speeds, grade separations, or other design fac- 11 tors. 12 (B) INCLUSIONS.—In this section, the 13 term ‘‘eligible facility’’ may include— 14 (i) a limited access highway; 15 (ii) a railway; 16 (iii) a viaduct; 17 (iv) a principal arterial facility; or 18 (v) any other transportation facility 19 for which the high speeds, grade separa- 20 tion, or other design factors create an ob- 21 stacle to connectivity. 22 SEC. 1312. APPRENTICESHIP UTILIZATION. 23 (a) IN GENERAL.— 24 547 •HR 3684 EH (1) CERTIFICATION REQUIREMENT.—To receive 1 a grant under sections 117 and 173 of title 23, 2 United States Code, and section 1311 of this Act, 3 each applicant shall include in a grant application a 4 certification that such applicant will ensure that any 5 contractor or subcontractor utilized in carrying out 6 activities with such grant— 7 (A) meets or exceeds the apprenticeship 8 employment goal; 9 (B) to the extent practicable, employs 10 qualified apprentices from traditionally under- 11 represented populations, including women and 12 minorities, in meeting or exceeding such goal; 13 (C) makes best efforts to meet project- 14 wide, annually updated participation goals set 15 by the applicant for the percentage of total 16 workhours that are performed by historically 17 under-represented populations, including by 18 women, people of color, and women of color, by 19 trade and position; and 20 (D) tracks ongoing progress towards the 21 goals described in subparagraph (C). 22 (2) EXCEPTIONS.—The Secretary may adjust 23 the requirements of this section if the grant appli- 24 cant— 25 548 •HR 3684 EH (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, in collaboration 6 with the Secretary of Labor, as appropriate, shall have 7 the authority to issue such regulations or other guidance, 8 forms, instructions, and publications as may be necessary 9 or appropriate to carry out the requirements of this sec- 10 tion, including reporting requirements and oversight for 11 applicants awarded a grant. 12 (c) REPORT TO CONGRESS.—Not later than 3 years 13 after the date of enactment of this Act, the Secretary shall 14 submit to the Committee on Transportation and Infra- 15 structure of the House of Representatives and the Com- 16 mittee on Environment and Public Works of the Senate 17 a report on the utilization of qualified apprentices for 18 projects carried out under sections 117 and 173 of title 19 23, United States Code, and section 1311 of this Act, that 20 includes— 21 (1) the total number of labor hours fulfilled by 22 qualified apprentices and historically underrep- 23 resented populations; 24 549 •HR 3684 EH (2) the total number of qualified apprentices 1 and historically underrepresented populations em- 2 ployed; 3 (3) the total number of grant recipients that 4 met or exceeded the apprenticeship employment and 5 the goals for the percentage of total workhours per- 6 formed by historically under-represented populations 7 under subsection (a)(1)(C); 8 (4) best practices utilized by grant recipients 9 that met or exceeded the apprenticeship employment 10 goal and the goals for the percentage of total 11 workhours performed by historically under-rep- 12 resented populations under subsection (a)(1)(C); and 13 (5) a summary of agency oversight of grant re- 14 cipients’ fulfillment of certification terms under this 15 section. 16 (d) PUBLIC TRANSPARENCY.—At the end of each fis- 17 cal year, the Secretary shall make available on a public 18 website information on the utilization of qualified appren- 19 tices in the preceding fiscal year for each grant program 20 under sections 117 and 173 of title 23, United States 21 Code, and section 1311 of this Act, including— 22 (1) the total number of grant applicants that 23 certified they would be able to meet or exceed the 24 550 •HR 3684 EH apprenticeship employment goal under subsection 1 (a); 2 (2) the total number of grants awarded for 3 which applicants certified they would be able to meet 4 or exceed the apprenticeship employment goal; and 5 (3) for each grant awarded, data on grant re- 6 cipients’ progress toward achieving participation 7 goals under subsection (a)(1). 8 (e) DEFINITIONS.—In this section: 9 (1) APPRENTICESHIP EMPLOYMENT GOAL.— 10 The term ‘‘apprenticeship employment goal’’ means 11 the utilization of qualified apprentices for not less 12 than 15 percent of the total labor hours used for 13 construction activities for a project. 14 (2) QUALIFIED APPRENTICE.—The term ‘‘quali- 15 fied apprentice’’ means an employee participating in 16 an apprenticeship program that— 17 (A) is registered with the Office of Appren- 18 ticeship of the Employment Training Adminis- 19 tration of the Department of Labor or a State 20 apprenticeship agency recognized by such Office 21 of Apprenticeship pursuant to the Act of Au- 22 gust 16, 1937 (29 U.S.C. 50 et seq.; commonly 23 known as the ‘‘National Apprenticeship Act’’); 24 and 25 551 •HR 3684 EH (B) satisfies the requirements of subpart A 1 of part 29 and part 30 of title 29, Code of Fed- 2 eral Regulations. 3 (3) SECRETARY.—The term ‘‘Secretary’’ means 4 the Secretary of Transportation. 5 SEC. 1313. GAO STUDY. 6 Not later than 3 years after the date of enactment 7 of this Act, the Comptroller General of the United States 8 shall conduct a study to review the amount of funds made 9 available under section 151(f) of title 23, United States 10 Code, for the installation of electric vehicle charging sta- 11 tions in communities disproportionately impacted by air 12 pollution and high rates of asthma. 13 SEC. 1314. SENSE OF CONGRESS. 14 It is the sense of Congress that— 15 (1) contractors and subcontractors utilized in 16 carrying out activities funded under title 23, United 17 States Code, should institute respectful workplace 18 policies and provide effective, ongoing workplace 19 training to create safe, respectful work sites that are 20 free from bullying, hazing, discrimination, or harass- 21 ment; and 22 (2) the Department of Transportation should 23 take appropriate steps in coordination with the De- 24 552 •HR 3684 EH partment of Labor to ensure contractors and sub- 1 contractors take such actions. 2 SEC. 1315. POLLINATOR-FRIENDLY PRACTICES ON ROAD- 3 SIDES AND HIGHWAY RIGHTS-OF-WAY. 4 (a) IN GENERAL.—Section 329 of title 23, United 5 States Code, is amended by adding at the end the fol- 6 lowing: 7 ‘‘(d) POLLINATOR-FRIENDLY PRACTICES ON ROAD- 8 SIDES AND HIGHWAY RIGHTS-OF-WAY.— 9 ‘‘(1) IN GENERAL.—The Secretary shall estab- 10 lish a program to provide grants to eligible entities 11 to carry out activities to benefit pollinators on road- 12 sides and highway rights-of-way, including the plant- 13 ing and seeding of native locally-appropriate grasses 14 and wildflowers, including milkweed. 15 ‘‘(2) ELIGIBLE ENTITIES.—An entity eligible to 16 receive a grant under this subsection is— 17 ‘‘(A) a State department of transportation; 18 ‘‘(B) an Indian tribe or tribal organization; 19 ‘‘(C) a territory; or 20 ‘‘(D) a Federal land management agency. 21 ‘‘(3) APPLICATION.—To be eligible to receive a 22 grant under this section, an eligible entity shall sub- 23 mit to the Secretary an application at such time, in 24 such manner, and containing such information as 25 553 •HR 3684 EH the Secretary may require, including a pollinator- 1 friendly practices plan described in paragraph (4). 2 ‘‘(4) POLLINATOR-FRIENDLY PRACTICES 3 PLAN.— 4 ‘‘(A) IN GENERAL.—An eligible entity shall 5 include in the application under paragraph (3) 6 a plan that describes the pollinator-friendly 7 practices that the eligible entity has imple- 8 mented or plans to implement, including— 9 ‘‘(i) practices relating to mowing 10 strategies that promote early successional 11 vegetation and limit disturbance during pe- 12 riods of highest use by target pollinator 13 species on roadsides and highway rights-of- 14 way, such as— 15 ‘‘(I) reducing the mowing swath 16 outside of the State-designated safety 17 zone; 18 ‘‘(II) increasing the mowing 19 height; 20 ‘‘(III) reducing the mowing fre- 21 quency; 22 ‘‘(IV) refraining from mowing 23 monarch and other pollinator habitat 24 554 •HR 3684 EH during periods in which monarchs or 1 other pollinators are present; 2 ‘‘(V) use of a flushing bar and 3 cutting at reduced speeds to reduce 4 pollinator deaths due to mowing; or 5 ‘‘(VI) reducing raking along 6 roadsides and highway rights-of-way; 7 ‘‘(ii) implementation of an integrated 8 vegetation management plan that includes 9 approaches such as mechanical tree and 10 brush removal, targeted and judicious use 11 of herbicides, and mowing, to address weed 12 issues on roadsides and highway rights-of- 13 way; 14 ‘‘(iii) planting or seeding of native, lo- 15 cally-appropriate grasses and wildflowers, 16 including milkweed, on roadsides and high- 17 way rights-of-way to enhance pollinator 18 habitat, including larval host plants; 19 ‘‘(iv) removing nonnative grasses from 20 planting and seeding mixes, except for use 21 as nurse or cover crops; 22 ‘‘(v) obtaining expert training or as- 23 sistance on pollinator-friendly practices, in- 24 cluding— 25 555 •HR 3684 EH ‘‘(I) native plant identification; 1 ‘‘(II) establishment and manage- 2 ment of locally-appropriate or native 3 plants that benefit pollinators; 4 ‘‘(III) land management practices 5 that benefit pollinators; and 6 ‘‘(IV) pollinator-focused inte- 7 grated vegetation management; or 8 ‘‘(vi) any other pollinator-friendly or 9 vegetation management practices the Sec- 10 retary determines to be appropriate. 11 ‘‘(B) CONSIDERATION.—In developing the 12 plan under subparagraph (A), the eligible entity 13 shall consider other vegetation management 14 best management practices established by the 15 Secretary, including— 16 ‘‘(i) fuel breaks for the prevention and 17 control of wildfires; 18 ‘‘(ii) abating stormwater runoff and 19 stabilizing soil; 20 ‘‘(iii) habitat for forage for native 21 fauna; and 22 ‘‘(iv) the economy of maintenance of 23 the right-of-way. 24 556 •HR 3684 EH ‘‘(C) COORDINATION.—In developing a 1 plan under subparagraph (A), an eligible entity 2 that is a State department of transportation or 3 a Federal land management agency shall co- 4 ordinate with applicable State agencies, includ- 5 ing State agencies with jurisdiction over agri- 6 culture and fish and wildlife. 7 ‘‘(D) CONSULTATION.—In developing a 8 plan under subparagraph (A)— 9 ‘‘(i) an eligible entity that is a State 10 department of transportation or a Federal 11 land management agency shall consult with 12 any affected Indian tribes or tribal organi- 13 zations; and 14 ‘‘(ii) any eligible entity may consult 15 with nonprofit organizations, institutions 16 of higher education, units of local govern- 17 ment, or any other relevant entities. 18 ‘‘(5) AWARD OF GRANTS.— 19 ‘‘(A) IN GENERAL.—The Secretary shall 20 provide a grant to each eligible entity that sub- 21 mits an application under paragraph (3), in- 22 cluding a plan under paragraph (4), that the 23 Secretary determines to be satisfactory. 24 557 •HR 3684 EH ‘‘(B) AMOUNT OF GRANTS.—The amount 1 of each grant provided under this subsection 2 may not exceed $150,000. 3 ‘‘(6) USE OF FUNDS.—An eligible entity that 4 receives a grant under this subsection shall use the 5 funds for the implementation, improvement, or fur- 6 ther development of the plan under paragraph (4). 7 ‘‘(7) FEDERAL SHARE.—The Federal share of 8 the cost of an activity carried out with a grant under 9 this subsection shall be up to 80 percent. 10 ‘‘(8) TECHNICAL ASSISTANCE.—On request of 11 an eligible entity that receives a grant under this 12 subsection, the Secretary may provide technical as- 13 sistance with the implementation, improvement, or 14 further development of a plan under paragraph (4). 15 ‘‘(9) ADMINISTRATIVE COSTS.—For each fiscal 16 year, the Secretary may use not more than 5 percent 17 of the amounts made available to carry out this sub- 18 section for the administrative costs of carrying out 19 this subsection. 20 ‘‘(10) AUTHORIZATION OF APPROPRIATIONS.— 21 ‘‘(A) IN GENERAL.—There is authorized to 22 be appropriated from the general fund of the 23 Treasury to carry out this subsection 24 558 •HR 3684 EH $2,000,000 for each of fiscal years 2023 1 through 2026. 2 ‘‘(B) AVAILABILITY.—Amounts made 3 available under this subsection shall remain 4 available as described under section 118(b). 5 ‘‘(e) BEST PRACTICES AND GUIDANCE.— 6 ‘‘(1) IN GENERAL.—Not later than 1 year after 7 the date of enactment of the INVEST in America 8 Act, and periodically thereafter, the Secretary shall 9 develop or update best practices for, and a priority 10 ranking of, pollinator-friendly practices on roadsides 11 and highway rights-of-way. 12 ‘‘(2) GUIDANCE.—The Secretary shall provide 13 guidance on sources of funds made available under 14 this title that are eligible for activities described 15 under this section, including any best management 16 practices identified under paragraph (1) that are eli- 17 gible for funding under this title.’’. 18 (b) REPORT.—Not later than 2 years after the date 19 on which the first grant is provided under section 329(d) 20 of title 23, United States Code, as added by this Act, the 21 Secretary shall publish a report on the implementation of 22 the program under such section. 23 559 •HR 3684 EH Subtitle D—Planning, Performance 1 Management, and Asset Man- 2 agement 3 SEC. 1401. METROPOLITAN TRANSPORTATION PLANNING. 4 Section 134 of title 23, United States Code, is 5 amended— 6 (1) in subsection (a) by striking ‘‘resiliency 7 needs while minimizing transportation-related fuel 8 consumption and air pollution’’ and inserting ‘‘resil- 9 ience and climate change adaptation needs while re- 10 ducing transportation-related fuel consumption, air 11 pollution, and greenhouse gas emissions’’; 12 (2) in subsection (b)— 13 (A) by redesignating paragraphs (6) and 14 (7) as paragraphs (7) and (8), respectively; and 15 (B) by inserting after paragraph (5) the 16 following: 17 ‘‘(6) STIP.—The term ‘STIP’ means a state- 18 wide transportation improvement program developed 19 by a State under section 135(g).’’; 20 (3) in subsection (c)— 21 (A) in paragraph (1) by striking ‘‘and 22 transportation improvement programs’’ and in- 23 serting ‘‘and TIPs’’; and 24 (B) by adding at the end the following: 25 560 •HR 3684 EH ‘‘(4) CONSIDERATION.—In developing the plans 1 and TIPs, metropolitan planning organizations shall 2 consider direct and indirect emissions of greenhouse 3 gases.’’; 4 (4) in subsection (d)— 5 (A) in paragraph (2) by striking ‘‘Not 6 later than 2 years after the date of enactment 7 of MAP–21, each’’ and inserting ‘‘Each’’; 8 (B) in paragraph (3) by adding at the end 9 the following: 10 ‘‘(D) EQUITABLE AND PROPORTIONAL 11 REPRESENTATION.— 12 ‘‘(i) IN GENERAL.—For officials or 13 representatives under paragraph (2), the 14 metropolitan planning organization shall 15 ensure the equitable and proportional rep- 16 resentation of the population of the metro- 17 politan planning area. 18 ‘‘(ii) SAVINGS CLAUSE.—Nothing in 19 this paragraph shall require a metropolitan 20 planning organization in existence on the 21 date of enactment of this subparagraph to 22 be restructured. 23 ‘‘(iii) REDESIGNATION.—Notwith- 24 standing clause (ii), the requirements of 25 561 •HR 3684 EH this paragraph shall apply to any metro- 1 politan planning organization redesignated 2 under paragraph (6).’’; 3 (C) in paragraph (6)(B) by striking ‘‘para- 4 graph (2)’’ and inserting ‘‘paragraph (2) or 5 (3)(D)’’; and 6 (D) in paragraph (7)— 7 (i) by striking ‘‘an existing metropoli- 8 tan planning area’’ and inserting ‘‘an ur- 9 banized area’’; and 10 (ii) by striking ‘‘the existing metro- 11 politan planning area’’ and inserting ‘‘the 12 area’’; 13 (5) in subsection (g)— 14 (A) in paragraph (1) by striking ‘‘a metro- 15 politan area’’ and inserting ‘‘an urbanized 16 area’’; 17 (B) in paragraph (2) by striking ‘‘MPOS’’ 18 and inserting ‘‘METROPOLITAN PLANNING 19 AREAS’’; 20 (C) in paragraph (3)(A) by inserting 21 ‘‘emergency response and evacuation, climate 22 change adaptation and resilience,’’ after ‘‘dis- 23 aster risk reduction,’’; and 24 (D) by adding at the end the following: 25 562 •HR 3684 EH ‘‘(4) COORDINATION BETWEEN MPOS.— 1 ‘‘(A) IN GENERAL.—If more than one met- 2 ropolitan planning organization is designated 3 within an urbanized area under subsection 4 (d)(7), the metropolitan planning organizations 5 designated within the area shall ensure, to the 6 maximum extent practicable, the consistency of 7 any data used in the planning process, includ- 8 ing information used in forecasting transpor- 9 tation demand. 10 ‘‘(B) SAVINGS CLAUSE.—Nothing in this 11 paragraph requires metropolitan planning orga- 12 nizations designated within a single urbanized 13 area to jointly develop planning documents, in- 14 cluding a unified long-range transportation plan 15 or unified TIP.’’; 16 (6) in subsection (h)(1)— 17 (A) by striking subparagraph (E) and in- 18 serting the following: 19 ‘‘(E) protect and enhance the environment, 20 promote energy conservation, reduce greenhouse 21 gas emissions, improve the quality of life and 22 public health, and promote consistency between 23 transportation improvements and State and 24 local planned growth and economic development 25 563 •HR 3684 EH patterns, including housing and land use pat- 1 terns;’’; 2 (B) in subparagraph (I)— 3 (i) by inserting ‘‘, sea level rise, ex- 4 treme weather, and climate change’’ after 5 ‘‘stormwater’’; and 6 (ii) by striking ‘‘and’’ at the end; 7 (C) by redesignating subparagraph (J) as 8 subparagraph (M); and 9 (D) by inserting after subparagraph (I) the 10 following: 11 ‘‘(J) support emergency management, re- 12 sponse, and evacuation and hazard mitigation; 13 ‘‘(K) improve the level of transportation 14 system access; 15 ‘‘(L) support inclusive zoning policies and 16 land use planning practices that incentivize af- 17 fordable, elastic, and diverse housing supply, fa- 18 cilitate long-term economic growth by improving 19 the accessibility of housing to jobs, and prevent 20 high housing costs from displacing economically 21 disadvantaged households; and’’; 22 (7) in subsection (h)(2) by striking subpara- 23 graph (A) and inserting the following: 24 564 •HR 3684 EH ‘‘(A) IN GENERAL.—Through the use of a 1 performance-based approach, transportation in- 2 vestment decisions made as a part of the metro- 3 politan transportation planning process shall 4 support the national goals described in section 5 150(b), the achievement of metropolitan and 6 statewide targets established under section 7 150(d), the improvement of transportation sys- 8 tem access (consistent with section 150(f)), and 9 the general purposes described in section 5301 10 of title 49.’’; 11 (8) in subsection (i)— 12 (A) in paragraph (2)(D)(i) by inserting 13 ‘‘reduce greenhouse gas emissions and’’ before 14 ‘‘restore and maintain’’; 15 (B) in paragraph (2)(G) by inserting ‘‘and 16 climate change’’ after ‘‘infrastructure to natural 17 disasters’’; 18 (C) in paragraph (2)(H) by inserting 19 ‘‘greenhouse gas emissions,’’ after ‘‘pollution,’’; 20 (D) in paragraph (5)— 21 (i) in subparagraph (A) by inserting 22 ‘‘air quality, public health, housing, trans- 23 portation, resilience, hazard mitigation, 24 565 •HR 3684 EH emergency management,’’ after ‘‘conserva- 1 tion,’’; and 2 (ii) by striking subparagraph (B) and 3 inserting the following: 4 ‘‘(B) ISSUES.—The consultation shall in- 5 volve, as appropriate, comparison of transpor- 6 tation plans to other relevant plans, including, 7 if available— 8 ‘‘(i) State conservation plans or maps; 9 and 10 ‘‘(ii) inventories of natural or historic 11 resources.’’; and 12 (E) by amending paragraph (6)(C) to read 13 as follows: 14 ‘‘(C) METHODS.— 15 ‘‘(i) IN GENERAL.—In carrying out 16 subparagraph (A), the metropolitan plan- 17 ning organization shall, to the maximum 18 extent practicable— 19 ‘‘(I) hold any public meetings at 20 convenient and accessible locations 21 and times; 22 ‘‘(II) employ visualization tech- 23 niques to describe plans; and 24 566 •HR 3684 EH ‘‘(III) make public information 1 available in electronically accessible 2 format and means, such as the inter- 3 net, as appropriate to afford reason- 4 able opportunity for consideration of 5 public information under subpara- 6 graph (A). 7 ‘‘(ii) ADDITIONAL METHODS.—In ad- 8 dition to the methods described in clause 9 (i), in carrying out subparagraph (A), the 10 metropolitan planning organization shall, 11 to the maximum extent practicable— 12 ‘‘(I) use virtual public involve- 13 ment, social media, and other web- 14 based tools to encourage public par- 15 ticipation and solicit public feedback; 16 and 17 ‘‘(II) use other methods, as ap- 18 propriate, to further encourage public 19 participation of historically underrep- 20 resented individuals in the transpor- 21 tation planning process.’’; 22 (9) in subsection (j) by striking ‘‘transportation 23 improvement program’’ and inserting ‘‘TIP’’ each 24 place it appears; and 25 567 •HR 3684 EH (10) by striking ‘‘Federally’’ each place it ap- 1 pears and inserting ‘‘federally’’. 2 SEC. 1402. STATEWIDE AND NONMETROPOLITAN TRANS- 3 PORTATION PLANNING. 4 Section 135 of title 23, United States Code, is 5 amended— 6 (1) in subsection (a)— 7 (A) in paragraph (1) by striking ‘‘state- 8 wide transportation improvement program’’ and 9 inserting ‘‘STIP’’; 10 (B) in paragraph (2)— 11 (i) by striking ‘‘The statewide trans- 12 portation plan and the’’ and inserting the 13 following: 14 ‘‘(A) IN GENERAL.—The statewide trans- 15 portation plan and the’’; 16 (ii) by striking ‘‘transportation im- 17 provement program’’ and inserting 18 ‘‘STIP’’; and 19 (iii) by adding at the end the fol- 20 lowing: 21 ‘‘(B) CONSIDERATION.—In developing the 22 statewide transportation plans and STIPs, 23 States shall consider direct and indirect emis- 24 sions of greenhouse gases.’’; and 25 568 •HR 3684 EH (C) in paragraph (3) by striking ‘‘trans- 1 portation improvement program’’ and inserting 2 ‘‘STIP’’; 3 (2) in subsection (d)— 4 (A) in paragraph (1)— 5 (i) in subparagraph (E)— 6 (I) by inserting ‘‘reduce green- 7 house gas emissions,’’ after ‘‘promote 8 energy conservation,’’; 9 (II) by inserting ‘‘and public 10 health’’ after ‘‘improve the quality of 11 life’’; and 12 (III) by inserting ‘‘, including 13 housing and land use patterns’’ after 14 ‘‘economic development patterns’’; 15 (ii) in subparagraph (I)— 16 (I) by inserting ‘‘, sea level rise, 17 extreme weather, and climate change’’ 18 after ‘‘mitigate stormwater’’; and 19 (II) by striking ‘‘and’’ after the 20 semicolon; 21 (iii) by redesignating subparagraph 22 (J) as subparagraph (M); and 23 (iv) by inserting after subparagraph 24 (I) the following: 25 569 •HR 3684 EH ‘‘(J) facilitate emergency management, re- 1 sponse, and evacuation and hazard mitigation; 2 ‘‘(K) improve the level of transportation 3 system access; 4 ‘‘(L) support inclusive zoning policies and 5 land use planning practices that incentivize af- 6 fordable, elastic, and diverse housing supply, fa- 7 cilitate long-term economic growth by improving 8 the accessibility of housing to jobs, and prevent 9 high housing costs from displacing economically 10 disadvantaged households; and’’; 11 (B) in paragraph (2)— 12 (i) by striking subparagraph (A) and 13 inserting the following: 14 ‘‘(A) IN GENERAL.—Through the use of a 15 performance-based approach, transportation in- 16 vestment decisions made as a part of the state- 17 wide transportation planning process shall sup- 18 port— 19 ‘‘(i) the national goals described in 20 section 150(b); 21 ‘‘(ii) the consideration of transpor- 22 tation system access (consistent with sec- 23 tion 150(f)); 24 570 •HR 3684 EH ‘‘(iii) the achievement of statewide 1 targets established under section 150(d); 2 and 3 ‘‘(iv) the general purposes described 4 in section 5301 of title 49.’’; and 5 (ii) in subparagraph (D) by striking 6 ‘‘statewide transportation improvement 7 program’’ and inserting ‘‘STIP’’; and 8 (C) in paragraph (3) by striking ‘‘state- 9 wide transportation improvement program’’ and 10 inserting ‘‘STIP’’; 11 (3) in subsection (e)(3) by striking ‘‘transpor- 12 tation improvement program’’ and inserting 13 ‘‘STIP’’; 14 (4) in subsection (f)— 15 (A) in paragraph (2)(D)— 16 (i) in clause (i) by inserting ‘‘air qual- 17 ity, public health, housing, transportation, 18 resilience, hazard mitigation, emergency 19 management,’’ after ‘‘conservation,’’; and 20 (ii) by amending clause (ii) to read as 21 follows: 22 ‘‘(ii) COMPARISON AND CONSIDER- 23 ATION.—Consultation under clause (i) 24 shall involve the comparison of transpor- 25 571 •HR 3684 EH tation plans to other relevant plans and in- 1 ventories, including, if available— 2 ‘‘(I) State and tribal conservation 3 plans or maps; and 4 ‘‘(II) inventories of natural or 5 historic resources.’’; 6 (B) in paragraph (3)(B)— 7 (i) by striking ‘‘In carrying out’’ and 8 inserting the following: 9 ‘‘(i) IN GENERAL.—In carrying out’’; 10 (ii) by redesignating clauses (i) 11 through (iv) as subclauses (I) through 12 (IV), respectively; and 13 (iii) by adding at the end the fol- 14 lowing: 15 ‘‘(ii) ADDITIONAL METHODS.—In ad- 16 dition to the methods described in clause 17 (i), in carrying out subparagraph (A), the 18 State shall, to the maximum extent prac- 19 ticable— 20 ‘‘(I) use virtual public involve- 21 ment, social media, and other web- 22 based tools to encourage public par- 23 ticipation and solicit public feedback; 24 and 25 572 •HR 3684 EH ‘‘(II) use other methods, as ap- 1 propriate, to further encourage public 2 participation of historically underrep- 3 resented individuals in the transpor- 4 tation planning process.’’; 5 (C) in paragraph (4)(A) by inserting ‘‘re- 6 duce greenhouse gas emissions and’’ after ‘‘po- 7 tential to’’; and 8 (D) in paragraph (8) by inserting ‘‘green- 9 house gas emissions,’’ after ‘‘pollution,’’; 10 (5) in subsection (g)— 11 (A) in paragraph (1)(A) by striking ‘‘state- 12 wide transportation improvement program’’ and 13 inserting ‘‘STIP’’; 14 (B) in paragraph (3) by striking ‘‘opera- 15 tors),,’’ and inserting ‘‘operators),’’; 16 (C) in paragraph (4) by striking ‘‘state- 17 wide transportation improvement program’’ and 18 inserting ‘‘STIP’’ each place it appears; 19 (D) in paragraph (5)— 20 (i) in subparagraph (A) by striking 21 ‘‘transportation improvement program’’ 22 and inserting ‘‘STIP’’; 23 573 •HR 3684 EH (ii) in subparagraph (B)(ii) by strik- 1 ing ‘‘metropolitan transportation improve- 2 ment program’’ and inserting ‘‘TIP’’; 3 (iii) in subparagraph (C) by striking 4 ‘‘transportation improvement program’’ 5 and inserting ‘‘STIP’’ each place it ap- 6 pears; 7 (iv) in subparagraph (E) by striking 8 ‘‘transportation improvement program’’ 9 and inserting ‘‘STIP’’; 10 (v) in subparagraph (F)(i) by striking 11 ‘‘transportation improvement program’’ 12 and inserting ‘‘STIP’’ each place it ap- 13 pears; 14 (vi) in subparagraph (G)(ii) by strik- 15 ing ‘‘transportation improvement program’’ 16 and inserting ‘‘STIP’’; and 17 (vii) in subparagraph (H) by striking 18 ‘‘transportation improvement program’’ 19 and inserting ‘‘STIP’’; 20 (E) in paragraph (6)— 21 (i) in subparagraph (A)— 22 (I) by striking ‘‘transportation 23 improvement program’’ and inserting 24 ‘‘STIP’’; and 25 574 •HR 3684 EH (II) by striking ‘‘and projects 1 carried out under the bridge program 2 or the Interstate maintenance pro- 3 gram’’; and 4 (ii) in subparagraph (B)— 5 (I) by striking ‘‘or under the 6 bridge program or the Interstate 7 maintenance program’’; 8 (II) by striking ‘‘5310, 5311, 9 5316, and 5317’’ and inserting ‘‘5310 10 and 5311’’; and 11 (III) by striking ‘‘statewide 12 transportation improvement program’’ 13 and inserting ‘‘STIP’’; 14 (F) in paragraph (7)— 15 (i) in the heading by striking ‘‘TRANS- 16 PORTATION IMPROVEMENT PROGRAM’’ and 17 inserting ‘‘STIP’’; and 18 (ii) by striking ‘‘transportation im- 19 provement program’’ and inserting 20 ‘‘STIP’’; 21 (G) in paragraph (8) by striking ‘‘state- 22 wide transportation plans and programs’’ and 23 inserting ‘‘statewide transportation plans and 24 STIPs’’; and 25 575 •HR 3684 EH (H) in paragraph (9) by striking ‘‘trans- 1 portation improvement program’’ and inserting 2 ‘‘STIP’’; 3 (6) in subsection (h)(2)(A) by striking ‘‘Not 4 later than 5 years after the date of enactment of the 5 MAP–21,’’ and inserting ‘‘Not less frequently than 6 once every 4 years,’’; 7 (7) in subsection (k) by striking ‘‘transportation 8 improvement program’’ and inserting ‘‘STIP’’ each 9 place it appears; and 10 (8) in subsection (m) by striking ‘‘transpor- 11 tation improvement programs’’ and inserting 12 ‘‘STIPs’’. 13 SEC. 1403. NATIONAL GOALS AND PERFORMANCE MANAGE- 14 MENT MEASURES. 15 (a) IN GENERAL.—Section 150 of title 23, United 16 States Code, is amended— 17 (1) in subsection (b)— 18 (A) in paragraph (1) by inserting ‘‘or 19 elimination’’ after ‘‘significant reduction’’; 20 (B) by redesignating paragraph (7) as 21 paragraph (8); and 22 (C) by inserting after paragraph (6) the 23 following: 24 576 •HR 3684 EH ‘‘(7) COMBATING CLIMATE CHANGE.—To re- 1 duce carbon dioxide and other greenhouse gas emis- 2 sions and reduce the climate impacts of the trans- 3 portation system.’’; 4 (2) in subsection (c)— 5 (A) in paragraph (1) by striking ‘‘Not 6 later than 18 months after the date of enact- 7 ment of the MAP–21, the Secretary’’ and in- 8 serting ‘‘The Secretary’’; and 9 (B) by adding at the end the following: 10 ‘‘(7) GREENHOUSE GAS EMISSIONS.—The Sec- 11 retary shall establish, in consultation with the Ad- 12 ministrator of the Environmental Protection Agency, 13 measures for States to use to assess— 14 ‘‘(A) carbon dioxide emissions per capita 15 on public roads; 16 ‘‘(B) carbon dioxide emissions using dif- 17 ferent parameters than described in subpara- 18 graph (A) that the Secretary determines to be 19 appropriate; and 20 ‘‘(C) any other greenhouse gas emissions 21 on public roads that the Secretary determines 22 to be appropriate.’’; 23 (3) in subsection (d)— 24 (A) in paragraph (1)— 25 577 •HR 3684 EH (i) by striking ‘‘Not later than 1 year 1 after the Secretary has promulgated the 2 final rulemaking under subsection (c), 3 each’’ and inserting ‘‘Each’’; and 4 (ii) by striking ‘‘and (6)’’ and insert- 5 ing ‘‘(6), and (7)’’; and 6 (B) by adding at the end the following: 7 ‘‘(3) REGRESSIVE TARGETS.— 8 ‘‘(A) IN GENERAL.—A State may not es- 9 tablish a regressive target for the measures de- 10 scribed under paragraph (4) or paragraph (7) 11 of subsection (c). 12 ‘‘(B) REGRESSIVE TARGET DEFINED.—In 13 this paragraph, the term ‘regressive target’ 14 means a target that fails to demonstrate con- 15 stant or improved performance for a particular 16 measure.’’; 17 (4) in subsection (e)— 18 (A) by striking ‘‘Not later than 4 years 19 after the date of enactment of the MAP–21 and 20 biennially thereafter, a’’ and inserting ‘‘A’’; and 21 (B) by inserting ‘‘biennial’’ after ‘‘the Sec- 22 retary a’’; and 23 (5) by adding at the end the following: 24 ‘‘(f) TRANSPORTATION SYSTEM ACCESS.— 25 578 •HR 3684 EH ‘‘(1) IN GENERAL.—The Secretary shall estab- 1 lish measures for States and metropolitan planning 2 organizations to use to assess the level of safe, reli- 3 able, and convenient transportation system access 4 to— 5 ‘‘(A) employment; and 6 ‘‘(B) services. 7 ‘‘(2) CONSIDERATIONS.—The measures estab- 8 lished pursuant to paragraph (1) shall include the 9 ability for States and metropolitan planning organi- 10 zations to assess— 11 ‘‘(A) the change in the level of transpor- 12 tation system access for various modes of trav- 13 el, including connection to other modes of 14 transportation, that would result from new 15 transportation investments; 16 ‘‘(B) the level of transportation system ac- 17 cess for economically disadvantaged commu- 18 nities, including to affordable housing; and 19 ‘‘(C) the extent to which transportation ac- 20 cess is impacted by zoning policies and land use 21 planning practices that effect the affordability, 22 elasticity, and diversity of the housing supply. 23 ‘‘(3) DEFINITION OF SERVICES.—In this sub- 24 section, the term ‘services’ includes healthcare facili- 25 579 •HR 3684 EH ties, child care, education and workforce training, 1 food sources, banking and other financial institu- 2 tions, and other retail shopping establishments.’’. 3 (b) METROPOLITAN TRANSPORTATION PLANNING; 4 TITLE 23.—Section 134 of title 23, United States Code, 5 is further amended— 6 (1) in subsection (j)(2)(D)— 7 (A) by striking ‘‘PERFORMANCE TARGET 8 ACHIEVEMENT’’ in the heading and inserting 9 ‘‘PERFORMANCE MANAGEMENT’’; 10 (B) by striking ‘‘The TIP’’ and inserting 11 the following: 12 ‘‘(i) IN GENERAL.—The TIP’’; and 13 (C) by adding at the end the following: 14 ‘‘(ii) TRANSPORTATION MANAGEMENT 15 AREAS.—For metropolitan planning areas 16 that represent an urbanized area des- 17 ignated as a transportation management 18 area under subsection (k), the TIP shall 19 include— 20 ‘‘(I) a discussion of the antici- 21 pated effect of the TIP toward achiev- 22 ing the performance targets estab- 23 lished in the metropolitan transpor- 24 580 •HR 3684 EH tation plan, linking investment prior- 1 ities to such performance targets; and 2 ‘‘(II) a description of how the an- 3 ticipated effect of the TIP would im- 4 prove the overall level of transpor- 5 tation system access, consistent with 6 section 150(f).’’; 7 (2) in subsection (k)— 8 (A) in paragraph (3)(A)— 9 (i) by striking ‘‘shall address conges- 10 tion management’’ and inserting the fol- 11 lowing: ‘‘shall address— 12 ‘‘(i) congestion management’’; 13 (ii) by striking the period at the end 14 and inserting ‘‘; and’’; and 15 (iii) by adding at the end the fol- 16 lowing: 17 ‘‘(ii) the overall level of transportation 18 system access for various modes of travel 19 within the metropolitan planning area, in- 20 cluding the level of access for economically 21 disadvantaged communities, consistent 22 with section 150(f), that is based on a co- 23 operatively developed and implemented 24 metropolitan-wide strategy, assessing both 25 581 •HR 3684 EH new and existing transportation facilities 1 eligible for funding under this title and 2 chapter 53 of title 49.’’; and 3 (B) in paragraph (5)(B)— 4 (i) in clause (i) by striking ‘‘; and’’ 5 and inserting a semicolon; 6 (ii) in clause (ii) by striking the pe- 7 riod and inserting ‘‘; and’’; and 8 (iii) by adding at the end the fol- 9 lowing: 10 ‘‘(iii) the TIP approved under clause 11 (ii) makes progress towards improving the 12 level of transportation system access, con- 13 sistent with section 150(f).’’; and 14 (3) in subsection (l)(2)— 15 (A) by striking ‘‘5 years after the date of 16 enactment of the MAP–21’’ and inserting ‘‘2 17 years after the date of enactment of the IN- 18 VEST in America Act, and every 2 years there- 19 after’’; 20 (B) in subparagraph (C) by striking ‘‘and 21 whether metropolitan planning organizations 22 are developing meaningful performance targets; 23 and’’ and inserting a semicolon; and 24 582 •HR 3684 EH (C) by striking subparagraph (D) and in- 1 serting the following: 2 ‘‘(D) a listing of all metropolitan planning 3 organizations that are establishing performance 4 targets and whether such performance targets 5 established by the metropolitan planning orga- 6 nization are meaningful or regressive (as de- 7 fined in section 150(d)(3)(B)); and 8 ‘‘(E) the progress of implementing the 9 measure established under section 150(f).’’. 10 (c) STATEWIDE AND NONMETROPOLITAN TRANSPOR- 11 TATION PLANNING; TITLE 23.—Section 135(g)(4) of title 12 23, United States Code, is further amended— 13 (1) by striking ‘‘PERFORMANCE TARGET 14 ACHIEVEMENT’’ in the heading and inserting ‘‘PER- 15 FORMANCE MANAGEMENT’’; 16 (2) by striking ‘‘shall include, to the maximum 17 extent practicable, a discussion’’ and inserting the 18 following: ‘‘shall include— 19 ‘‘(A) a discussion’’; 20 (3) by striking the period at the end and insert- 21 ing ‘‘; and’’; and 22 (4) by adding at the end the following: 23 ‘‘(B) a consideration of the anticipated ef- 24 fect of the STIP on the overall level of trans- 25 583 •HR 3684 EH portation system access, consistent with section 1 150(f).’’. 2 (d) METROPOLITAN TRANSPORTATION PLANNING; 3 TITLE 49.—Section 5303 of title 49, United States Code, 4 is amended— 5 (1) in subsection (j)(2)(D)— 6 (A) by striking ‘‘PERFORMANCE TARGET 7 ACHIEVEMENT’’ and inserting ‘‘PERFORMANCE 8 MANAGEMENT’’; 9 (B) by striking ‘‘The transportation im- 10 provement plan’’ and inserting the following: 11 ‘‘(i) IN GENERAL.—The TIP’’; and 12 (C) by adding at the end the following: 13 ‘‘(ii) TRANSPORTATION MANAGEMENT 14 AREAS.—For metropolitan planning areas 15 that represent an urbanized area des- 16 ignated as a transportation management 17 area under subsection (k), the TIP shall 18 include— 19 ‘‘(I) a discussion of the antici- 20 pated effect of the TIP toward achiev- 21 ing the performance targets estab- 22 lished in the metropolitan transpor- 23 tation plan, linking investment prior- 24 ities to such performance targets; and 25 584 •HR 3684 EH ‘‘(II) a description of how the an- 1 ticipated effect of the TIP would im- 2 prove the overall level of transpor- 3 tation system access, consistent with 4 section 150(f) of title 23.’’; 5 (2) in subsection (k)— 6 (A) in paragraph (3)(A)— 7 (i) by striking ‘‘shall address conges- 8 tion management’’ and inserting the fol- 9 lowing: ‘‘shall address— 10 ‘‘(i) congestion management’’; 11 (ii) by striking the period at the end 12 and inserting ‘‘; and’’; and 13 (iii) by adding at the end the fol- 14 lowing: 15 ‘‘(ii) the overall level of transportation 16 system access for various modes of travel 17 within the metropolitan planning area, in- 18 cluding the level of access for economically 19 disadvantaged communities, consistent 20 with section 150(f) of title 23, that is 21 based on a cooperatively developed and im- 22 plemented metropolitan-wide strategy, as- 23 sessing both new and existing transpor- 24 585 •HR 3684 EH tation facilities eligible for funding under 1 this chapter and title 23.’’; and 2 (B) in paragraph (5)(B)— 3 (i) in clause (i) by striking ‘‘; and’’ 4 and inserting a semicolon; 5 (ii) in clause (ii) by striking the pe- 6 riod and inserting ‘‘; and’’; and 7 (iii) by adding at the end the fol- 8 lowing: 9 ‘‘(iii) the TIP approved under clause 10 (ii) makes progress towards improving the 11 level of transportation system access, con- 12 sistent with section 150(f) of title 23.’’; 13 and 14 (3) in subsection (l)(2)— 15 (A) by striking ‘‘5 years after the date of 16 enactment of the Federal Public Transportation 17 Act of 2012’’ and inserting ‘‘2 years after the 18 date of enactment of the INVEST in America 19 Act, and every 2 years thereafter,’’; 20 (B) in subparagraph (C) by striking ‘‘and 21 whether metropolitan planning organizations 22 are developing meaningful performance targets; 23 and’’ and inserting a semicolon; and 24 586 •HR 3684 EH (C) by striking subparagraph (D) and in- 1 serting the following: 2 ‘‘(D) a listing of all metropolitan planning 3 organizations that are establishing performance 4 targets and whether such performance targets 5 established by the metropolitan planning orga- 6 nization are meaningful or regressive (as de- 7 fined in section 150(d)(3)(B) of title 23); and 8 ‘‘(E) the progress of implementing the 9 measure established under section 150(f) of 10 title 23.’’. 11 (e) STATEWIDE AND NONMETROPOLITAN TRANSPOR- 12 TATION PLANNING; TITLE 49.—Section 5304(g)(4) of 13 title 49, United States Code, is amended— 14 (1) by striking ‘‘PERFORMANCE TARGET 15 ACHIEVEMENT’’ and inserting ‘‘PERFORMANCE MAN- 16 AGEMENT’’; 17 (2) by striking ‘‘shall include, to the maximum 18 extent practicable, a discussion’’ and inserting the 19 following: ‘‘shall include— 20 ‘‘(A) a discussion’’; 21 (3) by striking the period at the end and insert- 22 ing ‘‘; and’’; 23 587 •HR 3684 EH (4) by striking ‘‘statewide transportation im- 1 provement program’’ and inserting ‘‘STIP’’ each 2 place it appears; and 3 (5) by adding at the end the following: 4 ‘‘(B) a consideration of the anticipated ef- 5 fect of the STIP on the overall level of trans- 6 portation system access, consistent with section 7 150(f) of title 23.’’. 8 (f) SAVINGS CLAUSE.— 9 (1) REGRESSIVE TARGETS.—The prohibition in 10 the amendment made by subsection (a)(3)(B) shall 11 apply to States beginning on the date that is 1 year 12 before the subsequent State target and reporting 13 deadlines related to safety performance management 14 established pursuant to section 150 of title 23, 15 United States Code. 16 (2) ACCESS PLANNING REQUIREMENTS.—The 17 requirements in the amendments made by sub- 18 sections (b), (c), (d), and (e) shall apply beginning 19 on the date on which the requirements for the meas- 20 ure described in section 150(f) of title 23, United 21 States Code, take effect. 22 (g) DEVELOPMENT OF GREENHOUSE GAS MEAS- 23 URE.—Not later than 1 year after the date of enactment 24 of this Act, the Secretary of Transportation shall issue 25 588 •HR 3684 EH such regulations as are necessary to carry out paragraph 1 (7) of section 150(c) of title 23, United States Code, as 2 added by this Act. 3 (h) DEVELOPMENT OF TRANSPORTATION SYSTEM 4 ACCESS MEASURE.— 5 (1) ESTABLISHMENT.—Not later than 120 days 6 after the date of enactment of this Act, the Sec- 7 retary of Transportation shall establish a working 8 group to assess the provisions of paragraphs (1) and 9 (2) of section 150(f) and make recommendations re- 10 garding the establishment of measures for States 11 and metropolitan planning organizations to use to 12 assess the level of transportation system access for 13 various modes of travel, consistent with section 14 150(f) of title 23, United States Code. 15 (2) MEMBERS.—The working group established 16 pursuant to paragraph (1) shall include representa- 17 tives from— 18 (A) the Department of Transportation; 19 (B) State departments of transportation, 20 including representatives that specialize in pe- 21 destrian and bicycle safety; 22 (C) the Bureau of Transportation Statis- 23 tics; 24 589 •HR 3684 EH (D) metropolitan planning organizations 1 representing transportation management areas 2 (as those terms are defined in section 134 of 3 title 23, United States Code); 4 (E) other metropolitan planning organiza- 5 tions or local governments; 6 (F) providers of public transportation; 7 (G) nonprofit entities related to transpor- 8 tation, including relevant safety groups; 9 (H) experts in the field of transportation 10 access data; and 11 (I) any other stakeholders, as determined 12 by the Secretary. 13 (3) REPORT.— 14 (A) SUBMISSION.—Not later than 1 year 15 after the establishment of the working group 16 pursuant to paragraph (1), the working group 17 shall submit to the Secretary a report of rec- 18 ommendations regarding the establishment of 19 measures for States and metropolitan planning 20 organizations to use to assess the level of trans- 21 portation system access, consistent with section 22 150(f) of title 23, United States Code. 23 (B) PUBLICATION.—Not later than 30 24 days after the date on which the Secretary re- 25 590 •HR 3684 EH ceives the report under subparagraph (A), the 1 Secretary shall publish the report on a publicly 2 accessible website of the Department of Trans- 3 portation. 4 (4) RULEMAKING.—Not later than 2 years after 5 the date on which the Secretary receives the report 6 under paragraph (3), the Secretary shall issue such 7 regulations as are necessary to implement the re- 8 quirements of section 150(f) of title 23, United 9 States Code. 10 (5) TERMINATION.—The Secretary shall termi- 11 nate the working group established pursuant to 12 paragraph (1) on the date on which the regulation 13 issued pursuant to paragraph (4) takes effect. 14 (i) TRANSPORTATION SYSTEM ACCESS DATA.— 15 (1) IN GENERAL.—Not later than 90 days after 16 the date on which the Secretary of Transportation 17 establishes the measure required under section 18 150(f) of title 23, United States Code, the Secretary 19 shall develop or procure eligible transportation sys- 20 tem access data sets and analytical tools and make 21 such data sets and analytical tools available to State 22 departments of transportation and metropolitan 23 planning areas that represent transportation man- 24 agement areas. 25 591 •HR 3684 EH (2) REQUIREMENTS.—An eligible transpor- 1 tation system access data set and analytical tool 2 shall have the following characteristics: 3 (A) The ability to quantify the level of 4 safe, reliable, and convenient transportation 5 system access to— 6 (i) employment; 7 (ii) services; and 8 (iii) connections to other modes of 9 transportation. 10 (B) The ability to quantify transportation 11 system access for various modes of travel, in- 12 cluding— 13 (i) driving; 14 (ii) public transportation; 15 (iii) walking (including conveyance for 16 persons with disabilities); and 17 (iv) cycling (including micromobility). 18 (C) The ability to disaggregate the level of 19 transportation system access by various trans- 20 portation modes by a variety of population cat- 21 egories, including— 22 (i) low-income populations; 23 (ii) minority populations; 24 (iii) age; 25 592 •HR 3684 EH (iv) disability; and 1 (v) geographical location. 2 (D) The ability to assess the change in the 3 level of transportation system access that would 4 result from new transportation investments. 5 (3) CONSIDERATION.—An eligible transpor- 6 tation system access data set and analytical tool 7 shall take into consideration safe and connected net- 8 works for walking, cycling, and persons with disabil- 9 ities. 10 (j) DEFINITIONS.—In this section: 11 (1) TRANSPORTATION SYSTEM ACCESS.—The 12 term ‘‘transportation system access’’ has the mean- 13 ing given such term in section 101 of title 23, 14 United States Code. 15 (2) SERVICES.—The term ‘‘services’’ has the 16 meaning given such term in section 150(f) of title 17 23, United States Code. 18 SEC. 1404. TRANSPORTATION DEMAND DATA AND MOD- 19 ELING STUDY. 20 (a) STUDY.— 21 (1) IN GENERAL.—The Secretary of Transpor- 22 tation shall conduct a study on transportation de- 23 mand data and modeling, including transportation 24 demand forecasting, and make recommendations for 25 593 •HR 3684 EH developing and utilizing transportation and traffic 1 demand models with a demonstrated record of accu- 2 racy. 3 (2) CONTENTS.—In carrying out the study 4 under this section, the Secretary shall— 5 (A) collect observed transportation demand 6 data and transportation demand forecasts from 7 States and metropolitan planning organizations, 8 including data and forecasts on— 9 (i) traffic counts; 10 (ii) transportation mode share and 11 public transportation ridership; 12 (iii) vehicle occupancy measures; and 13 (iv) travel demand impacts from state 14 and local transportation demand manage- 15 ment programs; 16 (B) compare the transportation demand 17 forecasts with the observed transportation de- 18 mand data gathered under subparagraph (A), 19 including an analysis of the level of accuracy of 20 forecasts and possible reasons for large discrep- 21 ancies; and 22 (C) use the information described in sub- 23 paragraphs (A) and (B) to— 24 594 •HR 3684 EH (i) develop best practices and guid- 1 ance for States and metropolitan planning 2 organizations to use in forecasting trans- 3 portation demand for future investments in 4 transportation improvements; 5 (ii) evaluate the impact of transpor- 6 tation investments, including new roadway 7 capacity, on transportation behavior and 8 transportation demand, including public 9 transportation ridership, induced highway 10 transportation, and congestion; 11 (iii) support more accurate transpor- 12 tation demand forecasting by States and 13 metropolitan planning organizations; 14 (iv) enhance the capacity of States 15 and metropolitan planning organizations 16 to— 17 (I) forecast transportation de- 18 mand; and 19 (II) track observed transpor- 20 tation behavior responses, including 21 induced transportation, to changes in 22 transportation capacity, pricing, and 23 land use patterns; and 24 595 •HR 3684 EH (v) develop transportation demand 1 management strategies to maximize the ef- 2 ficiency of the transportation system, im- 3 prove mobility, reduce congestion, and 4 lower vehicle emissions. 5 (3) COVERED ENTITIES.—In carrying out the 6 study under this section, the Secretary shall ensure 7 that data and forecasts described in paragraph 8 (2)(A) are collected from— 9 (A) States; 10 (B) metropolitan planning organizations 11 that serve an area with a population of 200,000 12 people or fewer; and 13 (C) metropolitan planning organizations 14 that serve an area with a population of over 15 200,000 people. 16 (4) WORKING WITH THE PRIVATE SECTOR.—In 17 carrying out this section, the Secretary may, and is 18 encouraged to, procure additional data as necessary 19 from university transportation centers, private sector 20 providers, and other entities as is needed and may 21 use funds authorized under section 503(b) of title 22 23, United States Code, for carrying out this para- 23 graph. 24 596 •HR 3684 EH (5) WORKING WITH AFFECTED COMMU- 1 NITIES.—In carrying out this section, the Secretary 2 shall consult with, and collect data and input from, 3 representatives of— 4 (A) the Department of Transportation; 5 (B) State departments of transportation; 6 (C) metropolitan planning organizations; 7 (D) local governments; 8 (E) providers of public transportation; 9 (F) nonprofit entities related to transpor- 10 tation, including safety, cycling, disability, and 11 equity groups; and 12 (G) any other stakeholders, as determined 13 by the Secretary. 14 (b) REPORT.—Not later than 2 years after the date 15 of enactment of this Act, the Secretary shall submit to 16 Congress a report containing the findings of the study 17 conducted under subsection (a). 18 (c) SECRETARIAL SUPPORT.—The Secretary shall 19 seek opportunities to support the transportation planning 20 processes under sections 134 and 135 of title 23, United 21 States Code, through the provision of data to States and 22 metropolitan planning organizations to improve the qual- 23 ity of transportation plans, models, and demand forecasts. 24 597 •HR 3684 EH (d) UPDATE GUIDANCE AND REGULATIONS.—The 1 Secretary shall— 2 (1) update Department of Transportation guid- 3 ance and procedures to utilize best practices docu- 4 mented throughout the Federal program; and 5 (2) ensure that best practices included in the 6 report are incorporated into appropriate regulations 7 as such regulations are updated. 8 (e) CONTINUING IMPROVEMENT.—The Secretary 9 shall set out a process to repeat the study under this sec- 10 tion every 2 years as part of the conditions and perform- 11 ance report, including— 12 (1) progress in the accuracy of model projec- 13 tions; 14 (2) further recommendations for improvement; 15 and 16 (3) further changes to guidance, regulation, and 17 procedures required for the Department of Trans- 18 portation to adopt best practices. 19 SEC. 1405. FISCAL CONSTRAINT ON LONG-RANGE TRANS- 20 PORTATION PLANS. 21 Not later than 1 year after the date of enactment 22 of this Act, the Secretary shall amend section 23 450.324(f)(11)(v) of title 23, Code of Federal Regulations, 24 598 •HR 3684 EH to ensure that the outer years of a metropolitan transpor- 1 tation plan are defined as ‘‘beyond the first 4 years’’. 2 Subtitle E—Federal Lands, Tribes, 3 and Territories 4 SEC. 1501. TERRITORIAL AND PUERTO RICO HIGHWAY PRO- 5 GRAM. 6 (a) IN GENERAL.—Section 165 of title 23, United 7 States Code, is amended— 8 (1) by striking subsection (a) and inserting the 9 following: 10 ‘‘(a) ANNUAL ALLOCATION.—For the Puerto Rico 11 and territorial highway program, there shall be made 12 available— 13 ‘‘(1) $340,000,000 for the Puerto Rico highway 14 program under subsection (b) for each of fiscal years 15 2023 through 2026; and 16 ‘‘(2) for the territorial highway program under 17 subsection (c)— 18 ‘‘(A) an amount equivalent to 0.002 of the 19 amount made available under section 20 1101(a)(1)(A) of the INVEST in America Act 21 for fiscal year 2023; 22 ‘‘(B) an amount equivalent to 0.002 of the 23 amount made available under section 24 599 •HR 3684 EH 1101(a)(1)(B) of the INVEST in America Act 1 for fiscal year 2024; 2 ‘‘(C) an amount equivalent to 0.002 of the 3 amount made available under section 4 1101(a)(1)(C) of the INVEST in America Act 5 for fiscal year 2025; and 6 ‘‘(D) an amount equivalent to 0.002 of the 7 amount made available under section 8 1101(a)(1)(D) of the INVEST in America Act 9 for fiscal year 2026.’’; 10 (2) in subsection (b)(2) by adding at the end 11 the following: 12 ‘‘(D) TRANSFERABILITY.—Of the amounts 13 described in clauses (i) and (ii) of subparagraph 14 (C) for the Puerto Rico highway program, 15 Puerto Rico may transfer not to exceed 50 per- 16 cent in a fiscal year of such amounts for activi- 17 ties described in clause (iii) of such subpara- 18 graph.’’. 19 (3) in subsection (c)(6)(A)— 20 (A) by redesignating clauses (iv), (v), (vi), 21 and (vii) as clauses (v), (vi), (vii), and (viii), re- 22 spectively; and 23 (B) by inserting after clause (iii) the fol- 24 lowing: 25 600 •HR 3684 EH ‘‘(iv) Ferry boats and terminal facili- 1 ties that are privately or majority privately 2 owned, in accordance with paragraphs (1), 3 (2), (4), (5), (6), and (7) of section 129(c), 4 that provide a substantial public benefit.’’; 5 and 6 (4) by adding at the end the following: 7 ‘‘(d) PARTICIPATION OF TERRITORIES IN DISCRE- 8 TIONARY PROGRAMS.—For any program in which the Sec- 9 retary may allocate funds out of the Highway Trust Fund 10 (other than the Mass Transit Account) to a State at the 11 discretion of the Secretary, the Secretary may allocate 12 funds to one or more territory for any project or activity 13 that otherwise would be eligible under such program if 14 such project or activity was being carried out in a State.’’. 15 (b) ACCESS AND DEVELOPMENT ROADS.—Section 16 118(d) of title 23, United States Code, is amended by 17 striking ‘‘and the Commonwealth of Puerto Rico’’ and in- 18 serting ‘‘, the Commonwealth of Puerto Rico, and any 19 other territory of the United States’’. 20 SEC. 1502. TRIBAL TRANSPORTATION PROGRAM. 21 Section 202 of title 23, United States Code, is 22 amended— 23 (1) in subsection (d)— 24 601 •HR 3684 EH (A) in paragraph (1) by striking ‘‘improv- 1 ing deficient’’ and inserting ‘‘the construction 2 and reconstruction of’’; 3 (B) in paragraph (2)— 4 (i) in subparagraph (A) by inserting 5 ‘‘construct,’’ after ‘‘project to’’; and 6 (ii) in subparagraph (B)— 7 (I) by striking ‘‘deficient’’; and 8 (II) by inserting ‘‘in poor condi- 9 tion’’ after ‘‘facility bridges’’; and 10 (C) in paragraph (3)— 11 (i) in the heading by striking ‘‘ELIGI- 12 BLE BRIDGES’’ and inserting ‘‘ELIGIBILITY 13 FOR EXISTING BRIDGES’’; 14 (ii) by striking ‘‘a bridge’’ and insert- 15 ing ‘‘an existing bridge’’; and 16 (iii) in subparagraph (C) by striking 17 ‘‘structurally deficient or functionally obso- 18 lete’’ and inserting ‘‘in poor condition’’; 19 and 20 (2) in subsection (e)(1)— 21 (A) by striking ‘‘2 percent’’ and inserting 22 ‘‘4 percent’’; and 23 602 •HR 3684 EH (B) by striking ‘‘for eligible projects de- 1 scribed in section 148(a)(4).’’ and inserting the 2 following: ‘‘for— 3 ‘‘(A) eligible projects described in section 4 148(a)(4); 5 ‘‘(B) projects to promote public awareness 6 and education concerning highway safety mat- 7 ters (including bicycle, all-terrain, motorcyclist, 8 and pedestrian safety); or 9 ‘‘(C) projects to enforce highway safety 10 laws.’’. 11 SEC. 1503. TRIBAL HIGH PRIORITY PROJECTS PROGRAM. 12 (a) TRIBAL TRANSPORTATION PROGRAM.—Section 13 202 of title 23, United States Code, is amended— 14 (1) by redesignating subsection (f) as sub- 15 section (g); and 16 (2) by inserting after subsection (e) the fol- 17 lowing: 18 ‘‘(f) TRIBAL HIGH PRIORITY PROJECTS PROGRAM.— 19 Before making any distribution under subsection (b), the 20 Secretary shall set aside $50,000,000 from the funds 21 made available under the tribal transportation program 22 for each fiscal year to carry out the Tribal High Priority 23 Projects program under section 1123 of MAP–21 (23 24 U.S.C. 202 note).’’. 25 603 •HR 3684 EH (b) TRIBAL HIGH PRIORITY PROJECTS PROGRAM.— 1 Section 1123 of MAP–21 (23 U.S.C. 202 note) is amend- 2 ed— 3 (1) in subsection (a)(1)(C) by striking ‘‘re- 4 quired by that section’’ and inserting ‘‘required 5 under such program’’; 6 (2) in subsection (b)(1) by striking ‘‘use 7 amounts made available under subsection (h) to’’; 8 (3) in subsection (d)— 9 (A) in paragraph (2) by inserting ‘‘, in 10 consultation with the Secretary of the Interior,’’ 11 after ‘‘The Secretary’’; and 12 (B) in paragraph (3) by striking ‘‘of the 13 Interior’’ each place it appears; 14 (4) in subsection (f) by striking ‘‘$1,000,000’’ 15 and inserting ‘‘$5,000,000’’; 16 (5) in subsection (g) by striking ‘‘and the Sec- 17 retary’’ and inserting ‘‘or the Secretary’’; and 18 (6) by striking subsection (h) and inserting the 19 following: 20 ‘‘(h) ADMINISTRATION.—The funds made available to 21 carry out this section shall be administered in the same 22 manner as funds made available for the Tribal transpor- 23 tation program under section 202 of title 23, United 24 States Code.’’. 25 604 •HR 3684 EH SEC. 1504. FEDERAL LANDS TRANSPORTATION PROGRAM. 1 (a) IN GENERAL.—Section 203(a) of title 23, United 2 States Code, is amended by adding at the end the fol- 3 lowing: 4 ‘‘(6) TRANSFER FOR HIGH-COMMUTER COR- 5 RIDORS.— 6 ‘‘(A) REQUEST.—If the head of a covered 7 agency determines that a high-commuter cor- 8 ridor requires additional investment, based on 9 the criteria described in subparagraph (D), the 10 head of a covered agency, with respect to such 11 corridor, shall submit to the State— 12 ‘‘(i) information on condition of pave- 13 ments and bridges; 14 ‘‘(ii) an estimate of the amounts need- 15 ed to bring such corridor into a state of 16 good repair, taking into consideration any 17 planned future investments; and 18 ‘‘(iii) at the discretion of the head of 19 a covered agency, a request that the State 20 transfer to the covered agency, under the 21 authority of section 132 or section 204, or 22 to the Federal Highway Administration, 23 under the authority of section 104, a por- 24 tion of such amounts necessary to address 25 the condition of the corridor. 26 605 •HR 3684 EH ‘‘(B) STATE RESPONSE.—Not later than 1 45 days after the date of receipt of the request 2 described in subparagraph (A)(iii), the State 3 shall— 4 ‘‘(i) approve the request; 5 ‘‘(ii) deny the request and explain the 6 reasons for such denial; or 7 ‘‘(iii) request any additional informa- 8 tion necessary to take action on the re- 9 quest. 10 ‘‘(C) NOTIFICATION TO THE SEC- 11 RETARY.—The head of a covered agency shall 12 provide to the Secretary a copy of any request 13 described under subparagraph (A)(iii) and re- 14 sponse described under subparagraph (B). 15 ‘‘(D) CRITERIA.—In making a determina- 16 tion under subparagraph (A), the head of a cov- 17 ered agency, with respect to the corridor, shall 18 consider— 19 ‘‘(i) the condition of roads, bridges, 20 and tunnels; and 21 ‘‘(ii) the average annual daily traffic. 22 ‘‘(E) DEFINITIONS.—In this paragraph: 23 ‘‘(i) COVERED AGENCY.—The term 24 ‘covered agency’ means a Federal agency 25 606 •HR 3684 EH eligible to receive funds under this section, 1 section 203, or section 204, including the 2 Army Corps of Engineers, Bureau of Rec- 3 lamation, and the Bureau of Land Man- 4 agement. 5 ‘‘(ii) HIGH-COMMUTER CORRIDOR.— 6 The term ‘high-commuter corridor’ means 7 a Federal lands transportation facility that 8 has an average annual daily traffic of not 9 less than 20,000 vehicles.’’. 10 (b) GAO STUDY REGARDING NPS MAINTENANCE.— 11 (1) STUDY.—The Comptroller General of the 12 United States shall study the National Park Service 13 maintenance prioritization of Federal lands trans- 14 portation facilities. 15 (2) CONTENTS.—At minimum, the study under 16 paragraph (1) shall examine— 17 (A) general administrative maintenance of 18 the National Park Service; 19 (B) how the National Park Service cur- 20 rently prioritizes maintenance of Federal facili- 21 ties covered under the Federal Lands Transpor- 22 tation Program; 23 (C) what kind of maintenance the National 24 Parkway Service is performing; 25 607 •HR 3684 EH (D) to what degree does the National Park 1 Service prioritize high-commuter corridors; and 2 (E) how the National Park Service can 3 better service the needs of high commuter cor- 4 ridors. 5 (3) REPORT.—Not later than 1 year after the 6 date of enactment of this Act, the Comptroller Gen- 7 eral shall submit to the Committee on Transpor- 8 tation and Infrastructure of the House of Represent- 9 atives and the Committee on Environment and Pub- 10 lic Works of the Senate a report summarizing the 11 study and the results of such study, including rec- 12 ommendations for addressing the maintenance needs 13 and prioritization of high-commuter corridors. 14 (4) DEFINITION OF HIGH-COMMUTER COR- 15 RIDOR.—In this section, the term ‘‘high-commuter 16 corridor’’ means a Federal lands transportation fa- 17 cility that has average annual daily traffic of not less 18 than 20,000 vehicles. 19 SEC. 1505. FEDERAL LANDS AND TRIBAL MAJOR PROJECTS 20 PROGRAM. 21 (a) IN GENERAL.—Chapter 2 of title 23, United 22 States Code, is amended by inserting after section 207 the 23 following: 24 608 •HR 3684 EH ‘‘§ 208. Federal lands and Tribal major projects pro- 1 gram 2 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab- 3 lish a Federal lands and Tribal major projects program 4 (referred to in this section as the ‘program’) to provide 5 funding to construct, reconstruct, or rehabilitate critical 6 Federal lands and Tribal transportation infrastructure. 7 ‘‘(b) ELIGIBLE APPLICANTS.— 8 ‘‘(1) IN GENERAL.—Except as provided in para- 9 graph (2), entities eligible to receive funds under 10 sections 201, 202, 203, and 204 may apply for fund- 11 ing under the program. 12 ‘‘(2) SPECIAL RULE.—A State, county, or unit 13 of local government may only apply for funding 14 under the program if sponsored by an eligible Fed- 15 eral agency or Indian Tribe. 16 ‘‘(c) ELIGIBLE PROJECTS.—An eligible project under 17 the program shall be on a Federal lands transportation 18 facility, a Federal lands access transportation facility, or 19 a tribal transportation facility, except that such facility is 20 not required to be included in an inventory described in 21 section 202 or 203, and for which— 22 ‘‘(1) the project— 23 ‘‘(A) has completed the activities required 24 under the National Environmental Policy Act of 25 609 •HR 3684 EH 1969 (42 U.S.C. 4321 et seq.) which has been 1 demonstrated through— 2 ‘‘(i) a record of decision with respect 3 to the project; 4 ‘‘(ii) a finding that the project has no 5 significant impact; or 6 ‘‘(iii) a determination that the project 7 is categorically excluded; or 8 ‘‘(B) is reasonably expected to begin con- 9 struction not later than 18 months after the 10 date of obligation of funds for the project; and 11 ‘‘(2) the project has an estimated cost equal to 12 or exceeding— 13 ‘‘(A) $12,500,000 if it is on a Federal 14 lands transportation facility or a Federal lands 15 access transportation facility; and 16 ‘‘(B) $5,000,000 if it is on a Tribal trans- 17 portation facility. 18 ‘‘(d) ELIGIBLE ACTIVITIES.—Grant amounts re- 19 ceived for a project under this section may be used for— 20 ‘‘(1) development phase activities, including 21 planning, feasibility analysis, revenue forecasting, 22 environmental review, preliminary engineering and 23 design work, and other preconstruction activities; 24 and 25 610 •HR 3684 EH ‘‘(2) construction, reconstruction, and rehabili- 1 tation activities. 2 ‘‘(e) APPLICATIONS.—Eligible applicants shall submit 3 to the Secretary an application at such time, in such form, 4 and containing such information as the Secretary may re- 5 quire. 6 ‘‘(f) PROJECT REQUIREMENTS.—The Secretary may 7 select a project to receive funds under the program only 8 if the Secretary determines that the project— 9 ‘‘(1) improves the condition of critical transpor- 10 tation facilities, including multimodal facilities; 11 ‘‘(2) cannot be easily and efficiently completed 12 with amounts made available under section 202, 13 203, or 204; and 14 ‘‘(3) is cost effective. 15 ‘‘(g) MERIT CRITERIA.—In making a grant under 16 this section, the Secretary shall consider whether the 17 project— 18 ‘‘(1) will generate state of good repair, resil- 19 ience, economic competitiveness, quality of life, mo- 20 bility, or safety benefits; 21 ‘‘(2) in the case of a project on a Federal lands 22 transportation facility or a Federal lands access 23 transportation facility, has costs matched by funds 24 611 •HR 3684 EH that are not provided under this section or this title; 1 and 2 ‘‘(3) generates benefits for land owned by mul- 3 tiple Federal land management agencies or Indian 4 Tribes, or which spans multiple States. 5 ‘‘(h) EVALUATION AND RATING.—To evaluate appli- 6 cations, the Secretary shall— 7 ‘‘(1) determine whether a project meets the re- 8 quirements under subsection (f); 9 ‘‘(2) evaluate, through a discernable and trans- 10 parent methodology, how each application addresses 11 one or more merit criteria established under sub- 12 section (g); 13 ‘‘(3) assign a rating for each merit criteria for 14 each application; and 15 ‘‘(4) consider applications only on the basis of 16 such quality ratings and which meet the minimally 17 acceptable level for each of the merit criteria. 18 ‘‘(i) COST SHARE.— 19 ‘‘(1) FEDERAL LANDS PROJECTS.— 20 ‘‘(A) IN GENERAL.—Notwithstanding sec- 21 tion 120, the Federal share of the cost of a 22 project on a Federal lands transportation facil- 23 ity or a Federal lands access transportation fa- 24 cility shall be up to 90 percent. 25 612 •HR 3684 EH ‘‘(B) NON-FEDERAL SHARE.—Notwith- 1 standing any other provision of law, any Fed- 2 eral funds may be used to pay the non-Federal 3 share of the cost of a project carried out under 4 this section. 5 ‘‘(2) TRIBAL PROJECTS.—The Federal share of 6 the cost of a project on a Tribal transportation facil- 7 ity shall be 100 percent. 8 ‘‘(j) USE OF FUNDS.—For each fiscal year, of the 9 amounts made available to carry out this section, not more 10 than 50 percent shall be used for eligible projects on Fed- 11 eral lands transportation facilities or Federal lands access 12 transportation facilities and Tribal transportation facili- 13 ties, respectively.’’. 14 (b) CLERICAL AMENDMENT.—The analysis for chap- 15 ter 2 of title 23, United States Code, is amended by insert- 16 ing after the item relating to section 207 the following 17 new item: 18 ‘‘208. Federal lands and Tribal major projects program.’’. (c) REPEAL.—Section 1123 of the FAST Act (23 19 U.S.C. 201 note), and the item related to such section in 20 the table of contents under section 1(b) of such Act, are 21 repealed. 22 SEC. 1506. OFFICE OF TRIBAL GOVERNMENT AFFAIRS. 23 Section 102 of title 49, United States Code, is 24 amended— 25 613 •HR 3684 EH (1) in subsection (e)(1)— 1 (A) by striking ‘‘6 Assistant’’ and inserting 2 ‘‘7 Assistant’’; 3 (B) in subparagraph (C) by striking ‘‘; 4 and’’ and inserting a semicolon; 5 (C) by redesignating subparagraph (D) as 6 subparagraph (E); and 7 (D) by inserting after subparagraph (C) 8 the following: 9 ‘‘(D) an Assistant Secretary for Tribal 10 Government Affairs, who shall be appointed by 11 the President; and’’; and 12 (2) in subsection (f)— 13 (A) in the heading by striking ‘‘DEPUTY 14 ASSISTANT SECRETARY FOR TRIBAL GOVERN- 15 MENT AFFAIRS’’ and inserting ‘‘OFFICE OF 16 TRIBAL GOVERNMENT AFFAIRS’’; and 17 (B) by striking paragraph (1) and insert- 18 ing the following: 19 ‘‘(1) ESTABLISHMENT.—There is established in 20 the Department an Office of Tribal Government Af- 21 fairs, under the Assistant Secretary for Tribal Gov- 22 ernment Affairs, to— 23 614 •HR 3684 EH ‘‘(A) oversee the Tribal transportation self- 1 governance program under section 207 of title 2 23; 3 ‘‘(B) plan, coordinate, and implement poli- 4 cies and programs serving Indian Tribes and 5 Tribal organizations; 6 ‘‘(C) coordinate Tribal transportation pro- 7 grams and activities in all offices and adminis- 8 trations of the Department; 9 ‘‘(D) provide technical assistance to Indian 10 Tribes and Tribal organizations; 11 ‘‘(E) be a participant in any negotiated 12 rulemakings relating to, or having an impact 13 on, projects, programs, or funding associated 14 with the tribal transportation program under 15 section 202 of title 23; and 16 ‘‘(F) ensure that Department programs 17 have in place, implement, and enforce require- 18 ments and obligations for regular and meaning- 19 ful consultation and collaboration with Tribes 20 and Tribal officials under Executive Order No. 21 13175 and to serve as the primary advisor to 22 the Secretary and other Department compo- 23 nents regarding violations of those require- 24 ments.’’. 25 615 •HR 3684 EH SEC. 1507. ALTERNATIVE CONTRACTING METHODS. 1 (a) LAND MANAGEMENT AGENCIES AND TRIBAL 2 GOVERNMENTS.—Section 201 of title 23, United States 3 Code, is amended by adding at the end the following: 4 ‘‘(f) ALTERNATIVE CONTRACTING METHODS.— 5 ‘‘(1) IN GENERAL.—Notwithstanding any other 6 provision of law, the Secretary may use a con- 7 tracting method available to a State under this title 8 on behalf of— 9 ‘‘(A) a Federal land management agency, 10 with respect to any funds available pursuant to 11 section 203 or 204; 12 ‘‘(B) a Federal land management agency, 13 with respect to any funds available pursuant to 14 section 1535 of title 31 for any eligible use de- 15 scribed in sections 203(a)(1) and 204(a)(1) of 16 this title; or 17 ‘‘(C) a Tribal Government, with respect to 18 any funds available pursuant to section 19 202(b)(7)(D). 20 ‘‘(2) METHODS DESCRIBED.—The contracting 21 methods referred to in paragraph (1) shall include, 22 at a minimum— 23 ‘‘(A) project bundling; 24 ‘‘(B) bridge bundling; 25 ‘‘(C) design-build contracting; 26 616 •HR 3684 EH ‘‘(D) 2-phase contracting; 1 ‘‘(E) long-term concession agreements; and 2 ‘‘(F) any method tested, or that could be 3 tested, under an experimental program relating 4 to contracting methods carried out by the Sec- 5 retary. 6 ‘‘(3) RULE OF CONSTRUCTION.—Nothing in 7 this subsection— 8 ‘‘(A) affects the application of the Federal 9 share for a project carried out with a con- 10 tracting method under this subsection; or 11 ‘‘(B) modifies the point of obligation of 12 Federal salaries and expenses.’’. 13 (b) USE OF ALTERNATIVE CONTRACTING METH- 14 OD.—In carrying out the amendments made by this sec- 15 tion, the Secretary shall— 16 (1) in consultation with the applicable Federal 17 land management agencies, establish procedures that 18 are— 19 (A) applicable to each alternative con- 20 tracting method; and 21 (B) to the maximum extent practicable, 22 consistent with requirements for Federal pro- 23 curement transactions; 24 617 •HR 3684 EH (2) solicit input on the use of each alternative 1 contracting method from any affected industry prior 2 to using such method; and 3 (3) analyze and prepare an evaluation of the 4 use of each alternative contracting method. 5 SEC. 1508. DIVESTITURE OF FEDERALLY OWNED BRIDGES. 6 (a) IN GENERAL.—The Commissioner of the Bureau 7 of Reclamation may transfer ownership of a bridge that 8 is owned by the Bureau of Reclamation if— 9 (1) the ownership of the bridge is transferred to 10 a State with the concurrence of such State; 11 (2) the State to which ownership is transferred 12 agrees to operate and maintain the bridge; 13 (3) the transfer of ownership complies with all 14 applicable Federal requirements, including— 15 (A) section 138 of title 23, United States 16 Code; 17 (B) section 306108 of title 54, United 18 States Code; and 19 (C) the National Environmental Policy Act 20 of 1969 (42 U.S.C. 4321 et seq.); and 21 (4) the Bureau of Reclamation and the State to 22 which ownership is being transferred jointly notify 23 the Secretary of Transportation of the intent to con- 24 duct a transfer prior to such transfer. 25 618 •HR 3684 EH (b) ACCESS.—In a transfer of ownership of a bridge 1 under this section, the Commissioner of the Bureau of 2 Reclamation— 3 (1) shall not be required to transfer ownership 4 of the land on which the bridge is located or any ad- 5 jacent lands; and 6 (2) shall make arrangements with the State to 7 which ownership is being transferred to allow for 8 adequate access to such bridge, including for the 9 purposes of construction, maintenance, and bridge 10 inspections pursuant to section 144 of title 23, 11 United States Code. 12 SEC. 1509. STUDY ON FEDERAL FUNDING AVAILABLE TO IN- 13 DIAN TRIBES. 14 Not later than January 31 of each year, the Sec- 15 retary of Transportation shall submit to the Committee 16 on Transportation and Infrastructure of the House of 17 Representatives and the Committee on Environment and 18 Public Works of the Senate a report that— 19 (1) identifies the number of Indian Tribes that 20 were direct recipients of funds under any discre- 21 tionary Federal highway, transit, or highway safety 22 program in the prior fiscal year; 23 (2) lists the total amount of such funds made 24 available directly to such Tribes; 25 619 •HR 3684 EH (3) identifies the number and location of Indian 1 Tribes that were indirect recipients of funds under 2 any formula-based Federal highway, transit, or high- 3 way safety program in the prior fiscal year; and 4 (4) lists the total amount of such funds made 5 available indirectly to such tribes through states or 6 other direct recipients of Federal highway, transit or 7 highway safety funding. 8 SEC. 1510. GAO STUDY. 9 (a) IN GENERAL.—The Comptroller General of the 10 United States shall conduct a study on the deferred main- 11 tenance of United States forest roads, including— 12 (1) the current backlog; 13 (2) the current actions on such maintenance 14 and backlog; 15 (3) the impacts of public safety due to such de- 16 ferred maintenance, including wildfire ignitions, sup- 17 pression, and evacuation routes; and 18 (4) recommendations for Congress on ways to 19 address such backlog. 20 (b) REPORT.—Not later than 1 year after the date 21 of enactment of this Act, the Comptroller General of the 22 United States shall submit to the Committee on Transpor- 23 tation and Infrastructure of the House of Representatives 24 and the Committee on Environment and Public Works of 25 620 •HR 3684 EH the Senate a report containing the results of the study 1 conducted under subsection (a). 2 SEC. 1511. FEDERAL LANDS ACCESS PROGRAM. 3 (a) IN GENERAL.—Section 204(a) of title 23, United 4 States Code, is amended— 5 (1) in paragraph (1)(A)— 6 (A) in the matter preceding clause (i), by 7 inserting ‘‘context-sensitive solutions,’’ after 8 ‘‘restoration,’’; 9 (B) in clause (i), by inserting ‘‘, including 10 interpretive panels in or adjacent to those 11 areas’’ after ‘‘areas’’; 12 (C) in clause (v), by striking ‘‘and’’ at the 13 end; 14 (D) by redesignating clause (vi) as clause 15 (ix); and 16 (E) by inserting after clause (v) the fol- 17 lowing: 18 ‘‘(vi) contextual wayfinding markers; 19 ‘‘(vii) landscaping; 20 ‘‘(viii) cooperative mitigation of visual 21 blight, including screening or removal; 22 and’’; and 23 (2) by adding at the end the following: 24 621 •HR 3684 EH ‘‘(6) NATIVE PLANT MATERIALS.—In carrying 1 out an activity described in paragraph (1), the Sec- 2 retary shall ensure that the entity carrying out the 3 activity considers— 4 ‘‘(A) the use of locally adapted native plant 5 materials; and 6 ‘‘(B) designs that minimize runoff and 7 heat generation.’’. 8 (b) FEDERAL SHARE.—Section 201(b)(7)(B) of title 9 23, United States Code, is amended by striking ‘‘deter- 10 mined in accordance with section 120’’, and inserting ‘‘up 11 to 100 percent’’. 12 Subtitle F—Additional Provisions 13 SEC. 1601. VISION ZERO. 14 (a) IN GENERAL.—A local government, metropolitan 15 planning organization, or regional transportation planning 16 organization may develop and implement a vision zero 17 plan to significantly reduce or eliminate transportation-re- 18 lated fatalities and serious injuries within a specified time- 19 frame, not to exceed 20 years. 20 (b) USE OF FUNDS.—Amounts apportioned to a 21 State under paragraph (2) or (3) of section 104(b) of title 22 23, United States Code, may be used— 23 622 •HR 3684 EH (1) to carry out vision zero planning under this 1 section or a vulnerable road user safety assessment; 2 and 3 (2) to implement an existing vision zero plan. 4 (c) CONTENTS OF PLAN.—A vision zero plan under 5 this section shall include— 6 (1) a description of programs, strategies, or 7 policies intended to significantly reduce or eliminate 8 transportation-related fatalities and serious injuries 9 within a specified timeframe, not to exceed 20 years, 10 that is consistent with a State strategic highway 11 safety plan and uses existing transportation data 12 and consideration of risk factors; 13 (2) plans for implementation of, education of 14 the public about, and enforcement of such programs, 15 strategies, or policies; 16 (3) a description of how such programs, strate- 17 gies, or policies, and the enforcement of such pro- 18 grams, strategies, or policies will— 19 (A) equitably invest in the safety needs of 20 low-income and minority communities; 21 (B) ensure that such communities are not 22 disproportionately targeted by law enforcement; 23 and 24 623 •HR 3684 EH (C) protect the rights of members of such 1 communities with respect to title VI of the Civil 2 Rights Act of 1964 (42 U.S.C. 2000d et seq.); 3 and 4 (4) a description of a mechanism to evaluate 5 progress of the development and implementation of 6 the plan, including the gathering and use of trans- 7 portation safety and demographic data. 8 (d) INCLUSIONS.—A vision zero plan may include a 9 complete streets prioritization plan that identifies a spe- 10 cific list of projects to— 11 (1) create a connected network of active trans- 12 portation facilities, including sidewalks, bikeways, or 13 pedestrian and bicycle trails, to connect communities 14 and provide safe, reliable, affordable, and convenient 15 access to employment, housing, and services, con- 16 sistent with the goals described in section 150(b) of 17 title 23, United States Code; 18 (2) integrate active transportation facilities with 19 public transportation service or improve access to 20 public transportation; and 21 (3) improve transportation options for low-in- 22 come and minority communities. 23 (e) COORDINATION.—A vision zero plan under this 24 section shall provide for coordination of various subdivi- 25 624 •HR 3684 EH sions of a unit of local government in the implementation 1 of the plan, including subdivisions responsible for law en- 2 forcement, public health, data collection, and public works. 3 (f) SAFETY PERFORMANCE MANAGEMENT.—A vision 4 zero plan under this section is not sufficient to dem- 5 onstrate compliance with the safety performance or plan- 6 ning requirements of section 148 or 150 of title 23, United 7 States Code. 8 (g) GUIDANCE ON SAFE SYSTEM APPROACH.—The 9 Secretary of Transportation shall develop guidance on the 10 consideration of a safe system approach in project plan- 11 ning, scoping, and design to facilitate the implementation 12 of vision zero plans under this section and vulnerable road 13 user assessments under section 148 of title 23, United 14 States Code. 15 (h) DEFINITIONS.—In this section, the terms ‘‘safe 16 system approach’’ and ‘‘vulnerable road user safety assess- 17 ment’’ have the meanings given such terms in section 148 18 of title 23, United States Code. 19 SEC. 1602. SPEED LIMITS. 20 (a) SPEED LIMITS.—The Secretary of Transpor- 21 tation shall revise the Manual on Uniform Traffic Control 22 Devices to provide for a safe system approach to setting 23 speed limits. 24 625 •HR 3684 EH (b) CONSIDERATIONS.—In carrying out subpara- 1 graph (A), the Secretary shall consider— 2 (1) crash statistics; 3 (2) road geometry characteristics; 4 (3) roadside characteristics; 5 (4) traffic volume; 6 (5) the possibility and likelihood of human 7 error; 8 (6) human injury tolerance; 9 (7) the results and recommendations of the Na- 10 tional Academies of Sciences, Engineering, and Med- 11 icine report entitled ‘‘Development of a Posted 12 Speed Limit Setting Procedure and Tool’’, issued 13 March 2021; 14 (8) the safety recommendations issued by the 15 National Transportation Safety Board on August 16 15, 2017, numbered H–17–27 and H–17–28; 17 (9) the prevalence of vulnerable road users; and 18 (10) any other consideration, consistent with a 19 safe system approach, as determined by the Sec- 20 retary. 21 (c) REPORT ON SPEED MANAGEMENT PROGRAM 22 PLAN.—Not later than 1 year after the date of enactment 23 of this Act, the Secretary shall update and report on the 24 implementation progress of the Speed Management Pro- 25 626 •HR 3684 EH gram Plan of the Department of Transportation, as de- 1 scribed in the safety recommendation issued by the Na- 2 tional Transportation Safety Board on August 15, 2017, 3 numbered H–17–018. 4 (d) STUDY ON SPEED LIMIT METHODOLOGIES.—Not 5 later than 2 years after the date of enactment of this Act, 6 the Secretary shall conduct a study of current speed limit 7 setting methodologies across the country and develop best- 8 practices for such methodologies, taking into consideration 9 context sensitive design principles (as such term is defined 10 in section 101 of title 23, United States Code). 11 (e) DEFINITIONS.—In this section, the terms ‘‘safe 12 system approach’’ and ‘‘vulnerable road user’’ have the 13 meanings given such terms in section 148(a) of title 23, 14 United States Code. 15 SEC. 1603. DIG ONCE FOR BROADBAND INFRASTRUCTURE 16 DEPLOYMENT. 17 (a) DEFINITIONS.—In this section: 18 (1) APPROPRIATE STATE AGENCY.—The term 19 ‘‘appropriate State agency’’ means a State govern- 20 mental agency that is recognized by the executive 21 branch of the State as having the experience nec- 22 essary to evaluate and facilitate the installation and 23 operation of broadband infrastructure within the 24 State. 25 627 •HR 3684 EH (2) BROADBAND.—The term ‘‘broadband’’ has 1 the meaning given the term ‘‘advanced telecommuni- 2 cations capability’’ in section 706 of the Tele- 3 communications Act of 1996 (47 U.S.C. 1302). 4 (3) BROADBAND CONDUIT.—The term 5 ‘‘broadband conduit’’ means a conduit or innerduct 6 for fiber optic cables (or successor technology of 7 greater quality and speed) that supports the provi- 8 sion of broadband. 9 (4) BROADBAND INFRASTRUCTURE.—The term 10 ‘‘broadband infrastructure’’ means any buried or un- 11 derground facility and any wireless or wireline con- 12 nection that enables the provision of broadband. 13 (5) BROADBAND PROVIDER.—The term 14 ‘‘broadband provider’’ means an entity that provides 15 broadband to any person, including, with respect to 16 such entity— 17 (A) a corporation, company, association, 18 firm, partnership, nonprofit organization, or 19 any other private entity; 20 (B) a State or local broadband provider; 21 (C) an Indian Tribe; and 22 (D) a partnership between any of the enti- 23 ties described in subparagraphs (A), (B), and 24 (C). 25 628 •HR 3684 EH (6) COVERED HIGHWAY CONSTRUCTION 1 PROJECT.— 2 (A) IN GENERAL.—The term ‘‘covered 3 highway construction project’’ means, without 4 regard to ownership of a highway, a project 5 funded under title 23, United States Code, and 6 administered by a State department of trans- 7 portation to construct a new highway or an ad- 8 ditional lane for an existing highway, to recon- 9 struct an existing highway, or new construction, 10 including construction of a paved shoulder. 11 (B) EXCLUSIONS.—The term ‘‘covered 12 highway construction project’’ excludes any 13 project— 14 (i) awarded before the date on which 15 regulations required under subsection (b) 16 take effect; 17 (ii) that does not include work beyond 18 the edge of pavement or current paved 19 shoulder; 20 (iii) that is less than a mile in length; 21 or 22 (iv) that is— 23 629 •HR 3684 EH (I) a project primarily for resur- 1 facing, restoration, rehabilitation, or 2 maintenance; 3 (II) a bicycle, pedestrian, trans- 4 portation alternatives, sidewalk, rec- 5 reational trails, or safe routes to 6 school project; 7 (III) an operational improvement 8 (as such term is defined in section 9 101 of title 23, United States Code); 10 (IV) a project primarily to install 11 signage; or 12 (V) a culvert project. 13 (7) DIG ONCE REQUIREMENT.—The term ‘‘dig 14 once requirement’’ means a requirement designed to 15 reduce the cost and accelerate the deployment of 16 broadband by minimizing the number and scale of 17 repeated excavations for the installation and mainte- 18 nance of broadband conduit or broadband infrastruc- 19 ture in rights-of-way. 20 (8) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 21 has the meaning given such term in section 4(e) of 22 the Indian Self-Determination and Education Assist- 23 ance Act (25 U.S.C. 5304(e)). 24 630 •HR 3684 EH (9) NTIA ADMINISTRATOR.—The term ‘‘NTIA 1 Administrator’’ means the Assistant Secretary of 2 Commerce for Communications and Information. 3 (10) PROJECT.—The term ‘‘project’’ has the 4 meaning given such term in section 101 of title 23, 5 United States Code. 6 (11) SECRETARY.—The term ‘‘Secretary’’ 7 means the Secretary of Transportation. 8 (12) STATE.—The term ‘‘State’’ has the mean- 9 ing given such term in section 401 of title 23, 10 United States Code. 11 (13) STATE OR LOCAL BROADBAND PRO- 12 VIDER.—The term ‘‘State or local broadband pro- 13 vider’’ means a State or political subdivision thereof, 14 or any agency, authority, or instrumentality of a 15 State or political subdivision thereof, that provides 16 broadband to any person or facilitates the provision 17 of broadband to any person in such State. 18 (b) DIG ONCE REQUIREMENT.—Not later than 12 19 months after the date of enactment of this Act, to facili- 20 tate the installation of broadband infrastructure, the Sec- 21 retary shall issue such regulations as may be necessary 22 to ensure that each State that receives funds under chap- 23 ter 1 of title 23, United States Code, complies with the 24 following provisions: 25 631 •HR 3684 EH (1) BROADBAND PLANNING AND NOTICE.—The 1 State department of transportation, in consultation 2 with appropriate State agencies, shall— 3 (A) review existing State broadband plans, 4 including existing dig once requirements of the 5 State, municipal governments incorporated 6 under State law, and Indian tribes within the 7 State, to determine opportunities to coordinate 8 covered highway construction projects occurring 9 within or across highway rights-of-way with 10 planned broadband infrastructure projects; 11 (B) identify a broadband coordinator, who 12 may have additional responsibilities in the State 13 department of transportation or in another 14 State agency, that is responsible for facilitating 15 the broadband infrastructure right-of-way ef- 16 forts within the State; and 17 (C) establish a process— 18 (i) for the registration of broadband 19 providers that seek to be included in the 20 advance notification of, and opportunity to 21 participate in, broadband infrastructure 22 right-of-way facilitation efforts within the 23 State; and 24 632 •HR 3684 EH (ii) to electronically notify all 1 broadband providers registered under 2 clause (i)— 3 (I) of the State transportation 4 improvement program on at least an 5 annual basis; and 6 (II) of covered highway construc- 7 tion projects within the highway right- 8 of-way for which Federal funding is 9 expected to be obligated in the subse- 10 quent fiscal year. 11 (2) COORDINATION AND COMPLIANCE.— 12 (A) MOBILE NOW ACT.—A State depart- 13 ment of transportation shall be considered to 14 meet the requirements of subparagraphs (B) 15 and (C) of paragraph (1) if such State depart- 16 ment of transportation has been determined to 17 be in compliance with the requirements estab- 18 lished under section 607 of division P of the 19 Consolidated Appropriations Act, 2018 (47 20 U.S.C. 1504). 21 (B) WEBSITE.—A State department of 22 transportation shall be considered to meet the 23 requirements of paragraph (1)(C) if the State 24 publishes on a public website— 25 633 •HR 3684 EH (i) the State transportation improve- 1 ment program on at least an annual basis; 2 and 3 (ii) covered highway construction 4 projects within the highway right-of-way 5 for which Federal funding is expected to be 6 obligated in the subsequent fiscal year. 7 (C) COORDINATION.—The State depart- 8 ment of transportation, in consultation with ap- 9 propriate State agencies, shall by rule or regu- 10 lation establish a process for a broadband pro- 11 vider to commit to installing broadband conduit 12 or broadband infrastructure as part of any cov- 13 ered highway construction project. 14 (D) APPROPRIATE STATE AGENCY.—In 15 lieu of the State department of transportation, 16 at the discretion of the State, an appropriate 17 State agency, in consultation with the State de- 18 partment of transportation, may carry out the 19 requirements of paragraph (1). 20 (3) REQUIRED INSTALLATION OF BROADBAND 21 CONDUIT.— 22 (A) IN GENERAL.—The State department 23 of transportation shall install broadband con- 24 duit, in accordance with this paragraph (except 25 634 •HR 3684 EH as described in subparagraph (F)), as part of 1 any covered highway construction project, un- 2 less a broadband provider has committed to in- 3 stall broadband conduit or broadband infra- 4 structure as part of such project in a process 5 described under paragraph (2)(C). 6 (B) INSTALLATION REQUIREMENTS.—In 7 installing broadband conduit or broadband in- 8 frastructure as part of a covered highway con- 9 struction project, the State department of 10 transportation shall ensure that— 11 (i) installation pursuant to this para- 12 graph of broadband conduit, broadband in- 13 frastructure, and means or points of access 14 to such conduit or infrastructure (such as 15 poles, hand holes, manholes, pull tape, or 16 ducts) shall provide for the current and fu- 17 ture safe operation of the traveled way, is 18 consistent with part 645 of title 23, Code 19 of Federal Regulations, and any accommo- 20 dation policies of the State under such 21 part to reasonably enable deployment of 22 such conduit, infrastructure, and means or 23 points of access, and any Damage Preven- 24 635 •HR 3684 EH tion and Underground Facilities Protection 1 or related requirements of the State; 2 (ii) an appropriate number of 3 broadband conduits, as determined in con- 4 sultation with the appropriate State agen- 5 cies, are installed along the right-of-way of 6 a covered highway construction project to 7 accommodate multiple broadband pro- 8 viders, with consideration given to the 9 availability of existing broadband conduits; 10 (iii) the size of each broadband con- 11 duit is consistent with industry best prac- 12 tices, consistent with the requirements of 13 part 645 of title 23, Code of Federal Regu- 14 lations, and sufficient to accommodate an- 15 ticipated demand, as determined in con- 16 sultation with the appropriate State agen- 17 cies; 18 (iv) any hand holes and manholes nec- 19 essary for fiber access and pulling with re- 20 spect to such conduit are placed at inter- 21 vals consistent with standards determined 22 in consultation with the appropriate State 23 agencies (which may differ by type of road, 24 topologies, and rurality) the requirements 25 636 •HR 3684 EH of part 645 of title 23, Code of Federal 1 Regulations, and other applicable safety re- 2 quirements; 3 (v) each broadband conduit installed 4 pursuant to this paragraph includes a pull 5 tape and is capable of supporting fiber 6 optic cable placement techniques consistent 7 with best practices and the requirements of 8 part 645 of title 23, Code of Federal Regu- 9 lations; 10 (vi) broadband conduit is placed at a 11 depth consistent with requirements of the 12 covered highway construction project and 13 best practices and that, in determining the 14 depth of placement, consideration is given 15 to the location of existing utilities and 16 cable separation requirements of State and 17 local electrical codes; and 18 (vii) installation of broadband conduit 19 shall not preclude the installation of other 20 specific socially, environmentally, or eco- 21 nomically beneficial uses of the right-of- 22 way, such as planned energy transmission 23 or renewable energy generation projects. 24 637 •HR 3684 EH (C) PROGRAMMATIC REVIEW.—The State 1 department of transportation may make deter- 2 minations on the implementation of the require- 3 ments described in subparagraph (B) on a pro- 4 grammatic basis. 5 (D) ACCESS.— 6 (i) IN GENERAL.—The State depart- 7 ment of transportation shall ensure that 8 any requesting broadband provider has ac- 9 cess to each broadband conduit installed by 10 the State pursuant to this paragraph, on a 11 competitively neutral and nondiscrim- 12 inatory basis and in accordance with State 13 permitting, licensing, leasing, or other 14 similar laws and regulations. 15 (ii) SOCIALLY BENEFICIAL USE.—The 16 installation of broadband conduit as part 17 of a covered highway construction project 18 shall be considered a socially-beneficial use 19 of the right-of-way under section 156(b) of 20 title 23, United States Code. 21 (iii) IN-KIND COMPENSATION.—The 22 State department of transportation may 23 negotiate in-kind compensation with any 24 broadband provider requesting access to 25 638 •HR 3684 EH broadband conduit installed under the pro- 1 visions of this paragraph. 2 (iv) SAFETY CONSIDERATIONS.—The 3 State department of transportation shall 4 provide for a process for a broadband pro- 5 vider to safely access to the highway right- 6 of-way during installation and on-going 7 maintenance of the broadband conduit and 8 broadband infrastructure, including a traf- 9 fic control safety plan. 10 (v) COMMUNICATION.—A broadband 11 provider with access to the conduit in- 12 stalled pursuant to this subsection shall 13 notify, and receive permission from, the 14 relevant agencies of State responsible for 15 the installation of such broadband conduit 16 prior to accessing any highway or highway 17 right-of-way, in accordance with applicable 18 Federal requirements. 19 (E) TREATMENT OF PROJECTS.—Notwith- 20 standing any other provision of law, broadband 21 conduit and broadband infrastructure installa- 22 tion projects installed by a State under this 23 paragraph shall comply with section 113(a) of 24 title 23, United States Code. 25 639 •HR 3684 EH (F) WAIVER AUTHORITY.— 1 (i) IN GENERAL.—A State department 2 of transportation may waive the required 3 installation of broadband conduit for part 4 or all of any covered highway construction 5 project under this paragraph if, in the de- 6 termination of the State department of 7 transportation— 8 (I) broadband infrastructure, ter- 9 restrial broadband infrastructure, aer- 10 ial broadband fiber cables, or 11 broadband conduit is present near a 12 majority of the length of the covered 13 highway construction project; 14 (II) installation of terrestrial or 15 aerial broadband fiber cables associ- 16 ated with the covered highway con- 17 struction project is more appropriate 18 for the context or a more cost-effec- 19 tive means to facilitate broadband 20 service to an area not adequately 21 served by broadband and such instal- 22 lation is present or planned; 23 (III) the installation of 24 broadband conduit increases overall 25 640 •HR 3684 EH costs of a covered highway construc- 1 tion project by 1.5 percent or greater; 2 (IV) the installation of 3 broadband conduit associated with the 4 covered highway construction project 5 is not reasonably expected to be uti- 6 lized or connected to future 7 broadband infrastructure in the 20 8 years following the date on which such 9 determination is made, as determined 10 by the State department of transpor- 11 tation, in consultation with appro- 12 priate State agencies and potentially 13 affected local governments and Indian 14 tribes; 15 (V) the requirements of this 16 paragraph would require installation 17 of conduit redundant with a dig once 18 requirement of a local government or 19 Indian tribe; 20 (VI) there exists a circumstance 21 involving force majeure; or 22 (VII) the installation of conduit 23 is not appropriate based on other rel- 24 evant factors established by the Sec- 25 641 •HR 3684 EH retary in consultation with the NTIA 1 Administrator through regulation. 2 (ii) CONTENTS OF WAIVER.—A waiver 3 authorized under this subparagraph 4 shall— 5 (I) identify the covered highway 6 construction project; and 7 (II) include a brief description of 8 the determination of the State for 9 issuing such waiver. 10 (iii) AVAILABILITY OF WAIVER.—Noti- 11 fication of a waiver authorized under this 12 subparagraph shall be made publicly avail- 13 able, such as on a public website of the 14 State department of transportation de- 15 scribed in paragraph (2)(B). 16 (iv) WAIVER DETERMINATION.— 17 (I) IN GENERAL.—The State de- 18 partment of transportation shall be 19 responsible for the waiver determina- 20 tion described under this paragraph, 21 consistent with the regulation issued 22 pursuant to this subsection, and may 23 grant a programmatic waiver for cat- 24 642 •HR 3684 EH egories of projects excluded under this 1 subparagraph. 2 (II) NO PRIVATE CAUSE OF AC- 3 TION.—The waiver determination de- 4 scribed under this paragraph shall be 5 final and conclusive. Nothing in this 6 section shall provide a private right or 7 cause of action to challenge such de- 8 termination in any court of law. 9 (4) PRIORITY.—If a State provides for the in- 10 stallation of broadband infrastructure or broadband 11 conduit in the right-of-way of a covered highway 12 construction project, the State department of trans- 13 portation, along with appropriate State agencies, 14 shall carry out appropriate measures to ensure that 15 an existing broadband provider is afforded access 16 that is non-discriminatory, competitively neutral, 17 and equal in opportunity, as compared to other 18 broadband providers, with respect to the program 19 under this subsection. 20 (c) GUIDANCE FOR THE INSTALLATION OF 21 BROADBAND CONDUIT.—The Secretary, in consultation 22 with the NTIA Administrator, shall issue guidance for 23 best practices related to the installation of broadband con- 24 duit as described in subsection (b)(2) and of conduit and 25 643 •HR 3684 EH similar infrastructure for intelligent transportation sys- 1 tems (as such term is defined in section 501 of title 23, 2 United States Code) that may utilize broadband conduit 3 installed pursuant to subsection (b)(2). 4 (d) CONSULTATION.— 5 (1) IN GENERAL.—In issuing regulations re- 6 quired by this subsection or to implement any part 7 of this section, the Secretary shall consult— 8 (A) the NTIA Administrator; 9 (B) the Federal Communications Commis- 10 sion; 11 (C) State departments of transportation; 12 (D) appropriate State agencies; 13 (E) agencies of local governments respon- 14 sible for transportation and rights-of-way, utili- 15 ties, and telecommunications and broadband; 16 (F) Indian tribes; 17 (G) broadband providers; and 18 (H) manufacturers of optical fiber, con- 19 duit, pull tape, and related items. 20 (2) BROADBAND USERS.—The Secretary shall 21 ensure that the entities consulted under subpara- 22 graphs (C) through (F) of paragraph (1) include en- 23 tities that have expertise with rural areas and popu- 24 644 •HR 3684 EH lations with limited access to broadband infrastruc- 1 ture. 2 (3) BROADBAND PROVIDERS.—The Secretary 3 shall ensure that the entities consulted under sub- 4 paragraph (G) of paragraph (1) include entities that 5 provide broadband to rural areas and populations 6 with limited access to broadband infrastructure. 7 (4) CONSULTING SMALL MUNICIPALITIES.—The 8 Secretary shall ensure that the agencies of local gov- 9 ernments consulted under subparagraph (E) of para- 10 graph (1) include rural areas, specifically agencies of 11 local governments with populations less than 50,000. 12 (e) OVERSIGHT.— 13 (1) IN GENERAL.—The Secretary shall periodi- 14 cally review compliance with the regulations issued 15 pursuant to this section and ensure that State waiv- 16 er determinations are consistent with such regula- 17 tions. 18 (2) EFFICIENT REVIEW.—The review described 19 under paragraph (1) may be carried out through the 20 risk-based stewardship and oversight program de- 21 scribed under section 106(g) of title 23, United 22 States Code. 23 (3) EFFECT OF SUBSECTION.—Nothing in this 24 subsection shall affect or discharge any oversight re- 25 645 •HR 3684 EH sponsibility of the Secretary specifically provided for 1 under title 23, United States Code, or any other 2 Federal law. 3 (f) ADDITIONAL PROVISIONS.— 4 (1) APPLICABILITY.— 5 (A) IN GENERAL.—The portion of the reg- 6 ulation issued pursuant to subsection (b) relat- 7 ing to the provisions under paragraph (3) of 8 such subsection shall not take effect until a 9 source of dedicated funding for the installation 10 and long term maintenance of broadband con- 11 duit described in subsection (g)(2) is estab- 12 lished. 13 (B) APPLICABILITY DATE.—Paragraphs 14 (2) through (4) of subsection (b) and subsection 15 (d) shall apply only to covered highway con- 16 struction projects for which Federal obligations 17 or expenditures are initially approved on or 18 after the date on which regulations required 19 under this subsection take effect. 20 (2) RULES OF CONSTRUCTION.— 21 (A) STATE LAW.—Nothing in this sub- 22 section shall be construed to require a State to 23 install or allow the installation of broadband 24 conduit or broadband infrastructure— 25 646 •HR 3684 EH (i) that is otherwise inconsistent with 1 what is allowable under State law; or 2 (ii) where the State lacks the author- 3 ity for such installation, such as any prop- 4 erty right or easement necessary for such 5 installation. 6 (B) NO REQUIREMENT FOR INSTALLATION 7 OF MOBILE SERVICES EQUIPMENT.—Nothing in 8 this section shall be construed to require a 9 State, a municipal government incorporated 10 under State law, or an Indian Tribe to install 11 or allow for the installation of equipment essen- 12 tial for the provision of commercial mobile serv- 13 ices (as defined in section 332(d) of the Com- 14 munications Act of 1934 (47 U.S.C. 332(d))) 15 or commercial mobile data service (as defined in 16 section 6001 of the Middle Class Tax Relief 17 and Job Creation Act of 2012 (47 U.S.C. 18 1401)), other than broadband conduit and asso- 19 ciated equipment described in paragraph 20 (3)(B). 21 (3) RELATION TO STATE DIG ONCE REQUIRE- 22 MENTS.—Nothing in subsections (b), (c), (d), or (e) 23 or any regulations issued pursuant to subsection (b) 24 shall be construed to alter or supersede any provi- 25 647 •HR 3684 EH sion of a State law or regulation that provides for 1 a dig once requirement that includes similar or more 2 stringent requirements to the provisions of sub- 3 sections (b), (c), (d), or (e) and any regulations pro- 4 mulgated under subsection (b). 5 (g) DIG ONCE FUNDING TASK FORCE.— 6 (1) ESTABLISHMENT.—The Secretary and the 7 NTIA Administrator shall jointly establish an inde- 8 pendent task force on funding the nationwide dig 9 once requirement described in this section to be 10 known as the ‘‘Dig Once Funding Task Force’’ 11 (hereinafter referred to as the ‘‘Task Force’’). 12 (2) DUTIES.—The duties of the Task Force 13 shall be to— 14 (A) estimate the annual cost for imple- 15 menting, administering, and maintaining a na- 16 tionwide dig once requirement; 17 (B) propose and evaluate options for fund- 18 ing a nationwide dig once requirement described 19 in this section that includes— 20 (i) a discussion of the role and poten- 21 tial share of costs of— 22 (I) the Federal Government; 23 (II) State and local governments 24 and Indian tribes; and 25 648 •HR 3684 EH (III) broadband providers install- 1 ing broadband conduit or broadband 2 infrastructure under this section; 3 (ii) consideration of the role of exist- 4 ing dig once requirements on States, local 5 governments, and Indian tribes and the 6 role of private broadband investment, with 7 a goal to not discourage or disincentivize 8 such dig once requirements or such invest- 9 ment; and 10 (iii) evaluating the appropriate entity 11 or entities responsible for maintaining the 12 broadband infrastructure and conduit in- 13 stalled pursuant to a dig once requirement; 14 and 15 (C) propose a cost-based model fee sched- 16 ule for a State to charge a broadband provider 17 to access and use conduit installed by such 18 State pursuant to this section that— 19 (i) shall consider costs (including ad- 20 ministrative costs) associated with installa- 21 tion and long-term maintenance of the 22 broadband conduit installed pursuant to 23 this section; 24 649 •HR 3684 EH (ii) may vary by topography, location, 1 type of road, rurality, and other factors; 2 and 3 (iii) may consider financial and mar- 4 ket incentives for expanding broadband in- 5 frastructure. 6 (3) REPORTS.— 7 (A) INTERIM REPORT AND BRIEFING.— 8 Not later than 9 months after the appointment 9 of Members to the Task Force under paragraph 10 (4)(D), the Task Force shall— 11 (i) submit to Congress an interim re- 12 port on the findings of the Task Force; 13 and 14 (ii) provide briefings for Congress on 15 the findings of the Task Force. 16 (B) FINAL REPORT.—Not later than 3 17 months after the submission of the interim re- 18 port under subparagraph (A), the Task Force 19 shall submit to Congress a final report on the 20 findings of the Task Force. 21 (4) MEMBERS.— 22 (A) APPOINTMENTS.—The Task Force 23 shall consist of 14 members, comprising— 24 650 •HR 3684 EH (i) 2 co-chairs described in subpara- 1 graph (B); 2 (ii) 6 members jointly appointed by 3 the Speaker and minority leader of the 4 House of Representatives, in consultation 5 with the respective Chairs and Ranking 6 Members of— 7 (I) the Committee on Transpor- 8 tation and Infrastructure of the 9 House of Representatives; 10 (II) the Committee on Energy 11 and Commerce of the House of Rep- 12 resentatives; and 13 (III) the Committee on Appro- 14 priations of the House of Representa- 15 tives; and 16 (iii) 6 members jointly appointed by 17 the majority leader and minority leader of 18 the Senate, in consultation with the respec- 19 tive Chairs and Ranking Members of the— 20 (I) the Committee on Environ- 21 ment and Public Works of the Senate; 22 (II) the Committee on Com- 23 merce, Science, and Transportation of 24 the Senate; and 25 651 •HR 3684 EH (III) the Committee on Appro- 1 priations of the Senate. 2 (B) CO-CHAIRS.—The Task Force shall be 3 co-chaired by the Secretary and the NTIA Ad- 4 ministrator, or the designees of the Secretary 5 and NTIA Administrator. 6 (C) COMPOSITION.—The Task Force shall 7 include at least— 8 (i) 1 representative from a State de- 9 partment of transportation; 10 (ii) 1 representative from a local gov- 11 ernment; 12 (iii) 1 representative from an Indian 13 tribe; 14 (iv) 1 representative from a 15 broadband provider; 16 (v) 1 representative from a State or 17 local broadband provider; 18 (vi) 1 representative from a labor 19 union; and 20 (vii) 1 representative from a public in- 21 terest organization. 22 (D) APPOINTMENT DEADLINE.—Members 23 shall be appointed to the Task Force not later 24 652 •HR 3684 EH than 60 days after the date of enactment of 1 this Act. 2 (E) TERMS.—Members shall be appointed 3 for the life of the Task Force. A vacancy in the 4 Task Force shall not affect the powers of the 5 Task Force and the vacancy shall be filled in 6 the same manner as the initial appointment was 7 made. 8 (5) CONSULTATIONS.—In carrying out the du- 9 ties required under this subsection, the Task Force 10 shall consult, at a minimum— 11 (A) the Federal Communications Commis- 12 sion; 13 (B) agencies of States including— 14 (i) State departments of transpor- 15 tation; and 16 (ii) appropriate State agencies; 17 (C) agencies of local governments respon- 18 sible for transportation and rights-of-way, utili- 19 ties, and telecommunications and broadband; 20 (D) Indian tribes; 21 (E) broadband providers and other tele- 22 communications providers; 23 (F) labor unions; and 24 653 •HR 3684 EH (G) State or local broadband providers and 1 Indian tribes that act as broadband providers. 2 (6) ADDITIONAL PROVISIONS.— 3 (A) EXPENSES FOR NON-FEDERAL MEM- 4 BERS.—Non-Federal members of the Task 5 Force shall be allowed travel expenses, includ- 6 ing per diem in lieu of subsistence, at rates au- 7 thorized for employees under subchapter I of 8 chapter 57 of title 5, United States Code, while 9 away from the homes or regular places of busi- 10 ness of such members in the performance of 11 services for the Task Force. 12 (B) STAFF.—Staff of the Task Force shall 13 comprise detailees with relevant expertise from 14 the Department of Transportation and the Na- 15 tional Telecommunications and Information Ad- 16 ministration, or another Federal agency that 17 the co-chairpersons consider appropriate, with 18 the consent of the head of the Federal agency, 19 and such detailees shall retain the rights, sta- 20 tus, and privileges of the regular employment of 21 such detailees without interruption. 22 (C) ADMINISTRATIVE ASSISTANCE.—The 23 Secretary and NTIA Administrator shall pro- 24 vide to the Task Force on a reimbursable basis 25 654 •HR 3684 EH administrative support and other services for 1 the performance of the functions of the Task 2 Force. 3 (7) TERMINATION.—The Task Force shall ter- 4 minate not later than 90 days after submission of 5 the final report required under paragraph (3)(B). 6 SEC. 1604. STORMWATER BEST MANAGEMENT PRACTICES. 7 (a) STUDY.— 8 (1) IN GENERAL.—Not later than 180 days 9 after the date of enactment of this Act, the Sec- 10 retary of Transportation and the Administrator shall 11 seek to enter into an agreement with the Transpor- 12 tation Research Board of the National Academy of 13 Sciences to under which the Transportation Re- 14 search Board shall conduct a study— 15 (A) to estimate pollutant loads from 16 stormwater runoff from highways and pedes- 17 trian facilities eligible for assistance under title 18 23, United States Code, to inform the develop- 19 ment of appropriate total maximum daily load 20 requirements; 21 (B) to provide recommendations (including 22 recommended revisions to existing laws and reg- 23 ulations) regarding the evaluation and selection 24 by State departments of transportation of po- 25 655 •HR 3684 EH tential stormwater management and total max- 1 imum daily load compliance strategies within a 2 watershed, including environmental restoration 3 and pollution abatement carried out under sec- 4 tion 328 of title 23, United States Code; 5 (C) to examine the potential for the Sec- 6 retary to assist State departments of transpor- 7 tation in carrying out and communicating 8 stormwater management practices for highways 9 and pedestrian facilities that are eligible for as- 10 sistance under title 23, United States Code, 11 through information-sharing agreements, data- 12 base assistance, or an administrative platform 13 to provide the information described in sub- 14 paragraphs (A) and (B) to entities issued per- 15 mits under the Federal Water Pollution Control 16 Act (33 U.S.C. 1251 et seq.); and 17 (D) to examine the benefit of concen- 18 trating stormwater retrofits in impaired water- 19 sheds and selecting such retrofits according to 20 a process that depends on a watershed manage- 21 ment plan developed in accordance with section 22 319 of the Federal Water Pollution Control Act 23 (33 U.S.C. 1329). 24 656 •HR 3684 EH (2) REQUIREMENTS.—In conducting the study 1 under the agreement entered into pursuant to para- 2 graph (1), the Transportation Research Board 3 shall— 4 (A) review and supplement, as appropriate, 5 the methodologies examined and recommended 6 in the 2019 report of the National Academies 7 of Sciences, Engineering, and Medicine titled 8 ‘‘Approaches for Determining and Complying 9 with TMDL Requirements Related to Roadway 10 Stormwater Runoff’’; 11 (B) consult with— 12 (i) the Secretary of Transportation; 13 (ii) the Secretary of Agriculture; 14 (iii) the Administrator; 15 (iv) the Secretary of the Army, acting 16 through the Chief of Engineers; and 17 (v) State departments of Transpor- 18 tation; and 19 (C) solicit input from— 20 (i) stakeholders with experience in im- 21 plementing stormwater management prac- 22 tices for projects; and 23 (ii) educational and technical 24 stormwater management groups. 25 657 •HR 3684 EH (3) REPORT.—In carrying out the agreement 1 entered into pursuant to paragraph (1), not later 2 than 18 months after the date of enactment of this 3 Act, the Transportation Research Board shall sub- 4 mit to the Secretary of Transportation, the Adminis- 5 trator, the Committee on Transportation and Infra- 6 structure of the House of Representatives, and the 7 Committee on Environment and Public Works of the 8 Senate a report describing the results of the study. 9 (b) STORMWATER BEST MANAGEMENT PRACTICES 10 REPORTS.— 11 (1) REISSUANCE.—Not later than 180 days 12 after the date of enactment of this Act, the Adminis- 13 trator shall update and reissue the best management 14 practices reports to reflect new information and ad- 15 vancements in stormwater management. 16 (2) UPDATES.—Not less frequently than once 17 every 5 years after the date on which the Secretary 18 reissues the best management practices reports 19 under paragraph (1), the Secretary shall update and 20 reissue the best management practices reports, un- 21 less the contents of the best management practices 22 reports have been incorporated (including by ref- 23 erence) into applicable regulations of the Secretary. 24 (c) DEFINITIONS.—In this section: 25 658 •HR 3684 EH (1) ADMINISTRATOR.—The term ‘‘Adminis- 1 trator’’ means the Administrator of the Environ- 2 mental Protection Agency. 3 (2) BEST MANAGEMENT PRACTICES RE- 4 PORTS.—The term ‘‘best management practices re- 5 ports’’ means— 6 (A) the 2014 report sponsored by the De- 7 partment of Transportation titled ‘‘Determining 8 the State of the Practice in Data Collection and 9 Performance Measurement of Stormwater Best 10 Management Practices’’ (FHWA–HEP–16– 11 021); and 12 (B) the 2000 report sponsored by the De- 13 partment of Transportation titled ‘‘Stormwater 14 Best Management Practices in an Ultra-Urban 15 Setting: Selection and Monitoring’’. 16 (3) TOTAL MAXIMUM DAILY LOAD.—The term 17 ‘‘total maximum daily load’’ has the meaning given 18 such term in section 130.2 of title 40, Code of Fed- 19 eral Regulations (or successor regulations). 20 SEC. 1605. PEDESTRIAN FACILITIES IN THE PUBLIC RIGHT- 21 OF-WAY. 22 (a) IN GENERAL.—Not later than 180 days after the 23 date of enactment of this Act, the Architectural and 24 Transportation Barriers Compliance Board under the au- 25 659 •HR 3684 EH thority of section 502(b)(3) of the Rehabilitation Act of 1 1973 (29 U.S.C. 792(b)(3)), shall publish final accessi- 2 bility guidelines setting forth minimum standards for pe- 3 destrian facilities in the public right-of-way, including 4 shared use paths. 5 (b) ADOPTION OF REGULATIONS.—Not later than 6 180 days after the establishment of the guidelines pursu- 7 ant to subsection (a), the Secretary and Attorney General 8 shall issue such regulations as are necessary to adopt such 9 guidelines. 10 SEC. 1606. HIGHWAY FORMULA MODERNIZATION REPORT. 11 (a) HIGHWAY FORMULA MODERNIZATION STUDY.— 12 (1) IN GENERAL.—The Secretary of Transpor- 13 tation, in consultation with the State departments of 14 transportation and representatives of local govern- 15 ments (including metropolitan planning organiza- 16 tions), shall conduct a highway formula moderniza- 17 tion study to assess the method and data used to ap- 18 portion Federal-aid highway funds under subsections 19 (b) and (c) of section 104 of title 23, United States 20 Code, and issue recommendations on such method 21 and data. 22 (2) ASSESSMENT.—The highway formula mod- 23 ernization study required under paragraph (1) shall 24 include an assessment of, based on the latest avail- 25 660 •HR 3684 EH able data, whether the apportionment method under 1 such section results in— 2 (A) an equitable distribution of funds 3 based on the estimated tax payments attrib- 4 utable to— 5 (i) highway users in the State that are 6 paid into the Highway Trust Fund; and 7 (ii) individuals in the State that are 8 paid to the Treasury, based on contribu- 9 tions to the Highway Trust Fund from the 10 general fund of the Treasury; and 11 (B) the achievement of the goals described 12 in section 101(b)(3) of title 23, United States 13 Code. 14 (3) CONSIDERATIONS.—In carrying out the as- 15 sessment under paragraph (2), the Secretary shall 16 consider the following: 17 (A) The factors described in sections 18 104(b), 104(f)(2), 104(h)(2), 130(f), and 19 144(e) of title 23, United States Code, as in ef- 20 fect on the date of enactment of SAFETEA– 21 LU (Public Law 109–59). 22 (B) The availability and accuracy of data 23 necessary to calculate formula apportionments 24 661 •HR 3684 EH under the factors described in subparagraph 1 (A). 2 (C) The measures established under sec- 3 tion 150 of title 23, United States Code, and 4 whether such measures are appropriate for con- 5 sideration as formula apportionment factors. 6 (D) The results of the CMAQ formula 7 modernization study required under subsection 8 (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 17 of Federal-aid highway funds that should be 18 made available to the territories described 19 under section 165(c) of such title and a review 20 of the current administrative distribution of 21 such funds among the territories. 22 (G) Any other factors that the Secretary 23 determines are appropriate. 24 662 •HR 3684 EH (4) RECOMMENDATIONS.—The Secretary shall, 1 in consultation with the State departments of trans- 2 portation and representatives of local governments 3 (including metropolitan planning organizations), de- 4 velop recommendations on a new apportionment 5 method, including— 6 (A) the factors recommended to be in- 7 cluded in such apportionment method; 8 (B) the weighting recommended to be ap- 9 plied to the factors under subparagraph (A); 10 and 11 (C) any other recommendations to ensure 12 that the apportionment method best achieves an 13 equitable distribution of funds described under 14 paragraph (2)(A) and the goals described in 15 paragraph (2)(B). 16 (5) TERRITORIAL ALLOCATIONS.—The Sec- 17 retary shall, in consultation with the territories de- 18 scribed under section 165(c) of title 23, United 19 States Code, develop recommendations on the total 20 annual allocation to such territories and a data driv- 21 en, equitable allocation of funding among such terri- 22 tories. 23 (b) CMAQ FORMULA MODERNIZATION STUDY.— 24 663 •HR 3684 EH (1) IN GENERAL.—Not later than 1 year after 1 the date of enactment of this Act, the Secretary of 2 Transportation, in consultation with the Adminis- 3 trator of the Environmental Protection Agency, shall 4 conduct an CMAQ formula modernization study to 5 assess whether the apportionment method under sec- 6 tion 104(b)(4) of title 23, United States Code, re- 7 sults in a distribution of funds that best achieves the 8 air quality goals of section 149 of such title. 9 (2) CONSIDERATIONS.—In providing consulta- 10 tion under this subsection, the Administrator of the 11 Environmental Protection Agency shall provide to 12 the Secretary an analysis of— 13 (A) factors that contribute to the appor- 14 tionment, including population, types of pollut- 15 ants, and severity of pollutants, as such factors 16 were determined on the date prior to the date 17 of enactment of MAP–21; 18 (B) the weighting of the factors listed 19 under subparagraph (A); and 20 (C) the recency of the data used in making 21 the apportionment under section 104(b)(4) of 22 title 23, United States Code. 23 (3) RECOMMENDATIONS.—If, in conducting the 24 study under this subsection, the Secretary finds that 25 664 •HR 3684 EH modifying the apportionment method under section 1 104(b)(4) of title 23, United States Code, would 2 best achieve the air quality goals of section 149 of 3 title 23, United States Code, the Secretary shall, in 4 consultation with the Administrator, include in such 5 study recommendations for a new apportionment 6 method, including— 7 (A) the factors recommended to be in- 8 cluded in such apportionment method; 9 (B) the weighting recommended to be ap- 10 plied to the factors under subparagraph (A); 11 and 12 (C) any other recommendations to ensure 13 that the apportionment method best achieves 14 the air quality goals section 149 of such title. 15 (c) REPORT.—No later than 2 years after the date 16 of enactment of this Act, the Secretary shall submit to 17 the Committee on Transportation and Infrastructure of 18 the House of Representatives and the Committee on Envi- 19 ronment and Public Works of the Senate a report con- 20 taining the results of the highway formula modernization 21 study and the CMAQ formula modernization study. 22 SEC. 1607. CONSOLIDATION OF PROGRAMS. 23 Section 1519 of MAP–21 (Public Law 112–141) is 24 amended— 25 665 •HR 3684 EH (1) in subsection (a)— 1 (A) by striking ‘‘fiscal years 2016 through 2 2020’’ and inserting ‘‘fiscal years 2023 through 3 2026’’; and 4 (B) by striking ‘‘$3,500,000’’ and insert- 5 ing ‘‘$4,000,000’’; 6 (2) by redesignating subsections (b) and (c) as 7 subsections (c) and (d), respectively; and 8 (3) by inserting after subsection (a) the fol- 9 lowing: 10 ‘‘(b) FEDERAL SHARE.—The Federal share of the 11 cost of a project or activity carried out under subsection 12 (a) shall be 100 percent.’’. 13 SEC. 1608. STUDENT OUTREACH REPORT TO CONGRESS. 14 (a) REPORT.—Not later than 180 days after the date 15 of enactment of this Act, the Secretary of Transportation 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 a report that describes the efforts of the Department of 20 Transportation to encourage elementary, secondary, and 21 post-secondary students to pursue careers in the surface 22 transportation sector. 23 (b) CONTENTS.—The report required under sub- 24 section (a) shall include— 25 666 •HR 3684 EH (1) a description of efforts to increase aware- 1 ness of careers related to surface transportation 2 among elementary, secondary, and post-secondary 3 students; 4 (2) a description of efforts to prepare and in- 5 spire such students for surface transportation ca- 6 reers; 7 (3) a description of efforts to support the devel- 8 opment of a diverse, well-qualified workforce for fu- 9 ture surface transportation needs; and 10 (4) the effectiveness of the efforts described in 11 paragraphs (1) through (3). 12 SEC. 1609. TASK FORCE ON DEVELOPING A 21ST CENTURY 13 SURFACE TRANSPORTATION WORKFORCE. 14 (a) IN GENERAL.—Not later than 90 days after the 15 date of enactment of this Act, the Secretary of Transpor- 16 tation shall establish a task force on developing a 21st 17 century surface transportation workforce (in this section 18 referred to as the ‘‘Task Force’’). 19 (b) DUTIES.—Not later than 12 months after the es- 20 tablishment of the Task Force under subsection (a), the 21 Task Force shall develop and submit to the Secretary rec- 22 ommendations and strategies for the Department of 23 Transportation to— 24 667 •HR 3684 EH (1) evaluate the current and future state of the 1 surface transportation workforce, including projected 2 job needs in the surface transportation sector; 3 (2) identify factors influencing individuals pur- 4 suing careers in surface transportation, including 5 barriers to attracting individuals into the workforce; 6 (3) address barriers to retaining individuals in 7 surface transportation careers; 8 (4) identify and address potential impacts of 9 emerging technologies on the surface transportation 10 workforce; 11 (5) increase access for vulnerable or underrep- 12 resented populations, especially women and minori- 13 ties, to high-skill, in-demand surface transportation 14 careers; 15 (6) facilitate and encourage elementary, sec- 16 ondary, and post-secondary students in the United 17 States to pursue careers in the surface transpor- 18 tation sector; and 19 (7) identify and develop pathways for students 20 and individuals to secure pre-apprenticeships, reg- 21 istered apprenticeships, and other work-based learn- 22 ing opportunities in the surface transportation sector 23 of the United States. 24 668 •HR 3684 EH (c) CONSIDERATIONS.—In developing recommenda- 1 tions and strategies under subsection (b), the Task Force 2 shall— 3 (1) identify factors that influence whether 4 young people pursue careers in surface transpor- 5 tation, especially traditionally underrepresented pop- 6 ulations, including women and minorities; 7 (2) consider how the Department, businesses, 8 industry, labor, educators, and other stakeholders 9 can coordinate efforts to support qualified individ- 10 uals in pursuing careers in the surface transpor- 11 tation sector; 12 (3) identify methods of enhancing surface 13 transportation pre-apprenticeships and registered 14 apprenticeships, job skills training, mentorship, edu- 15 cation, and outreach programs that are exclusive to 16 youth in the United States; and 17 (4) identify potential sources of funding, includ- 18 ing grants and scholarships, that may be used to 19 support youth and other qualified individuals in pur- 20 suing careers in the surface transportation sector. 21 (d) CONSULTATION.—In developing the recommenda- 22 tions and strategies required under subsection (b), the 23 Task Force may consult with— 24 669 •HR 3684 EH (1) local educational agencies and institutes of 1 higher education, including community colleges and 2 vocational schools; and 3 (2) State workforce development boards. 4 (e) REPORT.—Not later than 60 days after the sub- 5 mission of the recommendations and strategies under sub- 6 section (b), the Secretary shall submit to the Committee 7 on Transportation and Infrastructure of the House of 8 Representatives and the Committee on Environment and 9 Public Works of the Senate a report containing such rec- 10 ommendations and strategies. 11 (f) COMPOSITION OF TASK FORCE.—The Secretary 12 shall appoint members to the Task Force whose diverse 13 background and expertise allow such members to con- 14 tribute balanced points of view and ideas in carrying out 15 this section, comprised of equal representation from each 16 of the following: 17 (1) Industries in the surface transportation sec- 18 tor. 19 (2) Surface transportation sector labor organi- 20 zations. 21 (3) Such other surface transportation stake- 22 holders and experts as the Secretary considers ap- 23 propriate. 24 670 •HR 3684 EH (g) PERIOD OF APPOINTMENT.—Members shall be 1 appointed to the Task Force for the duration of the exist- 2 ence of the Task Force. 3 (h) COMPENSATION.—Task Force members shall 4 serve without compensation. 5 (i) SUNSET.—The Task Force shall terminate upon 6 the submission of the report required under subsection (e). 7 (j) DEFINITIONS.—In this section: 8 (1) PRE-APPRENTICESHIP.—The term ‘‘pre-ap- 9 prenticeship’’ means a training model or program 10 that prepares individuals for acceptance into a reg- 11 istered apprenticeship and has a demonstrated part- 12 nership with one or more registered apprenticeships. 13 (2) REGISTERED APPRENTICESHIP.—The term 14 ‘‘registered apprenticeship’’ means an apprenticeship 15 program registered under the Act of August 16, 16 1937 (29 U.S.C. 50 et seq.; commonly known as the 17 ‘‘National Apprenticeship Act’’), that satisfies the 18 requirements of parts 29 and 30 of title 29, Code 19 of Federal Regulations (as in effect on January 1, 20 2020). 21 SEC. 1610. ON-THE-JOB TRAINING AND SUPPORTIVE SERV- 22 ICES. 23 Section 140(b) of title 23, United States Code, is 24 amended to read as follows: 25 671 •HR 3684 EH ‘‘(b) WORKFORCE TRAINING AND DEVELOPMENT.— 1 ‘‘(1) IN GENERAL.—The Secretary, in coopera- 2 tion with the Secretary of Labor and any other de- 3 partment or agency of the Government, State agen- 4 cy, authority, association, institution, Indian Tribe 5 or Tribal organization, corporation (profit or non- 6 profit), or any other organization or person, is au- 7 thorized to develop, conduct, and administer surface 8 transportation and technology training, including 9 skill improvement programs, and to develop and 10 fund summer transportation institutes. 11 ‘‘(2) STATE RESPONSIBILITIES.—A State de- 12 partment of transportation participating in the pro- 13 gram under this subsection shall— 14 ‘‘(A) develop an annual workforce plan 15 that identifies immediate and anticipated work- 16 force gaps and underrepresentation of women 17 and minorities and a detailed plan to fill such 18 gaps and address such underrepresentation; 19 ‘‘(B) establish an annual workforce devel- 20 opment compact with the State workforce devel- 21 opment board and appropriate agencies to pro- 22 vide a coordinated approach to workforce train- 23 ing, job placement, and identification of train- 24 ing and skill development program needs, which 25 672 •HR 3684 EH shall be coordinated to the extent practical with 1 an institution or agency, such as a State work- 2 force development board under section 101 of 3 the Workforce Innovation and Opportunities 4 Act (29 U.S.C. 3111), that has established 5 skills training, recruitment, and placement re- 6 sources; and 7 ‘‘(C) demonstrate program outcomes, in- 8 cluding— 9 ‘‘(i) impact on areas with transpor- 10 tation workforce shortages; 11 ‘‘(ii) diversity of training participants; 12 ‘‘(iii) number and percentage of par- 13 ticipants obtaining certifications or creden- 14 tials required for specific types of employ- 15 ment; 16 ‘‘(iv) employment outcome, including 17 job placement and job retention rates and 18 earnings, using performance metrics estab- 19 lished in consultation with the Secretary of 20 Labor and consistent with metrics used by 21 programs under the Workforce Innovation 22 and Opportunity Act (29 U.S.C. 3101 et 23 seq.); and 24 673 •HR 3684 EH ‘‘(v) to the extent practical, evidence 1 that the program did not preclude workers 2 that participate in training or registered 3 apprenticeship activities under the pro- 4 gram from being referred to, or hired on, 5 projects funded under this chapter. 6 ‘‘(3) FUNDING.—From administrative funds 7 made available under section 104(a), the Secretary 8 shall deduct such sums as necessary, not to exceed 9 $10,000,000 in each fiscal year, for the administra- 10 tion of this subsection. Such sums shall remain 11 available until expended. 12 ‘‘(4) NONAPPLICABILITY OF TITLE 41.—Sub- 13 sections (b) through (d) of section 6101 of title 41 14 shall not apply to contracts and agreements made 15 under the authority granted to the Secretary under 16 this subsection. 17 ‘‘(5) USE OF SURFACE TRANSPORTATION PRO- 18 GRAM AND NATIONAL HIGHWAY PERFORMANCE PRO- 19 GRAM FUNDS.—Notwithstanding any other provision 20 of law, not to exceed 1⁄2 of 1 percent of funds appor- 21 tioned to a State under paragraph (1) or (2) of sec- 22 tion 104(b) may be available to carry out this sub- 23 section upon request of the State transportation de- 24 partment to the Secretary.’’. 25 674 •HR 3684 EH SEC. 1611. APPALACHIAN DEVELOPMENT HIGHWAY SYS- 1 TEM FUNDING FLEXIBILITY. 2 (a) IN GENERAL.—Any funds made available to a 3 State for the Appalachian development highway system 4 program under subtitle IV of title 40, United States Code, 5 before the date of enactment of this Act may be used, at 6 the request of such State to the Secretary of Transpor- 7 tation, for the purposes described in section 133(b) of title 8 23, United States Code. 9 (b) LIMITATION.—The authority in subsection (a) 10 may only be used by an Appalachian development highway 11 system State if all of the Appalachian development high- 12 way system corridors authorized by subtitle IV of title 40, 13 United States Code, in such State, have been fully com- 14 pleted and are open to traffic prior to the State making 15 a request to the Secretary as described in subsection (a). 16 SEC. 1612. TRANSPORTATION EDUCATION DEVELOPMENT 17 PROGRAM. 18 Section 504 of title 23, United States Code, is 19 amended— 20 (1) in subsection (e)(1) by inserting ‘‘and (8) 21 through (9)’’ after ‘‘paragraphs (1) through (4)’’; 22 and 23 (2) in subsection (f) by adding at the end the 24 following: 25 675 •HR 3684 EH ‘‘(4) REPORTS.—The Secretary shall submit to 1 the Committee on Transportation and Infrastructure 2 of the House of Representatives and the Committee 3 on Commerce, Science, and Transportation of the 4 Senate an annual report that includes— 5 ‘‘(A) a list of all grant recipients under 6 this subsection; 7 ‘‘(B) an explanation of why each recipient 8 was chosen in accordance with the criteria 9 under paragraph (2); 10 ‘‘(C) a summary of each recipient’s objec- 11 tive to carry out the purpose described in para- 12 graph (1) and an analysis of progress made to- 13 ward achieving each such objective; 14 ‘‘(D) an accounting for the use of Federal 15 funds obligated or expended in carrying out this 16 subsection; and 17 ‘‘(E) an analysis of outcomes of the pro- 18 gram under this subsection.’’. 19 SEC. 1613. WORKING GROUP ON CONSTRUCTION RE- 20 SOURCES. 21 (a) ESTABLISHMENT.—Not later than 120 days after 22 the date of enactment of this Act, the Secretary of Trans- 23 portation shall establish a working group (in this section 24 676 •HR 3684 EH referred to as the ‘‘Working Group’’) to conduct a study 1 on access to covered resources for infrastructure projects. 2 (b) MEMBERSHIP.— 3 (1) APPOINTMENT.—The Secretary shall ap- 4 point to the Working Group individuals with knowl- 5 edge and expertise in the production and transpor- 6 tation of covered resources. 7 (2) REPRESENTATION.—The Working Group 8 shall include at least one representative of each of 9 the following: 10 (A) State departments of transportation. 11 (B) State agencies associated with covered 12 resources protection. 13 (C) State planning and geologic survey and 14 mapping agencies. 15 (D) Commercial motor vehicle operators, 16 including small business operators and opera- 17 tors who transport covered resources. 18 (E) Covered resources producers. 19 (F) Construction contractors. 20 (G) Labor organizations. 21 (H) Metropolitan planning organizations 22 and regional planning organizations. 23 (I) Indian Tribes. 24 677 •HR 3684 EH (J) Professional surveying, mapping, and 1 geospatial organizations. 2 (K) Any other stakeholders that the Sec- 3 retary determines appropriate. 4 (3) TERMINATION.—The Working Group shall 5 terminate 6 months after the date on which the Sec- 6 retary receives the report under subsection (e)(1). 7 (c) DUTIES.—In carrying out the study required 8 under subsection (a), the Working Group shall analyze— 9 (1) the use of covered resources in transpor- 10 tation projects funded with Federal dollars; 11 (2) how the proximity of covered resources to 12 such projects affects the cost and environmental im- 13 pact of such projects; 14 (3) whether and how State, Tribal, and local 15 transportation and planning agencies consider cov- 16 ered resources when developing transportation 17 projects; and 18 (4) any challenges for transportation project 19 sponsors regarding access and proximity to covered 20 resources. 21 (d) CONSULTATION.—In carrying out the study re- 22 quired under subsection (a), the Working Group shall con- 23 sult with, as appropriate— 24 (1) chief executive officers of States; 25 678 •HR 3684 EH (2) State and local transportation planning 1 agencies; 2 (3) Indian Tribes; 3 (4) other relevant State, Tribal, and local agen- 4 cies, including State agencies associated with cov- 5 ered resources protection; 6 (5) members of the public with industry experi- 7 ence with respect to covered resources; 8 (6) other Federal entities that provide funding 9 for transportation projects; and 10 (7) any other stakeholder the Working Group 11 determines appropriate. 12 (e) REPORTS.— 13 (1) WORKING GROUP REPORT.—Not later than 14 2 years after the date on which the Working Group 15 is established, the Working Group shall submit to 16 the Secretary a report that includes— 17 (A) the findings of the study required 18 under subsection (a), including a summary of 19 comments received during the consultation 20 process under subsection (d); and 21 (B) any recommendations to preserve ac- 22 cess to and reduce the costs and environmental 23 impacts of covered resources for infrastructure 24 projects. 25 679 •HR 3684 EH (2) DEPARTMENTAL REPORT.—Not later than 1 3 months after the date on which the Secretary re- 2 ceives the report under paragraph (1), the Secretary 3 shall submit to the Committee on Transportation 4 and Infrastructure of the House of Representatives 5 and the Committee on Environment and Public 6 Works of the Senate a summary of the findings 7 under such report and any recommendations, as ap- 8 propriate. 9 (f) DEFINITIONS.—In this section: 10 (1) COVERED RESOURCES.—The term ‘‘covered 11 resources’’ means common variety materials used in 12 transportation infrastructure construction and main- 13 tenance, including stone, sand, and gravel. 14 (2) INDIAN TRIBES.—The term ‘‘Indian Tribes’’ 15 has the meaning given such term in section 4 of the 16 Indian Self-Determination and Education Assistance 17 Act (25 U.S.C. 5304). 18 (3) STATE.—The term ‘‘State’’ means each of 19 the several States, the District of Columbia, and 20 each territory or possession of the United States. 21 SEC. 1614. NUMBERING SYSTEM OF HIGHWAY INTER- 22 CHANGES. 23 (a) IN GENERAL.—Notwithstanding section 315 of 24 title 23, United States Code, and section 1.36 of title 23, 25 680 •HR 3684 EH Code of Federal Regulations, the Secretary of Transpor- 1 tation may not impose a penalty on a State that does not 2 comply with section 2E.31 of the Manual on Uniform 3 Traffic Control Devices (or a successor section) with re- 4 spect to the numbering of highway interchanges. 5 (b) APPLICABILITY.—Subsection (a) shall only apply 6 to a method of numbering of a highway interchange in 7 effect on the date of enactment of this Act. 8 SEC. 1615. TOLL CREDITS. 9 (a) PURPOSES.—The Secretary of Transportation 10 shall— 11 (1) identify the extent of the demand to pur- 12 chase toll credits; 13 (2) identify the expected cash price of toll cred- 14 its; 15 (3) analyze the impact of the exchange of toll 16 credits on transportation expenditures; and 17 (4) identify any other repercussions of estab- 18 lishing a toll credit exchange. 19 (b) SOLICITATION.—To carry out the requirements of 20 this section, the Secretary shall solicit information from 21 States eligible to use a credit under section 120(i) of title 22 23, United States Code, including— 23 (1) the amount of unused toll credits, includ- 24 ing— 25 681 •HR 3684 EH (A) toll revenue generated and the sources 1 of that revenue; 2 (B) toll revenue used by public, quasi-pub- 3 lic, and private agencies to build, improve, or 4 maintain highways, bridges, or tunnels that 5 serve the public purpose of interstate commerce; 6 and 7 (C) an accounting of any Federal funds 8 used by the public, quasi-public, or private 9 agency to build, improve, or maintain the toll 10 facility, to validate that the credit has been re- 11 duced by a percentage equal to the percentage 12 of the total cost of building, improving, or 13 maintaining the facility that was derived from 14 Federal funds; 15 (2) the documentation of maintenance of effort 16 for toll credits earned by the State; and 17 (3) the accuracy of the accounting system of 18 the State to earn and track toll credits. 19 (c) WEBSITE.—The Secretary shall make available a 20 publicly accessible website on which a State eligible to use 21 a credit under section 120(i) of title 23, United States 22 Code shall publish the information described under sub- 23 section (b)(1). 24 682 •HR 3684 EH (d) EVALUATION AND RECOMMENDATIONS TO CON- 1 GRESS.—Not later than 2 years after the date of enact- 2 ment of this Act, the Secretary shall provide to the Com- 3 mittee on Transportation and Infrastructure of the House 4 of Representatives and the Committee on Environment 5 and Public Works of the Senate, and make publicly avail- 6 able on the website of the Department of Transpor- 7 tation— 8 (1) an evaluation of the accuracy of the ac- 9 counting and documentation of toll credits earned 10 under section 120(i); 11 (2) a determination whether a toll credit mar- 12 ketplace is viable and cost effective; 13 (3) estimates, to the extent possible, of the av- 14 erage sale price of toll credits; and 15 (4) recommendations on any modifications nec- 16 essary, including legislative changes, to establish and 17 implement a toll credit exchange program. 18 (e) DEFINITION.—In this section, the term ‘‘State’’ 19 has the meaning given the term in section 101(a) of title 20 23, United States Code. 21 SEC. 1616. TRANSPORTATION CONSTRUCTION MATERIALS 22 PROCUREMENT. 23 (a) ESTABLISHMENT.—Not later than 180 days after 24 the date of enactment of this Act, the Secretary of Trans- 25 683 •HR 3684 EH portation shall initiate a review of the procurement proc- 1 esses used by State departments of transportation to se- 2 lect construction materials on projects utilizing Federal- 3 aid highway funds. 4 (b) CONTENTS.—The review under subsection (a) 5 shall include— 6 (1) a review of competitive practices in the bid- 7 ding process for transportation construction mate- 8 rials; 9 (2) a list of States that currently issue bids 10 that include flexibility in the type of construction 11 materials used to meet the project specifications; 12 (3) any information provided by States on con- 13 siderations that influence the decision to include 14 competition by type of material in transportation 15 construction projects; 16 (4) any data on whether issuing bids that in- 17 clude flexibility in the type of construction materials 18 used to meet the project specifications will affect 19 project costs over the lifecycle of an asset; 20 (5) any data on the degree to which competition 21 leads to greater use of sustainable, innovative, or re- 22 silient materials; and 23 684 •HR 3684 EH (6) an evaluation of any barriers to more wide- 1 spread use of competitive bidding processes for 2 transportation construction materials. 3 (c) REPORT.—Not later than 18 months after the 4 date of enactment of this Act, the Secretary shall submit 5 to the Committee on Transportation and Infrastructure 6 of the House of Representatives and the Committee on 7 Environment and Public Works of the Senate, and make 8 publicly available, a report on the review initiated by the 9 Secretary pursuant to this section. 10 SEC. 1617. NATIONWIDE ROAD SAFETY ASSESSMENT. 11 (a) IN GENERAL.—The Secretary of Transportation 12 shall, every 2 years, conduct nationwide, on-the-ground 13 road safety assessments focused on pedestrian and bicycle 14 safety in each State. 15 (b) REQUIREMENTS.—The assessments required 16 under subsection (a) shall be conducted— 17 (1) by Department of Transportation field of- 18 fices from the Federal Highway Administration, the 19 National Highway Transportation Safety Adminis- 20 tration, the Federal Transit Administration, and the 21 Federal Motor Carrier Safety Administration; and 22 (2) in consultation with— 23 (A) State and local agencies with jurisdic- 24 tion over pedestrian and bicycle safety; 25 685 •HR 3684 EH (B) pedestrian safety and bicycle safety 1 advocacy organizations; and 2 (C) other relevant pedestrian and bicycle 3 safety stakeholders. 4 (c) PURPOSES.—The purpose of the assessments 5 under this section is to— 6 (1) identify and examine specific locations with 7 documented or perceived problems with pedestrian 8 and bicycle safety and access; 9 (2) examine barriers to providing safe pedes- 10 trian and bicycle access to transportation infrastruc- 11 ture; and 12 (3) develop and issue recommendations de- 13 signed to effectively address specific safety and ac- 14 cess issues and enhance pedestrian and bicycle safe- 15 ty in high risk areas. 16 (d) REPORT ON STATE ASSESSMENTS.—Upon com- 17 pletion of the assessment of a State, the Secretary shall 18 issue, and make available to the public, a report con- 19 taining the assessment that includes— 20 (1) a list of locations that have been assessed 21 as presenting a danger to pedestrians or bicyclists; 22 and 23 (2) recommendations to enhance pedestrian and 24 bicycle safety in those locations. 25 686 •HR 3684 EH (e) REPORT ON NATIONWIDE PROGRAM.—Upon com- 1 pletion of the biannual assessment nationwide required 2 under this section, the Secretary shall issue, and make 3 available to the public, that covers assessments for all ju- 4 risdictions and also present it to the congressional trans- 5 portation committees. 6 (f) NATIONAL PEDESTRIAN AND BICYCLE SAFETY 7 DATABASE.—The Secretary, in order to enhance pedes- 8 trian and bicycle safety and improve information sharing 9 on pedestrian and bicycle safety challenges between the 10 Federal Government and State and local governments, 11 shall maintain a national pedestrian and bicycle safety 12 database that includes— 13 (1) a list of high-risk intersections, roads, and 14 highways with a documented history of pedestrian or 15 bicycle accidents or fatalities and details regarding 16 those incidents; and 17 (2) information on corrective measures that 18 have been implemented at the State, local, or Fed- 19 eral level to enhance pedestrian and bicyclist safety 20 at those high risk areas, including details on the na- 21 ture and date of corrective action. 22 (g) STATE DEFINED.—In this section, the term 23 ‘‘State’’ means each of the States, the District of Colum- 24 bia, and Puerto Rico. 25 687 •HR 3684 EH 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 4 date of enactment of this Act, the Secretary of Transpor- 5 tation shall seek to enter into an agreement with the 6 Transportation Research Board of the National Acad- 7 emies to conduct a study of the actions needed to ensure 8 that Federal agencies are taking into account current and 9 future climate conditions in planning, designing, building, 10 operating, maintaining, investing in, and upgrading any 11 federally funded transportation infrastructure invest- 12 ments. 13 (b) METHODOLOGIES.—In conducting the study, the 14 Transportation Research Board shall build on the meth- 15 odologies examined and recommended in— 16 (1) the 2018 report issued the American Soci- 17 ety of Civil Engineers, titled ‘‘Climate-Resilient In- 18 frastructure: Adaptive Design and Risk Manage- 19 ment’’; and 20 (2) the report issued by the California Climate- 21 Safe Infrastructure Working Group, titled ‘‘Paying 22 it Forward: The Path Toward Climate-Safe Infra- 23 structure in California’’. 24 (c) CONTENTS OF STUDY.—The study shall include 25 specific recommendations regarding the following: 26 688 •HR 3684 EH (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 12 relevant 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 19 climate-resilient transportation infrastructure 20 projects including new and emerging skills, training 21 programs, competencies and recognized postsec- 22 ondary credentials that may be required to ade- 23 quately equip the workforce. 24 689 •HR 3684 EH (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. 4 For purposes of this paragraph, the term ‘‘dis- 5 proportionately exposed communities’’ means a com- 6 munity in which climate change, pollution, or envi- 7 ronmental destruction have exacerbated systemic ra- 8 cial, regional, social, environmental, and economic 9 injustices by disproportionately affecting indigenous 10 peoples, communities of color, migrant communities, 11 deindustrialized communities, depopulated rural 12 communities, the poor, low-income workers, women, 13 the elderly, residents of public housing (as such term 14 is defined in section 3(b) of the United States Hous- 15 ing Act of 1937 (42 U.S.C. 1437a(b)) and of other 16 housing assisted under other Federal affordable 17 housing programs as so designated by the Secretary 18 of Housing and Urban Development, people experi- 19 encing homelessness, people with disabilities, people 20 who are incarcerated, or youth. 21 (d) CONSIDERATIONS.—In carrying out the study, 22 the Transportation Research Board shall determine the 23 need for information related to climate resilient transpor- 24 tation infrastructure by considering— 25 690 •HR 3684 EH (1) the current informational and institutional 1 barriers to integrating projected infrastructure risks 2 posed by climate change into federal infrastructure 3 planning, design, engineering, construction, oper- 4 ation and maintenance; 5 (2) the critical information needed by engineers, 6 planners and those charged with infrastructure up- 7 grades and maintenance to better incorporate cli- 8 mate change risks and impacts over the lifetime of 9 projects; 10 (3) how to select an appropriate, adaptive engi- 11 neering design for a range of future climate sce- 12 narios as related to infrastructure planning and in- 13 vestment; 14 (4) how to incentivize and incorporate systems 15 thinking into engineering design to maximize the 16 benefits of multiple natural functions and emissions 17 reduction, as well as regional planning; 18 (5) how to take account of the risks of cas- 19 cading infrastructure failures and develop more ho- 20 listic approaches to evaluating and mitigating cli- 21 mate risks; 22 (6) how to ensure that investments in infra- 23 structure resilience benefit all communities, includ- 24 ing communities of color, low-income communities, 25 691 •HR 3684 EH residents of public housing (as such term is defined 1 in section 3(b) of the United States Housing Act of 2 1937 (42 U.S.C. 1437a(b)) and of other housing as- 3 sisted under other Federal affordable housing pro- 4 grams as so designated by the Secretary of Housing 5 and Urban Development, and Indian Tribes that 6 face a disproportionate risk from climate change and 7 in many cases have experienced long-standing unmet 8 needs and underinvestment in critical infrastructure; 9 (7) how to incorporate capital assessment and 10 planning training and techniques, including a range 11 of financing options to help local and State govern- 12 ments plan for and provide matching funds; 13 (8) how federal agencies can track and monitor 14 federally funded resilient infrastructure in a coordi- 15 nated fashion to help build the understanding of the 16 cost-benefit of resilient infrastructure and to build 17 the capacity for implementing resilient infrastruc- 18 ture; and 19 (9) the occupations, skillsets, training pro- 20 grams, competencies and recognized postsecondary 21 credentials that will be needed to implement such 22 climate-resilient transportation infrastructure 23 projects, and how to ensure that any new jobs cre- 24 ated by such projects ensure that priority hiring con- 25 692 •HR 3684 EH siderations are given to individuals facing barriers to 1 employment, including individuals registered with a 2 one-stop center, as defined under section 3 of the 3 Workforce Innovation and Opportunity Act (29 4 U.S.C. 3102), communities of color, low-income 5 communities, residents of public housing (as such 6 term is defined in section 3(b) of the United States 7 Housing Act of 1937 (42 U.S.C. 1437a(b)) and of 8 other housing assisted under other Federal afford- 9 able housing programs as so designated by the Sec- 10 retary of Housing and Urban Development, and In- 11 dian Tribes that face a disproportionate risk from 12 climate change and have been excluded from job op- 13 portunities. 14 (e) CONSULTATION.—In carrying out the study, the 15 Transportation Research Board— 16 (1) shall convene and consult with a panel of 17 national experts, including operators and users of 18 Federal transportation infrastructure and private 19 sector stakeholders; and 20 (2) is encouraged to consult with— 21 (A) representatives from the thirteen fed- 22 eral agencies that comprise the United States 23 Global Change Research Program; 24 693 •HR 3684 EH (B) representatives from the Department 1 of the Treasury; 2 (C) professional engineers with relevant ex- 3 pertise in infrastructure design; 4 (D) scientists from the National Academies 5 with relevant expertise; 6 (E) scientists, social scientists and experts 7 from academic and research institutions who 8 have expertise in climate change projections and 9 impacts; engineering; architecture; or other rel- 10 evant areas of expertise; 11 (F) licensed architects with relevant expe- 12 rience in infrastructure design; 13 (G) certified planners; 14 (H) representatives of State and local gov- 15 ernments and Indian Tribes; 16 (I) representatives of environmental justice 17 groups; and 18 (J) representatives of labor unions that 19 represent key trades and industries involved in 20 infrastructure projects. 21 (f) REPORT.—Not later than 3 years after the date 22 of enactment of this Act, the Transportation Research 23 Board shall submit to the Secretary, the Committee on 24 Transportation and Infrastructure of the House of Rep- 25 694 •HR 3684 EH resentatives, and the Committee on Environment and 1 Public Works of the Senate a report on the results of the 2 study conducted under this section. 3 SEC. 1619. NATURAL GAS, ELECTRIC BATTERY, AND ZERO 4 EMISSION VEHICLES. 5 Subsection (s) of section 127 of title 23, United 6 States Code is amended to read as follows: 7 ‘‘(s) NATURAL GAS, ELECTRIC BATTERY, AND ZERO 8 EMISSION VEHICLES.—A vehicle, if operated by an engine 9 fueled primarily by natural gas, powered primarily by 10 means of electric battery power, or fueled primarily by 11 means of other zero emission fuel technologies, may exceed 12 the weight limit on the power unit by up to 2,000 pounds 13 (up to a maximum gross vehicle weight of 82,000 pounds) 14 under this section.’’. 15 SEC. 1620. GUIDANCE ON EVACUATION ROUTES. 16 (a) IN GENERAL.— 17 (1) GUIDANCE.—The Administrator of the Fed- 18 eral Highway Administration, in coordination with 19 the Administrator of the Federal Emergency Man- 20 agement Agency, and consistent with guidance 21 issued by the Federal Emergency Management 22 Agency pursuant to section 1209 of the Disaster Re- 23 covery Reform Act of 2018 (Public Law 115–254), 24 shall revise existing guidance or issue new guidance 25 695 •HR 3684 EH as appropriate for State and local governments and 1 Indian Tribes regarding the design, construction, 2 maintenance, retrofit, and repair of evacuation 3 routes. 4 (2) CONSIDERATIONS.—In revising or issuing 5 guidance under subsection (a)(1), the Administrator 6 of the Federal Highway Administration shall con- 7 sider— 8 (A) methods that assist evacuation routes 9 to— 10 (i) withstand the effects of hydrostatic 11 and hydrodynamic forces on viability, in- 12 cluding recommendations regarding appro- 13 priate drainage structures or other flood 14 prevention mechanisms to manage 15 stormwater, runoff, and the effect of storm 16 surge; 17 (ii) withstand the risks that flamma- 18 bility poses to viability; 19 (iii) improve durability, strength (in- 20 cluding the ability to withstand tensile 21 stresses and compressive stresses), and 22 sustainability; and 23 (iv) provide for long-term cost sav- 24 ings; 25 696 •HR 3684 EH (B) the ability of evacuation routes to ef- 1 fectively manage contraflow operations; 2 (C) for evacuation routes on public lands, 3 the viewpoints of the applicable Federal land 4 management agency regarding emergency oper- 5 ations, sustainability, and resource protection; 6 and 7 (D) such other items the Administrator of 8 the Federal Highway Administration considers 9 appropriate. 10 (3) REPORT.—In the case in which the Admin- 11 istrator of the Federal Highway Administration, in 12 consultation with the Administrator of the Federal 13 Emergency Management Agency, concludes existing 14 guidance addresses the considerations in paragraph 15 (2), The Administrator of the Federal Highway Ad- 16 ministration shall submit to the Committee on 17 Transportation and Infrastructure of the House of 18 Representatives and the Committee on Environment 19 and Public Works of the Senate a detailed report de- 20 scribing how existing guidance addresses such con- 21 siderations. 22 (b) STUDY.— 23 (1) IN GENERAL.—The Administrator of the 24 Federal Highway Administration, in coordination 25 697 •HR 3684 EH with the Administrator of the Federal Emergency 1 Management Agency, shall study the vulnerability of 2 evacuation routes that are part of the national high- 3 way system to the risks of extreme weather, includ- 4 ing flooding and storm surge. 5 (2) CONTENTS.—In conducting the study under 6 paragraph (1), the Administrator shall examine— 7 (A) the likelihood of Federal evacuation 8 routes flooding during a 100-year, 500-year, 9 and 1000-year weather event; 10 (B) whether Federal evacuation routes 11 that have historically flooded have recovered 12 quickly from extreme weather events; 13 (C) the availability of alternative evacu- 14 ation routes to accommodate the flow of evac- 15 uees in the event of an evacuation route becom- 16 ing impassable due to flooding; and 17 (D) the impact of impassable evacuation 18 routes on vulnerable individuals, with consider- 19 ation of the return of evacuees after an extreme 20 weather event, including— 21 (i) individuals with a physical or men- 22 tal disability; 23 (ii) individuals in schools, daycare 24 centers, mobile home parks, prisons, nurs- 25 698 •HR 3684 EH ing homes, and other long-term care facili- 1 ties and detention centers; 2 (iii) individuals with limited pro- 3 ficiency in English; 4 (iv) the elderly; and 5 (v) individuals who are tourists, sea- 6 sonal workers, or homeless. 7 (3) REPORT.—Not later than 1 year after the 8 date of enactment of this Act, the Administrator 9 shall submit to the Committee on Transportation 10 and Infrastructure of the House of Representatives 11 and the Committee on Commerce, Science, and 12 Transportation of the Senate a report summarizing 13 the study and the results of such study, including 14 identifying which segments of Federal evacuation 15 routes are most vulnerable to becoming impassable 16 due to flooding. 17 SEC. 1621. HIGH PRIORITY CORRIDORS ON NATIONAL 18 HIGHWAY SYSTEM. 19 (a) IDENTIFICATION.— 20 (1) CENTRAL TEXAS CORRIDOR.—Section 21 1105(c)(84) of the Intermodal Surface Transpor- 22 tation Efficiency Act of 1991 is amended to read as 23 follows: 24 699 •HR 3684 EH ‘‘(84) The Central Texas Corridor, including 1 the route— 2 ‘‘(A) commencing in the vicinity of Texas 3 Highway 338 in Odessa, Texas, running east- 4 ward generally following Interstate Route 20, 5 connecting to Texas Highway 158 in the vicin- 6 ity of Midland, Texas, then following Texas 7 Highway 158 eastward to United States Route 8 87 and then following United States Route 87 9 southeastward, passing in the vicinity of San 10 Angelo, Texas, and connecting to United States 11 Route 190 in the vicinity of Brady, Texas; 12 ‘‘(B) commencing at the intersection of 13 Interstate Route 10 and United States Route 14 190 in Pecos County, Texas, and following 15 United States Route 190 to Brady, Texas; 16 ‘‘(C) following portions of United States 17 Route 190 eastward, passing in the vicinity of 18 Fort Hood, Killeen, Belton, Temple, Bryan, 19 College Station, Huntsville, Livingston, Wood- 20 ville, and Jasper, to the logical terminus of 21 Texas Highway 63 at the Sabine River Bridge 22 at Burrs Crossing and including a loop gen- 23 erally encircling Bryan/College Station, Texas; 24 700 •HR 3684 EH ‘‘(D) following United States Route 83 1 southward from the vicinity of Eden, Texas, to 2 a logical connection to Interstate Route 10 at 3 Junction, Texas; 4 ‘‘(E) following United States Route 69 5 from Interstate Route 10 in Beaumont, Texas, 6 north to United States Route 190 in the vicin- 7 ity of Woodville, Texas; 8 ‘‘(F) following United States Route 96 9 from Interstate Route 10 in Beaumont, Texas, 10 north to United States Route 190 in the vicin- 11 ity of Jasper, Texas; and 12 ‘‘(G) following United States Route 190, 13 State Highway 305, and United States Route 14 385 from Interstate Route 10 in Pecos County, 15 Texas to Interstate 20 at Odessa, Texas.’’. 16 (2) CENTRAL LOUISIANA CORRIDOR.—Section 17 1105(c) of the Intermodal Surface Transportation 18 Efficiency Act of 1991 is amended by adding at the 19 end the following: 20 ‘‘(92) The Central Louisiana Corridor com- 21 mencing at the logical terminus of Louisiana High- 22 way 8 at the Sabine River Bridge at Burrs Crossing 23 and generally following portions of Louisiana High- 24 way 8 to Leesville, Louisiana, and then eastward on 25 701 •HR 3684 EH Louisiana Highway 28, passing in the vicinity of Al- 1 exandria, Pineville, Walters, and Archie, to the log- 2 ical terminus of United States Route 84 at the Mis- 3 sissippi River Bridge at Vidalia, Louisiana.’’. 4 (3) CENTRAL MISSISSIPPI CORRIDOR.—Section 5 1105(c) of the Intermodal Surface Transportation 6 Efficiency Act of 1991, as amended by this Act, is 7 further amended by adding at the end the following: 8 ‘‘(93) The Central Mississippi Corridor, includ- 9 ing the route— 10 ‘‘(A) commencing at the logical terminus 11 of United States Route 84 at the Mississippi 12 River and then generally following portions of 13 United States Route 84 passing in the vicinity 14 of Natchez, Brookhaven, Monticello, Prentiss, 15 and Collins, to Interstate 59 in the vicinity of 16 Laurel, Mississippi, and continuing on Inter- 17 state Route 59 north to Interstate Route 20 18 and on Interstate Route 20 to the Mississippi- 19 Alabama State Border; and 20 ‘‘(B) commencing in the vicinity of Laurel, 21 Mississippi, running south on Interstate Route 22 59 to United States Route 98 in the vicinity of 23 Hattiesburg, connecting to United States Route 24 49 south then following United States Route 49 25 702 •HR 3684 EH south to Interstate Route 10 in the vicinity of 1 Gulfport and following Mississippi Route 601 2 southerly terminating near the Mississippi State 3 Port at Gulfport.’’. 4 (4) MIDDLE ALABAMA CORRIDOR.—Section 5 1105(c) of the Intermodal Surface Transportation 6 Efficiency Act of 1991, as amended by this Act, is 7 further amended by adding at the end the following: 8 ‘‘(94) The Middle Alabama Corridor including 9 the route— 10 ‘‘(A) beginning at the Alabama-Mississippi 11 Border generally following portions of I–20 12 until following a new interstate extension paral- 13 leling United States Highway 80 specifically: 14 ‘‘(B) crossing Alabama Route 28 near 15 Coatopa, Alabama, traveling eastward crossing 16 United States Highway 43 and Alabama Route 17 69 near Selma, Alabama, traveling eastwards 18 closely paralleling United States Highway 80 to 19 the south crossing over Alabama Routes 22, 41, 20 and 21, until its intersection with I–65 near 21 Hope Hull, Alabama; 22 ‘‘(C) continuing east along the proposed 23 Montgomery Outer Loop south of Montgomery, 24 703 •HR 3684 EH Alabama where it would next join with I–85 1 east of Montgomery, Alabama; 2 ‘‘(D) continuing along I–85 east bound 3 until its intersection with United States High- 4 way 280 near Opelika, Alabama or United 5 States Highway 80 near Tuskegee, Alabama; 6 and 7 ‘‘(E) generally following the most expe- 8 dient route until intersecting with existing 9 United States Highway 80 (JR Allen Parkway) 10 through Phenix City until continuing into Co- 11 lumbus, Georgia.’’. 12 (5) MIDDLE GEORGIA CORRIDOR.—Section 13 1105(c) of the Intermodal Surface Transportation 14 Efficiency Act of 1991, as amended by this Act, is 15 further amended by adding at the end the following: 16 ‘‘(95) The Middle Georgia Corridor including 17 the route— 18 ‘‘(A) beginning at the Alabama-Georgia 19 Border generally following the Fall Line Free- 20 way from Columbus Georgia to Augusta, Geor- 21 gia specifically: 22 ‘‘(B) travelling along United States Route 23 80 (JR Allen Parkway) through Columbus, 24 Georgia and near Fort Benning, Georgia, east 25 704 •HR 3684 EH to Talbot County, Georgia where it would follow 1 Georgia Route 96, then commencing on Georgia 2 Route 49C (Fort Valley Bypass) to Georgia 3 Route 49 (Peach Parkway) to its intersection 4 with Interstate route 75 in Byron, Georgia; 5 ‘‘(C) continuing north along Interstate 6 Route 75 through Warner Robins and Macon, 7 Georgia where it would meet Interstate Route 8 16. Following Interstate 16 east it would next 9 join United States Route 80 and then onto 10 State Route 57; and 11 ‘‘(D) commencing with State Route 57 12 which turns into State Route 24 near 13 Milledgeville, Georgia would then bypass Wrens, 14 Georgia with a newly constructed bypass. After 15 the bypass it would join United States Route 1 16 near Fort Gordon into Augusta, Georgia where 17 it will terminate at Interstate Route 520.’’. 18 (6) LOUISIANA CAPITAL REGION.—Section 19 1105(c) of the Intermodal Surface Transportation 20 Efficiency Act of 1991, as amended by this Act, is 21 further amended by adding at the end the following: 22 ‘‘(96) The Louisiana Capital Region High Pri- 23 ority Corridor, which shall generally follow— 24 705 •HR 3684 EH ‘‘(A) Interstate 10, between its intersec- 1 tions with Interstate 12 and Louisiana High- 2 way 415; 3 ‘‘(B) Louisiana Highway 415, between its 4 intersections with Interstate 10 and United 5 States route 190; 6 ‘‘(C) United States route 190, between its 7 intersections with Louisiana Highway 415 and 8 intersection with Interstate 110; 9 ‘‘(D) Interstate 110, between its intersec- 10 tions with United States route 190 and Inter- 11 state 10; 12 ‘‘(E) Louisiana Highway 30, near St. Ga- 13 briel, LA and its intersections with Interstate 14 10; 15 ‘‘(F) Louisiana Highway 1, near White 16 Castle, LA and its intersection with Interstate 17 10; and 18 ‘‘(G) A bridge connecting Louisiana High- 19 way 1 with Louisiana Highway 30, south of the 20 Interstate described in subparagraph (A).’’. 21 (b) INCLUSION OF CERTAIN SEGMENTS ON INTER- 22 STATE SYSTEM.—Section 1105(e)(5)(A) of the Intermodal 23 Surface Transportation Efficiency Act of 1991 is amend- 24 ed— 25 706 •HR 3684 EH (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 4 ‘‘subsection (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 8 (c)(95), and subsection (c)(96)’’. 9 (c) DESIGNATION.—Section 1105(e)(5)(C) of the 10 Intermodal Surface Transportation Efficiency Act of 1991 11 is amended by striking ‘‘The route referred to in sub- 12 section (c)(84) is designated as Interstate Route I–14.’’ 13 and inserting ‘‘The route referred to in subsection 14 (c)(84)(A) is designated as Interstate Route I–14 North. 15 The route referred to in subsection (c)(84)(B) is des- 16 ignated as Interstate Route I–14 South. The Bryan/Col- 17 lege Station, Texas loop referred to in subsection (c)(84) 18 is designated as Interstate Route I–214. The routes re- 19 ferred to in subparagraphs (C), (D), (E), (F), and (G) 20 of subsection (c)(84) and in subsections (c)(92), (c)(93), 21 (c)(94), and (c)(95) are designated as Interstate Route I– 22 14.’’. 23 707 •HR 3684 EH 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 10 declared pursuant to the Robert T. Stafford Disaster Re- 11 lief and Emergency Assistance Act (42 U.S.C. 5121 et 12 seq.) with respect to roads eligible for assistance under 13 Federal Highway Administration programs. 14 (b) CONSIDERATIONS.—In revising or issuing new 15 guidance under subsection (a), the Administrator shall 16 consider methods of repair, restoration, and replacement 17 of damaged or destroyed roads that— 18 (1) improve the ability of a previously inun- 19 dated or submerged road to withstand the effects of 20 hydrostatic 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 25 amended by adding at the end the following: 26 708 •HR 3684 EH ‘‘(v) DRY BULK WEIGHT TOLERANCE.— 1 ‘‘(1) DEFINITION OF DRY BULK GOODS.—In 2 this subsection, the term ‘dry bulk goods’ means any 3 homogeneous 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), 12 including 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 insert- 16 ing ‘‘2023 through 2026’’. 17 SEC. 1625. LABOR STANDARDS. 18 It is the policy of the United States that funds au- 19 thorized or made available by this Act, or the amendments 20 made by this Act, should not be used to purchase products 21 produced whole or in part through the use of child labor, 22 as such term is defined in Article 3 of the International 23 Labor Organization Convention concerning the prohibition 24 and immediate action for the elimination of the worst 25 709 •HR 3684 EH forms of child labor (December 2, 2000), or in violation 1 of human rights. 2 SEC. 1626. CLIMATE RESILIENCY REPORT BY GAO. 3 (a) IN GENERAL.—Not later than 1 year after the 4 date of enactment of this Act, and every 5 years there- 5 after, the Comptroller General of the United States shall 6 evaluate and issue a report to Congress on the economic 7 benefits, including avoided impacts on property and life, 8 of the use of model, consensus-based building codes, 9 standards, and provisions that support resilience to cli- 10 mate risks and impacts, 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 19 subsection (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 juris- 23 dictional level; including whether the adopted codes 24 710 •HR 3684 EH meet or exceed the most recent published edition of 1 a national, 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, includ- 21 ing but not limited to grants, incentive programs, 22 technical assistance and design and construction cri- 23 teria, administered by the Federal Emergency Man- 24 711 •HR 3684 EH agement Agency (hereinafter referred to as 1 ‘‘FEMA’’), including— 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 7 prepare for climate change and address resil- 8 iency in housing, public buildings, and infra- 9 structure such as roads and bridges; and 10 (C) how FEMA could increase efforts to 11 support the adoption of hazard resistant codes 12 by 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 21 Highway’’. 22 (b) REFERENCES.—Any reference in a law, map, reg- 23 ulation, document, paper, or other record of the United 24 States to the portion of United States Route 80 from 25 712 •HR 3684 EH Selma, Alabama to Montgomery, Alabama is deemed to 1 be a reference to the ‘‘John R. Lewis Voting Rights High- 2 way’’. 3 SEC. 1628. GAO STUDY ON CAPITAL NEEDS OF PUBLIC FER- 4 RIES. 5 (a) IN GENERAL.—The Comptroller General of the 6 United States shall conduct a study on the capital invest- 7 ment needs of United States public ferries and how Fed- 8 eral funding programs are meeting such needs. 9 (b) CONSIDERATIONS.—In carrying out the study 10 under subsection (a), the Comptroller General shall exam- 11 ine the feasibility of including United States public ferries 12 in the conditions and performance report of the Depart- 13 ment of Transportation. 14 (c) REPORT TO CONGRESS.—Not later than 1 year 15 after the date of enactment of this Act, the Comptroller 16 General shall submit to Congress a report describing the 17 results of the study described in subsection (a), including 18 any recommendations for how to include ferries in the con- 19 ditions and performance report of the Department of 20 Transportation. 21 SEC. 1629. USE OF MODELING AND SIMULATION TECH- 22 NOLOGY. 23 It is the sense of Congress that the Department of 24 Transportation should utilize, to the fullest and most eco- 25 713 •HR 3684 EH nomically feasible extent practicable, modeling and simula- 1 tion technology to analyze highway and public transpor- 2 tation projects authorized by this Act and the amendments 3 made by this Act to ensure that these projects— 4 (1) increase transportation capacity and safety, 5 alleviate congestion, and reduce travel time and envi- 6 ronmental impacts; and 7 (2) are as cost effective as practicable. 8 SEC. 1630. GAO STUDY ON PER-MILE USER FEE EQUITY. 9 (a) ESTABLISHMENT.—Not later than 2 years after 10 the date of enactment of this Act, the Comptroller General 11 of the United States shall carry out a study on the impact 12 of equity issues associated with per-mile user fee funding 13 systems on the surface transportation system. 14 (b) CONTENTS.—The study under subsection (a) 15 shall include the following with respect to per-mile user 16 fee systems: 17 (1) The financial, social, and other impacts of 18 per-mile user fee systems on individuals, low-income 19 individuals, and individuals of different races. 20 (2) The impact that access to alternative modes 21 of transportation, including public transportation, 22 has in carrying out per-mile user fee systems. 23 (3) The ability to access jobs and services, 24 which may include healthcare facilities, child care, 25 714 •HR 3684 EH education and workforce training, food sources, 1 banking and other financial institutions, and other 2 retail shopping establishments. 3 (4) Equity issues for low-income individuals in 4 urban and rural areas. 5 (5) Any differing impacts on passenger vehicles 6 and commercial vehicles. 7 (c) INCLUSIONS.—In carrying out the study under 8 subsection (a), the Comptroller General shall include an 9 analysis of the State surface transportation system fund- 10 ing pilot program under section 6020 of the FAST Act 11 (23 U.S.C. 503 note). 12 (d) REPORT.—Not later than 2 years after the date 13 of the enactment after this Act, the Comptroller General 14 shall submit to the Committee on Transportation and In- 15 frastructure of the House of Representatives and the Com- 16 mittee on Environment and Public Works of the Senate, 17 and make publicly available, a report containing the re- 18 sults of the study under subsection (a), including rec- 19 ommendations for how to equitably implement per-mile 20 user fee systems. 21 (e) DEFINITIONS.— 22 (1) PER-MILE USER FEE.—The term ‘‘per-mile 23 user fee’’ means a revenue mechanism that— 24 715 •HR 3684 EH (A) is applied to road users operating 1 motor vehicles on the surface transportation 2 system; and 3 (B) is based on the number of vehicle miles 4 traveled by an individual road user. 5 (2) COMMERCIAL VEHICLE.—The term ‘‘com- 6 mercial vehicle’’ has the meaning given the term 7 commercial motor vehicle in section 31101 of title 8 49, United States Code. 9 SEC. 1631. GAO REVIEW OF EQUITY CONSIDERATIONS AT 10 STATE DOTS. 11 (a) REVIEW REQUIRED.—Not later than 1 year after 12 the date of enactment of this Act, the Comptroller General 13 shall undertake a review of the extent to which State de- 14 partments of transportation have in place best practices, 15 standards, and protocols designed to ensure equity consid- 16 erations in transportation planning, project selection, and 17 project delivery, including considerations of the diverse 18 transportation needs of low-income populations, minority 19 populations, and other diverse populations. 20 (b) EVALUATION.—After the completion of the review 21 under subsection (a), the Comptroller General shall issue 22 and make available on a publicly accessible Website a re- 23 port detailing— 24 716 •HR 3684 EH (1) findings based on the review in subsection 1 (a); 2 (2) a comprehensive set of recommendations for 3 State departments of transportation to improve eq- 4 uity considerations, which may include model legisla- 5 tion, best practices, or guidance; and 6 (3) any recommendations to Congress for addi- 7 tional statutory authority needed to support State 8 department of transportation efforts to incorporate 9 equity considerations into transportation planning, 10 project selection, and project delivery. 11 (c) REPORT.—After completing the review and eval- 12 uation required under subsections (a) and (b), and not 13 later than 2 years after the date of enactment of this Act, 14 the Comptroller General shall make available on a publicly 15 accessible Website, a report that includes— 16 (1) findings based on the review conducted 17 under subsection (a); 18 (2) the outcome of the evaluation conducted 19 under subsection (b); 20 (3) a comprehensive set of recommendations to 21 improve equity considerations in the public transpor- 22 tation industry, including recommendations for stat- 23 utory changes if applicable; and 24 717 •HR 3684 EH (4) the actions that the Secretary of Transpor- 1 tation could take to effectively address the rec- 2 ommendations provided under paragraph (3). 3 SEC. 1632. STUDY ON EFFECTIVENESS OF SUICIDE PREVEN- 4 TION NETS AND BARRIERS FOR STRUCTURES 5 OTHER THAN BRIDGES. 6 (a) STUDY.—The Comptroller General of the United 7 States shall conduct a study to identify— 8 (1) the types of structures, other than bridges, 9 that attract a high number of individuals attempting 10 suicide-by-jumping; 11 (2) the characteristics that distinguish struc- 12 tures identified under paragraph (1) from similar 13 structures that do not attract a high number of indi- 14 viduals attempting suicide-by-jumping; 15 (3) the types of nets or barriers that are effec- 16 tive at reducing suicide-by-jumping with respect to 17 the structures identified under paragraph (1); 18 (4) methods of reducing suicide-by-jumping 19 with respect to the structures identified under para- 20 graph (1) other than nets and barriers; 21 (5) quantitative measures of the effectiveness of 22 the nets and barriers identified under paragraph (3); 23 718 •HR 3684 EH (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 4 and 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 8 of the enactment of this Act, the Comptroller General shall 9 submit to the Committee on Transportation and Infra- 10 structure of the House of Representatives and the Com- 11 mittee on Commerce, Science, and Transportation of the 12 Senate a report on the results of the study conducted 13 under subsection (a). 14 SEC. 1633. TRANSPORTATION PLANNING ACTIVITIES. 15 The Secretary or Transportation shall take all rea- 16 sonable 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 24 23, United States Code. 25 719 •HR 3684 EH (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 9 LASTING DEVELOPMENT OF VETERANS BUSI- 10 NESSES. 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 22 concern’’ has the meaning given the term ‘‘small 23 business concern owned and controlled by veterans’’ 24 720 •HR 3684 EH in section 3(q) of the Small Business Act (15 U.S.C. 1 632 (q)). 2 (b) AMOUNTS FOR VETERAN OWNED SMALL BUSI- 3 NESS CONCERNS.—Except to the extent that the Sec- 4 retary of Transportation determines otherwise, not less 5 than 3 percent of the amounts made available for any pro- 6 gram under titles I, II, V, and VII of this division and 7 section 403 of title 23, United States Code, shall be ex- 8 pended through veteran owned small business concerns. 9 (c) UNIFORM CRITERIA.—The Secretary shall estab- 10 lish minimum uniform criteria for use by State govern- 11 ments in certifying whether a concern qualifies as a vet- 12 eran owned small business concern for the purpose of this 13 section. Such criteria shall include a limit on the personal 14 net worth of the veterans who own and control the small 15 business concern. 16 (d) REPORTING.—The Secretary shall establish min- 17 imum requirements for use by State government in report- 18 ing to the Secretary— 19 (1) information concerning veteran owned small 20 business concern awards, commitments, and achieve- 21 ment; and 22 (2) such other information as the Secretary de- 23 termined to be appropriate for the proper moni- 24 toring of the veterans business enterprise program. 25 721 •HR 3684 EH 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 3 major 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 Trans- 8 portation shall establish a working group (in this section 9 referred to as the ‘‘Working Group’’) to review the meth- 10 ods, practices, and technologies necessary to protect work- 11 ers in roadway work zones. 12 (b) MEMBERSHIP.— 13 (1) APPOINTMENT.—The Secretary shall ap- 14 point to the Working Group individuals with knowl- 15 edge and expertise in roadway safety. 16 (2) REPRESENTATION.—The Working group 17 shall include at least one representative of each of 18 the 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. 25 722 •HR 3684 EH (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 7 organizations. 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 18 safety and worker protection traffic control best 19 practices; 20 (2) identify causes of work zone injuries and fa- 21 talities; 22 (3) identify and evaluate technologies related to 23 vehicle interaction with work zones and workers in 24 work zones; and 25 723 •HR 3684 EH (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 12 determines appropriate. 13 (e) REPORTS.— 14 (1) WORKING GROUP REPORT.—Not later than 15 2 years after the date on which the Working Group 16 is established, the Working Group shall submit to 17 the 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 24 724 •HR 3684 EH for the Department of Transportation to im- 1 prove 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 14 highways 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 ex- 21 treme weather; 22 (2) the ecological benefits of nature-based fea- 23 tures for habitat restoration, water quality improve- 24 ments, and recreational aesthetics; 25 725 •HR 3684 EH (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 9 of enactment of this Act, the Comptroller General shall 10 submit to the Committee on Transportation and Infra- 11 structure of the House of Representatives and the Com- 12 mittee on Commerce, Science, and Transportation of the 13 Senate a report summarizing the study under subsection 14 (a) and the results of such study, including recommenda- 15 tions for how the Federal Highway Administration can en- 16 courage transportation agencies to use natural and na- 17 ture-based features to improve the resilience of coastal 18 highways and bridges. 19 SEC. 1638. REPEAL OF PILOT PROGRAM. 20 Section 325 of title 23, United States Code, is re- 21 pealed. 22 SEC. 1639. TECHNICAL CORRECTIONS. 23 (a) IN GENERAL.— Title 23, United States Code, is 24 amended as follows: 25 726 •HR 3684 EH (1) NAME CORRECTION.—Section 1 101(a)(17)(C), as redesignated by section 2 1103(1)(A) of this Act, is amended by striking 3 ‘‘United States Customs and Immigration Services’’ 4 and inserting ‘‘U.S. Customs and Border Protec- 5 tion’’. 6 (2) TRANSFER OF FUNDS.—Section 104(f)(3) is 7 amended— 8 (A) in subparagraph (A), by striking ‘‘the 9 Federal Highway Administration’’ and inserting 10 ‘‘an operating administration of the Depart- 11 ment of Transportation’’; and 12 (A) in the paragraph heading, by striking 13 ‘‘FEDERAL HIGHWAY ADMINISTRATION’’ and in- 14 serting ‘‘AN OPERATING ADMINISTRATION OF 15 THE DEPARTMENT OF TRANSPORTATION’’. 16 (3) TERMS AND CONDITIONS.—Section 17 108(c)(3)(F) is amended— 18 (A) by inserting ‘‘of 1969 (42 U.S.C. 4321 19 et seq.)’’ after ‘‘Policy Act’’; and 20 (B) by striking ‘‘this Act’’ and inserting 21 ‘‘this title’’. 22 (4) EXCLUSION.—Section 112(b)(2) is amended 23 in subparagraph (F) by striking ‘‘(F)’’ and all that 24 727 •HR 3684 EH follows through ‘‘Subparagraphs’’ and inserting ‘‘(F) 1 Subparagraphs’’. 2 (5) REFERENCE TO STATEWIDE TRANSPOR- 3 TATION IMPROVEMENT PROGRAM.—Section 115(c) is 4 amended by striking ‘‘135(f)’’ and inserting 5 ‘‘135(g)’’. 6 (6) OPPORTUNITY FOR COMMENT.—Section 7 134(j) is amended by striking ‘‘subsection (i)(5)’’ 8 both places it appears and inserting ‘‘subsection 9 (i)(6)’’. 10 (7) PERFORMANCE-BASED APPROACH.—Section 11 135(f)(7)(B) is amended by striking the semicolon 12 at the end and inserting a period. 13 (8) EFFICIENT ENVIRONMENTAL REVIEWS FOR 14 PROJECT DECISIONMAKING.—Section 139 is amend- 15 ed— 16 (A) in subsection (b)(1) by inserting ‘‘(42 17 U.S.C. 4321 et seq.)’’ after ‘‘of 1969’’; 18 (B) in subsection (c) by inserting ‘‘(42 19 U.S.C. 4321 et seq.)’’ after ‘‘of 1969’’ each 20 place it appears; and 21 (C) in subsection (k)(2) by inserting ‘‘(42 22 U.S.C. 4321 et seq.)’’ after ‘‘of 1969’’. 23 728 •HR 3684 EH (9) NONDISCRIMINATION.—Section 140(a) is 1 amended, in the third sentence, by inserting a 2 comma after ‘‘Secretary’’. 3 (10) PUBLIC TRANSPORTATION.—Section 142 4 is amended by striking subsection (i). 5 (11) CONGESTION MITIGATION AND AIR QUAL- 6 ITY IMPROVEMENT PROGRAM.—Section 149 is 7 amended— 8 (A) in subsection (b)(1)(A)(ii) by striking 9 ‘‘; or,’’ and inserting ‘‘; or’’; and 10 (B) in subsection (g)(2)(B) by striking the 11 semicolon at the end and inserting ‘‘; and’’. 12 (12) TRIBAL TRANSPORTATION PROGRAM DATA 13 COLLECTION.—Section 201(c)(6)(A)(ii) is amended 14 by striking ‘‘(25 U.S.C. 450 et seq.)’’ and inserting 15 ‘‘(25 U.S.C. 5301 et seq.)’’. 16 (13) TRIBAL TRANSPORTATION PROGRAM.— 17 Section 202 is amended— 18 (A) by striking ‘‘(25 U.S.C. 450 et seq.)’’ 19 each place it appears and inserting ‘‘(25 U.S.C. 20 5301 et seq.)’’; 21 (B) in subsection (a)(10)(B) by striking 22 ‘‘(25 U.S.C. 450e(b))’’ and inserting ‘‘(25 23 U.S.C. 5307(b))’’; and 24 (C) in subsection (b)— 25 729 •HR 3684 EH (i) in paragraph (5) in the matter pre- 1 ceding subparagraph (A) by inserting 2 ‘‘the’’ after ‘‘agreement under’’; and 3 (ii) in paragraph (6)(A) by inserting 4 ‘‘the’’ after ‘‘in accordance with’’. 5 (14) PERMISSIBLE USES OF RECREATIONAL 6 TRAILS PROGRAM APPORTIONED FUNDS.—Section 7 206(d)(2)(G) is amended by striking ‘‘use of rec- 8 reational trails’’ and inserting ‘‘uses of recreational 9 trails’’. 10 (15) TRIBAL TRANSPORTATION SELF-GOVERN- 11 ANCE PROGRAM.—Section 207 is amended— 12 (A) in subsection (g)— 13 (i) by striking ‘‘(25 U.S.C. 450j–1)’’ 14 and inserting ‘‘(25 U.S.C. 5325)’’; and 15 (ii) by striking ‘‘(25 U.S.C. 450j- 16 1(f))’’ and inserting ‘‘(25 U.S.C. 17 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)’’; 25 730 •HR 3684 EH (iii) in paragraph (3), by striking 1 ‘‘(25 U.S.C. 458aaa–7)’’ and inserting 2 ‘‘(25 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 24 731 •HR 3684 EH (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 DONA- 9 TION.—Section 323(d) is amended in the matter 10 preceding paragraph (1) by inserting ‘‘(42 U.S.C. 11 4321 et seq.)’’ after ‘‘of 1969’’. 12 (18) HIGHWAY SAFETY PROGRAMS.—Section 13 402(b)(1)(E) is amended by striking the semicolon 14 at the end and inserting ‘‘; and’’. 15 (19) USE OF FREIGHT CAPACITY BUILDING 16 PROGRAM 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.—Sec- 20 tion 602(e) is amended by striking ‘‘601(a)(1)(A)’’ 21 and inserting ‘‘601(a)(2)(A)’’. 22 (b) CLERICAL AMENDMENTS.— 23 (1) IN GENERAL.—The table of contents for 24 title 23, United States Code, is amended in the item 25 732 •HR 3684 EH relating 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 SEC. 1640. CREDIT ADJUSTMENTS FOR PAYCHECK PROTEC- 7 TION PROGRAM LOAN FORGIVENESS UNDER 8 HIGHWAY AND PUBLIC TRANSPORTATION 9 PROJECT COST REIMBURSEMENT CON- 10 TRACTS. 11 (a) IN GENERAL.—Notwithstanding section 112 of 12 title 23, United States Code, a covered contractor shall 13 only make credit adjustments to the indirect cost rate ap- 14 plied to such contractor to reflect the portion of loan for- 15 giveness attributable to the receipt of Federal funds. For 16 purposes of this section, beginning on the date on which 17 the credit attributable to Federal funds is recovered fully, 18 no further indirect cost rate credit shall be applied or oth- 19 erwise provided. 20 (b) COVERED CONTRACTOR DEFINED.—For pur- 21 poses of this section, the term ‘‘covered contractor’’ means 22 a contractor or subcontractor at any tier that— 23 (1) provides architectural and engineering serv- 24 ices under a federally-funded Federal-aid highway 25 733 •HR 3684 EH program or Federal lands highway program cost re- 1 imbursement contract under title 23, United States 2 Code; 3 (2) received loan forgiveness in accordance with 4 section 1106 of the Coronavirus Aid, Relief, and 5 Economic Security Act (Public Law 116–136), for a 6 loan provided under paragraph (36) of section 7(a) 7 of the Small Business Act (15 U.S.C. 636(a)); and 8 (3) applied such loan proceeds to indirect costs 9 that were reimbursed, in whole or in part, with Fed- 10 eral funds. 11 SEC. 1641. ESTABLISHMENT OF WESTERN RIVERSIDE 12 COUNTY NATIONAL WILDLIFE REFUGE. 13 (a) IN GENERAL.—The Secretary of the Interior (in 14 this section referred to as the ‘‘Secretary’’), acting 15 through the United States Fish and Wildlife Service, shall 16 establish as a national wildlife refuge the lands, waters, 17 and interests therein acquired under subsection (g). The 18 national wildlife refuge shall be known as the ‘‘Western 19 Riverside County National Wildlife Refuge’’ (in this sec- 20 tion referred to as the ‘‘Wildlife Refuge’’). 21 (b) PURPOSE.—The purpose of the Wildlife Refuge 22 shall be— 23 734 •HR 3684 EH (1) to conserve, manage, and restore wildlife 1 habitats for the benefit of present and future gen- 2 erations of Americans; 3 (2) to conserve species listed as threatened or 4 endangered under the Endangered Species Act of 5 1973 (16 U.S.C. 1531 et seq.) or the California En- 6 dangered Species Act (California Fish and Game 7 Code 2050–2068), or which is a covered species 8 under the Western Riverside County Multiple Spe- 9 cies Habitat Conservation Plan; 10 (3) to support the recovery and protection of 11 threatened and endangered species under the En- 12 dangered Species Act of 1973 (16 U.S.C. 1531 et 13 seq.); and 14 (4) to provide for wildlife habitat connectivity 15 and migratory corridors within the Western River- 16 side County Multiple Species Habitat Conservation 17 Plan Area. 18 (c) SENSE OF CONGRESS.—It is the sense of Con- 19 gress that the Secretary shall seek to acquire land, water, 20 or interests therein (including conservation easements), or 21 sufficient to satisfy the goals established in the Multiple 22 Species Habitat Conservation Plan, within the acquisition 23 boundaries pursuant to this section, including but not lim- 24 ited to those which have been heretofore or may be herein- 25 735 •HR 3684 EH after acquired by the Western Riverside County Regional 1 Conservation Authority for Purposes of the Multiple Spe- 2 cies Habitat Conservation Plan. 3 (d) NOTIFICATION OF ESTABLISHMENT.—The Sec- 4 retary shall publish notice of the establishment of the 5 Wildlife Refuge in the Federal Register. 6 (e) ACQUISITION BOUNDARIES.—The Secretary shall 7 establish the acquisition boundaries of the Wildlife Refuge 8 as the lands and waters within the Western Riverside 9 County Multiple Species Habitat Conservation Plan Area 10 (as depicted on maps and described in the Final Western 11 Riverside County Multiple Species Habitat Conservation 12 Plan dated June 17, 2003). 13 (f) ADMINISTRATION.— 14 (1) IN GENERAL.—Upon the establishment of 15 the Wildlife Refuge and thereafter, the Secretary 16 shall administer all federally owned lands, waters, 17 and interests in the Wildlife Refuge in accordance 18 with the National Wildlife Refuge System Adminis- 19 tration Act of 1966 (16 U.S.C. 668dd et seq.) and 20 this section. The Secretary may use such additional 21 statutory authority as may be available to the Sec- 22 retary for the conservation, management, recovery 23 and restoration of fish and wildlife and habitat, the 24 development of compatible wildlife dependent out- 25 736 •HR 3684 EH door recreation opportunities, and the facilitation of 1 fish and wildlife interpretation and education as the 2 Secretary considers appropriate to carry out the pur- 3 poses of this section and serve the objectives of the 4 Western Riverside County Multiple Species Habitat 5 Conservation Plan. 6 (2) COOPERATIVE AGREEMENTS REGARDING 7 NON-FEDERAL LANDS.—The Secretary may enter 8 into cooperative agreements with the State of Cali- 9 fornia, any political subdivision thereof, or any other 10 person— 11 (A) for the management, in a manner con- 12 sistent with this section and the Western River- 13 side County Multiple Species Habitat Conserva- 14 tion Plan, of lands that are owned by such 15 State, subdivision, or other person and located 16 within the acquisition boundaries of the Wildlife 17 Refuge; 18 (B) to promote public awareness of the 19 natural resources of the Western Riverside 20 County Multiple Species Habitat Conservation 21 Plan Area; or 22 (C) to encourage public participation in the 23 conservation of those resources. 24 737 •HR 3684 EH (g) ACQUISITION AND TRANSFERS OF LANDS AND 1 WATERS FOR WILDLIFE REFUGE.— 2 (1) ACQUISITIONS.—The Secretary shall ac- 3 quire by donation, purchase with appropriated 4 funds, or exchange such lands and waters, or inter- 5 ests therein (including conservation easements), as 6 they become available, that will achieve the purposes 7 of subsection (b), within the acquisition boundaries 8 of the Wildlife Refuge, except that the lands, waters, 9 and interests therein owned by the State of Cali- 10 fornia and its political subdivisions may be acquired 11 only by donation. 12 (2) TRANSFERS.— 13 (A) IN GENERAL.—The head of any Fed- 14 eral department or agency, including any agen- 15 cy within the Department of the Interior, that 16 has jurisdiction of any Federal property located 17 within the boundaries of the Wildlife Refuge as 18 described by this section shall, not later than 1 19 year after the date of the enactment of this Act, 20 submit to the Secretary an assessment of the 21 suitability of such property for inclusion in the 22 Wildlife Refuge. 23 (B) ASSESSMENT.—Any assessment under 24 subparagraph (A) shall include— 25 738 •HR 3684 EH (i) parcel descriptions and best exist- 1 ing land surveys for such property; 2 (ii) a list of existing special reserva- 3 tions designations, or purposes of the prop- 4 erty; 5 (iii) a list of all known or suspected 6 hazardous substance contamination of such 7 property, and any facilities, surface water, 8 or groundwater on such property; 9 (iv) the status of withdrawal of such 10 property from— 11 (I) the Mineral Leasing Act (30 12 U.S.C. 181 et seq.); and 13 (II) the General Mining Act of 14 1872 (30 U.S.C. 22 et seq.); and 15 (v) a recommendation as to whether 16 such property is or is not suitable for in- 17 clusion in the Wildlife Refuge, and the rea- 18 sons supporting the recommendation. 19 (C) INCLUSION IN WILDLIFE REFUGE.— 20 (i) IN GENERAL.—The Secretary 21 shall, not later than 60 days after receiving 22 an assessment submitted pursuant to sub- 23 paragraph (A), determine if the property 24 739 •HR 3684 EH described in such assessment is suitable for 1 inclusion in the Wildlife Refuge. 2 (ii) TRANSFER.—If the Secretary de- 3 termines the property in an assessment 4 submitted under subparagraph (A) is suit- 5 able for inclusion in the Wildlife Refuge, 6 the head of the Federal department or 7 agency that has jurisdiction of such prop- 8 erty shall transfer such property to the ad- 9 ministrative jurisdiction of the Secretary 10 for the purposes of this section. 11 (D) PROPERTY UNSUITABLE FOR INCLU- 12 SION.—Property determined by the Secretary to 13 be unsuitable for inclusion in the Wildlife Ref- 14 uge based on an assessment submitted under 15 subparagraph (A) shall be subsequently trans- 16 ferred to the Secretary for purposes of this sec- 17 tion by the head of the department or agency 18 that has jurisdiction of such property if such 19 property becomes suitable for inclusion in the 20 Wildlife Refuge as determined by the Secretary 21 in consultation with the head of the department 22 or agency that has jurisdiction of such prop- 23 erty. 24 740 •HR 3684 EH (E) PUBLIC ACCESS.—If property trans- 1 ferred to the Secretary under this paragraph al- 2 lows for public access at the time of transfer, 3 such access shall be maintained unless such ac- 4 cess— 5 (i) would be incompatible with the 6 purposes of the Wildlife Refuge; 7 (ii) would jeopardize public health or 8 safety; or 9 (iii) must be limited due to emergency 10 circumstances. 11 SEC. 1642. EFFECT OF WEATHER EXTREMES ON SUSTAIN- 12 ABILITY AND RELIABILITY OF ROADWAYS. 13 The Administrator of the Federal Highway Adminis- 14 tration shall issue or update guidance and best practices 15 related to the resiliency of materials used for construction, 16 reconstruction, rehabilitation, and preservation projects on 17 Federal-aid highways, taking into consideration the effect 18 of dynamic changes on maintenance cycles for roadways, 19 including as a result of weather-based factors. 20 SEC. 1643. GAO REPORT REGARDING HIGHWAY TRUST 21 FUND EXPENDITURES. 22 (a) IN GENERAL.—Not later than 2 years after the 23 date of enactment of this Act, the Comptroller General 24 of the United States shall submit to the Committee on 25 741 •HR 3684 EH Transportation and Infrastructure of the House of Rep- 1 resentatives and the Committee on Environment and Pub- 2 lic Works of the Senate a report on Highway Trust Fund 3 expenditures. 4 (b) PURPOSE.—The purpose of the report under sub- 5 section (a) shall be to gain an understanding of the ex- 6 penditures made by the trust fund, including for programs 7 funded under the Mass Transit Account and the Highway 8 Account. 9 (c) CONTENTS.—The report under subsection (a) 10 shall examine reimbursements to eligible recipients, in- 11 cluding States, territories, Indian tribes, transit agencies, 12 and Federal land management agencies, by— 13 (1) Federal-aid highway program; and 14 (2) category of eligible project costs including— 15 (A) administrative costs; 16 (B) development phase activities, including 17 transportation planning; 18 (C) construction; 19 (D) maintenance; 20 (E) transit capital projects; 21 (F) operational improvements; 22 (G) safety improvements; and 23 (H) any other category that the Comp- 24 troller General determines necessary. 25 742 •HR 3684 EH SEC. 1644. RURAL OPPORTUNITIES TO USE TRANSPOR- 1 TATION FOR ECONOMIC SUCCESS INITIATIVE. 2 (a) IN GENERAL.—The Secretary of Transportation 3 shall establish the Rural Opportunities to Use Transpor- 4 tation for Economic Success Initiative (hereinafter re- 5 ferred to as the ‘‘ROUTES Office’’), to— 6 (1) improve analysis of rural projects applying 7 for Department of Transportation discretionary 8 grants, including ensuring that project costs, local 9 resources, and the larger benefits to the American 10 people and the economy are appropriately consid- 11 ered; and 12 (2) provide rural communities with technical as- 13 sistance for meeting the Nation’s transportation in- 14 frastructure investment need in a financially sustain- 15 able manner. 16 (b) OBJECTIVES.—The ROUTES Office shall— 17 (1) collect input from knowledgeable entities 18 and the public on the benefits of rural transpor- 19 tation projects, the technical and financial assistance 20 required for constructing and operating rural trans- 21 portation infrastructure and services, and barriers 22 and opportunities to funding such rural transpor- 23 tation projects; 24 (2) evaluate data on rural transportation chal- 25 lenges and determining methods to align the Depart- 26 743 •HR 3684 EH ment of Transportation’s discretionary funding and 1 financing opportunities with the needs of rural com- 2 munities for meeting National transportation goals; 3 and 4 (3) educate rural communities about applicable 5 Department of Transportation discretionary grants, 6 developing effective methods to evaluate rural 7 projects in discretionary grant programs, and com- 8 municating those methods through program guid- 9 ance. 10 (c) ROUTES COUNCIL.— 11 (1) IN GENERAL.—The Secretary shall establish 12 the ROUTES Council (hereinafter referred to as the 13 ‘‘Council’’) to— 14 (A) organize, guide, and lead the 15 ROUTES Office; and 16 (B) coordinate rural-related funding pro- 17 grams and assistance among the modal admin- 18 istrations. 19 (2) MEMBERSHIP.— 20 (A) IN GENERAL.—The Council shall be 21 composed of the following officers of the De- 22 partment of Transportation, or their designees: 23 (i) The Under Secretary of Transpor- 24 tation for Policy. 25 744 •HR 3684 EH (ii) The General Counsel. 1 (iii) The Chief Financial Officer and 2 Assistant Secretary for Budget and Pro- 3 grams. 4 (iv) The Assistant Secretary for Re- 5 search and Technology. 6 (v) The Administrators of the— 7 (I) Federal Aviation Administra- 8 tion; 9 (II) Federal Highway Adminis- 10 tration; 11 (III) Federal Railroad Adminis- 12 tration; and 13 (IV) Federal Transit Administra- 14 tion. 15 (vi) The Chief Infrastructure Funding 16 Officer. 17 (vii) The Assistant Secretary of Gov- 18 ernment Affairs. 19 (viii) The Director of the Office of 20 Public Affairs. 21 (B) CHAIR.—The Under Secretary of 22 Transportation for Policy shall be the Chair of 23 the Council. 24 745 •HR 3684 EH (C) ADDITIONAL MEMBERS.—The Sec- 1 retary of Transportation or the Chair of the 2 Council may designate additional members to 3 serve on the Council. 4 (3) ADDITIONAL MODAL INPUT.—To address 5 issues related to safety and transport of rural com- 6 modities, the Council shall consult with the Adminis- 7 trators (or their designees) of the— 8 (A) Maritime Administration; 9 (B) Great Lakes St. Lawrence Seaway De- 10 velopment Corporation; and 11 (C) National Highway Traffic Safety Ad- 12 ministration. 13 (4) DUTIES.—Members of the Council shall— 14 (A) participate in all meetings and relevant 15 Council activities and be prepared to share in- 16 formation relevant to rural transportation infra- 17 structure projects and issues; 18 (B) provide guidance and leadership on 19 rural transportation infrastructure issues and 20 represent the work of the Council and Depart- 21 ment of Transportation on such issues to exter- 22 nal stakeholders; and 23 746 •HR 3684 EH (C) recommend initiatives to the Chair of 1 the Council to consider, establish, and staff any 2 resulting activities or working groups. 3 (5) MEETINGS.—The Council shall meet bi- 4 monthly. 5 (6) WORK PRODUCTS AND DELIVERABLES.— 6 The Council my develop work products or 7 deliverables to meet its goals, including— 8 (A) an annual report to Congress describ- 9 ing Council activities for the past year and ex- 10 pected activities for the coming year; 11 (B) any recommendations to enhance the 12 effectiveness of Department of Transportation 13 discretionary grant programs regarding rural 14 infrastructure issues; and 15 (C) other guides and reports for relevant 16 groups and the public. 17 SEC. 1645. GAO STUDY ON VULNERABILITIES TO CERTAIN 18 THREATS. 19 Not later than 1 year after the date of enactment 20 of this Act, the Comptroller General of the United States 21 shall conduct a study and submit a report on the 22 vulnerabilities facing the United States transportation sys- 23 tem, including risks to intelligent transportation systems 24 and other connected systems from ransomware and other 25 747 •HR 3684 EH cybersecurity threats. Such report shall be submitted to 1 the Committee on Transportation and Infrastructure of 2 the House of Representatives and the Committee on Com- 3 merce, Science, and Transportation of the Senate and in- 4 clude a summary of findings and any recommendations 5 to protect against any such vulnerabilities. 6 SEC. 1646. EXTENSION OF NHA AUTHORIZATIONS. 7 (a) SHORT TITLE.—The section may be referred to 8 as the ‘‘National Heritage Area Authorization Extension 9 Act of 2021’’. 10 (b) IN GENERAL.—Notwithstanding any other provi- 11 sion of law, the authorization of appropriations for each 12 National Heritage Area with an authorization expiring in 13 2021 is extended through September 30, 2023. 14 (c) NATIONAL HERITAGE AREA DEFINED.—For the 15 purposes of subsection (b), the term ‘‘National Heritage 16 Area’’ means each of the following: 17 (1) A National Heritage Area. 18 (2) A National Heritage Corridor. 19 (3) A Cultural Heritage Corridor. 20 (4) A Heritage Preservation Commission. 21 (5) A National Heritage Route. 22 (6) A Heritage Partnership. 23 (7) A National Heritage Partnership. 24 (8) A National Historic District. 25 748 •HR 3684 EH (9) An area designated as a national heritage 1 area through Federal Statute. 2 (d) MANAGEMENT PLAN EXTENSION.—Section 3 6001(c) of the John D. Dingell, Jr. Conservation, Man- 4 agement, and Recreation Act (Public Law 116–9; 54 5 U.S.C. 320101 note) is amended— 6 (1) in paragraph (1), by striking ‘‘3 years after 7 the date of enactment of this Act’’ and inserting 8 ‘‘September 30, 2023’’; and 9 (2) in paragraph (3), by striking ‘‘the date that 10 is 3 years after the date of enactment of this Act’’ 11 and inserting ‘‘September 30, 2023’’. 12 SEC. 1647. ELECTRIC VEHICLE WORKING GROUP. 13 (a) ESTABLISHMENT OF WORKING GROUP.—Not 14 later than 240 days after the date of enactment of this 15 Act, the Secretary of Transportation and the Secretary of 16 Energy shall jointly establish a working group consisting 17 of Federal and non-Federal stakeholders to make rec- 18 ommendations on the development, adoption, and integra- 19 tion of light and heavy duty electric vehicles into the trans- 20 portation and energy systems of the United States. 21 (b) MEMBERSHIP.— 22 (1) IN GENERAL.—The working group shall be 23 composed of— 24 749 •HR 3684 EH (A) the Secretaries (or designees), who 1 shall be co-chairs of the working group; and 2 (B) relevant Federal and non-Federal 3 stakeholders, as determined by the Secretaries. 4 (2) REQUIREMENT.—The Secretaries shall en- 5 sure that the members of the working group include 6 individuals with a balance of backgrounds, experi- 7 ences, view points, and represent geographically di- 8 verse regions of the United States. 9 (c) MEETINGS.—The working group shall meet not 10 less frequently than once every 120 days. 11 (d) JOINT REPORT AND STRATEGY ON ELECTRIC 12 VEHICLE ADOPTION, OPPORTUNITIES, AND CHAL- 13 LENGES.— 14 (1) IN GENERAL.—The Secretaries, in consulta- 15 tion with the working group, shall submit to Con- 16 gress, a report on the status of electric vehicle adop- 17 tion, opportunities, and challenges to expanding 18 adoption of electric vehicles, and develop strategies 19 to address these opportunities and challenges. 20 (2) DEADLINES.—A joint report and strategy 21 shall be submitted to Congress by September 30, 22 2025. 23 750 •HR 3684 EH (e) TERMINATION.—The working group shall termi- 1 nate on the date on which the report and strategy under 2 subsection (d) are submitted. 3 SEC. 1648. SENSE OF THE CONGRESS ON SOIL AND ERO- 4 SION CONTROL FOR HIGHWAY PROJECTS. 5 It is the sense of Congress that— 6 (1) federally funded construction projects 7 should seek to— 8 (A) incorporate products and materials 9 that support environmental sustainability; 10 (B) ensure the health and safety of fish 11 and wildlife; and 12 (C) consist of recycled or biobased prod- 13 ucts; and 14 (2) State departments of transportation should 15 support environmental sustainability, to the max- 16 imum extent practicable, in procurement decisions. 17 SEC. 1649. LOCAL PROJECT DELIVERY IMPROVEMENTS. 18 (a) HIGH-PERFORMING LOCAL PUBLIC AGENCY DES- 19 IGNATION.— 20 (1) IN GENERAL.—The Secretary shall des- 21 ignate high-performing local public agencies based 22 on the criteria in paragraph (3) and consistent with 23 the process described under paragraph (4) to be eli- 24 gible to exercise the project delivery methods de- 25 751 •HR 3684 EH scribed under this section for projects funded under 1 title 23, United States Code. 2 (2) AUTHORITY.—Nothing in this section shall 3 be construed to prohibit a local public agency from 4 taking any action otherwise authorized to secure and 5 expend Federal funds authorized under chapter 1 of 6 title 23, United States Code. 7 (3) CRITERIA.—In designating a high-per- 8 forming local public agency under this section, the 9 Secretary shall consider the legal, financial, and 10 technical capacity of the applicant. 11 (4) REQUIREMENTS.— 12 (A) CALL FOR NOMINATION.—The Sec- 13 retary shall solicit applications for designation 14 under this section. 15 (B) GUIDANCE.—The call for nomination 16 under paragraph (1) shall include guidance on 17 the requirements and responsibilities of a high- 18 performing local public agency under this sec- 19 tion. 20 (C) DETERMINATION.— 21 (i) IN GENERAL.—The Secretary shall 22 have discretion to make any designation 23 under this section. 24 752 •HR 3684 EH (ii) APPROVAL.—The Secretary may 1 approve for participation under this pro- 2 gram any direct recipient under section 3 1305 of this Act based on the application 4 under such section. Such approval shall 5 only apply to the direct recipient unless the 6 Secretary determines it is appropriate, 7 based on the criteria in subsection (a)(3), 8 to extend the approval to 1 or more sub- 9 recipients of the direct recipient. 10 (5) TERM.—Except as provided in paragraph 11 (6), a designation under this subsection— 12 (A) shall be for a period of not less than 13 5 years; and 14 (B) may be renewable. 15 (6) TERMINATION.—The Secretary shall estab- 16 lish procedures for the termination of a designation 17 under this subsection. 18 (7) LIMITATION.—The Secretary may establish 19 a limitation on the number of participants in the 20 program, based on the availability of administrative 21 resources and the capacity to provide sufficient over- 22 sight of the program established under this section. 23 (b) PROJECT DELIVERY.— 24 (1) IN GENERAL.— 25 753 •HR 3684 EH (A) METHODS.—The high-performing local 1 public agency may, consistent with the agree- 2 ment entered into with the Secretary under 3 subsection(c), utilize 1 or more of the project 4 delivery methods described in this subsection, 5 notwithstanding the adoption of such methods 6 by the State. 7 (B) RULE OF CONSTRUCTION.—Nothing in 8 this section shall be construed to prohibit a 9 local public agency from using a project delivery 10 method otherwise available to such local public 11 agency under title 23, United States Code. 12 (2) FORCE ACCOUNT.—Notwithstanding sub- 13 sections (a) and (b) of section 112 of title 23, 14 United States Code, a high-performing local public 15 agency may, subject to the terms of the agreement 16 under subsection (c), complete the construction (as 17 such term is defined under section 101 of such title) 18 of a Federal-aid highway project by force account, 19 provided the recipient is qualified to perform the 20 work in a satisfactory manner based on the criteria 21 in subsection (a)(3), as determined by the Secretary. 22 (3) INDEFINITE DELIVERY AND INDEFINITE 23 QUANTITY CONTRACTING.—Subject to the terms of 24 the agreement under subsection (c), a high-per- 25 754 •HR 3684 EH forming local public agency may use indefinite quan- 1 tity and indefinite delivery contracting, including job 2 order contracting, consistent with the process de- 3 scribed under subpart F of part 635 of title 23, 4 Code of Federal Regulations. If determined appro- 5 priate by the Secretary, the high-performing local 6 public agency may submit an indefinite delivery and 7 indefinite quantity contracting procedures plan di- 8 rectly to the Secretary for approval. 9 (4) ASSUMPTION OF RESPONSIBILITIES OF 10 STATE DEPARTMENTS OF TRANSPORTATION.— 11 (A) IN GENERAL.—Subject to the terms of 12 the agreement under subsection (c), a high-per- 13 forming local public agency may assume, in lieu 14 of a State, for projects covered by an agreement 15 under subsection (c)— 16 (i) the Federal-aid highway project 17 approval, determination, and oversight re- 18 sponsibilities that a State may assume 19 under section 106 of title 23, United 20 States Code; and 21 (ii) the responsibility that a State may 22 assume, under section 326 of title 23, 23 United States Code, for determining 24 whether certain designated activities are 25 755 •HR 3684 EH included within classes of action identified 1 in regulation by the Secretary that are cat- 2 egorically excluded from requirements for 3 environmental assessments or environ- 4 mental impact statements. 5 (B) TERMS.—In assuming the responsibil- 6 ities under subparagraph (A), the high-per- 7 forming local public agency shall be subject to 8 the same terms, conditions, and requirements 9 at the discretion of the Secretary as would be 10 a State under sections 106(c) and 326 of title 11 23, United States Code, and any associated reg- 12 ulations and procedures. 13 (c) AGREEMENT.— 14 (1) IN GENERAL.— 15 (A) AUTHORITY.—The Secretary and the 16 high-performing local public agency shall enter 17 into an agreement relating to the extent to 18 which the local public agency may assume the 19 authorities described under this section. 20 (B) DISCRETION.—The Secretary shall 21 have the discretion to enter into an agreement 22 under this section for one or more of the 23 project delivery methods described in subsection 24 (b). 25 756 •HR 3684 EH (C) SCOPE.— 1 (i) IN GENERAL.—The Secretary may 2 make an approval to assume the respon- 3 sibilities described under subsection (b) on 4 a single-project, multiple-project, project- 5 type, or programmatic basis. 6 (ii) COVERED PROJECTS.—The au- 7 thority described under this section may 8 apply to any Federal-aid highway project 9 carried out within the jurisdiction of the 10 high-performing local public agency, at the 11 discretion of the Secretary. 12 (2) SELF-CERTIFICATION OF COMPLIANCE.— 13 (A) IN GENERAL.—The high-performing 14 local public agency may, at the discretion of the 15 Secretary, provide for self-certification of com- 16 pliance for the responsibilities assumed pursu- 17 ant to the agreement established under this sec- 18 tion. The Secretary shall establish procedures 19 governing such self-certification of compliance, 20 including the frequency of such certification. 21 (B) OVERSIGHT.—If the high-performing 22 local public agency assumes the role of self-cer- 23 tification of compliance as described under 24 clause (i), the Secretary shall establish proce- 25 757 •HR 3684 EH dures to conduct risk-based stewardship and 1 oversight of a local public agency’s performance 2 of the assumed responsibilities specified in the 3 agreement under this subsection, as determined 4 necessary or appropriate by the Secretary. 5 (3) ASSISTANCE TO LOCAL PUBLIC AGEN- 6 CIES.—On request of a local public agency, the Sec- 7 retary shall provide to the local public agency tech- 8 nical assistance, training, or other support relating 9 to— 10 (A) assuming responsibilities under this 11 section; 12 (B) developing an agreement under this 13 subsection; or 14 (C) addressing a responsibility under this 15 section in need of corrective action. 16 (4) ADOPTION OF STATE PROCEDURES.—Ex- 17 cept as otherwise provided in the agreement between 18 the Secretary and the high performing local agency, 19 the local public agency shall use any manuals, stand- 20 ards, procedures, and specifications utilized by the 21 State, as determined appropriate by the Secretary. 22 (5) CONSULTATION.—In establishing the agree- 23 ment under this section, the Secretary may require 24 758 •HR 3684 EH the local public agency to consult with the State de- 1 partment of transportation, as appropriate. 2 (d) RULE OF CONSTRUCTION.—Nothing in this sec- 3 tion shall be construed to limit the ability of a high-per- 4 forming local public agency to partner with a State depart- 5 ment of transportation or other recipient of Federal funds 6 under title 23, United States Code, or chapter 53 of title 7 49, United States Code, to carry out a project. 8 (e) SAVINGS CLAUSE.—Except as provided in this 9 section, all applicable requirements of title 23, United 10 States Code, shall apply to projects carried out under this 11 section. 12 (f) FUNDING.—The Secretary may use for program 13 management, oversight, and technical assistance to high- 14 performing local public agencies amounts made available 15 under section 1305(c)(2) of this Act for technical assist- 16 ance and administration. 17 (g) REPORT.— 18 (1) LOCAL PUBLIC AGENCY REPORT.—Not later 19 than 60 days after the end of each fiscal year, each 20 local public agency designated under this section 21 shall submit to the Secretary a report that in- 22 cludes— 23 (A) a list of projects carried out under this 24 section; 25 759 •HR 3684 EH (B) a description of the authorities as- 1 sumed under subsection (b), including a sum- 2 mary of the project types carried out under 3 such authorities; 4 (C) recommendations, if any— 5 (i) on other authorities that would be 6 appropriate to assume under this section; 7 and 8 (ii) to improve the effectiveness of the 9 program under this section. 10 (2) REPORT TO CONGRESS.—Not later than Oc- 11 tober 1, 2024, the Secretary shall submit to the 12 Committee on Transportation and Infrastructure of 13 the House of Representatives and the Committee on 14 Environment and Public Works of the Senate a re- 15 port that— 16 (A) summarizes the findings of each local 17 public agency provided under paragraph (1); 18 (B) describes the efforts undertaken by 19 both local public agencies and the Secretary to 20 ensure compliance with the requirements of title 21 23, United States Code; and 22 (C) provides recommendations from the 23 Secretary to— 24 760 •HR 3684 EH (i) improve the administration, over- 1 sight, and performance of the program es- 2 tablished under this section; 3 (ii) improve the effectiveness of 4 project delivery for local public agencies; 5 (iii) evaluate options to expand the 6 authority provided under this section; and 7 (iv) provide legislative recommenda- 8 tions, if any, based on the outcomes of the 9 program. 10 SEC. 1650. UTILIZATION OF QUALIFIED ELECTRICIANS. 11 (a) RULEMAKING.—Not later than 6 months after 12 the date of enactment of this Act, the Secretary of Trans- 13 portation and the Secretary of Energy shall each promul- 14 gate regulations requiring the utilization of qualified elec- 15 tricians in the construction, installation, operation and 16 maintenance of electric vehicle charging stations assisted, 17 in whole or in part, by funding provided under this Act. 18 (b) DEFINITION OF QUALIFIED ELECTRICIAN.—In 19 this section, the term ‘‘qualified electrician’’ means an 20 electrician who has completed training under the Electric 21 Vehicle Infrastructure Training Program (EVITP) and 22 obtained an EVITP certification. 23 761 •HR 3684 EH SEC. 1651. GAO STUDY ON THE IMPACT OF DRUNK DRIVING 1 CHILD ENDANGERMENT LAWS. 2 (a) IN GENERAL.—Not later than 1 year after the 3 date of the enactment of this Act, the Comptroller General 4 of the United States shall submit to Congress a report 5 on the impact and effectiveness of drunk driving child 6 endangerment laws, and ways in which child 7 endangerment laws can be strengthened to protect chil- 8 dren who may be passengers in vehicles driven by drunk 9 drivers. 10 (b) CONTENTS.—The report required under this sec- 11 tion shall— 12 (1) review State laws to determine best prac- 13 tices, comparing State laws in which driving drunk 14 with a child is considered a felony versus a mis- 15 demeanor, as well as review effective ways in which 16 States mandate or encourage reporting and docu- 17 mentation of child endangerment; and 18 (2) make recommendations as to how State 19 laws can be improved to protect children from riding 20 as passengers in vehicles driven by drunk drivers, in- 21 cluding increased penalties, reporting requirements, 22 and coordination with child protective services. 23 762 •HR 3684 EH SEC. 1652. REGIONAL INFRASTRUCTURE ACCELERATOR 1 DEOMONSTRATION PROGRAM. 2 Section 1441 of the FAST Act (23 U.S.C. 601 note) 3 is amended— 4 (1) in subsection (d)— 5 (A) by redesignating paragraphs (1) and 6 (2) as paragraphs (2) and (3), respectively; and 7 (B) by inserting before paragraph (1) the 8 following: 9 ‘‘(1) the need for projects that address air qual- 10 ity in areas— 11 ‘‘(A) that have been designated as non- 12 attainment area under section 107(d) of the 13 Clean Air Act (42 U.S.C. 7407(d)); or 14 ‘‘(B) that are maintenance areas (as such 15 term is defined in section 101(a) of title 23, 16 United States Code);’’; and 17 (2) in subsection (f) by striking ‘‘$12,000,000’’ 18 inserting ‘‘$13,600,000 out of the general fund of 19 the Treasury for each fiscal year’’. 20 SEC. 1653. CLIMATE-SAFE INFRASTRUCTURE WORKING 21 GROUP. 22 (a) ESTABLISHMENT.—Not later than 3 months after 23 the date of enactment of this Act, the Secretary of Trans- 24 portation shall establish a working group, to be known as 25 the ‘‘Climate-Safe Infrastructure Working Group’’ (in this 26 763 •HR 3684 EH section referred to as the ‘‘Working Group’’), to examine 1 how to integrate scientific data regarding the projected 2 impacts and risks of climate change into infrastructure 3 planning, design, engineering, construction, operation, and 4 maintenance that is funded by the Federal Government. 5 (b) COMPOSITION.—The Working Group shall consist 6 of the following: 7 (1) One or more representatives from each of 8 the Federal agencies that participate in the U.S. 9 Global Change Research Program. 10 (2) One or more representatives from the De- 11 partment of the Treasury. 12 (3) One or more professional engineers with rel- 13 evant expertise in infrastructure design. 14 (4) One or more scientists from the National 15 Academy of Sciences. 16 (5) One or more scientists, social scientists, and 17 experts from academic and research institutions who 18 have expertise in— 19 (A) climate change projections and im- 20 pacts; 21 (B) engineering; 22 (C) architecture; or 23 (D) other relevant areas of expertise. 24 764 •HR 3684 EH (6) One or more licensed architects with rel- 1 evant expertise in infrastructure design. 2 (7) One or more certified planners with relevant 3 expertise in climate change impacts. 4 (8) One or more representatives of State, local, 5 and Tribal governments. 6 (9) One or more representatives of environ- 7 mental justice groups. 8 (c) DUTIES.—The Working Group shall consider and 9 examine, at a minimum, the following matters: 10 (1) The current informational and institutional 11 barriers to integrating scientific data regarding the 12 projected impacts and risks of climate change into 13 infrastructure planning, design, engineering, con- 14 struction, operation, and maintenance that is funded 15 by the Federal Government. 16 (2) The critical information needed by engi- 17 neers, certified planners, Federal, State, and local 18 governments, and other persons charged with infra- 19 structure upgrades and maintenance to better ad- 20 dress the impacts and risks of climate change over 21 the lifetime of infrastructure projects. 22 (3) With respect to Federal investment and 23 planning for infrastructure, how to select an appro- 24 765 •HR 3684 EH priate, adaptive engineering design for a range of fu- 1 ture climate scenarios. 2 (4) How to incentivize and incorporate trans- 3 portation systems thinking, considering how various 4 transportation and infrastructure projects are linked 5 together in a metropolitan region or community, into 6 regional planning and engineering design to ensure 7 the social, economic, and environmental benefits of 8 transportation and infrastructure projects are maxi- 9 mized. 10 (5) With respect to Federal investment and 11 planning for infrastructure, how to take account of 12 the risks of cascading infrastructure failures and de- 13 velop more holistic and equitable approaches to eval- 14 uating and mitigating risks of climate change. 15 (6) How to ensure that Federal investments in 16 infrastructure resilience benefit all communities, in- 17 cluding communities of color, low-income commu- 18 nities, Tribal communities, and other communities 19 that face a disproportionate risk from climate 20 change and may have experienced long-standing 21 unmet needs and underinvestment in critical infra- 22 structure. 23 766 •HR 3684 EH (7) How Federal agencies can track and mon- 1 itor federally-funded climate resilient infrastructure 2 in a coordinated fashion to— 3 (A) help build an understanding of the 4 costs and benefits of climate resilient infra- 5 structure; 6 (B) build the capacity for climate resilient 7 infrastructure; and 8 (C) plan for investments for the future. 9 (d) COORDINATION AND CONSIDERATIONS.—In car- 10 rying out its duties, the Working Group shall— 11 (1) coordinate with other Federal climate 12 change adaptation planning efforts and strategies 13 that advance reliability and safety in infrastructure, 14 including the Mitigation Framework Leadership 15 Group and the National Mitigation Investment 16 Strategy; and 17 (2) consider and build upon existing informa- 18 tion relating to climate change, including informa- 19 tion from the most recent National Climate Assess- 20 ment. 21 (e) PUBLIC INPUT.—In carrying out its duties, the 22 Working Group shall, prior to submission of a draft report 23 under subsection (f), engage in a public stakeholder proc- 24 ess by— 25 767 •HR 3684 EH (1) holding regional public meetings with key 1 stakeholders, including climate experts, infrastruc- 2 ture experts, State, local, and community groups, 3 and infrastructure finance and insurance experts; 4 and 5 (2) providing the public an opportunity to pro- 6 vide views, for a period of at least 60 days, to the 7 Working Group regarding the best way to incor- 8 porate scientific data regarding the projected im- 9 pacts and risks of climate change into infrastructure 10 planning, design, engineering, construction, oper- 11 ation, and maintenance that is funded by the Fed- 12 eral Government. 13 (f) PRELIMINARY RECOMMENDATIONS.— 14 (1) SUBMISSION.—Not later than 1 year after 15 the date of enactment of this Act, the Working 16 Group shall submit to the President and Congress a 17 draft report that includes preliminary recommenda- 18 tions addressing the each of the matters described in 19 subsection (c). 20 (2) PUBLIC COMMENT.—The Working Group 21 shall make draft report submitted under paragraph 22 (1) available to the public for comment for a period 23 of not less than 60 days prior to submission of the 24 final report under subsection (g). 25 768 •HR 3684 EH (g) FINAL RECOMMENDATIONS.—Not later than 2 1 years after the date of enactment of this Act, the Working 2 Group shall submit to the President and Congress a final 3 report that includes recommendations— 4 (1) addressing each of the matters described in 5 subsection (c); 6 (2) addressing critical information gaps and 7 challenges identified by the Working Group; 8 (3) for financing options for Federal, State, 9 local, Tribal, and territorial governments to help 10 fund climate-resilient infrastructure; 11 (4) for a platform or process to facilitate com- 12 munication between climate scientists, infrastructure 13 planners, engineers, and other relevant experts; 14 (5) for a stakeholder process— 15 (A) to engage with representatives of 16 State, local, Tribal, territorial, and community 17 groups regarding the specific challenges and in- 18 equities faced by historically marginalized com- 19 munities; and 20 (B) to provide outreach and education, 21 shared knowledge, and lessons learned about 22 climate-resilient infrastructure; and 23 (6) for a platform for tracking Federal funding 24 of climate-resilient infrastructure. 25 769 •HR 3684 EH SEC. 1654. UPDATES TO MANUAL ON UNIFORM TRAFFIC 1 CONTROL DEVICES. 2 (a) ADDRESSING ALL USERS EQUALLY.—The Sec- 3 retary shall ensure that current and future editions of the 4 Manual on Uniform Traffic Control Devices address all 5 users equally, including vulnerable road users such as pe- 6 destrians and cyclists. 7 (b) TIMING OF REGULAR UPDATES.—Pursuant to 8 the authority granted the Secretary in section 109 of title 9 23, United States Code, the Secretary shall review the ex- 10 isting guidance for when updates to the Manual on Uni- 11 form Traffic Control Devices occur and make any adjust- 12 ments to that guidance needed to ensure the Secretary is 13 timely updating the Manual on Uniform Traffic Control 14 Devices to take into account advances in design standards, 15 road markings, and traffic devices. The Secretary shall 16 consider requiring that the Manual on Uniform Traffic 17 Control Devices be reviewed at least once every 4 years 18 for any necessary updates. 19 SEC. 1655. DBE REPORT. 20 Not later than 18 months after the date of enactment 21 of this Act, the Comptroller General of the United States 22 shall submit to Congress, and make available to the public, 23 a report analyzing the Department of Transportation’s 24 performance measured against the 8 objectives of the Dis- 25 advantaged Business Enterprises Program under section 26 770 •HR 3684 EH 26.1 of title 49, Code of Federal Regulations. The report 1 shall identify and provide a list of recipients of Depart- 2 ment of Transportation funds, such recipient’s overall an- 3 nual Disadvantaged Business Enterprise goals 4 (disaggregated by percentage and dollar value), and the 5 information submitted in sections A and B of such recipi- 6 ent’s respective Uniform Reports of DBE Awards, Com- 7 mitments, and Payments for the previous 5 years. 8 SEC. 1656. STUDY ON IMPACT OF AIR POLLUTION FROM VE- 9 HICLES IDLING IN SCHOOL ZONES. 10 Not later than 1 year after the date of enactment 11 of this Act, the Secretary of Health and Human Services 12 and the Administrator of the Environmental Protection 13 Agency, acting jointly, shall— 14 (1) complete a study on the impacts on the 15 health of children related to the emission of air pol- 16 lutants from school buses and other vehicles idling 17 in school zones; and 18 (2) submit a report to the Congress on the re- 19 sults of such study. 20 SEC. 1657. FOREST SERVICE LEGACY ROADS AND TRAILS 21 REMEDIATION PROGRAM. 22 Public Law 88–657 (16 U.S.C. 532 et seq.) (com- 23 monly known as the ‘‘Forest Roads and Trails Act’’) is 24 amended by adding at the end the following: 25 771 •HR 3684 EH ‘‘SEC. 8. FOREST SERVICE LEGACY ROADS AND TRAILS RE- 1 MEDIATION PROGRAM. 2 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab- 3 lish the Forest Service Legacy Roads and Trails Remedi- 4 ation Program (referred to in this section as ‘the Pro- 5 gram’). 6 ‘‘(b) ADMINISTRATION.—The Program shall be ad- 7 ministered by the Secretary, acting through the Chief of 8 the Forest Service. 9 ‘‘(c) ACTIVITIES.—In carrying out the Program, the 10 Secretary shall, taking into account predicted changes in 11 weather and hydrology related to global climate change— 12 ‘‘(1) carry out storm damage risk reduction, in- 13 cluding deferred maintenance, repairs, road and trail 14 relocation, and associated activities on National For- 15 est System roads, National Forest System trails, 16 and tunnels and bridges under the jurisdiction of the 17 Forest Service; 18 ‘‘(2) restore waterways and natural migration 19 for fish and other aquatic species by removing, re- 20 pairing, or replacing culverts or other infrastructure 21 from such waterways; and 22 ‘‘(3) decommission National Forest System 23 roads and unauthorized roads and trails under Na- 24 tional Forest System jurisdiction in accordance with 25 subsection (f). 26 772 •HR 3684 EH ‘‘(d) PRIORITY.—In implementing the Program, the 1 Secretary shall give priority to projects that protect or re- 2 store— 3 ‘‘(1) water quality and watershed function; 4 ‘‘(2) a watershed that supplies a public drinking 5 water system; 6 ‘‘(3) the habitat of a threatened, endangered, or 7 sensitive fish or wildlife species, or species of con- 8 servation concern; or 9 ‘‘(4) a watershed for which the Secretary has 10 completed a watershed protection and restoration ac- 11 tion plan pursuant to section 304 of the Healthy 12 Forests Restoration Act of 2003 (16 U.S.C. 6543). 13 ‘‘(e) NATIONAL FOREST SYSTEM.—Except with re- 14 spect to a project carried out on a watershed for which 15 the Secretary has a cooperative agreement under section 16 323 of the Department of the Interior and Related Agen- 17 cies Appropriations Act, 1999 (16 U.S.C. 1011a), each 18 project carried out under this section shall be on a Na- 19 tional Forest System road, National Forest System trail, 20 or unauthorized road or trail under National Forest Sys- 21 tem jurisdiction. 22 ‘‘(f) UNNEEDED NATIONAL FOREST SYSTEM 23 ROADS.—As soon as practicable after identifying a road 24 as unneeded under subpart A of part 212 of title 36, Code 25 773 •HR 3684 EH of Federal Regulations (as in effect on the date of the 1 enactment of this section), the Secretary shall— 2 ‘‘(1) decommission such road; or 3 ‘‘(2) convert such road to a system trail. 4 ‘‘(g) REVIEW; REVISION.—The Secretary shall re- 5 view, and may revise, an identification made under sub- 6 part A of part 212 of title 36 Code of Federal Regulations 7 (as in effect on the date of enactment of this section). 8 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 9 is authorized to be appropriated to carry out this section 10 $100,000,000 for each of fiscal years 2021 through 11 2030.’’. 12 SEC. 1658. COMPTROLLER GENERAL REPORT ON HIGH- 13 SPEED INTERNET CONNECTIVITY IN FEDER- 14 ALLY-ASSISTED HOUSING. 15 (a) IN GENERAL.—Not later than 1 year after the 16 date of enactment of this Act, the Comptroller General 17 of the United States shall submit to Congress a report 18 on broadband service in Federally-assisted housing. 19 (b) CONTENTS.—The report required under sub- 20 section (a) shall include— 21 (1) an analysis of Federally-assisted housing 22 units that have access to broadband service and the 23 number of such units that do not have access to 24 broadband service, disaggregated by State, county, 25 774 •HR 3684 EH and congressional district, that includes geographic 1 information and any Federal agency responsible for 2 such units; 3 (2) an analysis of which such units are not cur- 4 rently capable of supporting broadband service de- 5 ployment and would require retrofitting to support 6 broadband service deployment, disaggregated by 7 State, county, and congressional district, that in- 8 cludes geographic information and any Federal 9 agency responsible for such units; 10 (3) an analysis of the estimated costs and time- 11 frame necessary for retrofitting buildings to achieve 12 100 percent access to broadband service; 13 (4) an analysis of the challenges to more wide- 14 spread deployment of broadband service, including 15 the comparative markets dynamics to expansion in 16 rural areas and low-income urban areas, and the 17 challenges to pursuing retrofits to achieve 100 per- 18 cent access to broadband service; 19 (5) descriptions of lessons learned from pre- 20 vious retrofitting actions; 21 (6) an evaluation of the ConnectHome pilot 22 program of the Secretary of Housing and Urban De- 23 velopment; and 24 775 •HR 3684 EH (7) recommendations for Congress for achieving 1 100 percent access to broadband service in Feder- 2 ally-assisted housing. 3 (c) DEFINITIONS.—In this section: 4 (1) BROADBAND SERVICE.—The term 5 ‘‘broadband service’’ has the meaning given the term 6 ‘‘broadband internet access service’’ in section 8.1(b) 7 of title 47, Code of Federal Regulations, or any suc- 8 cessor regulation. 9 (2) FEDERALLY-ASSISTED HOUSING.—In this 10 section, the term ‘‘Federally-assisted housing’’ 11 means— 12 (A) any single-family or multifamily hous- 13 ing that is assisted under a program adminis- 14 tered by the Secretary of Housing and Urban 15 Development or the Secretary of Agriculture; or 16 (B) housing eligible for a Federal low-in- 17 come housing tax credit. 18 SEC. 1659. HISTORIC PRESERVATION FUND. 19 Section 303102 of title 54, United States Code, is 20 amended by— 21 (1) striking ‘‘of fiscal years 2012 to 2023’’ and 22 inserting ‘‘fiscal year’’; and 23 (2) striking ‘‘$150,000,000’’ and inserting 24 ‘‘$300,000,000’’. 25 776 •HR 3684 EH SEC. 1660. HOV FACILITY REVIEW. 1 Section 166 of title 23, United States Code, is further 2 amended by adding at the end the following: 3 ‘‘(h) REVIEW AND REMOVAL.—If the Secretary of 4 Transportation determines appropriate, 10 years after 5 construction of an HOV facility operated in compliance 6 with this section, a State may— 7 ‘‘(1) conduct a review of such facility; and 8 ‘‘(2) remove such facility and repay any funds 9 associated with such facility.’’. 10 TITLE II—PUBLIC 11 TRANSPORTATION 12 Subtitle A—Federal Transit 13 Administration 14 SEC. 2101. AUTHORIZATIONS. 15 (a) IN GENERAL.—Section 5338 of title 49, United 16 States Code, is amended to read as follows: 17 ‘‘§ 5338. Authorizations 18 ‘‘(a) GRANTS.— 19 ‘‘(1) IN GENERAL.—There shall be available 20 from the Mass Transit Account of the Highway 21 Trust Fund to carry out sections 5305, 5307, 5308, 22 5310, 5311, 5312, 5314, 5318, 5320, 5328, 5335, 23 5337, 5339, and 5340— 24 ‘‘(A) $17,894,460,367 for fiscal year 2023; 25 ‘‘(B) $18,201,940,770 for fiscal year 2024; 26 777 •HR 3684 EH ‘‘(C) $18,551,676,708 for fiscal year 2025; 1 and 2 ‘‘(D) $18,901,573,693 for fiscal year 3 2026. 4 ‘‘(2) ALLOCATION OF FUNDS.—Of the amounts 5 made available under paragraph (1)— 6 ‘‘(A) $189,879,151 for fiscal year 2023, 7 $192,841,266 for fiscal year 2024, 8 $195,926,726 for fiscal year 2025, and 9 $199,002,776 for fiscal year 2026, shall be 10 available to carry out section 5305; 11 ‘‘(B) $7,505,830,848 for fiscal year 2023, 12 $7,622,921,809 for fiscal year 2024, 13 $7,744,888,558 for fiscal year 2025, and 14 $7,866,483,309 for fiscal year 2026 shall be al- 15 located in accordance with section 5336 to pro- 16 vide financial assistance for urbanized areas 17 under section 5307; 18 ‘‘(C) $101,510,000 for fiscal year 2023, 19 $103,093,556 for fiscal year 2024, 20 $104,743,053 for fiscal year 2025, and 21 $106,387,519 for fiscal year 2026 shall be 22 available for grants under section 5308; 23 ‘‘(D) $434,830,298 for fiscal year 2023, 24 $441,613,651 for fiscal year 2024, 25 778 •HR 3684 EH $448,679,469 for fiscal year 2025, and 1 $455,723,737 for fiscal year 2026 shall be 2 available to carry out section 5310, of which 3 not less than— 4 ‘‘(i) $5,075,500 for fiscal year 2023, 5 $5,154,678 for fiscal year 2024, 6 $5,237,153 for fiscal year 2025, and 7 $5,319,376 for fiscal year 2026 shall be 8 available to carry out section 5310(j); and 9 ‘‘(ii) $20,302,000 for fiscal year 2023, 10 $20,618,711 for fiscal year 2024, 11 $20,948,611 for fiscal year 2025, and 12 $21,277,504 for fiscal year 2026 shall be 13 available to carry out section 5310(k); 14 ‘‘(E) $1,025,199,724 for fiscal year 2023, 15 $1,041,192,839 for fiscal year 2024, 16 $1,057,851,925 for fiscal year 2025, and 17 $1,074,460,200 for fiscal year 2026 shall be 18 available to carry out section 5311, of which 19 not less than— 20 ‘‘(i) $55,679,500 for fiscal year 2023, 21 $56,392,100 for fiscal year 2024, 22 $57,134,374 for fiscal year 2025, and 23 $57,874,383 for fiscal year 2026 shall be 24 779 •HR 3684 EH available to carry out section 5311(c)(1); 1 and 2 ‘‘(ii) $50,755,000 for fiscal year 2023, 3 $51,546,778 for fiscal year 2024, 4 $52,371,526 for fiscal year 2025, and 5 $53,193,759 for fiscal year 2026 shall be 6 available to carry out section 5311(c)(2); 7 ‘‘(F) $53,498,300 for fiscal year 2023; 8 $54,020,873 for fiscal year 2024; $54,565,207 9 for fiscal year 2025; $55,107,881 for fiscal year 10 2026 shall be available to carry out section 11 5312, of which not less than— 12 ‘‘(i) $5,075,500 for fiscal year 2023, 13 $5,154,678 for fiscal year 2024, 14 $5,237,153 for fiscal year 2025, and 15 $5,319,376 for fiscal year 2026 shall be 16 available to carry out each of sections 17 5312(d)(3) and 5312(d)(4); 18 ‘‘(ii) $3,045,300 for fiscal year 2023, 19 $3,092,807 for fiscal year 2024, 20 $3,142,292 for fiscal year 2025, and 21 $3,191,626 for fiscal year 2026 shall be 22 available to carry out section 5312(h); 23 ‘‘(iii) $10,151,000 for fiscal year 24 2023, $10,309,356 for fiscal year 2024, 25 780 •HR 3684 EH $10,474,305 for fiscal year 2025, and 1 $10,638,752 for fiscal year 2026 shall be 2 available to carry out section 5312(i); and 3 ‘‘(iv) $10,075,500 for fiscal year 4 2023, $10,154,678 for fiscal year 2024, 5 $10,237,153 for fiscal year 2025, and 6 $10,319,376 shall be available to carry out 7 section 5312(j); 8 ‘‘(G) $23,347,300 for fiscal year 2023, 9 $23,711,518 for fiscal year 2024, $24,090,902 10 for fiscal year 2025, and $24,469,129 for fiscal 11 year 2026 shall be available to carry out section 12 5314, of which not less than— 13 ‘‘(i) $4,060,400 for fiscal year 2023, 14 $4,123,742 for fiscal year 2024, 15 $4,189,722 for fiscal year 2025, and 16 $4,255,501 for fiscal year 2026 shall be 17 available to carry out section of 5314(a); 18 ‘‘(ii) $5,075,500 for fiscal year 2023, 19 $5,154,678 for fiscal year 2024, 20 $5,237,153 for fiscal year 2025, and 21 $5,319,376 for fiscal year 2026 shall be 22 available to carry out section 5314(c); and 23 ‘‘(iii) $12,181,200 for fiscal year 24 2023, $12,371,227 for fiscal year 2024, 25 781 •HR 3684 EH $12,569,166 for fiscal year 2025, and 1 $12,766,502 for fiscal year 2026 shall be 2 available to carry out section 5314(b)(2); 3 ‘‘(H) $5,075,500 for fiscal year 2023, 4 $5,154,678 for fiscal year 2024, $5,237,153 for 5 fiscal year 2025, and $5,319,376 for fiscal year 6 2026 shall be available to carry out section 7 5318; 8 ‘‘(I) $30,453,000 for fiscal year 2023, 9 $30,928,067 for fiscal year 2024, $31,422,916 10 for fiscal year 2025, and $31,916,256 for fiscal 11 year 2026 shall be available to carry out section 12 5328, of which not less than— 13 ‘‘(i) $25,377,500 for fiscal year 2023, 14 $25,773,389 for fiscal year 2024, 15 $26,185,763 for fiscal year 2025, and 16 $26,596,880 for fiscal year 2026 shall be 17 available to carry out section of 5328(b); 18 and 19 ‘‘(ii) $2,537,750 for fiscal year 2023, 20 $2,577,339 for fiscal year 2024, 21 $2,618,576 for fiscal year 2025, and 22 $2,659,688 for fiscal year 2026 shall be 23 available to carry out section 5328(c); 24 782 •HR 3684 EH ‘‘(J) $4,060,400 for fiscal year 2023, 1 $4,123,742 for fiscal year 2024, $4,189,722 for 2 fiscal year 2025, and $4,255,501 for fiscal year 3 2026 shall be available to carry out section 4 5335; 5 ‘‘(K) $5,366,233,728 for fiscal year 2023, 6 $5,460,789,084 for fiscal year 2024, 7 $5,560,170,578 for fiscal year 2025, and 8 $5,660,288,417 for fiscal year 2026 shall be 9 available to carry out section 5337; 10 ‘‘(L) to carry out the bus formula program 11 under section 5339(a)— 12 ‘‘(i) $1,240,328,213 for fiscal year 13 2023, $1,259,667,334 for fiscal year 2024, 14 $1,279,832,171 for fiscal year 2025, and 15 $1,299,925,536 for fiscal year 2026; ex- 16 cept that 17 ‘‘(ii) 15 percent of the amounts under 18 clause (i) shall be available to carry out 19 5339(d); 20 ‘‘(M) $437,080,000 for fiscal year 2023, 21 $424,748,448 for fiscal year 2024, 22 $387,944,423 for fiscal year 2025, and 23 $351,100,151 for fiscal year 2026 shall be 24 available to carry out section 5339(b); 25 783 •HR 3684 EH ‘‘(N) $890,000,000 for fiscal year 2023, 1 $950,000,000 for fiscal year 2024, 2 $1,065,000,000 for fiscal year 2025, and 3 $1,180,000,000 for fiscal year 2026 shall be 4 available to carry out section 5339(c); and 5 ‘‘(O) $587,133,905 for each of fiscal years 6 2023 through 2026 shall be available to carry 7 out section 5340 to provide financial assistance 8 for urbanized areas under section 5307 and 9 rural areas under section 5311, of which— 10 ‘‘(i) $309,688,908 for each of fiscal 11 years 2023 through 2026 shall be for 12 growing States under section 5340(c); and 13 ‘‘(ii) $277,444,997 for each of fiscal 14 years 2023 through 2026 shall be for high 15 density States under section 5340(d). 16 ‘‘(b) CAPITAL INVESTMENT GRANTS.—There are au- 17 thorized to be appropriated to carry out section 5309 18 $3,500,000,000 for fiscal year 2023, $4,250,000,000 for 19 fiscal year 2024, $5,000,000,000 for fiscal year 2025, and 20 5,500,000,000 for fiscal year 2026. 21 ‘‘(c) ADMINISTRATION.— 22 ‘‘(1) IN GENERAL.—There are authorized to be 23 appropriated to carry out section 5334, 24 $142,060,785 for fiscal year 2023, $144,191,696 for 25 784 •HR 3684 EH fiscal year 2024, $146,412,248 for fiscal year 2025, 1 and 148,652,356 for fiscal year 2026. 2 ‘‘(2) SECTION 5329.—Of the amounts author- 3 ized to be appropriated under paragraph (1), not 4 less than $6,000,000 for each of fiscal years 2023 5 through 2026 shall be available to carry out section 6 5329. 7 ‘‘(3) SECTION 5326.—Of the amounts made 8 available under paragraph (2), not less than 9 $2,500,000 for each of fiscal years 2023 through 10 2026 shall be available to carry out section 5326. 11 ‘‘(d) OVERSIGHT.— 12 ‘‘(1) IN GENERAL.—Of the amounts made 13 available to carry out this chapter for a fiscal year, 14 the Secretary may use not more than the following 15 amounts for the activities described in paragraph 16 (2): 17 ‘‘(A) 0.5 percent of amounts made avail- 18 able to carry out section 5305. 19 ‘‘(B) 0.75 percent of amounts made avail- 20 able to carry out section 5307. 21 ‘‘(C) 1 percent of amounts made available 22 to carry out section 5309. 23 ‘‘(D) 1 percent of amounts made available 24 to carry out section 601 of the Passenger Rail 25 785 •HR 3684 EH Investment and Improvement Act of 2008 1 (Public Law 110–432; 126 Stat. 4968). 2 ‘‘(E) 0.5 percent of amounts made avail- 3 able to carry out section 5310. 4 ‘‘(F) 0.5 percent of amounts made avail- 5 able to carry out section 5311. 6 ‘‘(G) 1 percent of amounts made available 7 to carry out section 5337, of which not less 8 than 25 percent of such amounts shall be avail- 9 able to carry out section 5329 and of which not 10 less than 10 percent of such amounts shall be 11 made available to carry out section 5320. 12 ‘‘(H) 1 percent of amounts made available 13 to carry out section 5339 of which not less than 14 10 percent of such amounts shall be made 15 available to carry out section 5320. 16 ‘‘(I) 1 percent of amounts made available 17 to carry out section 5308. 18 ‘‘(2) ACTIVITIES.—The activities described in 19 this paragraph are as follows: 20 ‘‘(A) Activities to oversee the construction 21 of a major capital project. 22 ‘‘(B) Activities to review and audit the 23 safety and security, procurement, management, 24 786 •HR 3684 EH and financial compliance of a recipient or sub- 1 recipient of funds under this chapter. 2 ‘‘(C) Activities to provide technical assist- 3 ance generally, and to provide technical assist- 4 ance to correct deficiencies identified in compli- 5 ance reviews and audits carried out under this 6 section. 7 ‘‘(3) GOVERNMENT SHARE OF COSTS.—The 8 Government shall pay the entire cost of carrying out 9 a contract under this subsection. 10 ‘‘(4) AVAILABILITY OF CERTAIN FUNDS.— 11 Funds made available under paragraph (1)(C) shall 12 be made available to the Secretary before allocating 13 the funds appropriated to carry out any project 14 under a full funding grant agreement. 15 ‘‘(e) GRANTS AS CONTRACTUAL OBLIGATIONS.— 16 ‘‘(1) GRANTS FINANCED FROM HIGHWAY TRUST 17 FUND.—A grant or contract that is approved by the 18 Secretary and financed with amounts made available 19 from the Mass Transit Account of the Highway 20 Trust Fund pursuant to this section is a contractual 21 obligation of the Government to pay the Government 22 share of the cost of the project. 23 ‘‘(2) GRANTS FINANCED FROM GENERAL 24 FUND.—A grant or contract that is approved by the 25 787 •HR 3684 EH Secretary and financed with amounts from future 1 appropriations from the general fund of the Treas- 2 ury pursuant to this section is a contractual obliga- 3 tion of the Government to pay the Government share 4 of the cost of the project only to the extent that 5 amounts are appropriated for such purpose by an 6 Act of Congress. 7 ‘‘(f) AVAILABILITY OF AMOUNTS.—Amounts made 8 available by or appropriated under this section shall re- 9 main available until expended. 10 ‘‘(g) 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 a contract, sub- 14 contract, grant, or loan to an entity that is owned 15 or controlled by, is a subsidiary of, or is otherwise 16 related legally or financially to a corporation based 17 in a country that— 18 ‘‘(A) is identified as a nonmarket economy 19 country (as defined in section 771(18) of the 20 Tariff Act of 1930 (19 U.S.C. 1677(18))) as of 21 the date of enactment of the INVEST in Amer- 22 ica Act; 23 ‘‘(B) was identified by the United States 24 Trade Representative in the most recent report 25 788 •HR 3684 EH required by section 182 of the Trade Act of 1 1974 (19 U.S.C. 2242) as a priority foreign 2 country under subsection (a)(2) of that section; 3 and 4 ‘‘(C) is subject to monitoring by the Trade 5 Representative under section 306 of the Trade 6 Act of 1974 (19 U.S.C. 2416). 7 ‘‘(2) EXCEPTION.—For purposes of paragraph 8 (1), the term ‘otherwise related legally or financially’ 9 does not include a minority relationship or invest- 10 ment. 11 ‘‘(3) INTERNATIONAL AGREEMENTS.—This sub- 12 section shall be applied in a manner consistent with 13 the obligations of the United States under inter- 14 national agreements.’’. 15 (b) CONFORMING AMENDMENTS.— 16 (1) Section 5312(i)(1) of title 49, United States 17 Code, is amended by striking ‘‘5338(a)(2)(G)(ii)’’ 18 and inserting ‘‘5338(a)(2)(F)(iii)’’. 19 (2) Section 5333(b) of title 49, United States 20 Code, is amended by striking ‘‘5328, 5337, and 21 5338(b)’’ each place it appears and inserting ‘‘and 22 5337’’. 23 789 •HR 3684 EH (3) Section 5336 of title 49, United States 1 Code, is amended in subsection (d)(1) by striking 2 ‘‘5338(a)(2)(C)’’ and inserting ‘‘5338(a)(2)(B)’’. 3 (4) Subsections (c) and (d)(1) of section 5327 4 of title 49, United States Code, are amended by 5 striking ‘‘5338(f)’’ and inserting ‘‘5338(d)’’. 6 (5) Section 5340(b) of title 49, United States 7 Code, is amended by striking ‘‘5338(b)(2)(N)’’ and 8 inserting ‘‘5338(a)(2)(O)’’. 9 SEC. 2102. CHAPTER 53 DEFINITIONS. 10 Section 5302 of title 49, United States Code, is 11 amended— 12 (1) in paragraph (1)(E)— 13 (A) by striking ‘‘and the installation’’ and 14 inserting ‘‘, the installation’’; and 15 (B) by inserting ‘‘, charging stations and 16 docks for electric micromobility devices, and 17 bikeshare projects’’ after ‘‘public transportation 18 vehicles’’; 19 (2) in paragraph (3)— 20 (A) in subparagraph (G) by striking clause 21 (iii) and inserting the following: 22 ‘‘(iii) provides a fair share of revenue 23 established by the Secretary that will be 24 used for public transportation, except for a 25 790 •HR 3684 EH joint development that is a community 1 service (as defined by the Federal Transit 2 Administration), publicly operated facility, 3 or offers a minimum of 50 percent of units 4 as affordable housing, meaning legally 5 binding affordability restricted housing 6 units available to tenants with incomes 7 below 60 percent of the area median in- 8 come or owners with incomes below the 9 area median;’’; 10 (B) in subparagraph (M) strike ‘‘; or’’ and 11 insert a semicolon; 12 (C) in subparagraph (N)— 13 (i) by striking ‘‘no emission’’ and in- 14 serting ‘‘zero emission’’; and 15 (ii) by striking ‘‘(as defined in section 16 5339(c)) or facilities.’’ and inserting ‘‘or 17 facilities; or’’; and 18 (D) by adding at the end the following: 19 ‘‘(O) the employment of forensic consult- 20 ants, cybersecurity experts, or third-party pene- 21 tration testers to identify, evaluate, test, and 22 patch ransomware attack vulnerabilities.’’; and 23 (3) by adding at the end the following: 24 ‘‘(25) RESILIENCE.— 25 791 •HR 3684 EH ‘‘(A) IN GENERAL.—The term ‘resilience’ 1 means, with respect to a facility, the ability 2 to— 3 ‘‘(i) anticipate, prepare for, or adapt 4 to conditions; or 5 ‘‘(ii) withstand, respond to, or recover 6 rapidly from disruptions. 7 ‘‘(B) INCLUSIONS.—Such term includes, 8 with respect to a facility, the ability to— 9 ‘‘(i) resist hazards or withstand im- 10 pacts from disruptions; 11 ‘‘(ii) reduce the magnitude, duration, 12 or impact of a disruption; or 13 ‘‘(iii) have the absorptive capacity, 14 adaptive capacity, and recoverability to de- 15 crease vulnerability to a disruption. 16 ‘‘(26) ASSAULT ON A TRANSIT WORKER.—The 17 term ‘assault on a transit worker’ means any cir- 18 cumstance in which an individual knowingly, without 19 lawful authority or permission, and with intent to 20 endanger the safety of any individual, or with a 21 reckless disregard for the safety of human life, inter- 22 feres with, disables, or incapacitates any transit 23 worker while the transit worker is performing his or 24 her duties.’’. 25 792 •HR 3684 EH SEC. 2103. GENERAL PROVISIONS. 1 Section 5323 of title 49, United States Code, is 2 amended— 3 (1) in subsection (d)— 4 (A) in paragraph (1) by striking ‘‘urban 5 area’’ and inserting ‘‘urbanized area’’; 6 (B) by adding at the end the following: 7 ‘‘(3) EXCEPTIONS.—This subsection shall not 8 apply to financial assistance under this chapter— 9 ‘‘(A) in which the non-Federal share of 10 project costs are provided from amounts re- 11 ceived under a service agreement with a State 12 or local social service agency or private social 13 service organization pursuant to section 14 5307(d)(3)(E) or section 5311(g)(3)(C); 15 ‘‘(B) provided to a recipient or sub- 16 recipient whose sole receipt of such assistance 17 derives from section 5310; or 18 ‘‘(C) provided to a recipient operating a 19 fixed route service that is— 20 ‘‘(i) for a period of less than 15 days; 21 ‘‘(ii) accessible to the public; 22 ‘‘(iii) contracted by a local govern- 23 ment entity that provides local cost share 24 to the recipient; 25 793 •HR 3684 EH ‘‘(iv) not contracted for the purposes 1 of a convention or on behalf of a conven- 2 tion and visitors bureau; and 3 ‘‘(v) limited to the service area in 4 which the recipient provides regularly 5 scheduled public transportation service. 6 ‘‘(4) GUIDELINES.—The Secretary shall publish 7 guidelines for grant recipients and private bus oper- 8 ators that clarify when and how a transit agency 9 may provide the service in the event a registered 10 charter provider does not contact the customer, pro- 11 vide a quote, or provide the service.’’; 12 (2) in subsection (h)— 13 (A) in paragraph (1) by adding ‘‘or’’ at the 14 end; and 15 (B) by striking paragraph (2) and redesig- 16 nating paragraph (3) as paragraph (2); 17 (3) by striking subsection (j) and inserting the 18 following: 19 ‘‘(j) REPORTING ACCESSIBILITY COMPLAINTS.— 20 ‘‘(1) IN GENERAL.—The Secretary shall ensure 21 that an individual who believes that he or she, or a 22 specific class in which the individual belongs, has 23 been subjected to discrimination on the basis of dis- 24 ability by a State or local governmental entity, pri- 25 794 •HR 3684 EH vate nonprofit organization, or Tribe that operates a 1 public transportation service and is a recipient or 2 subrecipient of funds under this chapter, may, by 3 the individual or by an authorized representative, file 4 a complaint with the Department of Transportation. 5 ‘‘(2) PROCEDURES.—Not later than 1 year 6 after the date of enactment of the INVEST in 7 America Act, the Secretary shall implement proce- 8 dures that allow an individual to submit a complaint 9 described in paragraph (1) by phone, mail-in form, 10 and online through the website of the Office of Civil 11 Rights of the Federal Transit Administration. 12 ‘‘(3) NOTICE TO INDIVIDUALS WITH DISABIL- 13 ITIES.—Not later than 12 months after the date of 14 enactment of the INVEST in America Act, the Sec- 15 retary shall require that each public transit provider 16 and contractor providing paratransit services shall 17 include on a publicly available website of the service 18 provider, any related mobile device application, and 19 online service— 20 ‘‘(A) notice that an individual can file a 21 disability-related complaint with the local tran- 22 sit agency and the process and any timelines for 23 filing such a complaint; 24 795 •HR 3684 EH ‘‘(B) the telephone number, or a com- 1 parable electronic means of communication, for 2 the disability assistance hotline of the Office of 3 Civil Rights of the Federal Transit Administra- 4 tion; 5 ‘‘(C) notice that a consumer can file a dis- 6 ability related complaint with the Office of Civil 7 Rights of the Federal Transit Administration; 8 and 9 ‘‘(D) an active link to the website of the 10 Office of Civil Rights of the Federal Transit 11 Administration for an individual to file a dis- 12 ability-related complaint. 13 ‘‘(4) INVESTIGATION OF COMPLAINTS.—Not 14 later than 60 days after the last day of each fiscal 15 year, the Secretary shall publish a report that lists 16 the disposition of complaints described in paragraph 17 (1), including— 18 ‘‘(A) the number and type of complaints 19 filed with Department of Transportation; 20 ‘‘(B) the number of complaints inves- 21 tigated by the Department; 22 ‘‘(C) the result of the complaints that were 23 investigated by the Department including 24 whether the complaint was resolved— 25 796 •HR 3684 EH ‘‘(i) informally; 1 ‘‘(ii) by issuing a violation through a 2 noncompliance Letter of Findings; or 3 ‘‘(iii) by other means, which shall be 4 described; and 5 ‘‘(D) if a violation was issued for a com- 6 plaint, whether the Department resolved the 7 noncompliance by— 8 ‘‘(i) reaching a voluntary compliance 9 agreement with the entity; 10 ‘‘(ii) referring the matter to the Attor- 11 ney General; or 12 ‘‘(iii) by other means, which shall be 13 described. 14 ‘‘(5) REPORT.—The Secretary shall, upon im- 15 plementation of this section and annually thereafter, 16 submit to the Committee on Transportation and In- 17 frastructure of the House of Representatives, the 18 Committee on Banking, Housing, and Urban Affairs 19 of the Senate, and make publicly available a report 20 containing the information collected under this sec- 21 tion.’’; 22 (4) by striking subsection (m) and inserting the 23 following: 24 797 •HR 3684 EH ‘‘(m) PREAWARD AND POSTDELIVERY REVIEW OF 1 ROLLING STOCK PURCHASES.—The Secretary shall pre- 2 scribe regulations requiring a preaward and postdelivery 3 review of a grant under this chapter to buy rolling stock 4 to ensure compliance with bid specifications requirements 5 of grant recipients under this chapter. Under this sub- 6 section, grantee inspections and review are required, and 7 a manufacturer certification is not sufficient.’’; and 8 (5) by amending subsection (r) to read as fol- 9 lows: 10 ‘‘(r) REASONABLE ACCESS TO PUBLIC TRANSPOR- 11 TATION FACILITIES.— 12 ‘‘(1) IN GENERAL.—A recipient of assistance 13 under this chapter— 14 ‘‘(A) may not deny reasonable access for a 15 private intercity or charter transportation oper- 16 ator to federally funded public transportation 17 facilities, including intermodal facilities, park 18 and ride lots, and bus-only highway lanes; and 19 ‘‘(B) shall respond to any request for rea- 20 sonable access within 75 days of the receipt of 21 the request and, if a recipient of assistance 22 under this chapter denies access to a private 23 intercity or charter transportation operator 24 798 •HR 3684 EH based on the reasonable access standards, pro- 1 vide, in writing, the reasons for the denial. 2 ‘‘(2) DETERMINING REASONABLE ACCESS.—In 3 determining reasonable access under paragraph 4 (1)(A), capacity requirements of the recipient of as- 5 sistance and the extent to which access would be 6 detrimental or beneficial to existing public transpor- 7 tation services must be considered and demographic 8 makeup of the riders of a private intercity or charter 9 transportation operator may not be cited as a det- 10 riment to the provision of access. 11 ‘‘(3) NOTIFICATION.—If a private intercity or 12 charter transportation operator requesting access 13 under this subsection is denied such access by a re- 14 cipient of assistance under this chapter or does not 15 receive a written response within 75 days of submit- 16 ting the request, such operator may notify the Sec- 17 retary for purposes of inclusion in the report under 18 paragraph (4). 19 ‘‘(4) REPORT TO CONGRESS.—The Secretary 20 shall annually submit to the Committee on Trans- 21 portation and Infrastructure of the House of Rep- 22 resentatives and the Committee on Banking, Hous- 23 ing, and Urban Affairs of the Senate a report listing 24 799 •HR 3684 EH each instance reported under paragraph (3) in 1 which— 2 ‘‘(A) a private intercity or charter trans- 3 portation operator requested reasonable access 4 and was denied, and the reasons provided by 5 the recipient of assistance under this chapter 6 for the denial; and 7 ‘‘(B) a recipient of assistance under this 8 chapter did not respond to a request for reason- 9 able access within 75 days.’’. 10 SEC. 2104. MISCELLANEOUS PROVISIONS. 11 (a) STATE OF GOOD REPAIR GRANTS.—Section 12 5337(e) of title 49, United States Code, is amended by 13 adding at the end the following: 14 ‘‘(3) ACCESSIBILITY COSTS.—Notwithstanding 15 paragraph (1), the Federal share of the net project 16 cost of a project to provide accessibility improve- 17 ments consistent with standards in compliance with 18 the Americans with Disabilities Act of 1990 (42 19 U.S.C. 12101 et seq.) shall be 90 percent.’’. 20 (b) APPORTIONMENTS BASED ON GROWING STATES 21 AND HIGH DENSITY STATES FORMULA FACTORS.—Sec- 22 tion 5340(a) of title 49, United States Code, is amended 23 by inserting ‘‘and the District of Columbia’’ after ‘‘United 24 States’’. 25 800 •HR 3684 EH (c) TECHNICAL ASSISTANCE AND WORKFORCE DE- 1 VELOPMENT.—Section 5314 of title 49, United States 2 Code, is amended— 3 (1) in subsection (a)(1)(B)— 4 (A) in clause (i) by striking ‘‘; and’’ and 5 inserting a semicolon; 6 (B) in clause (ii) by striking ‘‘and vehicle 7 electronics.’’ and inserting ‘‘cybersecurity and 8 mitigating the threat of ransomware, and vehi- 9 cle electronics; and’’; and 10 (C) by adding at the end the following: 11 ‘‘(iii) technical assistance to assist re- 12 cipients with the impacts of a new census 13 count.’’; 14 (2) in subsection (a)(2)— 15 (A) by redesignating subparagraphs (H) 16 and (I) as subparagraphs (J) and (K), respec- 17 tively; and 18 (B) by inserting after subparagraph (G) 19 the following: 20 ‘‘(H) cybersecurity and mitigating the 21 threat of ransomware;’’; 22 (3) in subsection (b)(1)(B) by striking ‘‘fe- 23 males’’ and inserting ‘‘women’’; and 24 801 •HR 3684 EH (4) in subsection (c)(4)(A) by inserting ‘‘, and 1 not more than 2 percent of amounts under 5311,’’ 2 after ‘‘5339’’. 3 (d) NATIONAL TRANSIT DATABASE.—Section 5335 4 of title 49, United States Code, is amended— 5 (1) in subsection (a) by inserting ‘‘, including 6 information on transit routes and ridership on those 7 routes’’ after ‘‘public sector investment decision’’; 8 and 9 (2) in subsection (c) by inserting ‘‘, any data on 10 each assault on a transit worker, and pedestrian in- 11 juries and fatalities as a result of an impact with a 12 bus. Each of the data sets shall be publicly reported 13 without aggregating the data with other safety data’’ 14 after ‘‘by the recipient’’. 15 (e) URBANIZED AREA FORMULA GRANTS.—Section 16 5307 of title 49, United States Code, is amended— 17 (1) in subsection (a)(2)(A)— 18 (A) in clause (i) by striking ‘‘or’’ at the 19 end; and 20 (B) by adding at the end the following: 21 ‘‘(iii) operate a minimum of 101 buses 22 and a maximum of 125 buses in fixed 23 route service or demand response service, 24 excluding ADA complementary paratransit 25 802 •HR 3684 EH service, during peak service hours, in an 1 amount not to exceed 25 percent of the 2 share of the apportionment which is attrib- 3 utable to such systems within the urban- 4 ized area, as measured by vehicle revenue 5 hours; or’’; 6 (2) in subsection (a)(2)(B)— 7 (A) in clause (i) by striking ‘‘or’’ at the 8 end; 9 (B) in clause (ii) by striking the period at 10 the end and inserting ‘‘; or’’; and 11 (C) by adding at the end the following: 12 ‘‘(iii) operate a minimum of 101 buses 13 and a maximum of 125 buses in fixed 14 route service or demand response service, 15 excluding ADA complementary paratransit 16 service, during peak service hours, in an 17 amount not to exceed 25 percent of the 18 share of the apportionment allocated to 19 such systems within the urbanized area, as 20 determined by the local planning process 21 and included in the designated recipient’s 22 final program of projects prepared under 23 subsection (b).’’; and 24 (3) in subsection (b)— 25 803 •HR 3684 EH (A) in paragraph (6) by striking ‘‘and’’ at 1 the end; 2 (B) by redesignating paragraph (7) as 3 paragraph (8); and 4 (C) by inserting after paragraph (6) the 5 following: 6 ‘‘(7) ensure that the proposed program of 7 projects provides improved access to transit for the 8 individuals described in section 5336(j); and’’. 9 (f) TECHNICAL CORRECTION.—Section 10 5307(a)(2)(B)(ii) of title 49, United States Code, is 11 amended by striking ‘‘service during peak’’ and inserting 12 ‘‘service, during peak’’. 13 (g) TRANSPORTATION DEVELOPMENT CREDITS AS 14 LOCAL MATCH.— 15 (1) SECTION 5307.—Section 5307(d)(3) of title 16 49, United States Code, is amended— 17 (A) in subparagraph (D) by striking ‘‘; 18 and’’ and inserting a semicolon; 19 (B) in subparagraph (E) by striking the 20 period and inserting ‘‘; and’’; and 21 (C) by adding at the end the following: 22 ‘‘(F) transportation development credits.’’. 23 (2) SECTION 5309.—Section 5309 of title 49, 24 United States Code, is amended— 25 804 •HR 3684 EH (A) in subsection (f) by adding at the end 1 the following: 2 ‘‘(3) TRANSPORTATION DEVELOPMENT CRED- 3 ITS.—For purposes of assessments and determina- 4 tions under this subsection or subsection (h), trans- 5 portation development credits that are included as a 6 source of local financing or match shall be treated 7 the same as other sources of local financing.’’; and 8 (B) in subsection (l)(4)— 9 (i) in subparagraph (B) by striking ‘‘; 10 or’’ and inserting a semicolon; 11 (ii) in subparagraph (C) by striking 12 the period and inserting a semicolon; and 13 (iii) by adding at the end the fol- 14 lowing: 15 ‘‘(D) transportation development credits; 16 or’’. 17 (3) SECTION 5339.—Section 5339(a)(7)(B) of 18 title 49, United States Code, is amended— 19 (A) in clause (iv) by striking ‘‘; or’’ and in- 20 serting a semicolon; 21 (B) in clause (v) by striking the period and 22 inserting ‘‘; or’’; and 23 (C) by adding at the end the following: 24 805 •HR 3684 EH ‘‘(vi) transportation development cred- 1 its.’’. 2 (h) CLARIFICATION OF INCIDENTAL USE.—Section 3 5310(b)(7) of title 49, United States Code, is amended— 4 (1) in the header by inserting ‘‘AND INCI- 5 DENTAL USE’’ after ‘‘INDIVIDUALS’’; 6 (2) by inserting ‘‘or providing other incidental 7 services’’ after ‘‘individuals’’; and 8 (3) by striking ‘‘delivery service does not con- 9 flict’’ and inserting ‘‘service does not conflict’’. 10 SEC. 2105. POLICIES AND PURPOSES. 11 Section 5301(b) of title 49, United States Code, is 12 amended— 13 (1) in paragraph (7) by striking ‘‘; and’’ and in- 14 serting a semicolon; 15 (2) in paragraph (8) by striking the period and 16 inserting a semicolon; and 17 (3) by adding at the end the following: 18 ‘‘(9) reduce the contributions of the surface 19 transportation system to the total carbon pollution 20 of the United States; and 21 ‘‘(10) improve the resiliency of the public trans- 22 portation network to withstand weather events and 23 other natural disasters.’’. 24 806 •HR 3684 EH SEC. 2106. FISCAL YEARS 2022 AND 2023 FORMULAS. 1 For fiscal years 2022 and 2023, the Secretary of 2 Transportation shall apportion and distribute formula 3 funds provided for under chapter 53 of title 49, United 4 States Code, using data submitted to the 2019 National 5 Transit Database. 6 SEC. 2107. METROPOLITAN TRANSPORTATION PLANNING. 7 Section 5303 of title 49, United States Code, is fur- 8 ther amended— 9 (1) by amending subsection (a)(1) to read as 10 follows: 11 ‘‘(1) to encourage and promote the safe and ef- 12 ficient management, operation, and development of 13 surface transportation systems that will serve the 14 mobility needs of people and freight, foster economic 15 growth and development within and between States 16 and urbanized areas, and take into consideration re- 17 siliency and climate change adaptation needs while 18 reducing transportation-related fuel consumption, air 19 pollution, and greenhouse gas emissions through 20 metropolitan and statewide transportation planning 21 processes identified in this chapter; and’’. 22 (2) in subsection (b)— 23 (A) by redesignating paragraphs (6) and 24 (7) as paragraphs (7) and (8), respectively; and 25 807 •HR 3684 EH (B) by inserting after paragraph (5) the 1 following: 2 ‘‘(6) STIP.—The term ‘STIP’ means a state- 3 wide transportation improvement program developed 4 by a State under section 135(g).’’; 5 (3) in subsection (c)— 6 (A) in paragraph (1) by striking ‘‘and 7 transportation improvement programs’’ and in- 8 serting ‘‘and TIPs’’; and 9 (B) by adding at the end the following: 10 ‘‘(4) CONSIDERATION.—In developing the plans 11 and TIPs, metropolitan planning organizations shall 12 consider direct and indirect emissions of greenhouse 13 gases.’’; 14 (4) in subsection (d)— 15 (A) in paragraph (2) by striking ‘‘Not 16 later than 2 years after the date of enactment 17 of the Federal Public Transportation Act of 18 2012, each’’ and inserting ‘‘Each’’; 19 (B) in paragraph (3) by adding at the end 20 the following: 21 ‘‘(D) EQUITABLE AND PROPORTIONAL 22 REPRESENTATION.— 23 ‘‘(i) IN GENERAL.—For officials or 24 representatives under paragraph (2), the 25 808 •HR 3684 EH metropolitan planning organization shall 1 ensure the equitable and proportional rep- 2 resentation of the population of the metro- 3 politan planning area. 4 ‘‘(ii) SAVINGS CLAUSE.—Nothing in 5 this paragraph shall require a metropolitan 6 planning organization in existence on the 7 date of enactment of this subparagraph to 8 be restructured. 9 ‘‘(iii) REDESIGNATION.—Notwith- 10 standing clause (ii), the requirements of 11 this paragraph shall apply to any metro- 12 politan planning organization redesignated 13 under paragraph (6).’’; 14 (C) in paragraph (6)(B) by striking ‘‘para- 15 graph (2)’’ and inserting ‘‘paragraphs (2) or 16 (3)(D)’’; and 17 (D) in paragraph (7)— 18 (i) by striking ‘‘an existing metropoli- 19 tan planning area’’ and inserting ‘‘an ur- 20 banized area’’; and 21 (ii) by striking ‘‘the existing metro- 22 politan planning area’’ and inserting ‘‘the 23 area’’; 24 (5) in subsection (g)— 25 809 •HR 3684 EH (A) in paragraph (1) by striking ‘‘a metro- 1 politan area’’ and inserting ‘‘an urbanized 2 area’’; 3 (B) in paragraph (2) by striking ‘‘MPOS’’ 4 and inserting ‘‘METROPOLITAN PLANNING 5 AREAS’’; 6 (C) in paragraph (3)(A) by inserting 7 ‘‘emergency response and evacuation, climate 8 change adaptation and resilience,’’ after ‘‘dis- 9 aster risk reduction,’’; and 10 (D) by adding at the end the following: 11 ‘‘(4) COORDINATION BETWEEN MPOS.— 12 ‘‘(A) IN GENERAL.—If more than one met- 13 ropolitan planning organization is designated 14 within an urbanized area under subsection 15 (d)(7), the metropolitan planning organizations 16 designated within the area shall ensure, to the 17 maximum extent practicable, the consistency of 18 any data used in the planning process, includ- 19 ing information used in forecasting transpor- 20 tation demand. 21 ‘‘(B) SAVINGS CLAUSE.—Nothing in this 22 paragraph requires metropolitan planning orga- 23 nizations designated within a single urbanized 24 area to jointly develop planning documents, in- 25 810 •HR 3684 EH cluding a unified long-range transportation plan 1 or unified TIP.’’; 2 (6) in subsection (h)(1)— 3 (A) by striking subparagraph (E) and in- 4 serting the following: 5 ‘‘(E) protect and enhance the environment, 6 promote energy conservation, reduce greenhouse 7 gas emissions, improve the quality of life and 8 public health, and promote consistency between 9 transportation improvements and State and 10 local planned growth and economic development 11 patterns, including housing and land use pat- 12 terns;’’; 13 (B) in subparagraph (H) by striking 14 ‘‘and’’ at the end; 15 (C) in subparagraph (I) by striking the pe- 16 riod at the end and inserting ‘‘and reduce or 17 mitigate stormwater, sea level rise, extreme 18 weather, and climate change impacts of surface 19 transportation;’’; and 20 (D) by inserting after subparagraph (I) the 21 following: 22 ‘‘(J) support emergency management, re- 23 sponse, and evacuation and hazard mitigation; 24 811 •HR 3684 EH ‘‘(K) improve the level of transportation 1 system access; and 2 ‘‘(L) support inclusive zoning policies and 3 land use planning practices that incentivize af- 4 fordable, elastic, and diverse housing supply, fa- 5 cilitate long-term economic growth by improving 6 the accessibility of housing to jobs, and prevent 7 high housing costs from displacing economically 8 disadvantaged households.’’; 9 (7) in subsection (h)(2) by striking subpara- 10 graph (A) and inserting the following: 11 ‘‘(A) IN GENERAL.—Through the use of a 12 performance-based approach, transportation in- 13 vestment decisions made as a part of the metro- 14 politan transportation planning process shall 15 support the national goals described in section 16 150(b) of title 23, the achievement of metro- 17 politan and statewide targets established under 18 section 150(d) of title 23, the improvement of 19 transportation system access (consistent with 20 section 150(f)) of title 23, and the general pur- 21 poses described in section 5301 of this title.’’; 22 (8) in subsection (i)— 23 812 •HR 3684 EH (A) in paragraph (2)(D)(i) by inserting 1 ‘‘reduce greenhouse gas emissions and’’ before 2 ‘‘restore and maintain’’; 3 (B) in paragraph (2)(G) by inserting ‘‘and 4 climate change’’ after ‘‘infrastructure to natural 5 disasters’’; 6 (C) in paragraph (2)(H) by inserting 7 ‘‘greenhouse gas emissions,’’ after ‘‘pollution,’’; 8 (D) in paragraph (5)— 9 (i) in subparagraph (A) by inserting 10 ‘‘air quality, public health, housing, trans- 11 portation, resilience, hazard mitigation, 12 emergency management,’’ after ‘‘conserva- 13 tion,’’; and 14 (ii) by striking subparagraph (B) and 15 inserting the following: 16 ‘‘(B) ISSUES.—The consultation shall in- 17 volve, as appropriate, comparison of transpor- 18 tation plans to other relevant plans, including, 19 if available— 20 ‘‘(i) State conservation plans or maps; 21 and 22 ‘‘(ii) inventories of natural or historic 23 resources.’’; and 24 813 •HR 3684 EH (E) by amending paragraph (6)(C) to read 1 as follows: 2 ‘‘(C) METHODS.— 3 ‘‘(i) IN GENERAL.—In carrying out 4 subparagraph (A), the metropolitan plan- 5 ning organization shall, to the maximum 6 extent practicable— 7 ‘‘(I) hold any public meetings at 8 convenient and accessible locations 9 and times; 10 ‘‘(II) employ visualization tech- 11 niques to describe plans; and 12 ‘‘(III) make public information 13 available in electronically accessible 14 format and means, such as the inter- 15 net, as appropriate to afford reason- 16 able opportunity for consideration of 17 public information under subpara- 18 graph (A). 19 ‘‘(ii) ADDITIONAL METHODS.—In ad- 20 dition to the methods described in clause 21 (i), in carrying out subparagraph (A), the 22 metropolitan planning organization shall, 23 to the maximum extent practicable— 24 814 •HR 3684 EH ‘‘(I) use virtual public involve- 1 ment, social media, and other web- 2 based tools to encourage public par- 3 ticipation and solicit public feedback; 4 and 5 ‘‘(II) use other methods, as ap- 6 propriate, to further encourage public 7 participation of historically underrep- 8 resented individuals in the transpor- 9 tation planning process.’’; 10 (9) in subsection (j) by striking ‘‘transportation 11 improvement program’’ and inserting ‘‘TIP’’ each 12 place it appears; and 13 (10) by striking ‘‘Federally’’ each place it ap- 14 pears and inserting ‘‘federally’’. 15 SEC. 2108. STATEWIDE AND NONMETROPOLITAN TRANS- 16 PORTATION PLANNING. 17 Section 5304 of title 49, United States Code, is 18 amended— 19 (1) in subsection (a)— 20 (A) in paragraph (1) by striking ‘‘state- 21 wide transportation improvement program’’ and 22 inserting ‘‘STIP’’; 23 (B) in paragraph (2)— 24 815 •HR 3684 EH (i) by striking ‘‘The statewide trans- 1 portation plan and the’’ and inserting the 2 following: 3 ‘‘(A) IN GENERAL.—The statewide trans- 4 portation plan and the’’; 5 (ii) by striking ‘‘transportation im- 6 provement program’’ and inserting 7 ‘‘STIP’’; 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 ‘‘trans- 15 portation 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,’’; 23 816 •HR 3684 EH (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 10 reduce or mitigate stormwater, sea level 11 rise, extreme weather, and climate change 12 impacts of surface transportation;’’; and 13 (iv) by adding at the end the fol- 14 lowing: 15 ‘‘(J) facilitate emergency management, re- 16 sponse, and evacuation and hazard mitigation; 17 ‘‘(K) improve the level of transportation 18 system access; and 19 ‘‘(L) support inclusive zoning policies and 20 land use planning practices that incentivize af- 21 fordable, elastic, and diverse housing supply, fa- 22 cilitate long-term economic growth by improving 23 the accessibility of housing to jobs, and prevent 24 817 •HR 3684 EH high housing costs from displacing economically 1 disadvantaged households.’’; 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 11 section 150(b) of title 23; 12 ‘‘(ii) the consideration of transpor- 13 tation system access (consistent with sec- 14 tion 150(f) of title 23); 15 ‘‘(iii) the achievement of statewide 16 targets established under section 150(d) of 17 title 23; and 18 ‘‘(iv) the general purposes described 19 in section 5301 of this title.’’; and 20 (ii) in subparagraph (D) by striking 21 ‘‘statewide transportation improvement 22 program’’ and inserting ‘‘STIP’’; and 23 818 •HR 3684 EH (C) in paragraph (3) by striking ‘‘state- 1 wide transportation improvement program’’ and 2 inserting ‘‘STIP’’; 3 (3) in subsection (e)(3) by striking ‘‘transpor- 4 tation improvement program’’ and inserting 5 ‘‘STIP’’; 6 (4) in subsection (f)— 7 (A) in paragraph (2)(D)— 8 (i) in clause (i) by inserting ‘‘air qual- 9 ity, public health, housing, transportation, 10 resilience, hazard mitigation, emergency 11 management,’’ after ‘‘conservation,’’; and 12 (ii) by amending clause (ii) to read as 13 follows: 14 ‘‘(ii) COMPARISON AND CONSIDER- 15 ATION.—Consultation under clause (i) 16 shall involve the comparison of transpor- 17 tation plans to other relevant plans and in- 18 ventories, including, if available— 19 ‘‘(I) State and tribal conservation 20 plans or maps; and 21 ‘‘(II) inventories of natural or 22 historic resources.’’; 23 (B) in paragraph (3)(B)— 24 819 •HR 3684 EH (i) by striking ‘‘In carrying out’’ and 1 inserting the following: 2 ‘‘(i) IN GENERAL.—In carrying out’’; 3 (ii) by redesignating clauses (i) 4 through (iv) as subclauses (I) through 5 (IV), respectively; and 6 (iii) by adding at the end the fol- 7 lowing: 8 ‘‘(ii) ADDITIONAL METHODS.—In ad- 9 dition to the methods described in clause 10 (i), in carrying out subparagraph (A), the 11 State shall, to the maximum extent prac- 12 ticable— 13 ‘‘(I) use virtual public involve- 14 ment, social media, and other web- 15 based tools to encourage public par- 16 ticipation and solicit public feedback; 17 and 18 ‘‘(II) use other methods, as ap- 19 propriate, to further encourage public 20 participation of historically underrep- 21 resented individuals in the transpor- 22 tation planning process.’’; 23 820 •HR 3684 EH (C) in paragraph (4)(A) by inserting ‘‘re- 1 duce greenhouse gas emissions and’’ after ‘‘po- 2 tential to’’; and 3 (D) in paragraph (8) by inserting ‘‘includ- 4 ing consideration of the role that intercity buses 5 may play in reducing congestion, pollution, 6 greenhouse gas emissions, and energy consump- 7 tion in a cost-effective manner and strategies 8 and investments that preserve and enhance 9 intercity bus systems, including systems that 10 are privately owned and operated’’ after ‘‘trans- 11 portation system’’; 12 (5) in subsection (g)— 13 (A) in paragraph (1)(A) by striking ‘‘state- 14 wide transportation improvement program’’ and 15 inserting ‘‘STIP’’; 16 (B) in paragraph (5)— 17 (i) in subparagraph (A) by striking 18 ‘‘transportation improvement program’’ 19 and inserting ‘‘STIP’’; 20 (ii) in subparagraph (B)(ii) by strik- 21 ing ‘‘metropolitan transportation improve- 22 ment program’’ and inserting ‘‘TIP’’; 23 (iii) in subparagraph (C) by striking 24 ‘‘transportation improvement program’’ 25 821 •HR 3684 EH and inserting ‘‘STIP’’ each place it ap- 1 pears; 2 (iv) in subparagraph (E) by striking 3 ‘‘transportation improvement program’’ 4 and inserting ‘‘STIP’’; 5 (v) in subparagraph (F)(i) by striking 6 ‘‘transportation improvement program’’ 7 and inserting ‘‘STIP’’ each place it ap- 8 pears; 9 (vi) in subparagraph (G)(ii) by strik- 10 ing ‘‘transportation improvement program’’ 11 and inserting ‘‘STIP’’; and 12 (vii) in subparagraph (H) by striking 13 ‘‘transportation improvement program’’ 14 and inserting ‘‘STIP’’; 15 (C) in paragraph (6)— 16 (i) in subparagraph (A)— 17 (I) by striking ‘‘transportation 18 improvement program’’ and inserting 19 ‘‘STIP’’; and 20 (II) by striking ‘‘and projects 21 carried out under the bridge program 22 or the Interstate maintenance pro- 23 gram under title 23’’; and 24 (ii) in subparagraph (B)— 25 822 •HR 3684 EH (I) by striking ‘‘or under the 1 bridge program or the Interstate 2 maintenance program’’; and 3 (II) by striking ‘‘statewide trans- 4 portation improvement program’’ and 5 inserting ‘‘STIP’’; 6 (D) in paragraph (7)— 7 (i) in the heading by striking ‘‘TRANS- 8 PORTATION IMPROVEMENT PROGRAM’’ and 9 inserting ‘‘STIP’’; and 10 (ii) by striking ‘‘transportation im- 11 provement program’’ and inserting 12 ‘‘STIP’’; 13 (E) in paragraph (8) by striking ‘‘state- 14 wide transportation plans and programs’’ and 15 inserting ‘‘statewide transportation plans and 16 STIPs’’; and 17 (F) in paragraph (9) by striking ‘‘trans- 18 portation improvement program’’ and inserting 19 ‘‘STIP’’; 20 (6) in subsection (h)(2)(A) by striking ‘‘Not 21 later than 5 years after the date of enactment of the 22 Federal Public Transportation Act of 2012,’’ and in- 23 serting ‘‘Not less frequently than once every 4 24 years,’’; 25 823 •HR 3684 EH (7) in subsection (j) by striking ‘‘transportation 1 improvement program’’ and inserting ‘‘STIP’’ each 2 place it appears; and 3 (8) in subsection (l) by striking ‘‘transportation 4 improvement programs’’ and inserting ‘‘STIPs’’. 5 SEC. 2109. OBLIGATION LIMITATION. 6 Notwithstanding any other provision of law, the total 7 of all obligations from amounts made available from the 8 Mass Transit Account of the Highway Trust Fund by sub- 9 section (a) of section 5338 of title 49, United States Code, 10 shall not exceed— 11 (1) $17,894,460,367 for fiscal year 2023; 12 (2) $18,201,940,770 for fiscal year 2024; 13 (3) $18,551,676,708 for fiscal year 2025; and 14 (4) $18,901,573,693 for fiscal year 2026. 15 SEC. 2110. PUBLIC TRANSPORTATION EMERGENCY RELIEF 16 FUNDS. 17 Section 5324 of title 49, United States Code, is 18 amended by adding at the end the following: 19 ‘‘(f) IMPOSITION OF DEADLINE.— 20 ‘‘(1) IN GENERAL.—Notwithstanding any other 21 provision of law, the Secretary may not require any 22 project funded pursuant to this section to advance to 23 the construction obligation stage before the date 24 824 •HR 3684 EH that is the last day of the sixth fiscal year after the 1 later of— 2 ‘‘(A) the date on which the Governor de- 3 clared the emergency, as described in subsection 4 (a)(2); or 5 ‘‘(B) the date on which the President de- 6 clared a major disaster, as described in such 7 subsection. 8 ‘‘(2) EXTENSION OF DEADLINE.—If the Sec- 9 retary imposes a deadline for advancement to the 10 construction obligation stage pursuant to paragraph 11 (1), the Secretary may, upon the request of the Gov- 12 ernor of the State, issue an extension of not more 13 than 1 year to complete such advancement, and may 14 issue additional extensions after the expiration of 15 any extension, if the Secretary determines the Gov- 16 ernor of the State has provided suitable justification 17 to warrant an extension.’’. 18 SEC. 2111. CERTIFICATION REQUIREMENTS. 19 The certification requirements described in section 20 661.12 of title 49, Code of Federal Regulations, shall, 21 after the date of enactment of this Act, include a certifi- 22 cation that buses or other rolling stock (including train 23 control, communication and traction power equipment) 24 being procured do not contain or use any covered tele- 25 825 •HR 3684 EH communications equipment or services, as such term is de- 1 fined by section 889 of the John S. McCain National De- 2 fense Authorization Act for Fiscal Year 2019 (Public Law 3 115–232). 4 SEC. 2112. HOLD HARMLESS. 5 Notwithstanding any other provision of law, for fiscal 6 years 2021 and 2022, the Secretary of Transportation 7 shall allow project sponsors, at the request of such spon- 8 sor, to submit ridership and service data and projections 9 collected before January 20, 2020 and projections based 10 on that data to determine project eligibility under section 11 5309 of title 49, United States Code. 12 SEC. 2113. STUDY ON ACCESSIBILITY OF PUBLIC TRANS- 13 PORTATION. 14 (a) REPORT.—Not later than 1 year after the date 15 of enactment of this Act, the Secretary of Transportation 16 shall submit to Congress a report that includes— 17 (1) a description of the challenges faced by each 18 of the populations described in subsection (b) when 19 riding public transportation; and 20 (2) recommendations to improve the accessi- 21 bility of federally-funded public transportation for 22 the populations described in subsection (b). 23 (b) COVERED POPULATIONS.—The populations de- 24 scribed in subsection (a) shall be— 25 826 •HR 3684 EH (1) pregnant women; and 1 (2) individuals living in areas of persistent pov- 2 erty, as such term is defined in section 172(l) of title 3 23, United States Code, as added by this Act, and 4 individuals that are unbanked or underbanked. 5 SEC. 2114. FORMULA FUNDS FOR RURAL AREAS. 6 Section 5311(a)(1) of title 49, United States Code, 7 is amended— 8 (1) by striking ‘‘means a State’’ and inserting 9 the following: ‘‘means— 10 ‘‘(A) a State’’; 11 (2) by striking ‘‘Government.’’ and inserting 12 ‘‘Government; or’’; and 13 (3) by adding at the end the following: 14 ‘‘(B) a State or local governmental entity 15 that operates a public transportation service 16 and receives and administers Federal transit 17 program grant funds for both rural and urban 18 areas.’’. 19 827 •HR 3684 EH 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 6 the 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 re- 11 cipients to increase the frequency of bus service and the 12 ridership of public transit buses. 13 ‘‘(b) APPLICATIONS.—To be eligible for a grant 14 under this section, an eligible recipient shall submit to the 15 Secretary an application at such time, in such manner, 16 and containing such information as the Secretary may re- 17 quire. 18 ‘‘(c) APPLICATION TIMING.—Not later than 90 days 19 after amounts are made available to carry out this section, 20 the Secretary shall solicit grant applications from eligible 21 recipients for projects described in subsection (d). 22 ‘‘(d) USES OF FUNDS.—An eligible recipient of a 23 grant under this section shall use such grant for transpor- 24 tation capital projects that— 25 828 •HR 3684 EH ‘‘(1) increase— 1 ‘‘(A) the frequency of bus service; 2 ‘‘(B) bus ridership; and 3 ‘‘(C) total person throughput; and 4 ‘‘(2) are consistent with, and as described in, 5 the design guidance issued by the National Associa- 6 tion of City Transportation Officials and titled 7 ‘Transit Street Design Guide’. 8 ‘‘(e) GRANT CRITERIA.—In making grants under this 9 section, the Secretary shall consider the following: 10 ‘‘(1) Each eligible recipient’s projected increase 11 in bus frequency. 12 ‘‘(2) Each eligible recipient’s projected increase 13 in bus ridership. 14 ‘‘(3) Each eligible recipient’s projected increase 15 in total person throughput. 16 ‘‘(4) The degree of regional collaboration de- 17 scribed in each eligible recipient’s application, in- 18 cluding collaboration with— 19 ‘‘(A) a local government entity that oper- 20 ates a public transportation service; 21 ‘‘(B) local government agencies that con- 22 trol street design; 23 ‘‘(C) metropolitan planning organizations 24 (as such term is defined in section 5303); and 25 829 •HR 3684 EH ‘‘(D) State departments of transportation. 1 ‘‘(f) GRANT TIMING.—The Secretary shall award 2 grants under this section not later than 120 days after 3 the date on which the Secretary completes the solicitation 4 described in subsection (c). 5 ‘‘(g) REQUIREMENTS OF THE SECRETARY.—In car- 6 rying out the program under this section, the Secretary 7 shall— 8 ‘‘(1) not later than the date described in sub- 9 section (c), publish in the Federal Register a list of 10 all metrics and evaluation procedures to be used in 11 making grants under this section; and 12 ‘‘(2) publish in the Federal Register— 13 ‘‘(A) a summary of the final metrics and 14 evaluations used in making grants under this 15 section; and 16 ‘‘(B) a list of the ratings of eligible recipi- 17 ents receiving a grant under this section based 18 on such metrics and evaluations. 19 ‘‘(h) FEDERAL SHARE.— 20 ‘‘(1) IN GENERAL.—The Federal share of the 21 cost of a project carried out under this section shall 22 not exceed 80 percent. 23 ‘‘(2) RESTRICTION ON GRANT AMOUNTS.—The 24 Secretary may make a grant for a project under this 25 830 •HR 3684 EH 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 12 fiscal years after the fiscal year for which the 13 amount was made available. 14 ‘‘(2) UNOBLIGATED AMOUNTS.—After the expi- 15 ration of the period described in paragraph (1) for 16 an amount made available to carry out this section, 17 any unobligated amounts made available to carry out 18 this section shall be added to the amounts made 19 available for the following fiscal year. 20 ‘‘(k) ELIGIBLE RECIPIENTS.—In this section, the 21 term ‘eligible recipient’ means a recipient of a grant under 22 section 5307 in an urbanized area with a population great- 23 er than 500,000.’’. 24 831 •HR 3684 EH (b) CLERICAL AMENDMENT.—The analysis for chap- 1 ter 53 of title 49, United States Code, is amended by in- 2 serting after the item relating to section 5307 the fol- 3 lowing new 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 7 amended— 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 13 inserting ‘‘95 percent’’; 14 (II) in clause (i) by striking 15 ‘‘95.61 percent’’ and inserting ‘‘95 16 percent’’; and 17 (III) in clause (ii) by striking 18 ‘‘95.61 percent’’ and inserting ‘‘95 19 percent’’; 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)— 25 832 •HR 3684 EH (aa) by inserting ‘‘in the 1 highest 25 percent of routes by 2 ridership’’ before ‘‘multiplied 3 by’’; and 4 (bb) by striking ‘‘vehicle 5 passenger miles traveled for each 6 dollar of operating cost in an 7 area’’ and inserting ‘‘vehicles op- 8 erating in peak revenue service 9 per hour in the highest 25 per- 10 cent of routes 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 15 by’’; and 16 (bb) by striking ‘‘vehicle 17 passenger miles traveled for each 18 dollar of operating cost in all 19 areas’’ and inserting ‘‘vehicles 20 operating in peak revenue service 21 per hour in the highest 25 per- 22 cent of routes by ridership’’; and 23 (B) by adding at the end the following: 24 833 •HR 3684 EH ‘‘(3) SPECIAL RULE.—For fiscal years 2023 1 and 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 10 percent’’ and inserting ‘‘90 percent’’ each place 11 it 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; di- 24 vided by’’; and 25 834 •HR 3684 EH (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 4 routes by ridership multiplied by the total num- 5 ber of buses operating in peak revenue service 6 per hour on the highest 25 percent of routes by 7 ridership 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 12 least 200,000 and less than 500,000 is entitled to 13 receive an amount using the formula in paragraph 14 (1). 15 ‘‘(4) For fiscal years 2023 and 2024, the per- 16 centage— 17 ‘‘(A) in paragraph (1) in the matter pre- 18 ceding subparagraph (A) shall be treated as 19 100 percent; 20 ‘‘(B) in paragraph (2) in the matter pre- 21 ceding subparagraph (A) shall be treated as 0 22 percent; and 23 ‘‘(C) in paragraph (3) shall be treated as 24 0 percent.’’; and 25 835 •HR 3684 EH (3) by adding at the end the following: 1 ‘‘(k) PEAK REVENUE SERVICE DEFINED.—In this 2 section, the term ‘peak revenue service’ means the time 3 period between the time in the morning that an agency 4 first exceeds the number of midday vehicles in revenue 5 service and the time in the evening that an agency falls 6 below the number of midday vehicles in revenue service.’’. 7 SEC. 2203. MOBILITY INNOVATION. 8 (a) IN GENERAL.—Chapter 53 of title 49, United 9 States Code, is amended by inserting after section 5315 10 the following new section: 11 ‘‘§ 5316. Mobility innovation 12 ‘‘(a) IN GENERAL.—Amounts made available to a 13 covered recipient to carry out sections 5307, 5310, and 14 5311 may be used by such covered recipient under this 15 section to assist in the financing of— 16 ‘‘(1) mobility as a service; and 17 ‘‘(2) mobility on demand services. 18 ‘‘(b) FEDERAL SHARE.— 19 ‘‘(1) IN GENERAL.—Except as provided in para- 20 graphs (2) and (3), the Federal share of the net cost 21 of a project carried out under this section shall not 22 exceed 70 percent. 23 ‘‘(2) INSOURCING INCENTIVE.—Notwith- 24 standing paragraph (1), the Federal share of the net 25 836 •HR 3684 EH cost of a project described in paragraph (1) shall, at 1 the request of the project sponsor, be increased by 2 up to 10 percent for mobility on demand service op- 3 erated exclusively by personnel employed by the re- 4 cipient. 5 ‘‘(3) ZERO EMISSION INCENTIVE.—Notwith- 6 standing paragraph (1), the Federal share of the net 7 cost of a project described in paragraph (1) shall, at 8 the request of the project sponsor, be increased by 9 up to 10 percent if such project involves an eligible 10 use that uses a vehicle that produces zero carbon di- 11 oxide or particulate matter. 12 ‘‘(c) ELIGIBLE USES.— 13 ‘‘(1) IN GENERAL.—The Secretary shall publish 14 guidance describing eligible activities that are dem- 15 onstrated to— 16 ‘‘(A) increase transit ridership; 17 ‘‘(B) be complementary to fixed route tran- 18 sit service; 19 ‘‘(C) demonstrate meaningful improve- 20 ments in— 21 ‘‘(i) environmental metrics, including 22 standards established pursuant to the 23 Clean Air Act (42 U.S.C. 7401 et seq.) 24 and greenhouse gas performance targets 25 837 •HR 3684 EH established pursuant to section 150(d) of 1 title 23; 2 ‘‘(ii) traffic congestion; 3 ‘‘(iii) compliance with the require- 4 ments under the Americans with Disabil- 5 ities Act of 1990 (42 U.S.C. 12101 et 6 seq.); 7 ‘‘(iv) low-income service to increase 8 access to employment, healthcare, and 9 other essential services; 10 ‘‘(v) service during times of the day 11 when regular transit service is not oper- 12 ating, as long as regular transit service 13 hours are not reduced; 14 ‘‘(vi) new service that operates in 15 areas of lower density that are unserved or 16 underserved by regular transit service; 17 ‘‘(vii) rural service; and 18 ‘‘(viii) improvement in paratransit 19 service quality. 20 ‘‘(2) FARE COLLECTION MODERNIZATION.—In 21 developing guidance referred to in this section, the 22 Secretary shall ensure that— 23 ‘‘(A) all costs associated with installing, 24 modernizing, and managing fare collection, in- 25 838 •HR 3684 EH cluding touchless payment systems, shall be 1 considered eligible expenses under this title and 2 subject to the applicable Federal share; and 3 ‘‘(B) such guidance includes guidance on 4 how agencies shall provide unbanked and 5 underbanked users with an opportunity to ben- 6 efit from mobility as a service platforms. 7 ‘‘(3) PROHIBITION ON USE OF FUNDS.— 8 Amounts used by a covered recipient for projects eli- 9 gible under this section may not be used for— 10 ‘‘(A) single passenger vehicle miles (in a 11 passenger motor vehicle, as such term is de- 12 fined in section 32101, that carries less than 9 13 passengers), unless the trip— 14 ‘‘(i) meets the definition of public 15 transportation; and 16 ‘‘(ii) begins or completes a fixed route 17 public transportation trip; 18 ‘‘(B) deadhead vehicle miles; or 19 ‘‘(C) any service considered a taxi service 20 that operates under an exemption from testing 21 requirements under section 5331. 22 ‘‘(d) FEDERAL REQUIREMENTS.—A project carried 23 out under this section shall be treated as if such project 24 were carried out under the section from which the funds 25 839 •HR 3684 EH were provided to carry out such project, including the ap- 1 plication of any additional requirements provided for by 2 law that apply to section 5307, 5310, or 5311, as applica- 3 ble. 4 ‘‘(e) WAIVER.— 5 ‘‘(1) INDIVIDUAL WAIVER.—Except as provided 6 in paragraphs (2) and (3), the Secretary may waive 7 any requirement applied to a project carried out 8 under this section pursuant to subsection (d) if the 9 Secretary determines that the project would— 10 ‘‘(A) not undermine labor standards; 11 ‘‘(B) increase employment opportunities of 12 the recipient unless the Secretary determines 13 that such a waiver does not affect employment 14 opportunities; and 15 ‘‘(C) be consistent with the public interest. 16 ‘‘(2) WAIVER UNDER OTHER SECTIONS.—The 17 Secretary may not waive any requirement under 18 paragraph (1) for which a waiver is otherwise avail- 19 able. 20 ‘‘(3) PROHIBITION OF WAIVER.—Notwith- 21 standing paragraph (1), the Secretary may not 22 waive any requirement of— 23 ‘‘(A) section 5333; 24 ‘‘(B) section 5331; 25 840 •HR 3684 EH ‘‘(C) section 5302(14); and 1 ‘‘(D) chapter 53 that establishes a max- 2 imum Federal share for operating costs. 3 ‘‘(4) APPLICATION OF SECTION 5320.—Notwith- 4 standing paragraphs (1) and (2), the Secretary may 5 only waive the requirements of section 5320 with re- 6 spect to— 7 ‘‘(A) a passenger vehicle owned by an indi- 8 vidual; 9 ‘‘(B) subsection (q) of such section for any 10 passenger vehicle not owned by an individual 11 for the period beginning on the date of enact- 12 ment of this section and ending 3 years after 13 such date; 14 ‘‘(C) any shared micromobility device for 15 the period beginning on the date of enactment 16 of this section and ending on the date that is 17 3 years after such date; and 18 ‘‘(D) rolling stock that is part of a dedi- 19 cated fleet of vehicles for the provision of micro- 20 transit that is operated by, or exclusively on be- 21 half of, the covered recipient for the period be- 22 ginning on the date of enactment of this section 23 and ending on the date that is 3 years after 24 such date. 25 841 •HR 3684 EH ‘‘(5) LIMITATION.—A waiver issued under sub- 1 paragraphs (B), (C), or (D) of paragraph (4) may 2 only be issued on an individual project basis at the 3 request of the covered recipient and may not be re- 4 newed or extended beyond the initial 3-year period 5 of the waiver. 6 ‘‘(f) OPEN DATA STANDARDS.— 7 ‘‘(1) IN GENERAL.—Not later than 90 days 8 after the date of enactment of this section, the Sec- 9 retary shall initiate procedures under subchapter III 10 of chapter 5 of title 5 to develop an open data stand- 11 ard and an application programming interface nec- 12 essary to carry out this section. 13 ‘‘(2) REGULATIONS.—The regulations required 14 under paragraph (1) shall require public transpor- 15 tation agencies, mobility on demand providers, mo- 16 bility as a service technology providers, other non- 17 government actors, and local governments the effi- 18 cient means to transfer data to— 19 ‘‘(A) foster the efficient use of transpor- 20 tation capacity; 21 ‘‘(B) enhance the management of new 22 modes of mobility; 23 ‘‘(C) enable the use of innovative planning 24 tools; 25 842 •HR 3684 EH ‘‘(D) enable single payment systems for all 1 mobility on demand services; 2 ‘‘(E) establish metropolitan planning orga- 3 nization, State, and local government access to 4 anonymized data for transportation planning, 5 real time operations data, and rules; 6 ‘‘(F) prohibit the transfer of personally 7 identifiable information; 8 ‘‘(G) protect confidential business informa- 9 tion; 10 ‘‘(H) enhance cybersecurity protections; 11 and 12 ‘‘(I) allow data governance, including but 13 not limited to licensing and terms of informa- 14 tion sharing, periodic risk assessments, policies 15 regarding data retention and information han- 16 dling policies, and anonymization techniques. 17 ‘‘(3) PROHIBITION ON FOR PROFIT ACTIVITY.— 18 Any data received by an entity under this subsection 19 may not be sold, leased, or otherwise used to gen- 20 erate profit, except for the direct provision of the re- 21 lated mobility on demand services and mobility as a 22 service. 23 ‘‘(4) COMMITTEE.—A negotiated rulemaking 24 committee established pursuant to section 565 of 25 843 •HR 3684 EH title 5 to carry out this subsection shall have a max- 1 imum of 17 members limited to representatives of 2 the Department of Transportation, State and local 3 governments, metropolitan planning organizations, 4 urban and rural covered recipients, associations that 5 represent public transit agencies, representatives 6 from at least 3 different organizations engaged in 7 collective bargaining on behalf of transit workers in 8 not fewer than 3 States, mobility on demand pro- 9 viders, and mobility as a service technology pro- 10 viders. 11 ‘‘(5) PUBLICATION OF PROPOSED REGULA- 12 TIONS.—Proposed regulations to implement this sec- 13 tion shall be published in the Federal Register by 14 the Secretary not later than 18 months after such 15 date of enactment. 16 ‘‘(6) EXTENSION OF DEADLINES.—A deadline 17 set forth in paragraph (4) may be extended up to 18 180 days if the negotiated rulemaking committee re- 19 ferred to in paragraph (5) concludes that the com- 20 mittee cannot meet the deadline and the Secretary 21 so notifies the Committee on Transportation and In- 22 frastructure of the House of Representatives and the 23 Committee on Banking, Housing, and Urban Affairs 24 of the Senate. 25 844 •HR 3684 EH ‘‘(g) APPLICATION OF RECIPIENT VEHICLE REV- 1 ENUE MILES.—With respect to vehicle revenue miles with 2 one passenger of a covered recipient using amounts under 3 this section, such miles— 4 ‘‘(1) shall be included in the National Transit 5 Database under section 5335; and 6 ‘‘(2) shall be excluded from vehicle revenue 7 miles data used in the calculation described in sec- 8 tion 5336. 9 ‘‘(h) SAVINGS CLAUSE.—Subsection (c)(2) and sub- 10 section (g) shall not apply to any eligible activities under 11 this section if such activities are— 12 ‘‘(1) being carried out in compliance with the 13 Americans with Disabilities Act of 1990 (42 U.S.C. 14 12101 et seq.); or 15 ‘‘(2) projects eligible under section 5310 that 16 exceed the requirements of the Americans with Dis- 17 abilities Act of 1990 (42 U.S.C. 12101 et seq.). 18 ‘‘(i) DEFINITIONS.—In this section: 19 ‘‘(1) COVERED RECIPIENT.—The term ‘covered 20 recipient’ means a State or local government entity, 21 private nonprofit organization, or Tribe that— 22 ‘‘(A) operates a public transportation serv- 23 ice; and 24 845 •HR 3684 EH ‘‘(B) is a recipient or subrecipient of funds 1 under section 5307, 5310, or 5311. 2 ‘‘(2) DEADHEAD VEHICLE MILES.—The term 3 ‘deadhead vehicle miles’ means the miles that a vehi- 4 cle travels when out of revenue service, including 5 leaving or returning to the garage or yard facility, 6 changing routes, when there is no expectation of car- 7 rying revenue passengers, and any miles traveled by 8 a private operator without a passenger. 9 ‘‘(3) MOBILITY AS A SERVICE.—The term ‘mo- 10 bility as a service’ means services that constitute the 11 integration of mobility on demand services and pub- 12 lic transportation that are available and accessible to 13 all travelers, provide multimodal trip planning, and 14 a unified payment system. 15 ‘‘(4) MOBILITY ON DEMAND.—The term ‘mobil- 16 ity on demand’ means an on-demand transportation 17 service shared among individuals, either concurrently 18 or one after another.’’. 19 (b) CLERICAL AMENDMENT.—The analysis for chap- 20 ter 53 of title 49, United States Code, is amended by in- 21 serting after the item relating to section 5315 the fol- 22 lowing new item: 23 ‘‘5316. Mobility innovation.’’. (c) EFFECTIVE DATE.—This section and the amend- 24 ments made by this section shall take effect on the date 25 846 •HR 3684 EH on which the Secretary of Transportation has finalized 1 both— 2 (1) the guidance required under section 5316(c) 3 of title 49, United States Code; and 4 (2) the regulations required under section 5 5316(f) of title 49, United States Code. 6 (d) SAVINGS CLAUSE.—Nothing in this section, or 7 the amendments made by this section, shall prohibit the 8 use of funds for an eligible activity or pilot project of a 9 covered recipient authorized under the law in effect on the 10 day before the date of enactment of this Act before the 11 effective date described in subsection (c). 12 SEC. 2204. FORMULA GRANTS FOR RURAL AREAS. 13 Section 5311 of title 49, United States Code, is 14 amended— 15 (1) in subsection (b)— 16 (A) in paragraph (2) by adding at the end 17 the following: 18 ‘‘(D) CENSUS DESIGNATION.—The Sec- 19 retary may approve a State program that allo- 20 cates not more than 5 percent of such State’s 21 apportionment to assist rural areas that were 22 redesignated as urban areas not more than 2 23 fiscal years after the last census designation of 24 urbanized area boundaries.’’; and 25 847 •HR 3684 EH (B) in paragraph (3) by striking ‘‘section 1 5338(a)(2)(F)’’ and inserting ‘‘section 2 5338(a)(2)(E)’’; 3 (2) in subsection (c)— 4 (A) in paragraph (1)— 5 (i) in the matter preceding subpara- 6 graph (A) by striking ‘‘section 7 5338(a)(2)(F)’’ and inserting ‘‘section 8 5338(a)(2)(E)’’; 9 (ii) in subparagraph (A) by striking 10 ‘‘$5,000,000’’ and inserting 11 ‘‘$10,000,000’’; and 12 (iii) in subparagraph (B) by striking 13 ‘‘$30,000,000’’ and inserting ‘‘the amount 14 remaining under section 5338(a)(2)(E)(i) 15 after the amount under subparagraph (A) 16 is distributed’’; 17 (B) in paragraph (2)(C) by striking ‘‘sec- 18 tion 5338(a)(2)(F)’’ and inserting ‘‘section 19 5338(a)(2)(E)’’; and 20 (C) in paragraph (3)— 21 (i) in subparagraph (A) by striking 22 ‘‘section 5338(a)(2)(F)’’ and inserting 23 ‘‘section 5338(a)(2)(E)’’; and 24 848 •HR 3684 EH (ii) by striking subparagraphs (B) and 1 (C) and inserting the following: 2 ‘‘(B) LAND AREA.— 3 ‘‘(i) IN GENERAL.—Subject to clause 4 (ii), each State shall receive an amount 5 that is equal to 15 percent of the amount 6 apportioned under this paragraph, multi- 7 plied by the ratio of the land area in rural 8 areas in that State and divided by the land 9 area in all rural areas in the United 10 States, as shown by the most recent decen- 11 nial census of population. 12 ‘‘(ii) MAXIMUM APPORTIONMENT.— 13 No State shall receive more than 5 percent 14 of the amount apportioned under clause 15 (i). 16 ‘‘(C) POPULATION.—Each State shall re- 17 ceive an amount equal to 50 percent of the 18 amount apportioned under this paragraph, mul- 19 tiplied by the ratio of the population of rural 20 areas in that State and divided by the popu- 21 lation of all rural areas in the United States, as 22 shown by the most recent decennial census of 23 population. 24 ‘‘(D) VEHICLE REVENUE MILES.— 25 849 •HR 3684 EH ‘‘(i) IN GENERAL.—Subject to clause 1 (ii), each State shall receive an amount 2 that is equal to 25 percent of the amount 3 apportioned under this paragraph, multi- 4 plied by the ratio of vehicle revenue miles 5 in rural areas in that State and divided by 6 the vehicle revenue miles in all rural areas 7 in the United States, as determined by na- 8 tional transit database reporting. 9 ‘‘(ii) MAXIMUM APPORTIONMENT.— 10 No State shall receive more than 5 percent 11 of the amount apportioned under clause 12 (i). 13 ‘‘(E) LOW-INCOME INDIVIDUALS.—Each 14 State shall receive an amount that is equal to 15 10 percent of the amount apportioned under 16 this paragraph, multiplied by the ratio of low- 17 income individuals in rural areas in that State 18 and divided by the number of low-income indi- 19 viduals in all rural areas in the United States, 20 as shown by the Bureau of the Census.’’; 21 (3) in subsection (f)— 22 (A) in paragraph (1) by inserting ‘‘A State 23 may expend funds to continue service into an- 24 850 •HR 3684 EH other State to extend a route.’’ before ‘‘Eligible 1 activities under’’; 2 (B) in paragraph (2) by inserting ‘‘and 3 makes the certification and supporting docu- 4 ments publicly available’’ before the period at 5 the end; and 6 (C) by adding at the end the following: 7 ‘‘(3) MEANINGFUL CONNECTIONS.—All projects 8 funded under this subsection shall directly serve, or 9 make meaningful scheduled connections to, the na- 10 tional intercity bus network.’’; and 11 (4) in subsection (g) by adding at the end the 12 following: 13 ‘‘(6) ALLOWANCE FOR VOLUNTEER HOURS.— 14 ‘‘(A) APPLICABLE REGULATIONS.—For 15 any funds provided by a department or agency 16 of the Government under paragraph (3)(D) or 17 by a service agreement under paragraph (3)(C), 18 and such department or agency has regulations 19 in place that provide for the valuation of volun- 20 teer hours as allowable in-kind contributions to- 21 ward the non-Federal share of project costs, 22 such regulations shall be used to determine the 23 allowable valuation of volunteer hours as an in- 24 kind contribution toward the non-Federal re- 25 851 •HR 3684 EH mainder of net project costs for a transit 1 project funded under this section. 2 ‘‘(B) LIMITATIONS.—Subparagraph (A) 3 shall not apply to the provision of fixed-route 4 bus services funded under this section.’’. 5 SEC. 2205. ONE-STOP PARATRANSIT PROGRAM. 6 Section 5310 of title 49, United States Code, is 7 amended by adding at the end the following: 8 ‘‘(j) ONE-STOP PARATRANSIT PROGRAM.— 9 ‘‘(1) IN GENERAL.—Not later than 6 months 10 after the date of enactment of this subsection, the 11 Secretary shall establish a one-stop paratransit com- 12 petitive grant program to encourage an extra stop in 13 non-fixed route Americans with Disabilities Act of 14 1990 (42 U.S.C. 12101 et seq.) service for a para- 15 transit rider to complete essential tasks. 16 ‘‘(2) PREFERENCE.—The Secretary shall give 17 preference to eligible recipients that— 18 ‘‘(A) have comparable data for the year 19 prior to implementation of the grant program 20 and made available to the Secretary, academic 21 and nonprofit organizations for research pur- 22 poses; and 23 ‘‘(B) plan to use agency personnel to im- 24 plement the pilot program. 25 852 •HR 3684 EH ‘‘(3) APPLICATION CRITERIA.—To be eligible to 1 participate in the grant program, an eligible recipi- 2 ent shall submit to the Secretary an application con- 3 taining such information as the Secretary may re- 4 quire, including information on— 5 ‘‘(A) locations the eligible entity intends to 6 allow a stop at, if stops are limited, including— 7 ‘‘(i) childcare or education facilities; 8 ‘‘(ii) pharmacies; 9 ‘‘(iii) grocery stores; and 10 ‘‘(iv) bank or ATM locations; 11 ‘‘(B) methodology for informing the public 12 of the grant program; 13 ‘‘(C) vehicles, personnel, and other re- 14 sources that will be used to implement the 15 grant program; 16 ‘‘(D) if the applicant does not intend the 17 grant program to apply to the full area under 18 the jurisdiction of the applicant, a description 19 of the geographic area in which the applicant 20 intends the grant program to apply; and 21 ‘‘(E) the anticipated amount of increased 22 operating costs. 23 ‘‘(4) SELECTION.—The Secretary shall seek to 24 achieve diversity of participants in the grant pro- 25 853 •HR 3684 EH gram by selecting a range of eligible entities that in- 1 cludes at least— 2 ‘‘(A) 5 eligible recipients that serve an 3 area with a population of 50,000 to 200,000; 4 ‘‘(B) 10 eligible recipients that serve an 5 area with a population of over 200,000; and 6 ‘‘(C) 5 eligible recipients that provide 7 transportation for rural communities. 8 ‘‘(5) DATA-SHARING CRITERIA.—An eligible re- 9 cipient in this subsection shall provide data as the 10 Secretary requires, which may include— 11 ‘‘(A) number of ADA paratransit trips 12 conducted each year; 13 ‘‘(B) requested time of each paratransit 14 trip; 15 ‘‘(C) scheduled time of each paratransit 16 trip; 17 ‘‘(D) actual pickup time for each para- 18 transit trip; 19 ‘‘(E) average length of a stop in the middle 20 of a ride as allowed by this subsection; 21 ‘‘(F) any complaints received by a para- 22 transit rider; 23 ‘‘(G) rider satisfaction with paratransit 24 services; and 25 854 •HR 3684 EH ‘‘(H) after the completion of the grant, an 1 assessment by the eligible recipient of its capac- 2 ity to continue a one-stop program independ- 3 ently. 4 ‘‘(6) REPORT.— 5 ‘‘(A) IN GENERAL.—The Secretary shall 6 make publicly available an annual report on the 7 program carried out under this subsection for 8 each fiscal year, not later than December 31 of 9 the calendar year in which such fiscal year 10 ends. 11 ‘‘(B) CONTENTS.—The report required 12 under subparagraph (A) shall include a detailed 13 description of the activities carried out under 14 the program, and an evaluation of the program, 15 including an evaluation of the data shared by 16 eligible recipients under paragraph (5).’’. 17 SEC. 2206. NEW MUNICIPAL TRANSIT SERVICES TO BETTER 18 CONNECT COMMUNITIES. 19 Section 5336 of title 49, United States Code, is fur- 20 ther amended by adding at the end the following: 21 ‘‘(l) PASS THROUGH FUNDING.— 22 ‘‘(1) PASS THROUGH TO SERVICE PROVIDERS.— 23 Designated recipients, upon request of a provider of 24 new public transportation service, shall enter into a 25 855 •HR 3684 EH split letter or some other agreement under which not 1 less than 80 percent of the funding apportioned 2 under subparagraphs (A)(i) and (B)(i) of subsection 3 (c)(1) to a service provider that results from the 4 provision of new qualified transit services provided 5 by such provider is passed through to such provider 6 so long as the following conditions are met— 7 ‘‘(A) the service being provided as well as 8 the service provider are eligible for assistance 9 and meets or exceeds all Federal Transit Ad- 10 ministration requirements, including the re- 11 quirements of sections 5320 and 5333; 12 ‘‘(B) the service provided has submitted 13 the appropriate data to the National Transit 14 Database or has submitted such data to an- 15 other regional entity for submission to the Na- 16 tional Transit Database; 17 ‘‘(C) the service provider is eligible to be a 18 recipient of Federal transit funds; 19 ‘‘(D) the service provider is able to use the 20 funding for continued service or expansion of el- 21 igible transit services so long as any new service 22 being provided does not duplicate existing serv- 23 ice being provided; and 24 856 •HR 3684 EH ‘‘(E) the regional metropolitan planning 1 organization does not opt out of the pass- 2 through requirement as allowed by paragraph 3 (2). 4 ‘‘(2) OPT-OUT.—A metropolitan planning orga- 5 nization may elect to have designated recipients 6 within the metropolitan planning area opt-out if 7 such planning organization certifies with the Sec- 8 retary that 1 of the following conditions are met: 9 ‘‘(A) The new service has not met the con- 10 ditions outlined by paragraph (1) of this sub- 11 section. 12 ‘‘(B) The new service does not address or 13 align with the policies and goals identified in 14 the region’s transportation plan. 15 ‘‘(C) The metropolitan planning organiza- 16 tion or designated recipient has in place a proc- 17 ess or policy that addresses multi-agency or re- 18 gional issues with formula funds and includes 19 an opportunity for new service providers to par- 20 ticipate and receive necessary funding from 21 such policy or program. 22 ‘‘(3) DEFINITIONS.—In this subsection: 23 ‘‘(A) NEW TRANSIT SERVICES.—The term 24 ‘new transit services’ means public transpor- 25 857 •HR 3684 EH tation services whereby data from the provision 1 of services has previously not been submitted to 2 the national transit database and is service cre- 3 ated to increase access to public transportation, 4 address areas which are not adequately serviced 5 by high frequency public transportation, create 6 first and last mile connections to existing public 7 transportation services, or provide access to 8 public transportation to long distance commute 9 routes where no or limited service previously ex- 10 isted. 11 ‘‘(B) SERVICE PROVIDER.—The term ‘serv- 12 ice provider’— 13 ‘‘(i) has the meaning given the term 14 ‘local government authority’ in section 15 5302; and 16 ‘‘(ii) means a public transportation 17 agency.’’. 18 Subtitle C—Buy America and 19 Other Procurement Reforms 20 SEC. 2301. BUY AMERICA. 21 (a) BUY AMERICA.— 22 (1) IN GENERAL.—Chapter 53 of title 49, 23 United States Code, is amended by inserting before 24 section 5321 the following: 25 858 •HR 3684 EH ‘‘§ 5320. Buy America 1 ‘‘(a) IN GENERAL.—The Secretary may obligate an 2 amount that may be appropriated to carry out this chapter 3 for a project only if the steel, iron, and manufactured 4 goods used in the project are produced in the United 5 States. 6 ‘‘(b) WAIVER.—The Secretary may waive subsection 7 (a) if the Secretary finds that— 8 ‘‘(1) applying subsection (a) would be incon- 9 sistent with the public interest; 10 ‘‘(2) the steel, iron, and goods produced in the 11 United States are not produced in a sufficient and 12 reasonably available amount or are not of a satisfac- 13 tory quality; 14 ‘‘(3) when procuring rolling stock (including 15 train control, communication, traction power equip- 16 ment, and rolling stock prototypes) under this chap- 17 ter— 18 ‘‘(A) the cost of components and sub- 19 components produced in the United States is 20 more than 70 percent of the cost of all compo- 21 nents of the rolling stock; and 22 ‘‘(B) final assembly of the rolling stock has 23 occurred in the United States; or 24 859 •HR 3684 EH ‘‘(4) including domestic material will increase 1 the cost of the overall project by more than 25 per- 2 cent. 3 ‘‘(c) WRITTEN WAIVER DETERMINATION AND AN- 4 NUAL REPORT.— 5 ‘‘(1) WAIVER PROCEDURE.—Not later than 120 6 days after the submission of a request for a waiver, 7 the Secretary shall make a determination under sub- 8 section (b)(1), (b)(2), or (b)(4) as to whether to 9 waive subsection (a). 10 ‘‘(2) PUBLIC NOTIFICATION AND COMMENT.— 11 ‘‘(A) IN GENERAL.—Not later than 30 12 days before making a determination regarding a 13 waiver described in paragraph (1), the Sec- 14 retary shall provide notification and an oppor- 15 tunity for public comment on the request for 16 such waiver. 17 ‘‘(B) NOTIFICATION REQUIREMENTS.—The 18 notification required under subparagraph (A) 19 shall— 20 ‘‘(i) describe whether the application 21 is being made for a waiver described in 22 subsection (b)(1), (b)(2) or (b)(4); and 23 860 •HR 3684 EH ‘‘(ii) be provided to the public by elec- 1 tronic means, including on a public website 2 of the Department of Transportation. 3 ‘‘(3) DETERMINATION.—Before a determination 4 described in paragraph (1) takes effect, the Sec- 5 retary shall publish a detailed justification for such 6 determination that addresses all public comments re- 7 ceived under paragraph (2)— 8 ‘‘(A) on the public website of the Depart- 9 ment of Transportation; and 10 ‘‘(B) if the Secretary issues a waiver with 11 respect to such determination, in the Federal 12 Register. 13 ‘‘(4) ANNUAL REPORT.—Annually, the Sec- 14 retary shall submit to the Committee on Banking, 15 Housing, and Urban Affairs of the Senate and the 16 Committee on Transportation and Infrastructure of 17 the House of Representatives a report listing any 18 waiver issued under paragraph (1) during the pre- 19 ceding year. 20 ‘‘(d) ROLLING STOCK WAIVER CONDITIONS.— 21 ‘‘(1) LABOR COSTS FOR FINAL ASSEMBLY.—In 22 this section, highly skilled labor costs involved in 23 final assembly shall be included as a separate com- 24 861 •HR 3684 EH ponent in the cost of components and subcompo- 1 nents under subsection (b)(3)(A). 2 ‘‘(2) HIGH DOMESTIC CONTENT COMPONENT 3 BONUS.—In this section, in calculating the domestic 4 content of the rolling stock under subsection 5 (b)(3)(A), the percent, rounded to the nearest whole 6 number, of the domestic content in components of 7 such rolling stock, weighted by cost, shall be used in 8 calculating the domestic content of the rolling stock, 9 except— 10 ‘‘(A) with respect to components that ex- 11 ceed— 12 ‘‘(i) 70 percent domestic content, the 13 Secretary shall add 10 additional percent 14 to the component’s domestic content when 15 calculating the domestic content of the 16 rolling stock; and 17 ‘‘(ii) 75 percent domestic content, the 18 Secretary shall add 15 additional percent 19 to the component’s domestic content when 20 calculating the domestic content of the 21 rolling stock; and 22 ‘‘(B) in no case may a component exceed 23 100 percent domestic content when calculating 24 the domestic content of the rolling stock. 25 862 •HR 3684 EH ‘‘(3) ROLLING STOCK FRAMES OR CAR 1 SHELLS.— 2 ‘‘(A) INCLUSION OF COSTS.—Subject to 3 the substantiation requirement of subparagraph 4 (B), in calculating the cost of the domestic con- 5 tent of the rolling stock under subsection 6 (b)(3), in the case of a rolling stock procure- 7 ment receiving assistance under this chapter in 8 which the average cost of a rolling stock vehicle 9 in the procurement is more than $300,000, if 10 rolling stock frames or car shells are not pro- 11 duced in the United States, the Secretary shall 12 include in the calculation of the domestic con- 13 tent of the rolling stock the cost of the steel or 14 iron that is produced in the United States and 15 used in the rolling stock frames or car shells. 16 ‘‘(B) SUBSTANTIATION.—If a rolling stock 17 vehicle manufacturer wishes to include in the 18 calculation of the vehicle’s domestic content the 19 cost of steel or iron produced in the United 20 States and used in the rolling stock frames and 21 car shells that are not produced in the United 22 States, the manufacturer shall maintain and 23 provide upon request a mill certification that 24 substantiates the origin of the steel or iron. 25 863 •HR 3684 EH ‘‘(4) TREATMENT OF WAIVED COMPONENTS 1 AND SUBCOMPONENTS.—In this section, a compo- 2 nent or subcomponent waived under subsection (b) 3 shall be excluded from any part of the calculation re- 4 quired under subsection (b)(3)(A). 5 ‘‘(5) ZERO-EMISSION VEHICLE DOMESTIC BAT- 6 TERY CELL INCENTIVE.—The Secretary shall add 7 2.5 percent to the total domestic content when calcu- 8 lating the domestic content of the rolling stock for 9 any zero-emission vehicle that uses only battery cells 10 for propulsion that are manufactured domestically. 11 ‘‘(6) PROHIBITION ON DOUBLE COUNTING.— 12 ‘‘(A) IN GENERAL.—No labor costs in- 13 cluded in the cost of a component or subcompo- 14 nent by the manufacturer of rolling stock may 15 be treated as rolling stock assembly costs for 16 purposes of calculating domestic content. 17 ‘‘(B) VIOLATION.—A violation of this para- 18 graph shall be treated as a false claim under 19 subchapter III of chapter 37 of title 31. 20 ‘‘(7) DEFINITION OF HIGHLY SKILLED LABOR 21 COSTS.—In this subsection, the term ‘highly skilled 22 labor costs’— 23 ‘‘(A) means the apportioned value of direct 24 wage compensation associated with final assem- 25 864 •HR 3684 EH bly activities of workers directly employed by a 1 rolling stock original equipment manufacturer 2 and directly associated with the final assembly 3 activities of a rolling stock vehicle that advance 4 the value or improve the condition of the end 5 product; 6 ‘‘(B) does not include any temporary or in- 7 direct activities or those hired via a third-party 8 contractor or subcontractor; 9 ‘‘(C) are limited to metalworking, fabrica- 10 tion, welding, electrical, engineering, and other 11 technical activities requiring training; 12 ‘‘(D) are not otherwise associated with ac- 13 tivities required under section 661.11 of title 14 49, Code of Federal Regulations; and 15 ‘‘(E) includes only activities performed in 16 the United States and does not include that of 17 foreign nationals providing assistance at a 18 United States manufacturing facility. 19 ‘‘(e) CERTIFICATION OF DOMESTIC SUPPLY AND 20 DISCLOSURE.— 21 ‘‘(1) CERTIFICATION OF DOMESTIC SUPPLY.—If 22 the Secretary denies an application for a waiver 23 under subsection (b)(2), the Secretary shall provide 24 to the applicant a written certification that— 25 865 •HR 3684 EH ‘‘(A) the steel, iron, or manufactured 1 goods, as applicable, (referred to in this para- 2 graph as the ‘item’) is produced in the United 3 States in a sufficient and reasonably available 4 amount; 5 ‘‘(B) the item produced in the United 6 States is of a satisfactory quality; and 7 ‘‘(C) includes a list of known manufactur- 8 ers in the United States from which the item 9 can be obtained. 10 ‘‘(2) DISCLOSURE.—The Secretary shall dis- 11 close the waiver denial and the written certification 12 to the public in the manner described in subsection 13 (c). 14 ‘‘(f) WAIVER PROHIBITED.—The Secretary may not 15 make a waiver under subsection (b) for goods produced 16 in a foreign country if the Secretary, in consultation with 17 the United States Trade Representative, decides that the 18 government of that foreign country— 19 ‘‘(1) has an agreement with the United States 20 Government under which the Secretary has waived 21 the requirement of this section; and 22 ‘‘(2) has violated the agreement by discrimi- 23 nating against goods to which this section applies 24 866 •HR 3684 EH that are produced in the United States and to which 1 the agreement applies. 2 ‘‘(g) PENALTY FOR MISLABELING AND MISREPRE- 3 SENTATION.—A person is ineligible under subpart 9.4 of 4 the Federal Acquisition Regulation, or any successor 5 thereto, to receive a contract or subcontract made with 6 amounts authorized under title II of division B of the IN- 7 VEST in America Act if a court or department, agency, 8 or instrumentality of the Government decides the person 9 intentionally— 10 ‘‘(1) affixed a ‘Made in America’ label, or a 11 label with an inscription having the same meaning, 12 to goods sold in or shipped to the United States that 13 are used in a project to which this section applies 14 but not produced in the United States; or 15 ‘‘(2) represented that goods described in para- 16 graph (1) were produced in the United States. 17 ‘‘(h) STATE REQUIREMENTS.—The Secretary may 18 not impose any limitation on assistance provided under 19 this chapter that restricts a State from imposing more 20 stringent requirements than this subsection on the use of 21 articles, materials, and supplies mined, produced, or man- 22 ufactured in foreign countries in projects carried out with 23 that assistance or restricts a recipient of that assistance 24 from complying with those State-imposed requirements. 25 867 •HR 3684 EH ‘‘(i) OPPORTUNITY TO CORRECT INADVERTENT 1 ERROR.—The Secretary may allow a manufacturer or 2 supplier of steel, iron, or manufactured goods to correct 3 after bid opening any certification of noncompliance or 4 failure to properly complete the certification (but not in- 5 cluding failure to sign the certification) under this sub- 6 section if such manufacturer or supplier attests under pen- 7 alty of perjury that such manufacturer or supplier sub- 8 mitted an incorrect certification as a result of an inad- 9 vertent or clerical error. The burden of establishing inad- 10 vertent or clerical error is on the manufacturer or supplier. 11 ‘‘(j) ADMINISTRATIVE REVIEW.—A party adversely 12 affected by an agency action under this subsection shall 13 have the right to seek review under section 702 of title 14 5. 15 ‘‘(k) STEEL AND IRON.—For purposes of this section, 16 steel and iron meeting the requirements of section 17 661.5(b) of title 49, Code of Federal Regulations, may be 18 considered produced in the United States. 19 ‘‘(l) DEFINITION OF SMALL PURCHASE.—For pur- 20 poses of determining whether a purchase qualifies for a 21 general public interest waiver under subsection (b)(1), in- 22 cluding under any regulation promulgated under such sub- 23 section, the term ‘small purchase’ means a purchase of 24 not more than $150,000. 25 868 •HR 3684 EH ‘‘(m) PREAWARD AND POSTDELIVERY REVIEW OF 1 ROLLING STOCK PURCHASES.— 2 ‘‘(1) IN GENERAL.—The Secretary shall pre- 3 scribe regulations requiring a preaward and 4 postdelivery certification of a rolling stock vehicle 5 that meets the requirements of this section and Gov- 6 ernment motor vehicle safety requirements to be eli- 7 gible for a grant under this chapter. For compliance 8 with this section— 9 ‘‘(A) Federal inspections and review are 10 required; 11 ‘‘(B) a manufacturer certification is not 12 sufficient; and 13 ‘‘(C) a rolling stock vehicle that has been 14 certified by the Secretary remains certified until 15 the manufacturer makes a material change to 16 the vehicle, or adjusts the cost of all compo- 17 nents of the rolling stock, that reduces, by more 18 than half, the percentage of domestic content 19 above 70 percent. 20 ‘‘(2) CERTIFICATION OF PERCENTAGE.— 21 ‘‘(A) IN GENERAL.—The Secretary may, at 22 the request of a component or subcomponent 23 manufacturer, certify the percentage of domes- 24 869 •HR 3684 EH tic content and place of manufacturing for a 1 component or subcomponent. 2 ‘‘(B) PERIOD OF CERTIFICATION.—Any 3 component or subcomponent certified by the 4 Secretary shall remain certified until the manu- 5 facturer makes a material change to the domes- 6 tic content or the place of manufacturing of 7 such component or subcomponent. 8 ‘‘(3) FREEDOM OF INFORMATION ACT.—In car- 9 rying out this subsection, the Secretary shall apply 10 the provisions of section 552 of title 5, including 11 subsection (b)(4) of such section. 12 ‘‘(4) NONCOMPLIANCE.—The Secretary shall 13 prohibit recipients from procuring rolling stock, com- 14 ponents, or subcomponents from a supplier that in- 15 tentionally provides false information to comply with 16 this subsection. 17 ‘‘(n) SCOPE.—The requirements of this section apply 18 to all contracts for a public transportation project carried 19 out within the scope of the applicable finding, determina- 20 tion, or decision under the National Environmental Policy 21 Act of 1969 (42 U.S.C. 4321 et seq.), regardless of the 22 funding source of such contracts, if at least one contract 23 for the public transportation project is funded with 24 amounts made available to carry out this chapter. 25 870 •HR 3684 EH ‘‘(o) BUY AMERICA CONFORMITY.—The Secretary 1 shall ensure that all Federal funds for new commuter rail 2 projects shall comply with this section and shall not be 3 subject to section 22905(a). 4 ‘‘(p) AUDITS AND REPORTING OF WASTE, FRAUD, 5 AND ABUSE.— 6 ‘‘(1) IN GENERAL.—The Inspector General of 7 the Department of Transportation shall conduct an 8 annual audit on certifications under subsection (m) 9 regarding compliance with Buy America. 10 ‘‘(2) REPORT FRAUD, WASTE, AND ABUSE.— 11 The Secretary shall display a ‘Report Fraud, Waste, 12 and Abuse’ button and link to Department of Trans- 13 portation’s Office of Inspector General Hotline on 14 the Federal Transit Administration’s Buy America 15 landing page. 16 ‘‘(3) CONTRACT REQUIREMENT.—The Secretary 17 shall require all recipients who enter into contracts 18 to purchase rolling stock with funds provided under 19 this chapter to include in such contract information 20 on how to contact the Department of Transpor- 21 tation’s Office of Inspector General Hotline to report 22 suspicions of fraud, waste, and abuse. 23 ‘‘(q) PASSENGER MOTOR VEHICLES.— 24 871 •HR 3684 EH ‘‘(1) IN GENERAL.—Any domestically manufac- 1 tured passenger motor vehicle shall be considered to 2 be produced in the United States under this section. 3 ‘‘(2) DOMESTICALLY MANUFACTURED PAS- 4 SENGER MOTOR VEHICLE.—In this subsection, the 5 term ‘domestically manufactured passenger motor 6 vehicle’ means any passenger motor vehicle, as such 7 term is defined in section 32304(a) that— 8 ‘‘(A) has under section 32304(b)(1)(B) its 9 final assembly place in the United States; and 10 ‘‘(B) the percentage (by value) of pas- 11 senger motor equipment under section 12 32304(b)(1)(A) equals or exceeds 60 percent 13 value added. 14 ‘‘(r) ROLLING STOCK COMPONENTS AND SUBCOMPO- 15 NENTS.—No bus shell, railcar frame, or other component 16 or subcomponent that is primarily made of steel or iron 17 shall be treated as produced in the United States for pur- 18 poses of subsection (b)(3) or determined to be of domestic 19 origin under section 661.11 of title 49, Code of Federal 20 Regulations, if the material inputs of such component or 21 subcomponent were imported into the United States and 22 the processes performed in the United States on the im- 23 ported articles would not result in a change in the article’s 24 classification to chapter 86 or 87 of the Harmonized Tar- 25 872 •HR 3684 EH iff Schedule of the United States from another chapter 1 or a new heading of any chapter from the heading under 2 which the article was classified upon entry. 3 ‘‘(s) TREATMENT OF STEEL AND IRON COMPONENTS 4 AS PRODUCED IN THE UNITED STATES.—Notwith- 5 standing any other provision of any law or any rule, regu- 6 lation, or policy of the Federal Transit Administration, 7 steel and iron components of a system, as defined in sec- 8 tion 661.3 of title 49, Code of Federal Regulations, and 9 of manufactured end products referred to in Appendix A 10 of such section, may not be considered to be produced in 11 the United States unless such components meet the re- 12 quirements of section 661.5(b) of title 49, Code of Federal 13 Regulations. 14 ‘‘(t) REQUIREMENT FOR TRANSIT AGENCIES.—Not- 15 withstanding the provisions of this section, if a transit 16 agency accepts Federal funds, such agency shall adhere 17 to the requirements of this section in procuring rolling 18 stock.’’. 19 (2) CLERICAL AMENDMENT.—The analysis for 20 chapter 53 of title 49, United States Code, is 21 amended by inserting before the item relating to sec- 22 tion 5321 the following: 23 ‘‘5320. Buy America.’’. (3) CONFORMING AMENDMENTS.— 24 873 •HR 3684 EH (A) TECHNICAL ASSISTANCE AND WORK- 1 FORCE DEVELOPMENT.—Section 5314(a)(2)(G) 2 of title 49, United States Code, is amended by 3 striking ‘‘sections 5323(j) and 5323(m)’’ and 4 inserting ‘‘section 5320’’. 5 (B) URBANIZED AREA FORMULA 6 GRANTS.—Section 5307(c)(1)(E) of title 49, 7 United States Code, is amended by inserting ‘‘, 8 5320,’’ after ‘‘5323’’. 9 (C) INNOVATIVE PROCUREMENT.—Section 10 3019(c)(2)(E)(ii) of the FAST Act (49 U.S.C. 11 5325 note) is amended by striking ‘‘5323(j)’’ 12 and inserting ‘‘5320’’. 13 (b) BUS ROLLING STOCK.—Not later than 18 14 months after the date of enactment of this Act, the Sec- 15 retary of Transportation shall issue such regulations as 16 are necessary to revise Appendix B and Appendix D of 17 section 661.11 of title 49, Code of Federal Regulations, 18 with respect to bus rolling stock to maximize job creation 19 and align such section with modern manufacturing tech- 20 niques. 21 (c) RAIL ROLLING STOCK.—Not later than 30 22 months after the date of enactment of this Act, the Sec- 23 retary shall issue such regulations as are necessary to re- 24 vise subsections (t), (u), and (v) of section 661.11 of title 25 874 •HR 3684 EH 49, Code of Federal Regulations, with respect to rail roll- 1 ing stock to maximize job creation and align such section 2 with modern manufacturing techniques. 3 (d) RULE OF APPLICABILITY.— 4 (1) IN GENERAL.—Except as otherwise pro- 5 vided in this subsection, the amendments made by 6 this section shall apply to any contract entered into 7 on or after the date of enactment of this Act. 8 (2) DELAYED APPLICABILITY OF CERTAIN PRO- 9 VISIONS.—Contracts described in paragraph (1) 10 shall be subject to the following delayed applicability 11 requirements: 12 (A) Section 5320(m)(2) shall apply to con- 13 tracts entered into on or after the date that is 14 30 days after the date of enactment of this Act. 15 (B) Notwithstanding subparagraph (A), 16 section 5320(m) shall apply to contracts for the 17 procurement of bus rolling stock beginning on 18 the earlier of— 19 (i) 180 days after the date on which 20 final regulations are issued pursuant to 21 subsection (b); or 22 (ii) the date that is 1 year after the 23 date of enactment of this Act. 24 875 •HR 3684 EH (C) Notwithstanding subparagraph (A), 1 section 5320(m) shall apply to contracts for the 2 procurement of rail rolling stock beginning on 3 the earlier of— 4 (i) 180 days after the date on which 5 final regulations are issued pursuant to 6 subsection (c); or 7 (ii) the date that is 2 years after the 8 date of enactment of this Act. 9 (D) Section 5320(p)(1) shall apply on the 10 date that is 1 year after the latest of the appli- 11 cation dates described in subparagraphs (A) 12 through (C). 13 (3) SPECIAL RULE FOR CERTAIN CONTRACTS.— 14 For any contract described in paragraph (1) for 15 which the delivery for the first production vehicle oc- 16 curs before October 1, 2024, paragraphs (1) and (4) 17 of section 5320(d) shall not apply. 18 (4) SPECIAL RULE FOR BATTERY CELL INCEN- 19 TIVES.—For any contract described in paragraph 20 (1) for which the delivery for the first production ve- 21 hicle occurs before October 1, 2023, section 22 5320(d)(5) shall not apply. 23 (5) APPLICATION OF EXISTING LAW.—During 24 any periods described in this subsection, the Sec- 25 876 •HR 3684 EH retary shall apply the requirements of sections 1 5323(j) and 5323(m) of title 49, United States 2 Code, as in effect on the day before the date of en- 3 actment of this Act, as applicable. 4 (e) SPECIAL RULE FOR DOMESTIC CONTENT.— 5 (1) IN GENERAL.—For the calculation of the 6 percent of domestic content calculated under section 7 5320(d)(2) for a contract for rolling stock entered 8 into on or after October 1, 2021— 9 (A) if the delivery of the first production 10 vehicle occurs in fiscal year 2023 or fiscal year 11 2024, for components that exceed 70 percent 12 domestic content, the Secretary shall add 20 13 additional percent to the component’s domestic 14 content; and 15 (B) if the delivery of the first production 16 vehicle occurs in fiscal year 2025 or fiscal year 17 2026— 18 (i) for components that exceed 70 per- 19 cent but do not exceed 75 percent domestic 20 content, the Secretary shall add 15 addi- 21 tional percent to the component’s domestic 22 content; or 23 (ii) for components that exceed 75 24 percent domestic content, the Secretary 25 877 •HR 3684 EH shall add 20 additional percent to the com- 1 ponent’s domestic content. 2 (2) CONTRACTS AFTER OCTOBER 1, 2021.—For 3 the calculation of the percent of domestic content 4 calculated under section 5320(d)(2) for a contract 5 for rolling stock entered into on or after October 1, 6 2021 for a vehicle described in section 7 5339(c)(1)(D), and notwithstanding subsection 8 (e)(1), if the delivery of the first production vehicle 9 occurs in fiscal year 2023 or 2024, for components 10 that exceed 70 percent domestic content, the Sec- 11 retary shall add 30 additional percent to the compo- 12 nent’s domestic content. 13 (3) BATTERY CELLS.—Paragraph (1) and para- 14 graph (2) of this subsection shall not apply to any 15 contract for rolling stock if the manufacturer of the 16 rolling stock or the manufacturer of the battery cells 17 used for propulsion of the rolling stock is an entity 18 described in 49 USC 5323(u)(1) and (u)(2). 19 SEC. 2302. BUS PROCUREMENT STREAMLINING. 20 Section 5323 of title 49, United States Code, is 21 amended by adding at the end the following: 22 ‘‘(x) BUS PROCUREMENT STREAMLINING.— 23 ‘‘(1) IN GENERAL.—The Secretary may only ob- 24 ligate amounts for acquisition of buses under this 25 878 •HR 3684 EH chapter to a recipient that issues a request for pro- 1 posals for an open market procurement that meets 2 the following criteria: 3 ‘‘(A) Such request for proposals is limited 4 to performance specifications, except for compo- 5 nents or subcomponents identified in the nego- 6 tiated rulemaking carried out pursuant to this 7 subsection. 8 ‘‘(B) Such request for proposals does not 9 seek any alternative design or manufacture 10 specification of a bus offered by a manufac- 11 turer, except to require a component or sub- 12 component identified in the negotiated rule- 13 making carried out pursuant to this subsection. 14 ‘‘(2) SPECIFIC BUS COMPONENT NEGOTIATED 15 RULEMAKING.— 16 ‘‘(A) INITIATION.—Not later than 120 17 days after the date of enactment of the IN- 18 VEST in America Act, the Secretary shall ini- 19 tiate procedures under subchapter III of chap- 20 ter 5 of title 5 to negotiate and issue such regu- 21 lations as are necessary to establish as limited 22 a list as is practicable of bus components and 23 subcomponents described in subparagraph (B). 24 879 •HR 3684 EH ‘‘(B) LIST OF COMPONENTS.—The regula- 1 tions required under subparagraph (A) shall es- 2 tablish a list of bus components and subcompo- 3 nents that may be specified in a request for 4 proposals described in paragraph (1) by a re- 5 cipient. The Secretary shall ensure the list is 6 limited in scope and limited to only components 7 and subcomponents that cannot be selected with 8 performance specifications to ensure interoper- 9 ability. 10 ‘‘(C) PUBLICATION OF PROPOSED REGULA- 11 TIONS.—Proposed regulations to implement this 12 section shall be published in the Federal Reg- 13 ister by the Secretary not later than 18 months 14 after such date of enactment. 15 ‘‘(D) COMMITTEE.—A negotiated rule- 16 making committee established pursuant to sec- 17 tion 565 of title 5 to carry out this paragraph 18 shall have a maximum of 11 members limited 19 to representatives of the Department of Trans- 20 portation, urban and rural recipients (including 21 State government recipients), and transit vehi- 22 cle manufacturers. 23 ‘‘(E) EXTENSION OF DEADLINES.—A 24 deadline set forth in subparagraph (C) may be 25 880 •HR 3684 EH extended up to 180 days if the negotiated rule- 1 making committee referred to in subparagraph 2 (D) concludes that the committee cannot meet 3 the deadline and the Secretary so notifies the 4 Committee on Transportation and Infrastruc- 5 ture of the House of Representatives and the 6 Committee on Banking, Housing, and Urban 7 Affairs of the Senate. 8 ‘‘(3) SAVINGS CLAUSE.—Nothing in this section 9 shall be construed to provide additional authority for 10 the Secretary to restrict what a bus manufacturer 11 offers to sell to a public transportation agency.’’. 12 SEC. 2303. BUS TESTING FACILITY. 13 Section 5318 of title 49, United States Code, is 14 amended by adding at the end the following: 15 ‘‘(f) TESTING SCHEDULE.—The Secretary shall— 16 ‘‘(1) determine eligibility of a bus manufactur- 17 er’s request for testing within 10 business days; and 18 ‘‘(2) make publicly available the current backlog 19 (in months) to begin testing a new bus at the bus 20 testing facility.’’. 21 SEC. 2304. REPAYMENT REQUIREMENT. 22 (a) IN GENERAL.—A transit agency shall repay into 23 the general fund of the Treasury any funds received from 24 the Federal Transit Administration under section 3401 of 25 881 •HR 3684 EH the American Rescue Plan Act of 2021 (Public Law 117– 1 2) if the funds were used to award a contract or sub- 2 contract to an entity for the procurement of rolling stock 3 for use in public transportation if the manufacturer of the 4 rolling stock— 5 (1) is incorporated in or has manufacturing fa- 6 cilities in the United States; and 7 (2) is owned or controlled by, is a subsidiary of, 8 or is otherwise related legally or financially to a cor- 9 poration based in a country that— 10 (A) is identified as a nonmarket economy 11 country (as defined in section 771(18) of the 12 Tariff Act of 1930 (19 U.S.C. 1677(18))) as of 13 the date of enactment of this subsection; 14 (B) was identified by the United States 15 Trade Representative in the most recent report 16 required by section 182 of the Trade Act of 17 1974 (19 U.S.C. 2242) as a priority foreign 18 country under subsection (a)(2) of that section; 19 and 20 (C) is subject to monitoring by the Trade 21 Representative under section 306 of the Trade 22 Act of 1974 (19 U.S.C. 2416). 23 (b) CERTIFICATION.—Not later than 60 days after 24 the date of enactment of this section, a transit agency that 25 882 •HR 3684 EH received funds pursuant to the laws specified in subsection 1 (a) shall certify that the agency has not and shall not use 2 such funds to purchase rolling stock described in sub- 3 section (a). 4 SEC. 2305. DEFINITION OF URBANIZED AREAS FOLLOWING 5 A MAJOR DISASTER. 6 (a) IN GENERAL.—Section 5323 of title 49, United 7 States Code, is amended by adding at the end the fol- 8 lowing: 9 ‘‘(y) URBANIZED AREAS FOLLOWING A MAJOR DIS- 10 ASTER.— 11 ‘‘(1) DEFINED TERM.—In this subsection, the 12 term ‘decennial census date’ has the meaning given 13 the term in section 141(a) of title 13. 14 ‘‘(2) URBANIZED AREA MAJOR DISASTER POPU- 15 LATION CRITERIA.—Notwithstanding section 5302, 16 for purposes of this chapter, the Secretary shall 17 treat an area as an urbanized area for the period de- 18 scribed in paragraph (3) if— 19 ‘‘(A) a major disaster was declared by the 20 President under section 401 of the Robert T. 21 Stafford Disaster Relief and Emergency Assist- 22 ance Act (42 U.S.C. 5170) for the area during 23 the 3-year period preceding the decennial cen- 24 883 •HR 3684 EH sus date for the 2010 decennial census or for 1 any subsequent decennial census; 2 ‘‘(B) the area was defined and designated 3 as an ‘urbanized area’ by the Secretary of Com- 4 merce in the decennial census immediately pre- 5 ceding the major disaster described in subpara- 6 graph (A); and 7 ‘‘(C) the population of the area fell below 8 50,000 as a result of the major disaster de- 9 scribed in subparagraph (A). 10 ‘‘(3) COVERED PERIOD.—The Secretary shall 11 treat an area as an urbanized area under paragraph 12 (2) during the period— 13 ‘‘(A) beginning on— 14 ‘‘(i) in the case of a major disaster de- 15 scribed in paragraph (2)(A) that occurred 16 during the 3-year period preceding the de- 17 cennial census date for the 2010 decennial 18 census, October 1 of the first fiscal year 19 that begins after the date of enactment of 20 this subsection; or 21 ‘‘(ii) in the case of any other major 22 disaster described in paragraph (2)(A), Oc- 23 tober 1 of the first fiscal year— 24 884 •HR 3684 EH ‘‘(I) that begins after the decen- 1 nial census date for the first decennial 2 census conducted after the major dis- 3 aster; and 4 ‘‘(II) for which the Secretary has 5 sufficient data from that census to de- 6 termine that the area qualifies for 7 treatment as an urbanized area under 8 paragraph (2); and 9 ‘‘(B) ending on the day before the first fis- 10 cal year— 11 ‘‘(i) that begins after the decennial 12 census date for the second decennial cen- 13 sus conducted after the major disaster de- 14 scribed in paragraph (2)(A); and 15 ‘‘(ii) for which the Secretary has suffi- 16 cient data from that census to determine 17 which areas are urbanized areas for pur- 18 poses of this chapter. 19 ‘‘(4) POPULATION CALCULATION.—An area 20 treated as an urbanized area under this subsection 21 shall be assigned the population and square miles of 22 the urbanized area designated by the Secretary of 23 Commerce in the most recent decennial census con- 24 885 •HR 3684 EH ducted before the major disaster described in para- 1 graph (2)(A). 2 ‘‘(5) SAVINGS PROVISION.—Nothing in this sub- 3 section may be construed to affect apportionments 4 made under this chapter before the date of enact- 5 ment of this subsection.’’. 6 (b) AMENDMENT TAKES EFFECT ON ENACTMENT.— 7 Notwithstanding section 1001, the amendment made by 8 subsection (a) shall take effect on the date of enactment 9 of this Act. 10 SEC. 2306. SPECIAL RULE FOR CERTAIN ROLLING STOCK 11 PROCUREMENTS. 12 (a) CERTIFICATION.—Section 5323(u)(4) of title 49, 13 United States Code, is amended— 14 (1) in subparagraph (A) in the heading by 15 striking ‘‘RAIL’’; and 16 (2) by adding at the end the following: 17 ‘‘(C) NONRAIL ROLLING STOCK.—Notwith- 18 standing subparagraph (B) of paragraph (5), as 19 a condition of financial assistance made avail- 20 able in a fiscal year under section 5339, a re- 21 cipient shall certify in that fiscal year that the 22 recipient will not award any contract or sub- 23 contract for the procurement of rolling stock for 24 886 •HR 3684 EH use in public transportation with a rolling stock 1 manufacturer described in paragraph (1).’’. 2 (b) SPECIAL RULE.—Section 5323(u)(5)(A) of title 3 49, United States Code, is amended by striking ‘‘made 4 by a public transportation agency with a rail rolling stock 5 manufacturer described in paragraph (1)’’ and all that fol- 6 lows through the period at the end and inserting ‘‘as of 7 December 20, 2019, including options and other require- 8 ments tied to these contracts or subcontracts, made by 9 a public transportation agency with a restricted rail rolling 10 stock manufacturer.’’. 11 SEC. 2307. SPARE RATIO WAIVER. 12 Section 5323 of title 49, United States Code, is fur- 13 ther amended by adding at the end the following: 14 ‘‘(z) SPARE RATIO WAIVER.—The Federal Transit 15 Administration shall waive spare ratio policies for rolling 16 stock found in FTA Grant Management Requirements 17 Circular 5010.1, FTA Circular 9030.1 providing Urban- 18 ized Area Formula Program guidance, and other guidance 19 documents for 2 years from the date of enactment of the 20 INVEST in America Act.’’. 21 Subtitle D—Bus Grant Reforms 22 SEC. 2401. FORMULA GRANTS FOR BUSES. 23 Section 5339(a) of title 49, United States Code, is 24 amended— 25 887 •HR 3684 EH (1) in paragraph (1)— 1 (A) by inserting ‘‘and subsection (d)’’ after 2 ‘‘In this subsection’’; 3 (B) in subparagraph (A) by striking ‘‘term 4 ‘low or no emission vehicle’ has’’ and inserting 5 ‘‘term ‘zero emission vehicle’ has’’; 6 (C) in subparagraph (B) by inserting ‘‘and 7 the District of Columbia’’ after ‘‘United 8 States’’; and 9 (D) in subparagraph (C) by striking ‘‘the 10 District of Columbia,’’; 11 (2) in paragraph (2)(A) by striking ‘‘low or no 12 emission vehicles’’ and inserting ‘‘zero emission vehi- 13 cles’’; 14 (3) in paragraph (4)— 15 (A) in subparagraph (A) by inserting ‘‘and 16 subsection (d)’’ after ‘‘this subsection’’; and 17 (B) in subparagraph (B) by inserting ‘‘and 18 subsection (d)’’ after ‘‘this subsection’’; 19 (4) in paragraph (5)(A)— 20 (A) by striking ‘‘$90,500,000’’ and insert- 21 ing ‘‘$156,750,000’’; 22 (B) by striking ‘‘2016 through 2020’’ and 23 inserting ‘‘2023 through 2026’’; 24 888 •HR 3684 EH (C) by striking ‘‘$1,750,000’’ and inserting 1 ‘‘$3,000,000’’; and 2 (D) by striking ‘‘$500,000’’ and inserting 3 ‘‘$750,000’’; 4 (5) in paragraph (7) by adding at the end the 5 following: 6 ‘‘(C) SPECIAL RULE FOR BUSES AND RE- 7 LATED EQUIPMENT FOR ZERO EMISSION VEHI- 8 CLES.—Notwithstanding subparagraph (A), a 9 grant for a capital project for buses and related 10 equipment for hybrid electric buses that make 11 meaningful reductions in energy consumption 12 and harmful emissions, including direct carbon 13 emissions, and zero emission vehicles under this 14 subsection shall be for 90 percent of the net 15 capital costs of the project. A recipient of a 16 grant under this subsection may provide addi- 17 tional local matching amounts.’’; 18 (6) in paragraph (8)— 19 (A) by striking ‘‘3 fiscal years’’ and insert- 20 ing ‘‘4 fiscal years’’; and 21 (B) by striking ‘‘3-fiscal-year period’’ and 22 inserting ‘‘4-fiscal-year period’’; and 23 (7) by striking paragraph (9). 24 889 •HR 3684 EH SEC. 2402. BUS FACILITIES AND FLEET EXPANSION COM- 1 PETITIVE GRANTS. 2 Section 5339(b) of title 49, United States Code, is 3 amended— 4 (1) in the heading by striking ‘‘BUSES AND 5 BUS FACILITIES COMPETITIVE GRANTS’’ and insert- 6 ing ‘‘BUS FACILITIES AND FLEET EXPANSION COM- 7 PETITIVE GRANTS’’; 8 (2) in paragraph (1)— 9 (A) by striking ‘‘buses and’’; 10 (B) by inserting ‘‘and certain buses’’ after 11 ‘‘capital projects’’; 12 (C) in subparagraph (A) by striking 13 ‘‘buses or related equipment’’ and inserting 14 ‘‘bus-related facilities’’; and 15 (D) by striking subparagraph (B) and in- 16 serting the following: 17 ‘‘(B) purchasing or leasing buses that will 18 not replace buses in the applicant’s fleet at the 19 time of application and will be used to— 20 ‘‘(i) increase the frequency of bus 21 service; or 22 ‘‘(ii) increase the service area of the 23 applicant.’’; 24 (3) by striking paragraph (2) and inserting the 25 following: 26 Full text truncated for size; the complete document is in the PDF above.
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