H.R. 2, Moving Forward Act
Summary
H.R. 2, printed as an Act of the 116th Congress, 2d Session, is the Moving Forward Act, whose stated purpose is to authorize funds for Federal-aid highways, highway safety programs, and transit programs. Its table of contents opens with Division A, Federal Surface Transportation Programs for Fiscal Year 2021. Division B, Surface Transportation, begins with Title I on Federal-aid highways, whose Subtitle A lists sections on the authorization of appropriations, Buy America and pedestrian and bike safety grants. Subtitle B, Programmatic Infrastructure Investment, lists sections on bridge investment, electric vehicle charging stations and the national highway freight program.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
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Cite this document
“H.R. 2, Moving Forward Act.”
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116TH CONGRESS
2D SESSION
H. R. 2
AN ACT
To authorize funds for Federal-aid highways, highway safety
programs, and transit programs, and for other purposes.
1 Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 SECTION 1. SHORT TITLE.
4 This Act may be cited as the ‘‘Moving Forward Act’’.
2
1 SEC. 2. TABLE OF CONTENTS.
2 The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
DIVISION A—FEDERAL SURFACE TRANSPORTATION PROGRAMS
FOR FISCAL YEAR 2021
Sec. 100. Short title.
Sec. 101. Extension of Federal surface transportation programs.
Sec. 102. Federal Highway Administration.
Sec. 103. Federal Transit Administration.
Sec. 104. National Highway Traffic Safety Administration.
Sec. 105. Federal Motor Carrier Safety Administration.
Sec. 106. High priority corridors on National Highway System.
Sec. 107. Definitions.
Sec. 108. Accessibility of public transportation for residents of areas of con-
centrated poverty.
DIVISION B—SURFACE TRANSPORTATION
Sec. 1001. Applicability of division.
TITLE I—FEDERAL-AID HIGHWAYS
Subtitle A—Authorizations and Program Conditions
Sec. 1101. Authorization of appropriations.
Sec. 1102. Obligation limitation.
Sec. 1103. Definitions and declaration of policy.
Sec. 1104. Apportionment.
Sec. 1105. Additional deposits into Highway Trust Fund.
Sec. 1106. Transparency.
Sec. 1107. Complete and context sensitive street design.
Sec. 1108. Innovative project delivery Federal share.
Sec. 1109. Transferability of Federal-aid highway funds.
Sec. 1110. Tolling.
Sec. 1111. HOV facilities.
Sec. 1112. Buy America.
Sec. 1113. Federal-aid highway project requirements.
Sec. 1114. State assumption of responsibility for categorical exclusions.
Sec. 1115. Surface transportation project delivery program written agreements.
Sec. 1116. Corrosion prevention for bridges.
Sec. 1117. Sense of Congress.
Sec. 1118. Additional support to rebuild rural communities.
Sec. 1119. Federal grants for pedestrian and bike safety improvements.
Subtitle B—Programmatic Infrastructure Investment
Sec. 1201. National highway performance program.
Sec. 1202. Increasing the resilience of transportation assets.
Sec. 1203. Emergency relief.
Sec. 1204. Railway crossings.
Sec. 1205. Surface transportation program.
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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.
Subtitle C—Project-Level Investments
Sec. 1301. Projects of national and regional significance.
Sec. 1302. Community transportation investment grant program.
Sec. 1303. Grants for charging and fueling infrastructure to modernize and re-
connect America for the 21st century.
Sec. 1304. Community climate innovation grants.
Sec. 1305. Metro performance program.
Sec. 1306. Gridlock reduction grant program.
Sec. 1307. Rebuild rural grant program.
Sec. 1308. Parking for commercial motor vehicles.
Sec. 1309. Active transportation connectivity grant program.
Subtitle D—Planning, Performance Management, and Asset Management
Sec. 1401. Metropolitan transportation planning.
Sec. 1402. Statewide and nonmetropolitan transportation planning.
Sec. 1403. National goals and performance management measures.
Sec. 1404. Transportation demand data and modeling study.
Sec. 1405. Fiscal constraint on long-range transportation plans.
Subtitle E—Federal Lands, Tribes, and Territories
Sec. 1501. Territorial and Puerto Rico highway program.
Sec. 1502. Tribal transportation program.
Sec. 1503. Tribal High Priority Projects program.
Sec. 1504. Federal lands transportation program.
Sec. 1505. Federal lands and Tribal major projects program.
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.
Subtitle F—Additional Provisions
Sec. 1601. Vision zero.
Sec. 1602. Speed limits.
Sec. 1603. 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.
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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. Construction of certain access and development roads.
Sec. 1618. Nationwide road safety assessment.
Sec. 1619. Wildlife crossings.
Sec. 1620. Climate resilient transportation infrastructure study.
Sec. 1621. Elimination of duplication of environmental reviews and approvals.
Sec. 1622. AMBER Alerts along major transportation routes.
Sec. 1623. Natural gas, electric battery, and zero emission vehicles.
Sec. 1624. Guidance on evacuation routes.
Sec. 1625. High priority corridors on National Highway System.
Sec. 1626. Guidance on inundated and submerged roads.
Sec. 1627. Use of revenues.
Sec. 1628. Dry bulk weight tolerance.
Sec. 1629. Highway use tax evasion projects.
Sec. 1630. The United States opposes child labor.
Sec. 1631. Report on COVID-related funding for aviation sector.
Sec. 1632. Climate resiliency report by GAO.
Sec. 1633. Aviation industry assistance for cleaner and quieter skies voucher
program.
Sec. 1634. Airborne ultrafine particle study.
Sec. 1635. Study on colonias.
Sec. 1636. GAO study on capital needs of public ferries.
Sec. 1637. Use of modeling and simulation technology.
Sec. 1638. GAO study on per-mile user fee equity.
Sec. 1639. GAO review of equity considerations at state DOTs.
Sec. 1640. Study on effectiveness of suicide prevention nets and barriers for
structures other than bridges.
Sec. 1641. Comptroller General study on national DUI reporting.
Sec. 1642. Future interstate designation and operation.
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 year 2022 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.
Subtitle B—Improving Frequency and Ridership
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Sec. 2201. Multi-jurisdictional bus frequency and ridership competitive grants.
Sec. 2202. Incentivizing frequency in the urban formula.
Sec. 2203. Mobility innovation.
Sec. 2204. Formula grants for rural areas.
Sec. 2205. One-stop paratransit program.
Subtitle C—Buy America and Other Procurement Reforms
Sec. 2301. Buy America.
Sec. 2302. Bus procurement streamlining.
Sec. 2303. Bus testing facility.
Sec. 2304. Repayment requirement.
Sec. 2305. Definition of urbanized areas following a major disaster.
Sec. 2306. Special rule for certain rolling stock procurements.
Sec. 2307. Certification requirements.
Sec. 2308. 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.
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.
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.
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.
Subtitle I—Other Program Reauthorizations
Sec. 2901. Reauthorization for capital and preventive maintenance projects for
Washington Metropolitan Area Transit Authority.
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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.
TITLE III—HIGHWAY TRAFFIC SAFETY
Sec. 3001. Authorization of appropriations.
Sec. 3002. Highway safety programs.
Sec. 3003. Traffic safety enforcement grants.
Sec. 3004. Highway safety research and development.
Sec. 3005. Grant program to prohibit racial profiling.
Sec. 3006. High-visibility enforcement program.
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.
TITLE IV—MOTOR CARRIER SAFETY
Subtitle A—Motor Carrier Safety Grants, Operations, and Programs
Sec. 4101. Motor carrier safety grants.
Sec. 4102. Motor carrier safety operations and programs.
Sec. 4103. Immobilization grant program.
Sec. 4104. Operation of small commercial vehicles study.
Subtitle B—Motor Carrier Safety Oversight
Sec. 4201. Motor carrier safety advisory committee.
Sec. 4202. Compliance, safety, accountability.
Sec. 4203. Terms and conditions for exemptions.
Sec. 4204. Safety fitness of motor carriers of passengers.
Sec. 4205. Providers of recreational activities.
Sec. 4206. Amendments to regulations relating to transportation of household
goods in interstate commerce.
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.
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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.
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.
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. Innovative material innovation hubs.
Sec. 5110. Strategic transportation research agenda.
Sec. 5111. Advanced transportation research and innovation program.
Sec. 5112. Interagency innovative materials standards task force.
Sec. 5113. Transportation equity research program.
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. Safe, efficient mobility through advanced technologies.
Sec. 5302. Intelligent transportation systems program.
Sec. 5303. National highly automated vehicle and mobility innovation clearing-
house.
Sec. 5304. Study on safe interactions between automated vehicles and road
users.
Sec. 5305. Nontraditional and Emerging Transportation Technology Council.
Sec. 5306. Hyperloop transportation.
Sec. 5307. Surface transportation workforce retraining grant program.
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Sec. 5308. Third-party data integration pilot program.
Sec. 5309. Third-party data planning integration pilot program.
Sec. 5310. Multimodal transportation demonstration program.
Sec. 5311. Automated Commercial Vehicle Reporting.
Subtitle D—Surface Transportation Funding Pilot Programs
Sec. 5401. State surface transportation system funding pilots.
Sec. 5402. National surface transportation system funding pilot.
Subtitle E—Miscellaneous
Sec. 5501. Ergonomic seating working group.
Sec. 5502. Repeal of section 6314 of title 49, United States Code.
Sec. 5503. Transportation workforce outreach program.
Sec. 5504. Advisory council on transportation statistics.
Sec. 5505. GAO Review of Discretionary Grant Programs.
Sec. 5506. Universal electronic identifier.
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. Local hire.
Sec. 6009. FTE cap.
Sec. 6010. Identification of COVID–19 testing needs of critical infrastructure
employees.
Sec. 6011. Rail covering.
TITLE VII—TRANSPORTATION INFRASTRUCTURE FINANCE AND
INNOVATION ACT
Sec. 7001. Transportation Infrastructure Finance and Innovation Act.
DIVISION C—HAZARDOUS MATERIALS TRANSPORTATION
Sec. 8001. Short title.
TITLE I—AUTHORIZATIONS
Sec. 8101. Authorization of appropriations.
TITLE II—HAZARDOUS MATERIALS SAFETY AND IMPROVEMENT
Sec. 8201. Repeal of certain requirements related to lithium cells and batteries.
Sec. 8202. Transportation of liquefied natural gas by rail tank car.
Sec. 8203. Hazardous materials training requirements and grants.
Sec. 8204. Pipeline and Hazardous Materials Safety Administration reporting
transparency requirements.
DIVISION D—RAIL
Sec. 9001. Short title.
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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. Buy America.
Sec. 9106. Rail network climate change vulnerability assessment.
Sec. 9107. North River Tunnel Shutdown Contingency Assesment.
Sec. 9108. Advance acquisition.
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. Recreational trail access.
Sec. 9217. Investigation of substandard performance.
Sec. 9218. Amtrak cybersecurity enhancement grant program.
Sec. 9219. Amtrak and private cars.
Sec. 9220. Amtrak Office of Community Outreach.
Sec. 9221. Sense of Congress.
TITLE III—INTERCITY PASSENGER RAIL POLICY
Sec. 9301. Northeast Corridor Commission.
Sec. 9302. Northeast Corridor planning.
Sec. 9303. Protective arrangements.
Sec. 9304. High-speed rail funds.
TITLE IV—COMMUTER RAIL POLICY
Sec. 9401. Surface Transportation Board mediation of trackage use requests.
Sec. 9402. Surface Transportation Board mediation of rights-of-way use re-
quests.
Sec. 9403. Chicago Union Station improvement plans.
TITLE V—RAIL SAFETY
Subtitle A—Passenger and Freight Safety
Sec. 9501. National Academies study on safety impact of trains longer than
7,500 feet.
Sec. 9502. GAO study on changes in freight railroad operating and scheduling
practices.
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Sec. 9503. FRA safety reporting.
Sec. 9504. Waiver notice requirements.
Sec. 9505. Notice of FRA comprehensive safety assessments.
Sec. 9506. FRA accident and incident investigations.
Sec. 9507. Rail safety improvements.
Sec. 9508. Annual review of speed limit action plans.
Sec. 9509. Freight train crew size safety standards.
Sec. 9510. Safe cross border operations.
Sec. 9511. Yardmasters hours of service.
Sec. 9512. Leaking brakes.
Sec. 9513. Annual report on PTC system failures.
Sec. 9514. Fatigue reduction pilot projects.
Sec. 9515. Assault prevention and response plans.
Sec. 9516. Critical incident stress plans.
Sec. 9517. Study on safety culture assessments.
Subtitle B—Grade Crossing Safety
Sec. 9551. Grade crossing separation grants.
Sec. 9552. Rail safety public awareness grants.
Sec. 9553. Establishment of 10-minute time limit for blocking public grade
crossings.
Sec. 9554. National strategy to address blocked crossings.
Sec. 9555. Railroad point of contact for blocked crossing matters.
Sec. 9556. National highway-rail crossing inventory review.
Sec. 9557. Counting railroad suicides.
Sec. 9558. Report on supplementary safety measures required for Quiet Zones.
DIVISION E—AVIATION
TITLE I—AIRPORT AND AIRWAY INFRASTRUCTURE
Sec. 10101. Airport planning and development and noise compatibility planning
and programs.
Sec. 10102. Supplemental funding for airports.
Sec. 10103. Airport resiliency projects.
Sec. 10104. FAA air traffic control facilities.
Sec. 10105. Airport innovative financing techniques.
Sec. 10106. Small airport letters of intent.
Sec. 10107. Minority and disadvantaged business size standards.
Sec. 10108. Changes in airport sponsorship or operations.
TITLE II—ENVIRONMENT
Sec. 10201. Alternative fuel and low-emission aviation technology program.
Sec. 10202. Expansion of voluntary airport low emission program.
Sec. 10203. Study and development of sustainable aviation fuels.
Sec. 10204. Center of excellence for alternative jet fuels and environment.
Sec. 10205. National evaluation of aviation and aerospace solutions to climate
change.
Sec. 10206. Joint Task Force on Air Travel.
DIVISION F—INVESTMENT IN WATER RESOURCES AND WATER-
RELATED INFRASTRUCTURE
Sec. 20001. Short title.
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TITLE I—CRITICAL WATER RESOURCES INVESTMENTS
Sec. 21001. Use of Harbor Maintenance Trust Fund to support navigation.
Sec. 21002. Annual report to Congress.
Sec. 21003. Harbor Maintenance Trust Fund discretionary spending limit ad-
justment.
Sec. 21004. Appropriations for Construction, Inland Waterways, Operation and
Maintenance.
TITLE II—CRITICAL CLEAN WATER INVESTMENTS
Subtitle A—Water Quality Protection and Job Creation Act
Sec. 22101. Short title.
Sec. 22102. Wastewater infrastructure workforce investment.
Sec. 22103. State management assistance.
Sec. 22104. Watershed, wet weather, and resiliency projects.
Sec. 22105. Pilot program for alternative water source projects.
Sec. 22106. Sewer overflow and stormwater reuse municipal grants.
Sec. 22107. Reports to Congress.
Sec. 22108. Indian Tribes.
Sec. 22109. Capitalization grants.
Sec. 22110. Water pollution control revolving loan funds.
Sec. 22111. Allotment of funds.
Sec. 22112. Reservation of funds for Territories of the United States.
Sec. 22113. Authorization of appropriations.
Sec. 22114. Technical assistance by Municipal Ombudsman.
Sec. 22115. Report on financial capability of municipalities.
Sec. 22116. Emerging contaminants.
Subtitle B—Local Water Protection
Sec. 22201. Nonpoint source management programs.
Subtitle C—Critical Regional Infrastructure Investments
Sec. 22301. Reauthorization of Chesapeake Bay Program.
Sec. 22302. San Francisco Bay restoration grant program.
Sec. 22303. Puget sound coordinated recovery.
Sec. 22304. Great Lakes Restoration Initiative Reauthorization.
Sec. 22305. National Estuary Program reauthorization.
Sec. 22306. Lake Pontchartrain Basin Restoration Program reauthorization.
Sec. 22307. Long Island Sound Program Reauthorization.
Sec. 22308. Columbia River Basin Restoration Program Reauthorization.
TITLE III—RESILIENCE REVOLVING LOAN FUND
Sec. 23001. Short title.
Sec. 23002. Grants to entities for establishment of hazard mitigation revolving
loan funds.
TITLE IV—SPORTS FISHING
Sec. 24001. Short title.
Sec. 24002. Division of annual appropriations.
Sec. 24003. Recreational boating access.
Sec. 24004. Wildlife Restoration Fund administration.
Sec. 24005. Sport fish restoration and boating trust fund.
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TITLE V—CLIMATE SMART PORTS
Sec. 25001. Short title.
Sec. 25002. Climate Smart Ports Grant Program.
Sec. 25003. Energy Policy Act of 2005 authorization of appropriations for port
authorities.
TITLE VI—OTHER MATTERS
Sec. 26001. Wastewater drug testing pilot program.
TITLE VII—NEW RIVER RESTORATION
Sec. 27001. Short title.
Sec. 27002. Definitions.
Sec. 27003. California New River restoration program establishment.
Sec. 27004. Grants and assistance.
Sec. 27005. Annual reports.
TITLE VIII—OTHER MATTERS
Sec. 28001. COVID–19 Wastewater Surveillance Research Program.
TITLE IX—OTHER MATTERS
Sec. 29001. Smart water infrastructure investment grants.
DIVISION G—ENERGY AND COMMERCE
TITLE I—BROADBAND INFRASTRUCTURE
Sec. 31001. Definitions.
Sec. 31002. Sense of Congress.
Sec. 31003. Severability.
Subtitle A—Digital Equity
Sec. 31100. Definitions.
CHAPTER 1—OFFICE OF INTERNET CONNECTIVITY AND GROWTH
Sec. 31101. Establishment of the Office of Internet Connectivity and Growth.
Sec. 31102. Duties.
Sec. 31103. Streamlined applications for support.
Sec. 31104. Coordination of support.
Sec. 31105. Rule of construction.
Sec. 31106. Funding.
Sec. 31107. Study and recommendations to connect socially disadvantaged indi-
viduals.
CHAPTER 2—DIGITAL EQUITY PROGRAMS
Sec. 31121. State Digital Equity Capacity Grant Program.
Sec. 31122. Digital Equity Competitive Grant Program.
Sec. 31123. Policy research, data collection, analysis and modeling, evaluation,
and dissemination.
Sec. 31124. General provisions.
CHAPTER 3—BROADBAND SERVICE FOR LOW-INCOME CONSUMERS
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Sec. 31141. Additional broadband benefit.
Sec. 31142. Grants to States to strengthen National Lifeline Eligibility
Verifier.
Sec. 31143. Federal coordination between Lifeline and SNAP verification.
CHAPTER 4—E–RATE SUPPORT FOR WI-FI HOTSPOTS, OTHER EQUIPMENT,
AND CONNECTED DEVICES
Sec. 31161. E–Rate support for Wi-Fi hotspots, other equipment, and con-
nected devices.
Subtitle B—Broadband Transparency
Sec. 31201. Definitions.
Sec. 31202. Broadband transparency.
Sec. 31203. Distribution of data.
Sec. 31204. Coordination with certain other Federal agencies.
Sec. 31205. Broadband consumer labels.
Sec. 31206. Appropriation for Broadband DATA Act.
Sec. 31207. GAO report.
Subtitle C—Broadband Access
CHAPTER 1—EXPANSION OF BROADBAND ACCESS
Sec. 31301. Expansion of broadband access in unserved areas and areas with
low-tier or mid-tier service.
Sec. 31302. Universal service in Indian country and areas with high popu-
lations of Indian people.
CHAPTER 2—BROADBAND INFRASTRUCTURE FINANCE AND INNOVATION
Sec. 31321. Definitions.
Sec. 31322. Determination of eligibility and project selection.
Sec. 31323. Secured loans.
Sec. 31324. Lines of credit.
Sec. 31325. Alternative prudential lending standards for small projects.
Sec. 31326. Program administration.
Sec. 31327. State and local permits.
Sec. 31328. Regulations.
Sec. 31329. Funding.
Sec. 31330. Reports to Congress.
CHAPTER 3—WI-FI ON SCHOOL BUSES
Sec. 31341. E-rate support for school bus Wi-Fi.
Subtitle D—Community Broadband
Sec. 31401. State, local, public-private partnership, and co-op broadband serv-
ices.
Subtitle E—Repeal of Rule and Prohibition on Use of NPRM
Sec. 31501. Repeal of rule and prohibition on use of NPRM.
Subtitle F—Next Generation 9–1–1
Sec. 31601. Sense of Congress.
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Sec. 31602. Statement of policy.
Sec. 31603. Coordination of Next Generation 9–1–1 Implementation.
Sec. 31604. Savings provision.
Subtitle G—Extension of 2.5 GHz Rural Tribal Priority Window
Sec. 31701. Extension of 2.5 GHz Rural Tribal Priority Window.
TITLE II—MOTOR VEHICLE SAFETY
Sec. 32001. Safety Warning for occupants of hot cars.
Sec. 32002. Protecting Americans from the Risks of Keyless Ignition Tech-
nology.
Sec. 32003. 21st Century Smart Cars.
Sec. 32004. Updating the 5-star safety rating system.
Sec. 32005. Advanced Drunk Driving prevention technology.
Sec. 32006. Limousine compliance with Federal Safety Standards.
Sec. 32007. Child restraint systems.
Sec. 32008. Motor vehicle pedestrian and cyclist protection.
TITLE III—ENERGY AND ENVIRONMENT INFRASTRUCTURE
Subtitle A—Infrastructure
CHAPTER 1—DRINKING WATER
SUBCHAPTER A—PFAS INFRASTRUCTURE GRANT PROGRAM
Sec. 33101. Establishment of PFAS Infrastructure Grant Program.
Sec. 33102. Definition.
SUBCHAPTER B—EXTENSIONS
Sec. 33103. Funding.
Sec. 33104. American iron and steel products.
Sec. 33105. Comprehensive lead service line replacement.
SUBCHAPTER C—OTHER MATTERS
Sec. 33106. Drinking water fountain replacement in public playgrounds and
parks.
SUBCHAPTER D—OTHER MATTERS
Sec. 33107. Assistance for areas affected by natural disasters.
SUBCHAPTER E—OTHER MATTERS
Sec. 33108. Allotments for territories.
CHAPTER 2—GRID SECURITY AND MODERNIZATION
Sec. 33111. 21st Century Power Grid.
Sec. 33112. Energy efficient transformer rebate program.
Sec. 33113. Interregional transmission planning report.
Sec. 33114. Promoting grid storage.
Sec. 33115. Expanding access to sustainable energy.
Sec. 33116. Interregional transmission planning rulemaking.
CHAPTER 3—CONTROLLING METHANE LEAKS FROM PIPELINES
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Sec. 33121. Improving the natural gas distribution system.
CHAPTER 4—RENEWABLE ENERGY
Sec. 33131. Grant program for solar installations located in, or that serve, low-
income and underserved areas.
CHAPTER 5—SMART COMMUNITIES
Sec. 33141. 3C energy program.
Sec. 33142. Federal technology assistance.
Sec. 33143. Technology demonstration grant program.
Sec. 33144. Smart city or community.
Sec. 33145. Clean cities coalition program.
CHAPTER 6—BROWNFIELDS
Sec. 33151. Brownfields funding.
CHAPTER 7—INDIAN ENERGY
Sec. 33161. Indian energy.
Sec. 33162. Report on electricity access and reliability.
CHAPTER 8—HYDROPOWER AND DAM SAFETY
Sec. 33171. Hydroelectric production incentives and efficiency improvements.
Sec. 33172. FERC briefing on Edenville Dam and Sanford Dam failures.
Sec. 33173. Dam safety conditions.
Sec. 33174. Dam safety requirements.
Sec. 33175. Viability procedures.
Sec. 33176. FERC dam safety technical conference with States.
Sec. 33177. Required dam safety communications between FERC and States.
Sec. 33178. Consideration of invasive species.
CHAPTER 9—LOAN PROGRAM OFFICE REFORM
Sec. 33181. Loan program office title XVII reform.
CHAPTER 10—CLIMATE ACTION PLANNING FOR PORTS
Sec. 33191. Grants To reduce greenhouse gas emissions at ports.
CHAPTER 11—CLEAN ENERGY AND SUSTAINABILITY ACCELERATOR
Sec. 33192. Clean Energy and Sustainability Accelerator.
CHAPTER 12—CARBON CAPTURE UTILIZATION AND STORAGE
Sec. 33193. Supporting carbon capture utilization and storage.
Subtitle B—Energy Efficiency
CHAPTER 1—ENERGY EFFICIENCY RETROFITS
SUBCHAPTER A—HOPE FOR HOMES
Sec. 33201. Definitions.
PART 1—HOPE TRAINING
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Sec. 33202. Notice for HOPE Qualification training and grants.
Sec. 33202A. Course criteria.
Sec. 33202B. HOPE Qualification.
Sec. 33202C. Grants.
Sec. 33202D. Authorization of appropriations.
PART 2—HOME ENERGY SAVINGS RETROFIT REBATE PROGRAM
Sec. 33203. Establishment of Home Energy Savings Retrofit Rebate Program.
Sec. 33203A. Partial system rebates.
Sec. 33203B. State administered rebates.
Sec. 33203C. Special provisions for moderate income households.
Sec. 33203D. Evaluation reports to Congress.
Sec. 33203E. Administration.
Sec. 33203F. Authorization of appropriations.
PART 3—GENERAL PROVISIONS
Sec. 33204. Appointment of personnel.
Sec. 33204A. Maintenance of funding.
SUBCHAPTER B—PUBLIC BUILDINGS
Sec. 33211. Energy efficient public buildings.
SUBCHAPTER C—SCHOOLS
Sec. 33221. Energy retrofitting assistance for schools.
Sec. 33222. Grants for energy efficiency improvements and renewable energy
improvements at public school facilities.
CHAPTER 2—WEATHERIZATION
Sec. 33231. Weatherization assistance program.
Sec. 33232. Report on waivers.
CHAPTER 3—ENERGY EFFICIENT CONSERVATION BLOCK GRANTS
Sec. 33241. Energy Efficiency and Conservation Block Grant Program.
CHAPTER 4—FEDERAL ENERGY AND WATER MANAGEMENT PERFORMANCE
Sec. 33251. Energy and water performance requirement for Federal facilities.
Sec. 33252. Federal Energy Management Program.
CHAPTER 5—TARGETED RESIDENTIAL TREE-PLANTING
Sec. 33261. Definitions.
Sec. 33262. Grant program.
Sec. 33263. Public recognition initiative.
Sec. 33264. Nonduplicity.
Sec. 33265. Authorization of appropriations.
CHAPTER 6—INDUSTRIAL ENERGY SAVINGS
Sec. 33271. Rebate program for energy efficient electrotechnologies.
Subtitle C—Vehicles
CHAPTER 1—DERA
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Sec. 33301. Reauthorization of diesel emissions reduction program.
CHAPTER 2—CLEAN COMMUTE FOR KIDS
Sec. 33311. Reauthorization of Clean School Bus Program.
Sec. 33312. Study on impact of air pollution from vehicles idling in school
zones.
CHAPTER 3—REFRIGERATED VEHICLES
Sec. 33321. Pilot program for the electrification of certain refrigerated vehicles.
CHAPTER 4—EV INFRASTRUCTURE
Sec. 33331. Definitions.
Sec. 33332. Electric vehicle supply equipment rebate program.
Sec. 33333. Expanding access to electric vehicles in underserved communities.
Sec. 33334. Ensuring program benefits for underserved and disadvantaged
communities.
Sec. 33335. Model building code for electric vehicle supply equipment.
Sec. 33336. Electric vehicle supply equipment coordination.
Sec. 33337. State consideration of electric vehicle charging.
Sec. 33338. State energy plans.
Sec. 33339. Transportation electrification.
Sec. 33340. Federal fleets.
Sec. 33341. Domestic Manufacturing Conversion Grant Program.
Sec. 33342. Advanced technology vehicles manufacturing incentive program.
Subtitle D—Buy American and Wage Rate Requirements
Sec. 33401. Use of American iron, steel, and manufactured goods.
Sec. 33402. Wage rate requirements.
Subtitle E—Ohio River Basin
Sec. 33501. Interagency plan.
Sec. 33502. Report on impacts of climate change on electric utilities.
Sec. 33503. Definition.
Subtitle F—Open Back Better
Sec. 33601. Short title.
Sec. 33602. Facilities energy resiliency.
Sec. 33603. Personnel.
Subtitle G—Other Matters
Sec. 33701. Water reuse interagency working group.
Subtitle H—Energy Workforce Development
CHAPTER 1—OFFICE OF ECONOMIC IMPACT, DIVERSITY, AND EMPLOYMENT
Sec. 33801. Name of office.
Sec. 33802. Energy workforce development programs.
Sec. 33803. Authorization.
CHAPTER 2—ENERGY WORKFORCE DEVELOPMENT
Sec. 33811. Energy workforce development.
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Sec. 33812. Energy workforce grant program.
Sec. 33813. Definitions.
TITLE IV—HEALTH CARE INFRASTRUCTURE
Sec. 34101. Hospital infrastructure.
Sec. 34102. Community Health Center Capital Project Funding.
Sec. 34103. Pilot program to improve laboratory infrastructure.
Sec. 34104. 21st century Indian health program hospitals and outpatient
health care facilities.
Sec. 34105. Pilot program to improve community-based care infrastructure.
Sec. 34106. Access road for Desert Sage Youth Wellness Center.
DIVISION H—ADDITIONAL PROGRAMS
TITLE I—ADDITIONAL PROGRAMS
Sec. 40001. National scenic byways program.
Sec. 40002. Authorization of appropriations for Department of Veterans Af-
fairs.
Sec. 40003. Requirements for owners and operators of equipment or facilities
used by passenger or freight transportation employers.
Sec. 40004. Revolving loan fund flexibility.
Sec. 40005. Authorization for science center construction.
Sec. 40006. GAO study on the impact of transportation policies on
marginalized communities.
Sec. 40007. Use of bird-safe features, practices, and strategies in public build-
ings.
Sec. 40008. GAO Study.
Sec. 40009. Land port of entry infrastructure modernization.
Sec. 40010. Colonias state of good repair grant program.
Sec. 40011. Accessibility of public transportation for pregnant women.
Sec. 40012. National Labs restoration and modernization.
Sec. 40013. Definitions.
Sec. 40014. Program establishment.
Sec. 40015. Grants and technical assistance.
Sec. 40016. Reporting.
Sec. 40017. Authorization of appropriations.
Sec. 40018. Reporting Requirements Relating to Federal Research Infrastruc-
ture.
Sec. 40019. American Infrastructure Opportunity Bonds.
TITLE II—BUILDING U.S. INFRASTRUCTURE BY LEVERAGING
DEMANDS FOR SKILLS (BUILDS)
Sec. 40101. Definitions.
Sec. 40102. Grants authorized.
Sec. 40103. Application.
Sec. 40104. Eligible activities.
Sec. 40105. Administration by the Secretary.
Sec. 40106. Authorization of appropriations.
Sec. 40107. Special rule.
DIVISION I—ZERO-EMISSION POSTAL FLEET AND OTHER
MATTERS
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Sec. 50001. Authorization of appropriation for United States Postal Service for
modernization of postal infrastructure.
Sec. 50002. Electric or zero-emission vehicles for United States Postal Service
fleet.
Sec. 50003. Clarification of authority of District of Columbia to carry out Long
Bridge project.
DIVISION J—COMMITTEE ON FINANCIAL SERVICES
Sec. 60001. Short title.
Sec. 60002. Findings.
Sec. 60003. Public Housing Capital Fund.
Sec. 60004. Rural Multifamily Preservation and Revitalization Demonstration
Program.
Sec. 60005. Flood Mitigation Assistance Grant Program.
Sec. 60006. Housing Trust Fund.
Sec. 60007. Single-Family Housing Repair Loans and Grants.
Sec. 60008. Native American Housing Block Grant Program.
Sec. 60009. HOME Investment Partnerships Program.
Sec. 60010. Program for supportive housing for persons with disabilities.
Sec. 60011. Program for supportive housing for the elderly.
Sec. 60012. Capital Magnet Fund.
Sec. 60013. Community development block grant funding for affordable hous-
ing and infrastructure.
Sec. 60014. Inclusion of minority and women’s business enterprises.
Sec. 60015. Reports on outcomes.
Sec. 60016. GAO study of flood disaster assistance inequities.
Sec. 60017. Grant program for manufactured housing preservation.
Sec. 60018. Lead abatement for families.
Sec. 60019. Comptroller General report on high-speed internet connectivity in
Federally-assisted housing.
Sec. 60020. Master plan for broadband connectivity in Federally-assisted hous-
ing.
Sec. 60021. United States Interagency Council on Homelessness.
Sec. 60022. GAO study of housing needs of populations at higher risk of home-
lessness.
Sec. 60023. Buy America requirements for community development block grant
activities.
Sec. 60024. Repeal of Faircloth amendment.
Sec. 60025. Study of effects of criminal history on access to housing.
DIVISION K—REOPEN AND REBUILD AMERICA’S SCHOOLS ACT
OF 2020
Sec. 70000. Short title; table of contents.
Sec. 70001. Definitions.
TITLE I—GRANTS FOR THE LONG-TERM IMPROVEMENT OF
PUBLIC SCHOOL FACILITIES
Subtitle A—Reservation and Allocation of Funds
Sec. 70101. Purpose and reservation.
Sec. 70102. Allocation to States.
Subtitle B—Grants to Local Educational Agencies
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Sec. 70111. Need-based grants to qualified local educational agencies.
Sec. 70112. Allowable uses of funds.
Sec. 70113. Prohibited uses.
Sec. 70114. Requirements for hazard-resistance, energy and water conserva-
tion, and air quality.
Sec. 70115. Green Practices.
Sec. 70116. Use of American iron, steel, and manufactured products.
Sec. 70117. Prohibition on use of funds for facilities of for-profit charter
schools.
Sec. 70118. Prohibition on use of funds for certain charter schools.
Subtitle C—Annual Report and Authorization of Appropriations
Sec. 70121. Annual report on grant program.
Sec. 70122. Authorization of appropriations.
TITLE II—OTHER REPORTS, DEVELOPMENT OF STANDARDS, AND
INFORMATION CLEARINGHOUSE
Sec. 70201. Comptroller general report.
Sec. 70202. Study and report physical condition of public schools.
Sec. 70203. Development of data standards.
Sec. 70204. Information clearinghouse.
Sec. 70205. Sense of Congress on Opportunity Zones.
TITLE III—IMPACT AID CONSTRUCTION
Sec. 70301. Temporary increase in funding for impact aid construction.
TITLE IV—ASSISTANCE FOR REPAIR OF SCHOOL FOUNDATIONS
AFFECTED BY PYRRHOTITE
Sec. 70401. Allocations to States.
Sec. 70402. Grants to local educational agencies.
Sec. 70403. Definitions.
Sec. 70404. Authorization of appropriations.
DIVISION L—PUBLIC LANDS, TRIBAL COMMUNITIES, AND
RESILIENT NATURAL INFRASTRUCTURE
Sec. 80000. Table of contents.
TITLE I—WATER RESOURCES INFRASTRUCTURE
Subtitle A—Water Settlements Infrastructure
Sec. 81101. Reclamation water settlements fund.
Sec. 81102. Conveyance capacity correction project.
Sec. 81103. Funding parity for water management goals and restoration goals.
Subtitle B—FUTURE Western Water Infrastructure and Drought Resiliency
Sec. 81201. Short title.
Sec. 81202. Definitions.
CHAPTER 1—INFRASTRUCTURE DEVELOPMENT
Sec. 81211. Competitive grant program for the funding of water recycling and
reuse projects.
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Sec. 81212. Storage project development reports to congress.
Sec. 81213. Funding for storage and supporting projects.
Sec. 81214. Extension of existing requirements for grandfathered storage
projects.
Sec. 81215. Desalination project development.
Sec. 81216. Assistance for disadvantaged communities without adequate drink-
ing water.
CHAPTER 2—IMPROVED TECHNOLOGY AND DATA
Sec. 81221. Reauthorization of water availability and use assessment program.
Sec. 81222. Renewal of advisory committee on water information.
Sec. 81223. Desalination technology development.
Sec. 81224. X-prize for water technology breakthroughs.
Sec. 81225. Study examining sediment transport.
Sec. 81226. Determination of water supply allocations.
Sec. 81227. Federal priority streamgages.
Sec. 81228. Study examining climate vulnerabilities at federal dams.
Sec. 81229. Innovative technology adoption.
CHAPTER 3—ECOSYSTEM PROTECTION AND RESTORATION
Sec. 81231. Waterbird habitat creation program.
Sec. 81232. Cooperative watershed management program.
Sec. 81233. Competitive grant program for the funding of watershed health
projects.
Sec. 81234. Support for refuge water deliveries.
Sec. 81235. Drought planning and preparedness for critically important fish-
eries.
Sec. 81236. Aquatic ecosystem restoration.
Sec. 81237. Reauthorization of the Fisheries Restoration and Irrigation Mitiga-
tion Act of 2000.
Sec. 81238. Report on fish that inhabit waters that contain perfluoroalkyl or
polyfluoroalkyl substances.
CHAPTER 4—WATER JOB TRAINING AND EDUCATION
Sec. 81241. Water resource education.
CHAPTER 5—MISCELLANEOUS
Sec. 81251. Offset.
Sec. 81252. Delayed water project recommendations.
Sec. 81253. Continued use of Pick-Sloan Missouri Basin Program project use
power by the Kinsey Irrigation Company and the Sidney Water
Users Irrigation District.
Subtitle C—Western Water Security
Sec. 81301. Definitions.
CHAPTER 1—INFRASTRUCTURE AND WATER MANAGEMENT
IMPROVEMENT
Sec. 81311. Watersmart extension and expansion.
Sec. 81312. Emergency drought funding.
Sec. 81313. Rio Grande Pueblo Irrigation Infrastructure Reauthorization.
Sec. 81314. Puerto Rico WaterSMART Grants Eligibility.
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CHAPTER 2—GROUNDWATER MANAGEMENT
Sec. 81321. Reauthorization and expansion of the Transboundary Aquifer As-
sessment Program.
Sec. 81322. Groundwater management assessment and improvement.
Sec. 81323. Surface and groundwater water availability and the energy nexus.
CHAPTER 3—WATER CONSERVATION AND ENVIRONMENTAL
RESTORATION
Sec. 81331. Definitions.
Sec. 81332. Water acquisition program.
Sec. 81333. Middle Rio Grande Water Conservation.
Sec. 81334. Sustaining biodiversity during droughts.
Sec. 81335. Reauthorization of cooperative watershed management program.
CHAPTER 4—EFFECT ON EXISTING LAW
Sec. 81341. Effect on existing law.
Subtitle D—Water Resources Research Amendments
Sec. 81411. Water Resources Research Act amendments.
Subtitle E—Ground Water Recharge Planning
Sec. 81511. Ground water recharge planning.
Subtitle F—Tribal Water Infrastructure
Sec. 81611. Finding.
Sec. 81612. Indian Health Services Sanitation Facilities Construction Program
funding.
Subtitle G—Navajo Utah Water Rights Settlement
Sec. 81711. Purposes.
Sec. 81712. Definitions.
Sec. 81713. Ratification of agreement.
Sec. 81714. Navajo water rights.
Sec. 81715. Navajo trust accounts.
Sec. 81716. Authorization of appropriations.
Sec. 81717. Conditions precedent.
Sec. 81718. Waivers and releases.
Sec. 81719. Miscellaneous provisions.
Sec. 81720. Relation to allottees.
Sec. 81721. Antideficiency.
TITLE II—NATIONAL PARKS, FORESTS, AND PUBLIC LANDS
Subtitle A—Public Lands Telecommunications
Sec. 82101. Definitions.
Sec. 82102. Collection and retention of rental fees associated with communica-
tions use authorizations on Federal lands and Federal land
management agency support for communication site programs.
Sec. 82103. Cooperative agreement authority.
Subtitle B—Outdoors for All
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Sec. 82201. Definitions.
Sec. 82202. Grants authorized.
Sec. 82203. Eligible uses.
Sec. 82204. National park service requirements.
Sec. 82205. Reporting.
Sec. 82206. Revenue sharing.
Subtitle C—Updated Borrowing Authority
Sec. 82301. Presidio Trust borrowing authority.
Subtitle D—Forest Service Legacy Roads and Trails Remediation Program
Sec. 82401. Forest Service Legacy Roads and Trails Remediation Program.
Subtitle E—Long Bridge
Sec. 82501. Authorization of National Park Service conveyances.
Subtitle F—Western Riverside County Wildlife Refuge
Sec. 82601. Western Riverside County Wildlife Refuge.
Sec. 82602. Purpose.
Sec. 82603. Notification of establishment.
Sec. 82604. Boundaries.
Sec. 82605. Administration.
Sec. 82606. Acquisition and transfers of lands and waters for wildlife refuge.
Subtitle G—Tribal Land to Trust
Sec. 82701. Lands to be taken into trust.
TITLE III—OCEANS AND WILDLIFE
Subtitle A—Coastal and Great Lakes Resiliency and Restoration
Sec. 83101. Shovel-Ready Restoration and Resiliency Grant Program.
Sec. 83102. Living Shoreline Grant Program.
Subtitle B—Wildlife Corridors Conservation Act
Sec. 83201. Definitions.
CHAPTER 1—NATIONAL WILDLIFE CORRIDOR SYSTEM ON FEDERAL LAND
AND WATER
Sec. 83211. National wildlife corridors.
Sec. 83212. Administrative designation of national wildlife corridors.
Sec. 83213. Management of national wildlife corridors.
CHAPTER 2—WILDLIFE CORRIDORS CONSERVATION
SUBCHAPTER A—NATIONAL WILDLIFE CORRIDOR SYSTEM ON FEDERAL LAND
AND WATER
Sec. 83311. Collaboration and coordination.
Sec. 83312. Effect.
SUBCHAPTER B—TRIBAL WILDLIFE CORRIDORS
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Sec. 83321. Tribal Wildlife Corridors.
Sec. 83322. Protection of Indian Tribes.
SUBCHAPTER C—WILDLIFE MOVEMENT GRANT PROGRAM ON NON-FEDERAL
LAND AND WATER
Sec. 83331. Wildlife movements grant program.
Sec. 83332. National Coordination Committee.
Sec. 83333. Regional wildlife movement councils.
SUBCHAPTER D—NATIONAL WILDLIFE CORRIDORS DATABASE
Sec. 83341. National wildlife corridors database.
CHAPTER 3—FUNDING
Sec. 83401. Wildlife corridors stewardship fund.
Sec. 83402. Authorization of appropriations.
CHAPTER 4—AUTHORIZATION OF APPROPRIATIONS
SUBCHAPTER A—NATURAL INFRASTRUCTURE FOR WILDLIFE CONSERVATION
AND RESTORATION
Sec. 83511. Short title.
Sec. 83512. Wildlife Conservation and Restoration Subaccount.
Sec. 83513. Technical amendments.
Sec. 83514. Savings clause.
SUBCHAPTER B—NATURAL INFRASTRUCTURE FOR TRIBAL WILDLIFE
CONSERVATION AND RESTORATION
Sec. 83521. Indian Tribes.
CHAPTER 5—MISCELLANEOUS
Sec. 83601 Reauthorization of Chesapeake Bay gateways and watertrails net-
work.
TITLE IV—ENERGY
Subtitle A—Establishment of Federal Orphaned Well Remediation Program
Sec. 84101. Establishment of federal orphaned well remediation program.
Sec. 84102. Federal bonding reform.
Subtitle B—Surface Mining Control and Reclamation Act Amendments
Sec. 84201. Abandoned Mine Land Reclamation Fund.
Sec. 84202. Emergency Powers.
Sec. 84203. Reclamation fee.
Subtitle C—Revitalizing the Economy of Coal Communities by Leveraging
Local Activities and Investing More
Sec. 84301. Economic revitalization for coal country.
Sec. 84302. Technical and conforming amendments.
Sec. 84303. Minimum State payments.
Sec. 84304. GAO study of use of funds.
Sec. 84305. Payments to certified States not affected.
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Subtitle D—Public Land Renewable Energy Development
Sec. 84401. Definitions.
Sec. 84402. Land use planning; supplements to programmatic environmental
impact statements.
Sec. 84403. Environmental review on covered land.
Sec. 84404. Program to improve renewable energy project permit coordination.
Sec. 84405. Increasing economic certainty.
Sec. 84406. Limited grandfathering.
Sec. 84407. Renewable energy goal.
Sec. 84408. Disposition of revenues.
Sec. 84409. Promoting and enhancing development of geothermal energy.
Sec. 84410. Facilitation of coproduction of geothermal energy on oil and gas
leases.
Sec. 84411. Noncompetitive leasing of adjoining areas for development of geo-
thermal resources.
Sec. 84412. Savings clause.
Subtitle E—Offshore Wind Jobs and Opportunity
Sec. 84501. Offshore Wind Career Training Grant Program.
Subtitle F—Community Reclamation Partnerships
Sec. 84601. Reference.
Sec. 84602. State memoranda of understanding for certain remediation.
Sec. 84603. Clarifying State liability for mine drainage projects.
Sec. 84604. Conforming amendments.
Subtitle G—Sinkhole Hazard Identification
Sec. 84701. Sinkhole hazard identification.
TITLE V—LABOR STANDARDS
Sec. 85101. Labor Standards.
DIVISION M—REVENUE PROVISIONS
Sec. 90001. Short title; etc.
TITLE I—INFRASTRUCTURE FINANCING
Subtitle A—Bond Financing Enhancements
Sec. 90101. Credit to issuer for certain infrastructure bonds.
Sec. 90102. Advance refunding bonds.
Sec. 90103. Permanent modification of small issuer exception to tax-exempt in-
terest expense allocation rules for financial institutions.
Sec. 90104. Volume cap on private activity bonds.
Sec. 90105. Modifications to qualified small issue bonds.
Sec. 90106. Expansion of certain exceptions to the private activity bond rules
for first-time farmers.
Sec. 90107. Exempt facility bonds for zero-emission vehicle infrastructure.
Sec. 90108. Certain water and sewage facility bonds exempt from volume cap
on private activity bonds.
Sec. 90109. Qualified highway or surface freight transfer facility bonds.
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Sec. 90110. Application of Davis-Bacon Act requirements with respect to cer-
tain exempt facility bonds.
Subtitle B—School Infrastructure Bonds
Sec. 90111. Restoration of certain qualified tax credit bonds.
Sec. 90112. School infrastructure bonds.
Sec. 90113. Annual report on bond program.
Sec. 90114. Examining loan modifications to the HBCU Capital Financing
Program.
Subtitle C—Other Provisions Related to Infrastructure Financing
Sec. 90121. Credit for operations and maintenance costs of government-owned
broadband.
Sec. 90122. Treatment of financial guaranty insurance companies as qualifying
insurance corporations under passive foreign investment com-
pany rules.
Sec. 90123. Infrastructure grants to improve child care safety.
TITLE II—NEW MARKETS TAX CREDIT
Sec. 90201. Improvement and permanent extension of new markets tax credit.
TITLE III—REHABILITATION TAX CREDIT
Sec. 90301. Increase in rehabilitation credit.
Sec. 90302. Increase in the rehabilitation credit for certain small projects.
Sec. 90303. Modification of definition of substantially rehabilitated.
Sec. 90304. Temporary extension of period for completing rehabilitation.
Sec. 90305. Elimination of rehabilitation credit basis adjustment.
Sec. 90306. Modifications regarding certain tax-exempt use property.
Sec. 90307. Qualification of rehabilitation expenditures for public school build-
ings for rehabilitation credit.
TITLE IV—GREEN ENERGY
Sec. 90400. Short title.
Subtitle A—Renewable Electricity and Reducing Carbon Emissions
Sec. 90401. Extension of credit for electricity produced from certain renewable
resources.
Sec. 90402. Extension and modification of energy credit.
Sec. 90403. Extension of credit for carbon oxide sequestration.
Sec. 90404. Elective payment for energy property and electricity produced from
certain renewable resources, etc.
Sec. 90405. Extension of energy credit for offshore wind facilities.
Sec. 90406. Green energy publicly traded partnerships.
Subtitle B—Renewable Fuels
Sec. 90411. Biodiesel and renewable diesel.
Sec. 90412. Extension of excise tax credits relating to alternative fuels.
Sec. 90413. Extension of second generation biofuel incentives.
Subtitle C—Green Energy and Efficiency Incentives for Individuals
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Sec. 90421. Extension, increase, and modifications of nonbusiness energy prop-
erty credit.
Sec. 90422. Residential energy efficient property.
Sec. 90423. Energy efficient commercial buildings deduction.
Sec. 90424. Extension, increase, and modifications of new energy efficient
home credit.
Sec. 90425. Modifications to income exclusion for conservation subsidies.
Subtitle D—Greening the Fleet and Alternative Vehicles
Sec. 90431. Modification of limitations on new qualified plug-in electric drive
motor vehicle credit.
Sec. 90432. Credit for previously-owned qualified plug-in electric drive motor
vehicles.
Sec. 90433. Credit for zero-emission heavy vehicles and zero-emission buses.
Sec. 90434. Qualified fuel cell motor vehicles.
Sec. 90435. Alternative fuel refueling property credit.
Sec. 90436. Modification of employer-provided fringe benefits for bicycle com-
muting.
Subtitle E—Investment in the Green Workforce
Sec. 90441. Extension of the advanced energy project credit.
Sec. 90442. Labor costs of installing mechanical insulation property.
Sec. 90443. Labor standards for certain energy jobs.
Subtitle F—Environmental Justice
Sec. 90451. Qualified environmental justice program credit.
Subtitle G—Treasury Report on Data From the Greenhouse Gas Reporting
Program
Sec. 90461. Report on Greenhouse Gas Reporting Program.
TITLE V—DISASTER AND RESILIENCY
Sec. 90501. Exclusion of amounts received from state-based catastrophe loss
mitigation programs.
Sec. 90502. Repeal of temporary limitation on personal casualty losses.
TITLE VI—HOUSING
Subtitle A—Low-Income Housing Tax Credit Improvements
Sec. 90601. Extension of period for rehabilitation expenditures.
Sec. 90602. Extension of basis expenditure deadline.
Sec. 90603. Tax-exempt bond financing requirement.
Sec. 90604. Minimum credit rate.
Sec. 90605. Increases in State allocations.
Sec. 90606. Increase in credit for certain projects designated to serve extremely
low-income households.
Sec. 90607. Inclusion of Indian areas as difficult development areas for pur-
poses of certain buildings.
Sec. 90608. Inclusion of rural areas as difficult development areas.
Sec. 90609. Increase in credit for bond-financed projects designated by housing
credit agency.
Sec. 90610. Repeal of qualified contract option.
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Sec. 90611. Prohibition of local approval and contribution requirements.
Sec. 90612. Adjustment of credit to provide relief during COVID–19 outbreak.
Sec. 90613. Credit for low-income housing supportive services.
Subtitle B—Neighborhood Homes Credit
Sec. 90621. Neighborhood homes credit.
TITLE VII—TRIBAL DEVELOPMENT
Sec. 90701. Treatment of Indian Tribes as States with respect to bond
issuance.
Sec. 90702. Treatment of Tribal foundations and charities like charities funded
and controlled by other governmental funders and sponsors.
Sec. 90703. New markets tax credit.
TITLE VIII—HIGHWAY TRUST FUND AND RELATED TAXES
Sec. 90801. Extension of Highway Trust Fund expenditure authority.
Sec. 90802. Extension of highway-related taxes.
Sec. 90803. Additional transfers to Highway Trust Fund.
DIVISION N—RIGHTS FOR TRANSPORTATION SECURITY
OFFICERS
Sec. 91001. Short title.
Sec. 91002. Definitions.
Sec. 91003. Conversion of TSA personnel.
Sec. 91004. Transition rules.
Sec. 91005. Consultation requirement.
Sec. 91006. No right to strike.
Sec. 91007. Rule of construction with respect to certain crimes relating to ter-
rorism.
Sec. 91008. Report by GAO regarding TSA recruitment.
Sec. 91009. Sense of Congress.
Sec. 91010. Assistance for Federal Air Marshal Service.
Sec. 91011. Prohibition on certain social media application.
Sec. 91012. Veterans hiring.
Sec. 91013. Prevention and protection against certain illness.
DIVISION O—AGRICULTURE INFRASTRUCTURE IMPROVEMENTS
Sec. 92001. Reforestation Trust Fund.
DIVISION P—BUDGETARY EFFECTS
Sec. 93001. Budgetary effects.
DIVISION Q—STATE-OWNED ENTERPRISES
Sec. 94001. State-Owned enterprises prohibition.
1 SEC. 3. REFERENCES.
2 Except as expressly provided otherwise, any reference
3 to ‘‘this Act’’ contained in any division of this Act shall
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1 be treated as referring only to the provisions of that divi-
2 sion.
3 DIVISION A—FEDERAL SURFACE
4 TRANSPORTATION PRO-
5 GRAMS FOR FISCAL YEAR
6 2021
7 SEC. 100. SHORT TITLE.
8 This division and division B of this Act may be cited
9 as the ‘‘Investing in a New Vision for the Environment
10 and Surface Transportation in America Act’’ or the ‘‘IN-
11 VEST in America Act’’.
12 SEC. 101. EXTENSION OF FEDERAL SURFACE TRANSPOR-
13 TATION PROGRAMS.
14 (a) EXTENSION OF FEDERAL SURFACE TRANSPOR-
15 TATION PROGRAMS.—
16 (1) IN GENERAL.—Except as otherwise pro-
17 vided in this division, the requirements, authorities,
18 conditions, eligibilities, limitations, and other provi-
19 sions authorized under the covered laws, which
20 would otherwise expire on or cease to apply after
21 September 30, 2020, are incorporated by reference
22 and shall continue in effect through September 30,
23 2021.
24 (2) AUTHORIZATION OF APPROPRIATIONS.—
25 (A) HIGHWAY TRUST FUND.—
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1 (i) HIGHWAY ACCOUNT.—
2 (I) IN GENERAL.—Except as pro-
3 vided in subclause (II), there is au-
4 thorized to be appropriated from the
5 Highway Account for fiscal year 2021,
6 for each program under the covered
7 laws with respect to which amounts
8 are authorized to be appropriated
9 from such account for fiscal year
10 2020, an amount equal to the amount
11 authorized for appropriation with re-
12 spect to the program from such ac-
13 count for fiscal year 2020.
14 (II) ADMINISTRATIVE EX-
15 PENSES.—Notwithstanding any other
16 provision of this division, there is au-
17 thorized to be appropriated from the
18 Highway Account for fiscal year
19 2021—
20 (aa) $502,897,049 for ad-
21 ministrative expenses of the Fed-
22 eral Highway Administration, as
23 described in section 104(a) of
24 title 23, United States Code; and
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1 (bb) $30,086,000 for grant
2 administrative expenses of the
3 National Highway Traffic Safety
4 Administration, as described in
5 section 4001(a)(6) of the FAST
6 Act (Public Law 114–94).
7 (ii) MASS TRANSIT ACCOUNT.—There
8 is authorized to be appropriated from the
9 Mass Transit Account for fiscal year 2021,
10 for each program under the covered laws
11 with respect to which amounts are author-
12 ized to be appropriated from such account
13 for fiscal year 2020, an amount equal to
14 the amount authorized for appropriation
15 with respect to the program from such ac-
16 count for fiscal year 2020.
17 (B) GENERAL FUND.—
18 (i) IN GENERAL.—Except as provided
19 in clause (ii), there is authorized to be ap-
20 propriated for fiscal year 2021, for each
21 program with respect to which amounts
22 are authorized to be appropriated for fiscal
23 year 2020 from an account other than the
24 Highway Account or the Mass Transit Ac-
25 count under the titles described in sub-
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1 section (b)(1), an amount not less than the
2 amount authorized for appropriation with
3 respect to the program under such titles
4 for fiscal year 2020.
5 (ii) ADMINISTRATIVE EXPENSES.—
6 Notwithstanding any other provision of
7 this division, there is authorized to be ap-
8 propriated from the general fund of the
9 Treasury for fiscal year 2021
10 $140,016,543 for administrative expenses
11 of the Federal Transit Administration.
12 (3) USE OF FUNDS.—Except as otherwise pro-
13 vided in this division, amounts authorized to be ap-
14 propriated for fiscal year 2021 with respect to a pro-
15 gram under paragraph (2) shall be distributed, ad-
16 ministered, limited, and made available for obliga-
17 tion in the same manner as amounts authorized to
18 be appropriated with respect to the program for fis-
19 cal year 2020 under the covered laws.
20 (4) OBLIGATION LIMITATION.—
21 (A) IN GENERAL.—Except as provided in
22 subparagraph (B), a program for which
23 amounts are authorized to be appropriated
24 under paragraph (2)(A) shall be subject to a
25 limitation on obligations for fiscal year 2021 in
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1 the same amount and in the same manner as
2 the limitation applicable with respect to the
3 program for fiscal year 2020 under the Depart-
4 ment of Transportation Appropriations Act,
5 2020 (Public Law 116–94), as in effect on De-
6 cember 20, 2019.
7 (B) FEDERAL-AID HIGHWAY AND HIGHWAY
8 SAFETY CONSTRUCTION PROGRAMS.—
9 (i) IN GENERAL.—Notwithstanding
10 any other provision of this division, section
11 1102 of the FAST Act (Public Law 114–
12 94), or the Department of Transportation
13 Appropriations Act, 2020 (Public Law
14 116–94), for fiscal year 2021, the obliga-
15 tions for Federal-aid highway and highway
16 safety construction programs shall not ex-
17 ceed $46,387,191,360.
18 (ii) LIMITATION ON FEDERAL HIGH-
19 WAY ADMINISTRATION ADMINISTRATIVE
20 EXPENSES.—Notwithstanding any other
21 provision of this division, of the amount
22 described in clause (i), for fiscal year 2021
23 an amount not to exceed $478,897,049, to-
24 gether with advances and reimbursements
25 received by the Federal Highway Adminis-
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1 tration, shall be obligated for necessary ex-
2 penses for administration and operation of
3 the Federal Highway Administration.
4 (b) DEFINITIONS.—In this section, the term ‘‘covered
5 laws’’ means the following:
6 (1) Titles I, III, IV, V, and VI of division A of
7 the FAST Act (Public Law 114–94).
8 (2) Division A, division B, subtitle A of title I
9 and title II of division C, and division E of MAP–
10 21 (Public Law 112–141).
11 (3) Titles I, II, and III of the SAFETEA–LU
12 Technical Corrections Act of 2008 (Public Law 110–
13 244).
14 (4) Titles I, II, III, IV, V, and VI of
15 SAFETEA–LU (Public Law 109–59).
16 (5) Titles I, II, III, IV, and V of the Transpor-
17 tation Equity Act for the 21st Century (Public Law
18 105–178).
19 (6) Titles II, III, and IV of the National High-
20 way System Designation Act of 1995 (Public Law
21 104–59).
22 (7) Title I, part A of title II, title III, title IV,
23 title V, and title VI of the Intermodal Surface
24 Transportation Efficiency Act of 1991 (Public Law
25 102–240).
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1 (8) Title 23, United States Code.
2 (9) Sections 116, 117, 330, and 5505 and
3 chapters 53, 139, 303, 311, 313, 701, and 702 of
4 title 49, United States Code.
5 SEC. 102. FEDERAL HIGHWAY ADMINISTRATION.
6 (a) ADDITIONAL AMOUNTS.—
7 (1) AUTHORIZATION OF APPROPRIATIONS.—
8 (A) IN GENERAL.—In addition to amounts
9 authorized under section 101, there is author-
10 ized to be appropriated from the Highway Ac-
11 count for fiscal year 2021, for activities under
12 this section, $14,742,808,640.
13 (B) CONTRACT AUTHORITY.—Amounts au-
14 thorized to be appropriated under subparagraph
15 (A) shall be available for obligation as if appor-
16 tioned under chapter 1 of title 23, United
17 States Code.
18 (2) OBLIGATION CEILING.—
19 (A) IN GENERAL.—Notwithstanding any
20 other provision of law, for fiscal year 2021, ob-
21 ligations for activities authorized under para-
22 graph (1) shall not exceed $14,742,808,640.
23 (B) DISTRIBUTION OF OBLIGATION AU-
24 THORITY.—
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1 (i) IN GENERAL.—Of the obligation
2 authority provided under subparagraph
3 (A), the Secretary shall make available to
4 States, Tribes, Puerto Rico, the territories,
5 and Federal land management agencies,
6 during the period of fiscal year 2021,
7 amounts of obligation authority equal to
8 the amounts described in subparagraphs
9 (A) through (E) of paragraph (3), respec-
10 tively.
11 (ii) FURTHER DISTRIBUTION.—Each
12 State, each Tribe, Puerto Rico, each terri-
13 tory, and each Federal land management
14 agency receiving funds under subpara-
15 graphs (A) through (E) of paragraph (3),
16 respectively, shall receive an amount of ob-
17 ligation authority equal to the funds that
18 it receives under any of such subpara-
19 graphs.
20 (C) REDISTRIBUTION OF UNUSED OBLIGA-
21 TION AUTHORITY.—
22 (i) IN GENERAL.—Notwithstanding
23 subparagraph (B), the Secretary shall,
24 after August 1 of fiscal year 2021—
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1 (I) revise a distribution of the ob-
2 ligation authority made available
3 under subparagraph (B) if an amount
4 distributed cannot be obligated during
5 that fiscal year; and
6 (II) redistribute sufficient
7 amounts to those States able to obli-
8 gate amounts in addition to those pre-
9 viously distributed during that fiscal
10 year, giving priority to those States
11 having large unobligated balances of
12 funds apportioned under sections 144
13 (as in effect on the day before the
14 date of enactment of MAP–21 (Public
15 Law 112–141)) and 104 of title 23,
16 United States Code.
17 (ii) ADMINISTRATION.—The Secretary
18 shall administer a redistribution under
19 clause (i) of obligation authority provided
20 under subparagraph (B) in a similar man-
21 ner as the standard August redistribution.
22 (iii) USE OF OBLIGATION AUTHOR-
23 ITY.—A State may use obligation authority
24 that it receives pursuant to this subpara-
25 graph in the same manner that it uses ob-
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1 ligation authority that it receives as part of
2 the standard August redistribution.
3 (3) DISTRIBUTION OF FUNDS.—Amounts au-
4 thorized to be appropriated for fiscal year 2021
5 under paragraph (1) shall be distributed as follows:
6 (A) $14,384,629,710 to the States.
7 (B) $167,481,814 to Tribes.
8 (C) $52,400,251 to Puerto Rico.
9 (D) $13,929,181 to the territories.
10 (E) $124,367,684 to Federal land manage-
11 ment agencies.
12 (4) STATE FUNDS.—
13 (A) DISTRIBUTION.—
14 (i) IN GENERAL.—Amounts made
15 available under paragraph (3)(A) shall be
16 distributed among the States in the same
17 ratio as total State apportionments under
18 section 104(c)(1) of title 23, United States
19 Code, in fiscal year 2020.
20 (ii) SUBALLOCATION.—
21 (I) IN GENERAL.—Amounts dis-
22 tributed among the States under
23 clause (i) shall be suballocated within
24 the State to an area described in sub-
25 clause (II) in the proportion that—
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1 (aa) the total amount of
2 funds suballocated to such area
3 of the State as described in such
4 subclause for fiscal year 2020;
5 bears to
6 (bb) the total amount of
7 funds apportioned to the State
8 for the Federal-aid highway pro-
9 gram under section 104 of title
10 23, United States Code, for fiscal
11 year 2020.
12 (II) AREAS DESCRIBED.—The
13 areas described in this subclause
14 are—
15 (aa) urbanized areas of the
16 State with an urbanized area
17 population of over 200,000;
18 (bb) areas of the State other
19 than urban areas with a popu-
20 lation greater than 5,000; and
21 (cc) other areas of the State.
22 (B) TREATMENT.—Except as otherwise
23 provided in this paragraph, amounts made
24 available under paragraph (3)(A) shall be ad-
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1 ministered as if apportioned under chapter 1 of
2 title 23, United States Code.
3 (C) USE OF FUNDS.—Amounts made avail-
4 able under paragraph (3)(A) may be obligated
5 for—
6 (i) eligible projects described in sec-
7 tion 133(b) of title 23, United States
8 Code, subject to section 133(c) of such
9 title; and
10 (ii) administrative expenses, including
11 salaries and benefits, of—
12 (I) the State department of
13 transportation;
14 (II) a local transportation agen-
15 cy; or
16 (III) a metropolitan planning or-
17 ganization.
18 (5) TRIBAL FUNDS.—
19 (A) TREATMENT.—
20 (i) IN GENERAL.—Except as otherwise
21 provided in this paragraph, amounts made
22 available under paragraph (3)(B) shall be
23 administered as if made available under
24 section 202 of title 23, United States
25 Code.
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1 (ii) NONAPPLICABILITY OF CERTAIN
2 PROVISIONS OF LAW.—Subsections (a)(6),
3 (c), (d), and (e) of section 202 of title 23,
4 United States Code, shall not apply to
5 amounts made available under paragraph
6 (3)(B).
7 (B) USE OF FUNDS.—Amounts made
8 available under paragraph (3)(B) may be obli-
9 gated for—
10 (i) activities eligible under section
11 202(a)(1) of title 23, United States Code;
12 and
13 (ii) transportation-related administra-
14 tive expenses, including salaries and bene-
15 fits, of the Tribe.
16 (6) FUNDS FOR PUERTO RICO AND THE TERRI-
17 TORIES.—
18 (A) TREATMENT.—
19 (i) IN GENERAL.—Except as otherwise
20 provided in this paragraph, amounts made
21 available under paragraphs (3)(C) and
22 (3)(D) shall be administered as if allocated
23 under sections 165(b) and 165(c), respec-
24 tively, of title 23, United States Code.
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1 (ii) NONAPPLICABILITY OF CERTAIN
2 PROVISIONS OF LAW.—Section 165(b)(2)
3 of title 23, United States Code, shall not
4 apply to amounts made available to Puerto
5 Rico under paragraph (3)(C).
6 (B) USE OF FUNDS.—
7 (i) PUERTO RICO.—Amounts made
8 available to Puerto Rico under paragraph
9 (3)(C) may be obligated for—
10 (I) activities eligible under chap-
11 ter 1 of title 23, United States Code;
12 and
13 (II) transportation related ad-
14 ministrative expenses, including sala-
15 ries and benefits.
16 (ii) TERRITORIES.—Amounts made
17 available to a territory under paragraph
18 (3)(D) may be obligated for—
19 (I) activities eligible under sec-
20 tion 165(c)(6) of title 23, United
21 States Code, subject to section
22 165(c)(7) of such title; and
23 (II) transportation-related ad-
24 ministrative expenses, including sala-
25 ries and benefits.
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1 (7) FEDERAL LAND MANAGEMENT AGENCY
2 FUNDS.—
3 (A) DISTRIBUTION.—Amounts made avail-
4 able under paragraph (3)(E) shall be distrib-
5 uted among the Federal land management
6 agencies as follows:
7 (i) $99,494,147 for the National Park
8 Service.
9 (ii) $9,949,415 for the United States
10 Fish and Wildlife Service.
11 (iii) $6,301,296 for the United States
12 Forest Service.
13 (iv) $8,622,826 to be allocated to the
14 applicable Federal land management agen-
15 cies as described in section 203(b) of title
16 23, United States Code.
17 (B) TREATMENT.—Amounts made avail-
18 able under paragraph (3)(E) shall be adminis-
19 tered as if made available under section 203 of
20 title 23, United States Code.
21 (8) DISADVANTAGED BUSINESS ENTER-
22 PRISES.—Section 1101(b) of the FAST Act (Public
23 Law 114–94) shall apply to additional amounts
24 made available under paragraph (1).
25 (b) SPECIAL RULES FOR FISCAL YEAR 2021.—
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1 (1) SUBALLOCATED AMOUNTS.—
2 (A) USE OF FUNDS.—Amounts authorized
3 to be appropriated for fiscal year 2021 with re-
4 spect to a program under section 101(a)(2)(A)
5 that are suballocated pursuant to section
6 133(d)(1)(A) of title 23, United States Code,
7 may be obligated for—
8 (i) eligible projects as described in
9 section 133(b) of title 23, United States
10 Code; or
11 (ii) administrative expenses, including
12 salaries and benefits, of—
13 (I) a local transportation agency;
14 or
15 (II) a metropolitan planning or-
16 ganization.
17 (B) OBLIGATION AUTHORITY.—
18 (i) IN GENERAL.—A State that is re-
19 quired to obligate in an urbanized area
20 with an urbanized area population of over
21 200,000 individuals under section 133(d)
22 of title 23, United States Code, funds ap-
23 portioned to the State under section
24 104(b)(2) of such title shall make available
25 during the period of fiscal years 2016
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1 through 2021 an amount of obligation au-
2 thority distributed to the State for Fed-
3 eral-aid highways and highway safety con-
4 struction programs for use in the area that
5 is equal to the amount obtained by multi-
6 plying—
7 (I) the aggregate amount of
8 funds that the State is required to ob-
9 ligate in the area under section
10 133(d) of title 23, United States
11 Code, during the period; and
12 (II) the ratio that—
13 (aa) the aggregate amount
14 of obligation authority distrib-
15 uted to the State for Federal-aid
16 highways and highway safety
17 construction programs during the
18 period; bears to
19 (bb) the total of the sums
20 apportioned to the State for Fed-
21 eral-aid highways and highway
22 safety construction programs (ex-
23 cluding sums not subject to an
24 obligation limitation) during the
25 period.
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1 (ii) JOINT RESPONSIBILITY.—Each
2 State, each affected metropolitan planning
3 organization, and the Secretary shall joint-
4 ly ensure compliance with clause (i).
5 (2) FERRY BOAT PROGRAM.—Amounts author-
6 ized to be appropriated for fiscal year 2021 with re-
7 spect to a program under section 101(a)(2)(A) that
8 are made available for the construction of ferry
9 boats and ferry terminal facilities under section 147
10 of title 23, United States Code, may be obligated—
11 (A) in accordance with sections 129(c) and
12 147 of title 23, United States Code;
13 (B) for administrative expenses, including
14 salaries and benefits, of a ferry boat operator or
15 ferry terminal facility operator eligible for Fed-
16 eral participation under section 129(c) of title
17 23, United States Code; and
18 (C) for operating costs associated with a
19 ferry boat or ferry terminal facility eligible for
20 Federal participation under section 129(c) of
21 title 23, United States Code.
22 (3) NATIONALLY SIGNIFICANT FREIGHT AND
23 HIGHWAY PROJECTS.—In fiscal year 2021, the pro-
24 gram carried out under section 117 of title 23,
25 United States Code, shall, in addition to any other-
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1 wise applicable requirements, be subject to the fol-
2 lowing provisions:
3 (A) MULTIMODAL PROJECTS.—Notwith-
4 standing subsection (d)(2)(A) of such section,
5 the limitation for projects described in such
6 subsection shall be $600,000,000 for fiscal
7 years 2016 through 2021.
8 (B) ADDITIONAL CONSIDERATIONS.—Not-
9 withstanding subsection (h)(2) of such section,
10 the Secretary shall not consider the utilization
11 of non-Federal contributions.
12 (C) EVALUATION AND RATING.—To evalu-
13 ate applications for funding under such section,
14 the Secretary shall—
15 (i) determine whether a project is eli-
16 gible for a grant under such section;
17 (ii) evaluate, through a methodology
18 that is discernible and transparent to the
19 public, how each application addresses the
20 merit criteria established by the Secretary;
21 (iii) assign a quality rating for each
22 merit criteria for each application based on
23 the evaluation under clause (ii);
24 (iv) ensure that applications receive
25 final consideration by the Secretary to re-
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1 ceive an award under such section only on
2 the basis of such quality ratings and that
3 the Secretary gives final consideration only
4 to applications that meet the minimally ac-
5 ceptable level for each of the merit criteria;
6 and
7 (v) award grants only to projects
8 rated highly under the evaluation and rat-
9 ing process.
10 (D) PUBLICATION AND METHODOLOGY.—
11 In any published notice of funding opportunity
12 for a grant under such section, the Secretary
13 shall include detailed information on the rating
14 methodology and merit criteria to be used to
15 evaluate applications.
16 (E) REPEAT APPLICATIONS.—
17 (i) BRIEFING.—The Secretary shall
18 provide to each applicant that applied for,
19 but did not receive, funding under such
20 section in fiscal year 2019 or 2020, at the
21 request of the applicant, the opportunity to
22 receive a briefing to—
23 (I) explain any reasons the appli-
24 cation was not selected for funding;
25 and
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1 (II) advise the applicant on how
2 to improve the application for resub-
3 mission in fiscal year 2021 under the
4 application criteria described in this
5 paragraph.
6 (ii) SUPPLEMENTARY APPLICATION.—
7 (I) IN GENERAL.—An applicant
8 for funding under such section may
9 elect to resubmit an application from
10 a previous solicitation with a supple-
11 mentary appendix that describes how
12 the proposed project meets the re-
13 quirements of section 117 of title 23,
14 United States Code, and this para-
15 graph.
16 (II) REQUIREMENTS.—The Sec-
17 retary shall ensure that applications
18 submitted under subclause (I), includ-
19 ing the supplementary appendix, are
20 evaluated based on such requirements.
21 (F) CONGRESSIONAL NOTIFICATION.—A
22 notification submitted pursuant to subsection
23 (m) of such section shall include—
24 (i) a summary of each application
25 submitted and, at the request of either
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1 Committee, a copy of any application sub-
2 mitted;
3 (ii) a list of any projects the Secretary
4 determined were not eligible for funding;
5 (iii) a description of the specific cri-
6 teria used for each evaluation, including
7 the quality rating assigned for each eligible
8 application submitted;
9 (iv) a list of all projects that advanced
10 to the Secretary for consideration; and
11 (v) a detailed justification of the basis
12 for each award proposed to be selected.
13 (c) FEDERAL SHARE.—
14 (1) IN GENERAL.—Except as provided in para-
15 graph (3) and notwithstanding section 120 of title
16 23, United States Code, or any other provision of
17 this division, the Federal share associated with
18 funds described in paragraph (2) that are obligated
19 during fiscal year 2021 may be up to 100 percent.
20 (2) FUNDS DESCRIBED.—The funds described
21 in this paragraph are funds made available for the
22 implementation or execution of Federal-aid highway
23 and highway safety construction programs author-
24 ized under title 23 or 49, United States Code, the
25 FAST Act (Public Law 114–94), or this division.
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1 (3) EXCEPTIONS.—Paragraph (1) shall not
2 apply to amounts obligated under section 115 or 117
3 of title 23, United States Code, or chapter 6 of such
4 title.
5 (d) ADMINISTRATIVE EXPENSES.—
6 (1) SELF-CERTIFICATION AND AUDIT.—
7 (A) IN GENERAL.—Prior to the obligation
8 of funds for administrative expenses pursuant
9 to paragraph (4)(C)(ii), (5)(B)(ii), (6)(B)(i)(II),
10 or (6)(B)(ii)(II) of subsection (a) or paragraphs
11 (1)(A)(ii) and (2)(B) of subsection (b), a State,
12 a Tribe, Puerto Rico, or a territory, as applica-
13 ble, shall certify to the Secretary that such ad-
14 ministrative expenses meet the requirements of
15 such paragraphs, as applicable.
16 (B) AUDIT.—The Secretary may conduct
17 an audit to review obligations of funds and liq-
18 uidation of such obligations for eligible adminis-
19 trative expenses described under subparagraph
20 (A).
21 (2) PLANNING.—Notwithstanding any other
22 provision of law, administrative expenses described
23 in paragraph (1)(A) shall not be required to be in-
24 cluded in a metropolitan transportation plan, a long-
25 range statewide transportation plan, a transpor-
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1 tation improvement program, or a statewide trans-
2 portation improvement program under sections 134
3 or 135 of title 23, United States Code, or chapter
4 53 of title 49, United States Code, as applicable.
5 (e) DEFINITIONS.—In this section, the following defi-
6 nitions apply:
7 (1) STANDARD AUGUST REDISTRIBUTION.—The
8 term ‘‘standard August redistribution’’ means the
9 redistribution of obligation authority that the Sec-
10 retary is directed to administer under—
11 (A) section 1102(d) of the FAST Act
12 (Public Law 114–94); or
13 (B) any Act making appropriations for the
14 Department of Transportation for fiscal year
15 2021.
16 (2) STATE.—The term ‘‘State’’ means the 50
17 States and the District of Columbia.
18 (3) TERRITORY.—The term ‘‘territory’’ means
19 any of the following territories of the United States:
20 (A) American Samoa.
21 (B) The Commonwealth of the Northern
22 Mariana Islands.
23 (C) Guam.
24 (D) The United States Virgin Islands.
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1 (4) URBAN AREA; URBANIZED AREA.—The
2 terms ‘‘urban area’’ and ‘‘urbanized area’’ have the
3 meanings given such terms in section 101 of title 23,
4 United States Code.
5 SEC. 103. FEDERAL TRANSIT ADMINISTRATION.
6 (a) ADDITIONAL AMOUNTS.—
7 (1) AUTHORIZATION OF APPROPRIATIONS FROM
8 MASS TRANSIT ACCOUNT.—
9 (A) IN GENERAL.—In addition to amounts
10 authorized under section 101, there is author-
11 ized to be appropriated from the Mass Transit
12 Account for fiscal year 2021, for activities
13 under this section, $5,794,851,538.
14 (B) APPORTIONMENT.—Amounts author-
15 ized under subparagraph (A) shall be appor-
16 tioned in accordance with section 5310, section
17 5311 (other than subsections (b)(3), (c)(1)(A),
18 and (c)(2) of such section), section 5336 (other
19 than subsection (h)(4) of such section), section
20 5337, and section 5340 of title 49, United
21 States Code, except that funds apportioned
22 under section 5337 of such title shall be added
23 to funds apportioned under section 5307 of
24 such title for administration under section 5307
25 of such title.
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1 (C) ALLOCATION.—The Secretary shall al-
2 locate the amounts authorized to be appro-
3 priated to sections 5307, 5310, 5311, 5337,
4 and 5340 of title 49, United States Code,
5 among such sections in the same ratio as funds
6 are provided in the fiscal year 2020 appropria-
7 tions.
8 (D) OBLIGATION LIMITATION.—Notwith-
9 standing any other provision of law, for fiscal
10 year 2021, obligations for activities authorized
11 under this paragraph shall not exceed
12 $5,794,851,538.
13 (2) AUTHORIZATION OF APPROPRIATIONS FROM
14 GENERAL FUND.—In addition to amounts authorized
15 under section 101(a)(1)(B), there is authorized to be
16 appropriated from the general fund of the Treas-
17 ury—
18 (A) $958,000,000 to carry out section
19 5309 of title 49, United States Code; and
20 (B) such sums as may be necessary to be
21 made available as described in subsection (c)
22 and that such sums shall be designated by the
23 Congress as being for an emergency require-
24 ment pursuant to section 251(b)(2)(A)(i) of the
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1 Balanced Budget and Emergency Deficit Con-
2 trol Act of 1985.
3 (3) DISADVANTAGED BUSINESS ENTER-
4 PRISES.—Section 1101(b) of the FAST Act (Public
5 Law 114–94) shall apply to additional amounts
6 made available under this subsection.
7 (b) SPECIAL RULES FOR FISCAL YEAR 2021.—
8 (1) USE OF FUNDS.—Notwithstanding
9 5307(a)(1) of title 49, United States Code, amounts
10 made available under subsection (a)(1)(A) may be
11 obligated for—
12 (A) operating expenses, including, begin-
13 ning on January 20, 2020—
14 (i) reimbursement for operating costs
15 to maintain service and offset lost revenue,
16 including the purchase of personal protec-
17 tive equipment; and
18 (ii) paying the administrative leave of
19 operations personnel due to reductions in
20 service; and
21 (B) any other activity eligible under sec-
22 tion 5307, 5310, 5311, or 5337 of title 49,
23 United States Code.
24 (2) CONDITIONS.—Recipients use of funds
25 under paragraph (1) shall—
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1 (A) not require that operating expenses de-
2 scribed in paragraph (1)(A) be included in a
3 metropolitan transportation plan, long-range
4 statewide transportation plan, a transportation
5 improvement program, or a statewide transpor-
6 tation improvement program;
7 (B) meet the requirements of section 5333
8 of title 49, United States Code; and
9 (C) to the maximum extent possible, be di-
10 rected to payroll and public transit service, un-
11 less the recipient certifies to the Secretary that
12 such recipient has not furloughed any employ-
13 ees.
14 (3) OVERSIGHT.—
15 (A) Of the amounts made available to
16 carry out this section, the percentages available
17 for oversight in section 5338(f)(1) of title 49,
18 United States Code, shall apply to the alloca-
19 tions of funds in subsection (a)(1)(C).
20 (B) USE OF FUNDS.—Amounts made
21 available under subsection (a)(1)(A) shall be
22 available for administrative expenses and pro-
23 gram management oversight as authorized
24 under sections 5334 and 5338(f)(2) of title 49,
25 United States Code.
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1 (4) ADMINISTRATION OF GRANTS.—Amounts
2 made available under subsection (a)(1)(A) shall be
3 administered, at the option of the recipient, as
4 grants provided under the CARES Act (Public Law
5 116–136) are administered.
6 (c) CIG COVID–19 EMERGENCY RELIEF PRO-
7 GRAM.—
8 (1) IN GENERAL.—From amounts made avail-
9 able under subsection (a)(2)(B) and notwithstanding
10 section 5309(k)(2)(C)(ii), section 5309(a)(7)(B), or
11 section 5309(l)(1)(B)(ii) of title 49, United States
12 Code, at the request of a project sponsor, the Sec-
13 retary shall use such sums as may be necessary to
14 provide an additional 30 percent of total project
15 costs for any project under—
16 (A) 5309(d) of title 49, United States
17 Code, that has been approved for advancement
18 into the engineering phase;
19 (B) 5309(e) of title 49, United States
20 Code, that has entered into the project develop-
21 ment phase or approved for advancement into
22 the engineering phase;
23 (C) subsection (d) or (e) of section 5309 of
24 title 49, United States Code, that has a full
25 funding grant agreement entered into under ei-
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1 ther such subsection after January 1, 2017;
2 and
3 (D) section 5309(h) of title 49, United
4 States Code, that the Federal Transit Adminis-
5 tration has a small starts grant award or agree-
6 ment entered into after January, 1, 2017, or
7 that has been recommended by the Administra-
8 tion for an allocation of capital investment
9 funds that were appropriated in fiscal year
10 2018, 2019, or 2020.
11 (2) PROJECT ELIGIBILITY.—From amounts
12 made available under subsection (a)(2)(B), the Sec-
13 retary shall use such sums as may be necessary for
14 projects under section 5309 of title 49, United
15 States Code, that—
16 (A) are not eligible for funds made avail-
17 able under paragraph (1); and
18 (B) have remaining scheduled Federal
19 funds to be appropriated under a full funding
20 grant agreement under such section.
21 (3) DEFERRED LOCAL SHARE.—The Secretary
22 shall allow a project sponsor to defer payment of the
23 local share for any project described in paragraphs
24 (1) and (2).
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1 (4) TOTAL PROJECT COST.—In this subsection,
2 the term ‘‘total project cost’’ means the most recent
3 total project cost stipulated in—
4 (A) the full funding grant agreement;
5 (B) the approval into project engineering;
6 (C) the project rating for a project not yet
7 approved into project engineering;
8 (D) the small starts grant or grant agree-
9 ment; or
10 (E) the project rating for a small starts
11 project that has not yet been awarded a grant
12 or grant agreement.
13 (5) FEDERAL SHARE.—The Federal share of
14 the costs of a project under this subsection may not
15 exceed 80 percent.
16 (6) APPLICATION OF LAW.—For purposes of
17 paragraph (1), the Secretary shall apply section
18 7001(b) of this Act when providing the additional 30
19 percent of total project costs to any project that
20 meets the criteria in such section.
21 (d) FEDERAL SHARE.—
22 (1) IN GENERAL.—Notwithstanding chapter 53
23 of title 49, United States Code, or any other provi-
24 sion of this division, the Federal share associated
25 with funds described in paragraph (2) that are obli-
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1 gated during fiscal year 2021 may be up to 100 per-
2 cent.
3 (2) FUNDS DESCRIBED.—The funds described
4 in this paragraph are funds made available for the
5 implementation of transit programs authorized by
6 chapter 53 of title 49, United States Code, the
7 FAST Act (Public Law 114–94), or this division, ex-
8 cluding funds made available to projects under sec-
9 tion 5309 of title 49, United States Code.
10 (e) CONDITION FOR APPORTIONMENT.—No funds
11 authorized in this division or any other Act may be used
12 to adjust Mass Transit Account apportionments or with-
13 hold funds from Mass Transit Account apportionments
14 pursuant to section 9503(e)(4) of the Internal Revenue
15 Code of 1986 in fiscal year 2021.
16 SEC. 104. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINIS-
17 TRATION.
18 (a) SPECIAL FUNDING FOR FISCAL YEAR 2021.—
19 (1) IN GENERAL.—
20 (A) AUTHORIZATION OF APPROPRIA-
21 TIONS.—In addition to amounts authorized
22 under section 101, there is authorized to be ap-
23 propriated from the Highway Account for fiscal
24 year 2021, for activities under this subsection,
25 $244,514,000.
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1 (B) CONTRACT AUTHORITY.—Amounts au-
2 thorized under subparagraph (A) shall be avail-
3 able for obligation in the same manner as if
4 such funds were apportioned under chapter 1 of
5 title 23, United States Code.
6 (C) OBLIGATION LIMITATION.—Notwith-
7 standing any other provision of law, for fiscal
8 year 2021, obligations for activities authorized
9 under this paragraph and obligations for activi-
10 ties authorized under section
11 101(a)(2)(A)(i)(II)(bb) that exceed amounts au-
12 thorized under section 4001(a)(6) of the FAST
13 Act (Public Law 114–94) shall not exceed
14 $247,783,000.
15 (2) DISTRIBUTION OF FUNDS.—Amounts au-
16 thorized to be appropriated for fiscal year 2021
17 under paragraph (1) shall be distributed as follows:
18 (A) $105,000,000 for carrying out section
19 402 of title 23, United States Code.
20 (B) $15,312,000 for carrying out section
21 403 of title 23, United States Code.
22 (C) $19,202,000 for carrying out section
23 404 of title 23, United States Code.
24 (D) $105,000,000 for carrying out section
25 405 of title 23, United States Code.
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1 (b) SPECIAL RULES FOR FISCAL YEAR 2021.—
2 (1) FEDERAL SHARE.—Notwithstanding sec-
3 tions 120, 405(b)(2), 405(c)(2), 405(d)(2) and
4 405(h)(2) of title 23, United States Code, the Fed-
5 eral share of activities for fiscal year 2021 carried
6 out under chapter 4 of title 23, United States Code
7 and section 1906 of SAFETEA–LU (23 U.S.C. 402
8 note) shall be 100 percent.
9 (2) PERIOD OF AVAILABILITY.—Notwith-
10 standing section 118(b) of title 23, United States
11 Code, funds apportioned or allocated to a State in
12 fiscal years 2017 and 2018 under sections 402 and
13 405 of title 23, United States Code, and section
14 1906 of SAFETEA–LU (23 U.S.C. 402 note), shall
15 remain available for obligation in that State for a
16 period of 4 years after the last day of the fiscal year
17 for which the funds are authorized. Notwithstanding
18 any other provision of law, this paragraph shall
19 apply as if such paragraph was enacted on Sep-
20 tember 30, 2020.
21 (3) MAINTENANCE OF EFFORT.—Notwith-
22 standing section 405(a)(9) of title 23, United States
23 Code, the Secretary may waive the maintenance of
24 effort requirements under such section for fiscal
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1 year 2021 for a State, if the Secretary determines
2 appropriate.
3 (4) IN-VEHICLE ALCOHOL DETECTION DEVICE
4 RESEARCH.—In carrying out subsection (h) of sec-
5 tion 403 of title 23, United States Code, the Sec-
6 retary may obligate from funds made available to
7 carry out such section for fiscal year 2021 not more
8 than $5,312,000 to conduct the research described
9 in paragraph (1) of such subsection.
10 (5) COOPERATIVE RESEARCH AND EVALUA-
11 TION.—Notwithstanding the apportionment formula
12 set forth in section 402(c)(2) of title 23, United
13 States Code, and section 403(f)(1) of title 23,
14 United States Code, $2,500,000 of the total amount
15 available for apportionment to the States for high-
16 way safety programs under section 402(c)(2) of title
17 23, United States Code, for each of fiscal years
18 2016 through 2021, shall be available for expendi-
19 ture by the Secretary, acting through the Adminis-
20 trator of the National Highway Traffic Safety Ad-
21 ministration, for a cooperative research and evalua-
22 tion program to research and evaluate priority high-
23 way safety countermeasures. This paragraph shall
24 apply as if such paragraph was enacted on October
25 1, 2015.
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1 SEC. 105. FEDERAL MOTOR CARRIER SAFETY ADMINISTRA-
2 TION.
3 (a) SPECIAL FUNDING FOR FISCAL YEAR 2021.—
4 (1) AUTHORIZATION OF APPROPRIATIONS.—
5 (A) IN GENERAL.—In addition to amounts
6 authorized under section 101, there is author-
7 ized to be appropriated from the Highway Ac-
8 count for fiscal year 2021, for activities under
9 this subsection, $209,900,000.
10 (B) OBLIGATION LIMITATION.—Notwith-
11 standing any other provision of law, for fiscal
12 year 2021, obligations for activities authorized
13 under this paragraph shall not exceed
14 $209,900,000.
15 (2) DISTRIBUTION OF FUNDS.—Amounts au-
16 thorized to be appropriated for fiscal year 2021
17 under paragraph (1) shall be distributed as follows:
18 (A) Subject to section 31104(c) of title 49,
19 United States Code—
20 (i) $80,512,000 for carrying out sec-
21 tion 31102 (except subsection (l)) of title
22 49, United States Code);
23 (ii) $14,208,000 for carrying out sec-
24 tion 31102(l) of title 49, United States
25 Code; and
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1 (iii) $23,680,000 for carrying out sec-
2 tion 31313 of title 49, United States Code.
3 (B) $91,500,000 for carrying out section
4 31110 of title 49, United States Code.
5 (3) TREATMENT OF FUNDS.—Except as pro-
6 vided in subsection (b), amounts made available
7 under this section shall be made available for obliga-
8 tion and administered as if made available under
9 chapter 311 of title 49, United States Code.
10 (b) SPECIAL RULES FOR FISCAL YEAR 2021.—
11 (1) FINANCIAL ASSISTANCE AGREEMENTS FED-
12 ERAL SHARE.—Notwithstanding chapter 311 of title
13 49, United States Code, or any regulations adopted
14 pursuant to such chapter, for the duration of fiscal
15 year 2021 with respect to all financial assistance
16 made available under subsection (a) and section 101,
17 the Secretary of Transportation may—
18 (A) reimburse recipients under section
19 31104(b)(2) of title 49, United States Code, in
20 an amount that is 100 percent of the costs de-
21 scribed in such section; and
22 (B) waive the maintenance of effort re-
23 quirement under 31102(f) of title 49, United
24 States Code, for all States without requiring
25 States to request a waiver.
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1 (2) FINANCIAL ASSISTANCE AGREEMENTS PE-
2 RIOD OF AVAILABILITY.—Notwithstanding section
3 31104(f) of title 49, United States Code, the Sec-
4 retary shall extend the periods of availability de-
5 scribed in such section by 1 year.
6 (3) ADMINISTRATIVE EXPENSES.—The Admin-
7 istrator of the Federal Motor Carrier Safety Admin-
8 istration shall ensure that funds made available
9 under subsection (a)(2)(B) are used, to the max-
10 imum extent practicable, to support—
11 (A) the acceleration of planned investments
12 to modernize the Administration’s information
13 technology and information management sys-
14 tems;
15 (B) the completion of outstanding statu-
16 tory mandates required by MAP–21 (112–141)
17 and the FAST Act (114–94); and
18 (C) a Large Truck Crash Causal Factors
19 Study of the Administration.
20 SEC. 106. HIGH PRIORITY CORRIDORS ON NATIONAL HIGH-
21 WAY SYSTEM.
22 (a) IDENTIFICATION.—
23 (1) CENTRAL TEXAS CORRIDOR.—Section
24 1105(c)(84) of the Intermodal Surface Transpor-
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1 tation Efficiency Act of 1991 is amended to read as
2 follows:
3 ‘‘(84) The Central Texas Corridor, including
4 the route—
5 ‘‘(A) commencing in the vicinity of Texas
6 Highway 338 in Odessa, Texas, running east-
7 ward generally following Interstate Route 20,
8 connecting to Texas Highway 158 in the vicin-
9 ity of Midland, Texas, then following Texas
10 Highway 158 eastward to United States Route
11 87 and then following United States Route 87
12 southeastward, passing in the vicinity of San
13 Angelo, Texas, and connecting to United States
14 Route 190 in the vicinity of Brady, Texas;
15 ‘‘(B) commencing at the intersection of
16 Interstate Route 10 and United States Route
17 190 in Pecos County, Texas, and following
18 United States Route 190 to Brady, Texas;
19 ‘‘(C) following portions of United States
20 Route 190 eastward, passing in the vicinity of
21 Fort Hood, Killeen, Belton, Temple, Bryan,
22 College Station, Huntsville, Livingston, Wood-
23 ville, and Jasper, to the logical terminus of
24 Texas Highway 63 at the Sabine River Bridge
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1 at Burrs Crossing and including a loop gen-
2 erally encircling Bryan/College Station, Texas;
3 ‘‘(D) following United States Route 83
4 southward from the vicinity of Eden, Texas, to
5 a logical connection to Interstate Route 10 at
6 Junction, Texas;
7 ‘‘(E) following United States Route 69
8 from Interstate Route 10 in Beaumont, Texas,
9 north to United States Route 190 in the vicin-
10 ity of Woodville, Texas;
11 ‘‘(F) following United States Route 96
12 from Interstate Route 10 in Beaumont, Texas,
13 north to United States Route 190 in the vicin-
14 ity of Jasper, Texas; and
15 ‘‘(G) following United States Route 190,
16 State Highway 305, and United States Route
17 385 from Interstate Route 10 in Pecos County,
18 Texas to Interstate 20 at Odessa, Texas.’’.
19 (2) CENTRAL LOUISIANA CORRIDOR.—Section
20 1105(c) of the Intermodal Surface Transportation
21 Efficiency Act of 1991 is amended by adding at the
22 end the following:
23 ‘‘(91) The Central Louisiana Corridor com-
24 mencing at the logical terminus of Louisiana High-
25 way 8 at the Sabine River Bridge at Burrs Crossing
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1 and generally following portions of Louisiana High-
2 way 8 to Leesville, Louisiana, and then eastward on
3 Louisiana Highway 28, passing in the vicinity of Al-
4 exandria, Pineville, Walters, and Archie, to the log-
5 ical terminus of United States Route 84 at the Mis-
6 sissippi River Bridge at Vidalia, Louisiana.’’.
7 (3) CENTRAL MISSISSIPPI CORRIDOR.—Section
8 1105(c) of the Intermodal Surface Transportation
9 Efficiency Act of 1991, as amended by this Act, is
10 further amended by adding at the end the following:
11 ‘‘(92) The Central Mississippi Corridor, includ-
12 ing the route—
13 ‘‘(A) commencing at the logical terminus
14 of United States Route 84 at the Mississippi
15 River and then generally following portions of
16 United States Route 84 passing in the vicinity
17 of Natchez, Brookhaven, Monticello, Prentiss,
18 and Collins, to Interstate 59 in the vicinity of
19 Laurel, Mississippi, and continuing on Inter-
20 state Route 59 north to Interstate Route 20
21 and on Interstate Route 20 to the Mississippi-
22 Alabama State Border; and
23 ‘‘(B) commencing in the vicinity of Laurel,
24 Mississippi, running south on Interstate Route
25 59 to United States Route 98 in the vicinity of
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1 Hattiesburg, connecting to United States Route
2 49 south then following United States Route 49
3 south to Interstate Route 10 in the vicinity of
4 Gulfport and following Mississippi Route 601
5 southerly terminating near the Mississippi State
6 Port at Gulfport.’’.
7 (4) MIDDLE ALABAMA CORRIDOR.—Section
8 1105(c) of the Intermodal Surface Transportation
9 Efficiency Act of 1991, as amended by this Act, is
10 further amended by adding at the end the following:
11 ‘‘(93) The Middle Alabama Corridor including
12 the route—
13 ‘‘(A) beginning at the Alabama-Mississippi
14 Border generally following portions of I–20
15 until following a new interstate extension paral-
16 leling United States Highway 80 specifically:
17 ‘‘(B) crossing Alabama Route 28 near
18 Coatopa, Alabama, traveling eastward crossing
19 United States Highway 43 and Alabama Route
20 69 near Selma, Alabama, traveling eastwards
21 closely paralleling United States Highway 80 to
22 the south crossing over Alabama Routes 22, 41,
23 and 21, until its intersection with I–65 near
24 Hope Hull, Alabama;
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1 ‘‘(C) continuing east along the proposed
2 Montgomery Outer Loop south of Montgomery,
3 Alabama where it would next join with I–85
4 east of Montgomery, Alabama;
5 ‘‘(D) continuing along I–85 east bound
6 until its intersection with United States High-
7 way 280 near Opelika, Alabama or United
8 States Highway 80 near Tuskegee, Alabama;
9 and
10 ‘‘(E) generally following the most expe-
11 dient route until intersecting with existing
12 United States Highway 80 (JR Allen Parkway)
13 through Phenix City until continuing into Co-
14 lumbus, Georgia.’’.
15 (5) MIDDLE GEORGIA CORRIDOR.—Section
16 1105(c) of the Intermodal Surface Transportation
17 Efficiency Act of 1991, as amended by this Act, is
18 further amended by adding at the end the following:
19 ‘‘(94) The Middle Georgia Corridor including
20 the route—
21 ‘‘(A) beginning at the Alabama-Georgia
22 Border generally following the Fall Line Free-
23 way from Columbus Georgia to Augusta, Geor-
24 gia specifically:
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1 ‘‘(B) travelling along United States Route
2 80 (JR Allen Parkway) through Columbus,
3 Georgia and near Fort Benning, Georgia, east
4 to Talbot County, Georgia where it would follow
5 Georgia Route 96, then commencing on Georgia
6 Route 49C (Fort Valley Bypass) to Georgia
7 Route 49 (Peach Parkway) to its intersection
8 with Interstate route 75 in Byron, Georgia;
9 ‘‘(C) continuing north along Interstate
10 Route 75 through Warner Robins and Macon,
11 Georgia where it would meet Interstate Route
12 16. Following Interstate 16 east it would next
13 join United States Route 80 and then onto
14 State Route 57; and
15 ‘‘(D) commencing with State Route 57
16 which turns into State Route 24 near
17 Milledgeville, Georgia would then bypass Wrens,
18 Georgia with a newly constructed bypass. After
19 the bypass it would join United States Route 1
20 near Fort Gordon into Augusta, Georgia where
21 it will terminate at Interstate Route 520.’’.
22 (b) INCLUSION OF CERTAIN SEGMENTS ON INTER-
23 STATE SYSTEM.—Section 1105(e)(5)(A) of the Intermodal
24 Surface Transportation Efficiency Act of 1991 is amended
25 in the first sentence—
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1 (1) by inserting ‘‘subsection (c)(84),’’ after
2 ‘‘subsection (c)(83),’’; and
3 (2) by striking ‘‘and subsection (c)(90)’’ and in-
4 serting ‘‘subsection (c)(90), subsection (c)(91), sub-
5 section (c)(92), subsection (c)(93), and subsection
6 (c)(94)’’.
7 (c) DESIGNATION.—Section 1105(e)(5)(C) of the
8 Intermodal Surface Transportation Efficiency Act of 1991
9 is amended by striking ‘‘The route referred to in sub-
10 section (c)(84) is designated as Interstate Route I–14.’’
11 and inserting ‘‘The route referred to in subsection
12 (c)(84)(A) is designated as Interstate Route I–14 North.
13 The route referred to in subsection (c)(84)(B) is des-
14 ignated as Interstate Route I–14 South. The Bryan/Col-
15 lege Station, Texas loop referred to in subsection (c)(84)
16 is designated as Interstate Route I–214. The routes re-
17 ferred to in subparagraphs (C), (D), (E), (F), and (G)
18 of subsection (c)(84) and in subsections (c)(91), (c)(92),
19 (c)(93), and (c)(94) are designated as Interstate Route I–
20 14.’’.
21 SEC. 107. DEFINITIONS.
22 In this division, the following definitions apply:
23 (1) HIGHWAY ACCOUNT.—The term ‘‘Highway
24 Account’’ means the portion of the Highway Trust
25 Fund that is not the Mass Transit Account.
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1 (2) MASS TRANSIT ACCOUNT.—The term ‘‘Mass
2 Transit Account’’ means the portion of the Highway
3 Trust Fund established under section 9503(e)(1) of
4 the Internal Revenue Code of 1986.
5 (3) SECRETARY.—The term ‘‘Secretary’’ means
6 the Secretary of Transportation.
7 SEC. 108. ACCESSIBILITY OF PUBLIC TRANSPORTATION
8 FOR RESIDENTS OF AREAS OF CON-
9 CENTRATED POVERTY.
10 Not later than 60 days after the date of the enact-
11 ment of this Act, the Secretary of Transportation shall
12 submit to Congress a report that includes—
13 (1) a description of the unique challenges that
14 residents of areas of concentrated poverty face when
15 riding public transportation; and
16 (2) an assessment of how accessible public
17 transportation that receives Federal funds is for
18 residents of areas of concentrated poverty.
19 DIVISION B—SURFACE
20 TRANSPORTATION
21 SEC. 1001. APPLICABILITY OF DIVISION.
22 (a) APPLICABILITY.—This division, including the
23 amendments made by this division, applies beginning on
24 October 1, 2021.
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1 (b) REFERENCE TO DATE OF ENACTMENT.—In this
2 division and the amendments made by this division, any
3 reference to—
4 (1) the date of enactment of this Act;
5 (2) the date of enactment of a provision of this
6 division;
7 (3) the date of enactment of a provision added
8 to law by an amendment made by this division; or
9 (4) the date of enactment of the INVEST in
10 America Act added to law by an amendment made
11 by this division,
12 shall be treated as a reference to October 1, 2021.
13 (c) EXCEPTION FOR IMMEDIATE APPLICATION.—
14 Subsections (a) and (b) shall not apply to section 1105
15 and the amendments made by such section.
16 TITLE I—FEDERAL-AID
17 HIGHWAYS
18 Subtitle A—Authorizations and
19 Program Conditions
20 SEC. 1101. AUTHORIZATION OF APPROPRIATIONS.
21 (a) IN GENERAL.—The following amounts are au-
22 thorized to be appropriated out of the Highway Trust
23 Fund (other than the Mass Transit Account):
24 (1) FEDERAL-AID HIGHWAY PROGRAM.—For
25 the national highway performance program under
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1 section 119 of title 23, United States Code, the pre-
2 disaster mitigation program under section 124 of
3 such title, the railway crossings program under sec-
4 tion 130 of such title, the surface transportation
5 program under section 133 of such title, the high-
6 way safety improvement program under section 148
7 of such title, the congestion mitigation and air qual-
8 ity improvement program under section 149 of such
9 title, the national highway freight program under
10 section 167 of such title, the carbon pollution reduc-
11 tion program under section 171 of such title, and
12 metropolitan planning under section 134 of such
13 title—
14 (A) $55,022,048,429 for fiscal year 2022;
15 (B) $55,980,646,776 for fiscal year 2023;
16 (C) $57,095,359,712 for fiscal year 2024;
17 and
18 (D) $58,118,666,186 for fiscal year 2025.
19 (2) TRANSPORTATION INFRASTRUCTURE FI-
20 NANCE AND INNOVATION PROGRAM.—For credit as-
21 sistance under the transportation infrastructure fi-
22 nance and innovation program under chapter 6 of
23 title 23, United States Code, $300,000,000 for each
24 of fiscal years 2022 through 2025.
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1 (3) CONSTRUCTION OF FERRY BOATS AND
2 FERRY TERMINAL FACILITIES.—For construction of
3 ferry boats and ferry terminal facilities under sec-
4 tion 147 of title 23, United States Code,
5 $120,000,000 for each of fiscal years 2022 through
6 2025.
7 (4) FEDERAL LANDS AND TRIBAL TRANSPOR-
8 TATION PROGRAMS.—
9 (A) TRIBAL TRANSPORTATION PRO-
10 GRAM.—For the tribal transportation program
11 under section 202 of title 23, United States
12 Code, $800,000,000 for each of fiscal years
13 2022 through 2025.
14 (B) FEDERAL LANDS TRANSPORTATION
15 PROGRAM.—
16 (i) IN GENERAL.—For the Federal
17 lands transportation program under sec-
18 tion 203 of title 23, United States Code,
19 $550,000,000 for each of fiscal years 2022
20 through 2025.
21 (ii) ALLOCATION.—Of the amount
22 made available for a fiscal year under
23 clause (i)—
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1 (I) the amount for the National
2 Park Service is $400,000,000 for each
3 of fiscal years 2022 through 2025;
4 (II) the amount for the United
5 States Fish and Wildlife Service is
6 $50,000,000 for each of fiscal years
7 2022 through 2025; and
8 (III) the amount for the United
9 States Forest Service is $50,000,000
10 for each of fiscal years 2022 through
11 2025.
12 (C) FEDERAL LANDS ACCESS PROGRAM.—
13 For the Federal lands access program under
14 section 204 of title 23, United States Code,
15 $345,000,000 for each of fiscal years 2022
16 through 2025.
17 (D) FEDERAL LANDS AND TRIBAL MAJOR
18 PROJECTS GRANTS.—To carry out section 208
19 of title 23, United States Code, $400,000,000
20 for each of fiscal years 2022 through 2025.
21 (5) TERRITORIAL AND PUERTO RICO HIGHWAY
22 PROGRAM.—For the territorial and Puerto Rico
23 highway program under section 165 of title 23,
24 United States Code, $310,000,000 for each of fiscal
25 years 2022 through 2025.
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1 (6) PROJECTS OF NATIONAL AND REGIONAL
2 SIGNIFICANCE.—For projects of national and re-
3 gional significance under section 117 of title 23,
4 United States Code—
5 (A) $2,200,000,000 for fiscal year 2022;
6 (B) $2,200,000,000 for fiscal year 2023;
7 (C) $2,300,000,000 for fiscal year 2024;
8 and
9 (D) $2,350,000,000 for fiscal year 2025.
10 (7) COMMUNITY TRANSPORTATION INVESTMENT
11 GRANTS.—To carry out section 173 of title 23,
12 United States Code, $600,000,000 for each of fiscal
13 years 2022 through 2025.
14 (8) ELECTRIC VEHICLE CHARGING, NATURAL
15 GAS FUELING, PROPANE FUELING, AND HYDROGEN
16 FUELING INFRASTRUCTURE GRANTS.—To carry out
17 section 151(f) of title 23, United States Code,
18 $350,000,000 for each of fiscal years 2022 through
19 2025.
20 (9) COMMUNITY CLIMATE INNOVATION
21 GRANTS.—To carry out section 172 of title 23,
22 United States Code, $250,000,000 for each of fiscal
23 years 2022 through 2025.
24 (b) ADDITIONAL PROGRAMS.—
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1 (1) IN GENERAL.—The following amounts are
2 authorized to be appropriated out of the Highway
3 Trust Fund (other than the Mass Transit Account):
4 (A) GRIDLOCK REDUCTION GRANT PRO-
5 GRAM.—To carry out section 1306 of this Act,
6 $250,000,000 for fiscal year 2022.
7 (B) REBUILD RURAL GRANT PROGRAM.—
8 To carry out section 1307 of this Act,
9 $250,000,000 for fiscal year 2022.
10 (C) PARKING FOR COMMERCIAL MOTOR
11 VEHICLES.—To carry out section 1308 of this
12 Act, $250,000,000 for fiscal year 2023.
13 (D) ACTIVE TRANSPORTATION
14 CONNECTIVITY GRANT PROGRAM.—To carry out
15 section 1309 of this Act, $250,000,000 for fis-
16 cal year 2024.
17 (E) METRO PERFORMANCE PROGRAM.—To
18 carry out section 1305 of this Act,
19 $250,000,000 for each of fiscal years 2023
20 through 2025.
21 (2) TREATMENT OF FUNDS.—Amounts made
22 available under subparagraphs (B) through (D) of
23 paragraph (1) shall be administered as if appor-
24 tioned under chapter 1 of title 23, United States
25 Code.
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1 (c) DISADVANTAGED BUSINESS ENTERPRISES.—
2 (1) FINDINGS.—Congress finds that—
3 (A) despite the real improvements caused
4 by the disadvantaged business enterprise pro-
5 gram, minority- and women-owned businesses
6 across the country continue to confront serious
7 and significant obstacles to success caused by
8 race and gender discrimination in the federally
9 assisted surface transportation market and re-
10 lated markets across the United States;
11 (B) the continuing race and gender dis-
12 crimination described in subparagraph (A) mer-
13 its the continuation of the disadvantaged busi-
14 ness enterprise program;
15 (C) recently, the disparities cause by dis-
16 crimination against African American, Hispanic
17 American, Asian American, Native American,
18 and women business owners have been further
19 exacerbated by the coronavirus pandemic and
20 its disproportionate effects on minority- and
21 women-owned businesses across the nation;
22 (D) Congress has received and reviewed
23 testimony and documentation of race and gen-
24 der discrimination from numerous sources, in-
25 cluding congressional hearings and other inves-
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1 tigative activities, scientific reports, reports
2 issued by public and private agencies at every
3 level of government, news reports, academic
4 publications, reports of discrimination by orga-
5 nizations and individuals, and discrimination
6 lawsuits, which continue to demonstrate that
7 race- and gender-neutral efforts alone are insuf-
8 ficient to address the problem;
9 (E) the testimony and documentation de-
10 scribed in subparagraph (D) demonstrate that
11 discrimination across the United States poses
12 an injurious and enduring barrier to full and
13 fair participation in surface transportation-re-
14 lated businesses of women business owners and
15 minority business owners and has negatively af-
16 fected firm formation, development and success
17 in many aspects of surface transportation-re-
18 lated business in the public and private mar-
19 kets; and
20 (F) the testimony and documentation de-
21 scribed in subparagraph (D) provide a clear pic-
22 ture of the inequality caused by discrimination
23 that continues to plague our nation and a
24 strong basis that there is a compelling need for
25 the continuation of the disadvantaged business
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1 enterprise program to address race and gender
2 discrimination in surface transportation-related
3 business.
4 (2) DEFINITIONS.—In this subsection, the fol-
5 lowing definitions apply:
6 (A) SMALL BUSINESS CONCERN.—The
7 term ‘‘small business concern’’ means a small
8 business concern (as the term is used in section
9 3 of the Small Business Act (15 U.S.C. 632)).
10 (B) SOCIALLY AND ECONOMICALLY DIS-
11 ADVANTAGED INDIVIDUALS.—The term ‘‘so-
12 cially and economically disadvantaged individ-
13 uals’’ has the meaning given the term in section
14 8(d) of the Small Business Act (15 U.S.C.
15 637(d)) and relevant subcontracting regulations
16 issued pursuant to that Act, except that women
17 shall be presumed to be socially and economi-
18 cally disadvantaged individuals for purposes of
19 this subsection.
20 (3) AMOUNTS FOR SMALL BUSINESS CON-
21 CERNS.—Except to the extent that the Secretary of
22 Transportation determines otherwise, not less than
23 10 percent of the amounts made available for any
24 program under titles I, II, V, and VII of this divi-
25 sion and section 403 of title 23, United States Code,
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1 shall be expended through small business concerns
2 owned and controlled by socially and economically
3 disadvantaged individuals.
4 (4) ANNUAL LISTING OF DISADVANTAGED BUSI-
5 NESS ENTERPRISES.—Each State shall annually—
6 (A) survey and compile a list of the small
7 business concerns referred to in paragraph (3)
8 in the State, including the location of the small
9 business concerns in the State; and
10 (B) notify the Secretary, in writing, of the
11 percentage of the small business concerns that
12 are controlled by—
13 (i) women;
14 (ii) socially and economically dis-
15 advantaged individuals (other than
16 women); and
17 (iii) individuals who are women and
18 are otherwise socially and economically dis-
19 advantaged individuals.
20 (5) UNIFORM CERTIFICATION.—
21 (A) IN GENERAL.—The Secretary of
22 Transportation shall establish minimum uni-
23 form criteria for use by State governments in
24 certifying whether a concern qualifies as a small
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1 business concern for the purpose of this sub-
2 section.
3 (B) INCLUSIONS.—The minimum uniform
4 criteria established under subparagraph (A)
5 shall include, with respect to a potential small
6 business concern—
7 (i) on-site visits;
8 (ii) personal interviews with personnel;
9 (iii) issuance or inspection of licenses;
10 (iv) analyses of stock ownership;
11 (v) listings of equipment;
12 (vi) analyses of bonding capacity;
13 (vii) listings of work completed;
14 (viii) examination of the resumes of
15 principal owners;
16 (ix) analyses of financial capacity; and
17 (x) analyses of the type of work pre-
18 ferred.
19 (6) REPORTING.—The Secretary of Transpor-
20 tation shall establish minimum requirements for use
21 by State governments in reporting to the Sec-
22 retary—
23 (A) information concerning disadvantaged
24 business enterprise awards, commitments, and
25 achievements; and
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1 (B) such other information as the Sec-
2 retary determines to be appropriate for the
3 proper monitoring of the disadvantaged busi-
4 ness enterprise program.
5 (7) COMPLIANCE WITH COURT ORDERS.—Noth-
6 ing in this subsection limits the eligibility of an indi-
7 vidual or entity to receive funds made available
8 under titles I, II, V, and VII of this division and sec-
9 tion 403 of title 23, United States Code, if the enti-
10 ty or person is prevented, in whole or in part, from
11 complying with paragraph (3) because a Federal
12 court issues a final order in which the court finds
13 that a requirement or the implementation of para-
14 graph (3) is unconstitutional.
15 (8) SENSE OF CONGRESS ON PROMPT PAYMENT
16 OF DBE SUBCONTRACTORS.—It is the sense of Con-
17 gress that—
18 (A) the Secretary of Transportation should
19 take additional steps to ensure that recipients
20 comply with section 26.29 of title 49, Code of
21 Federal Regulations (the disadvantaged busi-
22 ness enterprises prompt payment rule), or any
23 corresponding regulation, in awarding federally
24 funded transportation contracts under laws and
25 regulations administered by the Secretary; and
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1 (B) such additional steps should include
2 increasing the Department of Transportation’s
3 ability to track and keep records of complaints
4 and to make that information publicly available.
5 (d) LIMITATION ON FINANCIAL ASSISTANCE FOR
6 STATE-OWNED ENTERPRISES.—
7 (1) IN GENERAL.—Funds provided under this
8 section may not be used in awarding or exercising
9 an option on a previously awarded contract, a con-
10 tract, subcontract, grant, or loan to an entity that
11 is owned or controlled by, is a subsidiary of, or is
12 otherwise related legally or financially to a corpora-
13 tion based in a country that—
14 (A) is identified as a nonmarket economy
15 country (as defined in section 771(18) of the
16 Tariff Act of 1930 (19 U.S.C. 1677(18))) as of
17 the date of enactment of this Act;
18 (B) was identified by the United States
19 Trade Representative in the most recent report
20 required by section 182 of the Trade Act of
21 1974 (19 U.S.C. 2242) as a priority foreign
22 country under subsection (a)(2) of that section;
23 and
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1 (C) is subject to monitoring by the Trade
2 Representative under section 306 of the Trade
3 Act of 1974 (19 U.S.C. 2416).
4 (2) EXCEPTION.—For purposes of paragraph
5 (1), the term ‘‘otherwise related legally or finan-
6 cially’’ does not include a minority relationship or in-
7 vestment.
8 (3) INTERNATIONAL AGREEMENTS.—This sub-
9 section shall be applied in a manner consistent with
10 the obligations of the United States under inter-
11 national agreements.
12 SEC. 1102. OBLIGATION LIMITATION.
13 (a) GENERAL LIMITATION.—Subject to subsection
14 (e), and notwithstanding any other provision of law, the
15 obligations for Federal-aid highway and highway safety
16 construction programs shall not exceed—
17 (1) $62,159,350,954 for fiscal year 2022;
18 (2) $63,121,354,776 for fiscal year 2023;
19 (3) $64,346,443,712 for fiscal year 2024; and
20 (4) $65,180,125,186 for fiscal year 2025.
21 (b) EXCEPTIONS.—The limitations under subsection
22 (a) shall not apply to obligations under or for—
23 (1) section 125 of title 23, United States Code;
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1 (2) section 147 of the Surface Transportation
2 Assistance Act of 1978 (23 U.S.C. 144 note; 92
3 Stat. 2714);
4 (3) section 9 of the Federal-Aid Highway Act
5 of 1981 (95 Stat. 1701);
6 (4) subsections (b) and (j) of section 131 of the
7 Surface Transportation Assistance Act of 1982 (96
8 Stat. 2119);
9 (5) subsections (b) and (c) of section 149 of the
10 Surface Transportation and Uniform Relocation As-
11 sistance Act of 1987 (101 Stat. 198);
12 (6) sections 1103 through 1108 of the Inter-
13 modal Surface Transportation Efficiency Act of
14 1991 (Public Law 102–240);
15 (7) section 157 of title 23, United States Code
16 (as in effect on June 8, 1998);
17 (8) section 105 of title 23, United States Code
18 (as in effect for fiscal years 1998 through 2004, but
19 only in an amount equal to $639,000,000 for each
20 of those fiscal years);
21 (9) Federal-aid highway programs for which ob-
22 ligation authority was made available under the
23 Transportation Equity Act for the 21st Century
24 (112 Stat. 107) or subsequent Acts for multiple
25 years or to remain available until expended, but only
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1 to the extent that the obligation authority has not
2 lapsed or been used;
3 (10) section 105 of title 23, United States Code
4 (as in effect for fiscal years 2005 through 2012, but
5 only in an amount equal to $639,000,000 for each
6 of those fiscal years);
7 (11) section 1603 of SAFETEA–LU (23
8 U.S.C. 118 note; 119 Stat. 1248), to the extent that
9 funds obligated in accordance with that section were
10 not subject to a limitation on obligations at the time
11 at which the funds were initially made available for
12 obligation;
13 (12) section 119 of title 23, United States Code
14 (as in effect for fiscal years 2013 through 2015, but
15 only in an amount equal to $639,000,000 for each
16 of those fiscal years);
17 (13) section 119 of title 23, United States Code
18 (but, for fiscal years 2016 through 2021, only in an
19 amount equal to $639,000,000 for each of those fis-
20 cal years);
21 (14) section 203 of title 23, United States Code
22 (but, for fiscal years 2022 through 2025, only in an
23 amount equal to $550,000,000 for each of those fis-
24 cal years); and
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1 (15) section 133(d)(1)(B) of title 23, United
2 States Code (but, for fiscal years 2022 through
3 2025, only in an amount equal to $89,000,000 for
4 each of those fiscal years).
5 (c) DISTRIBUTION OF OBLIGATION AUTHORITY.—
6 Subject to paragraph (1)(B), for each of fiscal years 2022
7 through 2025, the Secretary of Transportation—
8 (1)(A) shall not distribute obligation authority
9 provided by subsection (a) for the fiscal year for—
10 (i) amounts authorized for administrative
11 expenses and programs by section 104(a) of
12 title 23, United States Code;
13 (ii) amounts authorized for the Bureau of
14 Transportation Statistics;
15 (iii) amounts authorized for the tribal
16 transportation program under section 202 of
17 title 23, United States Code; and
18 (iv) amounts authorized for the territorial
19 and Puerto Rico highway program under sec-
20 tion 165(a) of title 23, United States Code; and
21 (B) for each of fiscal years 2023 through 2025,
22 in addition to the amounts described in subpara-
23 graph (A), shall not distribute obligation authority
24 provided by subsection (a) for the fiscal year for
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1 amounts authorized for the metro performance pro-
2 gram under section 1305 of this Act;
3 (2) shall not distribute an amount of obligation
4 authority provided by subsection (a) that is equal to
5 the unobligated balance of amounts—
6 (A) made available from the Highway
7 Trust Fund (other than the Mass Transit Ac-
8 count) for Federal-aid highway and highway
9 safety construction programs for previous fiscal
10 years, the funds for which are allocated by the
11 Secretary (or apportioned by the Secretary
12 under section 202 or 204 of title 23, United
13 States Code); and
14 (B) for which obligation authority was pro-
15 vided in a previous fiscal year;
16 (3) shall determine the proportion that—
17 (A) the obligation authority provided by
18 subsection (a) for the fiscal year, less the aggre-
19 gate of amounts not distributed under para-
20 graphs (1) and (2) of this subsection; bears to
21 (B) the total of—
22 (i) the sums authorized to be appro-
23 priated for the Federal-aid highway and
24 highway safety construction programs,
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1 other than sums authorized to be appro-
2 priated for—
3 (I) provisions of law described in
4 paragraphs (1) through (13) of sub-
5 section (b);
6 (II) section 203 of title 23,
7 United States Code, equal to the
8 amount referred to in subsection
9 (b)(14) for the fiscal year; and
10 (III) section 133(d)(1)(B) of title
11 23, United States Code, equal to the
12 amount referred to in subsection
13 (b)(15) for the fiscal year; less
14 (ii) the aggregate of the amounts not
15 distributed under paragraphs (1) and (2)
16 of this subsection;
17 (4) shall distribute the obligation authority pro-
18 vided by subsection (a), less the aggregate amounts
19 not distributed under paragraphs (1) and (2), for
20 each of the programs (other than programs to which
21 paragraph (1) applies) that are allocated by the Sec-
22 retary under this Act and title 23, United States
23 Code, or apportioned by the Secretary under section
24 202 or 204 of such title, by multiplying—
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1 (A) the proportion determined under para-
2 graph (3); by
3 (B) the amounts authorized to be appro-
4 priated for each such program for the fiscal
5 year; and
6 (5) shall distribute the obligation authority pro-
7 vided by subsection (a), less the aggregate amounts
8 not distributed under paragraphs (1) and (2) and
9 the amounts distributed under paragraph (4), for
10 Federal-aid highway and highway safety construc-
11 tion programs that are apportioned by the Secretary
12 under title 23, United States Code (other than the
13 amounts apportioned for the surface transportation
14 program in section 133(d)(1)(B) of title 23, United
15 States Code, that are exempt from the limitation
16 under subsection (b)(15) and the amounts appor-
17 tioned under sections 202 and 204 of such title) in
18 the proportion that—
19 (A) amounts authorized to be appropriated
20 for the programs that are apportioned under
21 title 23, United States Code, to each State for
22 the fiscal year; bears to
23 (B) the total of the amounts authorized to
24 be appropriated for the programs that are ap-
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1 portioned under title 23, United States Code, to
2 all States for the fiscal year.
3 (d) REDISTRIBUTION OF UNUSED OBLIGATION AU-
4 THORITY.—Notwithstanding subsection (c), the Secretary
5 of Transportation shall, after August 1 of each of fiscal
6 years 2022 through 2025—
7 (1) revise a distribution of the obligation au-
8 thority made available under subsection (c) if an
9 amount distributed cannot be obligated during that
10 fiscal year; and
11 (2) redistribute sufficient amounts to those
12 States able to obligate amounts in addition to those
13 previously distributed during that fiscal year, giving
14 priority to those States having large unobligated bal-
15 ances of funds apportioned under section 104 of title
16 23, United States Code.
17 (e) SPECIAL LIMITATION.—
18 (1) IN GENERAL.—Except as provided in para-
19 graph (2), obligation limitations imposed by sub-
20 section (a) shall apply to contract authority for—
21 (A) transportation research programs car-
22 ried out under chapter 5 of title 23, United
23 States Code, and title V of this Act; and
24 (B) the metro performance program under
25 section 1305 of this Act.
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1 (2) EXCEPTION.—Obligation authority made
2 available under paragraph (1) shall—
3 (A) remain available for a period of 4 fis-
4 cal years; and
5 (B) be in addition to the amount of any
6 limitation imposed on obligations for Federal-
7 aid highway and highway safety construction
8 programs for future fiscal years.
9 (f) LOP-OFF.—
10 (1) IN GENERAL.—Not later than 30 days after
11 the date of distribution of obligation authority under
12 subsection (c) for each of fiscal years 2022 through
13 2025, the Secretary of Transportation shall dis-
14 tribute to the States any funds that—
15 (A) are authorized to be appropriated for
16 the fiscal year for Federal-aid highway pro-
17 grams; and
18 (B) the Secretary determines will not be
19 allocated to the States (or will not be appor-
20 tioned to the States under section 204 of title
21 23, United States Code), and will not be avail-
22 able for obligation, for the fiscal year because
23 of the imposition of any obligation limitation for
24 the fiscal year.
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1 (2) RATIO.—Funds shall be distributed under
2 paragraph (1) in the same proportion as the dis-
3 tribution of obligation authority under subsection
4 (c)(5).
5 (3) AVAILABILITY.—Funds distributed to each
6 State under paragraph (1) shall be available for any
7 purpose described in section 133(b) of title 23,
8 United States Code.
9 SEC. 1103. DEFINITIONS AND DECLARATION OF POLICY.
10 Section 101 of title 23, United States Code, is
11 amended—
12 (1) in subsection (a)—
13 (A) by redesignating paragraphs (1), (2),
14 (3), (4), (5), (6), (7), (8), (9), (10), (11), (12),
15 (13), (14), (15), (16), (17), (18), (19), (20),
16 (21), (22), (23), (24), (25), (26), (27), (28),
17 (29), (30), (31), (32), (33), and (34) as para-
18 graphs (2), (3), (4), (6), (8), (10), (11), (12),
19 (13), (14), (16), (17), (18), (19), (20), (21),
20 (23), (24), (25), (26), (28), (29), (32), (33),
21 (34), (35), (36), (37), (38), (40), (41), (42),
22 (43), and (44), respectively;
23 (B) by inserting before paragraph (2), as
24 so redesignated, the following:
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1 ‘‘(1) ADAPTATION.—The term ‘adaptation’
2 means an adjustment in natural or human systems
3 in anticipation of, or in response to, a changing envi-
4 ronment in a way that moderates negative effects of
5 extreme events or climate change.’’;
6 (C) by inserting after paragraph (4), as so
7 redesignated, the following:
8 ‘‘(5) CLIMATE CHANGE.—The term ‘climate
9 change’ means any significant change in the meas-
10 ures of climate lasting for an extended period of
11 time, and may include major changes in tempera-
12 ture, precipitation, wind patterns, or sea level,
13 among others, that occur over several decades or
14 longer.’’;
15 (D) in paragraph (6)(A), as so redesig-
16 nated, by inserting ‘‘assessing resilience,’’ after
17 ‘‘surveying,’’;
18 (E) by inserting after paragraph (6), as so
19 redesignated, the following:
20 ‘‘(7) CONTEXT SENSITIVE DESIGN PRIN-
21 CIPLES.—The term ‘context sensitive design prin-
22 ciples’ means principles for the design of a public
23 road that—
24 ‘‘(A) provides for the safe and adequate
25 accommodation, in all phases of project plan-
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1 ning, design, and development, transportation
2 facilities for users, including pedestrians,
3 bicyclists, public transportation users, children,
4 older individuals, individuals with disabilities,
5 motorists, and freight vehicles; and
6 ‘‘(B) considers the context in which the fa-
7 cility is planned to be constructed to determine
8 the appropriate facility design.’’;
9 (F) by inserting after paragraph (8), as so
10 redesignated, the following:
11 ‘‘(9) EVACUATION ROUTE.—The term ‘evacu-
12 ation route’ means a transportation route or system
13 that—
14 ‘‘(A) is used to transport—
15 ‘‘(i) the public away from an emer-
16 gency event; or
17 ‘‘(ii) first responders and recovery re-
18 sources in the event of an emergency; and
19 ‘‘(B) is identified, consistent with sections
20 134(i)(2)(I)(iii) and 135(f)(10)(C)(iii), by the
21 eligible entity with jurisdiction over the area in
22 which the route is located for the purposes de-
23 scribed in subparagraph (A).’’;
24 (G) by inserting after paragraph (14), as
25 so redesignated, the following:
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1 ‘‘(15) GREENHOUSE GAS.—The term ‘green-
2 house gas’ has the meaning given the term in section
3 211(o)(1)(G) of the Clean Air Act (42 U.S.C.
4 7545(o)(1)(G)).’’;
5 (H) by inserting after paragraph (21), as
6 so redesignated, the following:
7 ‘‘(22) NATURAL INFRASTRUCTURE.—
8 ‘‘(A) IN GENERAL.—The term ‘natural in-
9 frastructure’ means infrastructure that uses, re-
10 stores, or emulates natural ecological processes
11 that—
12 ‘‘(i) is created through the action of
13 natural physical, geological, biological, and
14 chemical processes over time;
15 ‘‘(ii) is created by human design, en-
16 gineering, and construction to emulate or
17 act in concert with natural processes; or
18 ‘‘(iii) involves the use of plants, soils,
19 and other natural features, including
20 through the creation, restoration, or pres-
21 ervation of vegetated areas using materials
22 appropriate to the region to manage
23 stormwater and runoff, to attenuate flood-
24 ing and storm surges, and for other related
25 purposes.
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1 ‘‘(B) INCLUSION.—The term ‘natural in-
2 frastructure’ includes green infrastructure and
3 nature-based solutions.’’;
4 (I) by inserting after paragraph (26), as so
5 redesignated, the following:
6 ‘‘(27) PROTECTIVE FEATURE.—
7 ‘‘(A) IN GENERAL.—The term ‘protective
8 feature’ means an improvement to a highway or
9 bridge designed to increase resilience or miti-
10 gate the risk of recurring damage or the cost of
11 future repairs from climate change effects, ex-
12 treme events, seismic activity, or any other nat-
13 ural disaster.
14 ‘‘(B) INCLUSIONS.—The term ‘protective
15 feature’ includes—
16 ‘‘(i) raising roadway grades;
17 ‘‘(ii) relocating roadways to higher
18 ground above projected flood elevation lev-
19 els or away from slide prone areas;
20 ‘‘(iii) stabilizing slide areas;
21 ‘‘(iv) stabilizing slopes;
22 ‘‘(v) lengthening or raising bridges to
23 increase waterway openings;
24 ‘‘(vi) increasing the size or number of
25 drainage structures;
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1 ‘‘(vii) replacing culverts with bridges
2 or upsizing culverts;
3 ‘‘(viii) installing seismic retrofits on
4 bridges;
5 ‘‘(ix) scour, stream stability, coastal,
6 and other hydraulic countermeasures; and
7 ‘‘(x) the use of natural infrastruc-
8 ture.’’;
9 (J) by inserting after paragraph (29), as
10 so redesignated, the following:
11 ‘‘(30) REPEATEDLY DAMAGED FACILITY.—The
12 term ‘repeatedly damaged facility’ means a road,
13 highway, or bridge that has required repair and re-
14 construction activities on 2 or more occasions due to
15 natural disasters or catastrophic failures resulting in
16 emergencies declared by the Governor of the State
17 in which the road, highway, or bridge is located or
18 emergencies or major disasters declared by the
19 President under the Robert T. Stafford Disaster Re-
20 lief and Emergency Assistance Act (42 U.S.C. 5121
21 et seq.).
22 ‘‘(31) RESILIENCE.—
23 ‘‘(A) IN GENERAL.—The term ‘resilience’
24 means, with respect to a facility, the ability
25 to—
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1 ‘‘(i) anticipate, prepare for, or adapt
2 to conditions; or
3 ‘‘(ii) withstand, respond to, or recover
4 rapidly from disruptions.
5 ‘‘(B) INCLUSIONS.—Such term includes,
6 with respect to a facility, the ability to—
7 ‘‘(i) resist hazards or withstand im-
8 pacts from disruptions;
9 ‘‘(ii) reduce the magnitude, duration,
10 or impact of a disruption; or
11 ‘‘(iii) have the absorptive capacity,
12 adaptive capacity, and recoverability to de-
13 crease vulnerability to a disruption.’’;
14 (K) by inserting after paragraph (38), as
15 so redesignated, the following:
16 ‘‘(39) TRANSPORTATION SYSTEM ACCESS.—The
17 term ‘transportation system access’ means the abil-
18 ity to travel by automobile, public transportation,
19 pedestrian, and bicycle networks, measured by travel
20 time, taking into consideration—
21 ‘‘(A) the impacts of the level of travel
22 stress for non-motorized users;
23 ‘‘(B) costs for low-income travelers; and
24 ‘‘(C) the extent to which transportation ac-
25 cess is impacted by zoning policies and land use
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1 planning practices that effect the affordability,
2 elasticity, and diversity of the housing supply.’’;
3 and
4 (L) by adding at the end the following:
5 ‘‘(45) TRANSPORTATION DEMAND MANAGE-
6 MENT; TDM.—The terms ‘transportation demand
7 management’ and ‘TDM’ mean the use of strategies
8 to inform and encourage travelers to maximize the
9 efficiency of a transportation system leading to im-
10 proved mobility, reduced congestion, and lower vehi-
11 cle emissions.
12 ‘‘(46) TRANSPORTATION DEMAND MANAGE-
13 MENT STRATEGIES.—The term ‘transportation de-
14 mand management strategies’ means the use of
15 planning, programs, policy, marketing, communica-
16 tions, incentives, pricing, and technology to shift
17 travel mode, routes used, departure times, number
18 of trips, and location and design work space or pub-
19 lic attractions.’’; and
20 (2) in subsection (b)—
21 (A) in paragraph (1) by striking ‘‘De-
22 fense,’’ and inserting ‘‘Defense Highways,’’;
23 (B) in paragraph (3)—
24 (i) in subparagraph (A) by striking
25 ‘‘Century’’ and inserting ‘‘century’’;
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1 (ii) in subparagraph (G) by striking ‘‘;
2 and’’ and inserting a semicolon;
3 (iii) in subparagraph (H) by striking
4 ‘‘Century.’’ and inserting ‘‘century;’’; and
5 (iv) by adding at the end the fol-
6 lowing:
7 ‘‘(I) safety is the highest priority of the
8 Department of Transportation, and the Sec-
9 retary and States should take all actions nec-
10 essary to meet the transportation needs of the
11 21st century for all road users;
12 ‘‘(J) climate change presents a significant
13 risk to safety, the economy, and national secu-
14 rity, and reducing the contributions of the
15 transportation system to the Nation’s total car-
16 bon pollution is critical; and
17 ‘‘(K) the Secretary and States should take
18 appropriate measures and ensure investments
19 to increase the resilience of the Nation’s trans-
20 portation system.’’; and
21 (C) in paragraph (4)(A) by inserting
22 ‘‘while ensuring that environmental protections
23 are maintained’’ after ‘‘review process’’.
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1 SEC. 1104. APPORTIONMENT.
2 (a) IN GENERAL.—Section 104 of title 23, United
3 States Code, is amended—
4 (1) in subsection (a)(1) by striking subpara-
5 graphs (A) through (E) and inserting the following:
6 ‘‘(A) $ 506,302,525 for fiscal year 2022;
7 ‘‘(B) $ 509,708,000 for fiscal year 2023;
8 ‘‘(C) $ 520,084,000 for fiscal year 2024;
9 and
10 ‘‘(D) $ 530,459,000 for fiscal year 2025.’’;
11 (2) by striking subsections (b) and (c) and in-
12 serting the following:
13 ‘‘(b) DIVISION AMONG PROGRAMS OF STATE’S
14 SHARE OF APPORTIONMENT.—The Secretary shall dis-
15 tribute the amount apportioned to a State for a fiscal year
16 under subsection (c) among the covered programs as fol-
17 lows:
18 ‘‘(1) NATIONAL HIGHWAY PERFORMANCE PRO-
19 GRAM.—For the national highway performance pro-
20 gram, 55.09 percent of the amount remaining after
21 distributing amounts under paragraphs (4), (6), and
22 (7).
23 ‘‘(2) SURFACE TRANSPORTATION PROGRAM.—
24 For the surface transportation program, 28.43 per-
25 cent of the amount remaining after distributing
26 amounts under paragraphs (4), (6), and (7).
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1 ‘‘(3) HIGHWAY SAFETY IMPROVEMENT PRO-
2 GRAM.—For the highway safety improvement pro-
3 gram, 6.19 percent of the amount remaining after
4 distributing amounts under paragraphs (4), (6), and
5 (7).
6 ‘‘(4) CONGESTION MITIGATION AND AIR QUAL-
7 ITY IMPROVEMENT PROGRAM.—
8 ‘‘(A) IN GENERAL.—For the congestion
9 mitigation and air quality improvement pro-
10 gram, an amount determined for the State
11 under subparagraphs (B) and (C).
12 ‘‘(B) TOTAL AMOUNT.—The total amount
13 for the congestion mitigation and air quality
14 improvement program for all States shall be—
15 ‘‘(i) $2,913,925,833 for fiscal year
16 2022;
17 ‘‘(ii) $2,964,919,535 for fiscal year
18 2023;
19 ‘‘(iii) $3,024,217,926 for fiscal year
20 2024; and
21 ‘‘(iv) $3,078,653,849 for fiscal year
22 2025.
23 ‘‘(C) STATE SHARE.—For each fiscal year,
24 the Secretary shall distribute among the States
25 the amount for the congestion mitigation and
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1 air quality improvement program under sub-
2 paragraph (B) so that each State receives an
3 amount equal to the proportion that—
4 ‘‘(i) the amount apportioned to the
5 State for the congestion mitigation and air
6 quality improvement program for fiscal
7 year 2020; bears to
8 ‘‘(ii) the total amount of funds appor-
9 tioned to all States for such program for
10 fiscal year 2020.
11 ‘‘(5) NATIONAL HIGHWAY FREIGHT PRO-
12 GRAM.—For the national highway freight program,
13 3.38 percent of the amount remaining after distrib-
14 uting amounts under paragraphs (4), (6), and (7).
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 2022;
24 ‘‘(ii) $516,381,250 for fiscal year
25 2023;
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1 ‘‘(iii) $526,708,875 for fiscal year
2 2024; and
3 ‘‘(iv) $536,189,635 for fiscal year
4 2025.
5 ‘‘(C) STATE SHARE.—For each fiscal year,
6 the Secretary shall distribute among the States
7 the amount for metropolitan planning under
8 subparagraph (B) so that each State receives
9 an amount equal to the proportion that—
10 ‘‘(i) the amount apportioned to the
11 State for metropolitan planning for fiscal
12 year 2020; bears to
13 ‘‘(ii) the total amount of funds appor-
14 tioned to all States for metropolitan plan-
15 ning for fiscal year 2020.
16 ‘‘(7) RAILWAY CROSSINGS.—
17 ‘‘(A) IN GENERAL.—For the railway cross-
18 ings program, an amount determined for the
19 State under subparagraphs (B) and (C).
20 ‘‘(B) TOTAL AMOUNT.—The total amount
21 for the railway crossings program for all States
22 shall be $245,000,000 for each of fiscal years
23 2022 through 2025.
24 ‘‘(C) STATE SHARE.—
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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).
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1 ‘‘(8) PREDISASTER MITIGATION PROGRAM.—
2 For the predisaster mitigation program, 2.96 per-
3 cent of the amount remaining after distributing
4 amounts under paragraphs (4), (6), and (7).
5 ‘‘(9) CARBON POLLUTION REDUCTION PRO-
6 GRAM.—For the carbon pollution reduction program,
7 3.95 percent of the amount remaining after distrib-
8 uting amounts under paragraphs (4), (6), and (7).
9 ‘‘(c) CALCULATION OF AMOUNTS.—
10 ‘‘(1) STATE SHARE.—For each of fiscal years
11 2022 through 2025, the amount for each State shall
12 be determined as follows:
13 ‘‘(A) INITIAL AMOUNTS.—The initial
14 amounts for each State shall be determined by
15 multiplying—
16 ‘‘(i) the combined amount authorized
17 for appropriation for the fiscal year for the
18 covered programs; by
19 ‘‘(ii) the share for each State, which
20 shall be equal to the proportion that—
21 ‘‘(I) the amount of apportion-
22 ments that the State received for fis-
23 cal year 2020; bears to
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1 ‘‘(II) the amount of those appor-
2 tionments received by all States for
3 fiscal year 2020.
4 ‘‘(B) ADJUSTMENTS TO AMOUNTS.—The
5 initial amounts resulting from the calculation
6 under subparagraph (A) shall be adjusted to
7 ensure that each State receives an aggregate
8 apportionment equal to at least 95 percent of
9 the estimated tax payments attributable to
10 highway users in the State paid into the High-
11 way Trust Fund (other than the Mass Transit
12 Account) in the most recent fiscal year for
13 which data are available.
14 ‘‘(2) STATE APPORTIONMENT.—On October 1
15 of fiscal years 2022 through 2025, the Secretary
16 shall apportion the sums authorized to be appro-
17 priated for expenditure on the covered programs in
18 accordance with paragraph (1).’’;
19 (3) in subsection (d)(1)(A)—
20 (A) in clause (i) by striking ‘‘paragraphs
21 (5)(D) and (6) of subsection (b)’’ and inserting
22 ‘‘subsection (b)(6)’’; and
23 (B) in clause (ii) by striking ‘‘paragraphs
24 (5)(D) and (6) of subsection (b)’’ and inserting
25 ‘‘subsection (b)(6)’’; and
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1 (4) by striking subsections (h) and (i) and in-
2 serting the following:
3 ‘‘(h) DEFINITION OF COVERED PROGRAMS.—In this
4 section, the term ‘covered programs’ means—
5 ‘‘(1) the national highway performance program
6 under section 119;
7 ‘‘(2) the surface transportation program under
8 section 133;
9 ‘‘(3) the highway safety improvement program
10 under section 148;
11 ‘‘(4) the congestion mitigation and air quality
12 improvement program under section 149;
13 ‘‘(5) the national highway freight program
14 under section 167;
15 ‘‘(6) metropolitan planning under section 134;
16 ‘‘(7) the railway crossings program under sec-
17 tion 130;
18 ‘‘(8) the predisaster mitigation program under
19 section 124; and
20 ‘‘(9) the carbon pollution reduction program
21 under section 171.’’.
22 (b) FEDERAL SHARE PAYABLE.—Section 120(c)(3)
23 of title 23, United States Code, is amended—
24 (1) in subparagraph (A) by striking ‘‘(5)(D),’’;
25 and
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1 (2) in subparagraph (C)(i) by striking
2 ‘‘(5)(D),’’.
3 (c) METROPOLITAN TRANSPORTATION PLANNING;
4 TITLE 23.—Section 134(p) of title 23, United States
5 Code, is amended by striking ‘‘paragraphs (5)(D) and (6)
6 of section 104(b)’’ and inserting ‘‘section 104(b)(6)’’.
7 (d) STATEWIDE AND NONMETROPOLITAN TRANSPOR-
8 TATION PLANNING.—Section 135(i) of title 23, United
9 States Code, is amended by striking ‘‘paragraphs (5)(D)
10 and (6) of section 104(b)’’ and inserting ‘‘section
11 104(b)(6)’’.
12 (e) METROPOLITAN TRANSPORTATION PLANNING;
13 TITLE 49.—Section 5303(p) of title 49, United States
14 Code, is amended by striking ‘‘section 104(b)(5)’’ and in-
15 serting ‘‘section 104(b)(6)’’.
16 SEC. 1105. ADDITIONAL DEPOSITS INTO HIGHWAY TRUST
17 FUND.
18 Section 105 of title 23, United States Code, is
19 amended—
20 (1) in subsection (a) by striking ‘‘FAST Act’’
21 and inserting ‘‘INVEST in America Act’’;
22 (2) in subsection (c)—
23 (A) in paragraph (1)(A) by striking ‘‘to be
24 appropriated’’ each place it appears; and
25 (B) by adding at the end the following:
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1 ‘‘(4) SPECIAL RULE.—
2 ‘‘(A) ADJUSTMENT.—In making an adjust-
3 ment under paragraph (1) for an allocation,
4 reservation, or set-aside from an amount au-
5 thorized from the Highway Account or Mass
6 Transit Account described in subparagraph (B),
7 the Secretary shall—
8 ‘‘(i) determine the ratio that—
9 ‘‘(I) the amount authorized to be
10 appropriated for the allocation, res-
11 ervation, or set-aside from the account
12 for the fiscal year; bears to
13 ‘‘(II) the total amount authorized
14 to be appropriated for such fiscal year
15 for all programs under such account;
16 ‘‘(ii) multiply the ratio determined
17 under clause (i) by the amount of the ad-
18 justment determined under subsection
19 (b)(1)(B); and
20 ‘‘(iii) adjust the amount that the Sec-
21 retary would have allocated for the alloca-
22 tion, reservation, or set-aside for such fis-
23 cal year but for this section by the amount
24 calculated under clause (ii).
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1 ‘‘(B) ALLOCATIONS, RESERVATIONS, AND
2 SET-ASIDES.—The allocations, reservations, and
3 set-asides described in this subparagraph are—
4 ‘‘(i) from the amount made available
5 for a fiscal year for the Federal lands
6 transportation program under section 203,
7 the amounts allocated for a fiscal year for
8 the National Park Service, the United
9 States Fish and Wildlife Service, and the
10 United States Forest Service;
11 ‘‘(ii) the amount made available for
12 the Puerto Rico highway program under
13 section 165(a)(1);
14 ‘‘(iii) the amount made available for
15 the territorial highway program under sec-
16 tion 165(a)(2);
17 ‘‘(iv) from the amounts made avail-
18 able for a fiscal year for the urbanized
19 areas formula grants under section 5307
20 of title 49, the amounts allocated for a fis-
21 cal year for the passenger ferry grant pro-
22 gram under section 5307(h) of such title;
23 ‘‘(v) from the amounts made available
24 for a fiscal year for the formula grants for
25 rural areas under section 5311 of such
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1 title, the amounts allocated for a fiscal
2 year for public transportation on Indian
3 reservations;
4 ‘‘(vi) from the amounts made avail-
5 able for a fiscal year for the public trans-
6 portation innovation program under sec-
7 tion 5312 of such title—
8 ‘‘(I) the amounts allocated for
9 the zero emission vehicle component
10 assessment under section 5312(h) of
11 such title; and
12 ‘‘(II) the amounts allocated for
13 the transit cooperative research pro-
14 gram under section 5312(i) of such
15 title;
16 ‘‘(vii) from the amounts made avail-
17 able for a fiscal year for the technical as-
18 sistance and workforce development pro-
19 gram of section 5314 of such title, the
20 amounts allocated for the national transit
21 institute under section 5314(c) of such
22 title;
23 ‘‘(viii) from the amounts made avail-
24 able for a fiscal year for the bus and bus
25 facilities program under section 5339 of
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1 such title, the amounts allocated for a fis-
2 cal year for the zero emission grants under
3 section 5339(c) of such title;
4 ‘‘(ix) the amounts made available for
5 growing States under section 5340(c) of
6 such title; and
7 ‘‘(x) the amounts made available for
8 high density states under section 5340(d)
9 of such title.’’;
10 (3) in subsection (d) by inserting ‘‘and section
11 5324 of title 49’’ after ‘‘section 125’’;
12 (4) in subsection (e)—
13 (A) by striking ‘‘There is authorized’’ and
14 inserting ‘‘For fiscal year 2022 and each fiscal
15 year thereafter, there is authorized’’; and
16 (B) by striking ‘‘for any of fiscal years
17 2017 through 2020’’; and
18 (5) in subsection (f)(1) by striking ‘‘section
19 1102 or 3018 of the FAST Act’’ and inserting ‘‘any
20 other provision of law’’.
21 SEC. 1106. TRANSPARENCY.
22 (a) APPORTIONMENT.—Section 104 of title 23,
23 United States Code, is amended by striking subsection (g)
24 and inserting the following:
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1 ‘‘(g) HIGHWAY TRUST FUND TRANSPARENCY AND
2 ACCOUNTABILITY REPORTS.—
3 ‘‘(1) REQUIREMENT.—
4 ‘‘(A) IN GENERAL.—The Secretary shall
5 compile data in accordance with this subsection
6 on the use of Federal-aid highway funds made
7 available under this title.
8 ‘‘(B) USER FRIENDLY DATA.—The data
9 compiled under subparagraph (A) shall be in a
10 user friendly format that can be searched,
11 downloaded, disaggregated, and filtered by data
12 category.
13 ‘‘(2) PROJECT DATA.—
14 ‘‘(A) IN GENERAL.—Not later than 120
15 days after the end of each fiscal year, the Sec-
16 retary shall make available on the website of
17 the Department of Transportation a report that
18 describes—
19 ‘‘(i) the location of each active project
20 within each State during such fiscal year,
21 including in which congressional district or
22 districts such project is located;
23 ‘‘(ii) the total cost of such project;
24 ‘‘(iii) the amount of Federal funding
25 obligated for such project;
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1 ‘‘(iv) the program or programs from
2 which Federal funds have been obligated
3 for such project;
4 ‘‘(v) whether such project is located in
5 an area of the State with a population of—
6 ‘‘(I) less than 5,000 individuals;
7 ‘‘(II) 5,000 or more individuals
8 but less than 50,000 individuals;
9 ‘‘(III) 50,000 or more individuals
10 but less than 200,000 individuals; or
11 ‘‘(IV) 200,000 or more individ-
12 uals;
13 ‘‘(vi) whether such project is located
14 in an area of persistent poverty, as defined
15 in section 172(l);
16 ‘‘(vii) the type of improvement being
17 made by such project, including catego-
18 rizing such project as—
19 ‘‘(I) a road reconstruction
20 project;
21 ‘‘(II) a new road construction
22 project;
23 ‘‘(III) a new bridge construction
24 project;
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1 ‘‘(IV) a bridge rehabilitation
2 project; or
3 ‘‘(V) a bridge replacement
4 project; and
5 ‘‘(viii) the functional classification of
6 the roadway on which such project is lo-
7 cated.
8 ‘‘(B) INTERACTIVE MAP.—In addition to
9 the data made available under subparagraph
10 (A), the Secretary shall make available on the
11 website of the Department of Transportation an
12 interactive map that displays, for each active
13 project, the information described in clauses (i)
14 through (v) of subparagraph (A).
15 ‘‘(3) STATE DATA.—
16 ‘‘(A) APPORTIONED AND ALLOCATED PRO-
17 GRAMS.—The website described in paragraph
18 (2)(A) shall be updated annually to display the
19 Federal-aid highway funds apportioned and al-
20 located to each State under this title, includ-
21 ing—
22 ‘‘(i) the amount of funding available
23 for obligation by the State, including prior
24 unobligated balances, at the start of the
25 fiscal year;
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1 ‘‘(ii) the amount of funding obligated
2 by the State during such fiscal year;
3 ‘‘(iii) the amount of funding remain-
4 ing available for obligation by the State at
5 the end of such fiscal year; and
6 ‘‘(iv) changes in the obligated, unex-
7 pended balance for the State.
8 ‘‘(B) PROGRAMMATIC DATA.—The data de-
9 scribed in subparagraph (A) shall include—
10 ‘‘(i) the amount of funding by each
11 apportioned and allocated program for
12 which the State received funding under
13 this title;
14 ‘‘(ii) the amount of funding trans-
15 ferred between programs by the State dur-
16 ing the fiscal year using the authority pro-
17 vided under section 126; and
18 ‘‘(iii) the amount and program cat-
19 egory of Federal funds exchanged as de-
20 scribed in section 106(g)(6).
21 ‘‘(4) DEFINITIONS.—In this subsection:
22 ‘‘(A) ACTIVE PROJECT.—
23 ‘‘(i) IN GENERAL.—The term ‘active
24 project’ means a Federal-aid highway
25 project using funds made available under
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1 this title on which those funds were obli-
2 gated or expended during the fiscal year
3 for which the estimated total cost as of the
4 start of construction is greater than
5 $5,000,000.
6 ‘‘(ii) EXCLUSION.—The term ‘active
7 project’ does not include any project for
8 which funds are transferred to agencies
9 other than the Federal Highway Adminis-
10 tration.
11 ‘‘(B) INTERACTIVE MAP.—The term ‘inter-
12 active map’ means a map displayed on the pub-
13 lic website of the Department of Transportation
14 that allows a user to select and view informa-
15 tion for each active project, State, and congres-
16 sional district.
17 ‘‘(C) STATE.—The term ‘State’ means any
18 of the 50 States or the District of Columbia.’’.
19 (b) PROJECT APPROVAL AND OVERSIGHT.—Section
20 106 of title 23, United States Code, is amended—
21 (1) in subsection (g)—
22 (A) in paragraph (4) by striking subpara-
23 graph (B) and inserting the following:
24 ‘‘(B) ASSISTANCE TO STATES.—The Sec-
25 retary shall—
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1 ‘‘(i) develop criteria for States to use
2 to make the determination required under
3 subparagraph (A); and
4 ‘‘(ii) provide training, guidance, and
5 other assistance to States and subrecipi-
6 ents as needed to ensure that projects ad-
7 ministered by subrecipients comply with
8 the requirements of this title.
9 ‘‘(C) PERIODIC REVIEW.—The Secretary
10 shall review, not less frequently than every 2
11 years, the monitoring of subrecipients by the
12 States.’’; and
13 (B) by adding at the end the following:
14 ‘‘(6) FEDERAL FUNDING EXCHANGE PRO-
15 GRAMS.—A State may implement a program under
16 which a subrecipient has the option to exchange
17 Federal funds allocated to such subrecipient in ac-
18 cordance with the requirements of this title for State
19 or local funds if the State certifies to the Secretary
20 that the State has prevailing wage and domestic con-
21 tent requirements that are comparable to the re-
22 quirements under sections 113 and 313 and that
23 such requirements shall apply to projects carried out
24 using such funds if such projects would have been
25 subject to the requirements of sections 113 and 313
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1 if such projects were carried out using Federal
2 funds.’’;
3 (2) in subsection (h)(3)—
4 (A) in subparagraph (B) by striking ‘‘, as
5 determined by the Secretary,’’; and
6 (B) in subparagraph (D) by striking ‘‘shall
7 assess’’ and inserting ‘‘in the case of a project
8 proposed to be advanced as a public-private
9 partnership, shall include a detailed value for
10 money analysis or comparable analysis to deter-
11 mine’’; and
12 (3) by adding at the end the following:
13 ‘‘(k) MEGAPROJECTS.—
14 ‘‘(1) COMPREHENSIVE RISK MANAGEMENT
15 PLAN.—To be authorized for the construction of a
16 megaproject, the recipient of Federal financial as-
17 sistance under this title for such megaproject shall
18 submit to the Secretary a comprehensive risk man-
19 agement plan that contains—
20 ‘‘(A) a description of the process by which
21 the recipient will identify, quantify, and monitor
22 the risks, including natural hazards, that might
23 result in cost overruns, project delays, reduced
24 construction quality, or reductions in benefits
25 with respect to the megaproject;
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1 ‘‘(B) examples of mechanisms the recipient
2 will use to track risks identified pursuant to
3 subparagraph (A);
4 ‘‘(C) a plan to control such risks; and
5 ‘‘(D) such assurances as the Secretary de-
6 termines appropriate that the recipient shall,
7 with respect to the megaproject—
8 ‘‘(i) regularly submit to the Secretary
9 updated cost estimates; and
10 ‘‘(ii) maintain and regularly reassess
11 financial reserves for addressing known
12 and unknown risks.
13 ‘‘(2) PEER REVIEW GROUP.—
14 ‘‘(A) IN GENERAL.—Not later than 90
15 days after the date on which a megaproject is
16 authorized for construction, the recipient of
17 Federal financial assistance under this title for
18 such megaproject shall establish a peer review
19 group for such megaproject that consists of at
20 least 5 individuals (including at least 1 indi-
21 vidual with project management experience) to
22 give expert advice on the scientific, technical,
23 and project management aspects of the
24 megaproject.
25 ‘‘(B) MEMBERSHIP.—
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1 ‘‘(i) IN GENERAL.—Not later than
2 180 days after the date of enactment of
3 this subsection, the Secretary shall estab-
4 lish guidelines describing how a recipient
5 described in subparagraph (A) shall—
6 ‘‘(I) recruit and select members
7 for a peer review group established
8 under such subparagraph; and
9 ‘‘(II) make publicly available the
10 criteria for such selection and identify
11 the members so selected.
12 ‘‘(ii) CONFLICT OF INTEREST.—No
13 member of a peer review group for a
14 megaproject may have a direct or indirect
15 financial interest in such megaproject.
16 ‘‘(C) TASKS.—A peer review group estab-
17 lished under subparagraph (A) by a recipient of
18 Federal financial assistance for a megaproject
19 shall—
20 ‘‘(i) meet annually until completion of
21 the megaproject;
22 ‘‘(ii) not later than 90 days after the
23 date of the establishment of the peer re-
24 view group and not later than 90 days
25 after the date of any significant change, as
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1 determined by the Secretary, to the scope,
2 schedule, or budget of the megaproject, re-
3 view the scope, schedule, and budget of the
4 megaproject, including planning, engineer-
5 ing, financing, and any other elements de-
6 termined appropriate by the Secretary; and
7 ‘‘(iii) submit to the Secretary, Con-
8 gress, and such recipient a report on the
9 findings of each review under clause (ii).
10 ‘‘(3) TRANSPARENCY.—Not later than 90 days
11 after the submission of a report under paragraph
12 (2)(C)(iii), the Secretary shall publish on the website
13 of the Department of Transportation such report.
14 ‘‘(4) MEGAPROJECT DEFINED.—In this sub-
15 section, the term ‘megaproject’ means a project
16 under this title that has an estimated total cost of
17 $2,000,000,000 or more, and such other projects as
18 may be identified by the Secretary.
19 ‘‘(l) SPECIAL EXPERIMENTAL PROJECTS.—
20 ‘‘(1) PUBLIC AVAILABILITY.—The Secretary
21 shall publish on the website of the Department of
22 Transportation a copy of all letters of interest, pro-
23 posals, workplans, and reports related to the special
24 experimental project authority pursuant to section
25 502(b). The Secretary shall redact confidential busi-
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1 ness information, as necessary, from any such infor-
2 mation published.
3 ‘‘(2) NOTIFICATION AND OPPORTUNITY FOR
4 COMMENT.—Not later than 30 days before making
5 a determination to proceed with an experiment
6 under a letter of interest described in paragraph (1),
7 the Secretary shall provide notification and an op-
8 portunity for public comment on the letter of inter-
9 est and the Secretary’s proposed response.
10 ‘‘(3) REPORT TO CONGRESS.—Not later than 2
11 years after the date of enactment of the INVEST in
12 America Act, the Secretary shall submit to the Com-
13 mittee on Transportation and Infrastructure of the
14 House of Representatives and the Committee on En-
15 vironment and Public Works of the Senate a report
16 that includes—
17 ‘‘(A) a summary of each experiment de-
18 scribed in this subsection carried out over the
19 previous 5 years; and
20 ‘‘(B) legislative recommendations, if any,
21 based on the findings of such experiments.
22 ‘‘(m) COMPETITIVE GRANT PROGRAM OVERSIGHT
23 AND ACCOUNTABILITY.—
24 ‘‘(1) IN GENERAL.—To ensure the account-
25 ability and oversight of the discretionary grant selec-
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1 tion process administered by the Secretary, a cov-
2 ered program shall be subject to the requirements of
3 this section, in addition to the requirements applica-
4 ble to each covered program.
5 ‘‘(2) APPLICATION PROCESS.—The Secretary
6 shall—
7 ‘‘(A) develop a template for applicants to
8 use to summarize—
9 ‘‘(i) project needs and benefits; and
10 ‘‘(ii) any factors, requirements, or
11 considerations established for the applica-
12 ble covered program;
13 ‘‘(B) create a data driven process to evalu-
14 ate, as set forth in the covered program, each
15 eligible project for which an application is re-
16 ceived; and
17 ‘‘(C) make a determination, based on the
18 evaluation made pursuant to subparagraph (B),
19 on any ratings, rankings, scores, or similar
20 metrics for applications made to the covered
21 program.
22 ‘‘(3) NOTIFICATION OF CONGRESS.—Not less
23 than 15 days before making a grant for a covered
24 program, the Secretary shall notify, in writing, the
25 Committee on Transportation and Infrastructure of
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1 the House of Representatives and the Committee on
2 the Environment and Public Works of the Senate
3 of—
4 ‘‘(A) the amount for each project proposed
5 to be selected;
6 ‘‘(B) a description of the review process;
7 ‘‘(C) for each application, the determina-
8 tion made under paragraph (2)(C); and
9 ‘‘(D) a detailed explanation of the basis for
10 each award proposed to be selected.
11 ‘‘(4) NOTIFICATION OF APPLICANTS.—Not later
12 than 30 days after making a grant for a project
13 under a covered program, the Secretary shall send
14 to all applicants under such covered program, and
15 publish on the website of the Department of Trans-
16 portation—
17 ‘‘(A) a summary of each application made
18 to the covered program for the given round of
19 funding; and
20 ‘‘(B) the evaluation and justification for
21 the project selection, including all ratings,
22 rankings, scores, or similar metrics for applica-
23 tions made to the covered program for the given
24 round of funding during each phase of the
25 grant selection process.
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1 ‘‘(5) BRIEFING.—The Secretary shall provide,
2 at the request of a grant applicant of a covered pro-
3 gram, the opportunity to receive a briefing to explain
4 any reasons the grant applicant was not awarded a
5 grant.
6 ‘‘(6) TEMPLATE.—The Secretary shall, to the
7 extent practicable, develop a template as described
8 in paragraph (2)(A) for any discretionary program
9 administered by the Secretary that is not a covered
10 program.
11 ‘‘(7) COVERED PROGRAM DEFINED.—The term
12 ‘covered program’ means each of the following dis-
13 cretionary grant programs:
14 ‘‘(A) Community climate innovation grants
15 under section 172.
16 ‘‘(B) Electric vehicle charging and hydro-
17 gen fueling infrastructure grants under section
18 151(f).
19 ‘‘(C) Federal lands and tribal major
20 projects grants under section 208.
21 ‘‘(D) Safe, efficient mobility through ad-
22 vanced technologies grants under section
23 503(c)(4).’’.
24 (c) DIVISION OFFICE CONSISTENCY.—Not later than
25 1 year after the date of enactment of this Act, the Comp-
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1 troller General of the United States shall submit to Con-
2 gress a report that—
3 (1) analyzes the consistency of determinations
4 among division offices of the Federal Highway Ad-
5 ministration; and
6 (2) makes recommendations to improve the con-
7 sistency of such determinations.
8 (d) IMPROVING RISK BASED STEWARDSHIP AND
9 OVERSIGHT.—Not later than 180 days after the date of
10 enactment of this Act, the Secretary shall reference U.S.
11 DOT Office of Inspector General Report No. ST2020035
12 and take the following actions to improve the risk based
13 stewardship and oversight of the Department of Transpor-
14 tation:
15 (1) Update and implement Federal Highway
16 Administration’s (FHWA) guidance for risk-based
17 project involvement to clarify the requirements for
18 its project risk-assessment process, including expec-
19 tations for conducting and documenting the risk as-
20 sessment and criteria to guide the reevaluation of
21 project risks.
22 (2) Identify and notify Divisions about sources
23 of information that can inform the project risk-as-
24 sessment process.
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1 (3) Update and implement FHWA’s guidance
2 for risk-based project involvement to clarify how the
3 link between elevated risks and associated oversight
4 activities, changes to oversight actions, and the re-
5 sults of its risk-based involvement should be docu-
6 mented in project oversight plans.
7 (4) Develop and implement a process to rou-
8 tinely monitor the implementation and evaluate the
9 effectiveness of FHWA’s risk-based project involve-
10 ment.
11 SEC. 1107. COMPLETE AND CONTEXT SENSITIVE STREET
12 DESIGN.
13 (a) STANDARDS.—Section 109 of title 23, United
14 States Code, is amended—
15 (1) in subsection (a)—
16 (A) in paragraph (1) by striking ‘‘planned
17 future traffic of the highway in a manner that
18 is conducive to’’ and inserting ‘‘future oper-
19 ational performance of the facility in a manner
20 that enhances’’; and
21 (B) in paragraph (2) by inserting ‘‘, taking
22 into consideration context sensitive design prin-
23 ciples’’ after ‘‘each locality’’;
24 (2) in subsection (b)—
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1 (A) by striking ‘‘The geometric’’ and in-
2 serting ‘‘DESIGN CRITERIA FOR THE INTER-
3 STATE SYSTEM.—The geometric’’; and
4 (B) by striking ‘‘the types and volumes of
5 traffic anticipated for such project for the twen-
6 ty-year period commencing on the date of ap-
7 proval by the Secretary, under section 106 of
8 this title, of the plans, specifications, and esti-
9 mates for actual construction of such project’’
10 and inserting ‘‘the existing and future oper-
11 ational performance of the facility’’;
12 (3) in subsection (c)(1)—
13 (A) in subparagraph (C) by striking ‘‘;
14 and’’ and inserting a semicolon;
15 (B) in subparagraph (D) by striking the
16 period and inserting ‘‘; and’’; and
17 (C) by adding at the end the following:
18 ‘‘(E) context sensitive design principles.’’;
19 (4) by striking subsection (o) and inserting the
20 following:
21 ‘‘(o) COMPLIANCE WITH STATE LAWS FOR NON-
22 NHS PROJECTS.—
23 ‘‘(1) IN GENERAL.—Projects (other than high-
24 way projects on the National Highway System)
25 shall—
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1 ‘‘(A) be designed, constructed, operated,
2 and maintained in accordance with State laws,
3 regulations, directives, safety standards, design
4 standards, and construction standards; and
5 ‘‘(B) take into consideration context sen-
6 sitive design principles.
7 ‘‘(2) DESIGN FLEXIBILITY.—
8 ‘‘(A) IN GENERAL.—A local jurisdiction
9 may deviate from the roadway design publica-
10 tion used by the State in which the local juris-
11 diction is located for the design of a project on
12 a roadway (other than a highway on the Na-
13 tional Highway System) if—
14 ‘‘(i) notification and justification of
15 the deviation is provided to the Secretary
16 and the State; and
17 ‘‘(ii) the design complies with all other
18 applicable Federal laws.
19 ‘‘(B) STATE-OWNED ROADS.—In the case
20 of a roadway under the ownership of the State,
21 the local jurisdiction may only deviate from the
22 roadway design publication used by the State
23 with the concurrence of the State.
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1 ‘‘(C) PROGRAMMATIC BASIS.—The Sec-
2 retary may consider a deviation under this
3 paragraph on a programmatic basis.’’; and
4 (5) by adding at the end the following:
5 ‘‘(s) CONTEXT SENSITIVE DESIGN.—
6 ‘‘(1) CONTEXT SENSITIVE DESIGN PRIN-
7 CIPLES.—The Secretary shall collaborate with the
8 American Association of State Highway Transpor-
9 tation Officials to ensure that any roadway design
10 publications approved by the Secretary under this
11 section provide adequate flexibility for a project
12 sponsor to select the appropriate design of a road-
13 way, consistent with context sensitive design prin-
14 ciples.
15 ‘‘(2) POLICIES OR PROCEDURES.—
16 ‘‘(A) IN GENERAL.—Not later than 1 year
17 after the Secretary publishes the final guidance
18 described in paragraph (3), each State shall
19 adopt policies or procedures to evaluate the con-
20 text of a proposed roadway and select the ap-
21 propriate design, consistent with context sen-
22 sitive design principles.
23 ‘‘(B) LOCAL GOVERNMENTS.—The Sec-
24 retary and States shall encourage local govern-
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1 ments to adopt policies or procedures described
2 under subparagraph (A).
3 ‘‘(C) CONSIDERATIONS.—The policies or
4 procedures developed under this paragraph
5 shall take into consideration the guidance devel-
6 oped by the Secretary under paragraph (3).
7 ‘‘(3) GUIDANCE.—
8 ‘‘(A) IN GENERAL.—
9 ‘‘(i) NOTICE.—Not later than 1 year
10 after the date of enactment of this sub-
11 section, the Secretary shall publish guid-
12 ance on the official website of the Depart-
13 ment of Transportation on context sen-
14 sitive design.
15 ‘‘(ii) PUBLIC REVIEW AND COM-
16 MENT.—The guidance described in this
17 paragraph shall be finalized following an
18 opportunity for public review and com-
19 ment.
20 ‘‘(iii) UPDATE.—The Secretary shall
21 periodically update the guidance described
22 in this paragraph, including the model
23 policies or procedures described under sub-
24 paragraph (B)(v).
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1 ‘‘(B) REQUIREMENTS.—The guidance de-
2 scribed in this paragraph shall—
3 ‘‘(i) provide best practices for States,
4 metropolitan planning organizations, re-
5 gional transportation planning organiza-
6 tions, local governments, or other project
7 sponsors to carry out context sensitive de-
8 sign principles;
9 ‘‘(ii) identify opportunities to modify
10 planning, scoping, design, and development
11 procedures to more effectively combine
12 modes of transportation into integrated fa-
13 cilities that meet the needs of each of such
14 modes of transportation in an appropriate
15 balance;
16 ‘‘(iii) identify metrics to assess the
17 context of the facility, including sur-
18 rounding land use or roadside characteris-
19 tics;
20 ‘‘(iv) assess the expected operational
21 and safety performance of alternative ap-
22 proaches to facility design; and
23 ‘‘(v) taking into consideration the
24 findings of this guidance, establish model
25 policies or procedures for a State or other
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1 project sponsor to evaluate the context of
2 a proposed facility and select the appro-
3 priate facility design for the context.
4 ‘‘(C) TOPICS OF EMPHASIS.—In publishing
5 the guidance described in this paragraph, the
6 Secretary shall emphasize—
7 ‘‘(i) procedures for identifying the
8 needs of users of all ages and abilities of
9 a particular roadway;
10 ‘‘(ii) procedures for identifying the
11 types and designs of facilities needed to
12 serve various modes of transportation;
13 ‘‘(iii) safety and other benefits pro-
14 vided by carrying out context sensitive de-
15 sign principles;
16 ‘‘(iv) common barriers to carrying out
17 context sensitive design principles;
18 ‘‘(v) procedures for overcoming the
19 most common barriers to carrying out con-
20 text sensitive design principles;
21 ‘‘(vi) procedures for identifying the
22 costs associated with carrying out context
23 sensitive design principles;
24 ‘‘(vii) procedures for maximizing local
25 cooperation in the introduction of context
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1 sensitive design principles and carrying out
2 those principles; and
3 ‘‘(viii) procedures for assessing and
4 modifying the facilities and operational
5 characteristics of existing roadways to im-
6 prove consistency with context sensitive de-
7 sign principles.
8 ‘‘(4) FUNDING.—Amounts made available
9 under sections 104(b)(6) and 505 of this title may
10 be used for States, local governments, metropolitan
11 planning organizations, or regional transportation
12 planning organizations to adopt policies or proce-
13 dures to evaluate the context of a proposed roadway
14 and select the appropriate design, consistent with
15 context sensitive design principles.’’.
16 (b) CONFORMING AMENDMENT.—Section 1404(b) of
17 the FAST Act (23 U.S.C. 109 note) is repealed.
18 SEC. 1108. INNOVATIVE PROJECT DELIVERY FEDERAL
19 SHARE.
20 (a) IN GENERAL.—Section 120(c)(3)(B) of title 23,
21 United States Code, is amended—
22 (1) by striking clauses (i) and (ii) and inserting
23 the following:
24 ‘‘(i) prefabricated bridge elements and
25 systems, innovative materials, and other
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1 technologies to reduce bridge construction
2 time, extend service life, and reduce preser-
3 vation costs, as compared to conventionally
4 designed and constructed bridges;
5 ‘‘(ii) innovative construction equip-
6 ment, materials, techniques, or practices,
7 including the use of in-place recycling tech-
8 nology, digital 3-dimensional modeling
9 technologies, and advanced digital con-
10 struction management systems;’’;
11 (2) by redesignating clause (vi) as clause (vii);
12 (3) in clause (v) by striking ‘‘or’’ at the end;
13 and
14 (4) by inserting after clause (v) the following:
15 ‘‘(vi) innovative pavement materials
16 that demonstrate reductions in greenhouse
17 gas emissions through sequestration or in-
18 novative manufacturing processes; or’’.
19 (b) TECHNICAL AMENDMENT.—Section 107(a)(2) of
20 title 23, United States Code, is amended by striking ‘‘sub-
21 section (c) of’’.
22 SEC. 1109. TRANSFERABILITY OF FEDERAL-AID HIGHWAY
23 FUNDS.
24 Section 126(b) of title 23, United States Code, is
25 amended—
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1 (1) in the heading by inserting ‘‘AND PRO-
2 GRAMS’’ after ‘‘SET-ASIDES’’;
3 (2) in paragraph (1) by striking ‘‘and
4 133(d)(1)(A)’’ and inserting ‘‘, 130, 133(d)(1)(A),
5 133(h), 149, and 171’’; and
6 (3) by striking paragraph (2) and inserting the
7 following:
8 ‘‘(2) ENVIRONMENTAL PROGRAMS.—With re-
9 spect to an apportionment under either paragraph
10 (4) or paragraph (9) of section 104(b), and notwith-
11 standing paragraph (1), a State may only transfer
12 not more than 50 percent from the amount of the
13 apportionment of either such paragraph to the ap-
14 portionment under the other such paragraph in a
15 fiscal year.’’.
16 SEC. 1110. TOLLING.
17 (a) TOLL ROADS, BRIDGES, TUNNELS, AND FER-
18 RIES.—Section 129 of title 23, United States Code, is
19 amended—
20 (1) in subsection (a)—
21 (A) by striking paragraph (1) and insert-
22 ing the following:
23 ‘‘(1) IN GENERAL.—
24 ‘‘(A) AUTHORIZATION.—Subject to the
25 provisions of this section, Federal participation
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1 shall be permitted on the same basis and in the
2 same manner as construction of toll-free high-
3 ways is permitted under this chapter in the—
4 ‘‘(i) initial construction of a toll high-
5 way, bridge, or tunnel or approach to the
6 highway, bridge, or tunnel;
7 ‘‘(ii) initial construction of 1 or more
8 lanes or other improvements that increase
9 capacity of a highway, bridge, or tunnel
10 (other than a highway on the Interstate
11 System) and conversion of that highway,
12 bridge, or tunnel to a tolled facility, if the
13 number of toll-free lanes, excluding auxil-
14 iary lanes, after the construction is not less
15 than the number of toll-free lanes, exclud-
16 ing auxiliary lanes, before the construction;
17 ‘‘(iii) initial construction of 1 or more
18 lanes or other improvements that increase
19 the capacity of a highway, bridge, or tun-
20 nel on the Interstate System and conver-
21 sion of that highway, bridge, or tunnel to
22 a tolled facility, if the number of toll-free
23 non-HOV lanes, excluding auxiliary lanes,
24 after such construction is not less than the
25 number of toll-free non-HOV lanes, exclud-
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1 ing auxiliary lanes, before such construc-
2 tion;
3 ‘‘(iv) reconstruction, resurfacing, res-
4 toration, rehabilitation, or replacement of a
5 toll highway, bridge, or tunnel or approach
6 to the highway, bridge, or tunnel;
7 ‘‘(v) reconstruction or replacement of
8 a toll-free bridge or tunnel and conversion
9 of the bridge or tunnel to a toll facility;
10 ‘‘(vi) reconstruction of a toll-free Fed-
11 eral-aid highway (other than a highway on
12 the Interstate System) and conversion of
13 the highway to a toll facility;
14 ‘‘(vii) reconstruction, restoration, or
15 rehabilitation of a highway on the Inter-
16 state System if the number of toll-free
17 non-HOV lanes, excluding auxiliary lanes,
18 after reconstruction, restoration, or reha-
19 bilitation is not less than the number of
20 toll-free non-HOV lanes, excluding auxil-
21 iary lanes, before reconstruction, restora-
22 tion, or rehabilitation;
23 ‘‘(viii) conversion of a high occupancy
24 vehicle lane on a highway, bridge, or tun-
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1 nel to a toll facility, subject to the require-
2 ments of section 166; and
3 ‘‘(ix) preliminary studies to determine
4 the feasibility of a toll facility for which
5 Federal participation is authorized under
6 this paragraph.
7 ‘‘(B) AGREEMENT TO TOLL.—
8 ‘‘(i) IN GENERAL.—Before the Sec-
9 retary may authorize tolling under this
10 subsection, the public authority with juris-
11 diction over a highway, bridge, or tunnel
12 shall enter into an agreement with the Sec-
13 retary to ensure compliance with the re-
14 quirements of this subsection.
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 ‘‘(cc) conversion, with or
25 without Federal participation, of
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1 a non-tolled lane on the National
2 Highway System to a toll facility
3 under subparagraph (E).
4 ‘‘(II) HOV FACILITY.—Except as
5 otherwise provided in this subsection
6 or section 166, the provisions of this
7 paragraph shall not apply to a high
8 occupancy vehicle facility.
9 ‘‘(iii) MAJOR FEDERAL ACTION.—Ap-
10 proval by the Secretary of an agreement to
11 toll under this paragraph shall be consid-
12 ered a major Federal action under the Na-
13 tional Environmental Policy Act of 1969
14 (42 U.S.C. 4321 et seq.).
15 ‘‘(C) AGREEMENT CONDITIONS.—Prior to
16 entering into an agreement to toll under sub-
17 paragraph (B), the public authority shall certify
18 to the Secretary that—
19 ‘‘(i) the public authority has estab-
20 lished procedures to ensure the toll meets
21 the purposes and requirements of this sub-
22 section;
23 ‘‘(ii) the facility shall provide for ac-
24 cess at no cost to public transportation ve-
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1 hicles and over-the-road buses serving the
2 public; and
3 ‘‘(iii) the facility shall provide for the
4 regional interoperability of electronic toll
5 collection, including through technologies
6 or business practices.
7 ‘‘(D) CONSIDERATION OF IMPACTS.—
8 ‘‘(i) IN GENERAL.—Prior to entering
9 into an agreement to toll under subpara-
10 graph (B), the Secretary shall ensure the
11 public authority has adequately considered,
12 including by providing an opportunity for
13 public comment, the following factors with-
14 in the corridor:
15 ‘‘(I) Congestion impacts on both
16 the toll facility and in the corridor or
17 cordon (including adjacent toll-free fa-
18 cilities).
19 ‘‘(II) In the case of a non-attain-
20 ment or maintenance area, air quality
21 impacts.
22 ‘‘(III) Planned investments to
23 improve public transportation or other
24 non-tolled alternatives in the corridor.
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1 ‘‘(IV) Environmental justice and
2 equity impacts.
3 ‘‘(V) Impacts on freight move-
4 ment.
5 ‘‘(VI) Economic impacts on busi-
6 nesses.
7 ‘‘(ii) CONSIDERATION IN ENVIRON-
8 MENTAL REVIEW.—Nothing in this sub-
9 paragraph shall limit a public authority
10 from meeting the requirements of this sub-
11 paragraph through the environmental re-
12 view process, as applicable.
13 ‘‘(E) CONGESTION PRICING.—
14 ‘‘(i) IN GENERAL.—The Secretary
15 may authorize conversion of a non-tolled
16 lane on the National Highway System to a
17 toll facility to utilize pricing to manage the
18 demand to use the facility by varying the
19 toll amount that is charged.
20 ‘‘(ii) REQUIREMENT.—Prior to enter-
21 ing into an agreement to convert a non-
22 tolled lane on the National Highway Sys-
23 tem to a toll facility, the Secretary shall
24 ensure (in addition to the requirements
25 under subparagraphs (B), (C), and (D))
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1 that such toll facility and the planned in-
2 vestments to improve public transportation
3 or other non-tolled alternatives in the cor-
4 ridor are reasonably expected to improve
5 the operation of the cordon or corridor, as
6 described in clauses (iii) and (iv).
7 ‘‘(iii) PERFORMANCE MONITORING.—
8 A public authority that enters into an
9 agreement to convert a non-tolled lane to
10 a toll facility under this subparagraph
11 shall—
12 ‘‘(I) establish, monitor, and sup-
13 port a performance monitoring, eval-
14 uation, and reporting program—
15 ‘‘(aa) for the toll facility
16 that provides for continuous
17 monitoring, assessment, and re-
18 porting on the impacts that the
19 pricing structure may have on
20 the operation of the facility; and
21 ‘‘(bb) for the corridor or cor-
22 don that provides for continuous
23 monitoring, assessment, and re-
24 porting on the impacts of conges-
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1 tion pricing on the operation of
2 the corridor or cordon;
3 ‘‘(II) submit to the Secretary an-
4 nual reports of the impacts described
5 in subclause (I); and
6 ‘‘(III) if the facility or the cor-
7 ridor or cordon becomes degraded, as
8 described in clause (iv), submit to the
9 Secretary an annual update that de-
10 scribes the actions proposed to bring
11 the toll facility into compliance and
12 the progress made on such actions.
13 ‘‘(iv) DETERMINATION.—
14 ‘‘(I) DEGRADED OPERATION.—
15 For purposes of clause (iii)(III), the
16 operation of a toll facility shall be
17 considered to be degraded if vehicles
18 operating on the facility are failing to
19 maintain a minimum average oper-
20 ating speed 90 percent of the time
21 over a consecutive 180-day period
22 during peak hour periods.
23 ‘‘(II) DEGRADED CORRIDOR OR
24 CORDON.—For the purposes of clause
25 (iii)(III), a corridor or cordon shall be
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1 considered to be degraded if conges-
2 tion pricing or investments to improve
3 public transportation or other non-
4 tolled alternatives have not resulted
5 in—
6 ‘‘(aa) an increase in person
7 or freight throughput in the cor-
8 ridor or cordon; or
9 ‘‘(bb) a reduction in person
10 hours of delay in the corridor or
11 cordon, as determined by the
12 Secretary.
13 ‘‘(III) DEFINITION OF MINIMUM
14 AVERAGE OPERATING SPEED.—In this
15 subparagraph, the term ‘minimum av-
16 erage operating speed’ means—
17 ‘‘(aa) 35 miles per hour, in
18 the case of a toll facility with a
19 speed limit of 45 miles per hour
20 or greater; and
21 ‘‘(bb) not more than 10
22 miles per hour below the speed
23 limit, in the case of a toll facility
24 with a speed limit of less than 50
25 miles per hour.
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1 ‘‘(v) MAINTENANCE OF OPERATING
2 PERFORMANCE.—
3 ‘‘(I) IN GENERAL.—Not later
4 than 180 days after the date on which
5 a facility or a corridor or cordon be-
6 comes degraded under clause (iv), the
7 public authority with jurisdiction over
8 the facility shall submit to the Sec-
9 retary for approval a plan that details
10 the actions the public authority will
11 take to make significant progress to-
12 ward bringing the facility or corridor
13 or cordon into compliance with this
14 subparagraph.
15 ‘‘(II) NOTICE OF APPROVAL OR
16 DISAPPROVAL.—Not later than 60
17 days after the date of receipt of a
18 plan under subclause (I), the Sec-
19 retary shall provide to the public au-
20 thority a written notice indicating
21 whether the Secretary has approved
22 or disapproved the plan based on a
23 determination of whether the imple-
24 mentation of the plan will make sig-
25 nificant progress toward bringing the
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1 facility or corridor or cordon into
2 compliance with this subparagraph.
3 ‘‘(III) UPDATE.—Until the date
4 on which the Secretary determines
5 that the public authority has brought
6 the facility or corridor or cordon into
7 compliance with this subparagraph,
8 the public authority shall submit an-
9 nual updates that describe—
10 ‘‘(aa) the actions taken to
11 bring the facility into compliance;
12 ‘‘(bb) the actions taken to
13 bring the corridor or cordon into
14 compliance; and
15 ‘‘(cc) the progress made by
16 those actions.
17 ‘‘(IV) COMPLIANCE.—If a public
18 authority fails to bring a facility into
19 compliance under this subparagraph,
20 the Secretary may subject the public
21 authority to appropriate program
22 sanctions under section 1.36 of title
23 23, Code of Federal Regulations (or
24 successor regulations), until the per-
25 formance is no longer degraded.
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1 ‘‘(vi) CONSULTATION OF MPO.—If a
2 toll facility authorized under this subpara-
3 graph is located on the National Highway
4 System and in a metropolitan planning
5 area established in accordance with section
6 134, the public authority shall consult with
7 the metropolitan planning organization for
8 the area.
9 ‘‘(vii) INCLUSION.—For the purposes
10 of this paragraph, the corridor or cordon
11 shall include toll-free facilities that are ad-
12 jacent to the toll facility.’’;
13 (B) in paragraph (3)—
14 (i) in subparagraph (A)—
15 (I) in clause (iv) by striking
16 ‘‘and’’ at the end; and
17 (II) by striking clause (v) and in-
18 serting the following:
19 ‘‘(v) any project eligible under this
20 title or chapter 53 of title 49 that improves
21 the operation of the corridor or cordon by
22 increasing person or freight throughput
23 and reducing person hours of delay;
24 ‘‘(vi) toll discounts or rebates for
25 users of the toll facility that have no rea-
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1 sonable alternative transportation method
2 to the toll facility; and
3 ‘‘(vii) if the public authority certifies
4 annually that the tolled facility is being
5 adequately maintained and the cordon or
6 corridor is not degraded under paragraph
7 (1)(E), any revenues remaining after fund-
8 ing the activities described in clauses (i)
9 through (vi) shall be considered surplus
10 revenue and may be used for any other
11 purpose for which Federal funds may be
12 obligated by a State under this title or
13 chapter 53 of title 49.’’;
14 (ii) by striking subparagraph (B) and
15 inserting the following:
16 ‘‘(B) TRANSPARENCY.—
17 ‘‘(i) ANNUAL AUDIT.—
18 ‘‘(I) IN GENERAL.—A public au-
19 thority with jurisdiction over a toll fa-
20 cility shall conduct or have an inde-
21 pendent auditor conduct an annual
22 audit of toll facility records to verify
23 adequate maintenance and compliance
24 with subparagraph (A), and report the
25 results of the audits to the Secretary.
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1 ‘‘(II) RECORDS.—On reasonable
2 notice, the public authority shall make
3 all records of the public authority per-
4 taining to the toll facility available for
5 audit by the Secretary.
6 ‘‘(ii) USE OF REVENUES.—A State or
7 public authority that obligates amounts
8 under clauses (v), (vi), or (vii) of subpara-
9 graph (A) shall annually report to the Sec-
10 retary a list of activities funded with such
11 amounts and the amount of funding pro-
12 vided for each such activity.’’;
13 (C) in paragraph (8) by striking ‘‘as of the
14 date of enactment of the MAP–21, before com-
15 mencing any activity authorized’’ and inserting
16 ‘‘, before commencing any activity authorized’’;
17 (D) in paragraph (9)—
18 (i) by striking ‘‘bus’’ and inserting
19 ‘‘vehicle’’; and
20 (ii) by striking ‘‘buses’’ and inserting
21 ‘‘vehicles’’; and
22 (E) by striking paragraph (10) and insert-
23 ing the following:
24 ‘‘(10) INTEROPERABILITY OF ELECTRONIC
25 TOLL COLLECTION.—All toll facilities on Federal-aid
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1 highways shall provide for the regional interoper-
2 ability of electronic toll collection, including through
3 technologies or business practices.
4 ‘‘(11) NONCOMPLIANCE.—If the Secretary con-
5 cludes that a public authority has not complied with
6 the requirements of this subsection, the Secretary
7 may require the public authority to discontinue col-
8 lecting tolls until the public authority and the Sec-
9 retary enter into an agreement for the public author-
10 ity to achieve compliance with such requirements.
11 ‘‘(12) DEFINITIONS.—In this subsection, the
12 following definitions apply:
13 ‘‘(A) FEDERAL PARTICIPATION.—The term
14 ‘Federal participation’ means the use of funds
15 made available under this title.
16 ‘‘(B) HIGH OCCUPANCY VEHICLE; HOV.—
17 The term ‘high occupancy vehicle’ or ‘HOV’
18 means a vehicle with not fewer than 2 occu-
19 pants.
20 ‘‘(C) INITIAL CONSTRUCTION.—
21 ‘‘(i) IN GENERAL.—The term ‘initial
22 construction’ means the construction of a
23 highway, bridge, tunnel, or other facility at
24 any time before it is open to traffic.
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1 ‘‘(ii) EXCLUSIONS.—The term ‘initial
2 construction’ does not include any improve-
3 ment to a highway, bridge, tunnel, or other
4 facility after it is open to traffic.
5 ‘‘(D) OVER-THE-ROAD BUS.—The term
6 ‘over-the-road bus’ has the meaning given the
7 term in section 301 of the Americans with Dis-
8 abilities Act of 1990 (42 U.S.C. 12181).
9 ‘‘(E) PUBLIC AUTHORITY.—The term
10 ‘public authority’ means a State, interstate
11 compact of States, or public entity designated
12 by a State.
13 ‘‘(F) PUBLIC TRANSPORTATION VEHI-
14 CLE.—The term ‘public transportation vehicle’
15 has the meaning given that term in section 166.
16 ‘‘(G) TOLL FACILITY.—The term ‘toll fa-
17 cility’ means a toll highway, bridge, or tunnel or
18 approach to the highway, bridge, or tunnel con-
19 structed or authorized to be tolled under this
20 subsection.’’.
21 (b) REPEAL OF INTERSTATE SYSTEM RECONSTRUC-
22 TION AND REHABILITATION PILOT PROGRAM.—Section
23 1216 of the Transportation Equity Act for the 21st Cen-
24 tury (23 U.S.C. 129 note), and the item related to such
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1 section in the table of contents in section 1(b) of such Act,
2 are repealed.
3 (c) VALUE PRICING PILOT PROGRAM.—Section
4 1012(b) of the Intermodal Surface Transportation Effi-
5 ciency Act of 1991 (23 U.S.C. 149 note) is amended by
6 adding at the end the following:
7 ‘‘(9) SUNSET.—The Secretary may not consider
8 an expression of interest submitted under this sec-
9 tion after the date of enactment of this paragraph.’’.
10 (d) SAVINGS CLAUSE.—
11 (1) APPLICATION OF LIMITATIONS.—Any toll
12 facility described in paragraph (2) shall be subject to
13 the requirements of section 129(a)(3) of title 23,
14 United States Code, as in effect on the day before
15 the date of enactment of this Act.
16 (2) TOLL FACILITIES.—A toll facility described
17 in this paragraph is a facility that, on the day prior
18 to the date of enactment of this Act, was—
19 (A) operating;
20 (B) in the planning and design phase; or
21 (C) in the construction phase.
22 (e) REPORT.—Not later than 180 days after the date
23 of enactment of this Act, the Secretary of Transportation
24 shall submit to Congress a report on the implementation
25 of the interoperability of toll collection as required under
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1 section 1512(b) of MAP–21, including an assessment of
2 the progress in, and barriers on, such implementation.
3 SEC. 1111. HOV FACILITIES.
4 Section 166 of title 23, United States Code, is
5 amended—
6 (1) in subsection (b)—
7 (A) in paragraph (4)(C)(iii) by striking
8 ‘‘transportation buses’’ and inserting ‘‘transpor-
9 tation vehicles’’; and
10 (B) in paragraph (5)(B) by striking
11 ‘‘2019’’ and inserting ‘‘2025’’;
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 of 50 miles per hour or greater’’ and insert-
15 ing ‘‘35 miles per hour, in the case of a HOV facility
16 with a speed limit of 45 miles per hour or greater’’;
17 (3) in subsection (d)(2)(B) by striking ‘‘morn-
18 ing or evening weekday peak hour periods (or both)’’
19 and inserting ‘‘peak hour periods’’;
20 (4) in subsection (e)—
21 (A) by striking ‘‘Not later than 180 days
22 after the date of enactment of this section, the
23 Administrator’’ and inserting ‘‘The Adminis-
24 trator’’;
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1 (B) in paragraph (1) by striking ‘‘and’’ at
2 the end;
3 (C) in paragraph (2) by striking the period
4 at the end and inserting ‘‘; and’’; and
5 (D) by adding at the end the following:
6 ‘‘(3) not later than 180 days after the date of
7 enactment of the INVEST in America Act, update
8 the requirements established under paragraph (1).’’;
9 and
10 (5) in subsection (f)—
11 (A) in paragraph (1)—
12 (i) by striking subparagraphs (C),
13 (D), and (F); and
14 (ii) by redesignating subparagraphs
15 (E), (G), (H), and (I) as subparagraphs
16 (C), (D), (E), and (F), respectively; and
17 (B) in paragraph (6)(B)(i) by striking
18 ‘‘public entity’’ and inserting ‘‘public transpor-
19 tation service that is a recipient or subrecipient
20 of funds under chapter 53 of title 49’’.
21 SEC. 1112. BUY AMERICA.
22 (a) IN GENERAL.—Section 313 of title 23, United
23 States Code, is amended—
24 (1) in subsection (a)—
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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’’; and
22 (5) by adding at the end the following:
23 ‘‘(h) WAIVER PROCEDURE.—
24 ‘‘(1) IN GENERAL.—Not later than 120 days
25 after the submission of a request for a waiver, the
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1 Secretary shall make a determination under para-
2 graph (1) or (2) of subsection (b) as to whether sub-
3 section (a) shall apply.
4 ‘‘(2) PUBLIC NOTIFICATION AND COMMENT.—
5 ‘‘(A) IN GENERAL.—Not later than 30
6 days before making a determination regarding a
7 waiver described in paragraph (1), the Sec-
8 retary shall provide notification and an oppor-
9 tunity for public comment on the request for
10 such waiver.
11 ‘‘(B) NOTIFICATION REQUIREMENTS.—The
12 notification required under subparagraph (A)
13 shall—
14 ‘‘(i) describe whether the application
15 is being made for a determination de-
16 scribed in subsection (b)(1); and
17 ‘‘(ii) be provided to the public by elec-
18 tronic means, including on the public
19 website of the Department of Transpor-
20 tation.
21 ‘‘(3) DETERMINATION.—Before a determination
22 described in paragraph (1) takes effect, the Sec-
23 retary shall publish a detailed justification for such
24 determination that addresses all public comments re-
25 ceived under paragraph (2)—
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1 ‘‘(A) on the public website of the Depart-
2 ment of Transportation; and
3 ‘‘(B) if the Secretary issues a waiver with
4 respect to such determination, in the Federal
5 Register.
6 ‘‘(i) REVIEW OF NATIONWIDE WAIVERS.—
7 ‘‘(1) IN GENERAL.—Not later than 1 year after
8 the date of enactment of this subsection, and at
9 least every 5 years thereafter, the Secretary shall re-
10 view any standing nationwide waiver issued by the
11 Secretary under this section to ensure such waiver
12 remains justified.
13 ‘‘(2) PUBLIC NOTIFICATION AND OPPORTUNITY
14 FOR COMMENT.—
15 ‘‘(A) IN GENERAL.—Not later than 30
16 days before the completion of a review under
17 paragraph (1), the Secretary shall provide noti-
18 fication and an opportunity for public comment
19 on such review.
20 ‘‘(B) MEANS OF NOTIFICATION.—Notifica-
21 tion provided under this subparagraph shall be
22 provided by electronic means, including on the
23 public website of the Department of Transpor-
24 tation.
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1 ‘‘(3) DETAILED JUSTIFICATION IN FEDERAL
2 REGISTER.—After the completion of a review under
3 paragraph (1), the Secretary shall publish in the
4 Federal Register a detailed justification for the de-
5 termination made under paragraph (1) that address-
6 es all public comments received under paragraph
7 (2).
8 ‘‘(j) REPORT.—Not later than 120 days after the last
9 day of each fiscal year, the Secretary shall submit to the
10 Committee on Transportation and Infrastructure of the
11 House of Representatives, the Committee on Appropria-
12 tions of the House of Representatives, the Committee on
13 Environment and Public Works of the Senate, and the
14 Committee on Appropriations of the Senate a report on
15 the waivers provided under subsection (h) during the pre-
16 vious fiscal year and the justifications for such waivers.’’.
17 (b) SAFETEA–LU TECHNICAL CORRECTIONS ACT
18 OF 2008.—Section 117 of the SAFETEA–LU Technical
19 Corrections Act of 2008 (23 U.S.C. 313 note) is repealed.
20 SEC. 1113. FEDERAL-AID HIGHWAY PROJECT REQUIRE-
21 MENTS.
22 (a) IN GENERAL.—Except as otherwise provided in
23 subsection (b), notwithstanding any other provision of law,
24 the Secretary shall require recipients of assistance under
25 title 23, United States Code, and title I of division B this
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1 Act and the amendments made by this Act to comply with
2 subsection (a) of section 113 of title 23, United States
3 Code, with respect to all construction work, in the same
4 manner that recipients of assistance under chapter 1 of
5 such title are required to comply with such subsection for
6 construction work performed on highway projects on Fed-
7 eral-aid highways.
8 (b) TREATMENT OF CERTAIN PROJECTS.—The Sec-
9 retary shall apply the requirements of section 1306(l) of
10 this Act and sections 117(k), 172(j), and 173(k) of title
11 23, United States Code, to a project funded with a grant
12 under such sections.
13 SEC. 1114. STATE ASSUMPTION OF RESPONSIBILITY FOR
14 CATEGORICAL EXCLUSIONS.
15 Section 326(c)(3) of title 23, United States Code, is
16 amended—
17 (1) by striking subparagraph (A) and inserting
18 the following:
19 ‘‘(A) except as provided under subpara-
20 graph (C), have a term of not more than 3
21 years;’’;
22 (2) in subparagraph (B) by striking the period
23 at the end and inserting ‘‘; and’’; and
24 (3) by adding at the end the following:
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1 ‘‘(C) for any State that has assumed the
2 responsibility for categorical exclusions under
3 this section for at least 10 years, have a term
4 of 5 years.’’.
5 SEC. 1115. SURFACE TRANSPORTATION PROJECT DELIV-
6 ERY PROGRAM WRITTEN AGREEMENTS.
7 Section 327 of title 23, United States Code, is
8 amended—
9 (1) in subsection (c)—
10 (A) by striking paragraph (5) and insert-
11 ing the following:
12 ‘‘(5) except as provided under paragraph (7),
13 have a term of not more than 5 years;’’;
14 (B) in paragraph (6) by striking the period
15 at the end and inserting ‘‘; and’’; and
16 (C) by adding at the end the following:
17 ‘‘(7) for any State that has participated in a
18 program under this section (or under a predecessor
19 program) for at least 10 years, have a term of 10
20 years.’’;
21 (2) in subsection (g)(1)—
22 (A) in subparagraph (C) by striking ‘‘an-
23 nual’’;
24 (B) in subparagraph (B) by striking ‘‘and’’
25 at the end;
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1 (C) by redesignating subparagraph (C) as
2 subparagraph (D); and
3 (D) by inserting after subparagraph (B)
4 the following:
5 ‘‘(C) in the case of an agreement period of
6 greater than 5 years under subsection (c)(7),
7 conduct an audit covering the first 5 years of
8 the agreement period; and’’; and
9 (3) by adding at the end the following:
10 ‘‘(m) AGENCY DEEMED TO BE FEDERAL AGENCY.—
11 A State agency that is assigned a responsibility under an
12 agreement under this section shall be deemed to be a Fed-
13 eral agency for the purposes of all Federal laws pursuant
14 to which the responsibility is exercised.’’.
15 SEC. 1116. CORROSION PREVENTION FOR BRIDGES.
16 (a) DEFINITIONS.—In this section:
17 (1) APPLICABLE BRIDGE PROJECTS.—The term
18 ‘‘applicable bridge projects’’ means a project for con-
19 struction, alteration, or maintenance work, other
20 than de minimus maintenance or repair work as de-
21 termined by the applicable State department of
22 transportation, on a bridge or overpass structure
23 funded under title 23, United States Code.
24 (2) CERTIFIED CONTRACTOR.—The term ‘‘cer-
25 tified contractor’’ means a contracting or subcon-
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1 tracting firm that has been certified by a third party
2 organization that evaluates the capability of the con-
3 tractor or subcontractor to properly perform one or
4 more specified aspects of applicable bridge projects
5 as defined in subsection (b)(2).
6 (3) QUALIFIED TRAINING PROGRAM.—The term
7 ‘‘qualified training program’’ means a training pro-
8 gram in corrosion control, mitigation and prevention,
9 that is either offered or accredited by an organiza-
10 tion that sets industry corrosion standards or is rec-
11 ognized in corrosion management transportation
12 structures by the Department of Transportation, for
13 the purposes of controlling, mitigating and pre-
14 venting corrosion, or a program registered under the
15 Act of August 16, 1937 (29 U.S.C. 50 et seq.) (com-
16 monly known as the ‘‘National Apprenticeship Act’’)
17 that meets the requirements of parts 29 and 30 of
18 title 29, Code of Federal Regulations, as in effect on
19 January 1, 2020.
20 (b) APPLICABLE BRIDGE PROJECTS.—
21 (1) QUALITY CONTROL.—A certified contractor
22 shall carry out aspects of an applicable bridge
23 project described in paragraph (2).
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1 (2) ASPECTS OF APPLICABLE BRIDGE
2 PROJECTS.—Aspects of an applicable bridge project
3 referred to in paragraph (1) include—
4 (A) surface preparation or coating applica-
5 tion on steel or rebar of an applicable bridge
6 project;
7 (B) removal of a lead-based or other haz-
8 ardous coating from steel of an existing applica-
9 ble bridge project;
10 (C) shop painting of structural steel or
11 rebar fabricated for installation on an applica-
12 ble bridge project; and
13 (D) the design, application, installation
14 and maintenance of a cathodic protection sys-
15 tem on an applicable bridge project.
16 (3) CORROSION MANAGEMENT SYSTEM.—A
17 State transportation department shall—
18 (A) implement a corrosion management
19 system that utilizes industry-recognized stand-
20 ards and corrosion mitigation and prevention
21 methods to address—
22 (i) surface preparation;
23 (ii) protective coatings;
24 (iii) materials selection;
25 (iv) cathodic protection;
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1 (v) corrosion engineering;
2 (vi) personnel training; and
3 (vii) best practices in environmental
4 protection to prevent environmental deg-
5 radation and uphold public health;
6 (B) require certified contractors that em-
7 ploy appropriately trained and certified coating
8 applicators to carry out aspects of applicable
9 bridge projects as described in paragraph (2);
10 and
11 (C) use certified cathodic protection profes-
12 sionals for all aspects of applicable bridge
13 projects that require knowledge of the design,
14 installation, monitoring, or maintenance of a
15 cathodic protection system.
16 (c) TRAINING PROGRAM.—As a condition of entering
17 into a contract for an applicable bridge project, each cer-
18 tified contractor shall provide training, through a qualified
19 training program, for each applicable craft or trade classi-
20 fication of employees that the certified contractor intends
21 to employ to carry out aspects of applicable bridge projects
22 as described in subsection (b)(2).
23 SEC. 1117. SENSE OF CONGRESS.
24 It is the sense of Congress that—
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1 (1) States should utilize life-cycle cost analysis
2 to evaluate the total economic cost of a transpor-
3 tation project over its expected lifetime; and
4 (2) data indicating that future repair costs as-
5 sociated with a transportation project frequently
6 total more than half of the initial cost of the project,
7 and that conducting life-cycle cost analysis prior to
8 construction will help States identify the most cost-
9 effective option, improve their economic perform-
10 ance, and lower the total cost of building and main-
11 taining the project.
12 SEC. 1118. ADDITIONAL SUPPORT TO REBUILD RURAL COM-
13 MUNITIES.
14 To carry out section 1307 of this Act, there are au-
15 thorized to be appropriated $100,000,000 for fiscal year
16 2023 and $50,000,000 for fiscal year 2024.
17 SEC. 1119. FEDERAL GRANTS FOR PEDESTRIAN AND BIKE
18 SAFETY IMPROVEMENTS.
19 (a) IN GENERAL.—Notwithstanding any provision of
20 title 23, United States Code, or any regulation issued by
21 the Secretary of Transportation, section 129(a)(3) of such
22 title shall not apply to a covered public authority that re-
23 ceives funding under such title for pedestrian and bike
24 safety improvements.
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1 (b) NO TOLL.—A covered public authority may not
2 charge a toll, fee, or other levy for use of such improve-
3 ments.
4 (c) EFFECTIVE DATE.—A covered public authority
5 shall be eligible for the exemption under subsection (a)
6 for 10 years after the date of enactment of this Act. Any
7 such exemption granted shall remain in effect after the
8 effective date described in this section.
9 (d) DEFINITIONS.—In this section, the following defi-
10 nitions apply:
11 (1) COVERED PUBLIC AUTHORITY.—The term
12 ‘‘covered public authority’’ means a public authority
13 with jurisdiction over a toll facility located within
14 both—
15 (A) a National Scenic Area; and
16 (B) the National Trail System.
17 (2) NATIONAL SCENIC AREA.—The term ‘‘Na-
18 tional Scenic Area’’ means an area of the National
19 Forest System federally designated as a National
20 Scenic Area in recognition of the outstanding nat-
21 ural, scenic, and recreational values of the area.
22 (3) NATIONAL TRAIL SYSTEM.—The term ‘‘Na-
23 tional Trail System’’ means an area described in sec-
24 tion 3 of the National Trails System Act (16 U.S.C.
25 1242).
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1 (4) PUBLIC AUTHORITY; TOLL FACILITY.—The
2 terms ‘‘public authority’’ and ‘‘toll facility’’ have the
3 meanings such terms would have if such terms were
4 included in chapter 1 of title 23, United States
5 Code.
6 Subtitle B—Programmatic
7 Infrastructure Investment
8 SEC. 1201. NATIONAL HIGHWAY PERFORMANCE PROGRAM.
9 Section 119 of title 23, United States Code, is
10 amended—
11 (1) by striking subsection (b) and inserting the
12 following:
13 ‘‘(b) PURPOSES.—The purposes of the national high-
14 way performance program shall be—
15 ‘‘(1) to provide support for the condition and
16 performance of the National Highway System, con-
17 sistent with the asset management plans of States;
18 ‘‘(2) to support progress toward the achieve-
19 ment of performance targets of States established
20 under section 150;
21 ‘‘(3) to increase the resilience of Federal-aid
22 highways and bridges; and
23 ‘‘(4) to provide support for the construction of
24 new facilities on the National Highway System, con-
25 sistent with subsection (d)(3).’’;
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1 (2) in subsection (d)—
2 (A) in paragraph (1)(A) by striking ‘‘or
3 freight movement on the National Highway
4 System’’ and inserting ‘‘freight movement, envi-
5 ronmental sustainability, transportation system
6 access, or combating climate change’’;
7 (B) in paragraph (1)(B) by striking ‘‘and’’
8 at the end;
9 (C) in paragraph (2)—
10 (i) in subparagraph (G)—
11 (I) in clause (i) by inserting
12 ‘‘and’’ at the end;
13 (II) in clause (ii) by striking ‘‘;
14 and’’ and inserting a period; and
15 (III) by striking clause (iii);
16 (ii) in subparagraph (I) by inserting
17 ‘‘, including the installation of safety bar-
18 riers and nets on bridges on the National
19 Highway System’’ after ‘‘National High-
20 way System’’; and
21 (iii) by adding at the end the fol-
22 lowing:
23 ‘‘(Q) Projects on or off the National High-
24 way System to reduce greenhouse gas emissions
25 that are eligible under section 171, including
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1 the installation of electric vehicle charging in-
2 frastructure.
3 ‘‘(R) Projects on or off the National High-
4 way System to enhance resilience of a transpor-
5 tation facility, including protective features.
6 ‘‘(S) Projects and strategies to reduce ve-
7 hicle-caused wildlife mortality related to, or to
8 restore and maintain connectivity among terres-
9 trial or aquatic habitats affected by, a transpor-
10 tation facility otherwise eligible for assistance
11 under this section.
12 ‘‘(T) Projects on or off the National High-
13 way System to improve an evacuation route eli-
14 gible under section 124(b)(1)(C).
15 ‘‘(U) Undergrounding public utilities in the
16 course of other infrastructure improvements eli-
17 gible under this section to mitigate the cost of
18 recurring damages from extreme weather
19 events, wildfire or other natural disasters.’’; and
20 (D) by adding at the end the following:
21 ‘‘(3) a project that is otherwise eligible under
22 this subsection to construct new capacity for single
23 occupancy passenger vehicles only if the State—
24 ‘‘(A) has demonstrated progress in achiev-
25 ing a state of good repair, as defined in the
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1 State’s asset management plan, on the National
2 Highway System;
3 ‘‘(B) demonstrates that the project—
4 ‘‘(i) supports the achievement of per-
5 formance targets of the State established
6 under section 150; and
7 ‘‘(ii) is more cost effective, as deter-
8 mined by benefit-cost analysis, than—
9 ‘‘(I) an operational improvement
10 to the facility or corridor;
11 ‘‘(II) the construction of a transit
12 project eligible for assistance under
13 chapter 53 of title 49; or
14 ‘‘(III) the construction of a non-
15 single occupancy passenger vehicle
16 project that improves freight move-
17 ment; and
18 ‘‘(C) has a public plan for maintaining and
19 operating the new asset while continuing its
20 progress in achieving a state of good repair
21 under subparagraph (A).’’;
22 (3) in subsection (e)—
23 (A) in the heading by inserting ‘‘ASSET
24 AND’’ after ‘‘STATE’’;
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1 (B) in paragraph (4)(D) by striking ‘‘anal-
2 ysis’’ and inserting ‘‘analyses, both of which
3 shall take into consideration climate change ad-
4 aptation and resilience;’’; and
5 (C) in paragraph (8) by striking ‘‘Not later
6 than 18 months after the date of enactment of
7 the MAP–21, the Secretary’’ and inserting
8 ‘‘The Secretary’’; and
9 (4) by adding at the end the following:
10 ‘‘(k) BENEFIT-COST ANALYSIS.—In carrying out
11 subsection (d)(3)(B)(ii), the Secretary shall establish a
12 process for analyzing the cost and benefits of projects
13 under such subsection, ensuring that—
14 ‘‘(1) the benefit-cost analysis includes a calcula-
15 tion of all the benefits addressed in the performance
16 measures established under section 150;
17 ‘‘(2) the benefit-cost analysis includes a consid-
18 eration of the total maintenance cost of an asset
19 over the lifecycle of the asset; and
20 ‘‘(3) the State demonstrates that any transpor-
21 tation demand modeling used to calculate the ben-
22 efit-cost analysis has a documented record of accu-
23 racy.’’.
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1 SEC. 1202. INCREASING THE RESILIENCE OF TRANSPOR-
2 TATION ASSETS.
3 (a) PREDISASTER MITIGATION PROGRAM.—
4 (1) IN GENERAL.—Chapter 1 of title 23, United
5 States Code, is amended by inserting after section
6 123 the following:
7 ‘‘§ 124. Predisaster mitigation program
8 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab-
9 lish and implement a predisaster mitigation program to
10 enhance the resilience of the transportation system of the
11 United States, mitigate the impacts of covered events, and
12 ensure the efficient use of Federal resources.
13 ‘‘(b) ELIGIBLE ACTIVITIES.—
14 ‘‘(1) IN GENERAL.—Subject to paragraph (2),
15 funds apportioned to the State under section
16 104(b)(8) may be obligated for construction activi-
17 ties, including construction of natural infrastructure
18 or protective features, and the development of such
19 projects and programs that help agencies to—
20 ‘‘(A) increase the resilience of a surface
21 transportation infrastructure asset to withstand
22 a covered event;
23 ‘‘(B) relocate or provide a reasonable alter-
24 native to a repeatedly damaged facility;
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1 ‘‘(C) for an evacuation route identified in
2 the vulnerability assessment required under sec-
3 tion 134(i)(2)(I)(iii) or section 135(f)(10)(C)—
4 ‘‘(i) improve the capacity or operation
5 of such evacuation route through—
6 ‘‘(I) communications and intel-
7 ligent transportation system equip-
8 ment and infrastructure;
9 ‘‘(II) counterflow measures; and
10 ‘‘(III) shoulders; and
11 ‘‘(ii) relocate such evacuation route or
12 provide a reasonable alternative to such
13 evacuation route to address the risk of a
14 covered event; and
15 ‘‘(D) recover from incidents that signifi-
16 cantly disrupt a regions transportation system
17 including—
18 ‘‘(i) predisaster training programs
19 that help agencies and regional stake-
20 holders plan for and prepare multimodal
21 recovery efforts; and
22 ‘‘(ii) the establishment of regional
23 wide telework training and programs.
24 ‘‘(2) INFRASTRUCTURE RESILIENCE AND ADAP-
25 TATION.—No funds shall be obligated to a project
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1 under this section unless the project meets each of
2 the following criteria:
3 ‘‘(A) The project is designed to ensure re-
4 silience over the anticipated service life of the
5 surface transportation infrastructure asset.
6 ‘‘(B) The project is identified in the metro-
7 politan or statewide transportation improve-
8 ment program as a project to address resilience
9 vulnerabilities, consistent with section
10 134(j)(3)(E) or 135(g)(5)(B)(iii).
11 ‘‘(C) For a project in a flood-prone area,
12 the project sponsor considers hydrologic and hy-
13 draulic data and methods that integrate current
14 and projected changes in flooding based on cli-
15 mate science over the anticipated service life of
16 the surface transportation infrastructure asset
17 and future forecasted land use changes.
18 ‘‘(3) PRIORITIZATION OF PROJECTS.—A State
19 shall develop a process to prioritize projects under
20 this section based on the degree to which the pro-
21 posed project would—
22 ‘‘(A) be cost effective;
23 ‘‘(B) reduce the risk of disruption to a sur-
24 face transportation infrastructure asset consid-
25 ered critical to support population centers,
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1 freight movement, economic activity, evacu-
2 ation, recovery, national security functions, or
3 critical infrastructure; and
4 ‘‘(C) ease disruptions to vulnerable, at-
5 risk, or transit-dependant populations.
6 ‘‘(c) GUIDANCE.—The Secretary shall provide guid-
7 ance to States to assist with the implementation of para-
8 graphs (2) and (3) of subsection (b).
9 ‘‘(d) DEFINITIONS.—In this section:
10 ‘‘(1) COVERED EVENT.—The term ‘covered
11 event’ means a climate change effect (including sea
12 level rise), an extreme event, seismic activity, or any
13 other natural disaster (including a wildfire or land-
14 slide).
15 ‘‘(2) SURFACE TRANSPORTATION INFRASTRUC-
16 TURE ASSET.—The term ‘surface transportation in-
17 frastructure asset’ means a facility eligible for as-
18 sistance under this title or chapter 53 of title 49.’’.
19 (2) CONFORMING AMENDMENT.—The analysis
20 for chapter 1 of title 23, United States Code, is
21 amended by inserting after the item relating to sec-
22 tion 123 the following:
‘‘124. Predisaster mitigation program.’’.
23 (b) METROPOLITAN TRANSPORTATION PLANNING.—
24 (1) AMENDMENTS TO TITLE 23.—
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1 (A) CLIMATE CHANGE AND RESILIENCE.—
2 Section 134(i)(2) of title 23, United States
3 Code, is amended by adding at the end the fol-
4 lowing:
5 ‘‘(I) CLIMATE CHANGE AND RESILIENCE.—
6 ‘‘(i) IN GENERAL.—The transpor-
7 tation planning process shall assess strate-
8 gies to reduce the climate change impacts
9 of the surface transportation system and
10 conduct a vulnerability assessment to iden-
11 tify opportunities to enhance the resilience
12 of the surface transportation system and
13 ensure the efficient use of Federal re-
14 sources.
15 ‘‘(ii) CLIMATE CHANGE MITIGATION
16 AND IMPACTS.—A long-range transpor-
17 tation plan shall—
18 ‘‘(I) identify investments and
19 strategies to reduce transportation-re-
20 lated sources of greenhouse gas emis-
21 sions per capita;
22 ‘‘(II) identify investments and
23 strategies to manage transportation
24 demand and increase the rates of pub-
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1 lic transportation ridership, walking,
2 bicycling, and carpools; and
3 ‘‘(III) recommend zoning and
4 other land use policies that would sup-
5 port infill, transit-oriented develop-
6 ment, and mixed use development.
7 ‘‘(iii) VULNERABILITY ASSESSMENT.—
8 A long-range transportation plan shall in-
9 corporate a vulnerability assessment that—
10 ‘‘(I) includes a risk-based assess-
11 ment of vulnerabilities of critical
12 transportation assets and systems to
13 covered events (as such term is de-
14 fined in section 124);
15 ‘‘(II) considers, as applicable, the
16 risk management analysis in the
17 State’s asset management plan devel-
18 oped pursuant to section 119, and the
19 State’s evaluation of reasonable alter-
20 natives to repeatedly damaged facili-
21 ties conducted under part 667 of title
22 23, Code of Federal Regulations;
23 ‘‘(III) identifies evacuation
24 routes, assesses the ability of any
25 such routes to provide safe passage
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1 for evacuation, access to health care
2 and public health facilities, and emer-
3 gency response during an emergency
4 event, and identifies any improve-
5 ments or redundant facilities nec-
6 essary to adequately facilitate safe
7 passage;
8 ‘‘(IV) describes the metropolitan
9 planning organization’s adaptation
10 and resilience improvement strategies
11 that will inform the transportation in-
12 vestment decisions of the metropolitan
13 planning organization; and
14 ‘‘(V) is consistent with and com-
15 plementary of the State and local
16 mitigation plans required under sec-
17 tion 322 of the Robert T. Stafford
18 Disaster Relief and Emergency Assist-
19 ance Act (42 U.S.C. 5165).
20 ‘‘(iv) CONSULTATION.—The assess-
21 ment described in this subparagraph shall
22 be developed in consultation with, as ap-
23 propriate, State, local, and Tribal officials
24 responsible for land use, housing, resil-
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1 ience, hazard mitigation, and emergency
2 management.’’.
3 (B) RESILIENCE PROJECTS.—Section
4 134(j)(3) of title 23, United States Code, is
5 amended by adding at the end the following:
6 ‘‘(E) RESILIENCE PROJECTS.—The TIP
7 shall—
8 ‘‘(i) identify projects that address the
9 vulnerabilities identified by the assessment
10 in subsection (i)(2)(I)(iii); and
11 ‘‘(ii) describe how each project identi-
12 fied under clause (i) would improve the re-
13 silience of the transportation system.’’.
14 (2) AMENDMENTS TO TITLE 49.—
15 (A) CLIMATE CHANGE AND RESILIENCE.—
16 Section 5303(i)(2) of title 49, United States
17 Code, is amended by adding at the end the fol-
18 lowing:
19 ‘‘(I) CLIMATE CHANGE AND RESILIENCE.—
20 ‘‘(i) IN GENERAL.—The transpor-
21 tation planning process shall assess strate-
22 gies to reduce the climate change impacts
23 of the surface transportation system and
24 conduct a vulnerability assessment to iden-
25 tify opportunities to enhance the resilience
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1 of the surface transportation system and
2 ensure the efficient use of Federal re-
3 sources.
4 ‘‘(ii) CLIMATE CHANGE MITIGATION
5 AND IMPACTS.—A long-range transpor-
6 tation plan shall—
7 ‘‘(I) identify investments and
8 strategies to reduce transportation-re-
9 lated sources of greenhouse gas emis-
10 sions per capita;
11 ‘‘(II) identify investments and
12 strategies to manage transportation
13 demand and increase the rates of pub-
14 lic transportation ridership, walking,
15 bicycling, and carpools; and
16 ‘‘(III) recommend zoning and
17 other land use policies that would sup-
18 port infill, transit-oriented develop-
19 ment, and mixed use development.
20 ‘‘(iii) VULNERABILITY ASSESSMENT.—
21 A long-range transportation plan shall in-
22 corporate a vulnerability assessment that—
23 ‘‘(I) includes a risk-based assess-
24 ment of vulnerabilities of critical
25 transportation assets and systems to
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1 covered events (as such term is de-
2 fined in section 124 of title 23);
3 ‘‘(II) considers, as applicable, the
4 risk management analysis in the
5 State’s asset management plan devel-
6 oped pursuant to section 119 of title
7 23, and the State’s evaluation of rea-
8 sonable alternatives to repeatedly
9 damaged facilities conducted under
10 part 667 of title 23, Code of Federal
11 Regulations;
12 ‘‘(III) identifies evacuation
13 routes, assesses the ability of any
14 such routes to provide safe passage
15 for evacuation, access to health care
16 and public health facilities, and emer-
17 gency response during an emergency
18 event, and identifies any improve-
19 ments or redundant facilities nec-
20 essary to adequately facilitate safe
21 passage;
22 ‘‘(IV) describes the metropolitan
23 planning organization’s adaptation
24 and resilience improvement strategies
25 that will inform the transportation in-
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1 vestment decisions of the metropolitan
2 planning organization; and
3 ‘‘(V) is consistent with and com-
4 plementary of the State and local
5 mitigation plans required under sec-
6 tion 322 of the Robert T. Stafford
7 Disaster Relief and Emergency Assist-
8 ance Act (42 U.S.C. 5165).
9 ‘‘(iv) CONSULTATION.—The assess-
10 ment described in this subparagraph shall
11 be developed in consultation, as appro-
12 priate, with State, local, and Tribal offi-
13 cials responsible for land use, housing, re-
14 silience, hazard mitigation, and emergency
15 management.’’.
16 (B) RESILIENCE PROJECTS.—Section
17 5303(j)(3) of title 49, United States Code, is
18 amended by adding at the end the following:
19 ‘‘(E) RESILIENCE PROJECTS.—The TIP
20 shall—
21 ‘‘(i) identify projects that address the
22 vulnerabilities identified by the assessment
23 in subsection (i)(2)(I)(iii); and
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1 ‘‘(ii) describe how each project identi-
2 fied under clause (i) would improve the re-
3 silience of the transportation system.’’.
4 (c) STATEWIDE AND NONMETROPOLITAN PLAN-
5 NING.—
6 (1) AMENDMENTS TO TITLE 23.—
7 (A) CLIMATE CHANGE AND RESILIENCE.—
8 Section 135(f) of title 23, United States Code,
9 is amended by adding at the end the following:
10 ‘‘(10) CLIMATE CHANGE AND RESILIENCE.—
11 ‘‘(A) IN GENERAL.—The transportation
12 planning process shall assess strategies to re-
13 duce the climate change impacts of the surface
14 transportation system and conduct a vulner-
15 ability assessment to identify opportunities to
16 enhance the resilience of the surface transpor-
17 tation system and ensure the efficient use of
18 Federal resources.
19 ‘‘(B) CLIMATE CHANGE MITIGATION AND
20 IMPACTS.—A long-range transportation plan
21 shall—
22 ‘‘(i) identify investments and strate-
23 gies to reduce transportation-related
24 sources of greenhouse gas emissions per
25 capita;
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1 ‘‘(ii) identify investments and strate-
2 gies to manage transportation demand and
3 increase the rates of public transportation
4 ridership, walking, bicycling, and carpools;
5 and
6 ‘‘(iii) recommend zoning and other
7 land use policies that would support infill,
8 transit-oriented development, and mixed
9 use development.
10 ‘‘(C) VULNERABILITY ASSESSMENT.—A
11 long-range transportation plan shall incorporate
12 a vulnerability assessment that—
13 ‘‘(i) includes a risk-based assessment
14 of vulnerabilities of critical transportation
15 assets and systems to covered events (as
16 such term is defined in section 124);
17 ‘‘(ii) considers, as applicable, the risk
18 management analysis in the State’s asset
19 management plan developed pursuant to
20 section 119, and the State’s evaluation of
21 reasonable alternatives to repeatedly dam-
22 aged facilities conducted under part 667 of
23 title 23, Code of Federal Regulations;
24 ‘‘(iii) identifies evacuation routes, as-
25 sesses the ability of any such routes to pro-
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1 vide safe passage for evacuation, access to
2 health care and public health facilities, and
3 emergency response during an emergency
4 event, and identifies any improvements or
5 redundant facilities necessary to ade-
6 quately facilitate safe passage;
7 ‘‘(iv) describes the States’s adaptation
8 and resilience improvement strategies that
9 will inform the transportation investment
10 decisions of the State; and
11 ‘‘(v) is consistent with and com-
12 plementary of the State and local mitiga-
13 tion plans required under section 322 of
14 the Robert T. Stafford Disaster Relief and
15 Emergency Assistance Act (42 U.S.C.
16 5165).
17 ‘‘(D) CONSULTATION.—The assessment
18 described in this subparagraph shall be devel-
19 oped in consultation with, as appropriate, State,
20 local, and Tribal officials responsible for land
21 use, housing, resilience, hazard mitigation, and
22 emergency management.’’.
23 (B) RESILIENCE PROJECTS.—Section
24 135(g)(5)(B) of title 23, United States Code, is
25 amended by adding at the end the following:
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1 ‘‘(iii) RESILIENCE PROJECTS.—The
2 STIP shall—
3 ‘‘(I) identify projects that ad-
4 dress the vulnerabilities identified by
5 the assessment in subsection
6 (i)(10)(B); and
7 ‘‘(II) describe how each project
8 identified under subclause (I) would
9 improve the resilience of the transpor-
10 tation system.’’.
11 (2) AMENDMENTS TO TITLE 49.—
12 (A) CLIMATE CHANGE AND RESILIENCE.—
13 Section 5304(f) of title 49, United States Code,
14 is amended by adding at the end the following:
15 ‘‘(10) CLIMATE CHANGE AND RESILIENCE.—
16 ‘‘(A) IN GENERAL.—The transportation
17 planning process shall assess strategies to re-
18 duce the climate change impacts of the surface
19 transportation system and conduct a vulner-
20 ability assessment to identify opportunities to
21 enhance the resilience of the surface transpor-
22 tation system and ensure the efficient use of
23 Federal resources.
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1 ‘‘(B) CLIMATE CHANGE MITIGATION AND
2 IMPACTS.—A long-range transportation plan
3 shall—
4 ‘‘(i) identify investments and strate-
5 gies to reduce transportation-related
6 sources of greenhouse gas emissions per
7 capita;
8 ‘‘(ii) identify investments and strate-
9 gies to manage transportation demand and
10 increase the rates of public transportation
11 ridership, walking, bicycling, and carpools;
12 and
13 ‘‘(iii) recommend zoning and other
14 land use policies that would support infill,
15 transit-oriented development, and mixed
16 use development.
17 ‘‘(C) VULNERABILITY ASSESSMENT.—A
18 long-range transportation plan shall incorporate
19 a vulnerability assessment that—
20 ‘‘(i) includes a risk-based assessment
21 of vulnerabilities of critical transportation
22 assets and systems to covered events (as
23 such term is defined in section 124 of title
24 23);
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1 ‘‘(ii) considers, as applicable, the risk
2 management analysis in the State’s asset
3 management plan developed pursuant to
4 section 119 of title 23, and the State’s
5 evaluation of reasonable alternatives to re-
6 peatedly damaged facilities conducted
7 under part 667 of title 23, Code of Federal
8 Regulations;
9 ‘‘(iii) identifies evacuation routes, as-
10 sesses the ability of any such routes to pro-
11 vide safe passage for evacuation, access to
12 health care and public health facilities, and
13 emergency response during an emergency
14 event, and identifies any improvements or
15 redundant facilities necessary to ade-
16 quately facilitate safe passage;
17 ‘‘(iv) describes the State’s adaptation
18 and resilience improvement strategies that
19 will inform the transportation investment
20 decisions of the State; and
21 ‘‘(v) is consistent with and com-
22 plementary of the State and local mitiga-
23 tion plans required under section 322 of
24 the Robert T. Stafford Disaster Relief and
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1 Emergency Assistance Act (42 U.S.C.
2 5165).
3 ‘‘(D) CONSULTATION.—The assessment
4 described in this subparagraph shall be devel-
5 oped in consultation with, as appropriate, State,
6 local, and Tribal officials responsible for land
7 use, housing, resilience, hazard mitigation, and
8 emergency management.’’.
9 (B) RESILIENCE PROJECTS.—Section
10 5304(g)(5)(B) of title 49, United States Code,
11 is amended by adding at the end the following:
12 ‘‘(iii) RESILIENCE PROJECTS.—The
13 STIP shall—
14 ‘‘(I) identify projects that ad-
15 dress the vulnerabilities identified by
16 the assessment in subsection
17 (i)(10)(B); and
18 ‘‘(II) describe how each project
19 identified under subclause (I) would
20 improve the resilience of the transpor-
21 tation system.’’.
22 SEC. 1203. EMERGENCY RELIEF.
23 (a) IN GENERAL.—Section 125 of title 23, United
24 States Code, is amended—
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1 (1) in subsection (a)(1) by inserting ‘‘wildfire,’’
2 after ‘‘severe storm,’’;
3 (2) by striking subsection (b);
4 (3) in subsection (c)(2)(A) by striking ‘‘in any
5 1 fiscal year commencing after September 30,
6 1980,’’ and inserting ‘‘in any fiscal year’’;
7 (4) in subsection (d)—
8 (A) in paragraph (3)(C) by striking ‘‘sub-
9 section (e)(1)’’ and inserting ‘‘subsection (g)’’;
10 (B) by redesignating paragraph (3) as
11 paragraph (4); and
12 (C) by striking paragraphs (1) and (2) and
13 inserting the following:
14 ‘‘(1) IN GENERAL.—The Secretary may expend
15 funds from the emergency fund authorized by this
16 section only for the repair or reconstruction of high-
17 ways on Federal-aid highways in accordance with
18 this chapter.
19 ‘‘(2) RESTRICTIONS.—
20 ‘‘(A) IN GENERAL.—No funds shall be ex-
21 pended from the emergency fund authorized by
22 this section unless—
23 ‘‘(i) an emergency has been declared
24 by the Governor of the State with concur-
25 rence by the Secretary, unless the Presi-
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1 dent has declared the emergency to be a
2 major disaster for the purposes of the Rob-
3 ert T. Stafford Disaster Relief and Emer-
4 gency Assistance Act (42 U.S.C. 5121 et
5 seq.) for which concurrence of the Sec-
6 retary is not required; and
7 ‘‘(ii) the Secretary has received an ap-
8 plication from the State transportation de-
9 partment that includes a comprehensive
10 list of all eligible project sites and repair
11 costs by not later than 2 years after the
12 natural disaster or catastrophic failure.
13 ‘‘(B) COST LIMITATION.—The total cost of
14 a project funded under this section may not ex-
15 ceed the cost of repair or reconstruction of a
16 comparable facility unless the Secretary deter-
17 mines that the project incorporates economi-
18 cally justified betterments, including protective
19 features to increase the resilience of the facility.
20 ‘‘(3) SPECIAL RULE FOR BRIDGE PROJECTS.—
21 In no case shall funds be used under this section for
22 the repair or reconstruction of a bridge—
23 ‘‘(A) that has been permanently closed to
24 all vehicular traffic by the State or responsible
25 local official because of imminent danger of col-
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1 lapse due to a structural deficiency or physical
2 deterioration; or
3 ‘‘(B) if a construction phase of a replace-
4 ment structure is included in the approved
5 statewide transportation improvement program
6 at the time of an event described in subsection
7 (a).’’;
8 (5) in subsection (e)—
9 (A) by striking paragraph (1);
10 (B) in paragraph (2) by striking ‘‘sub-
11 section (d)(1)’’ and inserting ‘‘subsection
12 (c)(1)’’; and
13 (C) by redesignating paragraphs (2) and
14 (3), as amended, as paragraphs (1) and (2), re-
15 spectively;
16 (6) by redesignating subsections (c) through
17 (g), as amended, as subsections (b) through (f), re-
18 spectively; and
19 (7) by adding at the end the following:
20 ‘‘(g) IMPOSITION OF DEADLINE.—
21 ‘‘(1) IN GENERAL.—Notwithstanding any other
22 provision of law, the Secretary may not require any
23 project funded under this section to advance to the
24 construction obligation stage before the date that is
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1 the last day of the sixth fiscal year after the later
2 of—
3 ‘‘(A) the date on which the Governor de-
4 clared the emergency, as described in subsection
5 (d)(2)(A)(i); or
6 ‘‘(B) the date on which the President de-
7 clared the emergency to be a major disaster, as
8 described in such subsection.
9 ‘‘(2) EXTENSION OF DEADLINE.—If the Sec-
10 retary imposes a deadline for advancement to the
11 construction obligation stage pursuant to paragraph
12 (1), the Secretary may, upon the request of the Gov-
13 ernor of the State, issue an extension of not more
14 than 1 year to complete such advancement, and may
15 issue additional extensions after the expiration of
16 any extension, if the Secretary determines the Gov-
17 ernor of the State has provided suitable justification
18 to warrant such an extension.
19 ‘‘(h) HAZARD MITIGATION PILOT PROGRAM.—
20 ‘‘(1) IN GENERAL.—The Secretary shall estab-
21 lish a hazard mitigation pilot program for the pur-
22 pose of mitigating future hazards posed to Federal-
23 aid highways.
24 ‘‘(2) DISTRIBUTION OF FUNDS.—
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1 ‘‘(A) AUTHORIZATION OF APPROPRIA-
2 TIONS.—There is authorized to be appropriated
3 such sums as may be necessary for the pilot
4 program established under this subsection.
5 ‘‘(B) CALCULATION.—Every 6 months, the
6 Secretary shall calculate the total amount of
7 outstanding eligible repair costs under the
8 emergency relief program under this section, in-
9 cluding the emergency relief backlog, for each
10 State, territory, Tribal government, or other eli-
11 gible entity.
12 ‘‘(C) DISTRIBUTION.—Any amounts made
13 available under this subsection shall be distrib-
14 uted to each State, territory, Tribal govern-
15 ment, or other eligible entity based on—
16 ‘‘(i) the ratio of the total amount of
17 outstanding eligible repair costs as de-
18 scribed under subparagraph (B); bears to
19 ‘‘(ii) the total amounts appropriated
20 for the purposes described in this sub-
21 section.
22 ‘‘(D) LIMITATION.—The distribution de-
23 scribed under subparagraph (C) shall not ex-
24 ceed 5 percent of the amount described in sub-
25 paragraph (B).
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1 ‘‘(3) ELIGIBLE ACTIVITIES.—Amounts made
2 available under this subsection shall be used for pro-
3 tective features or other hazard mitigation activities
4 that—
5 ‘‘(A) the Secretary determines are cost ef-
6 fective and that reduce the risk of, or increase
7 the resilience to, future damage to existing as-
8 sets as a result of natural disasters; and
9 ‘‘(B) are eligible under section 124.
10 ‘‘(4) REPORT.—The Secretary shall submit to
11 the Committee on Transportation and Infrastructure
12 of the House of Representatives and the Committee
13 on Environment and Public Works of the Senate an
14 annual report detailing—
15 ‘‘(A) a description of the activities carried
16 out under the pilot program;
17 ‘‘(B) an evaluation of the effectiveness of
18 the pilot program in meeting purposes descried
19 in paragraph (1);
20 ‘‘(C) policy recommendations to improve
21 the effectiveness of the pilot program.
22 ‘‘(5) SUNSET.—The authority provided under
23 this subsection shall terminate on October 1, 2025.
24 ‘‘(i) IMPROVING THE EMERGENCY RELIEF PRO-
25 GRAM.—Not later than 90 days after the date of enact-
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1 ment of the INVEST in America Act, the Secretary
2 shall—
3 ‘‘(1) revise the emergency relief manual of the
4 Federal Highway Administration—
5 ‘‘(A) to include and reflect the definition of
6 the term ‘resilience’ (as defined in section
7 101(a));
8 ‘‘(B) to identify procedures that States
9 may use to incorporate resilience into emer-
10 gency relief projects; and
11 ‘‘(C) to encourage the use of context sen-
12 sitive design principles and consideration of ac-
13 cess for moderate- and low-income families im-
14 pacted by a declared disaster;
15 ‘‘(2) develop best practices for improving the
16 use of resilience in—
17 ‘‘(A) the emergency relief program under
18 section 125; and
19 ‘‘(B) emergency relief efforts;
20 ‘‘(3) provide to division offices of the Federal
21 Highway Administration and State departments of
22 transportation information on the best practices de-
23 veloped under paragraph (2); and
24 ‘‘(4) develop and implement a process to
25 track—
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1 ‘‘(A) the consideration of resilience as part
2 of the emergency relief program under section
3 125; and
4 ‘‘(B) the costs of emergency relief projects.
5 ‘‘(j) DEFINITIONS.—In this section:
6 ‘‘(1) COMPARABLE FACILITY.—The term ‘com-
7 parable facility’ means a facility that meets the cur-
8 rent geometric and construction standards required
9 for the types and volume of traffic that the facility
10 will carry over its design life.
11 ‘‘(2) CONSTRUCTION PHASE.—The term ‘con-
12 struction phase’ means the phase of physical con-
13 struction of a highway or bridge facility that is sepa-
14 rate from any other identified phases, such as plan-
15 ning, design, or right-of-way phases, in the State
16 transportation improvement program.
17 ‘‘(3) OPEN TO PUBLIC TRAVEL.—The term
18 ‘open to public travel’ means with respect to a road,
19 that, except during scheduled periods, extreme
20 weather conditions, or emergencies, the road—
21 ‘‘(A) is maintained;
22 ‘‘(B) is open to the general public; and
23 ‘‘(C) can accommodate travel by a stand-
24 ard passenger vehicle, without restrictive gates
25 or prohibitive signs or regulations, other than
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1 for general traffic control or restrictions based
2 on size, weight, or class of registration.
3 ‘‘(4) STANDARD PASSENGER VEHICLE.—The
4 term ‘standard passenger vehicle’ means a vehicle
5 with 6 inches of clearance from the lowest point of
6 the frame, body, suspension, or differential to the
7 ground.’’.
8 (b) CONFORMING AMENDMENTS.—
9 (1) FEDERAL LANDS AND TRIBAL TRANSPOR-
10 TATION PROGRAMS.—Section 201(c)(8)(A) of title
11 23, United States Code, is amended by striking
12 ‘‘section 125(e)’’ and inserting ‘‘section 125(g)’’.
13 (2) TRIBAL TRANSPORTATION PROGRAM.—Sec-
14 tion 202(b)(6)(A) of title 23, United States Code, is
15 amended by striking ‘‘section 125(e)’’ and inserting
16 ‘‘section 125(d)’’.
17 (c) REPEAL.—Section 668.105(h) of title 23, Code
18 of Federal Regulations, is repealed.
19 SEC. 1204. RAILWAY CROSSINGS.
20 (a) IN GENERAL.—Section 130 of title 23, United
21 States Code, is amended—
22 (1) in the section heading by striking ‘‘Rail-
23 way-highway crossings’’ and inserting ‘‘Rail-
24 way crossings’’;
25 (2) in subsection (a)—
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1 (A) by striking ‘‘Subject to section 120
2 and subsection (b) of this section, the entire’’
3 and inserting ‘‘IN GENERAL.—The’’;
4 (B) by striking ‘‘then the entire’’ and in-
5 serting ‘‘the’’; and
6 (C) by striking ‘‘, subject to section 120
7 and subsection (b) of this section,’’;
8 (3) by amending subsection (b) to read as fol-
9 lows:
10 ‘‘(b) CLASSIFICATION.—
11 ‘‘(1) IN GENERAL.—The construction of
12 projects for the elimination of hazards at railway
13 crossings represents a benefit to the railroad. The
14 Secretary shall classify the various types of projects
15 involved in the elimination of hazards of railway-
16 highway crossings, and shall set for each such classi-
17 fication a percentage of the total project cost that
18 represent the benefit to the railroad or railroads for
19 the purpose of determining the railroad’s share of
20 the total project cost. The Secretary shall determine
21 the appropriate classification of each project.
22 ‘‘(2) NONCASH CONTRIBUTIONS.—
23 ‘‘(A) IN GENERAL.—Not more than 5 per-
24 cent of the cost share described in paragraph
25 (1) may be attributable to noncash contribu-
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1 tions of materials and labor furnished by the
2 railroad in connection with the construction of
3 such project.
4 ‘‘(B) REQUIREMENT.—The requirements
5 under section 200.306 and 200.403(g) of title
6 2, Code of Federal Regulations (or successor
7 regulations), shall apply to any noncash con-
8 tributions under this subsection.
9 ‘‘(3) TOTAL PROJECT COST.—For the purposes
10 of this subsection, the determination of the rail-
11 road’s share of the total project cost shall include
12 environment, design, right-of-way, utility accommo-
13 dation, and construction phases of the project.’’;
14 (4) in subsection (c)—
15 (A) by striking ‘‘Any railroad involved’’
16 and inserting ‘‘BENEFIT.—Any railroad in-
17 volved’’;
18 (B) by striking ‘‘the net benefit’’ and in-
19 serting ‘‘the cost associated with the benefit’’;
20 and
21 (C) by striking ‘‘Such payment may con-
22 sist in whole or in part of materials and labor
23 furnished by the railroad in connection with the
24 construction of such project.’’;
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1 (5) by striking subsection (e) and inserting the
2 following:
3 ‘‘(e) RAILWAY CROSSINGS.—
4 ‘‘(1) ELIGIBLE ACTIVITIES.—Funds appor-
5 tioned to a State under section 104(b)(7) may be ob-
6 ligated for the following:
7 ‘‘(A) The elimination of hazards at rail-
8 way-highway crossings, including technology or
9 protective upgrades.
10 ‘‘(B) Construction or installation of protec-
11 tive devices (including replacement of function-
12 ally obsolete protective devices) at railway-high-
13 way crossings.
14 ‘‘(C) Infrastructure and noninfrastructure
15 projects and strategies to prevent or reduce sui-
16 cide or trespasser fatalities and injuries along
17 railroad rights-of-way and at or near railway-
18 highway crossings.
19 ‘‘(D) Projects to mitigate any degradation
20 in the level of access from a highway-grade
21 crossing closure.
22 ‘‘(E) Bicycle and pedestrian railway grade
23 crossing improvements, including underpasses
24 and overpasses.
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1 ‘‘(F) Projects eligible under section
2 22907(c)(5) of title 49, provided that amounts
3 obligated under this subparagraph—
4 ‘‘(i) shall be administered by the Sec-
5 retary in accordance with such section as
6 if such amounts were made available to
7 carry out such section; and
8 ‘‘(ii) may be used to pay up to 90 per-
9 cent of the non-Federal share of the cost
10 of a project carried out under such section.
11 ‘‘(2) SPECIAL RULE.—If a State demonstrates
12 to the satisfaction of the Secretary that the State
13 has met all its needs for installation of protective de-
14 vices at railway-highway crossings, the State may
15 use funds made available by this section for other
16 highway safety improvement program purposes.’’;
17 (6) by striking subsection (f) and inserting the
18 following:
19 ‘‘(f) FEDERAL SHARE.—Notwithstanding section
20 120, the Federal share payable on account of any project
21 financed with funds made available to carry out subsection
22 (e) shall be up to 90 percent of the cost thereof.’’;
23 (7) by striking subsection (g) and inserting the
24 following:
25 ‘‘(g) REPORT.—
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1 ‘‘(1) STATE REPORT.—
2 ‘‘(A) IN GENERAL.—Not later than 2 years
3 after the date of enactment of the INVEST in
4 America Act, and at least biennially thereafter,
5 each State shall submit to the Secretary a re-
6 port on the progress being made to implement
7 the railway crossings program authorized by
8 this section and the effectiveness of such im-
9 provements.
10 ‘‘(B) CONTENTS.—Each State report
11 under subparagraph (A) shall contain an as-
12 sessment of the costs of the various treatments
13 employed and subsequent accident experience at
14 improved locations.
15 ‘‘(2) DEPARTMENTAL REPORT.—
16 ‘‘(A) IN GENERAL.—Not later than 180
17 days after the deadline for the submission of a
18 report under paragraph (1)(A), the Secretary
19 shall publish on the website of the Department
20 of Transportation a report on the progress
21 being made by the State in implementing
22 projects to improve railway-highway crossings.
23 ‘‘(B) CONTENTS.—The report under sub-
24 paragraph (A) shall include—
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1 ‘‘(i) the number of projects under-
2 taken;
3 ‘‘(ii) distribution of such projects by
4 cost range, road system, nature of treat-
5 ment, and subsequent accident experience
6 at improved locations;
7 ‘‘(iii) an analysis and evaluation of
8 each State program;
9 ‘‘(iv) the identification of any State
10 found not to be in compliance with the
11 schedule of improvements required by sub-
12 section (d); and
13 ‘‘(v) recommendations for future im-
14 plementation of the railway crossings pro-
15 gram.’’;
16 (8) in subsection (j)—
17 (A) in the heading by inserting ‘‘AND PE-
18 DESTRIAN’’ after ‘‘BICYCLE’’; and
19 (B) by inserting ‘‘and pedestrian’’ after
20 ‘‘bicycle’’; and
21 (9) in subsection (l)—
22 (A) in paragraph (1) by striking ‘‘Not
23 later than’’ and all that follows through ‘‘each
24 State’’ and inserting ‘‘Not later than 6 months
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1 after a new railway crossing becomes oper-
2 ational, each State’’; and
3 (B) in paragraph (2) by striking ‘‘On a
4 periodic’’ and all that follows through ‘‘every
5 year thereafter’’ and inserting ‘‘On or before
6 September 30 of each year’’.
7 (b) CLERICAL AMENDMENT.—The analysis for chap-
8 ter 1 of title 23, United States Code, is amended by
9 amending the item relating to section 130 to read as fol-
10 lows:
‘‘130. Railway crossings.’’.
11 (c) GAO STUDY.—Not later than 2 years after the
12 date of enactment of this Act, the Comptroller General
13 of the United States shall submit to Congress a report
14 that includes an analysis of the effectiveness of the railway
15 crossing program under section 130 of title 23, United
16 States Code.
17 (d) SENSE OF CONGRESS RELATING TO TRESPASSER
18 DEATHS ALONG RAILROAD RIGHTS-OF-WAY.—It is the
19 sense of Congress that the Department of Transportation
20 should, where feasible, coordinate departmental efforts to
21 prevent or reduce trespasser deaths along railroad rights-
22 of-way and at or near railway-highway crossings.
23 SEC. 1205. SURFACE TRANSPORTATION PROGRAM.
24 (a) IN GENERAL.—Section 133 of title 23, United
25 States Code, is amended—
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1 (1) in the heading by striking ‘‘block grant’’;
2 (2) in subsection (a) by striking ‘‘block grant’’;
3 (3) in subsection (b)—
4 (A) by striking ‘‘block grant’’;
5 (B) in paragraph (4) by striking ‘‘railway-
6 highway grade crossings’’ and inserting
7 ‘‘projects eligible under section 130 and instal-
8 lation of safety barriers and nets on bridges’’;
9 (C) in paragraph (6)—
10 (i) by striking ‘‘Recreational’’ and in-
11 serting ‘‘Transportation alternatives
12 projects eligible under subsection (h), rec-
13 reational’’; and
14 (ii) by striking ‘‘1404 of SAFETEA–
15 LU (23 U.S.C. 402 note)’’ and inserting
16 ‘‘211’’; and
17 (D) by adding at the end the following:
18 ‘‘(16) Protective features (including natural in-
19 frastructure and vegetation control and clearance) to
20 enhance the resilience of a transportation facility
21 otherwise eligible for assistance under this section.
22 ‘‘(17) Projects to reduce greenhouse gas emis-
23 sions eligible under section 171, including the instal-
24 lation of electric vehicle charging infrastructure.
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1 ‘‘(18) Projects and strategies to reduce vehicle-
2 caused wildlife mortality related to, or to restore and
3 maintain connectivity among terrestrial or aquatic
4 habitats affected by, a transportation facility other-
5 wise eligible for assistance under this section.
6 ‘‘(19) A surface transportation project carried
7 out in accordance with the national travel and tour-
8 ism infrastructure strategic plan under section
9 1431(e) of the FAST Act (49 U.S.C. 301 note).
10 ‘‘(20) roads in rural areas that primarily serve
11 to transport agricultural products from a farm or
12 ranch to a marketplace.’’;
13 (4) in subsection (c)—
14 (A) by striking ‘‘block grant’’ and inserting
15 ‘‘program’’;
16 (B) by striking paragraph (3) and insert-
17 ing the following:
18 ‘‘(3) for a project described in—
19 ‘‘(A) subsection (h); or
20 ‘‘(B) section 101(a)(29), as in effect on
21 the day before the date of enactment of the
22 FAST Act;’’;
23 (C) by redesignating paragraph (4) as
24 paragraph (5); and
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1 (D) by inserting after paragraph (3) the
2 following:
3 ‘‘(4) for a project described in section 5308 of
4 title 49; and’’;
5 (5) in subsection (d)—
6 (A) in paragraph (1)—
7 (i) by inserting ‘‘each fiscal year’’
8 after ‘‘apportioned to a State’’;
9 (ii) by striking ‘‘the reservation of’’
10 and inserting ‘‘setting aside’’; and
11 (iii) in subparagraph (A)—
12 (I) by striking ‘‘the percentage
13 specified in paragraph (6) for a fiscal
14 year’’ and inserting ‘‘57 percent for
15 fiscal year 2022, 58 percent for fiscal
16 year 2023, 59 percent for fiscal year
17 2024, and 60 percent for fiscal year
18 2025’’;
19 (II) in clause (i) by striking ‘‘of
20 over’’ and inserting ‘‘greater than’’;
21 and
22 (III) by striking clauses (ii) and
23 (iii) and inserting the following:
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1 ‘‘(ii) in urbanized areas of the State
2 with an urbanized area population greater
3 than 49,999 and less than 200,001;
4 ‘‘(iii) in urban areas of the State with
5 a population greater than 4,999 and less
6 than 50,000; and
7 ‘‘(iv) in other areas of the State with
8 a population less than 5,000; and’’;
9 (B) by striking paragraph (3) and insert-
10 ing the following:
11 ‘‘(3) LOCAL COORDINATION AND CONSULTA-
12 TION.—
13 ‘‘(A) COORDINATION WITH METROPOLITAN
14 PLANNING ORGANIZATIONS.—For purposes of
15 paragraph (1)(A)(ii), a State shall—
16 ‘‘(i) establish a process to coordinate
17 with all metropolitan planning organiza-
18 tions in the State that represent an urban-
19 ized area described in such paragraph; and
20 ‘‘(ii) describe how funds described
21 under paragraph (1)(A)(ii) will be allo-
22 cated equitably among such urbanized
23 areas during the period of fiscal years
24 2022 through 2025.
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1 ‘‘(B) JOINT RESPONSIBILITY.—Each State
2 and the Secretary shall jointly ensure compli-
3 ance with subparagraph (A).
4 ‘‘(C) CONSULTATION WITH REGIONAL
5 TRANSPORTATION PLANNING ORGANIZA-
6 TIONS.—For purposes of clauses (iii) and (iv)
7 of paragraph (1)(A), before obligating funding
8 attributed to an area with a population less
9 than 50,000, a State shall consult with the re-
10 gional transportation planning organizations
11 that represent the area, if any.’’;
12 (C) in the heading for paragraph (4) by
13 striking ‘‘OVER 200,000’’ and inserting ‘‘GREAT-
14 ER THAN 200,000’’;
15 (D) by striking paragraph (6) and insert-
16 ing the following:
17 ‘‘(6) TECHNICAL ASSISTANCE.—
18 ‘‘(A) IN GENERAL.—The State and all
19 metropolitan planning organizations in the
20 State that represent an urbanized area with a
21 population of greater than 200,000 shall jointly
22 establish a program to improve the ability of
23 applicants to deliver projects under this sub-
24 section in an efficient and expeditious manner
25 and reduce the period of time between the selec-
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1 tion of the project and the obligation of funds
2 for the project by providing—
3 ‘‘(i) technical assistance and training
4 to applicants for projects under this sub-
5 section; and
6 ‘‘(ii) funding for one or more full-time
7 State employee positions to administer this
8 subsection.
9 ‘‘(B) ELIGIBLE FUNDS.—To carry out this
10 paragraph—
11 ‘‘(i) a State shall set aside an amount
12 equal to 1 percent of the funds available
13 under paragraph (1)(A)(i); and
14 ‘‘(ii) at the request of an eligible met-
15 ropolitan planning organization, the State
16 and metropolitan planning organization
17 may jointly agree to use additional funds
18 available under paragraph (1)(A)(i).
19 ‘‘(C) USE OF FUNDS.—Amounts used
20 under this paragraph may be expended—
21 ‘‘(i) directly by the State; or
22 ‘‘(ii) through contracts with State
23 agencies, private entities, or nonprofit or-
24 ganizations.’’;
25 (6) in subsection (e)(1)—
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1 (A) by striking ‘‘over 200,000’’ and insert-
2 ing ‘‘greater than 200,000’’; and
3 (B) by striking ‘‘2016 through 2020’’ and
4 inserting ‘‘2022 through 2025’’;
5 (7) by striking subsection (f) and inserting the
6 following:
7 ‘‘(f) BRIDGES NOT ON FEDERAL-AID HIGHWAYS.—
8 ‘‘(1) DEFINITION OF OFF-SYSTEM BRIDGE.—In
9 this subsection, the term ‘off-system bridge’ means
10 a bridge located on a public road, other than a
11 bridge on a Federal-aid highway.
12 ‘‘(2) SPECIAL RULE.—
13 ‘‘(A) SET ASIDE.—Of the amounts appor-
14 tioned to a State for each fiscal year under this
15 section other than the amounts described in
16 subparagraph (C), the State shall obligate for
17 activities described in subsection (b)(2) (as in
18 effect on the day before the date of enactment
19 of the FAST Act) for off-system bridges an
20 amount that is not less than 20 percent of the
21 amounts available to such State under this sec-
22 tion in fiscal year 2020, not including the
23 amounts described in subparagraph (C).
24 ‘‘(B) REDUCTION OF EXPENDITURES.—
25 The Secretary, after consultation with State
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1 and local officials, may reduce the requirement
2 for expenditures for off-system bridges under
3 subparagraph (A) with respect to the State if
4 the Secretary determines that the State has in-
5 adequate needs to justify the expenditure.
6 ‘‘(C) LIMITATIONS.—The following
7 amounts shall not be used for the purposes of
8 meeting the requirements of subparagraph (A):
9 ‘‘(i) Amounts described in section
10 133(d)(1)(A).
11 ‘‘(ii) Amounts set aside under section
12 133(h).
13 ‘‘(iii) Amounts described in section
14 505(a).
15 ‘‘(3) CREDIT FOR BRIDGES NOT ON FEDERAL-
16 AID HIGHWAYS.—Notwithstanding any other provi-
17 sion of law, with respect to any project not on a
18 Federal-aid highway for the replacement of a bridge
19 or rehabilitation of a bridge that is wholly funded
20 from State and local sources, is eligible for Federal
21 funds under this section, is certified by the State to
22 have been carried out in accordance with all stand-
23 ards applicable to such projects under this section,
24 and is determined by the Secretary upon completion
25 to be no longer a deficient bridge—
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1 ‘‘(A) any amount expended after the date
2 of enactment of this subsection from State and
3 local sources for the project in excess of 20 per-
4 cent of the cost of construction of the project
5 may be credited to the non-Federal share of the
6 cost of other bridge projects in the State that
7 are eligible for Federal funds under this sec-
8 tion; and
9 ‘‘(B) that crediting shall be conducted in
10 accordance with procedures established by the
11 Secretary.’’; and
12 (8) in subsection (g)—
13 (A) in the heading by striking ‘‘5,000’’ and
14 inserting ‘‘50,000’’; and
15 (B) in paragraph (1), by striking sub-
16 section (d)(1)(A)(ii) and all that follows
17 through the period at the end and inserting
18 ‘‘clauses (iii) and (iv) of subsection (d)(1)(A)
19 for each fiscal year may be obligated on roads
20 functionally classified as rural minor collectors
21 or local roads or on critical rural freight cor-
22 ridors designated under section 167(e).’’.
23 (b) CLERICAL AMENDMENT.—The analysis for chap-
24 ter 1 of title 23, United States Code, is amended by strik-
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1 ing the item relating to section 133 and inserting the fol-
2 lowing:
‘‘133. Surface transportation program.’’.
3 (c) CONFORMING AMENDMENTS.—
4 (1) ADVANCE ACQUISITION OF REAL PROP-
5 ERTY.—Section 108(c) of title 23, United States
6 Code, is amended—
7 (A) in paragraph (2)(A) by striking ‘‘block
8 grant’’; and
9 (B) in paragraph (3) by striking ‘‘block
10 grant’’.
11 (2) PUBLIC TRANSPORTATION.—Section
12 142(e)(2) of title 23, United States Code, is amend-
13 ed by striking ‘‘block grant’’.
14 (3) HIGHWAY USE TAX EVASION PROJECTS.—
15 Section 143(b)(8) of title 23, United States Code, is
16 amended in the heading by striking ‘‘BLOCK
17 GRANT’’.
18 (4) CONGESTION MITIGATION AND AIR QUALITY
19 IMPROVEMENT PROGRAM.—Section 149(d) of title
20 23, United States Code, is amended—
21 (A) in paragraph (1)(B) by striking ‘‘block
22 grant’’; and
23 (B) in paragraph (2)(A) by striking ‘‘block
24 grant’’.
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1 (5) TERRITORIAL AND PUERTO RICO HIGHWAY
2 PROGRAM.—Section 165 of title 23, United States
3 Code, is amended—
4 (A) in subsection (b)(2)(A)(ii) by striking
5 ‘‘block grant’’ each time such term appears;
6 and
7 (B) in subsection (c)(6)(A)(i) by striking
8 ‘‘block grant’’.
9 (6) MAGNETIC LEVITATION TRANSPORTATION
10 TECHNOLOGY DEPLOYMENT PROGRAM.—Section
11 322(h)(3) of title 23, United States Code, is amend-
12 ed by striking ‘‘block grant’’.
13 (7) TRAINING AND EDUCATION.—Section
14 504(a)(4) of title 23, United States Code, is amend-
15 ed by striking ‘‘block grant’’.
16 SEC. 1206. TRANSPORTATION ALTERNATIVES PROGRAM.
17 Section 133(h) of title 23, United States Code, is
18 amended to read as follows:
19 ‘‘(h) TRANSPORTATION ALTERNATIVES PROGRAM
20 SET-ASIDE.—
21 ‘‘(1) SET ASIDE.—For each fiscal year, of the
22 total funds apportioned to all States under section
23 104(b)(2) for a fiscal year, the Secretary shall set
24 aside an amount such that—
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1 ‘‘(A) the Secretary sets aside a total
2 amount under this subsection for a fiscal year
3 equal to 10 percent of such total funds; and
4 ‘‘(B) the State’s share of the amount set
5 aside under subparagraph (A) is determined by
6 multiplying the amount set aside under sub-
7 paragraph (A) by the ratio that—
8 ‘‘(i) the amount apportioned to the
9 State for the transportation enhancement
10 program for fiscal year 2009 under section
11 133(d)(2), as in effect on the day before
12 the date of enactment of MAP–21; bears
13 to
14 ‘‘(ii) the total amount of funds appor-
15 tioned to all States for the transportation
16 enhancements program for fiscal year
17 2009.
18 ‘‘(2) ALLOCATION WITHIN A STATE.—
19 ‘‘(A) IN GENERAL.—Except as provided in
20 subparagraph (B), funds set aside for a State
21 under paragraph (1) shall be obligated within
22 that State in the manner described in sub-
23 sections (d) and (e), except that, for purposes
24 of this paragraph (after funds are made avail-
25 able under paragraph (5))—
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1 ‘‘(i) for each fiscal year, the percent-
2 age referred to in paragraph (1)(A) of sub-
3 section (d) shall be deemed to be 66 per-
4 cent; and
5 ‘‘(ii) paragraph (3) of subsection (d)
6 shall not apply.
7 ‘‘(B) LOCAL CONTROL.—
8 ‘‘(i) IN GENERAL.—A State may make
9 available up to 100 percent of the funds
10 set aside under paragraph (1) to the enti-
11 ties described in subclause (I) if the State
12 submits to the Secretary, and the Sec-
13 retary approves, a plan that describes—
14 ‘‘(I) how such funds shall be
15 made available to metropolitan plan-
16 ning organizations, regional transpor-
17 tation planning organizations, coun-
18 ties, or other regional transportation
19 authorities;
20 ‘‘(II) how the entities described
21 in subclause (I) shall select projects
22 for funding and how such entities
23 shall report selected projects to the
24 State;
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1 ‘‘(III) the legal, financial, and
2 technical capacity of such entities; and
3 ‘‘(IV) the procedures in place to
4 ensure such entities comply with the
5 requirements of this title.
6 ‘‘(ii) REQUIREMENT.—A State that
7 makes funding available under a plan ap-
8 proved under this subparagraph shall make
9 available an equivalent amount of obliga-
10 tion authority to an entity described in
11 clause (i)(I) to whom funds are made
12 available under this subparagraph.
13 ‘‘(3) ELIGIBLE PROJECTS.—Funds set aside
14 under this subsection may be obligated for any of
15 the following projects or activities:
16 ‘‘(A) Construction, planning, and design of
17 on-road and off-road trail facilities for pedes-
18 trians, bicyclists, and other nonmotorized forms
19 of transportation, including sidewalks, bicycle
20 infrastructure, pedestrian and bicycle signals,
21 traffic calming techniques, lighting and other
22 safety-related infrastructure, and transportation
23 projects to achieve compliance with the Ameri-
24 cans with Disabilities Act of 1990 (42 U.S.C.
25 12101 et seq.).
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1 ‘‘(B) Construction, planning, and design of
2 infrastructure-related projects and systems that
3 will provide safe routes for nondrivers, includ-
4 ing children, older adults, and individuals with
5 disabilities to access daily needs.
6 ‘‘(C) Conversion and use of abandoned
7 railroad corridors for trails for pedestrians,
8 bicyclists, or other nonmotorized transportation
9 users.
10 ‘‘(D) Construction of turnouts, overlooks,
11 and viewing areas.
12 ‘‘(E) Community improvement activities,
13 including—
14 ‘‘(i) inventory, control, or removal of
15 outdoor advertising;
16 ‘‘(ii) historic preservation and reha-
17 bilitation of historic transportation facili-
18 ties;
19 ‘‘(iii) vegetation management prac-
20 tices in transportation rights-of-way to im-
21 prove roadway safety, prevent against
22 invasive species, facilitate wildfire control,
23 and provide erosion control; and
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1 ‘‘(iv) archaeological activities relating
2 to impacts from implementation of a trans-
3 portation project eligible under this title.
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.
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1 ‘‘(K) Any other projects or activities de-
2 scribed in section 101(a)(29) or section 213, as
3 such sections were in effect on the day before
4 the date of enactment of the FAST Act (Public
5 Law 114–94).
6 ‘‘(4) ACCESS TO FUNDS.—
7 ‘‘(A) IN GENERAL.—A State, metropolitan
8 planning organization required to obligate funds
9 in accordance with paragraph (2)(A), or an en-
10 tity required to obligate funds in accordance
11 with paragraph (2)(B) shall develop a competi-
12 tive process to allow eligible entities to submit
13 projects for funding that achieve the objectives
14 of this subsection. A metropolitan planning or-
15 ganization for an area described in subsection
16 (d)(1)(A)(i) shall select projects under such
17 process in consultation with the relevant State.
18 ‘‘(B) ELIGIBLE ENTITY DEFINED.—In this
19 paragraph, the term ‘eligible entity’ means—
20 ‘‘(i) a local government, including a
21 county or multi-county special district;
22 ‘‘(ii) a regional transportation author-
23 ity;
24 ‘‘(iii) a transit agency;
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1 ‘‘(iv) a natural resource or public land
2 agency;
3 ‘‘(v) a school district, local education
4 agency, or school;
5 ‘‘(vi) a tribal government;
6 ‘‘(vii) a metropolitan planning organi-
7 zation that serves an urbanized area with
8 a population of 200,000 or fewer;
9 ‘‘(viii) a nonprofit organization car-
10 rying out activities related to transpor-
11 tation;
12 ‘‘(ix) any other local or regional gov-
13 ernmental entity with responsibility for or
14 oversight of transportation or recreational
15 trails (other than a metropolitan planning
16 organization that serves an urbanized area
17 with a population of over 200,000 or a
18 State agency) that the State determines to
19 be eligible, consistent with the goals of this
20 subsection; and
21 ‘‘(x) a State, at the request of any en-
22 tity listed in clauses (i) through (ix).
23 ‘‘(5) CONTINUATION OF CERTAIN REC-
24 REATIONAL TRAILS PROJECTS.—
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1 ‘‘(A) IN GENERAL.—For each fiscal year, a
2 State shall—
3 ‘‘(i) obligate an amount of funds set
4 aside under this subsection equal to 175
5 percent of the amount of the funds appor-
6 tioned to the State for fiscal year 2009
7 under section 104(h)(2), as in effect on the
8 day before the date of enactment of MAP–
9 21, for projects relating to recreational
10 trails under section 206;
11 ‘‘(ii) return 1 percent of the funds de-
12 scribed in clause (i) to the Secretary for
13 the administration of such program; and
14 ‘‘(iii) comply with the provisions of
15 the administration of the recreational trails
16 program under section 206, including the
17 use of apportioned funds described in sub-
18 section (d)(3)(A) of such section.
19 ‘‘(B) STATE FLEXIBILITY.—A State may
20 opt out of the recreational trails program under
21 this paragraph if the Governor of the State no-
22 tifies the Secretary not later than 30 days prior
23 to the date on which an apportionment is made
24 under section 104 for any fiscal year.
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1 ‘‘(6) IMPROVING ACCESSIBILITY AND EFFI-
2 CIENCY.—
3 ‘‘(A) IN GENERAL.—A State may use an
4 amount equal to not more than 5 percent of the
5 funds set aside for the State under this sub-
6 section, after allocating funds in accordance
7 with paragraph (2)(A), to improve the ability of
8 applicants to access funding for projects under
9 this subsection in an efficient and expeditious
10 manner by providing—
11 ‘‘(i) to applicants for projects under
12 this subsection application assistance, tech-
13 nical assistance, and assistance in reducing
14 the period of time between the selection of
15 the project and the obligation of funds for
16 the project; and
17 ‘‘(ii) funding for one or more full-time
18 State employee positions to administer this
19 subsection.
20 ‘‘(B) USE OF FUNDS.—Amounts used
21 under subparagraph (A) may be expended—
22 ‘‘(i) directly by the State; or
23 ‘‘(ii) through contracts with State
24 agencies, private entities, or nonprofit enti-
25 ties.
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1 ‘‘(7) FEDERAL SHARE.—
2 ‘‘(A) FLEXIBLE MATCH.—
3 ‘‘(i) IN GENERAL.—Notwithstanding
4 section 120—
5 ‘‘(I) the non-Federal share for a
6 project under this subsection may be
7 calculated on a project, multiple-
8 project, or program basis; and
9 ‘‘(II) the Federal share of the
10 cost of an individual project in this
11 subsection may be up to 100 percent.
12 ‘‘(ii) AGGREGATE NON-FEDERAL
13 SHARE.—The average annual non-Federal
14 share of the total cost of all projects for
15 which funds are obligated under this sub-
16 section in a State for a fiscal year shall be
17 not less than the non-Federal share au-
18 thorized for the State under section
19 120(b).
20 ‘‘(iii) REQUIREMENT.—This subpara-
21 graph shall only apply to a State if such
22 State has adequate financial controls, as
23 certified by the Secretary, to account for
24 the average annual non-Federal share
25 under this subparagraph.
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1 ‘‘(B) SAFETY PROJECTS.—Notwith-
2 standing section 120, funds made available to
3 carry out section 148 may be credited toward
4 the non-Federal share of the costs of a project
5 under this subsection if the project—
6 ‘‘(i) is a project described in section
7 148(e)(1); and
8 ‘‘(ii) is consistent with the State stra-
9 tegic highway safety plan (as defined in
10 section 148(a)).
11 ‘‘(8) FLEXIBILITY.—
12 ‘‘(A) STATE AUTHORITY.—
13 ‘‘(i) IN GENERAL.—A State may use
14 not more than 50 percent of the funds set
15 aside under this subsection that are avail-
16 able for obligation in any area of the State
17 (suballocated consistent with the require-
18 ments of subsection (d)(1)(B)) for any
19 purpose eligible under subsection (b).
20 ‘‘(ii) RESTRICTION.—Funds may be
21 used as described in clause (i) only if the
22 State demonstrates to the Secretary—
23 ‘‘(I) that the State held a com-
24 petition in compliance with the re-
25 quirements of this subsection in such
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1 form as the Secretary determines ap-
2 propriate;
3 ‘‘(II) that the State offered tech-
4 nical assistance to all eligible entities
5 and provided such assistance upon re-
6 quest by an eligible entity; and
7 ‘‘(III) that there were not suffi-
8 cient suitable applications from eligi-
9 ble entities to use the funds described
10 in clause (i).
11 ‘‘(B) MPO AUTHORITY.—
12 ‘‘(i) IN GENERAL.—A metropolitan
13 planning organization that represents an
14 urbanized area with a population of great-
15 er than 200,000 may use not more than
16 50 percent of the funds set aside under
17 this subsection for an urbanized area de-
18 scribed in subsection (d)(1)(A)(i) for any
19 purpose eligible under subsection (b).
20 ‘‘(ii) RESTRICTION.—Funds may be
21 used as described in clause (i) only if the
22 Secretary certifies that the metropolitan
23 planning organization—
24 ‘‘(I) held a competition in compli-
25 ance with the requirements of this
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1 subsection in such form as the Sec-
2 retary determines appropriate; and
3 ‘‘(II) demonstrates that there
4 were not sufficient suitable applica-
5 tions from eligible entities to use the
6 funds described in clause (i).
7 ‘‘(9) ANNUAL REPORTS.—
8 ‘‘(A) IN GENERAL.—Each State or metro-
9 politan planning organization responsible for
10 carrying out the requirements of this subsection
11 shall submit to the Secretary an annual report
12 that describes—
13 ‘‘(i) the number of project applica-
14 tions received for each fiscal year, includ-
15 ing—
16 ‘‘(I) the aggregate cost of the
17 projects for which applications are re-
18 ceived; and
19 ‘‘(II) the types of projects to be
20 carried out, expressed as percentages
21 of the total apportionment of the
22 State under this subsection; and
23 ‘‘(ii) the list of each project selected
24 for funding for each fiscal year, including
25 specifying the fiscal year for which the
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1 project was selected, the fiscal year in
2 which the project is anticipated to be fund-
3 ed, the recipient, the location, the type,
4 and a brief description.
5 ‘‘(B) PUBLIC AVAILABILITY.—The Sec-
6 retary shall make available to the public, in a
7 user-friendly format on the website of the De-
8 partment of Transportation, a copy of each an-
9 nual report submitted under subparagraph
10 (A).’’.
11 SEC. 1207. BRIDGE INVESTMENT.
12 (a) IN GENERAL.—Section 144 of title 23, United
13 States Code, is amended—
14 (1) in the section heading by striking ‘‘Na-
15 tional bridge and tunnel inventory and
16 inspection standards’’ and inserting
17 ‘‘Bridges and tunnels’’;
18 (2) in subsection (a)(1)(B) by striking ‘‘defi-
19 cient’’;
20 (3) in subsection (b)(5) by striking ‘‘struc-
21 turally deficient bridge’’ and inserting ‘‘bridge classi-
22 fied as in poor condition’’;
23 (4) in subsection (d)—
24 (A) in paragraph (2) by striking ‘‘Not
25 later than 2 years after the date of enactment
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1 of the MAP–21, each’’ and inserting ‘‘Each’’;
2 and
3 (B) by striking paragraph (4);
4 (5) in subsection (j)—
5 (A) in paragraph (2) by inserting ‘‘, 124,’’
6 after ‘‘section 119’’;
7 (B) in paragraph (3)(A) by inserting ‘‘,
8 124,’’ after ‘‘section 119’’; and
9 (C) in paragraph (5) by striking ‘‘financial
10 characteristics’’ and all that follows through the
11 end and inserting ‘‘Federal share.’’; and
12 (6) by adding at the end the following:
13 ‘‘(l) HIGHWAY BRIDGE REPLACEMENT AND REHA-
14 BILITATION.—
15 ‘‘(1) GOALS.—The goals of this subsection shall
16 be to—
17 ‘‘(A) support the achievement of a state of
18 good repair for the Nation’s bridges;
19 ‘‘(B) improve the safety, efficiency, and re-
20 liability of the movement of people and freight
21 over bridges; and
22 ‘‘(C) improve the condition of bridges in
23 the United States by reducing—
24 ‘‘(i) the number of bridges—
25 ‘‘(I) in poor condition; or
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1 ‘‘(II) in fair condition and at risk
2 of falling into poor condition;
3 ‘‘(ii) the total person miles traveled
4 over bridges—
5 ‘‘(I) in poor condition; or
6 ‘‘(II) in fair condition and at risk
7 of falling into poor condition;
8 ‘‘(iii) the number of bridges that—
9 ‘‘(I) do not meet current geo-
10 metric design standards; or
11 ‘‘(II) cannot meet the load and
12 traffic requirements typical of the re-
13 gional transportation network; and
14 ‘‘(iv) the total person miles traveled
15 over bridges that—
16 ‘‘(I) do not meet current geo-
17 metric design standards; or
18 ‘‘(II) cannot meet the load and
19 traffic requirements typical of the re-
20 gional transportation network.
21 ‘‘(2) BRIDGES ON PUBLIC ROADS.—
22 ‘‘(A) MINIMUM BRIDGE INVESTMENT.—
23 Excluding the amounts described in subpara-
24 graph (C), of the total funds apportioned to a
25 State under paragraphs (1) and (2) of section
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1 104(b) for fiscal years 2022 to 2025, 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 ‘‘(E) ELIGIBLE PROJECTS.—Funds re-
25 quired to be obligated in accordance with para-
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1 graph (2)(A) may be obligated for projects or
2 activities that—
3 ‘‘(i) are otherwise eligible under either
4 section 119 or section 133, as applicable;
5 ‘‘(ii) support the achievement of per-
6 formance targets of the State established
7 under section 150 or provide support for
8 the condition and performance of bridges
9 on public roads within the State; and
10 ‘‘(iii) remove a bridge classified as in
11 poor condition in order to improve commu-
12 nity connectivity, or replace, reconstruct,
13 rehabilitate, preserve, or protect a bridge
14 included on the national bridge inventory
15 authorized by subsection (b), including
16 through—
17 ‘‘(I) seismic retrofits;
18 ‘‘(II) systematic preventive main-
19 tenance;
20 ‘‘(III) installation of scour coun-
21 termeasures;
22 ‘‘(IV) the use of innovative mate-
23 rials that extend the service life of the
24 bridge and reduce preservation costs,
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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 ‘‘(XII) inspection and evaluation
25 of bridges; and
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1 ‘‘(XIII) training for bridge in-
2 spectors consistent with subsection (i).
3 ‘‘(F) BUNDLES OF PROJECTS.—A State
4 may use a bundle of projects as described in
5 subsection (j) to satisfy the requirements of
6 subparagraph (A), if each project in the bundle
7 is otherwise eligible under subparagraph (E).
8 ‘‘(G) FLEXIBILITY.—The Secretary may,
9 at the request of a State, reduce the required
10 obligation under subparagraph (A) if—
11 ‘‘(i) the reduction is consistent with a
12 State’s asset management plan for the Na-
13 tional Highway System;
14 ‘‘(ii) the reduction will not limit a
15 State’s ability to meet its performance tar-
16 gets under section 150 or to improve the
17 condition and performance of bridges on
18 public roads within the State; and
19 ‘‘(iii) the State demonstrates that it
20 has inadequate needs to justify the expend-
21 iture.
22 ‘‘(H) BRIDGE INVESTMENT REPORT.—The
23 Secretary shall annually publish on the website
24 of the Department of Transportation a bridge
25 investment report that includes—
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1 ‘‘(i) the total Federal funding obli-
2 gated for bridge projects in the most re-
3 cent fiscal year, on a State-by-State basis
4 and broken out by Federal program;
5 ‘‘(ii) the total Federal funding obli-
6 gated, on a State-by-State basis and bro-
7 ken out by Federal program, for bridge
8 projects carried out pursuant to the min-
9 imum bridge investment requirements
10 under subparagraph (A);
11 ‘‘(iii) the progress made by each State
12 toward meeting the minimum bridge in-
13 vestment requirement under subparagraph
14 (A) for such State, both cumulatively and
15 for the most recent fiscal year;
16 ‘‘(iv) a summary of—
17 ‘‘(I) each request made under
18 subparagraph (G) by a State for a re-
19 duction in the minimum bridge invest-
20 ment requirement under subpara-
21 graph (A); and
22 ‘‘(II) for each request described
23 in subclause (I) that is granted by the
24 Secretary—
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1 ‘‘(aa) the percentage and
2 dollar amount of the reduction;
3 and
4 ‘‘(bb) an explanation of how
5 the State met each of the criteria
6 described in subparagraph (G);
7 and
8 ‘‘(v) a summary of—
9 ‘‘(I) each request made by a
10 State for a reduction in the obligation
11 requirements under section 133(f);
12 and
13 ‘‘(II) for each request that is
14 granted by the Secretary—
15 ‘‘(aa) the percentage and
16 dollar amount of the reduction;
17 and
18 ‘‘(bb) an explanation of how
19 the Secretary made the deter-
20 mination under section
21 133(f)(2)(B).
22 ‘‘(I) OFF-SYSTEM BRIDGES.—A State may
23 apply amounts obligated under this subsection
24 or section 133(f)(2)(A) to the obligation re-
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1 quirements of both this subsection and section
2 133(f).
3 ‘‘(J) NHS PENALTY.—A State may apply
4 amounts obligated under this subsection or sec-
5 tion 119(f)(2) to the obligation requirements of
6 both this subsection and section 119(f)(2).
7 ‘‘(K) COMPLIANCE.—If a State fails to
8 satisfy the requirements of subparagraph (A)
9 by the end of fiscal year 2025, the Secretary
10 may subject the State to appropriate program
11 sanctions under section 1.36 of title 23, Code of
12 Federal Regulations (or successor regula-
13 tions).’’.
14 (b) CLERICAL AMENDMENT.—The analysis for chap-
15 ter 1 of title 23, United States Code, is amended by strik-
16 ing the item relating to section 144 and inserting the fol-
17 lowing:
‘‘144. Bridges and tunnels.’’.
18 SEC. 1208. CONSTRUCTION OF FERRY BOATS AND FERRY
19 TERMINAL FACILITIES.
20 Section 147 of title 23, United States Code, is
21 amended—
22 (1) by striking subsection (h); and
23 (2) by redesignating subsections (i) and (j) as
24 subsections (h) and (i), respectively.
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1 SEC. 1209. HIGHWAY SAFETY IMPROVEMENT PROGRAM.
2 (a) IN GENERAL.—Section 148 of title 23, United
3 States Code, is amended—
4 (1) in subsection (a)—
5 (A) in paragraph (4)(B)—
6 (i) by striking ‘‘only includes a
7 project’’ and inserting ‘‘includes a
8 project’’;
9 (ii) in clause (xiii) by inserting ‘‘, in-
10 cluding the development of a vulnerable
11 road user safety assessment or a vision
12 zero plan under section 1601 of the IN-
13 VEST in America Act’’ after ‘‘safety plan-
14 ning’’;
15 (iii) by amending clause (xviii) to read
16 as follows:
17 ‘‘(xviii) Safe routes to school infra-
18 structure-related projects eligible under
19 section 211.’’;
20 (iv) in clause (xxvi) by inserting ‘‘or
21 leading pedestrian intervals’’ after ‘‘hybrid
22 beacons’’; and
23 (v) by striking clause (xxviii) and in-
24 serting the following:
25 ‘‘(xxviii) A pedestrian security feature
26 designed to slow or stop a motor vehicle.
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1 ‘‘(xxix) Installation of infrastructure
2 improvements, including sidewalks, cross-
3 walks, signage, and bus stop shelters or
4 protected waiting areas.’’;
5 (B) in paragraph (11)—
6 (i) in subparagraph (A)—
7 (I) in clause (ix) by striking
8 ‘‘and’’ at the end;
9 (II) by redesignating clause (x)
10 as clause (xi); and
11 (III) by inserting after clause (ix)
12 the following:
13 ‘‘(x) State or local representatives of
14 educational agencies to address safe routes
15 to school and schoolbus safety; and’’;
16 (ii) in subparagraph (E) by inserting
17 ‘‘Tribal,’’ after ‘‘State,’’;
18 (iii) by redesignating subparagraphs
19 (G), (H), and (I) as subparagraphs (H),
20 (I), and (J), respectively; and
21 (iv) by inserting after subparagraph
22 (F) the following:
23 ‘‘(G) includes a vulnerable road user safety
24 assessment described under paragraph (16);’’;
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1 (C) by redesignating paragraphs (10),
2 (11), and (12) as paragraphs (12), (13), and
3 (14), respectively;
4 (D) by inserting after paragraph (9) the
5 following:
6 ‘‘(10) SAFE SYSTEM APPROACH.—The term
7 ‘safe system approach’ means a roadway design that
8 emphasizes minimizing the risk of injury or fatality
9 to road users and that—
10 ‘‘(A) takes into consideration the possi-
11 bility and likelihood of human error;
12 ‘‘(B) accommodates human injury toler-
13 ance by taking into consideration likely crash
14 types, resulting impact forces, and the human
15 body’s ability to withstand such forces; and
16 ‘‘(C) takes into consideration vulnerable
17 road users.
18 ‘‘(11) SPECIFIED SAFETY PROJECT.—
19 ‘‘(A) IN GENERAL.—The term ‘specified
20 safety project’ means a project carried out for
21 the purpose of safety under any other section of
22 this title that is consistent with the State stra-
23 tegic highway safety plan.
24 ‘‘(B) INCLUSION.—The term ‘specified
25 safety project’ includes a project that—
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1 ‘‘(i) promotes public awareness and
2 informs the public regarding highway safe-
3 ty matters (including safety for motorcy-
4 clists, bicyclists, pedestrians, individuals
5 with disabilities, and other road users);
6 ‘‘(ii) facilitates enforcement of traffic
7 safety laws;
8 ‘‘(iii) provides infrastructure and in-
9 frastructure-related equipment to support
10 emergency services;
11 ‘‘(iv) conducts safety-related research
12 to evaluate experimental safety counter-
13 measures or equipment; or
14 ‘‘(v) supports safe routes to school
15 noninfrastructure-related activities de-
16 scribed under section 211(e)(2).’’; and
17 (E) by adding at the end the following:
18 ‘‘(15) VULNERABLE ROAD USER.—The term
19 ‘vulnerable road user’ means a nonmotorist—
20 ‘‘(A) with a fatality analysis reporting sys-
21 tem person attribute code that is included in
22 the definition of the term ‘number of non-mo-
23 torized fatalities’ in section 490.205 of title 23,
24 Code of Federal Regulations (or successor regu-
25 lation); or
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1 ‘‘(B) described in the term ‘number of
2 non-motorized serious injuries’ in such section.
3 ‘‘(16) VULNERABLE ROAD USER SAFETY AS-
4 SESSMENT.—The term ‘vulnerable road user safety
5 assessment’ means an assessment of the safety per-
6 formance of the State or a metropolitan planning or-
7 ganization within the State with respect to vulner-
8 able road users and the plan of the State or metro-
9 politan planning organization to improve the safety
10 of vulnerable road users described in subsection
11 (l).’’;
12 (2) in subsection (c)—
13 (A) in paragraph (1) by striking ‘‘(a)(11)’’
14 and inserting ‘‘(a)(13)’’; and
15 (B) in paragraph (2)—
16 (i) in subparagraph (A)(vi) by insert-
17 ing ‘‘, consistent with the vulnerable road
18 user safety assessment’’ after ‘‘non-
19 motorized crashes’’;
20 (ii) in subparagraph (B)(i)—
21 (I) by inserting ‘‘, consistent with
22 a safe system approach,’’ after ‘‘iden-
23 tify’’;
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1 (II) by inserting ‘‘excessive de-
2 sign speeds and speed limits,’’ after
3 ‘‘crossing needs,’’; and
4 (III) by striking ‘‘motorists (in-
5 cluding motorcyclists), bicyclists, pe-
6 destrians, and other highway users’’
7 and inserting ‘‘road users’’; and
8 (iii) in subparagraph (D)(iii) by strik-
9 ing ‘‘motorists (including motorcyclists),
10 bicyclists, pedestrians, persons with disabil-
11 ities, and other highway users’’ and insert-
12 ing ‘‘road users’’;
13 (3) in subsection (d)—
14 (A) in paragraph (1)—
15 (i) in subparagraph (A) by striking
16 ‘‘Not later than 1 year after the date of
17 enactment of the MAP–21, the’’ and in-
18 serting ‘‘The’’; and
19 (ii) in subparagraph (B)—
20 (I) in clause (iv) by inserting
21 ‘‘and serious injury’’ after ‘‘fatality’’;
22 (II) in clause (vii) by striking ‘‘;
23 and’’ and inserting a semicolon;
24 (III) by redesignating clause
25 (viii) as clause (ix); and
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1 (IV) by inserting after clause
2 (vii) the following:
3 ‘‘(viii) the findings of a vulnerable
4 road user safety assessment of the State;
5 and’’; and
6 (B) in paragraph (2)(B)(i) by striking
7 ‘‘subsection (a)(11)’’ and inserting ‘‘subsection
8 (a)(13)’’;
9 (4) in subsection (e)—
10 (A) in paragraph (1)(C) by striking ‘‘,
11 without regard to whether the project is in-
12 cluded in an applicable State strategic highway
13 safety plan’’; and
14 (B) by adding at the end the following:
15 ‘‘(3) FLEXIBLE FUNDING FOR SPECIFIED SAFE-
16 TY PROJECTS.—
17 ‘‘(A) IN GENERAL.—To advance the imple-
18 mentation of a State strategic highway safety
19 plan, a State may use not more than 10 percent
20 of the amounts apportioned to the State under
21 section 104(b)(3) for a fiscal year to carry out
22 specified safety projects.
23 ‘‘(B) RULE OF STATUTORY CONSTRUC-
24 TION.—Nothing in this paragraph shall be con-
25 strued to require a State to revise any State
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1 process, plan, or program in effect on the date
2 of enactment of this paragraph.
3 ‘‘(C) EFFECT OF PARAGRAPH.—
4 ‘‘(i) REQUIREMENTS.—A project
5 funded under this paragraph shall be sub-
6 ject to all requirements under this section
7 that apply to a highway safety improve-
8 ment project.
9 ‘‘(ii) OTHER APPORTIONED PRO-
10 GRAMS.—Subparagraph (A) shall not apply
11 to amounts that may be obligated for non-
12 infrastructure projects apportioned under
13 any other paragraph of section 104(b).’’;
14 (5) in subsection (g)—
15 (A) by amending paragraph (1) to read as
16 follows:
17 ‘‘(1) HIGH-RISK RURAL ROAD SAFETY.—
18 ‘‘(A) IN GENERAL.—If a State determines
19 that the fatality rate on rural roads in such
20 State for the most recent 2-year period for
21 which data are available exceeds the median fa-
22 tality rate for rural roads among all States,
23 that State shall be required to—
24 ‘‘(i) obligate over the 2 fiscal years
25 following the fiscal year in which such de-
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1 termination is made for projects on high-
2 risk rural roads an amount not less than
3 7.5 percent of the amounts apportioned to
4 the State under section 104(b)(3) for fiscal
5 year 2020; and
6 ‘‘(ii) include, in the subsequent update
7 to the State strategic highway safety plan,
8 strategies to reduce the fatality rate.
9 ‘‘(B) SOURCE OF FUNDS.—Any amounts
10 obligated under subparagraph (A) shall be from
11 amounts described under section 133(d)(1)(B).
12 ‘‘(C) ANNUAL DETERMINATION.—The de-
13 termination described under subparagraph (A)
14 shall be made on an annual basis.
15 ‘‘(D) CONSULTATION.—In carrying out a
16 project with an amount obligated under sub-
17 paragraph (A), a State shall consult with, as
18 applicable, local governments, metropolitan
19 planning organizations, and regional transpor-
20 tation planning organizations.’’;
21 (B) in paragraph (2)—
22 (i) in the heading by striking ‘‘DRIV-
23 ERS’’ and inserting ‘‘ROAD USERS’’; and
24 (ii) by striking ‘‘address the increases
25 in’’ and inserting ‘‘reduce’’; and
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1 (C) by adding at the end the following:
2 ‘‘(3) VULNERABLE ROAD USER SAFETY.—
3 ‘‘(A) IN GENERAL.—Beginning on the date
4 of enactment of the INVEST in America Act,
5 if a State determines that the number of vul-
6 nerable road user fatalities and serious injuries
7 per capita in such State over the most recent
8 2-year period for which data are available ex-
9 ceeds the median number of such fatalities and
10 serious injuries per capita among all States,
11 that State shall be required to obligate over the
12 2 fiscal years following the fiscal year in which
13 such determination is made an amount that is
14 not less than 50 percent of the amount set
15 aside in such State under section 133(h)(1) for
16 fiscal year 2020, less any amounts obligated by
17 a metropolitan planning organization in the
18 State as required by subparagraph (D), for—
19 ‘‘(i) in the first fiscal year—
20 ‘‘(I) performing the vulnerable
21 user safety assessment as prescribed
22 by subsection (l);
23 ‘‘(II) providing matching funds
24 for transportation alternatives safety
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1 project as identified in section
2 133(h)(7)(B); and
3 ‘‘(III) projects eligible under sec-
4 tion 133(h)(3)(A), (B), (C), or (I);
5 and
6 ‘‘(ii) in each fiscal year thereafter, the
7 program of projects identified in subsection
8 (l)(2)(C).
9 ‘‘(B) SOURCE OF FUNDS.—Any amounts
10 obligated under subparagraph (A) shall be from
11 amounts described in section 133(d)(1)(B).
12 ‘‘(C) ANNUAL DETERMINATION.—The de-
13 termination described under subparagraph (A)
14 shall be made on an annual basis.
15 ‘‘(D) METROPOLITAN PLANNING AREA
16 WITH EXCESSIVE FATALITIES AND SERIOUS IN-
17 JURIES PER CAPITA.—
18 ‘‘(i) ANNUAL DETERMINATION.—Be-
19 ginning on the date of enactment of the
20 INVEST in America Act, a metropolitan
21 planning organization representing an ur-
22 banized area with a population greater
23 than 200,000 shall annually determine the
24 number of vulnerable user road fatalities
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1 and serious injuries per capita in such area
2 over the most recent 2-year period.
3 ‘‘(ii) REQUIREMENT TO OBLIGATE
4 FUNDS.—If such a metropolitan planning
5 area organization determines that the
6 number of vulnerable user road fatalities
7 and serious injuries per capita in such area
8 over the most recent 2-year period for
9 which data are available exceeds the me-
10 dian number of such fatalities and serious
11 injuries among all urbanized areas with a
12 population of over 200,000, then there
13 shall be obligated over the 2 fiscal years
14 following the fiscal year in which such de-
15 termination is made an amount that is not
16 less than 50 percent of the amount set
17 aside for that urbanized area under section
18 133(h)(2) for fiscal year 2020 for projects
19 identified in the program of projects de-
20 scribed in subsection (l)(7)(C).
21 ‘‘(E) SOURCE OF FUNDS.—
22 ‘‘(i) METROPOLITAN PLANNING ORGA-
23 NIZATION IN STATE REQUIRED TO OBLI-
24 GATE FUNDS.—For a metropolitan plan-
25 ning organization in a State required to
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1 obligate funds to vulnerable user safety
2 under subparagraph (A), the State shall be
3 required to obligate from such amounts re-
4 quired to be obligated for vulnerable road
5 user safety under subparagraph (B) for
6 projects described in subsection (l)(7).
7 ‘‘(ii) OTHER METROPOLITAN PLAN-
8 NING ORGANIZATIONS.—For a metropoli-
9 tan planning organization that is not lo-
10 cated within a State required to obligate
11 funds to vulnerable user safety under sub-
12 paragraph (A), the State shall be required
13 to obligate from amounts apportioned
14 under section 104(b)(3) for projects de-
15 scribed in subsection (l)(7).’’;
16 (6) in subsection (h)(1)(A) by inserting ‘‘, in-
17 cluding any efforts to reduce vehicle speed’’ after
18 ‘‘under this section’’; and
19 (7) by adding at the end the following:
20 ‘‘(l) VULNERABLE ROAD USER SAFETY ASSESS-
21 MENT.—
22 ‘‘(1) IN GENERAL.—Not later than 1 year after
23 date of enactment of the INVEST in America Act,
24 each State shall create a vulnerable road user safety
25 assessment.
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1 ‘‘(2) CONTENTS.—A vulnerable road user safety
2 assessment required under paragraph (1) shall in-
3 clude—
4 ‘‘(A) a description of the location within
5 the State of each vulnerable road user fatality
6 and serious injury and the design speed of the
7 roadway at any such location;
8 ‘‘(B) a description of any corridors identi-
9 fied by a State, in coordination with local gov-
10 ernments, metropolitan planning organizations,
11 and regional transportation planning organiza-
12 tions that pose a high risk of a vulnerable road
13 user fatality or serious injury and the design
14 speeds of such corridors; and
15 ‘‘(C) a program of projects or strategies to
16 reduce safety risks to vulnerable road users in
17 corridors identified under subparagraph (B), in
18 coordination with local governments, metropoli-
19 tan planning organizations, and regional trans-
20 portation planning organizations that represent
21 a high-risk area identified under subparagraph
22 (B).
23 ‘‘(3) ANALYSIS.—In creating a vulnerable road
24 user safety assessment under this subsection, a
25 State shall assess the last 5 years of available data.
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1 ‘‘(4) REQUIREMENTS.—In creating a vulnerable
2 road user safety assessment under this subsection, a
3 State shall—
4 ‘‘(A) take into consideration a safe system
5 approach; and
6 ‘‘(B) coordinate with local governments,
7 metropolitan planning organizations, and re-
8 gional transportation planning organizations
9 that represent a high-risk area identified under
10 paragraph (2)(B).
11 ‘‘(5) UPDATE.—A State shall update a vulner-
12 able road user safety assessment on the same sched-
13 ule as the State updates the State strategic highway
14 safety plan.
15 ‘‘(6) TRANSPORTATION SYSTEM ACCESS.—The
16 program of projects developed under paragraph
17 (2)(C) may not degrade transportation system ac-
18 cess for vulnerable road users.
19 ‘‘(7) METROPOLITAN PLANNING AREA ASSESS-
20 MENTS.—A metropolitan planning organization that
21 represents an urbanized area with a population
22 greater than 200,000 shall complete a vulnerable
23 user safety assessment based on the most recent 5
24 years of available data, unless an assessment was
25 completed in the previous 5 years, including—
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1 ‘‘(A) a description of the location within
2 the urbanized area of each vulnerable road user
3 fatality and serious injury and the design speed
4 of the roadway at any such location;
5 ‘‘(B) a description of any corridors that
6 represent a high-risk area identified under
7 paragraph (2)(B) that pose a high risk of a vul-
8 nerable road user fatality or serious injury and
9 the design speeds of such corridors; and
10 ‘‘(C) a program of projects or strategies to
11 reduce safety risks to vulnerable road users in
12 corridors identified under subparagraph (B).’’.
13 (b) TECHNICAL AMENDMENT.—Section 148 of title
14 23, United States Code, is amended—
15 (1) in the heading for subsection (a)(8) by
16 striking ‘‘ROAD USERS’’ and inserting ‘‘ROAD
17 USER’’; and
18 (2) in subsection (i)(2)(D) by striking ‘‘safety
19 safety’’ and inserting ‘‘safety’’.
20 (c) HIGH-RISK RURAL ROADS.—
21 (1) STUDY.—Not later than 2 years after the
22 date of enactment of this Act, the Secretary of
23 Transportation shall update the study described in
24 paragraph (1) of section 1112(b) of MAP–21 (23
25 U.S.C. 148 note).
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1 (2) PUBLICATION OF REPORT.—Not later than
2 2 years after the date of enactment of this Act, the
3 Secretary shall publish on the website of the Depart-
4 ment of Transportation an updated report of the re-
5 port described in paragraph (2) of section 1112(b)
6 of MAP–21 (23 U.S.C. 148 note).
7 (3) BEST PRACTICES MANUAL.—Not later than
8 180 days after the date of submission of the report
9 described in paragraph (2), the Secretary shall up-
10 date the best practices manual described in section
11 1112(b)(3) of MAP–21 (23 U.S.C. 148 note).
12 SEC. 1210. CONGESTION MITIGATION AND AIR QUALITY IM-
13 PROVEMENT PROGRAM.
14 Section 149 of title 23, United States Code, is
15 amended—
16 (1) in subsection (b)—
17 (A) in paragraph (1)(A)(ii) by striking
18 ‘‘subsection (h)’’ and inserting ‘‘subsection (i)’’;
19 (B) in paragraph (7) by inserting ‘‘shared
20 micromobility (including bikesharing and shared
21 scooter systems),’’ after ‘‘carsharing,’’;
22 (C) in paragraph (8)(B) by striking ‘‘; or’’
23 and inserting a semicolon;
24 (D) in paragraph (9) by striking the period
25 and inserting ‘‘; or’’; and
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1 (E) by adding at the end the following:
2 ‘‘(10) if the project or program mitigates sea-
3 sonal or temporary traffic congestion from long-haul
4 travel or tourism.’’;
5 (2) in subsection (c)—
6 (A) in paragraph (2)—
7 (i) in the heading by inserting ‘‘, HY-
8 DROGEN VEHICLE,’’ after ‘‘ELECTRIC VE-
9 HICLE’’;
10 (ii) by inserting ‘‘hydrogen or’’ after
11 ‘‘charging stations or’’; and
12 (iii) by inserting ‘‘, hydrogen-pow-
13 ered,’’ after ‘‘battery powered’’; and
14 (B) in paragraph (3) by inserting ‘‘, and is
15 consistent with section 166’’ after ‘‘travel
16 times’’; and
17 (3) by striking subsection (m) and inserting the
18 following:
19 ‘‘(m) OPERATING ASSISTANCE.—
20 ‘‘(1) PROJECTS.—A State may obligate funds
21 apportioned under section 104(b)(4) in an area of
22 such State that is otherwise eligible for obligations
23 of such funds for operating costs under chapter 53
24 of title 49 or on a system for which CMAQ funding
25 was made available, obligated, or expended in fiscal
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1 year 2012, or, notwithstanding subsection (b), on a
2 State-supported Amtrak route with a cost-sharing
3 agreement under section 209 of the Passenger Rail
4 Investment and Improvement Act of 2008 or alter-
5 native cost allocation under section 24712(g)(3) of
6 title 49.
7 ‘‘(2) TIME LIMITATION.—In determining the
8 amount of time for which a State may obligate funds
9 under paragraph (1) for operating assistance for an
10 area of a State or on a system, the Secretary shall
11 allow such obligations to occur, in such area or on
12 such system—
13 ‘‘(A) with a time limitation of not less than
14 3 years; and
15 ‘‘(B) in the case of projects that dem-
16 onstrate continued net air quality benefits be-
17 yond 3 years, as determined annually by the
18 Secretary in consultation with the Adminis-
19 trator of the Environmental Protection Agency,
20 with no imposed time limitation.’’.
21 SEC. 1211. ELECTRIC VEHICLE CHARGING STATIONS.
22 (a) ELECTRIC VEHICLE CHARGING STATIONS.—
23 Chapter 1 of title 23, United States Code, is amended by
24 inserting after section 154 the following new section:
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1 ‘‘§ 155. Electric vehicle charging stations
2 ‘‘(a) IN GENERAL.—Any electric vehicle charging in-
3 frastructure funded under this title shall be subject to the
4 requirements of this section.
5 ‘‘(b) INTEROPERABILITY.—
6 ‘‘(1) IN GENERAL.—Electric vehicle charging
7 stations funded under this title shall provide, at a
8 minimum, two of the following charging connector
9 types at the location:
10 ‘‘(A) CCS.
11 ‘‘(B) CHAdeMO.
12 ‘‘(C) An alternative connector that meets
13 applicable industry safety standards.
14 ‘‘(2) SAVINGS CLAUSE.—Nothing in this sub-
15 section shall prevent the use of charging types other
16 than the connectors described in paragraph (1) if, at
17 a minimum, such connectors meet applicable indus-
18 try safety standards and are compatible with a ma-
19 jority of electric vehicles in operation.
20 ‘‘(c) OPEN ACCESS TO PAYMENT.—Electric vehicle
21 charging stations shall provide payment methods available
22 to all members of the public to ensure secure, convenient,
23 and equal access and shall not be limited by membership
24 to a particular payment provider.
25 ‘‘(d) TREATMENT OF PROJECTS.—Notwithstanding
26 any other provision of law, any project to install electric
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1 vehicle charging infrastructure shall be treated as if the
2 project is located on a Federal-aid highway.’’.
3 (b) CLERICAL AMENDMENT.—The analysis for chap-
4 ter 1 of title 23, United States Code, is amended by insert-
5 ing after the item relating to section 154 the following
6 new item:
‘‘155. Electric vehicle charging stations.’’.
7 (c) ELECTRIC VEHICLE CHARGING SIGNAGE.—The
8 Secretary of Transportation shall update the Manual on
9 Uniform Traffic Control Devices to—
10 (1) ensure uniformity in providing road users
11 direction to electric charging stations that are open
12 to the public; and
13 (2) allow the use of Specific Service signs for
14 electric vehicle charging station providers.
15 (d) AGREEMENTS RELATING TO THE USE AND AC-
16 CESS OF RIGHTS-OF-WAY OF THE INTERSTATE SYS-
17 TEM.—Section 111 of title 23, United States Code, is
18 amended by adding at the end the following:
19 ‘‘(f) INTERSTATE SYSTEM RIGHTS-OF-WAY.—
20 ‘‘(1) IN GENERAL.—Notwithstanding subsection
21 (a) or (b), the Secretary shall permit, consistent
22 with section 155, the charging of electric vehicles on
23 rights-of-way of the Interstate System in—
24 ‘‘(A) a rest area; or
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1 ‘‘(B) a fringe or corridor parking facility,
2 including a park and ride facility.
3 ‘‘(2) SAVINGS CLAUSE.—Nothing in this sub-
4 section shall permit commercial activities on rights-
5 of-way of the Interstate System, except as necessary
6 for the charging of electric vehicles in accordance
7 with this subsection.’’.
8 SEC. 1212. NATIONAL HIGHWAY FREIGHT PROGRAM.
9 Section 167 of title 23, United States Code, is
10 amended—
11 (1) in subsection (b)—
12 (A) in paragraph (6) by striking ‘‘; and’’
13 and inserting a semicolon; and
14 (B) by striking paragraph (7) and insert-
15 ing the following:
16 ‘‘(7) to reduce the environmental impacts of
17 freight movement on the National Highway Freight
18 Network, including—
19 ‘‘(A) greenhouse gas emissions;
20 ‘‘(B) local air pollution, including local pol-
21 lution derived from vehicles idling at railway
22 crossings;
23 ‘‘(C) minimizing, capturing, or treating
24 stormwater runoff and addressing other adverse
25 impacts to water quality; and
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1 ‘‘(D) wildlife habitat loss; and
2 ‘‘(8) to decrease any adverse impact of freight
3 transportation on communities located near freight
4 facilities or freight corridors.’’;
5 (2) in subsection (e) by adding at the end the
6 following:
7 ‘‘(3) ADDITIONAL MILEAGE.—Notwithstanding
8 paragraph (2), a State that has designated at least
9 90 percent of its maximum mileage described in
10 paragraph (2) may designate up to an additional
11 150 miles of critical rural freight corridors.’’;
12 (3) in subsection (f) by adding at the end the
13 following:
14 ‘‘(5) ADDITIONAL MILEAGE.—Notwithstanding
15 paragraph (4), a State that has designated at least
16 90 percent of its maximum mileage described in
17 paragraph (4) may designate up to an additional 75
18 miles of critical urban freight corridors under para-
19 graphs (1) and (2).’’;
20 (4) in subsection (h) by striking ‘‘Not later
21 than’’ and all that follows through ‘‘shall prepare’’
22 and inserting ‘‘As part of the report required under
23 section 503(b)(8), the Administrator shall biennially
24 prepare’’;
25 (5) in subsection (i)—
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1 (A) by striking paragraphs (2) and (3);
2 (B) by amending paragraph (4) to read as
3 follows:
4 ‘‘(4) FREIGHT PLANNING.—Notwithstanding
5 any other provision of law, a State may not obligate
6 funds apportioned to the State under section
7 104(b)(5) unless the State has developed, updated,
8 or amended, as applicable, a freight plan in accord-
9 ance with section 70202 of title 49.’’;
10 (C) in paragraph (5)—
11 (i) by striking subparagraph (B) and
12 inserting the following:
13 ‘‘(B) LIMITATION.—The Federal share of
14 a project described in subparagraph (C)(xxiii)
15 shall fund only elements of such project that
16 provide public benefits.’’; and
17 (ii) in subparagraph (C)—
18 (I) in clause (iii) by inserting
19 ‘‘and freight management and oper-
20 ations systems’’ after ‘‘freight trans-
21 portation systems’’; and
22 (II) by amending clause (xxiii) to
23 read as follows:
24 ‘‘(xxiii) Freight intermodal or freight
25 rail projects, including—
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1 ‘‘(I) projects within the bound-
2 aries of public or private freight rail
3 or water facilities (including ports);
4 ‘‘(II) projects that provide sur-
5 face transportation infrastructure nec-
6 essary to facilitate direct intermodal
7 interchange, transfer, and access into
8 or out of the facility; and
9 ‘‘(III) any other surface trans-
10 portation project to improve the flow
11 of freight into or out of a facility de-
12 scribed in subclause (I) or (II).’’;
13 (D) in paragraph (6) by striking ‘‘para-
14 graph (5)’’ and inserting ‘‘paragraph (3)’’; and
15 (E) by redesignating paragraphs (4), (5),
16 (6), and (7) as paragraphs (2), (3), (4), and
17 (5), respectively; and
18 (6) in subsection (k)(1)(A)(ii) by striking
19 ‘‘ports-of entry’’ and inserting ‘‘ports-of-entry’’.
20 SEC. 1213. CARBON POLLUTION REDUCTION.
21 (a) IN GENERAL.—Chapter 1 of title 23, United
22 States Code, is amended by adding at the end the fol-
23 lowing:
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1 ‘‘§ 171. Carbon pollution reduction
2 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab-
3 lish a carbon pollution reduction program to support the
4 reduction of greenhouse gas emissions from the surface
5 transportation system.
6 ‘‘(b) ELIGIBLE PROJECTS.—A project is eligible for
7 funding under this section if such project—
8 ‘‘(1) is expected to yield a significant reduction
9 in greenhouse gas emissions from the surface trans-
10 portation system;
11 ‘‘(2) will help a State meet the greenhouse gas
12 emissions performance targets established under sec-
13 tion 150(c)(7); and
14 ‘‘(3) is—
15 ‘‘(A) eligible for assistance under this title
16 or under chapter 53 of title 49; or
17 ‘‘(B) a capital project, as such term is de-
18 fined in section 22906 of title 49, to improve
19 intercity rail passenger transportation, provided
20 that the project will yield a significant reduction
21 in single occupant vehicle trips and improve
22 mobility on public roads.
23 ‘‘(c) GUIDANCE.—The Secretary shall issue guidance
24 on methods of determining the reduction of single occu-
25 pant vehicle trips and improvement of mobility on public
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1 roads as those factors relate to intercity rail passenger
2 transportation projects under subsection (b)(4).
3 ‘‘(d) OPERATING EXPENSES.—A State may use not
4 more than 10 percent of the funds provided under section
5 104(b)(9) for the operating expenses of public transpor-
6 tation and passenger rail transportation projects.
7 ‘‘(e) SINGLE-OCCUPANCY VEHICLE HIGHWAY FA-
8 CILITIES.—None of the funds provided under this section
9 may be used for a project that will result in the construc-
10 tion of new capacity available to single occupant vehicles
11 unless the project consists of a high occupancy vehicle fa-
12 cility and is consistent with section 166.
13 ‘‘(f) EVALUATION.—
14 ‘‘(1) IN GENERAL.—The Secretary shall annu-
15 ally evaluate the progress of each State in carrying
16 out the program under this section by comparing the
17 percent change in carbon dioxide emissions per cap-
18 ita on public roads in the State calculated as—
19 ‘‘(A) the annual carbon dioxide emissions
20 per capita on public roads in the State for the
21 most recent year for which there is data; di-
22 vided by
23 ‘‘(B) the average annual carbon dioxide
24 emissions per capita on public roads in the
25 State in calendar years 2015 through 2019.
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1 ‘‘(2) MEASURES.—In conducting the evaluation
2 under paragraph (1), the Secretary shall—
3 ‘‘(A) prior to the effective date of the
4 greenhouse gas performance measures under
5 section 150(c)(7), use such data as are avail-
6 able, which may include data on motor fuels
7 usage published by the Federal Highway Ad-
8 ministration and information on emissions fac-
9 tors or coefficients published by the Energy In-
10 formation Administration of the Department of
11 Energy; and
12 ‘‘(B) following the effective date of the
13 greenhouse gas performance measures under
14 section 150(c)(7), use such measures.
15 ‘‘(g) PROGRESS REPORT.—The Secretary shall annu-
16 ally issue a carbon pollution reduction progress report, to
17 be made publicly available on the website of the Depart-
18 ment of Transportation, that includes—
19 ‘‘(1) the results of the evaluation under sub-
20 section (f) for each State; and
21 ‘‘(2) a ranking of all the States by the criteria
22 under subsection (f), with the States that, for the
23 year covered by such report, have the largest per-
24 centage reduction in annual carbon dioxide emissions
25 per capita on public roads being ranked the highest.
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1 ‘‘(h) HIGH-PERFORMING STATES.—
2 ‘‘(1) DESIGNATION.—For purposes of this sec-
3 tion, each State that is 1 of the 15 highest ranked
4 States, as determined under subsection (g)(2), and
5 that achieves a reduction in carbon dioxide emissions
6 per capita on public roads, as determined by the
7 evaluation in subsection (f), shall be designated as a
8 high-performing State for the following fiscal year.
9 ‘‘(2) USE OF FUNDS.—For each State that is
10 designated as a high-performing State under para-
11 graph (1)—
12 ‘‘(A) notwithstanding section 120, the
13 State may use funds made available under this
14 title to pay the non-Federal share of a project
15 under this section during any year for which
16 such State is designated as a high-performing
17 State; and
18 ‘‘(B) notwithstanding section 126, the
19 State may transfer up to 50 percent of funds
20 apportioned under section 104(b)(9) to the pro-
21 gram under section 104(b)(2) in any year for
22 which such State is designated as a high-per-
23 forming State.
24 ‘‘(3) TRANSFER.—For each State that is 1 of
25 the 15 lowest ranked States, as determined under
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1 subsection (g)(2), the Secretary shall transfer 10
2 percent of the amount apportioned to the State
3 under section 104(b)(2) in the fiscal year following
4 the year in which the State is so ranked, not includ-
5 ing amounts set aside under section 133(d)(1)(A)
6 and under section 133(h) or 505(a), to the appor-
7 tionment of the State under section 104(b)(9).
8 ‘‘(4) LIMITATION.—The Secretary shall not
9 conduct a transfer under paragraph (3)—
10 ‘‘(A) until the first fiscal year following the
11 effective date of greenhouse gas performance
12 measures under section 150(c)(7); and
13 ‘‘(B) with respect to a State in any fiscal
14 year following the year in which such State
15 achieves a reduction in carbon dioxide emissions
16 per capita on public roads in such year as de-
17 termined by the evaluation under subsection (f).
18 ‘‘(i) REPORT.—Not later than 2 years after the date
19 of enactment of this section and periodically thereafter,
20 the Secretary, in consultation with the Administrator of
21 the Environmental Protection Agency, shall issue a re-
22 port—
23 ‘‘(1) detailing, based on the best available
24 science, what types of projects eligible for assistance
25 under this section are expected to provide the most
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1 significant greenhouse gas emissions reductions from
2 the surface transportation sector; and
3 ‘‘(2) detailing, based on the best available
4 science, what types of projects eligible for assistance
5 under this section are not expected to provide sig-
6 nificant greenhouse gas emissions reductions from
7 the surface transportation sector.’’.
8 (b) CLERICAL AMENDMENT.—The analysis for chap-
9 ter 1 of title 23, United States Code, is amended by add-
10 ing at the end the following new item:
‘‘171. Carbon pollution reduction.’’.
11 (c) APPLICABILITY.—Subsection (b)(2) of section
12 171 of title 23, United States Code, as added by this sec-
13 tion, shall apply to a State beginning on the first fiscal
14 year following the fiscal year in which the State sets green-
15 house gas performance targets under section 150(d) of
16 title 23, United States Code.
17 SEC. 1214. RECREATIONAL TRAILS.
18 Section 206 of title 23, United States Code, is
19 amended by adding at the end the following:
20 ‘‘(j) USE OF OTHER APPORTIONED FUNDS.—Funds
21 apportioned to a State under section 104(b) that are obli-
22 gated for recreational trails and related projects shall be
23 administered as if such funds were made available for pur-
24 poses described under this section.’’.
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1 SEC. 1215. SAFE ROUTES TO SCHOOL PROGRAM.
2 (a) IN GENERAL.—Chapter 2 of title 23, United
3 States Code, is amended by inserting after section 210 the
4 following:
5 ‘‘§ 211. Safe routes to school program
6 ‘‘(a) PROGRAM.—The Secretary shall carry out a safe
7 routes to school program for the benefit of children in pri-
8 mary, middle, and high schools.
9 ‘‘(b) PURPOSES.—The purposes of the program shall
10 be—
11 ‘‘(1) to enable and encourage children, includ-
12 ing those with disabilities, to walk and bicycle to
13 school;
14 ‘‘(2) to make bicycling and walking to school a
15 safer and more appealing transportation alternative,
16 thereby encouraging a healthy and active lifestyle
17 from an early age; and
18 ‘‘(3) to facilitate the planning, development,
19 and implementation of projects and activities that
20 will improve safety and reduce traffic, fuel consump-
21 tion, and air pollution in the vicinity of schools.
22 ‘‘(c) USE OF FUNDS.—Amounts apportioned to a
23 State under paragraphs (2) and (3) of section 104(b) may
24 be used to carry out projects, programs, and other activi-
25 ties under this section.
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1 ‘‘(d) ELIGIBLE ENTITIES.—Projects, programs, and
2 activities funded under this section may be carried out by
3 eligible entities described under section 133(h)(4)(B) that
4 demonstrate an ability to meet the requirements of this
5 section.
6 ‘‘(e) ELIGIBLE PROJECTS AND ACTIVITIES.—
7 ‘‘(1) INFRASTRUCTURE-RELATED PROJECTS.—
8 ‘‘(A) IN GENERAL.—A State may obligate
9 funds under this section for the planning, de-
10 sign, and construction of infrastructure-related
11 projects that will substantially improve the abil-
12 ity of students to walk and bicycle to school, in-
13 cluding sidewalk improvements, traffic calming
14 and speed reduction improvements, pedestrian
15 and bicycle crossing improvements, on-street bi-
16 cycle facilities, off-street bicycle and pedestrian
17 facilities, secure bicycle parking facilities, and
18 traffic diversion improvements in the vicinity of
19 schools.
20 ‘‘(B) LOCATION OF PROJECTS.—Infra-
21 structure-related projects under subparagraph
22 (A) may be carried out on any public road or
23 any bicycle or pedestrian pathway or trail in the
24 vicinity of schools.
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1 ‘‘(2) NONINFRASTRUCTURE-RELATED ACTIVI-
2 TIES.—In addition to projects described in para-
3 graph (1), a State may obligate funds under this
4 section for noninfrastructure-related activities to en-
5 courage walking and bicycling to school, including—
6 ‘‘(A) public awareness campaigns and out-
7 reach to press and community leaders;
8 ‘‘(B) traffic education and enforcement in
9 the vicinity of schools;
10 ‘‘(C) student sessions on bicycle and pedes-
11 trian safety, health, and environment;
12 ‘‘(D) programs that address personal safe-
13 ty; and
14 ‘‘(E) funding for training, volunteers, and
15 managers of safe routes to school programs.
16 ‘‘(3) SAFE ROUTES TO SCHOOL COORDI-
17 NATOR.—Each State receiving an apportionment
18 under paragraphs (2) and (3) of section 104(b) shall
19 use a sufficient amount of the apportionment to
20 fund a full-time position of coordinator of the
21 State’s safe routes to school program.
22 ‘‘(4) RURAL SCHOOL DISTRICT OUTREACH.—A
23 coordinator described in paragraph (3) shall conduct
24 outreach to ensure that rural school districts in the
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1 State are aware of such State’s safe routes to school
2 program and any funds authorized by this section.
3 ‘‘(f) FEDERAL SHARE.—The Federal share of the
4 cost of a project, program, or activity under this section
5 shall be 100 percent.
6 ‘‘(g) CLEARINGHOUSE.—
7 ‘‘(1) IN GENERAL.—The Secretary shall main-
8 tain a national safe routes to school clearinghouse
9 to—
10 ‘‘(A) develop information and educational
11 programs on safe routes to school; and
12 ‘‘(B) provide technical assistance and dis-
13 seminate techniques and strategies used for
14 successful safe routes to school programs.
15 ‘‘(2) FUNDING.—The Secretary shall carry out
16 this subsection using amounts authorized to be ap-
17 propriated for administrative expenses under section
18 104(a).
19 ‘‘(h) TREATMENT OF PROJECTS.—Notwithstanding
20 any other provision of law, projects carried out under this
21 section shall be treated as projects on a Federal-aid high-
22 way under chapter 1 of this title.
23 ‘‘(i) DEFINITIONS.—In this section, the following
24 definitions apply:
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1 ‘‘(1) IN THE VICINITY OF SCHOOLS.—The term
2 ‘in the vicinity of schools’ means, with respect to a
3 school, the area within bicycling and walking dis-
4 tance of the school (approximately 2 miles).
5 ‘‘(2) PRIMARY, MIDDLE, AND HIGH SCHOOLS.—
6 The term ‘primary, middle, and high schools’ means
7 schools providing education from kindergarten
8 through twelfth grade.’’.
9 (b) TECHNICAL AND CONFORMING AMENDMENTS.—
10 (1) REPEAL.—Section 1404 of SAFETEA–LU
11 (Public Law 109–59; 119 Stat. 1228–1230), and
12 the item relating to such section in the table of con-
13 tents in section 1(b) of such Act, are repealed.
14 (2) ANALYSIS.—The analysis for chapter 2 of
15 title 23, United States Code, is amended by insert-
16 ing after the item relating to section 210 the fol-
17 lowing:
‘‘211. Safe routes to school program.’’.
18 SEC. 1216. BICYCLE TRANSPORTATION AND PEDESTRIAN
19 WALKWAYS.
20 Section 217 of title 23, United States Code, is
21 amended—
22 (1) in subsection (d)—
23 (A) by striking ‘‘104(b)(3)’’ and inserting
24 ‘‘104(b)(4)’’; and
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1 (B) by striking ‘‘a position’’ and inserting
2 ‘‘at least one full-time positions’’;
3 (2) in subsection (e) by striking ‘‘bicycles’’ and
4 inserting ‘‘pedestrians or bicyclists’’ each place such
5 term appears; and
6 (3) in subsection (j) by striking paragraph (2)
7 and inserting the following:
8 ‘‘(2) ELECTRIC BICYCLE.—The term ‘electric
9 bicycle’ means mean a bicycle equipped with fully
10 operable pedals, a saddle or seat for the rider, and
11 an electric motor of less than 750 watts that can
12 safely share a bicycle transportation facility with
13 other users of such facility and meets the require-
14 ments of one of the following three classes:
15 ‘‘(A) CLASS 1 ELECTRIC BICYCLE.—The
16 term ‘class 1 electric bicycle’ means an electric
17 bicycle equipped with a motor that provides as-
18 sistance only when the rider is pedaling, and
19 that ceases to provide assistance when the bicy-
20 cle reaches the speed of 20 miles per hour.
21 ‘‘(B) CLASS 2 ELECTRIC BICYCLE.—The
22 term ‘class 2 electric bicycle’ means an electric
23 bicycle equipped with a motor that may be used
24 exclusively to propel the bicycle, and that is not
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1 capable of providing assistance when the bicycle
2 reaches the speed of 20 miles per hour.
3 ‘‘(C) CLASS 3 ELECTRIC BICYCLE.—The
4 term ‘class 3 electric bicycle’ means an electric
5 bicycle equipped with a motor that provides as-
6 sistance only when the rider is pedaling, and
7 that ceases to provide assistance when the bicy-
8 cle reaches the speed of 28 miles per hour.’’.
9 SEC. 1217. NOISE BARRIERS.
10 (a) PERMITTING USE OF HIGHWAY TRUST FUND
11 FOR CONSTRUCTION OF CERTAIN NOISE BARRIERS.—
12 Section 339(b)(1) of the National Highway System Des-
13 ignation Act of 1995 (23 U.S.C. 109 note) is amended
14 to read as follows:
15 ‘‘(1) GENERAL RULE.—No funds made avail-
16 able out of the Highway Trust Fund may be used
17 to construct a Type II noise barrier (as defined by
18 section 772.5(I) of title 23, Code of Federal Regula-
19 tions) pursuant to subsections (h) and (I) of section
20 109 of title 23, United States Code, unless—
21 ‘‘(A) such a barrier is part of a project ap-
22 proved by the Secretary before November 28,
23 1995; or
24 ‘‘(B) such a barrier separates a highway or
25 other noise corridor from a group of structures
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1 of which the majority of those closest to the
2 highway or noise corridor—
3 ‘‘(i) are residential in nature; and
4 ‘‘(ii) either—
5 ‘‘(I) were constructed before the
6 construction or most recent widening
7 of the highway or noise corridor; or
8 ‘‘(II) are at least 10 years old.’’.
9 (b) ELIGIBILITY FOR SURFACE TRANSPORTATION
10 BLOCK GRANT FUNDS.—Section 133 of title 23, United
11 States Code, is amended—
12 (1) in subsection (b) by adding at the end the
13 following:
14 ‘‘(20) Planning, design, or construction of a
15 Type II noise barrier (as described in section 772.5
16 of title 23, Code of Federal Regulations).’’; and
17 (2) in subsection (c)(2) by inserting ‘‘and para-
18 graph (20)’’ after ‘‘(11)’’.
19 Subtitle C—Project-Level
20 Investments
21 SEC. 1301. PROJECTS OF NATIONAL AND REGIONAL SIG-
22 NIFICANCE.
23 (a) IN GENERAL.—Section 117 of title 23, United
24 States Code, is amended to read as follows:
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1 ‘‘§ 117. Projects of national and regional significance
2 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab-
3 lish a projects of national and regional significance pro-
4 gram under which the Secretary may make grants to, and
5 establish multiyear grant agreements with, eligible entities
6 in accordance with this section.
7 ‘‘(b) APPLICATIONS.—To be eligible for a grant
8 under this section, an eligible entity shall submit to the
9 Secretary an application in such form, in such manner,
10 and containing such information as the Secretary may re-
11 quire.
12 ‘‘(c) GRANT AMOUNTS AND PROJECT COSTS.—
13 ‘‘(1) IN GENERAL.—Each grant made under
14 this section—
15 ‘‘(A) shall be in an amount that is at least
16 $25,000,000; and
17 ‘‘(B) shall be for a project that has eligible
18 project costs that are reasonably anticipated to
19 equal or exceed the lesser of—
20 ‘‘(i) $100,000,000; or
21 ‘‘(ii) in the case of a project—
22 ‘‘(I) located in 1 State or terri-
23 tory, 30 percent of the amount appor-
24 tioned under this chapter to the State
25 or territory in the most recently com-
26 pleted fiscal year; or
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1 ‘‘(II) located in more than 1
2 State or territory, 50 percent of the
3 amount apportioned under this chap-
4 ter to the participating State or terri-
5 tory with the largest apportionment
6 under this chapter in the most re-
7 cently completed fiscal year.
8 ‘‘(2) LARGE PROJECTS.—For a project that has
9 eligible project costs that are reasonably anticipated
10 to equal or exceed $500,000,000, a grant made
11 under this section—
12 ‘‘(A) shall be in an amount sufficient to
13 fully fund the project, or in the case of a public
14 transportation project, a minimum operable
15 segment, in combination with other funding
16 sources, including non-Federal financial com-
17 mitment, identified in the application; and
18 ‘‘(B) may be awarded pursuant to the
19 process under subsection (d), as necessary
20 based on the amount of the grant.
21 ‘‘(d) MULTIYEAR GRANT AGREEMENTS FOR LARGE
22 PROJECTS.—
23 ‘‘(1) IN GENERAL.—A large project that re-
24 ceives a grant under this section may be carried out
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1 through a multiyear grant agreement in accordance
2 with this subsection.
3 ‘‘(2) REQUIREMENTS.—A multiyear grant
4 agreement for a large project shall—
5 ‘‘(A) establish the terms of participation by
6 the Federal Government in the project;
7 ‘‘(B) establish the amount of Federal fi-
8 nancial assistance for the project;
9 ‘‘(C) establish a schedule of anticipated
10 Federal obligations for the project that provides
11 for obligation of the full grant amount by not
12 later than 4 fiscal years after the fiscal year in
13 which the initial amount is provided; and
14 ‘‘(D) determine the period of time for com-
15 pleting the project, even if such period extends
16 beyond the period of an authorization.
17 ‘‘(3) SPECIAL RULES.—
18 ‘‘(A) IN GENERAL.—A multiyear grant
19 agreement under this subsection—
20 ‘‘(i) shall obligate an amount of avail-
21 able budget authority specified in law; and
22 ‘‘(ii) may include a commitment, con-
23 tingent on amounts to be specified in law
24 in advance for commitments under this
25 paragraph, to obligate an additional
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1 amount from future available budget au-
2 thority specified in law.
3 ‘‘(B) CONTINGENT COMMITMENT.—A con-
4 tingent commitment under this subsection is
5 not an obligation of the Federal Government
6 under section 1501 of title 31.
7 ‘‘(C) INTEREST AND OTHER FINANCING
8 COSTS.—
9 ‘‘(i) IN GENERAL.—Interest and other
10 financing costs of carrying out a part of
11 the project within a reasonable time shall
12 be considered a cost of carrying out the
13 project under a multiyear grant agreement,
14 except that eligible costs may not be more
15 than the cost of the most favorable financ-
16 ing terms reasonably available for the
17 project at the time of borrowing.
18 ‘‘(ii) CERTIFICATION.—The applicant
19 shall certify to the Secretary that the ap-
20 plicant has shown reasonable diligence in
21 seeking the most favorable financing
22 terms.
23 ‘‘(4) ADVANCE PAYMENT.—An eligible entity
24 carrying out a large project under a multiyear grant
25 agreement—
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1 ‘‘(A) may use funds made available to the
2 eligible entity under this title or title 49 for eli-
3 gible project costs of the large project; and
4 ‘‘(B) shall be reimbursed, at the option of
5 the eligible entity, for such expenditures from
6 the amount made available under the multiyear
7 grant agreement for the project in that fiscal
8 year or a subsequent fiscal year.
9 ‘‘(e) ELIGIBLE PROJECTS.—
10 ‘‘(1) IN GENERAL.—The Secretary may make a
11 grant under this section only for a project that is a
12 project eligible for assistance under this title or
13 chapter 53 of title 49 and is—
14 ‘‘(A) a bridge project carried out on the
15 National Highway System, or that is eligible to
16 be carried out under section 165;
17 ‘‘(B) a project to improve person through-
18 put that is—
19 ‘‘(i) a highway project carried out on
20 the National Highway System, or that is
21 eligible to be carried out under section
22 165;
23 ‘‘(ii) a public transportation project;
24 or
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1 ‘‘(iii) a capital project, as such term is
2 defined in section 22906 of title 49, to im-
3 prove intercity rail passenger transpor-
4 tation; or
5 ‘‘(C) a project to improve freight through-
6 put that is—
7 ‘‘(i) a highway freight project carried
8 out on the National Highway Freight Net-
9 work established under section 167 or on
10 the National Highway System;
11 ‘‘(ii) a freight intermodal, freight rail,
12 or railway-highway grade crossing or grade
13 separation project; or
14 ‘‘(iii) within the boundaries of a public
15 or private freight rail, water (including
16 ports), or intermodal facility and that is a
17 surface transportation infrastructure
18 project necessary to facilitate direct inter-
19 modal interchange, transfer, or access into
20 or out of the facility.
21 ‘‘(2) LIMITATION.—
22 ‘‘(A) CERTAIN FREIGHT PROJECTS.—
23 Projects described in clauses (ii) and (iii) of
24 paragraph (1)(C) may receive a grant under
25 this section only if—
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1 ‘‘(i) the project will make a significant
2 improvement to the movement of freight
3 on the National Highway System; and
4 ‘‘(ii) the Federal share of the project
5 funds only elements of the project that
6 provide public benefits.
7 ‘‘(B) CERTAIN PROJECTS FOR PERSON
8 THROUGHPUT.—Projects described in clauses
9 (ii) and (iii) of paragraph (1)(B) may receive a
10 grant under this section only if the project will
11 make a significant improvement in mobility on
12 public roads.
13 ‘‘(f) ELIGIBLE PROJECT COSTS.—An eligible entity
14 receiving a grant under this section may use such grant
15 for—
16 ‘‘(1) development phase activities, including
17 planning, feasibility analysis, revenue forecasting,
18 environmental review, preliminary engineering and
19 design work, and other preconstruction activities;
20 and
21 ‘‘(2) construction, reconstruction, rehabilitation,
22 acquisition of real property (including land related
23 to the project and improvements to the land), envi-
24 ronmental mitigation, construction contingencies, ac-
25 quisition of equipment, and operational improve-
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1 ments directly related to improving system perform-
2 ance.
3 ‘‘(g) PROJECT REQUIREMENTS.—The Secretary may
4 select a project described under this section for funding
5 under this section only if the Secretary determines that
6 the project—
7 ‘‘(1) generates significant regional or national
8 economic, mobility, safety, resilience, or environ-
9 mental benefits;
10 ‘‘(2) is cost effective;
11 ‘‘(3) is based on the results of preliminary engi-
12 neering;
13 ‘‘(4) has secured or will secure acceptable levels
14 of non-Federal financial commitments, including—
15 ‘‘(A) one or more stable and dependable
16 sources of funding and financing to construct,
17 maintain, and operate the project; and
18 ‘‘(B) contingency amounts to cover unan-
19 ticipated cost increases;
20 ‘‘(5) cannot be easily and efficiently completed
21 without additional Federal funding or financial as-
22 sistance available to the project sponsor, beyond ex-
23 isting Federal apportionments; and
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1 ‘‘(6) is reasonably expected to begin construc-
2 tion not later than 18 months after the date of obli-
3 gation of funds for the project.
4 ‘‘(h) MERIT CRITERIA AND CONSIDERATIONS.—
5 ‘‘(1) MERIT CRITERIA.—In awarding a grant
6 under this section, the Secretary shall evaluate the
7 following merit criteria:
8 ‘‘(A) The extent to which the project sup-
9 ports achieving a state of good repair.
10 ‘‘(B) The level of benefits the project is ex-
11 pected to generate, including—
12 ‘‘(i) the costs avoided by the preven-
13 tion of closure or reduced use of the asset
14 to be improved by the project;
15 ‘‘(ii) reductions in maintenance costs
16 over the life of the asset;
17 ‘‘(iii) safety benefits, including the re-
18 duction of accidents and related costs;
19 ‘‘(iv) improved person or freight
20 throughput, including congestion reduction
21 and reliability improvements;
22 ‘‘(v) national and regional economic
23 benefits;
24 ‘‘(vi) resilience benefits;
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1 ‘‘(vii) environmental benefits, includ-
2 ing reduction in greenhouse gas emissions
3 and air quality benefits; and
4 ‘‘(viii) benefits to all users of the
5 project, including pedestrian, bicycle, non-
6 vehicular, railroad, and public transpor-
7 tation users.
8 ‘‘(C) How the benefits compare to the
9 costs of the project.
10 ‘‘(D) The average number of people or vol-
11 ume of freight, as applicable, supported by the
12 project, including visitors based on travel and
13 tourism.
14 ‘‘(2) ADDITIONAL CONSIDERATIONS.—In
15 awarding a grant under this section, the Secretary
16 shall also consider the following:
17 ‘‘(A) Whether the project serves low-in-
18 come residents of low-income communities, in-
19 cluding areas of persistent poverty, while not
20 displacing such residents.
21 ‘‘(B) Whether the project uses innovative
22 technologies, innovative design and construction
23 techniques, or pavement materials that dem-
24 onstrate reductions in greenhouse gas emissions
25 through sequestration or innovative manufac-
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1 turing processes and, if so, the degree to which
2 such technologies, techniques, or materials are
3 used.
4 ‘‘(C) Whether the project improves
5 connectivity between modes of transportation
6 moving people or goods in the Nation or region.
7 ‘‘(D) Whether the project provides new or
8 improved connections between at least two met-
9 ropolitan areas with a population of at least
10 500,000.
11 ‘‘(E) Whether the project would replace,
12 reconstruct, or rehabilitate a high-commuter
13 corridor (as such term is defined in section
14 203(a)(6)) that is in poor condition.
15 ‘‘(i) PROJECT SELECTION.—
16 ‘‘(1) EVALUATION.—To evaluate applications
17 for funding under this section, the Secretary shall—
18 ‘‘(A) determine whether a project is eligible
19 for a grant under this section;
20 ‘‘(B) evaluate, through a methodology that
21 is discernible and transparent to the public,
22 how each application addresses the merit cri-
23 teria pursuant to subsection (h);
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1 ‘‘(C) assign a quality rating for each merit
2 criteria for each application based on the eval-
3 uation in subparagraph (B);
4 ‘‘(D) ensure that applications receive final
5 consideration by the Secretary to receive an
6 award under this section only on the basis of
7 such quality ratings and that the Secretary
8 gives final consideration only to applications
9 that meet the minimally acceptable level for
10 each of the merit criteria; and
11 ‘‘(E) award grants only to projects rated
12 highly under the evaluation and rating process.
13 ‘‘(2) CONSIDERATIONS FOR LARGE
14 PROJECTS.—In awarding a grant for a large project,
15 the Secretary shall—
16 ‘‘(A) consider the amount of funds avail-
17 able in future fiscal years for the program
18 under this section; and
19 ‘‘(B) assume the availability of funds in fu-
20 ture fiscal years for the program that extend
21 beyond the period of authorization based on the
22 amount made available for the program in the
23 last fiscal year of the period of authorization.
24 ‘‘(3) GEOGRAPHIC DISTRIBUTION.—In awarding
25 grants under this section, the Secretary shall ensure
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1 geographic diversity and a balance between rural
2 and urban communities among grant recipients over
3 fiscal years 2022 through 2025.
4 ‘‘(4) PUBLICATION OF METHODOLOGY.—
5 ‘‘(A) IN GENERAL.—Prior to the issuance
6 of any notice of funding opportunity for grants
7 under this section, the Secretary shall publish
8 and make publicly available on the Depart-
9 ment’s website—
10 ‘‘(i) a detailed explanation of the
11 merit criteria developed under subsection
12 (h);
13 ‘‘(ii) a description of the evaluation
14 process under this subsection; and
15 ‘‘(iii) how the Secretary shall deter-
16 mine whether a project satisfies each of
17 the requirements under subsection (g).
18 ‘‘(B) UPDATES.—The Secretary shall up-
19 date and make publicly available on the website
20 of the Department of Transportation such in-
21 formation at any time a revision to the informa-
22 tion described in subparagraph (A) is made.
23 ‘‘(C) INFORMATION REQUIRED.—The Sec-
24 retary shall include in the published notice of
25 funding opportunity for a grant under this sec-
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1 tion detailed information on the rating method-
2 ology and merit criteria to be used to evaluate
3 applications, or a reference to the information
4 on the website of the Department of Transpor-
5 tation, as required by subparagraph (A).
6 ‘‘(j) FEDERAL SHARE.—
7 ‘‘(1) IN GENERAL.—The Federal share of the
8 cost of a project carried out with a grant under this
9 section may not exceed 60 percent.
10 ‘‘(2) MAXIMUM FEDERAL INVOLVEMENT.—Fed-
11 eral assistance other than a grant under this section
12 may be used to satisfy the non-Federal share of the
13 cost of a project for which such a grant is made, ex-
14 cept that the total Federal assistance provided for a
15 project receiving a grant under this section may not
16 exceed 80 percent of the total project cost.
17 ‘‘(k) TREATMENT OF PROJECTS.—
18 ‘‘(1) FEDERAL REQUIREMENTS.—The Secretary
19 shall, with respect to a project funded by a grant
20 under this section, apply—
21 ‘‘(A) the requirements of this title to a
22 highway project;
23 ‘‘(B) the requirements of chapter 53 of
24 title 49 to a public transportation project; and
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1 ‘‘(C) the requirements of section 22905 of
2 title 49 to a passenger rail or freight rail
3 project.
4 ‘‘(2) MULTIMODAL PROJECTS.—
5 ‘‘(A) IN GENERAL.—Except as otherwise
6 provided in this paragraph, if an eligible project
7 is a multimodal project, the Secretary shall—
8 ‘‘(i) determine the predominant modal
9 component of the project; and
10 ‘‘(ii) apply the applicable requirements
11 of such predominant modal component to
12 the project.
13 ‘‘(B) EXCEPTIONS.—
14 ‘‘(i) PASSENGER OR FREIGHT RAIL
15 COMPONENT.—For any passenger or
16 freight rail component of a project, the re-
17 quirements of section 22907(j)(2) of title
18 49 shall apply.
19 ‘‘(ii) PUBLIC TRANSPORTATION COM-
20 PONENT.—For any public transportation
21 component of a project, the requirements
22 of section 5333 of title 49 shall apply.
23 ‘‘(C) BUY AMERICA.—In applying the Buy
24 American requirements under section 313 of
25 this title and sections 5320, 22905(a), and
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1 24305(f) of title 49 to a multimodal project
2 under this paragraph, the Secretary shall—
3 ‘‘(i) consider the various modal com-
4 ponents of the project; and
5 ‘‘(ii) seek to maximize domestic jobs.
6 ‘‘(3) FEDERAL-AID HIGHWAY REQUIRE-
7 MENTS.—Notwithstanding any other provision of
8 this subsection, the Secretary shall require recipients
9 of grants under this section to comply with sub-
10 section (a) of section 113 with respect to public
11 transportation projects, passenger rail projects, and
12 freight rail projects, in the same manner that recipi-
13 ents of grants are required to comply with such sub-
14 section for construction work performed on highway
15 projects on Federal-aid highways.
16 ‘‘(l) TIFIA PROGRAM.—At the request of an eligible
17 entity under this section, the Secretary may use amounts
18 awarded to the entity to pay subsidy and administrative
19 costs necessary to provide the entity Federal credit assist-
20 ance under chapter 6 with respect to the project for which
21 the grant was awarded.
22 ‘‘(m) ADMINISTRATION.—Of the amounts made
23 available to carry out this section, the Secretary may use
24 up to $5,000,000 for the costs of administering the pro-
25 gram under this section.
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1 ‘‘(n) TECHNICAL ASSISTANCE.—Of the amounts
2 made available to carry out this section, the Secretary may
3 reserve up to $5,000,000 to provide technical assistance
4 to eligible entities.
5 ‘‘(o) CONGRESSIONAL REVIEW.—
6 ‘‘(1) NOTIFICATION.—Not less than 60 days be-
7 fore making an award under this section, the Sec-
8 retary shall submit to the Committee on Transpor-
9 tation and Infrastructure of the House of Represent-
10 atives and the Committee on Environment and Pub-
11 lic Works, the Committee on Banking, Housing, and
12 Urban Affairs, and the Committee on Commerce,
13 Science, and Transportation of the Senate—
14 ‘‘(A) a list of all applications determined to
15 be eligible for a grant by the Secretary;
16 ‘‘(B) the quality ratings assigned to each
17 application pursuant to subsection (i);
18 ‘‘(C) a list of applications that received
19 final consideration by the Secretary to receive
20 an award under this section;
21 ‘‘(D) each application proposed to be se-
22 lected for a grant award;
23 ‘‘(E) proposed grant amounts, including
24 for each new multiyear grant agreement, the
25 proposed payout schedule for the project; and
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1 ‘‘(F) an analysis of the impacts of any
2 large projects proposed to be selected on exist-
3 ing commitments and anticipated funding levels
4 for the next 4 fiscal years, based on information
5 available to the Secretary at the time of the re-
6 port.
7 ‘‘(2) COMMITTEE REVIEW.—Before the last day
8 of the 60-day period described in paragraph (1),
9 each Committee described in paragraph (1) shall re-
10 view the Secretary’s list of proposed projects.
11 ‘‘(3) CONGRESSIONAL DISAPPROVAL.—The Sec-
12 retary may not make a grant or any other obligation
13 or commitment to fund a project under this section
14 if a joint resolution is enacted disapproving funding
15 for the project before the last day of the 60-day pe-
16 riod described in paragraph (1).
17 ‘‘(p) 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 ‘‘(A) a summary of each application made
24 to the program for the grant application period;
25 and
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1 ‘‘(B) the evaluation and justification for
2 the project selection, including ratings assigned
3 to all applications and a list of applications that
4 received final consideration by the Secretary to
5 receive an award under this section, for the
6 grant application period.
7 ‘‘(2) BRIEFING.—The Secretary shall provide,
8 at the request of a grant applicant under this sec-
9 tion, the opportunity to receive a briefing to explain
10 any reasons the grant applicant was not awarded a
11 grant.
12 ‘‘(q) DEFINITIONS.—In this section:
13 ‘‘(1) AREAS OF PERSISTENT POVERTY.—The
14 term ‘areas of persistent poverty’ has the meaning
15 given such term in section 172(l).
16 ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible en-
17 tity’ means—
18 ‘‘(A) a State or a group of States;
19 ‘‘(B) a unit of local government, including
20 a metropolitan planning organization, or a
21 group of local governments;
22 ‘‘(C) a political subdivision of a State or
23 local government;
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1 ‘‘(D) a special purpose district or public
2 authority with a transportation function, includ-
3 ing a port authority;
4 ‘‘(E) a Tribal government or a consortium
5 of Tribal governments;
6 ‘‘(F) a Federal agency eligible to receive
7 funds under section 201, 203, or 204, including
8 the Army Corps of Engineers, Bureau of Rec-
9 lamation, and the Bureau of Land Manage-
10 ment, that applies jointly with a State or group
11 of States;
12 ‘‘(G) a territory; and
13 ‘‘(H) a multistate or multijurisdictional
14 group of entities described in this paragraph.’’.
15 (b) CLERICAL AMENDMENT.—The analysis for chap-
16 ter 1 of title 23, United States Code, is amended by strik-
17 ing the item relating to section 117 and inserting the fol-
18 lowing:
‘‘117. Projects of national and regional significance.’’.
19 SEC. 1302. COMMUNITY TRANSPORTATION INVESTMENT
20 GRANT PROGRAM.
21 (a) IN GENERAL.—Chapter 1 of title 23, United
22 States Code, as amended by this title, is further amended
23 by adding at the end the following:
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1 ‘‘§ 173. Community transportation investment grant
2 program
3 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab-
4 lish a community transportation investment grant pro-
5 gram to improve surface transportation safety, state of
6 good repair, accessibility, and environmental quality
7 through infrastructure investments.
8 ‘‘(b) GRANT AUTHORITY.—
9 ‘‘(1) IN GENERAL.—In carrying out the pro-
10 gram established under subsection (a), the Secretary
11 shall make grants, on a competitive basis, to eligible
12 entities in accordance with this section.
13 ‘‘(2) GRANT AMOUNT.—The maximum amount
14 of a grant under this section shall be $25,000,000.
15 ‘‘(c) APPLICATIONS.—To be eligible for a grant under
16 this section, an eligible entity shall submit to the Secretary
17 an application in such form, at such time, and containing
18 such information as the Secretary may require.
19 ‘‘(d) ELIGIBLE PROJECT COSTS.—Grant amounts for
20 an eligible project carried out under this section may be
21 used for—
22 ‘‘(1) development phase activities, including
23 planning, feasibility analysis, revenue forecasting,
24 environmental review, preliminary engineering and
25 design work, and other preconstruction activities;
26 and
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1 ‘‘(2) construction, reconstruction, rehabilitation,
2 acquisition of real property (including land related
3 to the project and improvements to such land), envi-
4 ronmental mitigation, construction contingencies, ac-
5 quisition of equipment, and operational improve-
6 ments.
7 ‘‘(e) RURAL AND COMMUNITY SETASIDES.—
8 ‘‘(1) IN GENERAL.—The Secretary shall re-
9 serve—
10 ‘‘(A) not less than 25 percent of the
11 amounts made available to carry out this sec-
12 tion for projects located in rural areas; and
13 ‘‘(B) not less than 25 percent of the
14 amounts made available to carry out this sec-
15 tion for projects located in urbanized areas with
16 a population greater than 49,999 individuals
17 and fewer than 200,001 individuals.
18 ‘‘(2) DEFINITION OF RURAL AREA.—In this
19 subsection, the term ‘rural area’ means all areas of
20 a State or territory not included in urbanized areas.
21 ‘‘(3) EXCESS FUNDING.—If the Secretary de-
22 termines that there are insufficient qualified appli-
23 cants to use the funds set aside under this sub-
24 section, the Secretary may use such funds for grants
25 for any projects eligible under this section.
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1 ‘‘(f) EVALUATION.—To evaluate applications under
2 this section, the Secretary shall—
3 ‘‘(1) develop a process to objectively evaluate
4 applications on the benefits of the project proposed
5 in such application—
6 ‘‘(A) to transportation safety, including re-
7 ductions in traffic fatalities and serious injuries;
8 ‘‘(B) to state of good repair, including im-
9 proved condition of bridges and pavements;
10 ‘‘(C) to transportation system access, in-
11 cluding improved access to jobs and services;
12 and
13 ‘‘(D) in reducing greenhouse gas emis-
14 sions;
15 ‘‘(2) develop a rating system to assign a nu-
16 meric value to each application, based on each of the
17 criteria described in paragraph (1);
18 ‘‘(3) for each application submitted, compare
19 the total benefits of the proposed project, as deter-
20 mined by the rating system developed under para-
21 graph (2), with the costs of such project, and rank
22 each application based on the results of the compari-
23 son; and
24 ‘‘(4) ensure that only such applications that are
25 ranked highly based on the results of the comparison
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1 conducted under paragraph (3) are considered to re-
2 ceive a grant under this section.
3 ‘‘(g) WEIGHTING.—In establishing the evaluation
4 process under subsection (f), the Secretary may assign dif-
5 ferent weights to the criteria described in subsection (f)(1)
6 based on project type, population served by a project, and
7 other context-sensitive considerations, provided that—
8 ‘‘(1) each application is rated on all criteria de-
9 scribed in subsection (f)(1); and
10 ‘‘(2) each application has the same possible
11 minimum and maximum rating, regardless of any
12 differences in the weighting of criteria.
13 ‘‘(h) TRANSPARENCY.—
14 ‘‘(1) PUBLICLY AVAILABLE INFORMATION.—
15 Prior to the issuance of any notice of funding oppor-
16 tunity under this section, the Secretary shall make
17 publicly available on the website of the Department
18 of Transportation a detailed explanation of the eval-
19 uation and rating process developed under sub-
20 section (f), including any differences in the
21 weighting of criteria pursuant to subsection (g), if
22 applicable, and update such website for each revision
23 of the evaluation and rating process.
24 ‘‘(2) NOTIFICATIONS TO CONGRESS.—The Sec-
25 retary shall submit to the Committee on Transpor-
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1 tation and Infrastructure of the House of Represent-
2 atives, the Committee on Environment and Public
3 Works of the Senate, the Committee on Banking,
4 Housing, and Urban Affairs of the Senate, and the
5 Committee on Commerce, Science, and Transpor-
6 tation of the Senate the following written notifica-
7 tions:
8 ‘‘(A) A notification when the Secretary
9 publishes or updates the information required
10 under paragraph (1).
11 ‘‘(B) Not later than 30 days prior to the
12 date on which the Secretary awards a grant
13 under this section, a notification that in-
14 cludes—
15 ‘‘(i) the ratings of each application
16 submitted pursuant to subsection (f)(2);
17 ‘‘(ii) the ranking of each application
18 submitted pursuant to subsection (f)(3);
19 and
20 ‘‘(iii) a list of all applications that re-
21 ceive final consideration by the Secretary
22 to receive an award under this section pur-
23 suant to subsection (f)(4).
24 ‘‘(C) Not later than 3 business days prior
25 to the date on which the Secretary announces
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1 the award of a grant under this section, a noti-
2 fication describing each grant to be awarded,
3 including the amount and the recipient.
4 ‘‘(i) TECHNICAL ASSISTANCE.—Of the amounts
5 made available to carry out this section, the Secretary may
6 reserve up to $3,000,000 to provide technical assistance
7 to eligible entities.
8 ‘‘(j) ADMINISTRATION.—Of the amounts made avail-
9 able to carry out this section, the Secretary may reserve
10 up to $5,000,000 for the administrative costs of carrying
11 out the program under this section.
12 ‘‘(k) TREATMENT OF PROJECTS.—
13 ‘‘(1) FEDERAL REQUIREMENTS.—The Secretary
14 shall, with respect to a project funded by a grant
15 under this section, apply—
16 ‘‘(A) the requirements of this title to a
17 highway project;
18 ‘‘(B) the requirements of chapter 53 of
19 title 49 to a public transportation project; and
20 ‘‘(C) the requirements of section 22905 of
21 title 49 to a passenger rail or freight rail
22 project.
23 ‘‘(2) MULTIMODAL PROJECTS.—
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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 American requirements under section 313 of
21 this title and sections 5320, 22905(a), and
22 24305(f) of title 49 to a multimodal project
23 under this paragraph, the Secretary shall—
24 ‘‘(i) consider the various modal com-
25 ponents of the project; and
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1 ‘‘(ii) seek to maximize domestic jobs.
2 ‘‘(3) FEDERAL-AID HIGHWAY REQUIRE-
3 MENTS.—Notwithstanding any other provision of
4 this subsection, the Secretary shall require recipients
5 of grants under this section to comply with sub-
6 section (a) of section 113 with respect to public
7 transportation projects, passenger rail projects, and
8 freight rail projects, in the same manner that recipi-
9 ents of grants are required to comply with such sub-
10 section for construction work performed on highway
11 projects on Federal-aid highways.
12 ‘‘(l) TRANSPARENCY.—
13 ‘‘(1) IN GENERAL.—Not later than 30 days
14 after awarding a grant for a project under this sec-
15 tion, the Secretary shall send to all applicants, and
16 publish on the website of the Department of Trans-
17 portation—
18 ‘‘(A) a summary of each application made
19 to the program for the grant application period;
20 and
21 ‘‘(B) the evaluation and justification for
22 the project selection, including ratings and
23 rankings assigned to all applications and a list
24 of applications that received final consideration
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1 by the Secretary to receive an award under this
2 section, for the grant application period.
3 ‘‘(2) BRIEFING.—The Secretary shall provide,
4 at the request of a grant applicant under this sec-
5 tion, the opportunity to receive a briefing to explain
6 any reasons the grant applicant was not awarded a
7 grant.
8 ‘‘(m) DEFINITIONS.—In this section:
9 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en-
10 tity’ means—
11 ‘‘(A) a metropolitan planning organization;
12 ‘‘(B) a unit of local government;
13 ‘‘(C) a transit agency;
14 ‘‘(D) a Tribal Government or a consortium
15 of Tribal governments;
16 ‘‘(E) a multijurisdictional group of entities
17 described in this paragraph;
18 ‘‘(F) a special purpose district with a
19 transportation function or a port authority;
20 ‘‘(G) a territory; or
21 ‘‘(H) a State that applies for a grant
22 under this section jointly with an entity de-
23 scribed in subparagraphs (A) through (G).
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1 ‘‘(2) ELIGIBLE PROJECT.—The term ‘eligible
2 project’ means any project eligible under this title or
3 chapter 53 of title 49.’’.
4 (b) CLERICAL AMENDMENT.—The analysis for chap-
5 ter 1 of title 23, United States Code, is further amended
6 by adding at the end the following new item:
‘‘173. Community transportation investment grant program.’’.
7 SEC. 1303. GRANTS FOR CHARGING AND FUELING INFRA-
8 STRUCTURE TO MODERNIZE AND RECON-
9 NECT AMERICA FOR THE 21ST CENTURY.
10 (a) PURPOSE.—The purpose of this section is to es-
11 tablish a grant program to strategically deploy electric ve-
12 hicle charging infrastructure, natural gas fueling, propane
13 fueling, and hydrogen fueling infrastructure along des-
14 ignated alternative fuel corridors that will be accessible to
15 all drivers of electric vehicles, natural gas vehicles, pro-
16 pane vehicles, and hydrogen vehicles.
17 (b) GRANT PROGRAM.—Section 151 of title 23,
18 United States Code, is amended—
19 (1) in subsection (a) by striking ‘‘Not later
20 than 1 year after the date of enactment of the
21 FAST Act, the Secretary shall’’ and inserting ‘‘The
22 Secretary shall periodically’’;
23 (2) in subsection (b)(2) by inserting ‘‘previously
24 designated by the Federal Highway Administration
25 or’’ after ‘‘fueling corridors’’;
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1 (3) in subsection (d)—
2 (A) by striking ‘‘5 years after the date of
3 establishment of the corridors under subsection
4 (a), and every 5 years thereafter’’ and inserting
5 ‘‘180 days after the date of enactment of the
6 INVEST in America Act’’; and
7 (B) by inserting ‘‘establish a recurring
8 process to regularly’’ after ‘‘the Secretary
9 shall’’;
10 (4) in subsection (e)—
11 (A) in paragraph (1) by striking ‘‘; and’’
12 and inserting a semicolon;
13 (B) in paragraph (2)—
14 (i) by striking ‘‘establishes an aspira-
15 tional goal of achieving’’ and inserting ‘‘de-
16 scribes efforts to achieve’’; and
17 (ii) by striking ‘‘by the end of fiscal
18 year 2020.’’ and inserting a semicolon; and
19 (C) by adding at the end the following:
20 ‘‘(3) summarizes best practices and provides
21 guidance, developed through consultation with the
22 Secretary of Energy, for project development of elec-
23 tric vehicle charging infrastructure, hydrogen fueling
24 infrastructure, and natural gas fueling infrastruc-
25 ture at the State, tribal, and local level to allow for
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1 the predictable deployment of such infrastructure;
2 and
3 ‘‘(4) summarizes the progress and implementa-
4 tion of the grant program under subsection (f), in-
5 cluding—
6 ‘‘(A) a description of how funds awarded
7 through the grant program under subsection (f)
8 will aid efforts to achieve strategic deployment
9 of electric vehicle charging infrastructure, nat-
10 ural gas fueling, propane fueling, and hydrogen
11 fueling infrastructure in those corridors;
12 ‘‘(B) the total number and location of
13 charging and fueling stations installed under
14 subsection (f); and
15 ‘‘(C) the total estimated greenhouse gas
16 emissions that have been reduced through the
17 use of electric vehicle charging, natural gas
18 fueling, propane fueling, or hydrogen fueling in-
19 frastructure funded under subsection (f) using
20 the methodology identified in paragraph
21 (3)(B).’’; and
22 (5) by adding at the end the following:
23 ‘‘(f) ELECTRIC VEHICLE CHARGING, NATURAL GAS
24 FUELING, PROPANE FUELING, AND HYDROGEN FUELING
25 INFRASTRUCTURE GRANTS.—
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1 ‘‘(1) ESTABLISHMENT.—Not later than 1 year
2 after the date of enactment of the INVEST in
3 America Act, the Secretary shall establish a grant
4 program to award grants to eligible entities for elec-
5 tric vehicle charging, natural gas fueling, propane
6 fueling, and hydrogen fueling infrastructure projects.
7 ‘‘(2) ELIGIBLE ENTITY.—An entity eligible to
8 receive a grant under this subsection is—
9 ‘‘(A) a State (as such term is defined in
10 section 401) or political subdivision of a State;
11 ‘‘(B) a metropolitan planning organization;
12 ‘‘(C) a unit of local government;
13 ‘‘(D) a special purpose district or public
14 authority with a transportation function, includ-
15 ing a port authority;
16 ‘‘(E) a Tribal government;
17 ‘‘(F) an authority, agency, or instrumen-
18 tality of, or an entity owned by, one or more of
19 the entities described in subparagraphs (A)
20 through (E); or
21 ‘‘(G) a group of entities described in sub-
22 paragraphs (A) through (F).
23 ‘‘(3) APPLICATION.—To be eligible to receive a
24 grant under this subsection, an eligible entity shall
25 submit to the Secretary an application at such time,
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1 in such manner, and containing such information as
2 the Secretary shall require, including—
3 ‘‘(A) a description of—
4 ‘‘(i) the public accessibility of the
5 charging or fueling infrastructure proposed
6 to be funded with a grant under this sub-
7 section, including—
8 ‘‘(I) charging or fueling con-
9 nector types;
10 ‘‘(II) publicly available informa-
11 tion on real-time availability; and
12 ‘‘(III) payment methods available
13 to all members of the public to ensure
14 secure, convenient, fair, and equal ac-
15 cess and not limited by membership to
16 a particular provider;
17 ‘‘(ii) collaborative engagement with
18 the entity with jurisdiction over the road-
19 way and any other relevant stakeholders
20 (including automobile manufacturers, utili-
21 ties, infrastructure providers, technology
22 providers, electric charging, natural gas,
23 propane, and hydrogen fuel providers, met-
24 ropolitan planning organizations, States,
25 Indian Tribes, units of local government,
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1 fleet owners, fleet managers, fuel station
2 owners and operators, labor organizations,
3 environmental and environmental justice
4 organizations, infrastructure construction
5 and component parts suppliers, and
6 multistate and regional entities)—
7 ‘‘(I) to foster enhanced, coordi-
8 nated, public-private or private invest-
9 ment in electric vehicle charging, nat-
10 ural gas fueling, propane fueling, and
11 hydrogen fueling infrastructure;
12 ‘‘(II) to expand deployment of
13 electric vehicle charging, natural gas
14 fueling, propane fueling, or hydrogen
15 fueling infrastructure;
16 ‘‘(III) to protect personal privacy
17 and ensure cybersecurity; and
18 ‘‘(IV) to ensure that a properly
19 trained workforce is available to con-
20 struct and install electric vehicle
21 charging, natural gas fueling, propane
22 fueling, or hydrogen fueling infra-
23 structure;
24 ‘‘(iii) the location of the station or
25 fueling site, including consideration of—
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1 ‘‘(I) the availability of onsite
2 amenities for vehicle operators, includ-
3 ing restrooms or food facilities;
4 ‘‘(II) access in compliance with
5 the Americans with Disabilities Act of
6 1990 (42 U.S.C. 12101 et seq.);
7 ‘‘(III) height and fueling capacity
8 requirements for facilities that charge
9 or refuel large vehicles, including
10 semitrailer trucks; and
11 ‘‘(IV) appropriate distribution to
12 avoid redundancy and fill charging or
13 fueling gaps;
14 ‘‘(iv) infrastructure installation that
15 can be responsive to technology advance-
16 ments, including accommodating autono-
17 mous vehicles and future charging meth-
18 ods;
19 ‘‘(v) the long-term operation and
20 maintenance of the electric vehicle charg-
21 ing or hydrogen fueling infrastructure to
22 avoid stranded assets and protect the in-
23 vestment of public funds in such infra-
24 structure; and
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1 ‘‘(vi) in the case of an applicant that
2 is not a State department of transpor-
3 tation, the degree of coordination with the
4 applicable State department of transpor-
5 tation; and
6 ‘‘(B) an assessment of the estimated
7 greenhouse gas emissions and air pollution from
8 vehicle emissions that will be reduced through
9 the use of electric vehicle charging, natural gas
10 fueling, propane fueling, or hydrogen fueling in-
11 frastructure, which shall be conducted using
12 one standardized methodology or tool as deter-
13 mined by the Secretary.
14 ‘‘(4) CONSIDERATIONS.—In selecting eligible
15 entities to receive a grant under this subsection, the
16 Secretary shall—
17 ‘‘(A) consider the extent to which the ap-
18 plication of the eligible entity would—
19 ‘‘(i) reduce estimated greenhouse gas
20 emissions and air pollution from vehicle
21 emissions, weighted by the total Federal
22 investment in the project;
23 ‘‘(ii) improve alternative fueling cor-
24 ridor networks by—
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1 ‘‘(I) converting corridor-pending
2 corridors to corridor-ready corridors;
3 or
4 ‘‘(II) in the case of corridor-
5 ready corridors, providing additional
6 capacity—
7 ‘‘(aa) to meet excess demand
8 for charging or fueling infra-
9 structure;
10 ‘‘(bb) to reduce congestion
11 at existing charging or fueling in-
12 frastructure in high-traffic loca-
13 tions; or
14 ‘‘(cc) to provide charging
15 stations that support charging
16 needs for current and future ve-
17 hicles and minimize future up-
18 grade costs;
19 ‘‘(iii) meet current or anticipated mar-
20 ket demands for charging or fueling infra-
21 structure, including faster charging speeds;
22 ‘‘(iv) enable or accelerate the con-
23 struction of charging or fueling infrastruc-
24 ture that would be unlikely to be completed
25 without Federal assistance;
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1 ‘‘(v) support a long-term competitive
2 market for electric vehicle charging infra-
3 structure, natural gas fueling, propane
4 fueling, or hydrogen fueling infrastructure
5 that does not significantly impair existing
6 electric vehicle charging or hydrogen fuel-
7 ing infrastructure providers;
8 ‘‘(vi) reduce greenhouse gas emissions
9 in established goods-movement corridors,
10 locations serving first- and last-mile freight
11 near ports and freight hubs, and locations
12 that optimize infrastructure networks and
13 reduce hazardous air pollutants in commu-
14 nities disproportionately impacted by such
15 pollutants;
16 ‘‘(vii) plans for the use of renewable
17 energy sources or zero emissions energy
18 sources for the charging or fueling infra-
19 structure; and
20 ‘‘(viii) provide publicly available elec-
21 tric vehicle charging placement and con-
22 struction in communities in which climate
23 change, pollution, or environmental de-
24 struction have exacerbated systemic racial,
25 regional, social, environmental, and eco-
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1 nomic injustices by disproportionately af-
2 fecting indigenous peoples, communities of
3 color, migrant communities,
4 deindustrialized communities, depopulated
5 rural communities, the poor low income
6 workers, women, the elderly, the unhoused,
7 individuals with disabilities, or youth; and
8 ‘‘(B) ensure, to the maximum extent prac-
9 ticable, geographic diversity among grant recipi-
10 ents to ensure that electric vehicle charging in-
11 frastructure or hydrogen fueling infrastructure
12 is available throughout the United States.
13 ‘‘(5) USE OF FUNDS.—
14 ‘‘(A) IN GENERAL.—Any grant made
15 under this subsection shall be—
16 ‘‘(i) directly related to the charging or
17 fueling of a vehicle; and
18 ‘‘(ii) only for charging or fueling in-
19 frastructure that is open to the general
20 public.
21 ‘‘(B) LOCATION OF INFRASTRUCTURE.—
22 ‘‘(i) IN GENERAL.—Any electric vehi-
23 cle charging, natural gas fueling, propane
24 fueling, or hydrogen fueling infrastructure
25 acquired and installed with a grant under
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1 this subsection shall be located along an al-
2 ternative fuel corridor designated under
3 this section or by a State or group of
4 States.
5 ‘‘(ii) EXCEPTION.—Notwithstanding
6 clause (i), the Secretary may make a grant
7 for electric vehicle charging or hydrogen
8 fueling infrastructure not on a designated
9 alternative fuel corridor if the applicant
10 demonstrates that the proposed charging
11 or fueling infrastructure would expand de-
12 ployment of electric vehicle charging or hy-
13 drogen fueling to a greater number of
14 users than investments on such corridor.
15 ‘‘(C) OPERATING ASSISTANCE.—
16 ‘‘(i) IN GENERAL.—Subject to clauses
17 (ii) and (iii), an eligible entity that receives
18 a grant under this subsection may use a
19 portion of the funds for operating assist-
20 ance for the first 5 years of operations
21 after the installation of electric vehicle
22 charging, natural gas fueling, propane fuel-
23 ing, or hydrogen fueling infrastructure
24 while the facility transitions to independent
25 system operations.
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1 ‘‘(ii) INCLUSION.—Operating assist-
2 ance under this subparagraph shall be lim-
3 ited to costs allocable to operating and
4 maintaining the electric vehicle charging,
5 natural gas fueling, propane fueling, or hy-
6 drogen fueling infrastructure and service.
7 ‘‘(iii) LIMITATION.—Operating assist-
8 ance under this subparagraph may not ex-
9 ceed the amount of a contract under sub-
10 paragraph (A) to acquire and install elec-
11 tric vehicle charging, natural gas fueling,
12 propane fueling, or hydrogen fueling infra-
13 structure.
14 ‘‘(D) SIGNS.—
15 ‘‘(i) IN GENERAL.—Subject to this
16 paragraph and paragraph (6)(B), an eligi-
17 ble entity that receives a grant under this
18 subsection may use a portion of the funds
19 to acquire and install—
20 ‘‘(I) traffic control devices lo-
21 cated in the right-of-way to provide
22 directional information to electric ve-
23 hicle charging, natural gas fueling,
24 propane fueling, or hydrogen fueling
25 infrastructure acquired, installed, or
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1 operated with the grant under this
2 subsection; and
3 ‘‘(II) on-premises signs to pro-
4 vide information about electric vehicle
5 charging, natural gas fueling, propane
6 fueling, or hydrogen fueling infra-
7 structure acquired, installed, or oper-
8 ated with a grant under this sub-
9 section.
10 ‘‘(ii) REQUIREMENT.—Any traffic
11 control device or on-premises sign ac-
12 quired, installed, or operated with a grant
13 under this subsection shall comply with the
14 Manual on Uniform Traffic Control De-
15 vices, if located in the highway right-of-
16 way.
17 ‘‘(E) REVENUE.—An eligible entity receiv-
18 ing a grant under this subsection and a private
19 entity referred to in subparagraph (F) may
20 enter into a cost-sharing agreement under
21 which the private entity submits to the eligible
22 entity a portion of the revenue from the electric
23 vehicle charging, natural gas fueling, propane
24 fueling, or hydrogen fueling infrastructure.
25 ‘‘(F) PRIVATE ENTITY.—
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1 ‘‘(i) IN GENERAL.—An eligible entity
2 receiving a grant under this subsection
3 may use the funds in accordance with this
4 paragraph to contract with a private entity
5 for installation, operation, or maintenance
6 of electric vehicle charging, natural gas
7 fueling, propane fueling, or hydrogen fuel-
8 ing infrastructure.
9 ‘‘(ii) INCLUSION.—An eligible private
10 entity includes privately, publicly, or coop-
11 eratively owned utilities, private electric ve-
12 hicle service equipment and hydrogen fuel-
13 ing infrastructure providers, and retail fuel
14 stations.
15 ‘‘(6) PROJECT REQUIREMENTS.—
16 ‘‘(A) IN GENERAL.—Notwithstanding any
17 other provision of law, any project funded by a
18 grant under this subsection shall be treated as
19 a project on a Federal-aid highway.
20 ‘‘(B) ELECTRIC VEHICLE CHARGING
21 PROJECTS.—A project for electric vehicle charg-
22 ing infrastructure funded by a grant under this
23 subsection shall be subject to the requirements
24 of section 155.
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1 ‘‘(7) FEDERAL SHARE.—The Federal share of
2 the cost of a project carried out with a grant under
3 this subsection shall not exceed 80 percent of the
4 total project cost.
5 ‘‘(8) STUDY BY THE NATIONAL ACADEMIES.—
6 ‘‘(A) IN GENERAL.—The Secretary shall
7 seek to enter into an agreement with the Na-
8 tional Academies for the Transportation Re-
9 search Board of the National Academy of
10 Sciences shall—
11 ‘‘(i) conduct a study on options for fi-
12 nancing the placement of a national net-
13 work of publicly available EV charging in-
14 frastructure along all eligible roads on the
15 National Highway System that includes
16 consideration of financial instruments and
17 optimization of public-private partnerships;
18 and
19 ‘‘(ii) conduct a study to determine the
20 maximum distance allowable between pub-
21 licly available EV charging infrastructure,
22 such that—
23 ‘‘(I) a driver starting at any
24 point along an eligible road on the
25 National Highway System within the
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1 continental United States can drive to
2 any other point along an eligible road
3 on the National Highway System
4 without running out of a charging
5 power; and
6 ‘‘(II) a driver starting at any
7 point along an eligible road on the
8 National Highway System within Ha-
9 waii, Alaska, or Puerto Rico can drive
10 to any other point along an eligible
11 road on the National Highway System
12 within that same state or territory
13 without running out of charging
14 power.
15 ‘‘(B) SUBMISSION TO CONGRESS.—Not
16 later than 2 years after the date of enactment
17 of this subsection, the Secretary shall submit to
18 Congress the results of the studies commis-
19 sioned under subparagraph (A).’’.
20 SEC. 1304. COMMUNITY CLIMATE INNOVATION GRANTS.
21 (a) IN GENERAL.—Chapter 1 of title 23, United
22 States Code, as amended by this title, is further amended
23 by inserting after section 171 the following:
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1 ‘‘§ 172. Community climate innovation grants
2 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab-
3 lish a community climate innovation grant program (in
4 this section referred to as the ‘Program’) to make grants,
5 on a competitive basis, for locally selected projects that
6 reduce greenhouse gas emissions while improving the mo-
7 bility, accessibility, and connectivity of the surface trans-
8 portation system.
9 ‘‘(b) PURPOSE.—The purpose of the Program shall
10 be to support communities in reducing greenhouse gas
11 emissions from the surface transportation system.
12 ‘‘(c) ELIGIBLE APPLICANTS.—The Secretary may
13 make grants under the Program to the following entities:
14 ‘‘(1) A metropolitan planning organization.
15 ‘‘(2) A unit of local government or a group of
16 local governments, or a county or multi-county spe-
17 cial district.
18 ‘‘(3) A subdivision of a local government.
19 ‘‘(4) A transit agency.
20 ‘‘(5) A special purpose district with a transpor-
21 tation function or a port authority.
22 ‘‘(6) A Tribal government or a consortium of
23 tribal governments.
24 ‘‘(7) A territory.
25 ‘‘(8) A multijurisdictional group of entities de-
26 scribed in paragraphs (1) through (7).
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1 ‘‘(d) APPLICATIONS.—To be eligible for a grant
2 under the Program, an entity specified in subsection (c)
3 shall submit to the Secretary an application in such form,
4 at such time, and containing such information as the Sec-
5 retary determines appropriate.
6 ‘‘(e) ELIGIBLE PROJECTS.—The Secretary may only
7 provide a grant under the Program for a project that is
8 expected to yield a significant reduction in greenhouse gas
9 emissions from the surface transportation system and—
10 ‘‘(1) is a project eligible for assistance under
11 this title or under chapter 53 of title 49 or supports
12 fueling infrastructure for fuels defined under section
13 9001(5) of the Farm Security and Rural Investment
14 Act of 2002 (7 U.S.C. 8101(5)); or
15 ‘‘(2) is a capital project as defined in section
16 22906 of title 49 to improve intercity passenger rail
17 that will yield a significant reduction in single occu-
18 pant vehicle trips and improve mobility on public
19 roads.
20 ‘‘(f) ELIGIBLE USES.—Grant amounts received for a
21 project under the Program may be used for—
22 ‘‘(1) development phase activities, including
23 planning, feasibility analysis, revenue forecasting,
24 environmental review, preliminary engineering and
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1 design work, and other preconstruction activities;
2 and
3 ‘‘(2) construction, reconstruction, rehabilitation,
4 acquisition of real property (including land related
5 to the project and improvements to the land), envi-
6 ronmental mitigation, construction contingencies, ac-
7 quisition of equipment, and operational improve-
8 ments.
9 ‘‘(g) PROJECT PRIORITIZATION.—In making grants
10 for projects under the Program, the Secretary shall give
11 priority to projects that are expected to yield the most sig-
12 nificant reductions in greenhouse gas emissions from the
13 surface transportation system.
14 ‘‘(h) ADDITIONAL CONSIDERATIONS.—In making
15 grants for projects under the Program, the Secretary shall
16 consider the extent to which—
17 ‘‘(1) a project maximizes greenhouse gas reduc-
18 tions in a cost-effective manner;
19 ‘‘(2) a project reduces dependence on single-oc-
20 cupant vehicle trips or provides additional transpor-
21 tation options;
22 ‘‘(3) a project improves the connectivity and ac-
23 cessibility of the surface transportation system, par-
24 ticularly to low- and zero-emission forms of trans-
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1 portation, including public transportation, walking,
2 and bicycling;
3 ‘‘(4) an applicant has adequately considered or
4 will adequately consider, including through the op-
5 portunity for public comment, the environmental jus-
6 tice and equity impacts of the project;
7 ‘‘(5) a project contributes to geographic diver-
8 sity among grant recipients, including to achieve a
9 balance between urban, suburban, and rural commu-
10 nities;
11 ‘‘(6) a project serves low-income residents of
12 low-income communities, including areas of per-
13 sistent poverty, while not displacing such residents;
14 ‘‘(7) a project uses pavement materials that
15 demonstrate reductions in greenhouse gas emissions
16 through sequestration or innovative manufacturing
17 processes;
18 ‘‘(8) a project repurposes neglected or
19 underused infrastructure, including abandoned high-
20 ways, bridges, railways, trail ways, and adjacent
21 underused spaces, into new hybrid forms of public
22 space that support multiple modes of transportation;
23 and
24 ‘‘(9) a project includes regional multimodal
25 transportation system management and operations
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1 elements that will improve the effectiveness of such
2 project and encourage reduction of single occupancy
3 trips by providing the ability of users to plan, use,
4 and pay for multimodal transportation alternatives.
5 ‘‘(i) FUNDING.—
6 ‘‘(1) MAXIMUM AMOUNT.—The maximum
7 amount of a grant under the Program shall be
8 $25,000,000.
9 ‘‘(2) TECHNICAL ASSISTANCE.—Of the amounts
10 made available to carry out the Program, the Sec-
11 retary may use up to 1 percent to provide technical
12 assistance to applicants and potential applicants.
13 ‘‘(j) TREATMENT OF PROJECTS.—
14 ‘‘(1) FEDERAL REQUIREMENTS.—The Secretary
15 shall, with respect to a project funded by a grant
16 under this section, apply—
17 ‘‘(A) the requirements of this title to a
18 highway project;
19 ‘‘(B) the requirements of chapter 53 of
20 title 49 to a public transportation project; and
21 ‘‘(C) the requirements of section 22905 of
22 title 49 to a passenger rail or freight rail
23 project.
24 ‘‘(2) MULTIMODAL PROJECTS.—
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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 American requirements under section 313 of
21 this title and sections 5320, 22905(a), and
22 24305(f) of title 49 to a multimodal project
23 under this paragraph, the Secretary shall—
24 ‘‘(i) consider the various modal com-
25 ponents of the project; and
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1 ‘‘(ii) seek to maximize domestic jobs.
2 ‘‘(3) FEDERAL-AID HIGHWAY REQUIRE-
3 MENTS.—Notwithstanding any other provision of
4 this subsection, the Secretary shall require recipients
5 of grants under this section to comply with sub-
6 section (a) of section 113 with respect to public
7 transportation projects, passenger rail projects, and
8 freight rail projects, in the same manner that recipi-
9 ents of grants are required to comply with such sub-
10 section for construction work performed on highway
11 projects on Federal-aid highways.
12 ‘‘(k) SINGLE-OCCUPANCY VEHICLE HIGHWAY FA-
13 CILITIES.—None of the funds provided under this section
14 may be used for a project that will result in the construc-
15 tion of new capacity available to single occupant vehicles
16 unless the project consists of a high-occupancy vehicle fa-
17 cility and is consistent with section 166.
18 ‘‘(l) DEFINITION OF AREAS OF PERSISTENT POV-
19 ERTY.—In this section, the term ‘areas of persistent pov-
20 erty’ means—
21 ‘‘(1) any county that has had 20 percent or
22 more of the population of such county living in pov-
23 erty over the past 30 years, as measured by the
24 1990 and 2000 decennial censuses and the most re-
25 cent Small Area Income and Poverty Estimates;
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1 ‘‘(2) any census tract with a poverty rate of at
2 least 20 percent, as measured by the most recent 5-
3 year data series available from the American Com-
4 munity Survey of the Bureau of the Census for all
5 States and Puerto Rico; or
6 ‘‘(3) any other territory or possession of the
7 United States that has had 20 percent or more of
8 its population living in poverty over the past 30
9 years, as measured by the 1990, 2000, and 2010 is-
10 land areas decennial censuses, or equivalent data, of
11 the Bureau of the Census.
12 ‘‘(m) PUBLIC COMMENT.—Prior to issuing the notice
13 of funding opportunity for funding under this section for
14 fiscal year 2022, the Secretary, in consultation with the
15 Administrator of the Environmental Protection Agency,
16 shall solicit public comment on the method of determining
17 the significant reduction in greenhouse gas emissions re-
18 quired under subsection (e).
19 ‘‘(n) CONSULTATION.—Prior to making an award
20 under this section in a given fiscal year, the Secretary
21 shall consult with the Administrator of the Environmental
22 Protection Agency to determine which projects are ex-
23 pected to yield a significant reduction in greenhouse gas
24 emissions as required under subsection (e).’’.
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1 (b) CLERICAL AMENDMENT.—The analysis for chap-
2 ter 1 of title 23, United States Code, is amended by insert-
3 ing after the item relating to section 171 the following:
‘‘172. Community climate innovation grants.’’.
4 SEC. 1305. METRO PERFORMANCE PROGRAM.
5 (a) ESTABLISHMENT.—The Secretary of Transpor-
6 tation shall directly allocate funds in accordance with this
7 section to enhance local decision making and control in
8 delivering projects to address local transportation needs.
9 (b) DESIGNATION.—
10 (1) IN GENERAL.—The Secretary shall des-
11 ignate direct recipients based on the criteria in para-
12 graph (3) to be direct recipients of funds under this
13 section.
14 (2) RESPONSIBILITIES.—A direct recipient shall
15 be responsible for compliance with any requirements
16 related to the use of Federal funds vested in a State
17 department of transportation under chapter 1 of
18 title 23, United States Code.
19 (3) CRITERIA.—In designating an applicant
20 under this subsection, the Secretary shall consider—
21 (A) the legal, financial, and technical ca-
22 pacity of the applicant;
23 (B) the level of coordination between the
24 applicant and—
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1 (i) the State department of transpor-
2 tation of the State or States in which the
3 metropolitan planning area represented by
4 the applicant is located;
5 (ii) local governments and providers of
6 public transportation within the metropoli-
7 tan planning area represented by the appli-
8 cant; and
9 (iii) if more than one metropolitan
10 planning organization is designated within
11 an urbanized area represented by the ap-
12 plicant, any other such metropolitan plan-
13 ning organization;
14 (C) in the case of an applicant that rep-
15 resents an urbanized area population of greater
16 than 200,000, the effectiveness of project deliv-
17 ery and timely obligation of funds made avail-
18 able under section 133(d)(1)(A)(i) of title 23,
19 United States Code;
20 (D) if the applicant or a local government
21 within the metropolitan planning area that the
22 applicant represents has been the recipient of a
23 discretionary grant from the Secretary within
24 the preceding 5 years, the administration of
25 such grant;
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1 (E) the extent to which the planning and
2 decision making process of the applicant, in-
3 cluding the long-range transportation plan and
4 the approved transportation improvement pro-
5 gram under section 134 of such title, support—
6 (i) the performance goals established
7 under section 150(b) of such title; and
8 (ii) the achievement of metropolitan
9 or statewide performance targets estab-
10 lished under section 150(d) of such title;
11 (F) whether the applicant is a designated
12 recipient of funds from the Federal Transit Ad-
13 ministration as described under subsections (A)
14 and (B) of section 5302(4) of title 49, United
15 States Code; and
16 (G) any other criteria established by the
17 Secretary.
18 (4) REQUIREMENTS.—
19 (A) CALL FOR NOMINATION.—Not later
20 than February 1, 2022, the Secretary shall
21 publish in the Federal Register a notice solic-
22 iting applications for designation under this
23 subsection.
24 (B) GUIDANCE.—The notification under
25 paragraph (1) shall include guidance on the re-
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1 quirements and responsibilities of a direct re-
2 cipient under this section, including imple-
3 menting regulations.
4 (C) DETERMINATION.—The Secretary
5 shall make all designations under this section
6 for fiscal year 2023 not later than June 1,
7 2022.
8 (5) TERM.—Except as provided in paragraph
9 (6), a designation under this subsection shall—
10 (A) be for a period of not less than 5
11 years; and
12 (B) be renewable.
13 (6) TERMINATION.—
14 (A) IN GENERAL.—The Secretary shall es-
15 tablish procedures for the termination of a des-
16 ignation under this subsection.
17 (B) CONSIDERATIONS.—In establishing
18 procedures under subparagraph (A), the Sec-
19 retary shall consider—
20 (i) with respect to projects carried out
21 under this section, compliance with the re-
22 quirements of title 23, United States Code,
23 or chapter 53 of title 49, United States
24 Code; and
25 (ii) the obligation rate of any funds—
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1 (I) made available under this sec-
2 tion; and
3 (II) in the case of a metropolitan
4 planning organization that represents
5 a metropolitan planning area with an
6 urbanized area population of greater
7 than 200,000, made available under
8 section 133(d)(1)(A)(i) of title 23,
9 United States Code.
10 (c) USE OF FUNDS.—
11 (1) ELIGIBLE PROJECTS.—Funds made avail-
12 able under this section may be obligated for the pur-
13 poses described in section 133(b) of title 23, United
14 States Code.
15 (2) ADMINISTRATIVE EXPENSES AND TECH-
16 NICAL ASSISTANCE.—Of the amounts made available
17 under this section, the Secretary may set aside not
18 more than $5,000,000 for program management,
19 oversight, and technical assistance to direct recipi-
20 ents.
21 (d) RESPONSIBILITIES OF DIRECT RECIPIENTS.—
22 (1) DIRECT AVAILABILITY OF FUNDS.—Not-
23 withstanding title 23, United States Code, the
24 amounts made available under this section shall be
25 allocated to each direct recipient for obligation.
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1 (2) PROJECT DELIVERY.—
2 (A) IN GENERAL.—The direct recipient
3 may collaborate with a State, unit of local gov-
4 ernment, regional entity, or transit agency to
5 carry out a project under this section and en-
6 sure compliance with all applicable Federal re-
7 quirements.
8 (B) STATE AUTHORITY.—The State may
9 exercise, on behalf of the direct recipient, any
10 available decisionmaking authorities or actions
11 assumed from the Secretary.
12 (C) USE OF FUNDS.—The direct recipient
13 may use amounts made available under this
14 section to compensate a State, unit of local gov-
15 ernment, regional entity, or transit agency for
16 costs incurred in providing assistance under
17 this paragraph.
18 (3) DISTRIBUTION OF AMOUNTS AMONG DIRECT
19 RECIPIENTS.—
20 (A) IN GENERAL.—Subject to subpara-
21 graph (B), on the first day of the fiscal year for
22 which funds are made available under this sec-
23 tion, the Secretary shall allocate such funds to
24 each direct recipient as the proportion of the
25 population (as determined by data collected by
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1 the Bureau of the Census) of the urbanized
2 area represented by any 1 direct recipient bears
3 to the total population of all of urbanized areas
4 represented by all direct recipients.
5 (B) MINIMUM AND MAXIMUM AMOUNTS.—
6 Of funds allocated to direct recipients under
7 subparagraph (A), each direct recipient shall re-
8 ceive not less than $10,000,000 and not more
9 than $50,000,000 each fiscal year.
10 (C) MINIMUM GUARANTEED AMOUNT.—In
11 making a determination whether to designate a
12 metropolitan planning organization as a direct
13 recipient under subsection (b), the Secretary
14 shall ensure that each direct recipient receives
15 the minimum required allocation under sub-
16 paragraph (B).
17 (D) ADDITIONAL AMOUNTS.—If any
18 amounts remain undistributed after the dis-
19 tribution described in this subsection, such re-
20 maining amounts and an associated amount of
21 obligation limitation shall be made available as
22 if suballocated under clauses (i) and (ii) of sec-
23 tion 133(d)(1)(A) of title 23, United States
24 Code, and distributed among the States in the
25 proportion that the relative shares of the popu-
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1 lation (as determined by data collected by the
2 Bureau of the Census) of the urbanized areas
3 of each State bears to the total populations of
4 all urbanized areas across all States.
5 (4) ASSUMPTION OF RESPONSIBILITY OF THE
6 SECRETARY.—
7 (A) IN GENERAL.—For projects carried
8 out with funds provided under this section, the
9 direct recipient may assume the responsibilities
10 of the Secretary under section 106 of title 23,
11 United States Code, for design, plans, specifica-
12 tions, estimates, contract awards, and inspec-
13 tions with respect to the projects unless the
14 Secretary determines that the assumption is not
15 appropriate.
16 (B) AGREEMENT.—The Secretary and the
17 direct recipient shall enter into an agreement
18 relating to the extent to which the direct recipi-
19 ent assumes the responsibilities of the Secretary
20 under this paragraph.
21 (C) LIMITATIONS.—The Secretary shall re-
22 tain responsibilities described in subparagraph
23 (A) for any project that the Secretary deter-
24 mines to be in a high-risk category, including
25 projects on the National Highway System.
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1 (e) EXPENDITURE OF FUNDS.—
2 (1) CONSISTENCY WITH METROPOLITAN PLAN-
3 NING.—Except as otherwise provided in this section,
4 programming and expenditure of funds for projects
5 under this section shall be consistent with the re-
6 quirements of section 134 of title 23, United States
7 Code, and section 5303 of title 49, United States
8 Code.
9 (2) SELECTION OF PROJECTS.—
10 (A) IN GENERAL.—Notwithstanding sub-
11 sections (j)(5) and (k)(4) of section 134 of title
12 23, United States Code, or subsections (j)(5)
13 and (k)(4) of section 5303 of title 49, United
14 States Code, a direct recipient shall select, from
15 the approved transportation improvement pro-
16 gram under such sections, all projects to be
17 funded under this section, including projects on
18 the National Highway System.
19 (B) ELIGIBLE PROJECTS.—The project se-
20 lection process described in this subsection shall
21 apply to all federally funded projects within the
22 boundaries of a metropolitan planning area
23 served by a direct recipient that are carried out
24 under this section.
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1 (C) CONSULTATION REQUIRED.—In select-
2 ing a project under this subsection, the metro-
3 politan planning organization shall consult
4 with—
5 (i) in the case of a highway project,
6 the State and locality in which such project
7 is located; and
8 (ii) in the case of a transit project,
9 any affected public transportation oper-
10 ator.
11 (3) RULE OF CONSTRUCTION.—Nothing in this
12 section shall be construed to limit the ability of a di-
13 rect recipient to partner with a State department of
14 transportation or other recipient of Federal funds
15 under title 23, United States Code, or chapter 53 of
16 title 49, United States Code, to carry out a project.
17 (f) TREATMENT OF FUNDS.—
18 (1) IN GENERAL.—Except as provided in this
19 section, funds made available to carry out this sec-
20 tion shall be administered as if apportioned under
21 chapter 1 of title 23, United States Code.
22 (2) FEDERAL SHARE.—The Federal share of
23 the cost of a project carried out under this section
24 shall be determined in accordance with section 120
25 of title 23, United States Code.
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1 (g) REPORT.—
2 (1) DIRECT RECIPIENT REPORT.—Not later
3 than 60 days after the end of each fiscal year, each
4 direct recipient shall submit to the Secretary a re-
5 port that includes—
6 (A) a list of projects funded with amounts
7 provided under this section;
8 (B) a description of any obstacles to com-
9 plete projects or timely obligation of funds; and
10 (C) recommendations to improve the effec-
11 tiveness of the program under this section.
12 (2) REPORT TO CONGRESS.—Not later than Oc-
13 tober 1, 2024, the Secretary shall submit to the
14 Committee on Environment and Public Works of the
15 Senate and the Committee on Transportation and
16 Infrastructure of the House of Representatives a re-
17 port that—
18 (A) summarizes the findings of each direct
19 recipient provided under paragraph (1);
20 (B) describes the efforts undertaken by
21 both direct recipients and the Secretary to en-
22 sure compliance with the requirements of title
23 23 and chapter 53 of title 49, United States
24 Code;
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1 (C) analyzes the capacity of direct recipi-
2 ents to receive direct allocations of funds under
3 chapter 1 of title 23, United States Code; and
4 (D) provides recommendations from the
5 Secretary to—
6 (i) improve the administration, over-
7 sight, and performance of the program es-
8 tablished under this section;
9 (ii) improve the effectiveness of direct
10 recipients to complete projects and obligate
11 funds in a timely manner; and
12 (iii) evaluate options to expand the
13 authority provided under this section, in-
14 cluding to allow for the direct allocation to
15 metropolitan planning organizations of
16 funds made available to carry out clause
17 (i) or (ii) of section 133(d)(1)(A) of title
18 23, United 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 ning organization designated by the Secretary as
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1 high-performing under subsection (b) and that was
2 directly allocated funds as described in subsection
3 (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 make grants, on a competitive basis, for projects to re-
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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) ELIGIBLE APPLICANTS.—The Secretary may
8 make grants under this section to an applicant that is
9 serving a combined statistical area, as defined by the Of-
10 fice of Management and Budget, with a population of not
11 less than 1,300,000 and that is—
12 (1) a metropolitan planning organization;
13 (2) a unit of local government or a group of
14 local governments;
15 (3) a multijurisdictional group of entities de-
16 scribed in paragraphs (1) and (2);
17 (4) a special purpose district or public authority
18 with a transportation function, including a port au-
19 thority; or
20 (5) a State that is in partnership with an entity
21 or group of entities described in paragraph (1), (2),
22 or (3).
23 (d) ELIGIBLE PROJECTS.—The Secretary may award
24 grants under this section to applicants that submit a com-
25 prehensive program of surface transportation-related
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1 projects to reduce traffic congestion and related adverse
2 impacts, including a project for one or more of the fol-
3 lowing:
4 (1) Transportation systems management and
5 operations.
6 (2) Intelligent transportation systems.
7 (3) Real-time traveler information.
8 (4) Traffic incident management.
9 (5) Active traffic management.
10 (6) Traffic signal timing.
11 (7) Multimodal travel payment systems.
12 (8) Transportation demand management, in-
13 cluding employer-based commuting programs such
14 as carpool, vanpool, transit benefit, parking cashout,
15 shuttle, or telework programs.
16 (9) A project to provide transportation options
17 to reduce traffic congestion, including—
18 (A) a project under chapter 53 of title 49,
19 United States Code;
20 (B) a bicycle or pedestrian project, includ-
21 ing a project to provide safe and connected ac-
22 tive transportation networks; and
23 (C) a surface transportation project car-
24 ried out in accordance with the national travel
25 and tourism infrastructure strategic plan under
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1 section 1431(e) of the FAST Act (49 U.S.C.
2 301 note).
3 (10) Any other project, as determined appro-
4 priate by the Secretary.
5 (e) AWARD PRIORITIZATION.—
6 (1) IN GENERAL.—In selecting grants under
7 this section, the Secretary shall prioritize applicants
8 serving urbanized areas, as described in subsection
9 (c), that are experiencing a high degree of recurrent
10 transportation congestion, as determined by the Sec-
11 retary.
12 (2) ADDITIONAL CONSIDERATIONS.—In select-
13 ing grants under this section, the Secretary shall
14 also consider the extent to which the project
15 would—
16 (A) reduce traffic congestion and improve
17 the reliability of the surface transportation sys-
18 tem;
19 (B) mitigate the adverse impacts of traffic
20 congestion on the surface transportation sys-
21 tem, including safety and environmental im-
22 pacts;
23 (C) maximize the use of existing capacity;
24 and
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1 (D) employ innovative, integrated, and
2 multimodal solutions to the items described in
3 subparagraphs (A), (B), and (C).
4 (f) FEDERAL SHARE.—
5 (1) IN GENERAL.—The Federal share of the
6 cost of a project carried out under this section may
7 not exceed 60 percent.
8 (2) MAXIMUM FEDERAL SHARE.—Federal as-
9 sistance other than a grant for a project under this
10 section may be used to satisfy the non-Federal share
11 of the cost of such project, except that the total Fed-
12 eral assistance provided for a project receiving a
13 grant under this section may not exceed 80 percent
14 of the total project cost.
15 (g) USE OF FUNDS.—Funds made available for a
16 project under this section may be used for—
17 (1) development phase activities, including plan-
18 ning, feasibility analysis, revenue forecasting, envi-
19 ronmental review, preliminary engineering and de-
20 sign work, and other preconstruction activities; and
21 (2) construction, reconstruction, rehabilitation,
22 acquisition of real property (including land related
23 to the project and improvements to the land), envi-
24 ronmental mitigation, construction contingencies, ac-
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1 quisition of equipment, and operational improve-
2 ments.
3 (h) FUNDING.—
4 (1) GRANT AMOUNT.—A grant under this sec-
5 tion shall be in an amount not less than
6 $10,000,000 and not more than $50,000,000.
7 (2) AVAILABILITY.—Funds made available
8 under this program shall be available until expended.
9 (i) FREIGHT PROJECT SET-ASIDE.—
10 (1) IN GENERAL.—The Secretary shall set aside
11 not less than 50 percent of the funds made available
12 to carry out this section for grants for freight
13 projects under this subsection.
14 (2) ELIGIBLE USES.—The Secretary shall pro-
15 vide funds set aside under this subsection to appli-
16 cants that submit a comprehensive program of sur-
17 face transportation-related projects to reduce
18 freight-related traffic congestion and related adverse
19 impacts, including—
20 (A) freight intelligent transportation sys-
21 tems;
22 (B) real-time freight parking information;
23 (C) real-time freight routing information;
24 (D) freight transportation and delivery
25 safety projects;
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1 (E) first-mile and last-mile delivery solu-
2 tions;
3 (F) shifting freight delivery to off-peak
4 travel times;
5 (G) reducing greenhouse gas emissions and
6 air pollution from freight transportation and
7 delivery, including through the use of innovative
8 vehicles that produce fewer greenhouse gas
9 emissions;
10 (H) use of centralized delivery locations;
11 (I) designated freight vehicle parking and
12 staging areas;
13 (J) curb space management; and
14 (K) other projects, as determined appro-
15 priate by the Secretary.
16 (3) AWARD PRIORITIZATION.—
17 (A) IN GENERAL.—In providing funds set
18 aside under this section, the Secretary shall
19 prioritize applicants serving urbanized areas, as
20 described in subsection (c), that are experi-
21 encing a high degree of recurrent congestion
22 due to freight transportation, as determined by
23 the Secretary.
24 (B) ADDITIONAL CONSIDERATIONS.—In
25 providing funds set aside under this subsection,
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1 the Secretary shall consider the extent to which
2 the proposed project—
3 (i) reduces freight-related traffic con-
4 gestion and improves the reliability of the
5 freight transportation system;
6 (ii) mitigates the adverse impacts of
7 freight-related traffic congestion on the
8 surface transportation system, including
9 safety and environmental impacts;
10 (iii) maximizes the use of existing ca-
11 pacity;
12 (iv) employs innovative, integrated,
13 and multimodal solutions to the items de-
14 scribed in clauses (i) through (iii);
15 (v) leverages Federal funds with non-
16 Federal contributions; and
17 (vi) integrates regional multimodal
18 transportation management and oper-
19 ational projects that address both pas-
20 senger and freight congestion.
21 (4) FLEXIBILITY.—If the Secretary determines
22 that there are insufficient qualified applicants to use
23 the funds set aside under this subsection, the Sec-
24 retary may use such funds for grants for any
25 projects eligible under this section.
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1 (j) REPORT.—
2 (1) RECIPIENT REPORT.—The Secretary shall
3 ensure that not later than 2 years after the Sec-
4 retary awards grants under this section, the recipi-
5 ent of each such grant submits to the Secretary a
6 report that contains—
7 (A) information on each activity or project
8 that received funding under this section;
9 (B) a summary of any non-Federal re-
10 sources leveraged by a grant under this section;
11 (C) any statistics, measurements, or quan-
12 titative assessments that demonstrate the con-
13 gestion reduction, reliability, safety, and envi-
14 ronmental benefits achieved through activities
15 or projects that received funding under this sec-
16 tion; and
17 (D) any additional information required by
18 the Secretary.
19 (2) REPORT TO CONGRESS.—Not later than 9
20 months after the date specified in paragraph (1), the
21 Secretary shall submit to the Committee on Trans-
22 portation and Infrastructure of the House of Rep-
23 resentatives and the Committee on Environment and
24 Public Works, the Committee on Commerce, Science,
25 and Transportation, and the Committee on Banking,
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1 Housing, and Urban Affairs of the Senate, and
2 make publicly available on a website, a report detail-
3 ing—
4 (A) a summary of any information pro-
5 vided under paragraph (1); and
6 (B) recommendations and best practices
7 to—
8 (i) reduce traffic congestion, including
9 freight-related traffic congestion, and im-
10 prove the reliability of the surface trans-
11 portation system;
12 (ii) mitigate the adverse impacts of
13 traffic congestion, including freight-related
14 traffic congestion, on the surface transpor-
15 tation system, including safety and envi-
16 ronmental impacts; and
17 (iii) employ innovative, integrated,
18 and multimodal solutions to the items de-
19 scribed in clauses (i) and (ii).
20 (k) NOTIFICATION.—Not later than 3 business days
21 before awarding a grant under this section, the Secretary
22 shall notify the Committee on Transportation and Infra-
23 structure of the House of Representatives and the Com-
24 mittee on Environment and Public Works, the Committee
25 on Commerce, Science, and Transportation, and the Com-
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1 mittee on Banking, Housing, and Urban Affairs of the
2 Senate of the intention to award such a grant.
3 (l) TREATMENT OF PROJECTS.—
4 (1) FEDERAL REQUIREMENTS.—The Secretary
5 shall, with respect to a project funded by a grant
6 under this section, apply—
7 (A) the requirements of title 23, United
8 States Code, to a highway project;
9 (B) the requirements of chapter 53 of title
10 49, United States Code, to a public transpor-
11 tation project; and
12 (C) the requirements of section 22905 of
13 title 49, United States Code, to a passenger rail
14 or freight rail 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.—
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1 (i) PASSENGER OR FREIGHT RAIL
2 COMPONENT.—For any passenger or
3 freight rail component of a project, the re-
4 quirements of section 22907(j)(2) of title
5 49, United States Code, shall apply.
6 (ii) PUBLIC TRANSPORTATION COMPO-
7 NENT.—For any public transportation
8 component of a project, the requirements
9 of section 5333 of title 49, United States
10 Code, shall apply.
11 (C) BUY AMERICA.—In applying the Buy
12 American requirements under section 313 of
13 title 23, United States Code, and sections 5320,
14 22905(a), and 24305(f) of title 49, United
15 States Code, to a multimodal project under this
16 paragraph, the Secretary shall—
17 (i) consider the various modal compo-
18 nents of the project; and
19 (ii) seek to maximize domestic jobs.
20 (3) FEDERAL-AID HIGHWAY REQUIREMENTS.—
21 Notwithstanding any other provision of this sub-
22 section, the Secretary shall require recipients of
23 grants under this section to comply with subsection
24 (a) of section 113 of title 23, United States Code,
25 with respect to public transportation projects, pas-
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1 senger rail projects, and freight rail projects, in the
2 same manner that recipients of grants are required
3 to comply with such subsection for construction
4 work performed on highway projects on Federal-aid
5 highways.
6 (m) TREATMENT OF FUNDS.—Except as provided in
7 subsection (l), funds authorized for the purposes described
8 in this section shall be available for obligation in the same
9 manner as if the funds were apportioned under chapter
10 1 of title 23, United States Code.
11 SEC. 1307. REBUILD RURAL GRANT PROGRAM.
12 (a) ESTABLISHMENT.—The Secretary of Transpor-
13 tation shall establish a rebuild rural grant program to im-
14 prove the safety, state of good repair, and connectivity of
15 transportation infrastructure in rural communities.
16 (b) GRANT AUTHORITY.—
17 (1) IN GENERAL.—In carrying out the program
18 established in subsection (a), the Secretary shall
19 make grants, on a competitive basis, in accordance
20 with this section.
21 (2) GRANT AMOUNT.—A grant made under this
22 program shall be for no more than $25,000,000.
23 (c) ELIGIBLE APPLICANTS.—The Secretary may
24 make a grant under this section to—
25 (1) a State;
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1 (2) a metropolitan planning organization or a
2 regional transportation planning organization;
3 (3) a unit of local government;
4 (4) a Federal land management agency;
5 (5) a Tribal government or a consortium of
6 Tribal governments;
7 (6) a territory; and
8 (7) a multijurisdictional group of entities de-
9 scribed in this subsection.
10 (d) APPLICATIONS.—To be eligible for a grant under
11 this section, an entity specified under subsection (c) shall
12 submit to the Secretary an application in such form, at
13 such time, and containing such information as the Sec-
14 retary determines is appropriate.
15 (e) ELIGIBLE PROJECTS.—The Secretary shall pro-
16 vide grants under this section to projects eligible under
17 title 23, United States Code, including projects on and off
18 the Federal-aid highway system, that improve safety, state
19 of good repair, or connectivity in a rural community, in-
20 cluding projects to—
21 (1) improve transportation safety, including
22 projects on high-risk rural roads and on Federal
23 lands;
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1 (2) improve state of good repair, including
2 projects to repair and rehabilitate bridges on and off
3 the Federal-aid highway system;
4 (3) provide or increase access to jobs and serv-
5 ices;
6 (4) provide or increase access to—
7 (A) a grain elevator;
8 (B) an agricultural facility;
9 (C) a mining facility;
10 (D) a forestry facility;
11 (E) an intermodal facility;
12 (F) travel or tourism destinations; or
13 (G) any other facility that supports the
14 economy of a rural community; and
15 (5) reduce vehicle-wildlife collisions and improve
16 habitat connectivity.
17 (f) ELIGIBLE PROJECT COSTS.—Grant amounts for
18 a project under this section may be used for—
19 (1) development phase activities, including plan-
20 ning, feasibility analysis, revenue forecasting, envi-
21 ronmental review, preliminary engineering and de-
22 sign work, and other preconstruction activities; and
23 (2) construction, reconstruction, rehabilitation,
24 acquisition of real property (including land related
25 to the project and improvements to the land), envi-
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1 ronmental mitigation, construction contingencies, ac-
2 quisition of equipment, and operational improve-
3 ments.
4 (g) FEDERAL SHARE.—
5 (1) IN GENERAL.—The share of the cost of a
6 project provided with a grant under this section may
7 not exceed 80 percent of the total cost of such
8 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 (h) PRIORITY.—In making grants under this section,
14 the Secretary shall prioritize projects that address—
15 (1) significant transportation safety challenges;
16 (2) state of good repair challenges that pose
17 safety risks or risks to a local economy;
18 (3) economic development challenges;
19 (4) connectivity challenges that limit access to
20 jobs or services; and
21 (5) coordination of projects in the highway
22 right-of-way with proposed broadband service infra-
23 structure needs.
24 (i) NOTIFICATION.—Not later than 3 business days
25 before awarding a grant under this section, the Secretary
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1 of Transportation shall notify the Committee on Transpor-
2 tation and Infrastructure of the House of Representatives
3 and the Committee on Environment and Public Works of
4 the Senate of the intention to award such a grant.
5 (j) TREATMENT OF PROJECTS.—Notwithstanding
6 any other provision of law, a project carried out under this
7 section shall be treated as if the project is located on a
8 Federal-aid highway.
9 (k) DEFINITION OF RURAL COMMUNITY.—In this
10 section, the term ‘‘rural community’’ means an area that
11 is not an urbanized area, as such term is defined in section
12 101(a) of title 23, United States Code.
13 SEC. 1308. PARKING FOR COMMERCIAL MOTOR VEHICLES.
14 (a) ESTABLISHMENT.—The Secretary of Transpor-
15 tation shall establish a program under which the Secretary
16 shall make grants, on a competitive basis, to eligible enti-
17 ties to address the shortage of parking for commercial
18 motor vehicles to improve the safety of commercial motor
19 vehicle operators.
20 (b) APPLICATIONS.—To be eligible for a grant under
21 this section, an eligible entity shall submit to the Secretary
22 an application in such form, at such time, and containing
23 such information as the Secretary may require.
24 (c) ELIGIBLE PROJECTS.—Projects eligible under
25 this section are projects that—
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1 (1) construct safety rest areas that include
2 parking for commercial motor vehicles;
3 (2) construct commercial motor vehicle parking
4 facilities—
5 (A) adjacent to private commercial truck-
6 stops and travel plazas;
7 (B) within the boundaries of, or adjacent
8 to, a publicly owned freight facility, including a
9 port terminal operated by a public authority;
10 and
11 (C) at existing facilities, including inspec-
12 tion and weigh stations and park-and-ride loca-
13 tions;
14 (3) open existing weigh stations, safety rest
15 areas, and park-and-ride facilities to commercial
16 motor vehicle parking;
17 (4) facilitate access to publicly and privately
18 provided commercial motor vehicle parking, such as
19 through the use of intelligent transportation sys-
20 tems;
21 (5) construct turnouts along a Federal-aid
22 highway for commercial motor vehicles;
23 (6) make capital improvements to public com-
24 mercial motor vehicle parking facilities that are
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1 closed on a seasonal basis to allow the facilities to
2 remain open year-round;
3 (7) open existing commercial motor vehicle
4 chain-up areas that are closed on a seasonal basis to
5 allow the facilities to remain open year-round for
6 commercial motor vehicle parking;
7 (8) address commercial motor vehicle parking
8 and layover needs in emergencies that strain the ca-
9 pacity of existing publicly and privately provided
10 commercial motor vehicle parking; and
11 (9) make improvements to existing commercial
12 motor vehicle parking facilities, including advanced
13 truckstop electrification systems.
14 (d) USE OF FUNDS.—
15 (1) IN GENERAL.—An eligible entity may use a
16 grant under this section for—
17 (A) development phase activities, including
18 planning, feasibility analysis, benefit-cost anal-
19 ysis, environmental review, preliminary engi-
20 neering and design work, and other
21 preconstruction activities necessary to advance
22 a project described in subsection (c); and
23 (B) construction and operational improve-
24 ments, as such terms are defined in section 101
25 of title 23, United States Code.
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1 (2) PRIVATE SECTOR PARTICIPATION.—An eli-
2 gible entity that receives a grant under this section
3 may partner with a private entity to carry out an eli-
4 gible project under this section.
5 (3) LIMITATION.—Not more than 10 percent of
6 the amounts made available to carry out this section
7 may be used to promote the availability of existing
8 commercial motor vehicle parking.
9 (e) SELECTION CRITERIA.—In making grants under
10 this section, the Secretary shall consider—
11 (1) in the case of construction of new commer-
12 cial motor vehicle parking capacity, the shortage of
13 public and private commercial motor vehicle parking
14 near the project; and
15 (2) the extent to which each project—
16 (A) would increase commercial motor vehi-
17 cle parking capacity or utilization;
18 (B) would facilitate the efficient movement
19 of freight;
20 (C) would improve safety, traffic conges-
21 tion, and air quality;
22 (D) is cost effective; and
23 (E) reflects consultation with motor car-
24 riers, commercial motor vehicle operators, and
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1 private providers of commercial motor vehicle
2 parking.
3 (f) NOTIFICATION OF CONGRESS.—Not later than 3
4 business days before announcing a project selected to re-
5 ceive a grant under this section, the Secretary of Trans-
6 portation shall notify the Committee on Transportation
7 and Infrastructure of the House of Representatives and
8 the Committee on Environment and Public Works of the
9 Senate of the intention to award such a grant.
10 (g) TREATMENT OF FUNDS.—
11 (1) TREATMENT OF PROJECTS.—Notwith-
12 standing any other provision of law, any project
13 funded by a grant under this section shall be treated
14 as a project on a Federal-aid highway under chapter
15 1 of title 23, United States Code.
16 (2) FEDERAL SHARE.—The Federal share of
17 the cost of a project under this section shall be de-
18 termined in accordance with subsections (b) and (c)
19 of section 120 of title 23, United States Code.
20 (h) PROHIBITION ON CHARGING FEES.—To be eligi-
21 ble for a grant under this section, an eligible entity shall
22 certify that no fees will be charged for the use of a project
23 assisted with such grant.
24 (i) AMENDMENT TO MAP–21.—Section 1401(c)(1)
25 of MAP–21 (23 U.S.C. 137 note) is amended—
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1 (1) by inserting ‘‘and private providers of com-
2 mercial motor vehicle parking’’ after ‘‘personnel’’;
3 and
4 (2) in subparagraph (A) by striking ‘‘the capa-
5 bility of the State to provide’’ and inserting ‘‘the
6 availability of’’.
7 (j) SURVEY; COMPARATIVE ASSESSMENT; REPORT.—
8 (1) UPDATE.—Not later than 2 years after the
9 date of enactment of this Act, the Secretary shall
10 update the survey of each State required under sec-
11 tion 1401(c)(1) of the MAP–21 (23 U.S.C. 137
12 note).
13 (2) REPORT.—Not later than 1 year after the
14 deadline under paragraph (1), the Secretary shall
15 publish on the website of the Department of Trans-
16 portation a report that—
17 (A) evaluates the availability of adequate
18 parking and rest facilities for commercial motor
19 vehicles engaged in interstate transportation;
20 (B) evaluates the effectiveness of the
21 projects funded under this section in improving
22 access to commercial motor vehicle parking; and
23 (C) reports on the progress being made to
24 provide adequate commercial motor vehicle
25 parking facilities in the State.
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1 (3) CONSULTATION.—The Secretary shall pre-
2 pare the report required under paragraph (2) in con-
3 sultation with—
4 (A) relevant State motor carrier safety
5 personnel;
6 (B) motor carriers and commercial motor
7 vehicle operators; and
8 (C) private providers of commercial motor
9 vehicle parking.
10 (k) DEFINITIONS.—In this section:
11 (1) COMMERCIAL MOTOR VEHICLE.—The term
12 ‘‘commercial motor vehicle’’ has the meaning given
13 such term in section 31132 of title 49, United
14 States Code.
15 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
16 ty’’ means—
17 (A) a State;
18 (B) a metropolitan planning organization;
19 (C) a unit of local government;
20 (D) a political subdivision of a State or
21 local government carrying out responsibilities
22 relating to commercial motor vehicle parking;
23 and
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1 (E) a multistate or multijurisdictional
2 group of entities described in subparagraphs
3 (A) through (D).
4 (3) SAFETY REST AREA.—The term ‘‘safety
5 rest area’’ has the meaning given such term in sec-
6 tion 120(c) of title 23, United States Code.
7 SEC. 1309. ACTIVE TRANSPORTATION CONNECTIVITY
8 GRANT PROGRAM.
9 (a) ESTABLISHMENT.—The Secretary of Transpor-
10 tation shall establish an active transportation connectivity
11 grant program to provide for safe and connected active
12 transportation facilities.
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 (6) a natural resource or public land agency;
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1 (7) a Tribal government or a consortium of
2 Tribal governments;
3 (8) any local or regional governmental entity
4 with responsibility for or oversight of transportation
5 or recreational trails; and
6 (9) a multistate or multijurisdictional group of
7 entities described in this subsection.
8 (d) APPLICATIONS.—To be eligible for a grant under
9 this section, an entity specified under subsection (c) shall
10 submit to the Secretary an application in such form, at
11 such time, and containing such information as the Sec-
12 retary determines is appropriate.
13 (e) ELIGIBLE PROJECTS.—The Secretary shall pro-
14 vide grants under this section to projects that improve the
15 connectivity and the use of active transportation facili-
16 ties—
17 (1) including—
18 (A) active transportation networks;
19 (B) active transportation spines; and
20 (C) planning related to the development
21 of—
22 (i) active transportation networks;
23 (ii) active transportation spines; and
24 (iii) complete streets plans to create a
25 connected network of active transportation
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1 facilities, including sidewalks, bikeways, or
2 pedestrian and bicycle trails; 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), a total cost of not less than
8 $100,000.
9 (f) PLANNING GRANTS.—Of the amounts made avail-
10 able to carry out this section, the Secretary may use not
11 more than 10 percent to provide planning grants to eligi-
12 ble applicants for activities under subsection (e)(1)(C).
13 (g) CONSIDERATIONS.—In making grants under this
14 section, the Secretary shall consider the extent to which—
15 (1) a project is likely to provide substantial ad-
16 ditional opportunities for walking and bicycling, in-
17 cluding through the creation of—
18 (A) active transportation networks con-
19 necting destinations within or between commu-
20 nities, including schools, workplaces, residences,
21 businesses, recreation areas, and other commu-
22 nity areas; and
23 (B) active transportation spines connecting
24 two or more communities, metropolitan areas,
25 or States;
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1 (2) an applicant has adequately considered or
2 will consider, including through the opportunity for
3 public comment, the environmental justice and eq-
4 uity impacts of the project;
5 (3) the project would improve safety for vulner-
6 able road users, including through the use of com-
7 plete street design policies or a safe system ap-
8 proach; and
9 (4) a project integrates active transportation fa-
10 cilities with public transportation services, where
11 available, to improve access to public transportation.
12 (h) LIMITATION.—
13 (1) IN GENERAL.—The share of the cost of a
14 project assisted with a grant under this section may
15 not exceed 80 percent.
16 (2) MAXIMUM FEDERAL ASSISTANCE.—Federal
17 assistance other than a grant under this section may
18 be used to satisfy up to 100 percent of the total
19 project cost.
20 (i) ELIGIBLE PROJECT COSTS.—Amounts made
21 available for a project under this section may be used
22 for—
23 (1) development phase activities, including plan-
24 ning, feasibility analysis, revenue forecasting, envi-
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1 ronmental review, preliminary engineering and de-
2 sign work, and other preconstruction activities; and
3 (2) construction, reconstruction, rehabilitation,
4 acquisition of real property (including land related
5 to the project and improvements to the land), envi-
6 ronmental mitigation, construction contingencies, ac-
7 quisition of equipment, and operational improve-
8 ments.
9 (j) NOTIFICATION.—Not later than 3 business days
10 before awarding a grant under this section, the Secretary
11 of Transportation shall notify the Committee on Transpor-
12 tation and Infrastructure of the House of Representatives
13 and the Committee on Environment and Public Works of
14 the Senate of the intention to award such a grant.
15 (k) TREATMENT OF PROJECTS.—Notwithstanding
16 any other provision of law, a project carried out under this
17 section shall be treated in the manner described under sec-
18 tion 133(i) of title 23, United States Code.
19 (l) DEFINITIONS.—In this section:
20 (1) ACTIVE TRANSPORTATION.—The term ‘‘ac-
21 tive transportation’’ means mobility options powered
22 primarily by human energy, including bicycling and
23 walking.
24 (2) ACTIVE TRANSPORTATION NETWORK.—The
25 term ‘‘active transportation network’’ means facili-
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1 ties built for active transportation, including side-
2 walks, bikeways, and pedestrian and bicycle trails,
3 that connect destinations within a community, a
4 metropolitan area, or on Federal lands.
5 (3) ACTIVE TRANSPORTATION SPINE.—The
6 term ‘‘active transportation spine’’ means facilities
7 built for active transportation, including sidewalks,
8 bikeways, and pedestrian and bicycle trails, that con-
9 nect communities, metropolitan areas, Federal lands,
10 or States.
11 (4) SAFE SYSTEM APPROACH.—The term ‘‘safe
12 system approach’’ has the meaning given such term
13 in section 148(a) of title 23, United States Code.
14 (5) VULNERABLE ROAD USER.—The term ‘‘vul-
15 nerable road user’’ has the meaning given such term
16 in section 148(a) of title 23, United States Code.
17 Subtitle D—Planning, Performance
18 Management, and Asset Man-
19 agement
20 SEC. 1401. METROPOLITAN TRANSPORTATION PLANNING.
21 Section 134 of title 23, United States Code, is
22 amended—
23 (1) in subsection (a) by striking ‘‘resiliency
24 needs while minimizing transportation-related fuel
25 consumption and air pollution’’ and inserting ‘‘resil-
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1 ience and climate change adaptation needs while re-
2 ducing transportation-related fuel consumption, air
3 pollution, and greenhouse gas emissions’’;
4 (2) in subsection (b)—
5 (A) by redesignating paragraphs (6) and
6 (7) as paragraphs (7) and (8), respectively; and
7 (B) by inserting after paragraph (5) the
8 following:
9 ‘‘(6) STIP.—The term ‘STIP’ means a state-
10 wide transportation improvement program developed
11 by a State under section 135(g).’’;
12 (3) in subsection (c)—
13 (A) in paragraph (1) by striking ‘‘and
14 transportation improvement programs’’ and in-
15 serting ‘‘and TIPs’’; and
16 (B) by adding at the end the following:
17 ‘‘(4) CONSIDERATION.—In developing the plans
18 and TIPs, metropolitan planning organizations shall
19 consider direct and indirect emissions of greenhouse
20 gases.’’;
21 (4) in subsection (d)—
22 (A) in paragraph (2) by striking ‘‘Not
23 later than 2 years after the date of enactment
24 of MAP–21, each’’ and inserting ‘‘Each’’;
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1 (B) in paragraph (3) by adding at the end
2 the following:
3 ‘‘(D) CONSIDERATIONS.—
4 ‘‘(i) EQUITABLE AND PROPORTIONAL
5 REPRESENTATION.—In designating offi-
6 cials or representatives under paragraph
7 (2), the metropolitan planning organization
8 shall consider the equitable and propor-
9 tional representation of the population of
10 the metropolitan planning area.
11 ‘‘(ii) SAVINGS CLAUSE.—Nothing in
12 this paragraph shall require a metropolitan
13 planning organization in existence on the
14 date of enactment of this subparagraph to
15 be restructured.
16 ‘‘(iii) REDESIGNATION.—Notwith-
17 standing clause (ii), the requirements of
18 this paragraph shall apply to any metro-
19 politan planning organization redesignated
20 under paragraph (6).’’;
21 (C) in paragraph (6)(B) by striking ‘‘para-
22 graph (2)’’ and inserting ‘‘paragraphs (2) or
23 (3)(D)’’; and
24 (D) in paragraph (7)—
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1 (i) by striking ‘‘an existing metropoli-
2 tan planning area’’ and inserting ‘‘an ur-
3 banized area’’; and
4 (ii) by striking ‘‘the existing metro-
5 politan planning area’’ and inserting ‘‘the
6 area’’;
7 (5) in subsection (g)—
8 (A) in paragraph (1) by striking ‘‘a metro-
9 politan area’’ and inserting ‘‘an urbanized
10 area’’;
11 (B) in paragraph (2) by striking ‘‘MPOS’’
12 and inserting ‘‘METROPOLITAN PLANNING
13 AREAS’’;
14 (C) in paragraph (3)(A) by inserting
15 ‘‘emergency response and evacuation, climate
16 change adaptation and resilience,’’ after ‘‘dis-
17 aster risk reduction,’’; and
18 (D) by adding at the end the following:
19 ‘‘(4) COORDINATION BETWEEN MPOS.—
20 ‘‘(A) IN GENERAL.—If more than one met-
21 ropolitan planning organization is designated
22 within an urbanized area under subsection
23 (d)(7), the metropolitan planning organizations
24 designated within the area shall ensure, to the
25 maximum extent practicable, the consistency of
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1 any data used in the planning process, includ-
2 ing information used in forecasting transpor-
3 tation demand.
4 ‘‘(B) SAVINGS CLAUSE.—Nothing in this
5 paragraph requires metropolitan planning orga-
6 nizations designated within a single urbanized
7 area to jointly develop planning documents, in-
8 cluding a unified long-range transportation plan
9 or unified TIP.’’;
10 (6) in subsection (h)(1)—
11 (A) by striking subparagraph (E) and in-
12 serting the following:
13 ‘‘(E) protect and enhance the environment,
14 promote energy conservation, reduce greenhouse
15 gas emissions, improve the quality of life and
16 public health, and promote consistency between
17 transportation improvements and State and
18 local planned growth and economic development
19 patterns, including housing and land use pat-
20 terns;’’;
21 (B) in subparagraph (I)—
22 (i) by inserting ‘‘, sea level rise, ex-
23 treme weather, and climate change’’ after
24 ‘‘stormwater’’; and
25 (ii) by striking ‘‘and’’ at the end;
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1 (C) by redesignating subparagraph (J) as
2 subparagraph (M); and
3 (D) by inserting after subparagraph (I) the
4 following:
5 ‘‘(J) facilitate emergency management, re-
6 sponse, and evacuation and hazard mitigation;
7 ‘‘(K) improve the level of transportation
8 system access;
9 ‘‘(L) support inclusive zoning policies and
10 land use planning practices that incentivize af-
11 fordable, elastic, and diverse housing supply, fa-
12 cilitate long-term economic growth by improving
13 the accessibility of housing to jobs, and prevent
14 high housing costs from displacing economically
15 disadvantaged households; and’’;
16 (7) in subsection (h)(2) by striking subpara-
17 graph (A) and inserting the following:
18 ‘‘(A) IN GENERAL.—Through the use of a
19 performance-based approach, transportation in-
20 vestment decisions made as a part of the metro-
21 politan transportation planning process shall
22 support the national goals described in section
23 150(b), the achievement of metropolitan and
24 statewide targets established under section
25 150(d), the improvement of transportation sys-
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1 tem access (consistent with section 150(f)), and
2 the general purposes described in section 5301
3 of title 49.’’;
4 (8) in subsection (i)—
5 (A) in paragraph (2)(D)(i) by inserting
6 ‘‘reduce greenhouse gas emissions and’’ before
7 ‘‘restore and maintain’’;
8 (B) in paragraph (2)(G) by inserting ‘‘and
9 climate change’’ after ‘‘infrastructure to natural
10 disasters’’;
11 (C) in paragraph (2)(H) by inserting
12 ‘‘greenhouse gas emissions,’’ after ‘‘pollution,’’;
13 (D) in paragraph (5)—
14 (i) in subparagraph (A) by inserting
15 ‘‘air quality, public health, housing, trans-
16 portation, resilience, hazard mitigation,
17 emergency management,’’ after ‘‘conserva-
18 tion,’’; and
19 (ii) by striking subparagraph (B) and
20 inserting the following:
21 ‘‘(B) ISSUES.—The consultation shall in-
22 volve, as appropriate, comparison of transpor-
23 tation plans to other relevant plans, including,
24 if available—
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1 ‘‘(i) State conservation plans or maps;
2 and
3 ‘‘(ii) inventories of natural or historic
4 resources.’’; and
5 (E) by amending paragraph (6)(C) to read
6 as follows:
7 ‘‘(C) METHODS.—
8 ‘‘(i) IN GENERAL.—In carrying out
9 subparagraph (A), the metropolitan plan-
10 ning organization shall, to the maximum
11 extent practicable—
12 ‘‘(I) hold any public meetings at
13 convenient and accessible locations
14 and times;
15 ‘‘(II) employ visualization tech-
16 niques to describe plans; and
17 ‘‘(III) make public information
18 available in electronically accessible
19 format and means, such as the inter-
20 net, as appropriate to afford reason-
21 able opportunity for consideration of
22 public information under subpara-
23 graph (A).
24 ‘‘(ii) ADDITIONAL METHODS.—In ad-
25 dition to the methods described in clause
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1 (i), in carrying out subparagraph (A), the
2 metropolitan planning organization shall,
3 to the maximum extent practicable—
4 ‘‘(I) use virtual public involve-
5 ment, social media, and other web-
6 based tools to encourage public par-
7 ticipation and solicit public feedback;
8 and
9 ‘‘(II) use other methods, as ap-
10 propriate, to further encourage public
11 participation of historically underrep-
12 resented individuals in the transpor-
13 tation planning process.’’;
14 (9) in subsection (j) by striking ‘‘transportation
15 improvement program’’ and inserting ‘‘TIP’’ each
16 place it appears; and
17 (10) by striking ‘‘Federally’’ each place it ap-
18 pears and inserting ‘‘federally’’.
19 SEC. 1402. STATEWIDE AND NONMETROPOLITAN TRANS-
20 PORTATION PLANNING.
21 Section 135 of title 23, United States Code, is
22 amended—
23 (1) in subsection (a)—
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1 (A) in paragraph (1) by striking ‘‘state-
2 wide transportation improvement program’’ and
3 inserting ‘‘STIP’’;
4 (B) in paragraph (2)—
5 (i) by striking ‘‘The statewide trans-
6 portation plan and the’’ and inserting the
7 following:
8 ‘‘(A) IN GENERAL.—The statewide trans-
9 portation plan and the’’;
10 (ii) by striking ‘‘transportation im-
11 provement program’’ and inserting
12 ‘‘STIP’’; and
13 (iii) by adding at the end the fol-
14 lowing:
15 ‘‘(B) CONSIDERATION.—In developing the
16 statewide transportation plans and STIPs,
17 States shall consider direct and indirect emis-
18 sions of greenhouse gases.’’; and
19 (C) in paragraph (3) by striking ‘‘trans-
20 portation improvement program’’ and inserting
21 ‘‘STIP’’;
22 (2) in subsection (d)—
23 (A) in paragraph (1)—
24 (i) in subparagraph (E)—
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1 (I) by inserting ‘‘reduce green-
2 house gas emissions,’’ after ‘‘promote
3 energy conservation,’’;
4 (II) by inserting ‘‘and public
5 health’’ after ‘‘improve the quality of
6 life’’; and
7 (III) by inserting ‘‘, including
8 housing and land use patterns’’ after
9 ‘‘economic development patterns’’;
10 (ii) in subparagraph (I)—
11 (I) by inserting ‘‘, sea level rise,
12 extreme weather, and climate change’’
13 after ‘‘mitigate stormwater’’; and
14 (II) by striking ‘‘and’’ after the
15 semicolon;
16 (iii) by redesignating subparagraph
17 (J) as subparagraph (M); and
18 (iv) by inserting after subparagraph
19 (I) the following:
20 ‘‘(J) facilitate emergency management, re-
21 sponse, and evacuation and hazard mitigation;
22 ‘‘(K) improve the level of transportation
23 system access;
24 ‘‘(L) support inclusive zoning policies and
25 land use planning practices that incentivize af-
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1 fordable, elastic, and diverse housing supply, fa-
2 cilitate long-term economic growth by improving
3 the accessibility of housing to jobs, and prevent
4 high housing costs from displacing economically
5 disadvantaged households; and’’;
6 (B) in paragraph (2)—
7 (i) by striking subparagraph (A) and
8 inserting the following:
9 ‘‘(A) IN GENERAL.—Through the use of a
10 performance-based approach, transportation in-
11 vestment decisions made as a part of the state-
12 wide transportation planning process shall sup-
13 port—
14 ‘‘(i) the national goals described in
15 section 150(b);
16 ‘‘(ii) the consideration of transpor-
17 tation system access (consistent with sec-
18 tion 150(f));
19 ‘‘(iii) the achievement of statewide
20 targets established under section 150(d);
21 and
22 ‘‘(iv) the general purposes described
23 in section 5301 of title 49.’’; and
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1 (ii) in subparagraph (D) by striking
2 ‘‘statewide transportation improvement
3 program’’ and inserting ‘‘STIP’’; and
4 (C) in paragraph (3) by striking ‘‘state-
5 wide transportation improvement program’’ and
6 inserting ‘‘STIP’’;
7 (3) in subsection (e)(3) by striking ‘‘transpor-
8 tation improvement program’’ and inserting
9 ‘‘STIP’’;
10 (4) in subsection (f)—
11 (A) in paragraph (2)(D)—
12 (i) in clause (i) by inserting ‘‘air qual-
13 ity, public health, housing, transportation,
14 resilience, hazard mitigation, emergency
15 management,’’ after ‘‘conservation,’’; and
16 (ii) by amending clause (ii) to read as
17 follows:
18 ‘‘(ii) COMPARISON AND CONSIDER-
19 ATION.—Consultation under clause (i)
20 shall involve the comparison of transpor-
21 tation plans to other relevant plans and in-
22 ventories, including, if available—
23 ‘‘(I) State and tribal conservation
24 plans or maps; and
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1 ‘‘(II) inventories of natural or
2 historic resources.’’;
3 (B) in paragraph (3)(B)—
4 (i) by striking ‘‘In carrying out’’ and
5 inserting the following:
6 ‘‘(i) IN GENERAL.—in carrying out’’;
7 (ii) by redesignating clauses (i)
8 through (iv) as subclauses (I) through
9 (IV), respectively; and
10 (iii) by adding at the end the fol-
11 lowing:
12 ‘‘(ii) ADDITIONAL METHODS.—In ad-
13 dition to the methods described in clause
14 (i), in carrying out subparagraph (A), the
15 State shall, to the maximum extent prac-
16 ticable—
17 ‘‘(I) use virtual public involve-
18 ment, social media, and other web-
19 based tools to encourage public par-
20 ticipation and solicit public feedback;
21 and
22 ‘‘(II) use other methods, as ap-
23 propriate, to further encourage public
24 participation of historically underrep-
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1 resented individuals in the transpor-
2 tation planning process.’’;
3 (C) in paragraph (4)(A) by inserting ‘‘re-
4 duce greenhouse gas emissions and’’ after ‘‘po-
5 tential to’’; and
6 (D) in paragraph (8) by inserting ‘‘green-
7 house gas emissions,’’ after ‘‘pollution,’’;
8 (5) in subsection (g)—
9 (A) in paragraph (1)(A) by striking ‘‘state-
10 wide transportation improvement program’’ and
11 inserting ‘‘STIP’’;
12 (B) in paragraph (3) by striking ‘‘opera-
13 tors),,’’ and inserting ‘‘operators),’’;
14 (C) in paragraph (4) by striking ‘‘state-
15 wide transportation improvement program’’ and
16 inserting ‘‘STIP’’ each place it appears;
17 (D) in paragraph (5)—
18 (i) in subparagraph (A) by striking
19 ‘‘transportation improvement program’’
20 and inserting ‘‘STIP’’;
21 (ii) in subparagraph (B)(ii) by strik-
22 ing ‘‘metropolitan transportation improve-
23 ment program’’ and inserting ‘‘TIP’’;
24 (iii) in subparagraph (C) by striking
25 ‘‘transportation improvement program’’
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1 and inserting ‘‘STIP’’ each place it ap-
2 pears;
3 (iv) in subparagraph (E) by striking
4 ‘‘transportation improvement program’’
5 and inserting ‘‘STIP’’;
6 (v) in subparagraph (F)(i) by striking
7 ‘‘transportation improvement program’’
8 and inserting ‘‘STIP’’ each place it ap-
9 pears;
10 (vi) in subparagraph (G)(ii) by strik-
11 ing ‘‘transportation improvement program’’
12 and inserting ‘‘STIP’’; and
13 (vii) in subparagraph (H) by striking
14 ‘‘transportation improvement program’’
15 and inserting ‘‘STIP’’;
16 (E) in paragraph (6)—
17 (i) in subparagraph (A)—
18 (I) by striking ‘‘transportation
19 improvement program’’ and inserting
20 ‘‘STIP’’; and
21 (II) by striking ‘‘and projects
22 carried out under the bridge program
23 or the Interstate maintenance pro-
24 gram’’; and
25 (ii) in subparagraph (B)—
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1 (I) by striking ‘‘or under the
2 bridge program or the Interstate
3 maintenance program’’;
4 (II) by striking ‘‘5310, 5311,
5 5316, and 5317’’ and inserting ‘‘5310
6 and 5311’’; and
7 (III) by striking ‘‘statewide
8 transportation improvement program’’
9 and inserting ‘‘STIP’’;
10 (F) in paragraph (7)—
11 (i) in the heading by striking ‘‘TRANS-
12 PORTATION IMPROVEMENT PROGRAM’’ and
13 inserting ‘‘STIP’’; and
14 (ii) by striking ‘‘transportation im-
15 provement program’’ and inserting
16 ‘‘STIP’’;
17 (G) in paragraph (8) by striking ‘‘state-
18 wide transportation plans and programs’’ and
19 inserting ‘‘statewide transportation plans and
20 STIPs’’; and
21 (H) in paragraph (9) by striking ‘‘trans-
22 portation improvement program’’ and inserting
23 ‘‘STIP’’;
24 (6) in subsection (h)(2)(A) by striking ‘‘Not
25 later than 5 years after the date of enactment of the
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1 MAP–21,’’ and inserting ‘‘Not less frequently than
2 once every 4 years,’’;
3 (7) in subsection (k) by striking ‘‘transportation
4 improvement program’’ and inserting ‘‘STIP’’ each
5 place it appears; and
6 (8) in subsection (m) by striking ‘‘transpor-
7 tation improvement programs’’ and inserting
8 ‘‘STIPs’’.
9 SEC. 1403. NATIONAL GOALS AND PERFORMANCE MANAGE-
10 MENT MEASURES.
11 (a) IN GENERAL.—Section 150 of title 23, United
12 States Code, is amended—
13 (1) in subsection (b)—
14 (A) by redesignating paragraph (7) as
15 paragraph (8); and
16 (B) by inserting after paragraph (6) the
17 following:
18 ‘‘(7) COMBATING CLIMATE CHANGE.—To re-
19 duce carbon dioxide and other greenhouse gas emis-
20 sions and reduce the climate impacts of the trans-
21 portation system.’’;
22 (2) in subsection (c)—
23 (A) in paragraph (1) by striking ‘‘Not
24 later than 18 months after the date of enact-
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1 ment of the MAP–21, the Secretary’’ and in-
2 serting ‘‘The Secretary’’; and
3 (B) by adding at the end the following:
4 ‘‘(7) GREENHOUSE GAS EMISSIONS.—The Sec-
5 retary shall establish, in consultation with the Ad-
6 ministrator of the Environmental Protection Agency,
7 measures for States to use to assess—
8 ‘‘(A) carbon dioxide emissions per capita
9 on public roads; and
10 ‘‘(B) any other greenhouse gas emissions
11 per capita on public roads that the Secretary
12 determines to be appropriate.’’;
13 (3) in subsection (d)—
14 (A) in paragraph (1)—
15 (i) by striking ‘‘Not later than 1 year
16 after the Secretary has promulgated the
17 final rulemaking under subsection (c),
18 each’’ and inserting ‘‘Each’’; and
19 (ii) by striking ‘‘and (6)’’ and insert-
20 ing ‘‘(6), and (7)’’; and
21 (B) by adding at the end the following:
22 ‘‘(3) REGRESSIVE TARGETS.—
23 ‘‘(A) IN GENERAL.—A State may not es-
24 tablish a regressive target for the measures de-
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1 scribed under paragraph (4) or paragraph (7)
2 of subsection (c).
3 ‘‘(B) REGRESSIVE TARGET DEFINED.—In
4 this paragraph, the term ‘regressive target’
5 means a target that fails to demonstrate con-
6 stant or improved performance for a particular
7 measure.’’;
8 (4) in subsection (e)—
9 (A) by striking ‘‘Not later than 4 years
10 after the date of enactment of the MAP–21 and
11 biennially thereafter, a’’ and inserting ‘‘A’’; and
12 (B) by inserting ‘‘biennial’’ after ‘‘the Sec-
13 retary a’’; and
14 (5) by adding at the end the following:
15 ‘‘(f) TRANSPORTATION SYSTEM ACCESS.—
16 ‘‘(1) IN GENERAL.—The Secretary shall estab-
17 lish measures for States and metropolitan planning
18 organizations to use to assess the level of safe, reli-
19 able, and convenient transportation system access
20 to—
21 ‘‘(A) employment; and
22 ‘‘(B) services.
23 ‘‘(2) CONSIDERATIONS.—The measures estab-
24 lished pursuant to paragraph (1) shall include the
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1 ability for States and metropolitan planning organi-
2 zations to assess—
3 ‘‘(A) the change in the level of transpor-
4 tation system access for various modes of trav-
5 el, including connection to other modes of
6 transportation, that would result from new
7 transportation investments;
8 ‘‘(B) the level of transportation system ac-
9 cess for economically disadvantaged commu-
10 nities, including to affordable housing; and
11 ‘‘(C) the extent to which transportation ac-
12 cess is impacted by zoning policies and land use
13 planning practices that effect the affordability,
14 elasticity, and diversity of the housing supply.
15 ‘‘(3) DEFINITION OF SERVICES.—In this sub-
16 section, the term ‘services’ includes healthcare facili-
17 ties, child care, education and workforce training,
18 food sources, banking and other financial institu-
19 tions, and other retail shopping establishments.’’.
20 (b) METROPOLITAN TRANSPORTATION PLANNING.—
21 Section 134 of title 23, United States Code, is further
22 amended—
23 (1) in subsection (j)(2)(D)—
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1 (A) by striking ‘‘PERFORMANCE TARGET
2 ACHIEVEMENT’’ in the heading and inserting
3 ‘‘PERFORMANCE MANAGEMENT’’;
4 (B) by striking ‘‘The TIP’’ and inserting
5 the following:
6 ‘‘(i) IN GENERAL.—The TIP’’; and
7 (C) by adding at the end the following:
8 ‘‘(ii) TRANSPORTATION MANAGEMENT
9 AREAS.—For metropolitan planning areas
10 that represent an urbanized area des-
11 ignated as a transportation management
12 area under subsection (k), the TIP shall
13 include—
14 ‘‘(I) a discussion of the antici-
15 pated effect of the TIP toward achiev-
16 ing the performance targets estab-
17 lished in the metropolitan transpor-
18 tation plan, linking investment prior-
19 ities to such performance targets; and
20 ‘‘(II) a description of how the
21 TIP would improve the overall level of
22 transportation system access, con-
23 sistent with section 150(f).’’;
24 (2) in subsection (k)—
25 (A) in paragraph (3)(A)—
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1 (i) by striking ‘‘shall address conges-
2 tion management’’ and inserting the fol-
3 lowing: ‘‘shall address—
4 ‘‘(i) congestion management’’;
5 (ii) by striking the period at the end
6 and inserting ‘‘; and’’; and
7 (iii) by adding at the end the fol-
8 lowing:
9 ‘‘(ii) the overall level of transportation
10 system access for various modes of travel
11 within the metropolitan planning area, in-
12 cluding the level of access for economically
13 disadvantaged communities, consistent
14 with section 150(f), that is based on a co-
15 operatively developed and implemented
16 metropolitan-wide strategy, assessing both
17 new and existing transportation facilities
18 eligible for funding under this title and
19 chapter 53 of title 49.’’; and
20 (B) in paragraph (5)(B)—
21 (i) in clause (i) by striking ‘‘; and’’
22 and inserting a semicolon;
23 (ii) in clause (ii) by striking the pe-
24 riod and inserting ‘‘; and’’; and
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1 (iii) by adding at the end the fol-
2 lowing:
3 ‘‘(iii) the TIP approved under clause
4 (ii) improves the level of transportation
5 system access, consistent with section
6 150(f).’’; and
7 (3) in subsection (l)(2)—
8 (A) by striking ‘‘5 years after the date of
9 enactment of the MAP–21’’ and inserting ‘‘2
10 years after the date of enactment of the IN-
11 VEST in America Act, and every 2 years there-
12 after’’;
13 (B) in subparagraph (C) by striking ‘‘and
14 whether metropolitan planning organizations
15 are developing meaningful performance targets;
16 and’’ and inserting a semicolon; and
17 (C) by striking subparagraph (D) and in-
18 serting the following:
19 ‘‘(D) a listing of all metropolitan planning
20 organizations that are establishing performance
21 targets and whether such performance targets
22 established by the metropolitan planning orga-
23 nization are meaningful or regressive (as de-
24 fined in section 150(d)(3)(B)); and
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1 ‘‘(E) the progress of implementing the
2 measure established under section 150(f).’’.
3 (c) STATEWIDE AND NONMETROPOLITAN TRANSPOR-
4 TATION PLANNING.—Section 135(g)(4) of title 23, United
5 States Code, is further amended—
6 (1) by striking ‘‘PERFORMANCE TARGET
7 ACHIEVEMENT’’ in the heading and inserting ‘‘PER-
8 FORMANCE MANAGEMENT’’;
9 (2) by striking ‘‘shall include, to the maximum
10 extent practicable, a discussion’’ and inserting the
11 following: ‘‘shall include—
12 ‘‘(A) a discussion’’;
13 (3) by striking the period at the end and insert-
14 ing ‘‘; and’’; and
15 (4) by adding at the end the following:
16 ‘‘(B) a consideration of how the STIP im-
17 pacts the overall level of transportation system
18 access, consistent with section 150(f).’’.
19 (d) EFFECTIVE DATE.—The amendment made by
20 subsection (a)(3)(B) shall take effect 1 year before the
21 subsequent State target and reporting deadlines estab-
22 lished pursuant to section 150 of title 23, United States
23 Code.
24 (e) DEVELOPMENT OF GREENHOUSE GAS MEAS-
25 URE.—Not later than 1 year after the date of enactment
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1 of this Act, the Secretary of Transportation shall issue
2 such regulations as are necessary to carry out paragraph
3 (7) of section 150(c) of title 23, United States Code, as
4 added by this Act.
5 (f) DEVELOPMENT OF TRANSPORTATION SYSTEM
6 ACCESS MEASURE.—
7 (1) ESTABLISHMENT.—Not later than 120 days
8 after the date of enactment of this Act, the Sec-
9 retary of Transportation shall establish a working
10 group to assess the provisions of paragraphs (1) and
11 (2) of section 150(f) and make recommendations re-
12 garding the establishment of measures for States
13 and metropolitan planning organizations to use to
14 assess the level of transportation system access for
15 various modes of travel, consistent with section
16 150(f) of title 23, United States Code.
17 (2) MEMBERS.—The working group established
18 pursuant to paragraph (1) shall include representa-
19 tives from—
20 (A) the Department of Transportation;
21 (B) State departments of transportation,
22 including representatives that specialize in pe-
23 destrian and bicycle safety;
24 (C) the Bureau of Transportation Statis-
25 tics;
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1 (D) metropolitan planning organizations
2 representing transportation management areas
3 (as those terms are defined in section 134 of
4 title 23, United States Code);
5 (E) other metropolitan planning organiza-
6 tions or local governments;
7 (F) providers of public transportation;
8 (G) nonprofit entities related to transpor-
9 tation, including relevant safety groups;
10 (H) experts in the field of transportation
11 access data; and
12 (I) any other stakeholders, as determined
13 by the Secretary.
14 (3) REPORT.—
15 (A) SUBMISSION.—Not later than 1 year
16 after the establishment of the working group
17 pursuant to paragraph (1), the working group
18 shall submit to the Secretary a report of rec-
19 ommendations regarding the establishment of
20 measures for States and metropolitan planning
21 organizations to use to assess the level of trans-
22 portation system access, consistent with section
23 150(f) of title 23, United States Code.
24 (B) PUBLICATION.—Not later than 30
25 days after the date on which the Secretary re-
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1 ceives the report under subparagraph (A), the
2 Secretary shall publish the report on a publicly
3 accessible website of the Department of Trans-
4 portation.
5 (4) RULEMAKING.—Not later than 2 years after
6 the date on which the Secretary receives the report
7 under paragraph (3), the Secretary shall issue such
8 regulations as are necessary to implement the re-
9 quirements of section 150(f) of title 23, United
10 States Code.
11 (5) TERMINATION.—The Secretary shall termi-
12 nate the working group established pursuant to
13 paragraph (1) on the date on which the regulation
14 issued pursuant to paragraph (4) takes effect.
15 (g) TRANSPORTATION SYSTEM ACCESS DATA.—
16 (1) IN GENERAL.—Not later than 90 days after
17 the date on which the Secretary of Transportation
18 establishes the measure required under section
19 150(f) of title 23, United States Code, the Secretary
20 shall develop or procure eligible transportation sys-
21 tem access data sets and analytical tools and make
22 such data sets and analytical tools available to State
23 departments of transportation and metropolitan
24 planning areas that represent transportation man-
25 agement areas.
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1 (2) REQUIREMENTS.—An eligible transpor-
2 tation system access data set and analytical tool
3 shall have the following characteristics:
4 (A) The ability to quantify the level of
5 safe, reliable, and convenient transportation
6 system access to—
7 (i) employment;
8 (ii) services; and
9 (iii) connections to other modes of
10 transportation.
11 (B) The ability to quantify transportation
12 system access for various modes of travel, in-
13 cluding—
14 (i) driving;
15 (ii) public transportation;
16 (iii) walking (including conveyance for
17 persons with disabilities); and
18 (iv) cycling (including micromobility).
19 (C) The ability to disaggregate the level of
20 transportation system access by various trans-
21 portation modes by a variety of population cat-
22 egories, including—
23 (i) low-income populations;
24 (ii) minority populations;
25 (iii) age;
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1 (iv) disability; and
2 (v) geographical location.
3 (D) The ability to assess the change in the
4 level of transportation system access that would
5 result from new transportation investments.
6 (3) CONSIDERATION.—An eligible transpor-
7 tation system access data set and analytical tool
8 shall take into consideration safe and connected net-
9 works for walking, cycling, and persons with disabil-
10 ities.
11 (h) DEFINITIONS.—In this section:
12 (1) TRANSPORTATION SYSTEM ACCESS.—The
13 term ‘‘transportation system access’’ has the mean-
14 ing given such term in section 101 of title 23,
15 United States Code.
16 (2) SERVICES.—The term ‘‘services’’ has the
17 meaning given such term in section 150(f) of title
18 23, United States Code.
19 SEC. 1404. TRANSPORTATION DEMAND DATA AND MOD-
20 ELING STUDY.
21 (a) STUDY.—
22 (1) IN GENERAL.—The Secretary of Transpor-
23 tation shall conduct a study on transportation de-
24 mand data and modeling, including transportation
25 demand forecasting, and make recommendations for
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1 developing and utilizing transportation and traffic
2 demand models with a demonstrated record of accu-
3 racy.
4 (2) CONTENTS.—In carrying out the study
5 under this section, the Secretary shall—
6 (A) collect observed transportation demand
7 data and transportation demand forecasts from
8 States and metropolitan planning organizations,
9 including data and forecasts on—
10 (i) traffic counts;
11 (ii) transportation mode share and
12 public transportation ridership; and
13 (iii) vehicle occupancy measures;
14 (B) compare the transportation demand
15 forecasts with the observed transportation de-
16 mand data gathered under subparagraph (A),
17 including an analysis of the level of accuracy of
18 forecasts and possible reasons for large discrep-
19 ancies; and
20 (C) use the information described in sub-
21 paragraphs (A) and (B) to—
22 (i) develop best practices and guid-
23 ance for States and metropolitan planning
24 organizations to use in forecasting trans-
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1 portation demand for future investments in
2 transportation improvements;
3 (ii) evaluate the impact of transpor-
4 tation investments, including new roadway
5 capacity, on transportation behavior and
6 transportation demand, including public
7 transportation ridership, induced highway
8 transportation, and congestion;
9 (iii) support more accurate transpor-
10 tation demand forecasting by States and
11 metropolitan planning organizations;
12 (iv) enhance the capacity of States
13 and metropolitan planning organizations
14 to—
15 (I) forecast transportation de-
16 mand; and
17 (II) track observed transpor-
18 tation behavior responses, including
19 induced transportation, to changes in
20 transportation capacity, pricing, and
21 land use patterns; and
22 (v) develop transportation demand
23 management strategies to maximize the ef-
24 ficiency of the transportation system, im-
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1 prove mobility, reduce congestion, and
2 lower vehicle emissions.
3 (3) COVERED ENTITIES.—In carrying out the
4 study under this section, the Secretary shall ensure
5 that data and forecasts described in paragraph
6 (2)(A) are collected from—
7 (A) States;
8 (B) metropolitan planning organizations
9 that serve an area with a population of 200,000
10 people or fewer; and
11 (C) metropolitan planning organizations
12 that serve an area with a population of over
13 200,000 people.
14 (4) WORKING WITH THE PRIVATE SECTOR.—In
15 carrying out this section, the Secretary may, and is
16 encouraged to, procure additional data as necessary
17 from university transportation centers, private sector
18 providers, and other entities as is needed and may
19 use funds authorized under section 503(b) of title
20 23, United States Code, for carrying out this para-
21 graph.
22 (5) WORKING WITH AFFECTED COMMU-
23 NITIES.—In carrying out this section, the Secretary
24 shall consult with, and collect data and input from,
25 representatives of—
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1 (A) the Department of Transportation;
2 (B) State departments of transportation;
3 (C) metropolitan planning organizations;
4 (D) local governments;
5 (E) providers of public transportation;
6 (F) nonprofit entities related to transpor-
7 tation, including safety, cycling, disability, and
8 equity groups; and
9 (G) any other stakeholders, as determined
10 by the Secretary.
11 (b) REPORT.—Not later than 2 years after the date
12 of enactment of this Act, the Secretary shall submit to
13 Congress a report containing the findings of the study
14 conducted under subsection (a).
15 (c) SECRETARIAL SUPPORT.—The Secretary shall
16 seek opportunities to support the transportation planning
17 processes under sections 134 and 135 of title 23, United
18 States Code, through the provision of data to States and
19 metropolitan planning organizations to improve the qual-
20 ity of transportation plans, models, and demand forecasts.
21 (d) UPDATE GUIDANCE AND REGULATIONS.—The
22 Secretary shall—
23 (1) update Department of Transportation guid-
24 ance and procedures to utilize best practices docu-
25 mented throughout the Federal program; and
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1 (2) ensure that best practices included in the
2 report are incorporated into appropriate regulations
3 as such regulations are updated.
4 (e) CONTINUING IMPROVEMENT.—The Secretary
5 shall set out a process to repeat the study under this sec-
6 tion every 2 years as part of the conditions and perform-
7 ance report, including—
8 (1) progress in the accuracy of model projec-
9 tions;
10 (2) further recommendations for improvement;
11 and
12 (3) further changes to guidance, regulation, and
13 procedures required for the Department of Trans-
14 portation to adopt best practices.
15 SEC. 1405. FISCAL CONSTRAINT ON LONG-RANGE TRANS-
16 PORTATION PLANS.
17 Not later than 1 year after the date of enactment
18 of this Act, the Secretary shall amend section
19 450.324(f)(11)(v) of title 23, Code of Federal Regulations,
20 to ensure that the outer years of a metropolitan transpor-
21 tation plan are defined as ‘‘beyond the first 4 years’’.
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1 Subtitle E—Federal Lands, Tribes,
2 and Territories
3 SEC. 1501. TERRITORIAL AND PUERTO RICO HIGHWAY PRO-
4 GRAM.
5 Section 165 of title 23, United States Code, is
6 amended—
7 (1) in subsection (a)—
8 (A) in paragraph (1) by striking
9 ‘‘$158,000,000’’ and inserting ‘‘$210,000,000’’;
10 and
11 (B) in paragraph (2) by striking
12 ‘‘$42,000,000’’ and inserting ‘‘$100,000,000’’;
13 (2) in subsection (c)(6)(A)(iii) by striking ‘‘in
14 accordance with subsections (b) and (c) of section
15 129’’ and inserting ‘‘including such boats, facilities,
16 and approaches that are privately or majority-pri-
17 vately owned, provided that such boats, facilities,
18 and approaches provide a substantial public ben-
19 efit’’; and
20 (3) by adding at the end the following:
21 ‘‘(d) PARTICIPATION OF TERRITORIES IN DISCRE-
22 TIONARY PROGRAMS.—For any program in which the Sec-
23 retary may allocate funds out of the Highway Trust Fund
24 (other than the Mass Transit Account) to a State at the
25 discretion of the Secretary, the Secretary may allocate
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1 funds to one or more territory for any project or activity
2 that otherwise would be eligible under such program if
3 such project or activity was being carried out in a State.’’.
4 SEC. 1502. TRIBAL TRANSPORTATION PROGRAM.
5 Section 202 of title 23, United States Code, is
6 amended—
7 (1) in subsection (d)—
8 (A) in paragraph (1) by striking ‘‘improv-
9 ing deficient’’ and inserting ‘‘the construction
10 and reconstruction of’’;
11 (B) in paragraph (2)—
12 (i) in subparagraph (A) by inserting
13 ‘‘construct,’’ after ‘‘project to’’; and
14 (ii) in subparagraph (B)—
15 (I) by striking ‘‘deficient’’; and
16 (II) by inserting ‘‘in poor condi-
17 tion’’ after ‘‘facility bridges’’; and
18 (C) in paragraph (3)—
19 (i) in the heading by striking ‘‘ELIGI-
20 BLE BRIDGES’’ and inserting ‘‘ELIGIBILITY
21 FOR EXISTING BRIDGES’’;
22 (ii) by striking ‘‘a bridge’’ and insert-
23 ing ‘‘an existing bridge’’; and
24 (iii) in subparagraph (C) by striking
25 ‘‘structurally deficient or functionally obso-
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1 lete’’ and inserting ‘‘in poor condition’’;
2 and
3 (2) in subsection (e) by striking ‘‘for eligible
4 projects described in section 148(a)(4).’’ and insert-
5 ing the following: ‘‘for—
6 ‘‘(A) eligible projects described in section
7 148(a)(4);
8 ‘‘(B) projects to promote public awareness
9 and education concerning highway safety mat-
10 ters (including bicycle, all-terrain, motorcyclist,
11 and pedestrian safety); or
12 ‘‘(C) projects to enforce highway safety
13 laws.’’.
14 SEC. 1503. TRIBAL HIGH PRIORITY PROJECTS PROGRAM.
15 (a) TRIBAL TRANSPORTATION PROGRAM.—Section
16 202 of title 23, United States Code, is amended—
17 (1) by redesignating subsection (f) as sub-
18 section (g); and
19 (2) by inserting after subsection (e) the fol-
20 lowing:
21 ‘‘(f) TRIBAL HIGH PRIORITY PROJECTS PROGRAM.—
22 Before making any distribution under subsection (b), the
23 Secretary shall set aside $50,000,000 from the funds
24 made available under the tribal transportation program
25 for each fiscal year to carry out the Tribal High Priority
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1 Projects program under section 1123 of MAP–21 (23
2 U.S.C. 202 note).’’.
3 (b) TRIBAL HIGH PRIORITY PROJECTS PROGRAM.—
4 Section 1123 of MAP–21 (23 U.S.C. 202 note) is amend-
5 ed—
6 (1) in subsection (a)(1)(C) by striking ‘‘re-
7 quired by that section’’ and inserting ‘‘required
8 under such program’’;
9 (2) in subsection (b)(1) by striking ‘‘use
10 amounts made available under subsection (h) to’’;
11 (3) in subsection (d)—
12 (A) in paragraph (2) by inserting ‘‘, in
13 consultation with the Secretary of the Interior,’’
14 after ‘‘The Secretary’’; and
15 (B) in paragraph (3) by striking ‘‘of the
16 Interior’’ each place it appears;
17 (4) in subsection (f) by striking ‘‘$1,000,000’’
18 and inserting ‘‘$5,000,000’’;
19 (5) in subsection (g) by striking ‘‘and the Sec-
20 retary’’ and inserting ‘‘or the Secretary’’; and
21 (6) by striking subsection (h) and inserting the
22 following:
23 ‘‘(h) ADMINISTRATION.—The funds made available to
24 carry out this section shall be administered in the same
25 manner as funds made available for the Tribal transpor-
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1 tation program under section 202 of title 23, United
2 States Code.’’.
3 SEC. 1504. FEDERAL LANDS TRANSPORTATION PROGRAM.
4 (a) IN GENERAL.—Section 203(a) of title 23, United
5 States Code, is amended by adding at the end the fol-
6 lowing:
7 ‘‘(6) TRANSFER FOR HIGH-COMMUTER COR-
8 RIDORS.—
9 ‘‘(A) REQUEST.—If the head of a covered
10 agency determines that a high-commuter cor-
11 ridor requires additional investment, based on
12 the criteria described in subparagraph (D), the
13 head of a covered agency, with respect to such
14 corridor, shall submit to the State—
15 ‘‘(i) information on condition of pave-
16 ments and bridges;
17 ‘‘(ii) an estimate of the amounts need-
18 ed to bring such corridor into a state of
19 good repair, taking into consideration any
20 planned future investments; and
21 ‘‘(iii) at the discretion of the head of
22 a covered agency, a request that the State
23 transfer to the covered agency, under the
24 authority of section 132 or section 204, or
25 to the Federal Highway Administration,
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1 under the authority of section 104, a por-
2 tion of such amounts necessary to address
3 the condition of the corridor.
4 ‘‘(B) STATE RESPONSE.—Not later than
5 45 days after the date of receipt of the request
6 described in subparagraph (A)(iii), the State
7 shall—
8 ‘‘(i) approve the request;
9 ‘‘(ii) deny the request and explain the
10 reasons for such denial; or
11 ‘‘(iii) request any additional informa-
12 tion necessary to take action on the re-
13 quest.
14 ‘‘(C) NOTIFICATION TO THE SEC-
15 RETARY.—The head of a covered agency shall
16 provide to the Secretary a copy of any request
17 described under subparagraph (A)(iii) and re-
18 sponse described under subparagraph (B).
19 ‘‘(D) CRITERIA.—In making a determina-
20 tion under subparagraph (A), the head of a cov-
21 ered agency, with respect to the corridor, shall
22 consider—
23 ‘‘(i) the condition of roads, bridges,
24 and tunnels; and
25 ‘‘(ii) the average annual daily traffic.
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1 ‘‘(E) DEFINITIONS.—In this paragraph:
2 ‘‘(i) COVERED AGENCY.—The term
3 ‘covered agency’ means a Federal agency
4 eligible to receive funds under this section,
5 section 203, or section 204, including the
6 Army Corps of Engineers, Bureau of Rec-
7 lamation, and the Bureau of Land Man-
8 agement.
9 ‘‘(ii) HIGH-COMMUTER CORRIDOR.—
10 The term ‘high-commuter corridor’ means
11 a highway, bridge, or other transportation
12 facility for which title and maintenance re-
13 sponsibility is vested in the Federal Gov-
14 ernment that has average annual daily
15 traffic of not less than 20,000 vehicles.’’.
16 (b) GAO STUDY REGARDING NPS MAINTENANCE.—
17 (1) STUDY.—The Comptroller General of the
18 United States shall study the National Park Service
19 maintenance prioritization of Federal lands trans-
20 portation facilities.
21 (2) CONTENTS.—At minimum, the study under
22 paragraph (1) shall examine—
23 (A) general administrative maintenance of
24 the National Park Service;
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1 (B) how the National Park Service cur-
2 rently prioritizes maintenance of Federal facili-
3 ties covered under the Federal Lands Transpor-
4 tation Program;
5 (C) what kind of maintenance the National
6 Parkway Service is performing;
7 (D) to what degree does the National Park
8 Service prioritize high-commuter corridors; and
9 (E) how the National Park Service can
10 better service the needs of high commuter cor-
11 ridors.
12 (3) REPORT.—Not later than 1 year after the
13 date of enactment of this Act, the Comptroller Gen-
14 eral shall submit to the Committee on Transpor-
15 tation and Infrastructure of the House of Represent-
16 atives and the Committee on Environment and Pub-
17 lic Works of the Senate a report summarizing the
18 study and the results of such study, including rec-
19 ommendations for addressing the maintenance needs
20 and prioritization of high-commuter corridors.
21 (4) DEFINITION OF HIGH-COMMUTER COR-
22 RIDOR.—In this section, the term ‘‘high-commuter
23 corridor’’ means a Federal lands transportation fa-
24 cility that has average annual daily traffic of not less
25 than 20,000 vehicles.
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1 SEC. 1505. FEDERAL LANDS AND TRIBAL MAJOR PROJECTS
2 PROGRAM.
3 (a) IN GENERAL.—Chapter 2 of title 23, United
4 States Code, is amended by inserting after section 207 the
5 following:
6 ‘‘§ 208. Federal lands and Tribal major projects pro-
7 gram
8 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab-
9 lish a Federal lands and Tribal major projects program
10 (referred to in this section as the ‘program’) to provide
11 funding to construct, reconstruct, or rehabilitate critical
12 Federal lands and Tribal transportation infrastructure.
13 ‘‘(b) ELIGIBLE APPLICANTS.—
14 ‘‘(1) IN GENERAL.—Except as provided in para-
15 graph (2), entities eligible to receive funds under
16 sections 201, 202, 203, and 204 may apply for fund-
17 ing under the program.
18 ‘‘(2) SPECIAL RULE.—A State, county, or unit
19 of local government may only apply for funding
20 under the program if sponsored by an eligible Fed-
21 eral land management agency or Indian Tribe.
22 ‘‘(c) ELIGIBLE PROJECTS.—An eligible project under
23 the program shall be on a Federal lands transportation
24 facility, a Federal lands access transportation facility, or
25 a tribal transportation facility, except that such facility is
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1 not required to be included in an inventory described in
2 section 202 or 203, and for which—
3 ‘‘(1) the project—
4 ‘‘(A) has completed the activities required
5 under the National Environmental Policy Act of
6 1969 (42 U.S.C. 4321 et seq.) which has been
7 demonstrated through—
8 ‘‘(i) a record of decision with respect
9 to the project;
10 ‘‘(ii) a finding that the project has no
11 significant impact; or
12 ‘‘(iii) a determination that the project
13 is categorically excluded; or
14 ‘‘(B) is reasonably expected to begin con-
15 struction not later than 18 months after the
16 date of obligation of funds for the project; and
17 ‘‘(2) the project has an estimated cost equal to
18 or exceeding—
19 ‘‘(A) $12,500,000 if it is on a Federal
20 lands transportation facility or a Federal lands
21 access transportation facility; and
22 ‘‘(B) $5,000,000 if it is on a Tribal trans-
23 portation facility.
24 ‘‘(d) ELIGIBLE ACTIVITIES.—Grant amounts re-
25 ceived for a project under this section may be used for—
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1 ‘‘(1) development phase activities, including
2 planning, feasibility analysis, revenue forecasting,
3 environmental review, preliminary engineering and
4 design work, and other preconstruction activities;
5 and
6 ‘‘(2) construction, reconstruction, and rehabili-
7 tation activities.
8 ‘‘(e) APPLICATIONS.—Eligible applicants shall submit
9 to the Secretary an application at such time, in such form,
10 and containing such information as the Secretary may re-
11 quire.
12 ‘‘(f) PROJECT REQUIREMENTS.—The Secretary may
13 select a project to receive funds under the program only
14 if the Secretary determines that the project—
15 ‘‘(1) improves the condition of critical transpor-
16 tation facilities, including multimodal facilities;
17 ‘‘(2) cannot be easily and efficiently completed
18 with amounts made available under section 202,
19 203, or 204; and
20 ‘‘(3) is cost effective.
21 ‘‘(g) MERIT CRITERIA.—In making a grant under
22 this section, the Secretary shall consider whether the
23 project—
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1 ‘‘(1) will generate state of good repair, resil-
2 ience, economic competitiveness, quality of life, mo-
3 bility, or safety benefits;
4 ‘‘(2) in the case of a project on a Federal lands
5 transportation facility or a Federal lands access
6 transportation facility, has costs matched by funds
7 that are not provided under this section or this title;
8 and
9 ‘‘(3) generates benefits for land owned by mul-
10 tiple Federal land management agencies or Indian
11 Tribes, or which spans multiple States.
12 ‘‘(h) EVALUATION AND RATING.—To evaluate appli-
13 cations, the Secretary shall—
14 ‘‘(1) determine whether a project meets the re-
15 quirements under subsection (f);
16 ‘‘(2) evaluate, through a discernable and trans-
17 parent methodology, how each application addresses
18 one or more merit criteria established under sub-
19 section (g);
20 ‘‘(3) assign a rating for each merit criteria for
21 each application; and
22 ‘‘(4) consider applications only on the basis of
23 such quality ratings and which meet the minimally
24 acceptable level for each of the merit criteria.
25 ‘‘(i) COST SHARE.—
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1 ‘‘(1) FEDERAL LANDS PROJECTS.—
2 ‘‘(A) IN GENERAL.—Notwithstanding sec-
3 tion 120, the Federal share of the cost of a
4 project on a Federal lands transportation facil-
5 ity or a Federal lands access transportation fa-
6 cility shall be up to 90 percent.
7 ‘‘(B) NON-FEDERAL SHARE.—Notwith-
8 standing any other provision of law, any Fed-
9 eral funds may be used to pay the non-Federal
10 share of the cost of a project carried out under
11 this section.
12 ‘‘(2) TRIBAL PROJECTS.—The Federal share of
13 the cost of a project on a Tribal transportation facil-
14 ity shall be 100 percent.
15 ‘‘(j) USE OF FUNDS.—For each fiscal year, of the
16 amounts made available to carry out this section, not more
17 than 50 percent shall be used for eligible projects on Fed-
18 eral lands transportation facilities or Federal lands access
19 transportation facilities and Tribal transportation facili-
20 ties, respectively.’’.
21 (b) CLERICAL AMENDMENT.—The analysis for chap-
22 ter 2 of title 23, United States Code, is amended by insert-
23 ing after the item relating to section 207 the following
24 new item:
‘‘208. Federal lands and Tribal major projects program.’’.
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1 (c) REPEAL.—Section 1123 of the FAST Act (23
2 U.S.C. 201 note), and the item related to such section in
3 the table of contents under section 1(b) of such Act, are
4 repealed.
5 SEC. 1506. OFFICE OF TRIBAL GOVERNMENT AFFAIRS.
6 Section 102 of title 49, United States Code, is
7 amended—
8 (1) in subsection (e)(1)—
9 (A) by striking ‘‘6 Assistant’’ and inserting
10 ‘‘7 Assistant’’;
11 (B) in subparagraph (C) by striking ‘‘;
12 and’’ and inserting a semicolon;
13 (C) by redesignating subparagraph (D) as
14 subparagraph (E); and
15 (D) by inserting after subparagraph (C)
16 the following:
17 ‘‘(D) an Assistant Secretary for Tribal
18 Government Affairs, who shall be appointed by
19 the President; and’’; and
20 (2) in subsection (f)—
21 (A) in the heading by striking ‘‘DEPUTY
22 ASSISTANT SECRETARY FOR TRIBAL GOVERN-
23 MENT AFFAIRS’’ and inserting ‘‘OFFICE OF
24 TRIBAL GOVERNMENT AFFAIRS’’; and
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1 (B) by striking paragraph (1) and insert-
2 ing the following:
3 ‘‘(1) ESTABLISHMENT.—There is established in
4 the Department an Office of Tribal Government Af-
5 fairs, under the Assistant Secretary for Tribal Gov-
6 ernment Affairs, to—
7 ‘‘(A) oversee the Tribal transportation self-
8 governance program under section 207 of title
9 23;
10 ‘‘(B) plan, coordinate, and implement poli-
11 cies and programs serving Indian Tribes and
12 Tribal organizations;
13 ‘‘(C) coordinate Tribal transportation pro-
14 grams and activities in all offices and adminis-
15 trations of the Department;
16 ‘‘(D) provide technical assistance to Indian
17 Tribes and Tribal organizations;
18 ‘‘(E) be a participant in any negotiated
19 rulemakings relating to, or having an impact
20 on, projects, programs, or funding associated
21 with the tribal transportation program under
22 section 202 of title 23; and
23 ‘‘(F) ensure that Department programs
24 have in place, implement, and enforce require-
25 ments and obligations for regular and meaning-
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1 ful consultation and collaboration with Tribes
2 and Tribal officials under Executive Order No.
3 13175 and to serve as the primary advisor to
4 the Secretary and other Department compo-
5 nents regarding violations of those require-
6 ments.’’.
7 SEC. 1507. ALTERNATIVE CONTRACTING METHODS.
8 (a) LAND MANAGEMENT AGENCIES AND TRIBAL
9 GOVERNMENTS.—Section 201 of title 23, United States
10 Code, is amended by adding at the end the following:
11 ‘‘(f) ALTERNATIVE CONTRACTING METHODS.—
12 ‘‘(1) IN GENERAL.—Notwithstanding any other
13 provision of law, the Secretary may use a con-
14 tracting method available to a State under this title
15 on behalf of—
16 ‘‘(A) a Federal land management agency,
17 with respect to any funds available pursuant to
18 section 203 or 204;
19 ‘‘(B) a Federal land management agency,
20 with respect to any funds available pursuant to
21 section 1535 of title 31 for any eligible use de-
22 scribed in sections 203(a)(1) and 204(a)(1) of
23 this title; or
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1 ‘‘(C) a Tribal Government, with respect to
2 any funds available pursuant to section
3 202(b)(7)(D).
4 ‘‘(2) METHODS DESCRIBED.—The contracting
5 methods referred to in paragraph (1) shall include,
6 at a minimum—
7 ‘‘(A) project bundling;
8 ‘‘(B) bridge bundling;
9 ‘‘(C) design-build contracting;
10 ‘‘(D) 2-phase contracting;
11 ‘‘(E) long-term concession agreements; and
12 ‘‘(F) any method tested, or that could be
13 tested, under an experimental program relating
14 to contracting methods carried out by the Sec-
15 retary.
16 ‘‘(3) RULE OF CONSTRUCTION.—Nothing in
17 this subsection—
18 ‘‘(A) affects the application of the Federal
19 share for a project carried out with a con-
20 tracting method under this subsection; or
21 ‘‘(B) modifies the point of obligation of
22 Federal salaries and expenses.’’.
23 (b) USE OF ALTERNATIVE CONTRACTING METH-
24 OD.—In carrying out the amendments made by this sec-
25 tion, the Secretary shall—
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1 (1) in consultation with the applicable Federal
2 land management agencies, establish procedures that
3 are—
4 (A) applicable to each alternative con-
5 tracting method; and
6 (B) to the maximum extent practicable,
7 consistent with requirements for Federal pro-
8 curement transactions;
9 (2) solicit input on the use of each alternative
10 contracting method from any affected industry prior
11 to using such method; and
12 (3) analyze and prepare an evaluation of the
13 use of each alternative contracting method.
14 SEC. 1508. DIVESTITURE OF FEDERALLY OWNED BRIDGES.
15 (a) IN GENERAL.—The Commissioner of the Bureau
16 of Reclamation may transfer ownership of a bridge that
17 is owned by the Bureau of Reclamation if—
18 (1) the ownership of the bridge is transferred to
19 a State with the concurrence of such State;
20 (2) the State to which ownership is transferred
21 agrees to operate and maintain the bridge;
22 (3) the transfer of ownership complies with all
23 applicable Federal requirements, including—
24 (A) section 138 of title 23, United States
25 Code;
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1 (B) section 306108 of title 54, United
2 States Code; and
3 (C) the National Environmental Policy Act
4 of 1969 (42 U.S.C. 4321 et seq.); and
5 (4) the Bureau of Reclamation and the State to
6 which ownership is being transferred jointly notify
7 the Secretary of Transportation of the intent to con-
8 duct a transfer prior to such transfer.
9 (b) ACCESS.—In a transfer of ownership of a bridge
10 under this section, the Commissioner of the Bureau of
11 Reclamation—
12 (1) shall not be required to transfer ownership
13 of the land on which the bridge is located or any ad-
14 jacent lands; and
15 (2) shall make arrangements with the State to
16 which ownership is being transferred to allow for
17 adequate access to such bridge, including for the
18 purposes of construction, maintenance, and bridge
19 inspections pursuant to section 144 of title 23,
20 United States Code.
21 SEC. 1509. STUDY ON FEDERAL FUNDING AVAILABLE TO IN-
22 DIAN TRIBES.
23 Not later than January 31 of each year, the Sec-
24 retary of Transportation shall submit to the Committee
25 on Transportation and Infrastructure of the House of
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1 Representatives and the Committee on Environment and
2 Public Works of the Senate a report that—
3 (1) identifies the number of Indian Tribes that
4 were direct recipients of funds under any discre-
5 tionary Federal highway, transit, or highway safety
6 program in the prior fiscal year;
7 (2) lists the total amount of such funds made
8 available directly to such Tribes;
9 (3) identifies the number and location of Indian
10 Tribes that were indirect recipients of funds under
11 any formula-based Federal highway, transit, or high-
12 way safety program in the prior fiscal year; and
13 (4) lists the total amount of such funds made
14 available indirectly to such tribes through states or
15 other direct recipients of Federal highway, transit or
16 highway safety funding.
17 SEC. 1510. GAO STUDY.
18 (a) IN GENERAL.—The Comptroller General of the
19 United States shall conduct a study on the deferred main-
20 tenance of United States forest roads, including—
21 (1) the current backlog;
22 (2) the current actions on such maintenance
23 and backlog;
24 (3) the impacts of public safety due to such de-
25 ferred maintenance; and
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1 (4) recommendations for Congress on ways to
2 address such backlog.
3 (b) REPORT.—Not later than 1 year after the date
4 of enactment of this Act, the Comptroller General of the
5 United States shall submit to the Committee on Transpor-
6 tation and Infrastructure of the House of Representatives
7 and the Committee on Environment and Public Works of
8 the Senate a report containing the results of the study
9 conducted under subsection (a).
10 Subtitle F—Additional Provisions
11 SEC. 1601. VISION ZERO.
12 (a) IN GENERAL.—A local government, metropolitan
13 planning organization, or regional transportation planning
14 organization may develop and implement a vision zero
15 plan to significantly reduce or eliminate transportation-re-
16 lated fatalities and serious injuries within a specified time-
17 frame, not to exceed 20 years.
18 (b) USE OF FUNDS.—Amounts apportioned to a
19 State under paragraph (2) or (3) of section 104(b) of title
20 23, United States Code, may be used to carry out a vision
21 zero plan under this section.
22 (c) CONTENTS OF PLAN.—A vision zero plan under
23 this section shall include—
24 (1) a description of programs, strategies, or
25 policies intended to significantly reduce or eliminate
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1 transportation-related fatalities and serious injuries
2 within a specified timeframe, not to exceed 20 years,
3 that is consistent with a State strategic highway
4 safety plan and uses existing transportation data
5 and consideration of risk factors;
6 (2) plans for implementation of, education of
7 the public about, and enforcement of such programs,
8 strategies, or policies;
9 (3) a description of how such programs, strate-
10 gies, or policies, and the enforcement of such pro-
11 grams, strategies, or policies will—
12 (A) equitably invest in the safety needs of
13 low-income and minority communities;
14 (B) ensure that such communities are not
15 disproportionately targeted by law enforcement;
16 and
17 (C) protect the rights of members of such
18 communities with respect to title VI of the Civil
19 Rights Act of 1964 (42 U.S.C. 2000d et seq.);
20 and
21 (4) a description of a mechanism to evaluate
22 progress of the development and implementation of
23 the plan, including the gathering and use of trans-
24 portation safety and demographic data.
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1 (d) INCLUSIONS.—A vision zero plan may include a
2 complete streets prioritization plan that identifies a spe-
3 cific list of projects to—
4 (1) create a connected network of active trans-
5 portation facilities, including sidewalks, bikeways, or
6 pedestrian and bicycle trails, to connect communities
7 and provide safe, reliable, affordable, and convenient
8 access to employment, housing, and services, con-
9 sistent with the goals described in section 150(b) of
10 title 23, United States Code;
11 (2) integrate active transportation facilities with
12 public transportation service or improve access to
13 public transportation; and
14 (3) improve transportation options for low-in-
15 come and minority communities.
16 (e) COORDINATION.—A vision zero plan under this
17 section shall provide for coordination of various subdivi-
18 sions of a unit of local government in the implementation
19 of the plan, including subdivisions responsible for law en-
20 forcement, public health, data collection, and public works.
21 (f) SAFETY PERFORMANCE MANAGEMENT.—A vision
22 zero plan under this section is not sufficient to dem-
23 onstrate compliance with the safety performance or plan-
24 ning requirements of section 148 or 150 of title 23, United
25 States Code.
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1 SEC. 1602. SPEED LIMITS.
2 (a) SPEED LIMITS.—The Secretary of Transpor-
3 tation shall revise the Manual on Uniform Traffic Control
4 Devices to provide for a safe system approach to setting
5 speed limits, consistent with the safety recommendations
6 issued by the National Transportation Safety Board on
7 August 15, 2017, numbered H–17–27 and H–17–028.
8 (b) CONSIDERATIONS.—In carrying out subpara-
9 graph (A), the Secretary shall consider—
10 (1) crash statistics;
11 (2) road geometry characteristics;
12 (3) roadside characteristics;
13 (4) traffic volume;
14 (5) the possibility and likelihood of human
15 error;
16 (6) human injury tolerance;
17 (7) the prevalence of vulnerable road users; and
18 (8) 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 gram Plan of the Department of Transportation, as de-
26 scribed in the safety recommendation issued by the Na-
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1 tional Transportation Safety Board on August 15, 2017,
2 numbered H–17–018.
3 (d) DEFINITIONS.—In this section, the terms ‘‘safe
4 system approach’’ and ‘‘vulnerable road user’’ have the
5 meanings given such terms in section 148(a) of title 23,
6 United States Code.
7 SEC. 1603. BROADBAND INFRASTRUCTURE DEPLOYMENT.
8 (a) DEFINITIONS.—In this section:
9 (1) APPROPRIATE STATE AGENCY.—The term
10 ‘‘appropriate State agency’’ means a State govern-
11 mental agency that is recognized by the executive
12 branch of the State as having the experience nec-
13 essary to evaluate and facilitate the installation and
14 operation of broadband infrastructure within the
15 State.
16 (2) BROADBAND.—The term ‘‘broadband’’ has
17 the meaning given the term ‘‘advanced telecommuni-
18 cations capability’’ in section 706 of the Tele-
19 communications Act of 1996 (47 U.S.C. 1302).
20 (3) BROADBAND CONDUIT.—The term
21 ‘‘broadband conduit’’ means a conduit or innerduct
22 for fiber optic cables (or successor technology of
23 greater quality and speed) that supports the provi-
24 sion of broadband.
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1 (4) BROADBAND INFRASTRUCTURE.—The term
2 ‘‘broadband infrastructure’’ means any buried or un-
3 derground facility and any wireless or wireline con-
4 nection that enables the provision of broadband.
5 (5) BROADBAND PROVIDER.—The term
6 ‘‘broadband provider’’ means an entity that provides
7 broadband to any person or facilitates provision of
8 broadband to any person, including, with respect to
9 such entity—
10 (A) a corporation, company, association,
11 firm, partnership, nonprofit organization, or
12 any other private entity;
13 (B) a State or local broadband provider;
14 (C) an Indian Tribe; and
15 (D) a partnership between any of the enti-
16 ties described in subparagraphs (A), (B), and
17 (C).
18 (6) COVERED HIGHWAY CONSTRUCTION
19 PROJECT.—
20 (A) IN GENERAL.—The term ‘‘covered
21 highway construction project’’ means, without
22 regard to ownership of a highway, a project to
23 construct a new highway or an additional lane
24 for an existing highway, to reconstruct an exist-
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1 ing highway, or new construction, including for
2 a paved shoulder.
3 (B) EXCLUSIONS.—The term ‘‘covered
4 highway construction project’’ excludes any
5 project—
6 (i) awarded before the date on which
7 regulations required under subsection (b)
8 take effect;
9 (ii) that does not include work beyond
10 the edge of pavement or current paved
11 shoulder; or
12 (iii) that does not require excavation.
13 (7) DIG ONCE REQUIREMENT.—The term ‘‘dig
14 once requirement’’ means a requirement designed to
15 reduce the cost and accelerate the deployment to
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)).
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1 (9) NTIA ADMINISTRATOR.—The term ‘‘NTIA
2 Administrator’’ means the Assistant Secretary of
3 Commerce for Communications and Information.
4 (10) PROJECT.—The term ‘‘project’’ has the
5 meaning given such term in section 101 of title 23,
6 United States Code.
7 (11) SECRETARY.—The term ‘‘Secretary’’
8 means the Secretary of Transportation.
9 (12) STATE.—The term ‘‘State’’ has the mean-
10 ing given such term in section 401 of title 23,
11 United States Code.
12 (13) STATE OR LOCAL BROADBAND PRO-
13 VIDER.—The term ‘‘State or local broadband pro-
14 vider’’ means a State or political subdivision thereof,
15 or any agency, authority, or instrumentality of a
16 State or political subdivision thereof, that provides
17 broadband to any person or facilitates the provision
18 of broadband to any person in that State.
19 (14) TRIBAL GOVERNMENT.—The term ‘‘Tribal
20 government’’ means the recognized governing body
21 of an Indian Tribe or any agency, authority, or in-
22 strumentality of such governing body or such Indian
23 Tribe.
24 (b) DIG ONCE REQUIREMENT.—To facilitate the in-
25 stallation of broadband infrastructure, the Secretary shall,
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1 not later than 9 months after the date of enactment of
2 this Act, promulgate regulations to ensure that each State
3 that receives funds under chapter 1 of title 23, United
4 States Code, meets the following requirements:
5 (1) BROADBAND PLANNING.—The State depart-
6 ment of transportation, in consultation with appro-
7 priate State agencies, shall—
8 (A) identify a broadband coordinator, who
9 may have additional responsibilities in the State
10 department of transportation or in another
11 State agency, that is responsible for facilitating
12 the broadband infrastructure right-of-way ef-
13 forts within the State; and
14 (B) review existing State broadband plans,
15 including existing dig once requirements of the
16 State, municipal governments incorporated
17 under State law, and Tribal governments within
18 the State, to determine opportunities to coordi-
19 nate projects occurring within or across high-
20 way rights-of-way with planned broadband in-
21 frastructure projects.
22 (2) NOTICE OF PLANNED CONSTRUCTION FOR
23 BROADBAND PROVIDERS.—
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1 (A) NOTICE.—The State department of
2 transportation, in consultation with appropriate
3 State agencies, shall establish a process—
4 (i) for the registration of broadband
5 providers that seek to be included in the
6 advance notification of, and opportunity to
7 participate in, broadband infrastructure
8 right-of-way facilitation efforts within the
9 State; and
10 (ii) to electronically notify all
11 broadband providers registered under
12 clause (i)—
13 (I) of the State transportation
14 improvement program on at least an
15 annual basis; and
16 (II) of projects within the high-
17 way right-of-way for which Federal
18 funding is expected to be obligated in
19 the subsequent fiscal year.
20 (B) WEBSITE.—A State department of
21 transportation shall be considered to meet the
22 requirements of subparagraph (A) if such State
23 department of transportation publishes on a
24 public website—
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1 (i) the State transportation improve-
2 ment program on at least an annual basis;
3 and
4 (ii) projects within the highway right-
5 of-way for which Federal funding is ex-
6 pected to be obligated in the subsequent
7 fiscal year.
8 (C) COORDINATION.—The State depart-
9 ment of transportation, in consultation with ap-
10 propriate State agencies, shall establish a proc-
11 ess for a broadband provider to commit to in-
12 stalling broadband conduit or broadband infra-
13 structure as part of any project.
14 (3) REQUIRED INSTALLATION OF CONDUIT.—
15 (A) IN GENERAL.—The State department
16 of transportation shall install broadband con-
17 duit, in accordance with this paragraph, except
18 as described in subparagraph (F), as part of
19 any covered highway construction project, un-
20 less a broadband provider has committed to in-
21 stall broadband conduit or broadband infra-
22 structure as part of such project in a process
23 described under paragraph (2)(C).
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1 (B) INSTALLATION REQUIREMENTS.—The
2 State department of transportation shall ensure
3 that—
4 (i) an appropriate number of
5 broadband conduits, as determined in con-
6 sultation with the appropriate State agen-
7 cies, are installed along the highway of a
8 covered highway construction project to ac-
9 commodate multiple broadband providers,
10 with consideration given to the availability
11 of existing conduits;
12 (ii) the size of each such conduit is
13 consistent with industry best practices and
14 is sufficient to accommodate potential de-
15 mand, as determined in consultation with
16 the appropriate State agencies;
17 (iii) hand holes and manholes nec-
18 essary for fiber access and pulling with re-
19 spect to such conduit are placed at inter-
20 vals consistent with standards determined
21 in consultation with the appropriate State
22 agencies (which may differ by type of road,
23 topologies, and rurality) and consistent
24 with safety requirements;
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1 (iv) each broadband conduit installed
2 pursuant to this paragraph includes a pull
3 tape and is capable of supporting fiber
4 optic cable placement techniques consistent
5 with best practices; and
6 (v) is placed at a depth consistent
7 with requirements of the covered highway
8 construction project and best practices and
9 that, in determining the depth of place-
10 ment, consideration is given to the location
11 of existing utilities and cable separation re-
12 quirements of State and local electrical
13 codes.
14 (C) GUIDANCE FOR THE INSTALLATION OF
15 BROADBAND CONDUIT.—The Secretary, in con-
16 sultation with the NTIA Administrator, shall
17 issue guidance for best practices related to the
18 installation of broadband conduit as described
19 in this paragraph and of conduit and similar in-
20 frastructure for intelligent transportation sys-
21 tems (as such term is defined in section 501 of
22 title 23, United States Code) that may utilize
23 broadband conduit installed pursuant to this
24 paragraph.
25 (D) ACCESS.—
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1 (i) IN GENERAL.—The State depart-
2 ment of transportation shall ensure that
3 any requesting broadband provider has ac-
4 cess to each broadband conduit installed
5 pursuant to this paragraph, on a competi-
6 tively neutral and nondiscriminatory basis,
7 and in accordance with State permitting,
8 licensing, leasing, or other similar laws and
9 regulations.
10 (ii) FEE SCHEDULE.—The State de-
11 partment of transportation, in consultation
12 with appropriate State agencies, shall pub-
13 lish a fee schedule for a broadband pro-
14 vider to access conduit installed pursuant
15 to this paragraph. Fees in such schedule—
16 (I) shall be consistent with the
17 fees established pursuant to section
18 224 of the Communications Act of
19 1934 (47 U.S.C. 224);
20 (II) may vary by topography, lo-
21 cation, type of road, rurality, and
22 other factors in the determination of
23 the State; and
24 (III) may be updated not more
25 frequently than annually.
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1 (iii) IN-KIND COMPENSATION.—The
2 State department of transportation may
3 negotiate in-kind compensation with any
4 broadband provider requesting access to
5 broadband conduit installed under the pro-
6 visions of this paragraph as a replacement
7 for part or all of, but not to exceed, the
8 relevant fee in the fee schedule described
9 in clause (ii).
10 (iv) SAFETY CONSIDERATIONS.—The
11 State department of transportation shall
12 require of broadband providers a process
13 for safe access to the highway right-of-way
14 during installation and on-going mainte-
15 nance of the broadband fiber optic cables
16 including a traffic control safety plan.
17 (v) COMMUNICATION.—A broadband
18 provider with access to the conduit in-
19 stalled pursuant to this subsection shall
20 notify and receive permission from the rel-
21 evant agencies of State responsible for the
22 installation of such broadband conduit
23 prior to accessing any highway or highway
24 right-of-way, in accordance with applicable
25 Federal requirements.
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1 (E) TREATMENT OF PROJECTS.—Notwith-
2 standing any other provision of law, broadband
3 conduit and broadband infrastructure installa-
4 tion projects under this paragraph shall comply
5 with section 113(a) of title 23, United States
6 Code.
7 (F) WAIVER AUTHORITY.—
8 (i) IN GENERAL.—A State department
9 of transportation may waive the required
10 installation of broadband conduit for part
11 or all of any covered highway construction
12 project under this paragraph if, in the de-
13 termination of the State—
14 (I) broadband infrastructure, ter-
15 restrial broadband infrastructure, aer-
16 ial broadband fiber cables, or
17 broadband conduit is present near a
18 majority of the length of the covered
19 highway construction project;
20 (II) the installation of conduit in-
21 creases overall costs of a covered high-
22 way construction project by 1.5 per-
23 cent or greater;
24 (III) the installation of
25 broadband conduit associated with
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1 covered highway construction project
2 will not be utilized or connected to fu-
3 ture broadband infrastructure in the
4 next 20 years, in the determination of
5 the State department of transpor-
6 tation, in consultation with appro-
7 priate State agencies and potentially
8 affected local governments and Tribal
9 governments;
10 (IV) the requirements of this
11 paragraph would require installation
12 of conduit redundant with a dig once
13 requirement of a local or Tribal gov-
14 ernment;
15 (V) there exists a circumstance
16 involving force majeure; or
17 (VI) other relevant factors, as de-
18 termined by the Secretary in consulta-
19 tion with the NTIA Administrator
20 through regulation, warrant a waiver.
21 (ii) CONTENTS OF WAIVER.—A waiver
22 authorized under this subparagraph
23 shall—
24 (I) identify the covered highway
25 construction project; and
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1 (II) include a brief description of
2 the determination of the State for
3 issuing such waiver.
4 (iii) AVAILABILITY OF WAIVER.—A
5 waiver authorized under this subparagraph
6 shall be included in the plans, specifica-
7 tions, and estimates for the associated
8 project, as long as such info is publicly
9 available.
10 (4) PRIORITY.—If a State provides for the in-
11 stallation of broadband infrastructure or broadband
12 conduit in the right-of-way of an applicable project
13 under this subsection, the State department of
14 transportation, along with appropriate State agen-
15 cies, shall carry out appropriate measures to ensure
16 that any existing broadband providers are afforded
17 equal opportunity access, as compared to other
18 broadband providers, with respect to the program
19 under this subsection.
20 (5) CONSULTATION.—
21 (A) IN GENERAL.—In promulgating regu-
22 lations required by this subsection or to imple-
23 ment any part of this section, the Secretary
24 shall consult—
25 (i) the NTIA Administrator;
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1 (ii) the Federal Communications Com-
2 mission;
3 (iii) State departments of transpor-
4 tation;
5 (iv) appropriate State agencies;
6 (v) agencies of local governments re-
7 sponsible for transportation and rights-of-
8 way, utilities, and telecommunications and
9 broadband;
10 (vi) Tribal governments;
11 (vii) broadband providers; and
12 (viii) manufacturers of optical fiber,
13 conduit, pull tape, and related items.
14 (B) BROADBAND USERS.—The Secretary
15 shall ensure that the entities consulted under
16 clauses (iii) through (vi) of subparagraph (A)
17 include rural areas and populations with limited
18 access to broadband infrastructure.
19 (C) BROADBAND PROVIDERS.—The Sec-
20 retary shall ensure that the entities consulted
21 under clause (vii) of subparagraph (A) include
22 entities who provide broadband to rural areas
23 and populations with limited access to
24 broadband infrastructure.
25 (6) PROHIBITION ON UNFUNDED MANDATE.—
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1 (A) IN GENERAL.—This subsection shall
2 apply only to projects for which Federal obliga-
3 tions or expenditures are initially approved on
4 or after the date regulations required under this
5 subsection take effect.
6 (B) NO MANDATE.—Absent an available
7 and dedicated Federal source of funding—
8 (i) nothing in this subsection estab-
9 lishes a mandate or requirement that a
10 State install broadband conduit in a high-
11 way right-of-way; and
12 (ii) nothing in paragraph (3) shall es-
13 tablish any requirement for a State.
14 (7) RULES OF CONSTRUCTION.—
15 (A) STATE LAW.—Nothing in this sub-
16 section shall be construed to require a State to
17 install or allow the installation of broadband
18 conduit or broadband infrastructure—
19 (i) that is otherwise inconsistent with
20 what is allowable under State law; or
21 (ii) where the State lacks the author-
22 ity or property easement necessary for
23 such installation.
24 (B) NO REQUIREMENT FOR INSTALLATION
25 OF MOBILE SERVICES EQUIPMENT.—Nothing in
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1 this section shall be construed to require a
2 State, a municipal government incorporated
3 under State law, or an Indian Tribe to install
4 or allow for the installation of equipment essen-
5 tial for the provision of commercial mobile serv-
6 ices (as defined in section 332(d) of the Com-
7 munications Act of 1934 (47 U.S.C. 332(d)))
8 or commercial mobile data service (as defined in
9 section 6001 of the Middle Class Tax Relief
10 and Job Creation Act of 2012 (47 U.S.C.
11 1401)), other than broadband conduit and asso-
12 ciated equipment described in paragraph
13 (3)(B).
14 (c) RELATION TO STATE DIG ONCE REQUIRE-
15 MENTS.—Nothing in subsection (b) or any regulations
16 promulgated under subsection (b) shall be construed to
17 alter or supersede any provision of a State law or regula-
18 tion that provides for a dig once requirement that includes
19 similar or more stringent requirements to the provisions
20 of subsection (b) and any regulations promulgated under
21 subsection (b).
22 (d) DIG ONCE FUNDING TASK FORCE.—
23 (1) ESTABLISHMENT.—There is established an
24 independent task force on funding the nationwide
25 dig once requirement described in this section to be
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1 known as the ‘‘Dig Once Funding Task Force’’
2 (hereinafter referred to as the ‘‘Task Force’’).
3 (2) DUTIES.—The duties of the Task Force
4 shall be to—
5 (A) estimate the annual cost for imple-
6 menting and administering a nationwide dig
7 once requirement; and
8 (B) propose and evaluate options for fund-
9 ing a nationwide dig once requirement described
10 in this section that includes—
11 (i) a discussion of the role and poten-
12 tial share of costs of—
13 (I) the Federal Government;
14 (II) State, local, and Tribal gov-
15 ernments; and
16 (III) broadband providers; and
17 (ii) consideration of the role of exist-
18 ing dig once requirements of State, local,
19 and Tribal governments and private
20 broadband investment, with a goal to not
21 discourage or disincentivize such dig once
22 requirements or such investment.
23 (3) REPORTS.—
24 (A) INTERIM REPORT AND BRIEFING.—
25 Not later than 9 months after the date of en-
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1 actment of this Act, the Task Force shall sub-
2 mit an interim report to Congress and provide
3 briefings for Congress on the findings of the
4 Task Force.
5 (B) FINAL REPORT.—Not later than 12
6 months after the date of enactment of this Act,
7 the Task Force shall submit a final report to
8 Congress on the findings of the Task Force.
9 (4) MEMBERS.—
10 (A) APPOINTMENTS.—The Task Force
11 shall consist of 14 members, consisting of—
12 (i) the two co-chairs described in sub-
13 paragraph (B);
14 (ii) six members jointly appointed by
15 the Speaker and minority leader of the
16 House of Representatives, in consultation
17 with the respective Chairs and Ranking
18 Members of the—
19 (I) the Committee on Transpor-
20 tation and Infrastructure of the
21 House of Representatives;
22 (II) the Committee on Energy
23 and Commerce of the House of Rep-
24 resentatives; and
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1 (III) the Committee on Appro-
2 priations of the House of Representa-
3 tives; and
4 (iii) six members jointly appointed by
5 the majority leader and minority leader of
6 the Senate, in consultation with the respec-
7 tive Chairs and Ranking Members of the—
8 (I) the Committee on Environ-
9 ment and Public Works of the Senate;
10 (II) the Committee on Com-
11 merce, Science, and Transportation of
12 the Senate; and
13 (III) the Committee on Appro-
14 priations of the Senate.
15 (B) CO-CHAIRS.—The Task Force shall be
16 co-chaired by the Secretary and the NTIA Ad-
17 ministrator, or their designees.
18 (C) COMPOSITION.—The Task Force shall
19 include at least—
20 (i) one representative from a State de-
21 partment of transportation;
22 (ii) one representative from a local
23 government;
24 (iii) one representative from a Tribal
25 government;
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1 (iv) one representative from a
2 broadband provider;
3 (v) one representative from a State or
4 local broadband provider;
5 (vi) one representative from a labor
6 union; and
7 (vii) one representative from a public
8 interest organization.
9 (D) APPOINTMENT DEADLINE.—Members
10 shall be appointed to the Task Force not later
11 than 60 days after the date of enactment of
12 this Act.
13 (E) EFFECT OF LACK OF APPOINTMENT
14 BY APPOINTMENT DATE.—If one or more ap-
15 pointments required under subparagraph (A) is
16 not made by the appointment date specified in
17 subparagraph (D), the authority to make such
18 appointment or appointments shall expire and
19 the number of members of the Task Force shall
20 be reduced by the number equal to the number
21 of appointments so expired.
22 (F) TERMS.—Members shall be appointed
23 for the life of the Task Force. A vacancy in the
24 Task Force shall not affect its powers and shall
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1 be filled in the same manner as the initial ap-
2 pointment was made.
3 (5) CONSULTATIONS.—In carrying out the du-
4 ties required under this subsection, the Task Force
5 shall consult, at a minimum—
6 (A) the Federal Communications Commis-
7 sion;
8 (B) agencies of States including—
9 (i) State departments of transpor-
10 tation; and
11 (ii) appropriate State agencies;
12 (C) agencies of local governments respon-
13 sible for transportation and rights of way, utili-
14 ties, and telecommunications and broadband;
15 (D) Tribal governments;
16 (E) broadband providers and other tele-
17 communications providers;
18 (F) labor unions; and
19 (G) State or local broadband providers and
20 Tribal governments that act as broadband pro-
21 viders.
22 (6) ADDITIONAL PROVISIONS.—
23 (A) EXPENSES FOR NON-FEDERAL MEM-
24 BERS.—Non-Federal members of the Task
25 Force shall be allowed travel expenses, includ-
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1 ing per diem in lieu of subsistence, at rates au-
2 thorized for employees under subchapter I of
3 chapter 57 of title 5, United States Code, while
4 away from their homes or regular places of
5 business in the performance of services for the
6 Task Force.
7 (B) STAFF.—Staff of the Task Force shall
8 comprise detailees with relevant expertise from
9 the Department of Transportation and the Na-
10 tional Telecommunications and Information Ad-
11 ministration, or another Federal agency the co-
12 chairpersons consider appropriate, with the con-
13 sent of the head of the Federal agency, and
14 such detailee shall retain the rights, status, and
15 privileges of his or her regular employment
16 without interruption.
17 (C) ADMINISTRATIVE ASSISTANCE.—The
18 Secretary and NTIA Administrator shall pro-
19 vide to the Task Force on a reimbursable basis
20 administrative support and other services for
21 the performance of the functions of the Task
22 Force.
23 (7) TERMINATION.—The Task Force shall ter-
24 minate not later than 90 days after issuance of the
25 final report required under paragraph (3)(B).
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1 (e) GAO STUDY.—The Comptroller General of the
2 United States shall conduct a study on the deployment
3 of broadband infrastructure to cities and counties with a
4 population of not less than 2,500 and not more than
5 50,000.
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 tential stormwater management and total max-
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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 (2) REQUIREMENTS.—In conducting the study
25 under the agreement entered into pursuant to para-
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1 graph (1), the Transportation Research Board
2 shall—
3 (A) review and supplement, as appropriate,
4 the methodologies examined and recommended
5 in the 2019 report of the National Academies
6 of Sciences, Engineering, and Medicine titled
7 ‘‘Approaches for Determining and Complying
8 with TMDL Requirements Related to Roadway
9 Stormwater Runoff’’;
10 (B) consult with—
11 (i) the Secretary of Transportation;
12 (ii) the Secretary of Agriculture;
13 (iii) the Administrator;
14 (iv) the Secretary of the Army, acting
15 through the Chief of Engineers; and
16 (v) State departments of Transpor-
17 tation; and
18 (C) solicit input from—
19 (i) stakeholders with experience in im-
20 plementing stormwater management prac-
21 tices for projects; and
22 (ii) educational and technical
23 stormwater management groups.
24 (3) REPORT.—In carrying out the agreement
25 entered into pursuant to paragraph (1), not later
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1 than 18 months after the date of enactment of this
2 Act, the Transportation Research Board shall sub-
3 mit to the Secretary of Transportation, the Adminis-
4 trator, the Committee on Transportation and Infra-
5 structure of the House of Representatives, and the
6 Committee on Environment and Public Works of the
7 Senate a report describing the results of the study.
8 (b) STORMWATER BEST MANAGEMENT PRACTICES
9 REPORTS.—
10 (1) REISSUANCE.—Not later than 180 days
11 after the date of enactment of this Act, the Adminis-
12 trator shall update and reissue the best management
13 practices reports to reflect new information and ad-
14 vancements in stormwater management.
15 (2) UPDATES.—Not less frequently than once
16 every 5 years after the date on which the Secretary
17 reissues the best management practices reports
18 under paragraph (1), the Secretary shall update and
19 reissue the best management practices reports, un-
20 less the contents of the best management practices
21 reports have been incorporated (including by ref-
22 erence) into applicable regulations of the Secretary.
23 (c) DEFINITIONS.—In this section:
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1 (1) ADMINISTRATOR.—The term ‘‘Adminis-
2 trator’’ means the Administrator of the Environ-
3 mental Protection Agency.
4 (2) BEST MANAGEMENT PRACTICES RE-
5 PORTS.—The term ‘‘best management practices re-
6 ports’’ means—
7 (A) the 2014 report sponsored by the De-
8 partment of Transportation titled ‘‘Determining
9 the State of the Practice in Data Collection and
10 Performance Measurement of Stormwater Best
11 Management Practices’’ (FHWA–HEP–16–
12 021); and
13 (B) the 2000 report sponsored by the De-
14 partment of Transportation titled ‘‘Stormwater
15 Best Management Practices in an Ultra-Urban
16 Setting: Selection and Monitoring’’.
17 (3) TOTAL MAXIMUM DAILY LOAD.—The term
18 ‘‘total maximum daily load’’ has the meaning given
19 such term in section 130.2 of title 40, Code of Fed-
20 eral Regulations (or successor regulations).
21 SEC. 1605. PEDESTRIAN FACILITIES IN THE PUBLIC RIGHT-
22 OF-WAY.
23 (a) IN GENERAL.—Not later than 180 days after the
24 date of enactment of this Act, the Architectural and
25 Transportation Barriers Compliance Board established
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1 under section 502(a)(1) of the Rehabilitation Act of 1973
2 (29 U.S.C. 792), in consultation with the Secretary of
3 Transportation, shall establish accessibility guidelines set-
4 ting forth minimum standards for pedestrian facilities in
5 the public right-of-way.
6 (b) CONTENT OF GUIDANCE.—The guidelines de-
7 scribed in subsection (a) shall be substantially similar to,
8 and carried out under the same statutory authority as—
9 (1) the notice of proposed rulemaking published
10 on July 26, 2011, titled ‘‘Accessibility Guidelines for
11 Pedestrian Facilities in the Public Right-of-Way’’
12 (76 Fed. Reg. 44664); and
13 (2) the supplemental notice of proposed rule-
14 making published on February 13, 2013, titled ‘‘Ac-
15 cessibility Guidelines for Pedestrian Facilities in the
16 Public Right-of-Way; Shared Use Paths’’ (78 Fed.
17 Reg. 10110).
18 (c) ADOPTION OF REGULATIONS.—Not later than
19 180 days after the establishment of the guidelines pursu-
20 ant to subsection (a), the Secretary shall issue such regu-
21 lations as are necessary to adopt such guidelines.
22 SEC. 1606. HIGHWAY FORMULA MODERNIZATION REPORT.
23 (a) HIGHWAY FORMULA MODERNIZATION STUDY.—
24 (1) IN GENERAL.—The Secretary of Transpor-
25 tation, in consultation with the State departments of
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1 transportation and representatives of local govern-
2 ments (including metropolitan planning organiza-
3 tions), shall conduct a highway formula moderniza-
4 tion study to assess the method and data used to ap-
5 portion Federal-aid highway funds under subsections
6 (b) and (c) of section 104 of title 23, United States
7 Code, and issue recommendations on such method
8 and data.
9 (2) ASSESSMENT.—The highway formula mod-
10 ernization study required under paragraph (1) shall
11 include an assessment of, based on the latest avail-
12 able data, whether the apportionment method under
13 such section results in—
14 (A) an equitable distribution of funds
15 based on the estimated tax payments attrib-
16 utable to—
17 (i) highway users in the State that are
18 paid into the Highway Trust Fund; and
19 (ii) individuals in the State that are
20 paid to the Treasury, based on contribu-
21 tions to the Highway Trust Fund from the
22 general fund of the Treasury; and
23 (B) the achievement of the goals described
24 in section 101(b)(3) of title 23, United States
25 Code.
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1 (3) CONSIDERATIONS.—In carrying out the as-
2 sessment under paragraph (2), the Secretary shall
3 consider the following:
4 (A) The factors described in sections
5 104(b), 104(f)(2), 104(h)(2), 130(f), and
6 144(e) of title 23, United States Code, as in ef-
7 fect on the date of enactment of SAFETEA–
8 LU (Public Law 109–59).
9 (B) The availability and accuracy of data
10 necessary to calculate formula apportionments
11 under the factors described in subparagraph
12 (A).
13 (C) The measures established under sec-
14 tion 150 of title 23, United States Code, and
15 whether such measures are appropriate for con-
16 sideration as formula apportionment factors.
17 (D) The results of the CMAQ formula
18 modernization study required under subsection
19 (b).
20 (E) Any other factors that the Secretary
21 determines are appropriate.
22 (4) RECOMMENDATIONS.—The Secretary shall,
23 in consultation with the State departments of trans-
24 portation and representatives of local governments
25 (including metropolitan planning organizations), de-
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1 velop recommendations on a new apportionment
2 method, including—
3 (A) the factors recommended to be in-
4 cluded in such apportionment method;
5 (B) the weighting recommended to be ap-
6 plied to the factors under subparagraph (A);
7 and
8 (C) any other recommendations to ensure
9 that the apportionment method best achieves an
10 equitable distribution of funds described under
11 paragraph (2)(A) and the goals described in
12 paragraph (2)(B).
13 (b) CMAQ FORMULA MODERNIZATION STUDY.—
14 (1) IN GENERAL.—Not later than 1 year after
15 the date of enactment of this Act, the Secretary of
16 Transportation, in consultation with the Adminis-
17 trator of the Environmental Protection Agency, shall
18 conduct an CMAQ formula modernization study to
19 assess whether the apportionment method under sec-
20 tion 104(b)(4) of title 23, United States Code, re-
21 sults in a distribution of funds that best achieves the
22 air quality goals of section 149 of such title.
23 (2) CONSIDERATIONS.—In providing consulta-
24 tion under this subsection, the Administrator of the
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1 Environmental Protection Agency shall provide to
2 the Secretary an analysis of—
3 (A) factors that contribute to the appor-
4 tionment, including population, types of pollut-
5 ants, and severity of pollutants, as such factors
6 were determined on the date prior to the date
7 of enactment of MAP–21;
8 (B) the weighting of the factors listed
9 under subparagraph (A); and
10 (C) the recency of the data used in making
11 the apportionment under section 104(b)(4) of
12 title 23, United States Code.
13 (3) RECOMMENDATIONS.—If, in conducting the
14 study under this subsection, the Secretary finds that
15 modifying the apportionment method under section
16 104(b)(4) of title 23, United States Code, would
17 best achieve the air quality goals of section 149 of
18 title 23, United States Code, the Secretary shall, in
19 consultation with the Administrator, include in such
20 study recommendations for a new apportionment
21 method, including—
22 (A) the factors recommended to be in-
23 cluded in such apportionment method;
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1 (B) the weighting recommended to be ap-
2 plied to the factors under subparagraph (A);
3 and
4 (C) any other recommendations to ensure
5 that the apportionment method best achieves
6 the air quality goals section 149 of such title.
7 (c) REPORT.—No later than 2 years after the date
8 of enactment of this Act, the Secretary shall submit to
9 the Committee on Transportation and Infrastructure of
10 the House of Representatives and the Committee on Envi-
11 ronment and Public Works of the Senate a report con-
12 taining the results of the highway formula modernization
13 study and the CMAQ formula modernization study.
14 SEC. 1607. CONSOLIDATION OF PROGRAMS.
15 Section 1519 of MAP–21 (Public Law 112–141) is
16 amended—
17 (1) in subsection (a)—
18 (A) by striking ‘‘fiscal years 2016 through
19 2020’’ and inserting ‘‘fiscal years 2022 through
20 2025’’; and
21 (B) by striking ‘‘$3,500,000’’ and insert-
22 ing ‘‘$4,000,000’’;
23 (2) by redesignating subsections (b) and (c) as
24 subsections (c) and (d), respectively; and
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1 (3) by inserting after subsection (a) the fol-
2 lowing:
3 ‘‘(b) FEDERAL SHARE.—The Federal share of the
4 cost of a project or activity carried out under subsection
5 (a) shall be 100 percent.’’.
6 SEC. 1608. STUDENT OUTREACH REPORT TO CONGRESS.
7 (a) REPORT.—Not later than 180 days after the date
8 of enactment of this Act, the Secretary of Transportation
9 shall submit to the Committee on Transportation and In-
10 frastructure of the House of Representatives and the Com-
11 mittee on Environment and Public Works of the Senate
12 a report that describes the efforts of the Department of
13 Transportation to encourage elementary, secondary, and
14 post-secondary students to pursue careers in the surface
15 transportation sector.
16 (b) CONTENTS.—The report required under sub-
17 section (a) shall include—
18 (1) a description of efforts to increase aware-
19 ness of careers related to surface transportation
20 among elementary, secondary, and post-secondary
21 students;
22 (2) a description of efforts to prepare and in-
23 spire such students for surface transportation ca-
24 reers;
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1 (3) a description of efforts to support the devel-
2 opment of a diverse, well-qualified workforce for fu-
3 ture surface transportation needs; and
4 (4) the effectiveness of the efforts described in
5 paragraphs (1) through (3).
6 SEC. 1609. TASK FORCE ON DEVELOPING A 21ST CENTURY
7 SURFACE TRANSPORTATION WORKFORCE.
8 (a) IN GENERAL.—Not later than 90 days after the
9 date of enactment of this Act, the Secretary of Transpor-
10 tation shall establish a task force on developing a 21st
11 century surface transportation workforce (in this section
12 referred to as the ‘‘Task Force’’).
13 (b) DUTIES.—Not later than 12 months after the es-
14 tablishment of the Task Force under subsection (a), the
15 Task Force shall develop and submit to the Secretary rec-
16 ommendations and strategies for the Department of
17 Transportation to—
18 (1) evaluate the current and future state of the
19 surface transportation workforce, including projected
20 job needs in the surface transportation sector;
21 (2) identify factors influencing individuals pur-
22 suing careers in surface transportation, including
23 barriers to attracting individuals into the workforce;
24 (3) address barriers to retaining individuals in
25 surface transportation careers;
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1 (4) identify and address potential impacts of
2 emerging technologies on the surface transportation
3 workforce;
4 (5) increase access for vulnerable or underrep-
5 resented populations, especially women and minori-
6 ties, to high-skill, in-demand surface transportation
7 careers;
8 (6) facilitate and encourage elementary, sec-
9 ondary, and post-secondary students in the United
10 States to pursue careers in the surface transpor-
11 tation sector; and
12 (7) identify and develop pathways for students
13 and individuals to secure pre-apprenticeships, reg-
14 istered apprenticeships, and other work-based learn-
15 ing opportunities in the surface transportation sector
16 of the United States.
17 (c) CONSIDERATIONS.—In developing recommenda-
18 tions and strategies under subsection (b), the Task Force
19 shall—
20 (1) identify factors that influence whether
21 young people pursue careers in surface transpor-
22 tation, especially traditionally underrepresented pop-
23 ulations, including women and minorities;
24 (2) consider how the Department, businesses,
25 industry, labor, educators, and other stakeholders
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1 can coordinate efforts to support qualified individ-
2 uals in pursuing careers in the surface transpor-
3 tation sector;
4 (3) identify methods of enhancing surface
5 transportation pre-apprenticeships and registered
6 apprenticeships, job skills training, mentorship, edu-
7 cation, and outreach programs that are exclusive to
8 youth in the United States; and
9 (4) identify potential sources of funding, includ-
10 ing grants and scholarships, that may be used to
11 support youth and other qualified individuals in pur-
12 suing careers in the surface transportation sector.
13 (d) CONSULTATION.—In developing the recommenda-
14 tions and strategies required under subsection (b), the
15 Task Force may consult with—
16 (1) local educational agencies and institutes of
17 higher education, including community colleges and
18 vocational schools; and
19 (2) State workforce development boards.
20 (e) REPORT.—Not later than 60 days after the sub-
21 mission of the recommendations and strategies under sub-
22 section (b), the Secretary shall submit to the Committee
23 on Transportation and Infrastructure of the House of
24 Representatives and the Committee on Environment and
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1 Public Works of the Senate a report containing such rec-
2 ommendations and strategies.
3 (f) COMPOSITION OF TASK FORCE.—The Secretary
4 shall appoint members to the Task Force whose diverse
5 background and expertise allow such members to con-
6 tribute balanced points of view and ideas in carrying out
7 this section, comprised of equal representation from each
8 of the following:
9 (1) Industries in the surface transportation sec-
10 tor.
11 (2) Surface transportation sector labor organi-
12 zations.
13 (3) Such other surface transportation stake-
14 holders and experts as the Secretary considers ap-
15 propriate.
16 (g) PERIOD OF APPOINTMENT.—Members shall be
17 appointed to the Task Force for the duration of the exist-
18 ence of the Task Force.
19 (h) COMPENSATION.—Task Force members shall
20 serve without compensation.
21 (i) SUNSET.—The Task Force shall terminate upon
22 the submission of the report required under subsection (e).
23 (j) DEFINITIONS.—In this section:
24 (1) PRE-APPRENTICESHIP.—The term ‘‘pre-ap-
25 prenticeship’’ means a training model or program
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1 that prepares individuals for acceptance into a reg-
2 istered apprenticeship and has a demonstrated part-
3 nership with one or more registered apprenticeships.
4 (2) REGISTERED APPRENTICESHIP.—The term
5 ‘‘registered apprenticeship’’ means an apprenticeship
6 program registered under the Act of August 16,
7 1937 (29 U.S.C. 50 et seq.; commonly known as the
8 ‘‘National Apprenticeship Act’’), that satisfies the
9 requirements of parts 29 and 30 of title 29, Code
10 of Federal Regulations (as in effect on January 1,
11 2020).
12 SEC. 1610. ON-THE-JOB TRAINING AND SUPPORTIVE SERV-
13 ICES.
14 Section 140(b) of title 23, United States Code, is
15 amended to read as follows:
16 ‘‘(b) WORKFORCE TRAINING AND DEVELOPMENT.—
17 ‘‘(1) IN GENERAL.—The Secretary, in coopera-
18 tion with the Secretary of Labor and any other de-
19 partment or agency of the Government, State agen-
20 cy, authority, association, institution, Indian Tribal
21 government, corporation (profit or nonprofit), or any
22 other organization or person, is authorized to de-
23 velop, conduct, and administer surface transpor-
24 tation and technology training, including skill im-
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1 provement programs, and to develop and fund sum-
2 mer transportation institutes.
3 ‘‘(2) STATE RESPONSIBILITIES.—A State de-
4 partment of transportation participating in the pro-
5 gram under this subsection shall—
6 ‘‘(A) develop an annual workforce plan
7 that identifies immediate and anticipated work-
8 force gaps and underrepresentation of women
9 and minorities and a detailed plan to fill such
10 gaps and address such underrepresentation;
11 ‘‘(B) establish an annual workforce devel-
12 opment compact with the State workforce devel-
13 opment board and appropriate agencies to pro-
14 vide a coordinated approach to workforce train-
15 ing, job placement, and identification of train-
16 ing and skill development program needs, which
17 shall be coordinated to the extent practical with
18 an institution or agency, such as a State work-
19 force development board under section 101 of
20 the Workforce Innovation and Opportunities
21 Act (29 U.S.C. 3111), that has established
22 skills training, recruitment, and placement re-
23 sources; and
24 ‘‘(C) demonstrate program outcomes, in-
25 cluding—
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1 ‘‘(i) impact on areas with transpor-
2 tation workforce shortages;
3 ‘‘(ii) diversity of training participants;
4 ‘‘(iii) number and percentage of par-
5 ticipants obtaining certifications or creden-
6 tials required for specific types of employ-
7 ment;
8 ‘‘(iv) employment outcome, including
9 job placement and job retention rates and
10 earnings, using performance metrics estab-
11 lished in consultation with the Secretary of
12 Labor and consistent with metrics used by
13 programs under the Workforce Innovation
14 and Opportunity Act (29 U.S.C. 3101 et
15 seq.); and
16 ‘‘(v) to the extent practical, evidence
17 that the program did not preclude workers
18 that participate in training or registered
19 apprenticeship activities under the pro-
20 gram from being referred to, or hired on,
21 projects funded under this chapter.
22 ‘‘(3) FUNDING.—From administrative funds
23 made available under section 104(a), the Secretary
24 shall deduct such sums as necessary, not to exceed
25 $10,000,000 in each fiscal year, for the administra-
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1 tion of this subsection. Such sums shall remain
2 available until expended.
3 ‘‘(4) NONAPPLICABILITY OF TITLE 41.—Sub-
4 sections (b) through (d) of section 6101 of title 41
5 shall not apply to contracts and agreements made
6 under the authority granted to the Secretary under
7 this subsection.
8 ‘‘(5) USE OF SURFACE TRANSPORTATION PRO-
9 GRAM AND NATIONAL HIGHWAY PERFORMANCE PRO-
10 GRAM FUNDS.—Notwithstanding any other provision
11 of law, not to exceed 1⁄2 of 1 percent of funds appor-
12 tioned to a State under paragraph (1) or (2) of sec-
13 tion 104(b) may be available to carry out this sub-
14 section upon request of the State transportation de-
15 partment to the Secretary.’’.
16 SEC. 1611. APPALACHIAN DEVELOPMENT HIGHWAY SYS-
17 TEM FUNDING FLEXIBILITY.
18 (a) IN GENERAL.—Any funds made available to a
19 State for the Appalachian development highway system
20 program under subtitle IV of title 40, United States Code,
21 before the date of enactment of this Act may be used, at
22 the request of such State to the Secretary of Transpor-
23 tation, for the purposes described in section 133(b) of title
24 23, United States Code.
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1 (b) LIMITATION.—The authority in subsection (a)
2 may only be used by an Appalachian development highway
3 system State if all of the Appalachian development high-
4 way system corridors authorized by subtitle IV of title 40,
5 United States Code, in such State, have been fully com-
6 pleted and are open to traffic prior to the State making
7 a request to the Secretary as described in subsection (a).
8 SEC. 1612. TRANSPORTATION EDUCATION DEVELOPMENT
9 PROGRAM.
10 Section 504 of title 23, United States Code, is
11 amended—
12 (1) in subsection (e)(1) by inserting ‘‘and (8)
13 through (9)’’ after ‘‘paragraphs (1) through (4)’’;
14 and
15 (2) in subsection (f) by adding at the end the
16 following:
17 ‘‘(4) REPORTS.—The Secretary shall submit to
18 the Committee on Transportation and Infrastructure
19 of the House of Representatives and the Committee
20 on Commerce, Science, and Transportation of the
21 Senate an annual report that includes—
22 ‘‘(A) a list of all grant recipients under
23 this subsection;
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1 ‘‘(B) an explanation of why each recipient
2 was chosen in accordance with the criteria
3 under paragraph (2);
4 ‘‘(C) a summary of each recipient’s objec-
5 tive to carry out the purpose described in para-
6 graph (1) and an analysis of progress made to-
7 ward achieving each such objective;
8 ‘‘(D) an accounting for the use of Federal
9 funds obligated or expended in carrying out this
10 subsection; and
11 ‘‘(E) an analysis of outcomes of the pro-
12 gram under this subsection.’’.
13 SEC. 1613. WORKING GROUP ON CONSTRUCTION RE-
14 SOURCES.
15 (a) ESTABLISHMENT.—Not later than 120 days after
16 the date of enactment of this Act, the Secretary of Trans-
17 portation shall establish a working group (in this section
18 referred to as the ‘‘Working Group’’) to conduct a study
19 on access to covered resources for infrastructure projects.
20 (b) MEMBERSHIP.—
21 (1) APPOINTMENT.—The Secretary shall ap-
22 point to the Working Group individuals with knowl-
23 edge and expertise in the production and transpor-
24 tation of covered resources.
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1 (2) REPRESENTATION.—The Working Group
2 shall include at least one representative of each of
3 the following:
4 (A) State departments of transportation.
5 (B) State agencies associated with covered
6 resources protection.
7 (C) State planning and geologic survey and
8 mapping agencies.
9 (D) Commercial motor vehicle operators,
10 including small business operators and opera-
11 tors who transport covered resources.
12 (E) Covered resources producers.
13 (F) Construction contractors.
14 (G) Labor organizations.
15 (H) Metropolitan planning organizations
16 and regional planning organizations.
17 (I) Indian Tribes, including Tribal elected
18 leadership or Tribal transportation officials.
19 (J) Any other stakeholders that the Sec-
20 retary determines appropriate.
21 (3) TERMINATION.—The Working Group shall
22 terminate 6 months after the date on which the Sec-
23 retary receives the report under subsection (e)(1).
24 (c) DUTIES.—In carrying out the study required
25 under subsection (a), the Working Group shall analyze—
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1 (1) the use of covered resources in transpor-
2 tation projects funded with Federal dollars;
3 (2) how the proximity of covered resources to
4 such projects affects the cost and environmental im-
5 pact of such projects;
6 (3) whether and how State, Tribal, and local
7 transportation and planning agencies consider cov-
8 ered resources when developing transportation
9 projects; and
10 (4) any challenges for transportation project
11 sponsors regarding access and proximity to covered
12 resources.
13 (d) CONSULTATION.—In carrying out the study re-
14 quired under subsection (a), the Working Group shall con-
15 sult with, as appropriate—
16 (1) chief executive officers of States;
17 (2) State, Tribal, and local transportation and
18 planning agencies;
19 (3) other relevant State, Tribal, and local agen-
20 cies, including State agencies associated with cov-
21 ered resources protection;
22 (4) members of the public with industry experi-
23 ence with respect to covered resources;
24 (5) other Federal entities that provide funding
25 for transportation projects; and
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1 (6) any other stakeholder the Working Group
2 determines appropriate.
3 (e) REPORTS.—
4 (1) WORKING GROUP REPORT.—Not later than
5 2 years after the date on which the Working Group
6 is established, the Working Group shall submit to
7 the Secretary a report that includes—
8 (A) the findings of the study required
9 under subsection (a), including a summary of
10 comments received during the consultation
11 process under subsection (d); and
12 (B) any recommendations to preserve ac-
13 cess to and reduce the costs and environmental
14 impacts of covered resources for infrastructure
15 projects.
16 (2) DEPARTMENTAL REPORT.—Not later than
17 3 months after the date on which the Secretary re-
18 ceives the report under paragraph (1), the Secretary
19 shall submit to the Committee on Transportation
20 and Infrastructure of the House of Representatives
21 and the Committee on Environment and Public
22 Works of the Senate a summary of the findings
23 under such report and any recommendations, as ap-
24 propriate.
25 (f) DEFINITIONS.—In this section:
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1 (1) COVERED RESOURCES.—The term ‘‘covered
2 resources’’ means common variety materials used in
3 transportation infrastructure construction and main-
4 tenance, including stone, sand, and gravel.
5 (2) STATE.—The term ‘‘State’’ means each of
6 the several States, the District of Columbia, and
7 each territory or possession of the United States.
8 SEC. 1614. NUMBERING SYSTEM OF HIGHWAY INTER-
9 CHANGES.
10 (a) IN GENERAL.—Notwithstanding section 315 of
11 title 23, United States Code, and section 1.36 of title 23,
12 Code of Federal Regulations, the Secretary of Transpor-
13 tation may not impose a penalty on a State that does not
14 comply with section 2E.31 of the Manual on Uniform
15 Traffic Control Devices (or a successor section) with re-
16 spect to the numbering of highway interchanges.
17 (b) APPLICABILITY.—Subsection (a) shall only apply
18 to a method of numbering of a highway interchange in
19 effect on the date of enactment of this Act.
20 SEC. 1615. TOLL CREDITS.
21 (a) PURPOSES.—The Secretary of Transportation
22 shall—
23 (1) identify the extent of the demand to pur-
24 chase toll credits;
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1 (2) identify the expected cash price of toll cred-
2 its;
3 (3) analyze the impact of the exchange of toll
4 credits on transportation expenditures; and
5 (4) identify any other repercussions of estab-
6 lishing a toll credit exchange.
7 (b) SOLICITATION.—To carry out the requirements of
8 this section, the Secretary shall solicit information from
9 States eligible to use a credit under section 120(i) of title
10 23, United States Code, including—
11 (1) the amount of unused toll credits, includ-
12 ing—
13 (A) toll revenue generated and the sources
14 of that revenue;
15 (B) toll revenue used by public, quasi-pub-
16 lic, and private agencies to build, improve, or
17 maintain highways, bridges, or tunnels that
18 serve the public purpose of interstate commerce;
19 and
20 (C) an accounting of any Federal funds
21 used by the public, quasi-public, or private
22 agency to build, improve, or maintain the toll
23 facility, to validate that the credit has been re-
24 duced by a percentage equal to the percentage
25 of the total cost of building, improving, or
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1 maintaining the facility that was derived from
2 Federal funds;
3 (2) the documentation of maintenance of effort
4 for toll credits earned by the State; and
5 (3) the accuracy of the accounting system of
6 the State to earn and track toll credits.
7 (c) WEBSITE.—The Secretary shall make available a
8 publicly accessible website on which a State eligible to use
9 a credit under section 120(i) of title 23, United States
10 Code shall publish the information described under sub-
11 section (b)(1).
12 (d) EVALUATION AND RECOMMENDATIONS TO CON-
13 GRESS.—Not later than 2 years after the date of enact-
14 ment of this Act, the Secretary shall provide to the Com-
15 mittee on Transportation and Infrastructure of the House
16 of Representatives and the Committee on Environment
17 and Public Works of the Senate, and make publicly avail-
18 able on the website of the Department of Transpor-
19 tation—
20 (1) an evaluation of the accuracy of the ac-
21 counting and documentation of toll credits earned
22 under section 120(i);
23 (2) a determination whether a toll credit mar-
24 ketplace is viable and cost effective;
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1 (3) estimates, to the extent possible, of the av-
2 erage sale price of toll credits; and
3 (4) recommendations on any modifications nec-
4 essary, including legislative changes, to establish and
5 implement a toll credit exchange program.
6 (e) DEFINITION.—In this section, the term ‘‘State’’
7 has the meaning given the term in section 101(a) of title
8 23, United States Code.
9 SEC. 1616. TRANSPORTATION CONSTRUCTION MATERIALS
10 PROCUREMENT.
11 (a) ESTABLISHMENT.—Not later than 180 days after
12 the date of enactment of this Act, the Secretary of Trans-
13 portation shall initiate a review of the procurement proc-
14 esses used by State departments of transportation to se-
15 lect construction materials on projects utilizing Federal-
16 aid highway funds.
17 (b) CONTENTS.—The review under subsection (a)
18 shall include—
19 (1) a review of competitive practices in the bid-
20 ding process for transportation construction mate-
21 rials;
22 (2) a list of States that currently issue bids
23 that include flexibility in the type of construction
24 materials used to meet the project specifications;
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1 (3) any information provided by States on con-
2 siderations that influence the decision to include
3 competition by type of material in transportation
4 construction projects;
5 (4) any data on whether issuing bids that in-
6 clude flexibility in the type of construction materials
7 used to meet the project specifications will affect
8 project costs over the lifecycle of an asset;
9 (5) any data on the degree to which competition
10 leads to greater use of sustainable, innovative, or re-
11 silient materials; and
12 (6) an evaluation of any barriers to more wide-
13 spread use of competitive bidding processes for
14 transportation construction materials.
15 (c) REPORT.—Not later than 18 months after the
16 date of enactment of this Act, the Secretary shall submit
17 to the Committee on Transportation and Infrastructure
18 of the House of Representatives and the Committee on
19 Environment and Public Works of the Senate, and make
20 publicly available, a report on the review initiated by the
21 Secretary pursuant to this section.
22 SEC. 1617. CONSTRUCTION OF CERTAIN ACCESS AND DE-
23 VELOPMENT ROADS.
24 Section 118(d) of title 23, United States Code, is
25 amended by striking ‘‘and the Commonwealth of Puerto
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1 Rico’’ and inserting ‘‘, the Commonwealth of Puerto Rico,
2 and any other territory of the United States’’.
3 SEC. 1618. NATIONWIDE ROAD SAFETY ASSESSMENT.
4 (a) IN GENERAL.—The Secretary of Transportation
5 shall, every 2 years, conduct nationwide, on-the-ground
6 road safety assessments focused on pedestrian and bicycle
7 safety in each State.
8 (b) REQUIREMENTS.—The assessments required
9 under subsection (a) shall be conducted—
10 (1) by Department of Transportation field of-
11 fices from the Federal Highway Administration, the
12 National Highway Transportation Safety Adminis-
13 tration, the Federal Transit Administration, and the
14 Federal Motor Carrier Safety Administration; and
15 (2) in consultation with—
16 (A) State and local agencies with jurisdic-
17 tion over pedestrian and bicycle safety;
18 (B) pedestrian safety and bicycle safety
19 advocacy organizations; and
20 (C) other relevant pedestrian and bicycle
21 safety stakeholders.
22 (c) PURPOSES.—The purpose of the assessments
23 under this section is to—
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1 (1) identify and examine specific locations with
2 documented or perceived problems with pedestrian
3 and bicycle safety and access;
4 (2) examine barriers to providing safe pedes-
5 trian and bicycle access to transportation infrastruc-
6 ture; and
7 (3) develop and issue recommendations de-
8 signed to effectively address specific safety and ac-
9 cess issues and enhance pedestrian and bicycle safe-
10 ty in high risk areas.
11 (d) REPORT ON STATE ASSESSMENTS.—Upon com-
12 pletion of the assessment of a State, the Secretary shall
13 issue, and make available to the public, a report con-
14 taining the assessment that includes—
15 (1) a list of locations that have been assessed
16 as presenting a danger to pedestrians or bicyclists;
17 and
18 (2) recommendations to enhance pedestrian and
19 bicycle safety in those locations.
20 (e) REPORT ON NATIONWIDE PROGRAM.—Upon com-
21 pletion of the biannual assessment nationwide required
22 under this section, the Secretary shall issue, and make
23 available to the public, that covers assessments for all ju-
24 risdictions and also present it to the congressional trans-
25 portation committees.
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1 (f) NATIONAL PEDESTRIAN AND BICYCLE SAFETY
2 DATABASE.—The Secretary, in order to enhance pedes-
3 trian and bicycle safety and improve information sharing
4 on pedestrian and bicycle safety challenges between the
5 Federal Government and State and local governments,
6 shall maintain a national pedestrian and bicycle safety
7 database that includes—
8 (1) a list of high-risk intersections, roads, and
9 highways with a documented history of pedestrian or
10 bicycle accidents or fatalities and details regarding
11 those incidents; and
12 (2) information on corrective measures that
13 have been implemented at the State, local, or Fed-
14 eral level to enhance pedestrian and bicyclist safety
15 at those high risk areas, including details on the na-
16 ture and date of corrective action.
17 (g) STATE DEFINED.—In this section, the term
18 ‘‘State’’ means each of the States, the District of Colum-
19 bia, and Puerto Rico.
20 SEC. 1619. WILDLIFE CROSSINGS.
21 (a) IN GENERAL.—
22 (1) OBLIGATION REQUIREMENT.—For each of
23 fiscal years 2022 through 2025, of the amounts ap-
24 portioned to a State under paragraph (1) of section
25 104(b) of title 23, United States Code, each State
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1 shall obligate amounts distributed to such State
2 under subsection (b) for projects and strategies that
3 reduce vehicle-caused wildlife mortality related to, or
4 to restore and maintain connectivity among terres-
5 trial or aquatic habitats affected by, a transpor-
6 tation facility otherwise eligible for assistance under
7 section 119 of title 23, United States Code.
8 (2) TOTAL AMOUNT.—The total amount to be
9 obligated by all States under paragraph (1) shall
10 equal $75,000,000 for each of fiscal years 2022
11 through 2025.
12 (b) DISTRIBUTION.—Each State’s share of the
13 amount described under subsection (a)(2) shall be deter-
14 mined by multiplying the amount described under such
15 subsection by the ratio that—
16 (1) the amount apportioned in the previous fis-
17 cal year to the State under section 104 of title 23,
18 United States Code; bears to
19 (2) the total amount of funds apportioned to all
20 States in the previous fiscal year.
21 (c) STATE FLEXIBILITY.—
22 (1) IN GENERAL.—A State may opt out of the
23 obligation requirement described under this section
24 if the Governor of the State notifies the Secretary
25 that the State has inadequate needs to justify the
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1 expenditure not later than 30 days prior to appor-
2 tionments being made for any fiscal year.
3 (2) USE OF FUNDS.—A State that exercises the
4 authority under paragraph (1) may use the funds
5 described under this section for any purpose de-
6 scribed under section 119 of title 23, United States
7 Code.
8 SEC. 1620. CLIMATE RESILIENT TRANSPORTATION INFRA-
9 STRUCTURE STUDY.
10 (a) CLIMATE RESILIENT TRANSPORTATION INFRA-
11 STRUCTURE STUDY.—Not later than 180 days after the
12 date of enactment of this Act, the Secretary of Transpor-
13 tation shall enter into an agreement with the Transpor-
14 tation Research Board of the National Academies to con-
15 duct a study of the actions needed to ensure that Federal
16 agencies are taking into account current and future cli-
17 mate conditions in planning, designing, building, oper-
18 ating, maintaining, investing in, and upgrading any feder-
19 ally funded transportation infrastructure investments.
20 (b) METHODOLOGIES.—In conducting the study, the
21 Transportation Research Board shall build on the meth-
22 odologies examined and recommended in—
23 (1) the 2018 report issued the American Soci-
24 ety of Civil Engineers, titled ‘‘Climate-Resilient In-
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1 frastructure: Adaptive Design and Risk Manage-
2 ment’’; and
3 (2) the report issued by the California Climate-
4 Safe Infrastructure Working Group, titled ‘‘Paying
5 it Forward: The Path Toward Climate-Safe Infra-
6 structure in California’’.
7 (c) CONTENTS OF STUDY.—The study shall include
8 specific recommendations regarding the following:
9 (1) Integrating scientific knowledge of projected
10 climate change impacts, and other relevant data and
11 information, into Federal infrastructure planning,
12 design, engineering, construction, operation and
13 maintenance.
14 (2) Addressing critical information gaps and
15 challenges.
16 (3) Financing options to help fund climate-resil-
17 ient infrastructure.
18 (4) A platform or process to facilitate commu-
19 nication between climate scientists and other experts
20 with infrastructure planners, engineers and other
21 relevant experts.
22 (5) A stakeholder process to engage with rep-
23 resentatives of State, local, tribal and community
24 groups.
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1 (6) A platform for tracking Federal funding of
2 climate-resilient infrastructure.
3 (7) Labor and workforce needs to implement
4 climate-resilient transportation infrastructure
5 projects including new and emerging skills, training
6 programs, competencies and recognized postsec-
7 ondary credentials that may be required to ade-
8 quately equip the workforce.
9 (8) Outlining how Federal infrastructure plan-
10 ning, design, engineering, construction, operation,
11 and maintenance impact the environment and public
12 health of disproportionately exposed communities.
13 For purposes of this paragraph, the term ‘‘dis-
14 proportionately exposed communities’’ means a com-
15 munity in which climate change, pollution, or envi-
16 ronmental destruction have exacerbated systemic ra-
17 cial, regional, social, environmental, and economic
18 injustices by disproportionately affecting indigenous
19 peoples, communities of color, migrant communities,
20 deindustrialized communities, depopulated rural
21 communities, the poor, low-income workers, women,
22 the elderly, people experiencing homelessness, people
23 with disabilities, people who are incarcerated, or
24 youth.
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1 (d) CONSIDERATIONS.—In carrying out the study,
2 the Transportation Research Board shall determine the
3 need for information related to climate resilient transpor-
4 tation infrastructure by considering—
5 (1) the current informational and institutional
6 barriers to integrating projected infrastructure risks
7 posed by climate change into federal infrastructure
8 planning, design, engineering, construction, oper-
9 ation and maintenance;
10 (2) the critical information needed by engineers,
11 planners and those charged with infrastructure up-
12 grades and maintenance to better incorporate cli-
13 mate change risks and impacts over the lifetime of
14 projects;
15 (3) how to select an appropriate, adaptive engi-
16 neering design for a range of future climate sce-
17 narios as related to infrastructure planning and in-
18 vestment;
19 (4) how to incentivize and incorporate systems
20 thinking into engineering design to maximize the
21 benefits of multiple natural functions and emissions
22 reduction, as well as regional planning;
23 (5) how to take account of the risks of cas-
24 cading infrastructure failures and develop more ho-
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1 listic approaches to evaluating and mitigating cli-
2 mate risks;
3 (6) how to ensure that investments in infra-
4 structure resilience benefit all communities, includ-
5 ing communities of color, low-income communities
6 and tribal communities that face a disproportionate
7 risk from climate change and in many cases have ex-
8 perienced long-standing unmet needs and under-
9 investment in critical infrastructure;
10 (7) how to incorporate capital assessment and
11 planning training and techniques, including a range
12 of financing options to help local and State govern-
13 ments plan for and provide matching funds;
14 (8) how federal agencies can track and monitor
15 federally funded resilient infrastructure in a coordi-
16 nated fashion to help build the understanding of the
17 cost-benefit of resilient infrastructure and to build
18 the capacity for implementing resilient infrastruc-
19 ture; and
20 (9) the occupations, skillsets, training pro-
21 grams, competencies and recognized postsecondary
22 credentials that will be needed to implement such
23 climate-resilient transportation infrastructure
24 projects, and how to ensure that any new jobs cre-
25 ated by such projects ensure that priority hiring con-
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1 siderations are given to individuals facing barriers to
2 employment, communities of color, low-income com-
3 munities and tribal communities that face a dis-
4 proportionate risk from climate change and have
5 been excluded from job opportunities.
6 (e) CONSULTATION.—In carrying out the study, the
7 Transportation Research Board—
8 (1) shall convene and consult with a panel of
9 national experts, including operators and users of
10 Federal transportation infrastructure and private
11 sector stakeholders; and
12 (2) is encouraged to consult with—
13 (A) representatives from the thirteen fed-
14 eral agencies that comprise the United States
15 Global Change Research Program;
16 (B) representatives from the Department
17 of the Treasury;
18 (C) professional engineers with relevant ex-
19 pertise in infrastructure design;
20 (D) scientists from the National Academies
21 with relevant expertise;
22 (E) scientists, social scientists and experts
23 from academic and research institutions who
24 have expertise in climate change projections and
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1 impacts; engineering; architecture; or other rel-
2 evant areas of expertise;
3 (F) licensed architects with relevant expe-
4 rience in infrastructure design;
5 (G) certified planners;
6 (H) representatives of State, local and
7 Tribal governments;
8 (I) representatives of environmental justice
9 groups; and
10 (J) representatives of labor unions that
11 represent key trades and industries involved in
12 infrastructure projects.
13 (f) REPORT.—Not later than 3 years after the date
14 of enactment of this Act, the Transportation Research
15 Board shall submit to the Secretary, the Committee on
16 Transportation and Infrastructure of the House of Rep-
17 resentatives, and the Committee on Environment and
18 Public Works of the Senate a report on the results of the
19 study conducted under this section.
20 SEC. 1621. ELIMINATION OF DUPLICATION OF ENVIRON-
21 MENTAL REVIEWS AND APPROVALS.
22 The Secretary of Transportation shall issue a final
23 rule implementing the program under section 330 of title
24 23, United States Code.
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1 SEC. 1622. AMBER ALERTS ALONG MAJOR TRANSPOR-
2 TATION ROUTES.
3 (a) IN GENERAL.—Section 303 of the PROTECT
4 Act (34 U.S.C. 20503) is amended—
5 (1) in the section heading, by inserting ‘‘AND
6 MAJOR TRANSPORTATION ROUTES’’ after
7 ‘‘ALONG HIGHWAYS’’;
8 (2) in subsection (a)—
9 (A) by inserting ‘‘(referred to in this sec-
10 tion as the ‘Secretary’)’’ after ‘‘Secretary of
11 Transportation’’; and
12 (B) by inserting ‘‘and at airports, mari-
13 time ports, border crossing areas and check-
14 points, and ports of exit from the United
15 States’’ after ‘‘along highways’’;
16 (3) in subsection (b)—
17 (A) in paragraph (1)—
18 (i) by striking ‘‘other motorist infor-
19 mation systems to notify motorists’’ and
20 inserting ‘‘other information systems to no-
21 tify motorists, aircraft passengers, ship
22 passengers, and travelers’’; and
23 (ii) by inserting ‘‘, aircraft passengers,
24 ship passengers, and travelers’’ after ‘‘nec-
25 essary to notify motorists’’; and
26 (B) in paragraph (2)—
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1 (i) in subparagraph (A), by striking
2 ‘‘other motorist information systems to no-
3 tify motorists’’ and inserting ‘‘other infor-
4 mation systems to notify motorists, air-
5 craft passengers, ship passengers, and
6 travelers’’;
7 (ii) in subparagraph (D), by inserting
8 ‘‘, aircraft passengers, ship passengers,
9 and travelers’’ after ‘‘support the notifica-
10 tion of motorists’’;
11 (iii) in subparagraph (E), by inserting
12 ‘‘, aircraft passengers, ship passengers,
13 and travelers’’ after ‘‘motorists’’, each
14 place it appears;
15 (iv) in subparagraph (F), by inserting
16 ‘‘, aircraft passengers, ship passengers,
17 and travelers’’ after ‘‘motorists’’; and
18 (v) in subparagraph (G), by inserting
19 ‘‘, aircraft passengers, ship passengers,
20 and travelers’’ after ‘‘motorists’’;
21 (4) in subsection (c), by striking ‘‘other motor-
22 ist information systems to notify motorists’’, each
23 place it appears, and inserting ‘‘other information
24 systems to notify motorists, aircraft passengers, ship
25 passengers, and travelers’’;
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1 (5) by amending subsection (d) to read as fol-
2 lows:
3 ‘‘(d) FEDERAL SHARE.—
4 ‘‘(1) IN GENERAL.—Except as provided in para-
5 graph (2), the Federal share of the cost of any ac-
6 tivities funded by a grant under this section may not
7 exceed 80 percent.
8 ‘‘(2) WAIVER.—If the Secretary determines
9 that American Samoa, Guam, the Northern Mariana
10 Islands, Puerto Rico, or the Virgin Islands of the
11 United States is unable to comply with the require-
12 ment under paragraph (1), the Secretary shall waive
13 such requirement.’’;
14 (6) in subsection (g)—
15 (A) by striking ‘‘In this section’’ and in-
16 serting ‘‘In this subtitle’’; and
17 (B) by striking ‘‘or Puerto Rico’’ and in-
18 serting ‘‘American Samoa, Guam, Puerto Rico,
19 the Northern Mariana Islands, the Virgin Is-
20 lands of the United States, and any other terri-
21 tory of the United States’’.
22 (b) TECHNICAL AND CONFORMING AMENDMENT.—
23 The table of contents in section 1(b) of the PROTECT
24 Act (Public Law 108–21) is amended by striking the item
25 relating to section 303 and inserting the following:
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‘‘Sec. 303. Grant program for notification and communications systems along
highways and major transportation routes for recovery of ab-
ducted children.’’.
1 SEC. 1623. NATURAL GAS, ELECTRIC BATTERY, AND ZERO
2 EMISSION VEHICLES.
3 Subsection (s) of section 127 of title 23, United
4 States Code is amended to read as follows:
5 ‘‘(s) NATURAL GAS, ELECTRIC BATTERY, AND ZERO
6 EMISSION VEHICLES.—A vehicle, if operated by an engine
7 fueled primarily by natural gas, powered primarily by
8 means of electric battery power, or fueled primarily by
9 means of other zero emission fuel technologies, may exceed
10 the weight limit on the power unit by up to 2,000 pounds
11 (up to a maximum gross vehicle weight of 82,000 pounds)
12 under this section.’’.
13 SEC. 1624. GUIDANCE ON EVACUATION ROUTES.
14 (a) IN GENERAL.—
15 (1) GUIDANCE.—The Administrator of the Fed-
16 eral Highway Administration, in coordination with
17 the Administrator of the Federal Emergency Man-
18 agement Agency, and consistent with guidance
19 issued by the Federal Emergency Management
20 Agency pursuant to section 1209 of the Disaster Re-
21 covery Reform Act of 2018 (Public Law 115–254),
22 shall revise existing guidance or issue new guidance
23 as appropriate for State, local, and Indian Tribal
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1 governments regarding the design, construction,
2 maintenance, and repair of evacuation routes.
3 (2) CONSIDERATIONS.—In revising or issuing
4 guidance under subsection (a)(1), the Administrator
5 of the Federal Highway Administration shall con-
6 sider—
7 (A) methods that assist evacuation routes
8 to—
9 (i) withstand likely risks to viability,
10 including flammability and hydrostatic
11 forces;
12 (ii) improve durability, strength (in-
13 cluding the ability to withstand tensile
14 stresses and compressive stresses), and
15 sustainability; and
16 (iii) provide for long-term cost sav-
17 ings;
18 (B) the ability of evacuation routes to ef-
19 fectively manage contraflow operations;
20 (C) for evacuation routes on public lands,
21 the viewpoints of the applicable Federal land
22 management agency regarding emergency oper-
23 ations, sustainability, and resource protection;
24 and
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1 (D) such other items the Administrator of
2 the Federal Highway Administration considers
3 appropriate.
4 (3) REPORT.—In the case in which the Admin-
5 istrator of the Federal Highway Administration, in
6 consultation with the Administrator of the Federal
7 Emergency Management Agency, concludes existing
8 guidance addresses the considerations in paragraph
9 (2), The Administrator of the Federal Highway Ad-
10 ministration shall submit to the Committee on
11 Transportation and Infrastructure of the House of
12 Representatives and the Committee on Environment
13 and Public Works of the Senate a detailed report de-
14 scribing how existing guidance addresses such con-
15 siderations.
16 (b) STUDY.—The Administrator of the Federal High-
17 way Administration, in coordination with the Adminis-
18 trator of the Federal Emergency Management Agency and
19 State, local, territorial, and Indian Tribal governments,
20 shall—
21 (1) conduct a study of the adequacy of available
22 evacuation routes to accommodate the flow of evac-
23 uees; and
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1 (2) submit recommendations to Congress on
2 how to help with anticipated evacuation route flow,
3 based on the study conducted under paragraph (1).
4 SEC. 1625. HIGH PRIORITY CORRIDORS ON NATIONAL
5 HIGHWAY SYSTEM.
6 Section 1105(c) of the Intermodal Surface Transpor-
7 tation Efficiency Act of 1991 is amended by adding at
8 the end the following:
9 ‘‘(92) The Louisiana Capital Region High Pri-
10 ority Corridor, which shall generally follow—
11 ‘‘(A) Interstate 10, between its intersec-
12 tions with Interstate 12 and Louisiana High-
13 way 415;
14 ‘‘(B) Louisiana Highway 415, between its
15 intersections with Interstate 10 and United
16 States route 190;
17 ‘‘(C) United States route 190, between its
18 intersections with Louisiana Highway 415 and
19 intersection with Interstate 110;
20 ‘‘(D) Interstate 110, between its intersec-
21 tions with United States route 190 and Inter-
22 state 10;
23 ‘‘(E) Louisiana Highway 30, near St. Ga-
24 briel, LA and its intersections with Interstate
25 10;
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1 ‘‘(F) Louisiana Highway 1, near White
2 Castle, LA and its intersection with Interstate
3 10; and
4 ‘‘(G) A bridge connecting Louisiana High-
5 way 1 with Louisiana Highway 30, south of the
6 Interstate described in subparagraph (A).’’.
7 SEC. 1626. GUIDANCE ON INUNDATED AND SUBMERGED
8 ROADS.
9 Upon issuance of guidance issued pursuant to section
10 1228 of the Disaster Recovery Reform Act of 2018 (Public
11 Law 115–254), the Administrator of the Federal Highway
12 Administration, in consultation with the Administrator of
13 the Federal Emergency Management Agency, shall review
14 such guidance and issue guidance regarding repair, res-
15 toration, and replacement of inundated and submerged
16 roads damaged or destroyed by a major disaster declared
17 pursuant to the Robert T. Stafford Disaster Relief and
18 Emergency Assistance Act (42 U.S.C. 5121 et seq.) with
19 respect to roads eligible for assistance under Federal
20 Highway Administration programs.
21 SEC. 1627. USE OF REVENUES.
22 (a) WRITTEN ASSURANCES ON USE OF REVENUE.—
23 Section 47107(b) of title 49, United States Code, is
24 amended—
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1 (1) in each of paragraphs (1) and (2) by strik-
2 ing ‘‘local taxes’’ and inserting ‘‘local excise taxes’’;
3 (2) in paragraph (3) by striking ‘‘State tax’’
4 and inserting ‘‘State excise tax’’; and
5 (3) by adding at the end the following:
6 ‘‘(4) This subsection does not apply to State or local
7 general sales taxes nor to State or local generally applica-
8 ble sales taxes.’’.
9 (b) RESTRICTION ON USE OF REVENUES.—Section
10 47133 of title 49, United States Code, is amended—
11 (1) in subsection (a) in the matter preceding
12 paragraph (1) by striking ‘‘Local taxes’’ and insert-
13 ing ‘‘Local excise taxes’’;
14 (2) in subsection (b)(1) by striking ‘‘local
15 taxes’’ and inserting ‘‘local excise taxes’’;
16 (3) in subsection (c) by striking ‘‘State tax’’
17 and inserting ‘‘State excise tax’’; and
18 (4) by adding at the end the following:
19 ‘‘(d) LIMITATION ON APPLICABILITY.—This sub-
20 section does not apply to—
21 ‘‘(1) State or local general sales taxes; or
22 ‘‘(2) State or local generally applicable sales
23 taxes.’’.
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1 SEC. 1628. DRY BULK WEIGHT TOLERANCE.
2 Section 127 of title 23, United States Code, is
3 amended by adding at the end the following:
4 ‘‘(v) DRY BULK WEIGHT TOLERANCE.—
5 ‘‘(1) DEFINITION OF DRY BULK GOODS.—In
6 this subsection, the term ‘dry bulk goods’ means any
7 homogeneous unmarked nonliquid cargo being trans-
8 ported in a trailer specifically designed for that pur-
9 pose.
10 ‘‘(2) WEIGHT TOLERANCE.—Notwithstanding
11 any other provision of this section, except for the
12 maximum gross vehicle weight limitation, a commer-
13 cial motor vehicle transporting dry bulk goods may
14 not exceed 110 percent of the maximum weight on
15 any axle or axle group described in subsection (a),
16 including any enforcement tolerance.’’.
17 SEC. 1629. HIGHWAY USE TAX EVASION PROJECTS.
18 Section 143(b)(2)(A) of title 23, United States Code,
19 is amended by striking ‘‘2016 through 2020’’ and insert-
20 ing ‘‘2022 through 2025’’.
21 SEC. 1630. THE UNITED STATES OPPOSES CHILD LABOR.
22 It is the policy of the United States that funds au-
23 thorized or made available by this Act, or the amendments
24 made by this Act, should not be used to purchase products
25 produced whole or in part through the use of child labor,
26 as such term is defined in Article 3 of the International
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1 Labor Organization Convention concerning the prohibition
2 and immediate action for the elimination of the worst
3 forms of child labor (December 2, 2000), or in violation
4 of human rights.
5 SEC. 1631. REPORT ON COVID-RELATED FUNDING FOR
6 AVIATION SECTOR.
7 Not later than 45 days after the date of enactment
8 of this Act, the Secretary of Transportation shall direct
9 the Administrator of the Federal Aviation Administration
10 to issue a report within 60 days to the House and Senate
11 Committees of jurisdiction on specific sectors of the air-
12 port system of infrastructure that have yet to receive any
13 COVID-related funding, and provide a plan for
14 prioritizing these unfunded areas for the next round of
15 funding.
16 SEC. 1632. CLIMATE RESILIENCY REPORT BY GAO.
17 (a) IN GENERAL.—Not later than 1 year after the
18 date of enactment of this Act and every 5 years thereafter,
19 the Comptroller General shall evaluate and issue a report
20 to Congress on the economic benefits, including avoided
21 impacts on property and life, of the use of model, con-
22 sensus-based building codes, standards, and provisions
23 that support resilience to climate risks and impacts, in-
24 cluding—
25 (1) flooding;
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1 (2) wildfires;
2 (3) hurricanes;
3 (4) heat waves;
4 (5) droughts;
5 (6) rises in sea level; and
6 (7) extreme weather.
7 (b) REPORT ISSUES.—The report required under
8 subsection (a) shall include the following:
9 (1) Assesses the status of adoption of building
10 codes, standards, and provisions within the States,
11 territories, and tribes at the State or jurisdictional
12 level; including whether the adopted codes meet or
13 exceed the most recent published edition of a na-
14 tional, consensus-based model code.
15 (2) Analysis of the extent to which pre-disaster
16 mitigation measures provide benefits to the nation
17 and individual States, territories and tribes, includ-
18 ing—
19 (A) an economic analysis of the benefits to
20 the design and construction of new resilient in-
21 frastructure;
22 (B) losses avoided, including economic
23 losses, number of structures (buildings, roads,
24 bridges), and injuries and deaths by utilizing
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1 building codes and standards that prioritize re-
2 siliency; and
3 (C) an economic analysis of the benefits to
4 using hazard resistant building codes in rebuild-
5 ing and repairing infrastructure following a dis-
6 aster.
7 (3) An assessment of the building codes and
8 standards referenced or otherwise currently incor-
9 porated into Federal policies and programs, includ-
10 ing but not limited to grants, incentive programs,
11 technical assistance and design and construction cri-
12 teria, administered by the Federal Emergency Man-
13 agement Agency (FEMA), and—
14 (A) the extent to which such codes and
15 standards contribute to increasing climate resil-
16 iency;
17 (B) Recommendations for how FEMA
18 could improve their use of codes and standards
19 to prepare for climate change and address resil-
20 iency in housing, public buildings, and infra-
21 structure such as roads and bridges; and
22 (C) how FEMA could increase efforts to
23 support the adoption of hazard resistant codes
24 by the States, territories, and tribes.
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1 (4) Recommendations for FEMA on how to bet-
2 ter incorporate climate resiliency into efforts to re-
3 build after natural disasters.
4 SEC. 1633. AVIATION INDUSTRY ASSISTANCE FOR CLEANER
5 AND QUIETER SKIES VOUCHER PROGRAM.
6 (a) ESTABLISHMENT.—The Secretary shall establish
7 and carry out a program, to be known as the ‘‘Aviation
8 Industry Assistance for Cleaner and Quieter Skies Vouch-
9 er Program’’, under which the Secretary shall issue elec-
10 tronic vouchers to air carriers, subject to the specifications
11 set forth in subsection (d), to offset the purchase or cost
12 of a lease of eligible new aircraft in exchange for commit-
13 ments from such air carriers to decommission certain cur-
14 rently used aircraft and sell such aircraft for recycling of
15 parts or disposal.
16 (b) APPLICATION.—To be eligible for the program es-
17 tablished under subsection (a), an air carrier shall submit
18 to the Secretary an application at such time, in such man-
19 ner, and containing such information as the Secretary may
20 require, including a description of a currently used aircraft
21 of the air carrier.
22 (c) PROGRAM REQUIREMENTS.—
23 (1) LIST OF ELIGIBLE AIRCRAFT.—In carrying
24 out the program established under subsection (a),
25 the Secretary, in consultation with the Adminis-
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1 trator, shall prepare, maintain, publicize, and make
2 available through a publicly available website, lists
3 of—
4 (A) applicable currently used aircraft;
5 (B) eligible aircraft for purchase or lease;
6 and
7 (C) registered aircraft recycling firms eligi-
8 ble to purchase currently used aircraft under
9 this section.
10 (2) COMMITMENT REQUIREMENT.—In carrying
11 out the program established under subsection (a),
12 the Secretary shall issue such regulations as are nec-
13 essary to establish requirements for an air carrier to
14 purchase or lease an eligible aircraft described in
15 subsection (a), including a timing requirement for
16 the purchase of such, and decommissioning and sell-
17 ing of applicable currently used aircraft of the air
18 carrier for recycling of parts or disposal, except as
19 provided in subsection (f)(2).
20 (d) VALUE OF VOUCHERS.—The Secretary may de-
21 termine the value of each voucher, not to exceed
22 $10,000,000, based on the difference in emissions between
23 the currently used aircraft being decommissioned and sold
24 and the eligible aircraft being purchased or leased. In de-
25 termining the value of each voucher, the Secretary shall
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1 also consider if such eligible aircraft also include noise re-
2 duction, including whether such aircraft meet Stage 5
3 standards. In addition, the Secretary shall consider seat
4 capacity and typical stage length of both the currently
5 used aircraft being decommissioned and sold and the eligi-
6 ble aircraft being purchased or leased in determining the
7 value of the voucher.
8 (e) REGULATIONS.—Not later than 180 days after
9 the date of enactment of this Act, the Secretary shall issue
10 such regulations as are necessary to carry out this section,
11 including a requirement that a voucher may be used only
12 to pay a new aircraft order, not an order placed (even if
13 not not filled) before the date of enactment of this Act.
14 (f) REGISTRATION.—
15 (1) IN GENERAL.—The Secretary shall register
16 aircraft recycling firms eligible to purchase currently
17 used aircraft under this section and establish re-
18 quirements and procedures for the recycling of parts
19 or disposal of such aircraft to ensure that such air-
20 craft are taken out of service and not used to de-
21 velop other aircraft with higher greenhouse gas
22 emissions.
23 (2) EXCEPTION.—Notwithstanding paragraph
24 (1), in the case of an emergency declared by the Sec-
25 retary or a national emergency declared by the
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1 President, the Secretary may temporarily waive the
2 provisions of such paragraph that prevent the use of
3 aircraft taken out of service pursuant to this section
4 for the purposes of responding to such emergency or
5 national emergency.
6 (g) AUTHORIZATION OF APPROPRIATIONS.—There is
7 authorized to carry out the program established under this
8 section $1,000,000,000 and such sums shall remain avail-
9 able until expended.
10 (h) DEFINITIONS.—In this section the following defi-
11 nitions apply:
12 (1) ADMINISTRATOR.—The term ‘‘Adminis-
13 trator’’ means the Administrator of the Environ-
14 mental Protection Agency.
15 (2) AIR CARRIER.—The term ‘‘air carrier’’ has
16 the meaning given such term in section 40102 of
17 title 49, United States Code.
18 (3) CURRENTLY USED AIRCRAFT.—The term
19 ‘‘currently used aircraft’’ means—
20 (A) aircraft in the bottom 25 percent of
21 the air carrier’s aircraft fleet in terms of fuel
22 efficiency per seat; and
23 (B) aircraft that have been in service for
24 at least 1,500 hours in the previous calendar
25 year.
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1 (4) ELIGIBLE AIRCRAFT.—The term ‘‘eligible
2 aircraft’’ means aircraft that must be new and con-
3 sidered by the Secretary highly fuel-efficient with
4 some consideration given to their noise impact.
5 (5) SECRETARY.—The term ‘‘Secretary’’ means
6 the Secretary of Transportation.
7 SEC. 1634. AIRBORNE ULTRAFINE PARTICLE STUDY.
8 (a) IN GENERAL.—Not later than 180 days after the
9 date of enactment of this Act, the Administrator of the
10 Federal Aviation Administration, jointly with the Adminis-
11 trator of the Environmental Protection Agency, shall enter
12 into an agreement with an eligible institution of higher
13 education to conduct a study examining airborne ultrafine
14 particles and their effect on human health.
15 (b) SCOPE OF STUDY.—The study conducted under
16 subsection (a) shall—
17 (1) summarize the relevant literature and stud-
18 ies done on airborne ultrafine particles worldwide;
19 (2) focus on large hub commercial airports in—
20 (A) Seattle;
21 (B) Boston;
22 (C) Chicago;
23 (D) New York;
24 (E) the Northern California Metroplex;
25 (F) Phoenix;
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1 (G) the Southern California Metroplex;
2 (H) the District of Columbia; and
3 (I) Atlanta;
4 (3) examine airborne ultrafine particles and
5 their effect on human health, including—
6 (A) characteristics of UFPs present in the
7 air;
8 (B) spatial and temporal distributions of
9 UFP concentrations;
10 (C) primary sources of UFPs;
11 (D) the contribution of aircraft and airport
12 operations to the distribution of UFP con-
13 centrations when compared to other sources;
14 (E) potential health effects associated with
15 elevated UFP exposures, including outcomes re-
16 lated to cardiovascular disease, respiratory in-
17 fection and disease, degradation of
18 neurocognitive functions, and other health ef-
19 fects, that have been considered in previous
20 studies; and
21 (F) potential UFP exposures, especially to
22 susceptible and vulnerable groups;
23 (4) identify measures, including the use of sus-
24 tainable aviation fuels, intended to reduce emissions
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1 from aircraft and airport operations and assess po-
2 tential effects on emissions related to UFPs; and
3 (5) identifies information gaps related to under-
4 standing relationships between UFP exposures and
5 health effects, contributions of aviation-related emis-
6 sions to UFP exposures, and the effectiveness of
7 mitigation measures.
8 (c) ELIGIBILITY.—An institution of higher education
9 is eligible to conduct the study if the institution—
10 (1) is located in one of the areas identified in
11 subsection (b);
12 (2) applies to the Administrator of the Federal
13 Aviation Administration in a timely fashion;
14 (3) demonstrates to the satisfaction of the Ad-
15 ministrator that the institution is qualified to con-
16 duct the study;
17 (4) agrees to submit to the Administrator, not
18 later than 2 years after entering into an agreement
19 under subsection (a), the results of the study, in-
20 cluding any source materials used; and
21 (5) meets such other requirements as the Ad-
22 ministrator determines necessary.
23 (d) COORDINATION.—The Administrator may coordi-
24 nate with the Administrator of the Environmental Protec-
25 tion Agency, the Secretary of Health and Human Services,
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1 and any other agency head whom the Administrator deems
2 appropriate to provide data and other assistance necessary
3 for the study.
4 (e) REPORT.—Not later than 180 days after submis-
5 sion of the results of the study by the institution of higher
6 education, the Administrator shall submit to the Com-
7 mittee on Transportation and Infrastructure and the
8 Committee on Energy and Commerce of the House of
9 Representatives and the Committee on Commerce,
10 Science, and Transportation of the Senate a report on the
11 study including the results of the study submitted under
12 subsection (c)(4) by the institution of higher education.
13 (f) DEFINITION.—In this Act, the terms ‘‘ultrafine
14 particle’’ and ‘‘UFP’’ mean particles with diameters less
15 than or equal to 100 nanometers.
16 SEC. 1635. STUDY ON COLONIAS.
17 (a) IN GENERAL.—The Secretary of Transportation
18 shall carry out a study on the infrastructure state of
19 colonias, including surface, transit, water, and broadband
20 infrastructure of such colonias.
21 (b) REPORT.—Not later than 1 year after the date
22 of enactment of this Act, the Secretary shall submit to
23 the Committee on Transportation and Infrastructure of
24 the House of Representatives and the Committee on Com-
25 merce, Science, and Transportation of the Senate a report
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1 describing the results of the study under subsection (a),
2 including any recommendations for congressional action
3 on colonias.
4 (c) COLONIAS DEFINED.—In this section, the term
5 ‘‘colonias’’ has the meaning given the term in section
6 509(f)(8) of the Housing Act of 1949 (42 U.S.C.
7 1479(f)(8)).
8 SEC. 1636. GAO STUDY ON CAPITAL NEEDS OF PUBLIC FER-
9 RIES.
10 (a) IN GENERAL.—The Comptroller General of the
11 United States shall conduct a study on the capital invest-
12 ment needs of United States public ferries and how Fed-
13 eral funding programs are meeting such needs.
14 (b) CONSIDERATIONS.—In carrying out the study
15 under subsection (a), the Comptroller General shall exam-
16 ine the feasibility of including United States public ferries
17 in the conditions and performance report of the Depart-
18 ment of Transportation.
19 (c) REPORT TO CONGRESS.—Not later than 1 year
20 after the date of enactment of this Act, the Comptroller
21 General shall submit to Congress a report describing the
22 results of the study described in subsection (a), including
23 any recommendations for how to include ferries in the con-
24 ditions and performance report of the Department of
25 Transportation.
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1 SEC. 1637. USE OF MODELING AND SIMULATION TECH-
2 NOLOGY.
3 It is the sense of Congress that the Department
4 should utilize, to the fullest and most economically feasible
5 extent practicable, modeling and simulation technology to
6 analyze highway and public transportation projects au-
7 thorized by this Act to ensure that these projects—
8 (1) will increase transportation capacity and
9 safety, alleviate congestion, and reduce travel time
10 and environmental impacts; and
11 (2) are as cost effective as practicable.
12 SEC. 1638. GAO STUDY ON PER-MILE USER FEE EQUITY.
13 (a) ESTABLISHMENT.—Not later than 2 years after
14 the date of enactment of this Act, the Comptroller General
15 of the United States shall carry out a study on the impact
16 of equity issues associated with per-mile user fee funding
17 systems on the surface transportation system.
18 (b) CONTENTS.—The study under subsection (a)
19 shall include the following with respect to per-mile user
20 fee systems:
21 (1) The financial, social, and other impacts of
22 per-mile user fee systems on individuals, including
23 both men and women drivers, low-income individ-
24 uals, and individuals of different races.
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1 (2) The impact that access to alternative modes
2 of transportation, including public transportation,
3 has in carrying out per-mile user fee systems.
4 (3) The ability to access jobs and services,
5 which may include healthcare facilities, child care,
6 education and workforce training, food sources,
7 banking and other financial institutions, and other
8 retail shopping establishments.
9 (4) Equity issues for low-income individuals in
10 urban and rural areas.
11 (5) Any differing impacts on passenger vehicles
12 and commercial vehicles.
13 (c) INCLUSIONS.—In carrying out the study under
14 subsection (a), the Comptroller General shall include an
15 analysis of the following programs:
16 (1) The State surface transportation system
17 funding pilot program under section 6020 of the
18 FAST Act; and
19 (2) The national surface transportation system
20 funding pilot under section 5402 of this Act.
21 (d) REPORT.—Not later than 2 years after the date
22 of the enactment after this Act, the Comptroller General
23 shall submit to the Committee on Transportation and In-
24 frastructure of the House of Representatives and the Com-
25 mittee on Environment and Public Works of the Senate,
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1 and make publicly available, a report containing the re-
2 sults of the study under subsection (a), including rec-
3 ommendations for how to equitably implement per-mile
4 user fee systems.
5 (e) DEFINITIONS.—
6 (1) PER-MILE USER FEE.—The term ‘‘per-mile
7 user fee’’ means a revenue mechanism that—
8 (A) is applied to road users operating
9 motor vehicles on the surface transportation
10 system; and
11 (B) is based on the number of vehicle miles
12 traveled by an individual road user.
13 (2) COMMERCIAL VEHICLE.—The term ‘‘com-
14 mercial vehicle’’ has the meaning given the term
15 commercial motor vehicle in section 31101 of title
16 49, United States Code.
17 SEC. 1639. GAO REVIEW OF EQUITY CONSIDERATIONS AT
18 STATE DOTS.
19 (a) REVIEW REQUIRED.—Not later than 1 year after
20 the date of enactment of this Act, the Comptroller General
21 shall undertake a review of the extent to which State de-
22 partments of transportation have in place best practices,
23 standards, and protocols designed to ensure equity consid-
24 erations in transportation planning, project selection, and
25 project delivery, including considerations of the diverse
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1 transportation needs of low-income populations, minority
2 populations, women, and other diverse populations.
3 (b) EVALUATION.—After the completion of the review
4 under subsection (a), the Comptroller General shall issue
5 and make available on a publicly accessible Website a re-
6 port detailing—
7 (1) findings based on the review in subsection
8 (a);
9 (2) a comprehensive set of recommendations for
10 State departments of transportation to improve eq-
11 uity considerations, which may include model legisla-
12 tion, best practices, or guidance; and
13 (3) any recommendations to Congress for addi-
14 tional statutory authority needed to support State
15 department of transportation efforts to incorporate
16 equity considerations into transportation planning,
17 project selection, and project delivery.
18 (c) REPORT.—After completing the review and eval-
19 uation required under subsections (a) and (b), and not
20 later than 2 years after the date of enactment of this Act,
21 the Comptroller General shall make available on a publicly
22 accessible Website, a report that includes—
23 (1) findings based on the review conducted
24 under subsection (a);
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1 (2) the outcome of the evaluation conducted
2 under subsection (b);
3 (3) a comprehensive set of recommendations to
4 improve equity considerations in the public transpor-
5 tation industry, including recommendations for stat-
6 utory changes if applicable; and
7 (4) the actions that the Secretary of Transpor-
8 tation could take to effectively address the rec-
9 ommendations provided under paragraph (3).
10 SEC. 1640. STUDY ON EFFECTIVENESS OF SUICIDE PREVEN-
11 TION NETS AND BARRIERS FOR STRUCTURES
12 OTHER THAN BRIDGES.
13 (a) STUDY.—The Comptroller General of the United
14 States shall conduct a study to identify—
15 (1) the types of structures, other than bridges,
16 that attract a high number of individuals attempting
17 suicide-by-jumping;
18 (2) the characteristics that distinguish struc-
19 tures identified under paragraph (1) from similar
20 structures that do not attract a high number of indi-
21 viduals attempting suicide-by-jumping;
22 (3) the types of nets or barriers that are effec-
23 tive at reducing suicide-by-jumping with respect to
24 the structures identified under paragraph (1);
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1 (4) methods of reducing suicide-by-jumping
2 with respect to the structures identified under para-
3 graph (1) other than nets and barriers;
4 (5) quantitative measures of the effectiveness of
5 the nets and barriers identified under paragraph (3);
6 (6) quantitative measures of the effectiveness of
7 the additional methods identified under paragraph
8 (4);
9 (7) the entities that typically install the nets
10 and barriers identified under paragraph (3); and
11 (8) the costs of the nets and barriers identified
12 under paragraph (3).
13 (b) REPORT.—Not later than 1 year after the date
14 of the enactment of this Act, the Comptroller General shall
15 submit to the Committee on Transportation and Infra-
16 structure and the Committee on Energy and Commerce
17 of the House of Representatives and the Committee on
18 Health, Education, Labor, and Pensions and the Com-
19 mittee on Commerce, Science, and Transportation of the
20 Senate a report on the results of the study conducted
21 under subsection (a).
22 SEC. 1641. COMPTROLLER GENERAL STUDY ON NATIONAL
23 DUI REPORTING.
24 (a) IN GENERAL.—The Comptroller General of the
25 United States shall conduct a study on the reporting of
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1 alcohol-impaired driving arrest and citation results into
2 Federal databases to facilitate the widespread identifica-
3 tion of repeat impaired driving offenders.
4 (b) INCLUSIONS.—The study conducted under sub-
5 section (a) shall include a detailed assessment of—
6 (1) the extent to which State and local criminal
7 justice agencies are reporting alcohol-impaired driv-
8 ing arrest and citation results into Federal data-
9 bases;
10 (2) barriers on the Federal, State, and local lev-
11 els to the reporting of alcohol-impaired driving ar-
12 rest and citation results into Federal databases, as
13 well as barriers to the use of those systems by crimi-
14 nal justice agencies;
15 (3) Federal, State, and local resources available
16 to improve the reporting of alcohol-impaired driving
17 arrest and citation results into Federal databases;
18 (4) recommendations for policies and programs
19 to be carried out by the National Highway Traffic
20 Safety Administration; and
21 (5) recommendations for programs and grant
22 funding to be authorized by Congress.
23 (c) REPORT.—Not later than 1 year after the date
24 of enactment of this Act, the Comptroller General of the
25 United States shall submit to the appropriate committees
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1 of Congress a report on the results of the study conducted
2 under subsection (a).
3 SEC. 1642. FUTURE INTERSTATE DESIGNATION AND OPER-
4 ATION.
5 Section 1105(e)(5)(A) of the Intermodal Surface
6 Transportation Efficiency Act of 1991 is amended by in-
7 serting ‘‘subclauses (I) through (IX) of subsection
8 (c)(38)(A)(i), subsection (c)(38)(A)(iv),’’ after ‘‘subsection
9 (c)(37),’’.
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) $16,185,800,000 for fiscal year 2022;
25 ‘‘(B) $16,437,600,000 for fiscal year 2023;
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1 ‘‘(C) $16,700,600,000 for fiscal year 2024;
2 and
3 ‘‘(D) $16,963,600,000 for fiscal year
4 2025.
5 ‘‘(2) ALLOCATION OF FUNDS.—Of the amounts
6 made available under paragraph (1)—
7 ‘‘(A) $189,879,151 for fiscal year 2022,
8 $192,841,266 for fiscal year 2023,
9 $195,926,726 for fiscal year 2024, and
10 $199,002,776 for fiscal year 2025, shall be
11 available to carry out section 5305;
12 ‘‘(B) $7,505,830,848 for fiscal year 2022,
13 $7,622,921,809 for fiscal year 2023,
14 $7,744,888,558 for fiscal year 2024, and
15 $7,866,483,309 for fiscal year 2025 shall be al-
16 located in accordance with section 5336 to pro-
17 vide financial assistance for urbanized areas
18 under section 5307;
19 ‘‘(C) $101,510,000 for fiscal year 2022,
20 $103,093,556 for fiscal year 2023,
21 $104,743,053 for fiscal year 2024, and
22 $106,387,519 for fiscal year 2025 shall be
23 available for grants under section 5308;
24 ‘‘(D) $434,830,298 for fiscal year 2022,
25 $441,613,651 for fiscal year 2023,
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1 $448,679,469 for fiscal year 2024, and
2 $455,723,737 for fiscal year 2025 shall be
3 available to carry out section 5310, of which
4 not less than—
5 ‘‘(i) $5,075,500 for fiscal year 2022,
6 $5,154,678 for fiscal year 2023,
7 $5,237,153 for fiscal year 2024, and
8 $5,319,376 for fiscal year 2025 shall be
9 available to carry out section 5310(j); and
10 ‘‘(ii) $20,302,000 for fiscal year 2022,
11 $20,618,711 for fiscal year 2023,
12 $20,948,611 for fiscal year 2024, and
13 $21,277,504 for fiscal year 2025 shall be
14 available to carry out section 5310(k);
15 ‘‘(E) $1,025,199,724 for fiscal year 2022,
16 $1,041,192,839 for fiscal year 2023,
17 $1,057,851,925 for fiscal year 2024, and
18 $1,074,460,200 for fiscal year 2025 shall be
19 available to carry out section 5311, of which
20 not less than—
21 ‘‘(i) $55,679,500 for fiscal year 2022,
22 $56,392,100 for fiscal year 2023,
23 $57,134,374 for fiscal year 2024, and
24 $57,874,383 for fiscal year 2025 shall be
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1 available to carry out section 5311(c)(1);
2 and
3 ‘‘(ii) $50,755,000 for fiscal year 2022,
4 $51,546,778 for fiscal year 2023,
5 $52,371,526 for fiscal year 2024, and
6 $53,193,759 for fiscal year 2025 shall be
7 available to carry out section 5311(c)(2);
8 ‘‘(F) $33,498,300 for fiscal year 2022,
9 $34,020,873 for fiscal year 2023, $34,565,207
10 for fiscal year 2024, and $35,107,881 for fiscal
11 year 2025 shall be available to carry out section
12 5312, of which not less than—
13 ‘‘(i) $5,075,500 for fiscal year 2022,
14 $5,154,678 for fiscal year 2023,
15 $5,237,153 for fiscal year 2024, and
16 $5,319,376 for fiscal year 2025 shall be
17 available to carry out each of sections
18 5312(d)(3), 5312(d)(4) and 5312(j);
19 ‘‘(ii) $3,045,300 for fiscal year 2022,
20 $3,092,807 for fiscal year 2023,
21 $3,142,292 for fiscal year 2024, and
22 $3,191,626 for fiscal year 2025 shall be
23 available to carry out section 5312(h); and
24 ‘‘(iii) $10,151,000 for fiscal year
25 2022, $10,309,356 for fiscal year 2023,
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1 $10,474,305 for fiscal year 2024, and
2 $10,638,752 for fiscal year 2025 shall be
3 available to carry out section 5312(i);
4 ‘‘(G) $23,347,300 for fiscal year 2022,
5 $23,711,518 for fiscal year 2023, $24,090,902
6 for fiscal year 2024, and $24,469,129 for fiscal
7 year 2025 shall be available to carry out section
8 5314, of which not less than—
9 ‘‘(i) $4,060,400 for fiscal year 2022,
10 $4,123,742 for fiscal year 2023,
11 $4,189,722 for fiscal year 2024, and
12 $4,255,501 for fiscal year 2025 shall be
13 available to carry out section of 5314(a);
14 ‘‘(ii) $5,075,500 for fiscal year 2022,
15 $5,154,678 for fiscal year 2023,
16 $5,237,153 for fiscal year 2024, and
17 $5,319,376 for fiscal year 2025 shall be
18 available to carry out section 5314(c); and
19 ‘‘(iii) $12,181,200 for fiscal year
20 2022, $12,371,227 for fiscal year 2023,
21 $12,569,166 for fiscal year 2024, and
22 $12,766,502 for fiscal year 2025 shall be
23 available to carry out section 5314(b)(2);
24 ‘‘(H) $5,075,500 for fiscal year 2022,
25 $5,154,678 for fiscal year 2023, $5,237,153 for
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1 fiscal year 2024, and $5,319,376 for fiscal year
2 2025 shall be available to carry out section
3 5318;
4 ‘‘(I) $30,453,000 for fiscal year 2022,
5 $30,928,067 for fiscal year 2023, $31,422,916
6 for fiscal year 2024, and $31,916,256 for fiscal
7 year 2025 shall be available to carry out section
8 5328, of which not less than—
9 ‘‘(i) $25,377,500 for fiscal year 2022,
10 $25,773,389 for fiscal year 2023,
11 $26,185,763 for fiscal year 2024, and
12 $26,596,880 for fiscal year 2025 shall be
13 available to carry out section of 5328(b);
14 and
15 ‘‘(ii) $2,537,750 for fiscal year 2022,
16 $2,577,339 for fiscal year 2023,
17 $2,618,576 for fiscal year 2024, and
18 $2,659,688 for fiscal year 2025 shall be
19 available to carry out section 5328(c);
20 ‘‘(J) $4,060,400 for fiscal year 2022,
21 $4,123,742 for fiscal year 2023, $4,189,722 for
22 fiscal year 2024, and $4,255,501 for fiscal year
23 2025 shall be available to carry out section
24 5335;
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1 ‘‘(K) $4,192,573,361 for fiscal year 2022,
2 $4,266,448,314 for fiscal year 2023,
3 $4,344,093,870 for fiscal year 2024, and
4 $4,422,314,724 for fiscal year 2025 shall be
5 available to carry out section 5337;
6 ‘‘(L) to carry out the bus formula program
7 under section 5339(a)—
8 ‘‘(i) $1,240,328,213 for fiscal year
9 2022, $1,259,667,334 for fiscal year 2023,
10 $1,279,832,171 for fiscal year 2024, and
11 $1,299,925,536 for fiscal year 2025; ex-
12 cept that
13 ‘‘(ii) 15 percent of the amounts under
14 clause (i) shall be available to carry out
15 5339(d);
16 ‘‘(M) $437,080,000 for fiscal year 2022,
17 $424,748,448 for fiscal year 2023,
18 $387,944,423 for fiscal year 2024, and
19 $351,100,151 for fiscal year 2025 shall be
20 available to carry out section 5339(b);
21 ‘‘(N) $375,000,000 for fiscal year 2022,
22 $400,000,000 for fiscal year 2023,
23 $450,000,000 for fiscal year 2024, and
24 $500,000,000 for fiscal year 2025 shall be
25 available to carry out section 5339(c); and
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1 ‘‘(O) $587,133,905 for each of fiscal years
2 2022 through 2025 shall be available to carry
3 out section 5340 to provide financial assistance
4 for urbanized areas under section 5307 and
5 rural areas under section 5311, of which—
6 ‘‘(i) $309,688,908 for each of fiscal
7 years 2022 through 2025 shall be for
8 growing States under section 5340(c); and
9 ‘‘(ii) $277,444,997 for each of fiscal
10 years 2022 through 2025 shall be for high
11 density States under section 5340(d).
12 ‘‘(b) CAPITAL INVESTMENT GRANTS.—There are au-
13 thorized to be appropriated to carry out section 5309
14 $3,500,000,000 for fiscal year 2022, $4,250,000,000 for
15 fiscal year 2023, $5,000,000,000 for fiscal year 2024, and
16 5,500,000,000 for fiscal year 2025.
17 ‘‘(c) ADMINISTRATION.—
18 ‘‘(1) IN GENERAL.—There are authorized to be
19 appropriated to carry out section 5334,
20 $142,060,785 for fiscal year 2022, $144,191,696 for
21 fiscal year 2023, $146,412,248 for fiscal year 2024,
22 and 148,652,356 for fiscal year 2025.
23 ‘‘(2) SECTION 5329.—Of the amounts author-
24 ized to be appropriated under paragraph (1), not
25 less than $6,000,000 for each of fiscal years 2022
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1 through 2025 shall be available to carry out section
2 5329.
3 ‘‘(3) SECTION 5326.—Of the amounts made
4 available under paragraph (2), not less than
5 $2,500,000 for each of fiscal years 2022 through
6 2025 shall be available to carry out section 5326.
7 ‘‘(d) OVERSIGHT.—
8 ‘‘(1) IN GENERAL.—Of the amounts made
9 available to carry out this chapter for a fiscal year,
10 the Secretary may use not more than the following
11 amounts for the activities described in paragraph
12 (2):
13 ‘‘(A) 0.5 percent of amounts made avail-
14 able to carry out section 5305.
15 ‘‘(B) 0.75 percent of amounts made avail-
16 able to carry out section 5307.
17 ‘‘(C) 1 percent of amounts made available
18 to carry out section 5309.
19 ‘‘(D) 1 percent of amounts made available
20 to carry out section 601 of the Passenger Rail
21 Investment and Improvement Act of 2008
22 (Public Law 110–432; 126 Stat. 4968).
23 ‘‘(E) 0.5 percent of amounts made avail-
24 able to carry out section 5310.
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1 ‘‘(F) 0.5 percent of amounts made avail-
2 able to carry out section 5311.
3 ‘‘(G) 1 percent of amounts made available
4 to carry out section 5337, of which not less
5 than 25 percent of such amounts shall be avail-
6 able to carry out section 5329 and of which not
7 less than 10 percent of such amounts shall be
8 made available to carry out section 5320.
9 ‘‘(H) 1 percent of amounts made available
10 to carry out section 5339 of which not less than
11 10 percent of such amounts shall be made
12 available to carry out section 5320.
13 ‘‘(I) 1 percent of amounts made available
14 to carry out section 5308.
15 ‘‘(2) ACTIVITIES.—The activities described in
16 this paragraph are as follows:
17 ‘‘(A) Activities to oversee the construction
18 of a major capital project.
19 ‘‘(B) Activities to review and audit the
20 safety and security, procurement, management,
21 and financial compliance of a recipient or sub-
22 recipient of funds under this chapter.
23 ‘‘(C) Activities to provide technical assist-
24 ance generally, and to provide technical assist-
25 ance to correct deficiencies identified in compli-
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1 ance reviews and audits carried out under this
2 section.
3 ‘‘(3) GOVERNMENT SHARE OF COSTS.—The
4 Government shall pay the entire cost of carrying out
5 a contract under this subsection/activities described
6 in paragraph (2).
7 ‘‘(4) AVAILABILITY OF CERTAIN FUNDS.—
8 Funds made available under paragraph (1)(C) shall
9 be made available to the Secretary before allocating
10 the funds appropriated to carry out any project
11 under a full funding grant agreement.
12 ‘‘(e) GRANTS AS CONTRACTUAL OBLIGATIONS.—
13 ‘‘(1) GRANTS FINANCED FROM HIGHWAY TRUST
14 FUND.—A grant or contract that is approved by the
15 Secretary and financed with amounts made available
16 from the Mass Transit Account of the Highway
17 Trust Fund pursuant to this section is a contractual
18 obligation of the Government to pay the Government
19 share of the cost of the project.
20 ‘‘(2) GRANTS FINANCED FROM GENERAL
21 FUND.—A grant or contract that is approved by the
22 Secretary and financed with amounts appropriated
23 in advance from the general fund of the Treasury
24 pursuant to this section is a contractual obligation
25 of the Government to pay the Government share of
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1 the cost of the project only to the extent that
2 amounts are appropriated for such purpose by an
3 Act of Congress.
4 ‘‘(f) AVAILABILITY OF AMOUNTS.—Amounts made
5 available by or appropriated under this section shall re-
6 main available until expended.
7 ‘‘(g) LIMITATION ON FINANCIAL ASSISTANCE FOR
8 STATE-OWNED ENTERPRISES.—
9 ‘‘(1) IN GENERAL.—Funds provided under this
10 section may not be used in awarding a contract, sub-
11 contract, grant, or loan to an entity that is owned
12 or controlled by, is a subsidiary of, or is otherwise
13 related legally or financially to a corporation based
14 in a country that—
15 ‘‘(A) is identified as a nonmarket economy
16 country (as defined in section 771(18) of the
17 Tariff Act of 1930 (19 U.S.C. 1677(18))) as of
18 the date of enactment of this Act;
19 ‘‘(B) was identified by the United States
20 Trade Representative in the most recent report
21 required by section 182 of the Trade Act of
22 1974 (19 U.S.C. 2242) as a priority foreign
23 country under subsection (a)(2) of that section;
24 and
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1 ‘‘(C) is subject to monitoring by the Trade
2 Representative under section 306 of the Trade
3 Act of 1974 (19 U.S.C. 2416).
4 ‘‘(2) EXCEPTION.—For purposes of paragraph
5 (1), the term ‘otherwise related legally or financially’
6 does not include a minority relationship or invest-
7 ment.
8 ‘‘(3) INTERNATIONAL AGREEMENTS.—This sub-
9 section shall be applied in a manner consistent with
10 the obligations of the United States under inter-
11 national agreements.’’.
12 (b) CONFORMING AMENDMENTS.—
13 (1) Section 5311 of title 49, United States
14 Code, is amended by striking ‘‘5338(a)(2)(F)’’ and
15 inserting ‘‘5338(a)(2)(E)’’.
16 (2) 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 (3) 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 (4) Section 5336 of title 49, United States
24 Code, is amended—
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1 (A) in subsection (d)(1) by striking
2 ‘‘5338(a)(2)(C)’’ and inserting
3 ‘‘5338(a)(2)(B)’’; and
4 (B) in subsection (h) by striking
5 ‘‘5338(a)(2)(C)’’ and inserting
6 ‘‘5338(a)(2)(B)’’.
7 (5) Subsections (c) and (d)(1) of section 5327
8 of title 49, United States Code, are amended by
9 striking ‘‘5338(f)’’ and inserting ‘‘5338(d)’’.
10 (6) Section 5340(b) of title 49, United States
11 Code, is amended by striking ‘‘5338(b)(2)(N)’’ and
12 inserting ‘‘5338(a)(2)(O)’’.
13 SEC. 2102. CHAPTER 53 DEFINITIONS.
14 Section 5302 of title 49, United States Code, is
15 amended—
16 (1) in paragraph (1)(E)—
17 (A) by striking ‘‘and the installation’’ and
18 inserting ‘‘, the installation’’; and
19 (B) by inserting ‘‘, and bikeshare projects’’
20 after ‘‘public transportation vehicles’’;
21 (2) in paragraph (3)—
22 (A) in subparagraph (G) by striking clause
23 (iii) and inserting the following:
24 ‘‘(iii) provides a fair share of revenue
25 established by the Secretary that will be
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1 used for public transportation, except for a
2 joint development that is a community
3 service (as defined by the Federal Transit
4 Administration), publicly operated facility,
5 or offers a minimum of 50 percent of units
6 as affordable housing, meaning legally
7 binding affordability restricted housing
8 units available to tenants with incomes
9 below 60 percent of the area median in-
10 come or owners with incomes below the
11 area median;’’; and
12 (B) 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))’’; and
17 (3) by adding at the end the following:
18 ‘‘(25) RESILIENCE.—
19 ‘‘(A) IN GENERAL.—The term ‘resilience’
20 means, with respect to a facility, the ability
21 to—
22 ‘‘(i) anticipate, prepare for, or adapt
23 to conditions; or
24 ‘‘(ii) withstand, respond to, or recover
25 rapidly from disruptions.
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1 ‘‘(B) INCLUSIONS.—Such term includes,
2 with respect to a facility, the ability to—
3 ‘‘(i) resist hazards or withstand im-
4 pacts from disruptions;
5 ‘‘(ii) reduce the magnitude, duration,
6 or impact of a disruption; or
7 ‘‘(iii) have the absorptive capacity,
8 adaptive capacity, and recoverability to de-
9 crease vulnerability to a disruption.
10 ‘‘(26) ASSAULT ON A TRANSIT WORKER.—The
11 term ‘assault on a transit worker’ means any cir-
12 cumstance in which an individual knowingly, without
13 lawful authority or permission, and with intent to
14 endanger the safety of any individual, or with a
15 reckless disregard for the safety of human life, inter-
16 feres with, disables, or incapacitates any transit
17 worker while the transit worker is performing his or
18 her duties.’’.
19 SEC. 2103. GENERAL PROVISIONS.
20 Section 5323 of title 49, United States Code, is
21 amended—
22 (1) in subsection (d)—
23 (A) in paragraph (1) by striking ‘‘urban
24 area’’ and inserting ‘‘urbanized area’’;
25 (B) by adding at the end the following:
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1 ‘‘(3) EXCEPTIONS.—This subsection shall not
2 apply to financial assistance under this chapter—
3 ‘‘(A) in which the non-Federal share of
4 project costs are provided from amounts re-
5 ceived under a service agreement with a State
6 or local social service agency or private social
7 service organization pursuant to section
8 5307(d)(3)(E) or section 5311(g)(3)(C);
9 ‘‘(B) provided to a recipient or sub-
10 recipient whose sole receipt of such assistance
11 derives from section 5310; or
12 ‘‘(C) provided to a recipient operating a
13 fixed route service that is—
14 ‘‘(i) for a period of less than 30 days;
15 ‘‘(ii) accessible to the public;
16 ‘‘(iii) contracted by a local govern-
17 ment entity that provides local cost share
18 to the recipient; and
19 ‘‘(iv) not contracted for the purposes
20 of a convention or on behalf of a conven-
21 tion and visitors bureau.
22 ‘‘(4) GUIDELINES.—The Secretary shall publish
23 guidelines for grant recipients and private bus oper-
24 ators that clarify when and how a transit agency
25 may step back and provide the service in the event
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1 a registered charter provider does not contact the
2 customer, provide a quote, or provide the service.’’;
3 (2) in subsection (h)—
4 (A) in paragraph (1) by adding ‘‘or’’ at the
5 end; and
6 (B) by striking paragraph (2) and redesig-
7 nating paragraph (3) as paragraph (2);
8 (3) by striking subsection (j) and inserting the
9 following:
10 ‘‘(j) REPORTING ACCESSIBILITY COMPLAINTS.—
11 ‘‘(1) IN GENERAL.—The Secretary shall ensure
12 that an individual who believes that he or she, or a
13 specific class in which the individual belongs, has
14 been subjected to discrimination on the basis of dis-
15 ability by a State or local governmental entity, pri-
16 vate nonprofit organization, or Tribe that operates a
17 public transportation service and is a recipient or
18 subrecipient of funds under this chapter, may, by
19 the individual or by an authorized representative, file
20 a complaint with the Department of Transportation.
21 ‘‘(2) PROCEDURES.—Not later than 1 year
22 after the date of enactment of the INVEST in
23 America Act, the Secretary shall implement proce-
24 dures that allow an individual to submit a complaint
25 described in paragraph (1) by phone, mail-in form,
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1 and online through the website of the Office of Civil
2 Rights of the Federal Transit Administration.
3 ‘‘(3) NOTICE TO INDIVIDUALS WITH DISABIL-
4 ITIES.—Not later than 12 months after the date of
5 enactment of the INVEST in America Act, the Sec-
6 retary shall require that each public transit provider
7 and contractor providing paratransit services shall
8 include on a publicly available website of the service
9 provider, any related mobile device application, and
10 online service—
11 ‘‘(A) notice that an individual can file a
12 disability-related complaint with the local tran-
13 sit agency and the process and any timelines for
14 filing such a complaint;
15 ‘‘(B) the telephone number, or a com-
16 parable electronic means of communication, for
17 the disability assistance hotline of the Office of
18 Civil Rights of the Federal Transit Administra-
19 tion;
20 ‘‘(C) notice that a consumer can file a dis-
21 ability related complaint with the Office of Civil
22 Rights of the Federal Transit Administration;
23 and
24 ‘‘(D) an active link to the website of the
25 Office of Civil Rights of the Federal Transit
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1 Administration for an individual to file a dis-
2 ability-related complaint.
3 ‘‘(4) INVESTIGATION OF COMPLAINTS.—Not
4 later than 60 days after the last day of each fiscal
5 year, the Secretary shall publish a report that lists
6 the disposition of complaints described in paragraph
7 (1), including—
8 ‘‘(A) the number and type of complaints
9 filed with Department of Transportation;
10 ‘‘(B) the number of complaints inves-
11 tigated by the Department;
12 ‘‘(C) the result of the complaints that were
13 investigated by the Department including
14 whether the complaint was resolved—
15 ‘‘(i) informally;
16 ‘‘(ii) by issuing a violation through a
17 noncompliance Letter of Findings; or
18 ‘‘(iii) by other means, which shall be
19 described; and
20 ‘‘(D) if a violation was issued for a com-
21 plaint, whether the Department resolved the
22 noncompliance by—
23 ‘‘(i) reaching a voluntary compliance
24 agreement with the entity;
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1 ‘‘(ii) referring the matter to the Attor-
2 ney General; or
3 ‘‘(iii) by other means, which shall be
4 described.
5 ‘‘(5) REPORT.—The Secretary shall, upon im-
6 plementation of this section and annually thereafter,
7 submit to the Committee on Transportation and In-
8 frastructure of the House of Representatives, the
9 Committee on Banking, Housing, and Urban Affairs
10 of the Senate, and make publicly available a report
11 containing the information collected under this sec-
12 tion.’’;
13 (4) by striking subsection (m) and inserting the
14 following:
15 ‘‘(m) PREAWARD AND POSTDELIVERY REVIEW OF
16 ROLLING STOCK PURCHASES.—The Secretary shall pre-
17 scribe regulations requiring a preaward and postdelivery
18 review of a grant under this chapter to buy rolling stock
19 to ensure compliance with bid specifications requirements
20 of grant recipients under this chapter. Under this sub-
21 section, grantee inspections and review are required, and
22 a manufacturer certification is not sufficient.’’; and
23 (5) in subsection (r)—
24 (A) by inserting ‘‘or beneficial’’ after ‘‘det-
25 rimental’’;
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1 (B) by striking the period at the end and
2 inserting ‘‘; and’’;
3 (C) by striking ‘‘under this chapter may
4 not deny’’ and inserting the following: ‘‘under
5 this chapter—
6 ‘‘(1) may not deny’’; and
7 (D) by adding at the end the following:
8 ‘‘(2) shall respond to any request for reasonable
9 access within 75 days of the receipt of the request
10 and, if a recipient of assistance under this chapter
11 denies access to a private intercity or charter trans-
12 portation operator based on the reasonable access
13 standards, provide, in writing, the reasons for the
14 denial.’’.
15 SEC. 2104. MISCELLANEOUS PROVISIONS.
16 (a) STATE OF GOOD REPAIR GRANTS.—Section
17 5337(e) of title 49, United States Code, is amended by
18 adding at the end the following:
19 ‘‘(3) ACCESSIBILITY COSTS.—Notwithstanding
20 paragraph (1), the Federal share of the net project
21 cost of a project to provide accessibility in compli-
22 ance with the Americans with Disabilities Act of
23 1990 (42 U.S.C. 12101 et seq.) shall be 90 per-
24 cent.’’.
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1 (b) APPORTIONMENTS BASED ON GROWING STATES
2 AND HIGH DENSITY STATES FORMULA FACTORS.—Sec-
3 tion 5340(a) of title 49, United States Code, is amended
4 by inserting ‘‘and the District of Columbia’’ after ‘‘United
5 States’’.
6 (c) TECHNICAL ASSISTANCE AND WORKFORCE DE-
7 VELOPMENT.—Section 5314 of title 49, United States
8 Code, is amended—
9 (1) in subsection (a)(1)(B)—
10 (A) in clause (i) by striking ‘‘; and’’ and
11 inserting a semicolon;
12 (B) in clause (ii) by striking the period
13 and inserting ‘‘; and’’; and
14 (C) by adding at the end the following:
15 ‘‘(iii) technical assistance to assist re-
16 cipients with the impacts of a new census
17 count.’’; and
18 (2) in subsection (c)(4)(A) by inserting ‘‘,
19 5311’’ after ‘‘5307’’.
20 (d) NATIONAL TRANSIT DATABASE.—Section 5335
21 of title 49, United States Code, is amended—
22 (1) in subsection (a) by inserting ‘‘, including
23 information on transit routes and ridership on those
24 routes’’ after ‘‘public sector investment decision’’;
25 and
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1 (2) in subsection (c) by inserting ‘‘, any data on
2 each assault on a transit worker, and pedestrian in-
3 juries and fatalities as a result of an impact with a
4 bus. Each of the data sets shall be publicly reported
5 without aggregating the data with other safety data’’
6 after ‘‘by the recipient’’.
7 (e) URBANIZED AREA FORMULA GRANTS.—Section
8 5307 of title 49, United States Code, is amended—
9 (1) in subsection (a)(2)(A)—
10 (A) in clause (i) by striking ‘‘or’’ at the
11 end; and
12 (B) by adding at the end the following:
13 ‘‘(iii) operate a minimum of 101 buses
14 and a maximum of 125 buses in fixed
15 route service or demand response service,
16 excluding ADA complementary paratransit
17 service, during peak service hours, in an
18 amount not to exceed 25 percent of the
19 share of the apportionment which is attrib-
20 utable to such systems within the urban-
21 ized area, as measured by vehicle revenue
22 hours; or’’;
23 (2) in subsection (a)(2)(B)—
24 (A) in clause (i) by striking ‘‘or’’ at the
25 end;
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1 (B) in clause (ii) by striking the period at
2 the end and inserting ‘‘; or’’; and
3 (C) by adding at the end the following:
4 ‘‘(iii) operate a minimum of 101 buses
5 and a maximum of 125 buses in fixed
6 route service or demand response service,
7 excluding ADA complementary paratransit
8 service, during peak service hours, in an
9 amount not to exceed 25 percent of the
10 share of the apportionment allocated to
11 such systems within the urbanized area, as
12 determined by the local planning process
13 and included in the designated recipient’s
14 final program of projects prepared under
15 subsection (b).’’; and
16 (3) in subsection (b)—
17 (A) in paragraph (6) by striking ‘‘and’’ at
18 the end;
19 (B) by redesignating paragraph (7) as
20 paragraph (8); and
21 (C) by inserting after paragraph (6) the
22 following:
23 ‘‘(7) ensure that the proposed program of
24 projects provides improved access to transit for the
25 individuals described in section 5336(j); and’’.
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1 (f) TECHNICAL CORRECTION.—Section
2 5307(a)(2)(B)(ii) of title 49, United States Code, is
3 amended by striking ‘‘service during peak’’ and inserting
4 ‘‘service, during peak’’.
5 (g) IMPOSITION OF DEADLINE.—Section 5324 of title
6 49, United States Code, is amended by adding at the end
7 the following:
8 ‘‘(f) IMPOSITION OF DEADLINE.—
9 ‘‘(1) IN GENERAL.—Notwithstanding any other
10 provision of law, the Secretary may not require any
11 project funded under this section to advance to the
12 construction obligation stage before the date that is
13 the last day of the sixth fiscal year after the later
14 of—
15 ‘‘(A) the date on which the Governor de-
16 clared the emergency, as described in subsection
17 (d)(1)(A); or
18 ‘‘(B) the date on which the President de-
19 clared the emergency to be a major disaster, as
20 described in such subsection.
21 ‘‘(2) EXTENSION OF DEADLINE.—If the Sec-
22 retary imposes a deadline for advancement to the
23 construction obligation stage pursuant to paragraph
24 (1), the Secretary may, upon the request of the Gov-
25 ernor of the State, issue an extension of not more
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1 than 1 year to complete such advancement, and may
2 issue additional extensions after the expiration of
3 any extension, if the Secretary determines the Gov-
4 ernor of the State has provided suitable justification
5 to warrant such an extension.’’.
6 (h) TRANSPORTATION DEVELOPMENT CREDITS AS
7 LOCAL MATCH.—
8 (1) SECTION 5307.—Section 5307(d)(3) of title
9 49, United States Code, is amended—
10 (A) in subparagraph (D) by striking ‘‘;
11 and’’ and inserting a semicolon;
12 (B) in subparagraph (E) by striking the
13 period and inserting ‘‘; and’’; and
14 (C) by adding at the end the following:
15 ‘‘(F) transportation development credits.’’.
16 (2) SECTION 5309.—Section 5309 of title 49,
17 United States Code, is amended—
18 (A) in subsection (f) by adding at the end
19 the following:
20 ‘‘(3) TRANSPORTATION DEVELOPMENT CRED-
21 ITS.—For purposes of assessments and determina-
22 tions under this subsection or subsection (h), trans-
23 portation development credits that are included as a
24 source of local financing or match shall be treated
25 the same as other sources of local financing.’’; and
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1 (B) in subsection (l)(4)—
2 (i) in subparagraph (B) by striking ‘‘;
3 or’’ and inserting a semicolon;
4 (ii) in subparagraph (C) by striking
5 the period and inserting ‘‘; or’’; and
6 (iii) by adding at the end the fol-
7 lowing:
8 ‘‘(D) transportation development credits.’’.
9 (3) SECTION 5339.—Section 5339(a)(7)(B) of
10 title 49, United States Code, is amended—
11 (A) in clause (iv) by striking ‘‘; or’’ and in-
12 serting a semicolon;
13 (B) in clause (v) by striking the period and
14 inserting ‘‘; or’’; and
15 (C) by adding at the end the following:
16 ‘‘(vi) transportation development cred-
17 its.’’.
18 SEC. 2105. POLICIES AND PURPOSES.
19 Section 5301(b) of title 49, United States Code, is
20 amended—
21 (1) in paragraph (7) by striking ‘‘; and’’ and in-
22 serting a semicolon;
23 (2) in paragraph (8) by striking the period and
24 inserting a semicolon; and
25 (3) by adding at the end the following:
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1 ‘‘(9) reduce the contributions of the surface
2 transportation system to the total carbon pollution
3 of the United States; and
4 ‘‘(10) improve the resiliency of the public trans-
5 portation network to withstand weather events and
6 other natural disasters.’’.
7 SEC. 2106. FISCAL YEAR 2022 FORMULAS.
8 For fiscal year 2022, the Secretary shall apportion
9 and distribute formula funds provided for under chapter
10 53 of title 49, United States Code, using data submitted
11 to the 2019 National Transit Database.
12 SEC. 2107. METROPOLITAN TRANSPORTATION PLANNING.
13 Section 5303 of title 49, United States Code, is
14 amended—
15 (1) by amending subsection (a)(1) to read as
16 follows:
17 ‘‘(1) to encourage and promote the safe and ef-
18 ficient management, operation, and development of
19 surface transportation systems that will serve the
20 mobility needs of people and freight, foster economic
21 growth and development within and between States
22 and urbanized areas, and take into consideration re-
23 siliency and climate change adaptation needs while
24 reducing transportation-related fuel consumption, air
25 pollution, and greenhouse gas emissions through
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1 metropolitan and statewide transportation planning
2 processes identified in this chapter; and’’.
3 (2) in subsection (b)—
4 (A) by redesignating paragraphs (6) and
5 (7) as paragraphs (7) and (8), respectively; and
6 (B) by inserting after paragraph (5) the
7 following:
8 ‘‘(6) STIP.—The term ‘STIP’ means a state-
9 wide transportation improvement program developed
10 by a State under section 135(g).’’;
11 (3) in subsection (c)—
12 (A) in paragraph (1) by striking ‘‘and
13 transportation improvement programs’’ and in-
14 serting ‘‘and TIPs’’; and
15 (B) by adding at the end the following:
16 ‘‘(4) CONSIDERATION.—In developing the plans
17 and TIPs, metropolitan planning organizations shall
18 consider direct and indirect emissions of greenhouse
19 gases.’’;
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 Federal Public Transportation Act of
24 2012, each’’ and inserting ‘‘Each’’;
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1 (B) in paragraph (3) by adding at the end
2 the following:
3 ‘‘(D) CONSIDERATIONS.—
4 ‘‘(i) EQUITABLE AND PROPORTIONAL
5 REPRESENTATION.—In designating offi-
6 cials or representatives under paragraph
7 (2), the metropolitan planning organization
8 shall consider the equitable and propor-
9 tional representation of the population of
10 the metropolitan planning area.
11 ‘‘(ii) SAVINGS CLAUSE.—Nothing in
12 this paragraph shall require a metropolitan
13 planning organization in existence on the
14 date of enactment of this subparagraph to
15 be restructured.
16 ‘‘(iii) REDESIGNATION.—Notwith-
17 standing clause (ii), the requirements of
18 this paragraph shall apply to any metro-
19 politan planning organization redesignated
20 under paragraph (6).’’;
21 (C) in paragraph (6)(B) by striking ‘‘para-
22 graph (2)’’ and inserting ‘‘paragraphs (2) or
23 (3)(D)’’; and
24 (D) in paragraph (7)—
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1 (i) by striking ‘‘an existing metropoli-
2 tan planning area’’ and inserting ‘‘an ur-
3 banized area’’; and
4 (ii) by striking ‘‘the existing metro-
5 politan planning area’’ and inserting ‘‘the
6 area’’;
7 (5) in subsection (g)—
8 (A) in paragraph (1) by striking ‘‘a metro-
9 politan area’’ and inserting ‘‘an urbanized
10 area’’;
11 (B) in paragraph (2) by striking ‘‘MPOS’’
12 and inserting ‘‘METROPOLITAN PLANNING
13 AREAS’’
14 (C) in paragraph (3)(A) by inserting
15 ‘‘emergency response and evacuation, climate
16 change adaptation and resilience,’’ after ‘‘dis-
17 aster risk reduction,’’; and
18 (D) by adding at the end the following:
19 ‘‘(4) COORDINATION BETWEEN MPOS.—
20 ‘‘(A) IN GENERAL.—If more than one met-
21 ropolitan planning organization is designated
22 within an urbanized area under subsection
23 (d)(7), the metropolitan planning organizations
24 designated within the area shall ensure, to the
25 maximum extent practicable, the consistency of
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1 any data used in the planning process, includ-
2 ing information used in forecasting transpor-
3 tation demand.
4 ‘‘(B) SAVINGS CLAUSE.—Nothing in this
5 paragraph requires metropolitan planning orga-
6 nizations designated within a single urbanized
7 area to jointly develop planning documents, in-
8 cluding a unified long-range transportation plan
9 or unified TIP.’’;
10 (6) in subsection (h)(1)—
11 (A) by striking subparagraph (E) and in-
12 serting the following:
13 ‘‘(E) protect and enhance the environment,
14 promote energy conservation, reduce greenhouse
15 gas emissions, improve the quality of life and
16 public health, and promote consistency between
17 transportation improvements and State and
18 local planned growth and economic development
19 patterns, including housing and land use pat-
20 terns;’’;
21 (B) in subparagraph (H) by striking
22 ‘‘and’’ at the end;
23 (C) in subparagraph (I) by striking the pe-
24 riod at the end and inserting ‘‘and reduce or
25 mitigate stormwater, sea level rise, extreme
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1 weather, and climate change impacts of surface
2 transportation;’’; and
3 (D) by inserting after subparagraph (I) the
4 following:
5 ‘‘(J) facilitate emergency management, re-
6 sponse, and evacuation and hazard mitigation;
7 ‘‘(K) improve the level of transportation
8 system access; and
9 ‘‘(L) support inclusive zoning policies and
10 land use planning practices that incentivize af-
11 fordable, elastic, and diverse housing supply, fa-
12 cilitate long-term economic growth by improving
13 the accessibility of housing to jobs, and prevent
14 high housing costs from displacing economically
15 disadvantaged households.’’;
16 (7) in subsection (h)(2) by striking subpara-
17 graph (A) and inserting the following:
18 ‘‘(A) IN GENERAL.—Through the use of a
19 performance-based approach, transportation in-
20 vestment decisions made as a part of the metro-
21 politan transportation planning process shall
22 support the national goals described in section
23 150(b), the achievement of metropolitan and
24 statewide targets established under section
25 150(d), the improvement of transportation sys-
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1 tem access (consistent with section 150(f)), and
2 the general purposes described in section 5301
3 of title 49.’’;
4 (8) in subsection (i)—
5 (A) in paragraph (2)(D)(i) by inserting
6 ‘‘reduce greenhouse gas emissions and’’ before
7 ‘‘restore and maintain’’;
8 (B) in paragraph (2)(G) by inserting ‘‘and
9 climate change’’ after ‘‘infrastructure to natural
10 disasters’’;
11 (C) in paragraph (2)(H) by inserting
12 ‘‘greenhouse gas emissions,’’ after ‘‘pollution,’’;
13 (D) in paragraph (5)—
14 (i) in subparagraph (A) by inserting
15 ‘‘air quality, public health, housing, trans-
16 portation, resilience, hazard mitigation,
17 emergency management,’’ after ‘‘conserva-
18 tion,’’; and
19 (ii) by striking subparagraph (B) and
20 inserting the following:
21 ‘‘(B) ISSUES.—The consultation shall in-
22 volve, as appropriate, comparison of transpor-
23 tation plans to other relevant plans, including,
24 if available—
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1 ‘‘(i) State conservation plans or maps;
2 and
3 ‘‘(ii) inventories of natural or historic
4 resources.’’; and
5 (E) by amending paragraph (6)(C) to read
6 as follows:
7 ‘‘(C) METHODS.—
8 ‘‘(i) IN GENERAL.—In carrying out
9 subparagraph (A), the metropolitan plan-
10 ning organization shall, to the maximum
11 extent practicable—
12 ‘‘(I) hold any public meetings at
13 convenient and accessible locations
14 and times;
15 ‘‘(II) employ visualization tech-
16 niques to describe plans; and
17 ‘‘(III) make public information
18 available in electronically accessible
19 format and means, such as the inter-
20 net, as appropriate to afford reason-
21 able opportunity for consideration of
22 public information under subpara-
23 graph (A).
24 ‘‘(ii) ADDITIONAL METHODS.—In ad-
25 dition to the methods described in clause
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1 (i), in carrying out subparagraph (A), the
2 metropolitan planning organization shall,
3 to the maximum extent practicable—
4 ‘‘(I) use virtual public involve-
5 ment, social media, and other web-
6 based tools to encourage public par-
7 ticipation and solicit public feedback;
8 and
9 ‘‘(II) use other methods, as ap-
10 propriate, to further encourage public
11 participation of historically underrep-
12 resented individuals in the transpor-
13 tation planning process.’’;
14 (9) in subsection (j)—
15 (A) by striking ‘‘transportation improve-
16 ment program’’ and inserting ‘‘TIP’’ each place
17 it appears; and
18 (B) in paragraph (2)(D)—
19 (i) by striking ‘‘PERFORMANCE TAR-
20 GET ACHIEVEMENT’’ and inserting ‘‘PER-
21 FORMANCE MANAGEMENT’’;
22 (ii) by striking ‘‘The TIP’’ and insert-
23 ing the following:
24 ‘‘(i) IN GENERAL.—The TIP’’; and
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1 (iii) by adding at the end the fol-
2 lowing:
3 ‘‘(ii) TRANSPORTATION MANAGEMENT
4 AREAS.—For metropolitan planning areas
5 that represent an urbanized area des-
6 ignated as a transportation management
7 area under subsection (k), the TIP shall
8 include—
9 ‘‘(I) a discussion of the antici-
10 pated effect of the TIP toward achiev-
11 ing the performance targets estab-
12 lished in the metropolitan transpor-
13 tation plan, linking investment prior-
14 ities to such performance targets; and
15 ‘‘(II) a description of how the
16 TIP would improve the overall level of
17 transportation system access, con-
18 sistent with section 150(f) of title
19 23.’’;
20 (10) in subsection (k)—
21 (A) in paragraph (3)(A)—
22 (i) by striking ‘‘shall address conges-
23 tion management’’ and inserting the fol-
24 lowing: ‘‘shall address—
25 ‘‘(i) congestion management’’;
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1 (ii) by striking the period at the end
2 and inserting ‘‘; and’’; and
3 (iii) by adding at the end the fol-
4 lowing:
5 ‘‘(ii) the overall level of transportation
6 system access for various modes of travel
7 within the metropolitan planning area, in-
8 cluding the level of access for economically
9 disadvantaged communities, consistent
10 with section 150(f) of title 23, that is
11 based on a cooperatively developed and im-
12 plemented metropolitan-wide strategy, as-
13 sessing both new and existing transpor-
14 tation facilities eligible for funding under
15 this chapter and title 23.’’; and
16 (B) in paragraph (5)(B)—
17 (i) in clause (i) by striking ‘‘; and’’
18 and inserting a semicolon;
19 (ii) in clause (ii) by striking the pe-
20 riod and inserting ‘‘; and’’; and
21 (iii) by adding at the end the fol-
22 lowing:
23 ‘‘(iii) the TIP approved under clause
24 (ii) improves the level of transportation
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1 system access, consistent with section
2 150(f) of title 23.’’;
3 (11) in subsection (l)(2)—
4 (A) by striking ‘‘5 years after the date of
5 enactment of the Federal Public Transportation
6 Act of 2012’’ and inserting ‘‘2 years after the
7 date of enactment of the INVEST in America
8 Act, and every 2 years thereafter,’’;
9 (B) in subparagraph (C) by striking ‘‘and
10 whether metropolitan planning organizations
11 are developing meaningful performance targets;
12 and’’ and inserting a semicolon; and
13 (C) by striking subparagraph (D) and in-
14 serting the following:
15 ‘‘(D) a listing of all metropolitan planning
16 organizations that are establishing performance
17 targets and whether such performance targets
18 established by the metropolitan planning orga-
19 nization are meaningful or regressive (as de-
20 fined in section 150(d)(3)(B) of title 23); and
21 ‘‘(E) the progress of implementing the
22 measure established under section 150(f) of
23 title 23.’’; and
24 (12) by striking ‘‘Federally’’ each place it ap-
25 pears and inserting ‘‘federally’’.
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1 SEC. 2108. STATEWIDE AND NONMETROPOLITAN TRANS-
2 PORTATION PLANNING.
3 Section 5304 of title 49, United States Code, is
4 amended—
5 (1) in subsection (a)—
6 (A) in paragraph (1) by striking ‘‘state-
7 wide transportation improvement program’’ and
8 inserting ‘‘STIP’’;
9 (B) in paragraph (2)—
10 (i) by striking ‘‘The statewide trans-
11 portation plan and the’’ and inserting the
12 following:
13 ‘‘(A) IN GENERAL.—The statewide trans-
14 portation plan and the’’;
15 (ii) by striking ‘‘transportation im-
16 provement program’’ and inserting
17 ‘‘STIP’’; and
18 (iii) by adding at the end the fol-
19 lowing:
20 ‘‘(B) CONSIDERATION.—In developing the
21 statewide transportation plans and STIPs,
22 States shall consider direct and indirect emis-
23 sions of greenhouse gases.’’; and
24 (C) in paragraph (3) by striking ‘‘trans-
25 portation improvement program’’ and inserting
26 ‘‘STIP’’;
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1 (2) in subsection (d)—
2 (A) in paragraph (1)—
3 (i) in subparagraph (E)—
4 (I) by inserting ‘‘reduce green-
5 house gas emissions,’’ after ‘‘promote
6 energy conservation,’’;
7 (II) by inserting ‘‘and public
8 health’’ after ‘‘improve the quality of
9 life’’; and
10 (III) by inserting ‘‘, including
11 housing and land use patterns’’ after
12 ‘‘economic development patterns’’;
13 (ii) in subparagraph (H) by striking
14 ‘‘and’’;
15 (iii) in subparagraph (I) by striking
16 the period at the end and inserting ‘‘and
17 reduce or mitigate stormwater, sea level
18 rise, extreme weather, and climate change
19 impacts of surface transportation;’’; and
20 (iv) by adding at the end the fol-
21 lowing:
22 ‘‘(J) facilitate emergency management, re-
23 sponse, and evacuation and hazard mitigation;
24 ‘‘(K) improve the level of transportation
25 system access; and
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1 ‘‘(L) support inclusive zoning policies and
2 land use planning practices that incentivize af-
3 fordable, elastic, and diverse housing supply, fa-
4 cilitate long-term economic growth by improving
5 the accessibility of housing to jobs, and prevent
6 high housing costs from displacing economically
7 disadvantaged households.’’;
8 (B) in paragraph (2)—
9 (i) by striking subparagraph (A) and
10 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 state-
14 wide transportation planning process shall sup-
15 port—
16 ‘‘(i) the national goals described in
17 section 150(b);
18 ‘‘(ii) the consideration of transpor-
19 tation system access (consistent with sec-
20 tion 150(f));
21 ‘‘(iii) the achievement of statewide
22 targets established under section 150(d);
23 and
24 ‘‘(iv) the general purposes described
25 in section 5301 of title 49.’’; and
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1 (ii) in subparagraph (D) by striking
2 ‘‘statewide transportation improvement
3 program’’ and inserting ‘‘STIP’’; and
4 (C) in paragraph (3) by striking ‘‘state-
5 wide transportation improvement program’’ and
6 inserting ‘‘STIP’’;
7 (3) in subsection (e)(3) by striking ‘‘transpor-
8 tation improvement program’’ and inserting
9 ‘‘STIP’’;
10 (4) in subsection (f)—
11 (A) in paragraph (2)(D)—
12 (i) in clause (i) by inserting ‘‘air qual-
13 ity, public health, housing, transportation,
14 resilience, hazard mitigation, emergency
15 management,’’ after ‘‘conservation,’’; and
16 (ii) by amending clause (ii) to read as
17 follows:
18 ‘‘(ii) COMPARISON AND CONSIDER-
19 ATION.—Consultation under clause (i)
20 shall involve the comparison of transpor-
21 tation plans to other relevant plans and in-
22 ventories, including, if available—
23 ‘‘(I) State and tribal conservation
24 plans or maps; and
•HR 2 EH
577
1 ‘‘(II) inventories of natural or
2 historic resources.’’;
3 (B) in paragraph (3)(B)—
4 (i) by striking ‘‘In carrying out’’ and
5 inserting the following:
6 ‘‘(i) IN GENERAL.—in carrying out’’;
7 (ii) by redesignating clauses (i)
8 through (iv) as subclauses (I) through
9 (IV), respectively; and
10 (iii) by adding at the end the fol-
11 lowing:
12 ‘‘(ii) ADDITIONAL METHODS.—In ad-
13 dition to the methods described in clause
14 (i), in carrying out subparagraph (A), the
15 State shall, to the maximum extent prac-
16 ticable—
17 ‘‘(I) use virtual public involve-
18 ment, social media, and other web-
19 based tools to encourage public par-
20 ticipation and solicit public feedback;
21 and
22 ‘‘(II) use other methods, as ap-
23 propriate, to further encourage public
24 participation of historically underrep-
•HR 2 EH
578
1 resented individuals in the transpor-
2 tation planning process.’’;
3 (C) in paragraph (4)(A) by inserting ‘‘re-
4 duce greenhouse gas emissions and’’ after ‘‘po-
5 tential to’’; and
6 (D) in paragraph (8) by inserting ‘‘includ-
7 ing consideration of the role that intercity buses
8 may play in reducing congestion, pollution,
9 greenhouse gas emissions, and energy consump-
10 tion in a cost-effective manner and strategies
11 and investments that preserve and enhance
12 intercity bus systems, including systems that
13 are privately owned and operated’’ after ‘‘trans-
14 portation system’’;
15 (5) in subsection (g)—
16 (A) in paragraph (1)(A) by striking ‘‘state-
17 wide transportation improvement program’’ and
18 inserting ‘‘STIP’’;
19 (B) in paragraph (4)—
20 (i) by striking ‘‘PERFORMANCE TAR-
21 GET ACHIEVEMENT’’ and inserting ‘‘PER-
22 FORMANCE MANAGEMENT’’;
23 (ii) by striking ‘‘shall include, to the
24 maximum extent practicable, a discussion’’
25 and inserting the following: ‘‘shall include
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1 ‘‘(A) a discussion’’;
2 (iii) by striking the period at the end
3 and inserting ‘‘; and’’;
4 (iv) by striking ‘‘statewide transpor-
5 tation improvement program’’ and insert-
6 ing ‘‘STIP’’ each place it appears; and
7 (v) by adding at the end the following:
8 ‘‘(B) a consideration of how the STIP im-
9 pacts the overall level of transportation system
10 access, consistent with section 150(f) of title
11 23.’’;
12 (C) in paragraph (5)—
13 (i) in subparagraph (A) by striking
14 ‘‘transportation improvement program’’
15 and inserting ‘‘STIP’’;
16 (ii) in subparagraph (B)(ii) by strik-
17 ing ‘‘metropolitan transportation improve-
18 ment program’’ and inserting ‘‘TIP’’;
19 (iii) in subparagraph (C) by striking
20 ‘‘transportation improvement program’’
21 and inserting ‘‘STIP’’ each place it ap-
22 pears;
23 (iv) in subparagraph (E) by striking
24 ‘‘transportation improvement program’’
25 and inserting ‘‘STIP’’;
•HR 2 EH
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1 (v) in subparagraph (F)(i) by striking
2 ‘‘transportation improvement program’’
3 and inserting ‘‘STIP’’ each place it ap-
4 pears;
5 (vi) in subparagraph (G)(ii) by strik-
6 ing ‘‘transportation improvement program’’
7 and inserting ‘‘STIP’’; and
8 (vii) in subparagraph (H) by striking
9 ‘‘transportation improvement program’’
10 and inserting ‘‘STIP’’;
11 (D) in paragraph (6)—
12 (i) in subparagraph (A)—
13 (I) by striking ‘‘transportation
14 improvement program’’ and inserting
15 ‘‘STIP’’; and
16 (II) by striking ‘‘and projects
17 carried out under the bridge program
18 or the Interstate maintenance pro-
19 gram under title 23’’; and
20 (ii) in subparagraph (B)—
21 (I) by striking ‘‘or under the
22 bridge program or the Interstate
23 maintenance program’’; and
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581
1 (II) by striking ‘‘statewide trans-
2 portation improvement program’’ and
3 inserting ‘‘STIP’’;
4 (E) in paragraph (7)—
5 (i) in the heading by striking ‘‘TRANS-
6 PORTATION IMPROVEMENT PROGRAM’’ and
7 inserting ‘‘STIP’’; and
8 (ii) by striking ‘‘transportation im-
9 provement program’’ and inserting
10 ‘‘STIP’’;
11 (F) in paragraph (8) by striking ‘‘state-
12 wide transportation plans and programs’’ and
13 inserting ‘‘statewide transportation plans and
14 STIPs’’; and
15 (G) in paragraph (9) by striking ‘‘trans-
16 portation improvement program’’ and inserting
17 ‘‘STIP’’;
18 (6) in subsection (h)(2)(A) by striking ‘‘Not
19 later than 5 years after the date of enactment of the
20 Federal Public Transportation Act of 2012,’’ and in-
21 serting ‘‘Not less frequently than once every 4
22 years,’’;
23 (7) in subsection (j) by striking ‘‘transportation
24 improvement program’’ and inserting ‘‘STIP’’ each
25 place it appears; and
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1 (8) in subsection (l) by striking ‘‘transportation
2 improvement programs’’ and inserting ‘‘STIPs’’.
3 SEC. 2109. OBLIGATION LIMITATION.
4 Notwithstanding any other provision of law, the total
5 of all obligations from amounts made available from the
6 Mass Transit Account of the Highway Trust Fund by sub-
7 section (a) of section 5338 of title 49, United States Code,
8 shall not exceed—
9 (1) $16,185,800,000 in fiscal year 2022;
10 (2) $16,437,600,000 in fiscal year 2023;
11 (3) $16,700,600,000 in fiscal year 2024; and
12 (4) $16,963,600,000 in fiscal year 2025.
13 SEC. 2110. PUBLIC TRANSPORTATION EMERGENCY RELIEF
14 FUNDS.
15 Section 5324 of title 49, United States Code, is fur-
16 ther amended by adding at the end the following:
17 ‘‘(g) IMPOSITION OF DEADLINE.—
18 ‘‘(1) IN GENERAL.—Notwithstanding any other
19 provision of law, the Secretary may not require any
20 project funded pursuant to this section to advance to
21 the construction obligation stage before the date
22 that is the last day of the sixth fiscal year after the
23 later of—
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583
1 ‘‘(A) the date on which the Governor de-
2 clared the emergency, as described in subsection
3 (a)(2); or
4 ‘‘(B) the date on which the President de-
5 clared a major disaster, as described in such
6 subsection.
7 ‘‘(2) EXTENSION OF DEADLINE.—If the Sec-
8 retary imposes a deadline for advancement to the
9 construction obligation stage pursuant to paragraph
10 (1), the Secretary may, upon the request of the Gov-
11 ernor of the State, issue an extension of not more
12 than 1 year to complete such advancement, and may
13 issue additional extensions after the expiration of
14 any extension, if the Secretary determines the Gov-
15 ernor of the State has provided suitable justification
16 to warrant an extension.’’.
17 SEC. 2111. CERTIFICATION REQUIREMENTS.
18 The certification requirements described in section
19 661.12 of title 49, Code of Federal Regulations, shall,
20 after the date of enactment of this Act, include a certifi-
21 cation that buses or other rolling stock (including train
22 control, communication and traction power equipment)
23 being procured do not contain or use any covered tele-
24 communications equipment or services, as such term is de-
25 fined by section 889 of the John S. McCain National De-
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1 fense Authorization Act for Fiscal Year 2019 (Public Law
2 115–232).
3 SEC. 2112. HOLD HARMLESS.
4 Notwithstanding any other provision of law, for fiscal
5 years 2021 and 2022, the Secretary of Transportation
6 shall allow project sponsors, at the request of such spon-
7 sor, to submit ridership and service data and projections
8 collected before January 20, 2020 and projections based
9 on that data to determine project eligibility under section
10 5309 of title 49, United States Code.
11 Subtitle B—Improving Frequency
12 and Ridership
13 SEC. 2201. MULTI-JURISDICTIONAL BUS FREQUENCY AND
14 RIDERSHIP COMPETITIVE GRANTS.
15 (a) IN GENERAL.—Chapter 53 of title 49, United
16 States Code, is amended by inserting after section 5307
17 the following new section:
18 ‘‘§ 5308. Multi-jurisdictional bus frequency and rider-
19 ship competitive grants
20 ‘‘(a) IN GENERAL.—The Secretary shall make grants
21 under this section, on a competitive basis, to eligible re-
22 cipients to increase the frequency and ridership of public
23 transit buses.
24 ‘‘(b) APPLICATIONS.—To be eligible for a grant
25 under this section, an eligible recipient shall submit to the
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1 Secretary an application at such time, in such manner,
2 and containing such information as the Secretary may re-
3 quire.
4 ‘‘(c) APPLICATION TIMING.—Not later than 90 days
5 after amounts are made available to carry out this section,
6 the Secretary shall solicit grant applications from eligible
7 recipients for projects described in subsection (d).
8 ‘‘(d) USES OF FUNDS.—An eligible recipient of a
9 grant under this section shall use such grant for capital
10 projects that—
11 ‘‘(1) increase—
12 ‘‘(A) the frequency of bus service;
13 ‘‘(B) bus ridership; and
14 ‘‘(C) total person throughput; and
15 ‘‘(2) are consistent with, and as described in,
16 the design guidance issued by the National Associa-
17 tion of City Transportation Officials and titled
18 ‘Transit Street Design Guide’.
19 ‘‘(e) GRANT CRITERIA.—In making grants under this
20 section, the Secretary shall consider the following:
21 ‘‘(1) Each eligible recipient’s projected increase
22 in bus frequency.
23 ‘‘(2) Each eligible recipient’s projected increase
24 in bus ridership.
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1 ‘‘(3) Each eligible recipient’s projected increase
2 in total person throughput.
3 ‘‘(4) The degree of regional collaboration de-
4 scribed in each eligible recipient’s application, in-
5 cluding collaboration with—
6 ‘‘(A) a local government entity that oper-
7 ates a public transportation service;
8 ‘‘(B) local government agencies that con-
9 trol street design;
10 ‘‘(C) metropolitan planning organizations
11 (as such term is defined in section 5303); and
12 ‘‘(D) State departments of transportation.
13 ‘‘(f) GRANT TIMING.—The Secretary shall award
14 grants under this section not later than 120 days after
15 the date on which the Secretary completes the solicitation
16 described in subsection (c).
17 ‘‘(g) REQUIREMENTS OF THE SECRETARY.—In car-
18 rying out the program under this section, the Secretary
19 shall—
20 ‘‘(1) not later than the date described in sub-
21 section (c), publish in the Federal Register a list of
22 all metrics and evaluation procedures to be used in
23 making grants under this section; and
24 ‘‘(2) publish in the Federal Register—
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1 ‘‘(A) a summary of the final metrics and
2 evaluations used in making grants under this
3 section; and
4 ‘‘(B) a list of the ratings of eligible recipi-
5 ents receiving a grant under this section based
6 on such metrics and evaluations.
7 ‘‘(h) FEDERAL SHARE.—
8 ‘‘(1) IN GENERAL.—The Federal share of the
9 cost of a project carried out under this section shall
10 not exceed 80 percent.
11 ‘‘(2) RESTRICTION ON GRANT AMOUNTS.—The
12 Secretary may make a grant for a project under this
13 section in an amount up to 150 percent of the
14 amount—
15 ‘‘(A) provided for such project under title
16 23; and
17 ‘‘(B) provided for such project from non-
18 Federal funds budgeted for roadways.
19 ‘‘(i) REQUIREMENTS OF SECTION 5307.—Except as
20 otherwise provided in this section, a grant under this sec-
21 tion shall be subject to the requirements of section 5307.
22 ‘‘(j) AVAILABILITY OF FUNDS.—
23 ‘‘(1) IN GENERAL.—Amounts made available to
24 carry out this section shall remain available for 4
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1 fiscal years after the fiscal year for which the
2 amount was made available.
3 ‘‘(2) UNOBLIGATED AMOUNTS.—After the expi-
4 ration of the period described in paragraph (1) for
5 an amount made available to carry out this section,
6 any unobligated amounts made available to carry out
7 this section shall be added to the amounts made
8 available for the following fiscal year.
9 ‘‘(k) ELIGIBLE RECIPIENTS.—In this section, the
10 term ‘eligible recipient’ means a recipient of a grant under
11 section 5307 in an urbanized area with a population great-
12 er than 500,000.’’.
13 (b) CLERICAL AMENDMENT.—The analysis for chap-
14 ter 53 of title 49, United States Code, is amended by in-
15 serting after the item relating to section 5307 the fol-
16 lowing new item:
‘‘5308. Multi-jurisdictional bus frequency and ridership competitive grants.’’.
17 SEC. 2202. INCENTIVIZING FREQUENCY IN THE URBAN FOR-
18 MULA.
19 Section 5336 of title 49, United States Code, is
20 amended—
21 (1) in subsection (b)—
22 (A) in paragraph (2)—
23 (i) in subparagraph (A)—
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1 (I) in the matter preceding clause
2 (i) by striking ‘‘95.61 percent’’ and
3 inserting ‘‘95 percent’’;
4 (II) in clause (i) by striking
5 ‘‘95.61 percent’’ and inserting ‘‘95
6 percent’’; and
7 (III) in clause (ii) by striking
8 ‘‘95.61 percent’’ and inserting ‘‘95
9 percent’’; and
10 (ii) in subparagraph (B)—
11 (I) in the matter preceding clause
12 (i) by striking ‘‘4.39 percent’’ and in-
13 serting ‘‘5 percent’’;
14 (II) in clause (i)—
15 (aa) by inserting ‘‘in the
16 highest 25 percent of routes by
17 ridership’’ before ‘‘multiplied
18 by’’; and
19 (bb) by striking ‘‘vehicle
20 passenger miles traveled for each
21 dollar of operating cost in an
22 area’’ and inserting ‘‘vehicles op-
23 erating in peak revenue service
24 per hour in the highest 25 per-
25 cent of routes by ridership’’; and
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1 (III) in clause (ii)—
2 (aa) by inserting ‘‘in the
3 highest 25 percent of routes by
4 ridership’’ before ‘‘multiplied
5 by’’; and
6 (bb) by striking ‘‘vehicle
7 passenger miles traveled for each
8 dollar of operating cost in all
9 areas’’ and inserting ‘‘vehicles
10 operating in peak revenue service
11 per hour in the highest 25 per-
12 cent of routes by ridership’’; and
13 (B) by adding at the end the following:
14 ‘‘(3) SPECIAL RULE.—For fiscal year 2022, the
15 percentage—
16 ‘‘(A) in paragraph (2)(A) in the matter
17 preceding clause (i) shall be treated as 100 per-
18 cent; and
19 ‘‘(B) in paragraph (2)(B) in the matter
20 preceding clause (i) shall be treated as 0 per-
21 cent.’’;
22 (2) in subsection (c)—
23 (A) in paragraph (1) by striking ‘‘90.8
24 percent’’ and inserting ‘‘90 percent’’ each place
25 it appears;
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1 (B) in paragraph (2)—
2 (i) by striking ‘‘9.2 percent’’ and in-
3 serting ‘‘8 percent’’;
4 (ii) by striking ‘‘200,000’’ and insert-
5 ing ‘‘500,000’’;
6 (iii) by striking subparagraph (A) and
7 inserting the following:
8 ‘‘(A) the number of bus passenger miles
9 traveled on the highest 25 percent of routes by
10 ridership multiplied by the number of buses op-
11 erating in peak revenue service per hour on the
12 highest 25 percent of routes by ridership; di-
13 vided by’’; and
14 (iv) by striking subparagraph (B) and
15 inserting the following:
16 ‘‘(B) the total number of bus passenger
17 miles traveled on the highest 25 percent of
18 routes by ridership multiplied by the total num-
19 ber of buses operating in peak revenue service
20 per hour on the highest 25 percent of routes by
21 ridership in all areas.’’; and
22 (C) by adding at the end the following:
23 ‘‘(3) Two percent of the total amount appor-
24 tioned under this subsection shall be apportioned so
25 that each urbanized area with a population of at
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1 least 200,000 and less than 500,000 is entitled to
2 receive an amount using the formula in paragraph
3 (1).
4 ‘‘(4) For fiscal year 2022, the percentage—
5 ‘‘(A) in paragraph (1) in the matter pre-
6 ceding subparagraph (A) shall be treated as
7 100 percent;
8 ‘‘(B) in paragraph (2) in the matter pre-
9 ceding subparagraph (A) shall be treated as 0
10 percent; and
11 ‘‘(C) in paragraph (3) shall be treated as
12 0 percent.’’; and
13 (3) by adding at the end the following:
14 ‘‘(k) PEAK REVENUE SERVICE DEFINED.—In this
15 section, the term ‘peak revenue service’ means the time
16 period between the time in the morning that an agency
17 first exceeds the number of midday vehicles in revenue
18 service and the time in the evening that an agency falls
19 below the number of midday vehicles in revenue service.’’.
20 SEC. 2203. MOBILITY INNOVATION.
21 (a) IN GENERAL.—Chapter 53 of title 49, United
22 States Code, is amended by inserting after section 5315
23 the following new section:
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1 ‘‘§ 5316. Mobility innovation
2 ‘‘(a) IN GENERAL.—Amounts made available to a
3 covered recipient to carry out sections 5307, 5310, and
4 5311 may be used by such covered recipient under this
5 section to assist in the financing of—
6 ‘‘(1) mobility as a service; and
7 ‘‘(2) mobility on demand services.
8 ‘‘(b) FEDERAL SHARE.—
9 ‘‘(1) IN GENERAL.—Except as provided in para-
10 graphs (2) and (3), the Federal share of the net cost
11 of a project carried out under this section shall not
12 exceed 70 percent.
13 ‘‘(2) INSOURCING INCENTIVE.—Notwith-
14 standing paragraph (1), the Federal share of the net
15 cost of a project described in paragraph (1) shall not
16 exceed 90 percent for mobility on demand service op-
17 erated exclusively by personnel employed by the re-
18 cipient.
19 ‘‘(3) ZERO EMISSION INCENTIVE.—Notwith-
20 standing paragraph (1), the Federal share of the net
21 cost of a project described in paragraph (1) shall not
22 exceed 90 percent if such project involves an eligible
23 use that uses a vehicle that produces zero carbon di-
24 oxide or particulate matter.
25 ‘‘(c) ELIGIBLE USES.—
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1 ‘‘(1) IN GENERAL.—The Secretary shall publish
2 guidance describing eligible activities that are dem-
3 onstrated to—
4 ‘‘(A) increase transit ridership;
5 ‘‘(B) be complementary to fixed route tran-
6 sit service;
7 ‘‘(C) demonstrate meaningful improve-
8 ments in—
9 ‘‘(i) environmental metrics, including
10 standards established pursuant to the
11 Clean Air Act (42 U.S.C. 7401 et seq.)
12 and greenhouse gas performance targets
13 established pursuant to section 150(d) of
14 title 23;
15 ‘‘(ii) traffic congestion;
16 ‘‘(iii) compliance with the require-
17 ments under the Americans with Disabil-
18 ities Act of 1990 (42 U.S.C. 12101 et
19 seq.);
20 ‘‘(iv) low-income service to increase
21 access to employment, healthcare, and
22 other essential services;
23 ‘‘(v) service outside of transit agency
24 operating hours, provided that the transit
25 agency operating hours are not reduced;
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1 ‘‘(vi) new low density service relative
2 to the higher density urban areas of the
3 agency’s service area; or
4 ‘‘(vii) rural service.
5 ‘‘(D) FARE COLLECTION MODERNIZA-
6 TION.—In developing guidance referred to in
7 this section, the Secretary shall ensure that—
8 ‘‘(i) all costs associated with install-
9 ing, modernizing, and managing fare col-
10 lection, including touchless payment sys-
11 tems, shall be considered eligible expenses
12 under this title and subject to the applica-
13 ble Federal share; and
14 ‘‘(ii) such guidance includes guidance
15 on how agencies shall provide unbanked
16 and underbanked users with an oppor-
17 tunity to benefit from mobility as a service
18 platforms.
19 ‘‘(2) PROHIBITION ON USE OF FUNDS.—
20 Amounts used by a covered recipient for projects eli-
21 gible under this section may not be used for—
22 ‘‘(A) single passenger vehicle miles (in a
23 passenger motor vehicle, as such term is de-
24 fined in section 32101, that carries less than 9
25 passengers), unless the trip—
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1 ‘‘(i) meets the definition of public
2 transportation; and
3 ‘‘(ii) begins or completes a fixed route
4 public transportation trip;
5 ‘‘(B) deadhead vehicle miles; or
6 ‘‘(C) any service considered a taxi service
7 that operates under an exemption from testing
8 requirements under section 5331.
9 ‘‘(d) FEDERAL REQUIREMENTS.—A project carried
10 out under this section shall be treated as if such project
11 were carried out under the section from which the funds
12 were provided to carry out such project, including the ap-
13 plication of any additional requirements provided for by
14 law that apply to section 5307, 5310, or 5311, as applica-
15 ble.
16 ‘‘(e) WAIVER.—
17 ‘‘(1) INDIVIDUAL WAIVER.—Except as provided
18 in paragraphs (2) and (3), the Secretary may waive
19 any requirement applied to a project carried out
20 under this section pursuant to subsection (d) if the
21 Secretary determines that the project would—
22 ‘‘(A) not undermine labor standards;
23 ‘‘(B) increase employment opportunities of
24 the recipient unless the Secretary determines
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1 that such a waiver does not affect employment
2 opportunities; and
3 ‘‘(C) be consistent with the public interest.
4 ‘‘(2) WAIVER UNDER OTHER SECTIONS.—The
5 Secretary may not waive any requirement under
6 paragraph (1) for which a waiver is otherwise avail-
7 able.
8 ‘‘(3) PROHIBITION OF WAIVER.—Notwith-
9 standing paragraph (1), the Secretary may not
10 waive any requirement of—
11 ‘‘(A) section 5333;
12 ‘‘(B) section 5331;
13 ‘‘(C) section 5302(14); and
14 ‘‘(D) chapter 53 that establishes a max-
15 imum Federal share for operating costs.
16 ‘‘(4) APPLICATION OF SECTION 5320.—Notwith-
17 standing paragraphs (1) and (2), the Secretary may
18 only waive the requirements of section 5320 with re-
19 spect to—
20 ‘‘(A) a passenger vehicle owned by an indi-
21 vidual; and
22 ‘‘(B) subsection (q) of such section for any
23 passenger vehicle not owned by an individual
24 for the period beginning on the date of enact-
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1 ment of this section and ending 3 years after
2 such date.
3 ‘‘(f) OPEN DATA STANDARDS.—
4 ‘‘(1) IN GENERAL.—Not later than 90 days
5 after the date of enactment of this section, the Sec-
6 retary shall initiate procedures under subchapter III
7 of chapter 5 of title 5 to develop an open data stand-
8 ard and an application programming interface nec-
9 essary to carry out this section.
10 ‘‘(2) REGULATIONS.—The regulations required
11 under paragraph (1) shall require public transpor-
12 tation agencies, mobility on demand providers, mo-
13 bility as a service technology providers, other non-
14 government actors, and local governments the effi-
15 cient means to transfer data to—
16 ‘‘(A) foster the efficient use of transpor-
17 tation capacity;
18 ‘‘(B) enhance the management of new
19 modes of mobility;
20 ‘‘(C) enable the use of innovative planning
21 tools;
22 ‘‘(D) enable single payment systems for all
23 mobility on demand services;
24 ‘‘(E) establish metropolitan planning orga-
25 nization, State, and local government access to
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1 anonymized data for transportation planning,
2 real time operations data, and rules;
3 ‘‘(F) safeguard personally identifiable in-
4 formation;
5 ‘‘(G) protect confidential business informa-
6 tion; and
7 ‘‘(H) enhance cybersecurity protections.
8 ‘‘(3) PROHIBITION ON FOR PROFIT ACTIVITY.—
9 Any data received by an entity under this subsection
10 may not be sold, leased, or otherwise used to gen-
11 erate profit, except for the direct provision of the re-
12 lated mobility on demand services and mobility as a
13 service.
14 ‘‘(4) COMMITTEE.—A negotiated rulemaking
15 committee established pursuant to section 565 of
16 title 5 to carry out this subsection shall have a max-
17 imum of 17 members limited to representatives of
18 the Department of Transportation, State and local
19 governments, metropolitan planning organizations,
20 urban and rural covered recipients, associations that
21 represent public transit agencies, representatives
22 from at least 3 different organizations engaged in
23 collective bargaining on behalf of transit workers in
24 not fewer than 3 States, mobility on demand pro-
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1 viders, and mobility as a service technology pro-
2 viders.
3 ‘‘(5) PUBLICATION OF PROPOSED REGULA-
4 TIONS.—Proposed regulations to implement this sec-
5 tion shall be published in the Federal Register by
6 the Secretary not later than 18 months after such
7 date of enactment.
8 ‘‘(6) EXTENSION OF DEADLINES.—A deadline
9 set forth in paragraph (4) may be extended up to
10 180 days if the negotiated rulemaking committee re-
11 ferred to in paragraph (5) concludes that the com-
12 mittee cannot meet the deadline and the Secretary
13 so notifies the Committee on Transportation and In-
14 frastructure of the House of Representatives and the
15 Committee on Banking, Housing, and Urban Affairs
16 of the Senate.
17 ‘‘(g) APPLICATION OF RECIPIENT REVENUE VEHI-
18 CLE MILES.—With respect to revenue vehicle miles with
19 one passenger of a covered recipient using amounts under
20 this section, such miles—
21 ‘‘(1) shall be included in the National Transit
22 Database under section 5335; and
23 ‘‘(2) shall be excluded from vehicle revenue
24 miles data used in the calculation described in sec-
25 tion 5336.
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1 ‘‘(h) SAVINGS CLAUSE.—Subsection (c)(2) and sub-
2 section (g) shall not apply to any eligible activities under
3 this section if such activities are—
4 ‘‘(1) being carried out in compliance with the
5 Americans with Disabilities Act of 1990 22(42
6 U.S.C. 12101 et seq.); or
7 ‘‘(2) projects eligible under section 5310 that
8 exceed the requirements of the Americans with Dis-
9 abilities Act of 1990 (42 U.S.C. 12101 et seq.).
10 ‘‘(i) DEFINITIONS.—In this section:
11 ‘‘(1) DEADHEAD VEHICLE MILES.—The term
12 ‘deadhead vehicle miles’ means the miles that a vehi-
13 cle travels when out of revenue service, including
14 leaving or returning to the garage or yard facility,
15 changing routes, when there is no expectation of car-
16 rying revenue passengers, and any miles traveled by
17 a private operator without a passenger.
18 ‘‘(2) MOBILITY AS A SERVICE.—The term ‘mo-
19 bility as a service’ means services that constitute the
20 integration of mobility on demand services and pub-
21 lic transportation that are available and accessible to
22 all travelers, provide multimodal trip planning, and
23 a unified payment system.
24 ‘‘(3) MOBILITY ON DEMAND.—The term ‘mobil-
25 ity on demand’ means an on-demand transportation
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1 service shared among individuals, either concurrently
2 or one after another.
3 ‘‘(4) COVERED RECIPIENT.—The term ‘covered
4 recipient’ means a State or local government entity,
5 private nonprofit organization, or Tribe that—
6 ‘‘(A) operates a public transportation serv-
7 ice; and
8 ‘‘(B) is a recipient or subrecipient of funds
9 under section 5307, 5310, or 5311.’’.
10 (b) CLERICAL AMENDMENT.—The analysis for chap-
11 ter 53 of title 49, United States Code, is amended by in-
12 serting after the item relating to section 5315 the fol-
13 lowing new item:
‘‘5316. Mobility innovation.’’.
14 (c) EFFECTIVE DATE.—This section and the amend-
15 ments made by this section shall take effect on the date
16 on which the Secretary has finalized both—
17 (1) the guidance required under section 5316(c)
18 of title 49, United States Code; and
19 (2) the regulations required under section
20 5316(f) of title 49, United States Code.
21 SEC. 2204. FORMULA GRANTS FOR RURAL AREAS.
22 Section 5311 of title 49, United States Code, is
23 amended—
24 (1) in subsection (b)—
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1 (A) in paragraph (2) by adding at the end
2 the following:
3 ‘‘(D) CENSUS DESIGNATION.—The Sec-
4 retary may approve a State program that allo-
5 cates not more than 5 percent of such State’s
6 apportionment to assist rural areas that were
7 redesignated as urban areas not more than 2
8 fiscal years after the last census designation of
9 urbanized area boundaries.’’; and
10 (B) in paragraph (3) by striking ‘‘section
11 5338(a)(2)(F)’’ and inserting ‘‘section
12 5338(a)(2)(E)’’;
13 (2) in subsection (c)—
14 (A) in paragraph (1)—
15 (i) in the matter preceding subpara-
16 graph (A) by striking ‘‘section
17 5338(a)(2)(F)’’ and inserting ‘‘section
18 5338(a)(2)(E)’’;
19 (ii) in subparagraph (A) by striking
20 ‘‘$5,000,000’’ and inserting
21 ‘‘$10,000,000’’; and
22 (iii) in subparagraph (B) by striking
23 ‘‘$30,000,000’’ and inserting ‘‘the amount
24 remaining under section 5338(a)(2)(E)(i)
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1 after the amount under subparagraph (A)
2 is distributed’’;
3 (B) in paragraph (2)(C) by striking ‘‘sec-
4 tion 5338(a)(2)(F)’’ and inserting ‘‘section
5 5338(a)(2)(E)’’; and
6 (C) in paragraph (3)—
7 (i) in subparagraph (A) by striking
8 ‘‘section 5338(a)(2)(F)’’ and inserting
9 ‘‘section 5338(a)(2)(E)’’; and
10 (ii) by striking subparagraphs (B) and
11 (C) and inserting the following:
12 ‘‘(B) LAND AREA.—
13 ‘‘(i) IN GENERAL.—Subject to clause
14 (ii), each State shall receive an amount
15 that is equal to 15 percent of the amount
16 apportioned under this paragraph, multi-
17 plied by the ratio of the land area in rural
18 areas in that State and divided by the land
19 area in all rural areas in the United
20 States, as shown by the most recent decen-
21 nial census of population.
22 ‘‘(ii) MAXIMUM APPORTIONMENT.—
23 No State shall receive more than 5 percent
24 of the amount apportioned under clause
25 (i).
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1 ‘‘(C) POPULATION.—Each State shall re-
2 ceive an amount equal to 50 percent of the
3 amount apportioned under this paragraph, mul-
4 tiplied by the ratio of the population of rural
5 areas in that State and divided by the popu-
6 lation of all rural areas in the United States, as
7 shown by the most recent decennial census of
8 population.
9 ‘‘(D) VEHICLE REVENUE MILES.—
10 ‘‘(i) IN GENERAL.—Subject to clause
11 (ii), each State shall receive an amount
12 that is equal to 25 percent of the amount
13 apportioned under this paragraph, multi-
14 plied by the ratio of vehicle revenue miles
15 in rural areas in that State and divided by
16 the vehicle revenue miles in all rural areas
17 in the United States, as determined by na-
18 tional transit database reporting.
19 ‘‘(ii) MAXIMUM APPORTIONMENT.—
20 No State shall receive more than 5 percent
21 of the amount apportioned under clause
22 (i).
23 ‘‘(E) LOW-INCOME INDIVIDUALS.—Each
24 State shall receive an amount that is equal to
25 10 percent of the amount apportioned under
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1 this paragraph, multiplied by the ratio of low-
2 income individuals in rural areas in that State
3 and divided by the number of low-income indi-
4 viduals in all rural areas in the United States,
5 as shown by the Bureau of the Census.’’;
6 (3) in subsection (f)—
7 (A) in paragraph (1) by inserting ‘‘A State
8 may expend funds to continue service into an-
9 other State to extend a route.’’ before ‘‘Eligible
10 activities under’’; and
11 (B) in paragraph (2) by inserting ‘‘and
12 makes the certification and supporting docu-
13 ments publicly available’’ before the period at
14 the end; and
15 (4) in subsection (g) by adding at the end the
16 following:
17 ‘‘(6) ALLOWANCE FOR VOLUNTEER HOURS.—
18 ‘‘(A) APPLICABLE REGULATIONS.—For
19 any funds provided by a department or agency
20 of the Government under paragraph (3)(D) or
21 by a service agreement under paragraph (3)(C),
22 and such department or agency has regulations
23 in place that provide for the valuation of volun-
24 teer hours as allowable in-kind contributions to-
25 ward the non-Federal share of project costs,
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1 such regulations shall be used to determine the
2 allowable valuation of volunteer hours as an in-
3 kind contribution toward the non-Federal re-
4 mainder of net project costs for a transit
5 project funded under this section.
6 ‘‘(B) LIMITATIONS.—Subparagraph (A)
7 shall not apply to the provision of fixed-route
8 bus services funded under this section.’’.
9 SEC. 2205. ONE-STOP PARATRANSIT PROGRAM.
10 Section 5310 of title 49, United States Code, is
11 amended by adding at the end the following:
12 ‘‘(j) ONE-STOP PARATRANSIT PROGRAM.—
13 ‘‘(1) IN GENERAL.—Not later than 6 months
14 after the date of enactment of this subsection, the
15 Secretary shall establish a one-stop paratransit com-
16 petitive grant program to encourage an extra stop in
17 non-fixed route Americans with Disabilities Act of
18 1990 (42 U.S.C. 12101 et seq.) service for a para-
19 transit rider to complete essential tasks.
20 ‘‘(2) PREFERENCE.—The Secretary shall give
21 preference to eligible recipients that—
22 ‘‘(A) have comparable data for the year
23 prior to implementation of the grant program
24 and made available to the Secretary, academic
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1 and nonprofit organizations for research pur-
2 poses; and
3 ‘‘(B) plan to use agency personnel to im-
4 plement the pilot program.
5 ‘‘(3) APPLICATION CRITERIA.—To be eligible to
6 participate in the grant program, an eligible recipi-
7 ent shall submit to the Secretary an application con-
8 taining such information as the Secretary may re-
9 quire, including information on—
10 ‘‘(A) locations the eligible entity intends to
11 allow a stop at, if stops are limited, including—
12 ‘‘(i) childcare or education facilities;
13 ‘‘(ii) pharmacies;
14 ‘‘(iii) grocery stores; and
15 ‘‘(iv) bank or ATM locations;
16 ‘‘(B) methodology for informing the public
17 of the grant program;
18 ‘‘(C) vehicles, personnel, and other re-
19 sources that will be used to implement the
20 grant program;
21 ‘‘(D) if the applicant does not intend the
22 grant program to apply to the full area under
23 the jurisdiction of the applicant, a description
24 of the geographic area in which the applicant
25 intends the grant program to apply; and
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1 ‘‘(E) the anticipated amount of increased
2 operating costs.
3 ‘‘(4) SELECTION.—The Secretary shall seek to
4 achieve diversity of participants in the grant pro-
5 gram by selecting a range of eligible entities that in-
6 cludes at least—
7 ‘‘(A) 5 eligible recipients that serve an
8 area with a population of 50,000 to 200,000;
9 ‘‘(B) 10 eligible recipients that serve an
10 area with a population of over 200,000; and
11 ‘‘(C) 5 eligible recipients that provide
12 transportation for rural communities.
13 ‘‘(5) DATA-SHARING CRITERIA.—An eligible re-
14 cipient in this subsection shall provide data as the
15 Secretary requires, including—
16 ‘‘(A) number of ADA paratransit trips
17 conducted each year;
18 ‘‘(B) requested time of each paratransit
19 trip;
20 ‘‘(C) scheduled time of each paratransit
21 trip;
22 ‘‘(D) actual pickup time for each para-
23 transit trip;
24 ‘‘(E) average length of a stop in the middle
25 of a ride as allowed by this subsection;
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1 ‘‘(F) any complaints received by a para-
2 transit rider;
3 ‘‘(G) rider satisfaction with paratransit
4 services; and
5 ‘‘(H) after the completion of the grant, an
6 assessment by the eligible recipient of its capac-
7 ity to continue a one-stop program independ-
8 ently.
9 ‘‘(6) REPORT.—
10 ‘‘(A) IN GENERAL.—The Secretary shall
11 make publicly available an annual report on the
12 program carried out under this subsection for
13 each fiscal year, not later than December 31 of
14 the calendar year in which such fiscal year
15 ends.
16 ‘‘(B) CONTENTS.—The report required
17 under subparagraph (A) shall include a detailed
18 description of the activities carried out under
19 the program, and an evaluation of the program,
20 including an evaluation of the data shared by
21 eligible recipients under paragraph (5).’’.
22 Subtitle C—Buy America and
23 Other Procurement Reforms
24 SEC. 2301. BUY AMERICA.
25 (a) BUY AMERICA.—
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1 (1) IN GENERAL.—Chapter 53 of title 49,
2 United States Code, is amended by inserting before
3 section 5321 the following:
4 ‘‘§ 5320. Buy America
5 ‘‘(a) IN GENERAL.—The Secretary may obligate an
6 amount that may be appropriated to carry out this chapter
7 for a project only if the steel, iron, and manufactured
8 goods used in the project are produced in the United
9 States.
10 ‘‘(b) WAIVER.—The Secretary may waive subsection
11 (a) if the Secretary finds that—
12 ‘‘(1) applying subsection (a) would be incon-
13 sistent with the public interest;
14 ‘‘(2) the steel, iron, and goods produced in the
15 United States are not produced in a sufficient and
16 reasonably available amount or are not of a satisfac-
17 tory quality;
18 ‘‘(3) when procuring rolling stock (including
19 train control, communication, traction power equip-
20 ment, and rolling stock prototypes) under this chap-
21 ter—
22 ‘‘(A) the cost of components and sub-
23 components produced in the United States is
24 more than 70 percent of the cost of all compo-
25 nents of the rolling stock; and
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1 ‘‘(B) final assembly of the rolling stock has
2 occurred in the United States; or
3 ‘‘(4) including domestic material will increase
4 the cost of the overall project by more than 25 per-
5 cent.
6 ‘‘(c) WRITTEN WAIVER DETERMINATION AND AN-
7 NUAL REPORT.—
8 ‘‘(1) WAIVER PROCEDURE.—Not later than 120
9 days after the submission of a request for a waiver,
10 the Secretary shall make a determination under sub-
11 section (b)(1), (b)(2), or (b)(4) as to whether to
12 waive subsection (a).
13 ‘‘(2) PUBLIC NOTIFICATION AND COMMENT.—
14 ‘‘(A) IN GENERAL.—Not later than 30
15 days before making a determination regarding a
16 waiver described in paragraph (1), the Sec-
17 retary shall provide notification and an oppor-
18 tunity for public comment on the request for
19 such waiver.
20 ‘‘(B) NOTIFICATION REQUIREMENTS.—The
21 notification required under subparagraph (A)
22 shall—
23 ‘‘(i) describe whether the application
24 is being made for a waiver described in
25 subsection (b)(1), (b)(2) or (b)(4); and
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1 ‘‘(ii) be provided to the public by elec-
2 tronic means, including on the public
3 website of the Department of Transpor-
4 tation.
5 ‘‘(3) DETERMINATION.—Before a determination
6 described in paragraph (1) takes effect, the Sec-
7 retary shall publish a detailed justification for such
8 determination that addresses all public comments re-
9 ceived under paragraph (2)—
10 ‘‘(A) on the public website of the Depart-
11 ment of Transportation; and
12 ‘‘(B) if the Secretary issues a waiver with
13 respect to such determination, in the Federal
14 Register.
15 ‘‘(4) ANNUAL REPORT.—Annually, the Sec-
16 retary shall submit to the Committee on Banking,
17 Housing, and Urban Affairs of the Senate and the
18 Committee on Transportation and Infrastructure of
19 the House of Representatives a report listing any
20 waiver issued under paragraph (1) during the pre-
21 ceding year.
22 ‘‘(d) ROLLING STOCK WAIVER CONDITIONS.—
23 ‘‘(1) LABOR COSTS FOR FINAL ASSEMBLY.—In
24 this section, highly skilled labor costs involved in
25 final assembly shall be included as a separate com-
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1 ponent in the cost of components and subcompo-
2 nents under subsection (b)(3)(A).
3 ‘‘(2) HIGH DOMESTIC CONTENT COMPONENT
4 BONUS.—In this section, in calculating the domestic
5 content of the rolling stock under subsection (b)(3),
6 the percent, rounded to the nearest whole number,
7 of the domestic content in components of such roll-
8 ing stock, weighted by cost, shall be used in calcu-
9 lating the domestic content of the rolling stock, ex-
10 cept—
11 ‘‘(A) with respect to components that ex-
12 ceed—
13 ‘‘(i) 70 percent domestic content, the
14 Secretary shall add 10 additional percent
15 to the component’s domestic content when
16 calculating the domestic content of the
17 rolling stock; and
18 ‘‘(ii) 75 percent domestic content, the
19 Secretary shall add 15 additional percent
20 to the component’s domestic content when
21 calculating the domestic content of the
22 rolling stock; and
23 ‘‘(B) in no case may a component exceed
24 100 domestic content when calculating the do-
25 mestic content of the rolling stock.
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1 ‘‘(3) ROLLING STOCK FRAMES OR CAR
2 SHELLS.—
3 ‘‘(A) INCLUSION OF COSTS.—Subject to
4 the substantiation requirement of subparagraph
5 (B), in carrying out, in calculating the cost of
6 the domestic content of the rolling stock under
7 subsection (b)(3), in the case of a rolling stock
8 procurement receiving assistance under this
9 chapter in which the average cost of a rolling
10 stock vehicle in the procurement is more than
11 $300,000, if rolling stock frames or car shells
12 are not produced in the United States, the Sec-
13 retary shall include in the calculation of the do-
14 mestic content of the rolling stock the cost of
15 the steel or iron that is produced in the United
16 States and used in the rolling stock frames or
17 car shells.
18 ‘‘(B) SUBSTANTIATION.—If a rolling stock
19 vehicle manufacturer wishes to include in the
20 calculation of the vehicle’s domestic content the
21 cost of steel or iron produced in the United
22 States and used in the rolling stock frames and
23 car shells that are not produced in the United
24 States, the manufacturer shall maintain and
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1 provide upon request a mill certification that
2 substantiates the origin of the steel or iron.
3 ‘‘(4) TREATMENT OF WAIVED COMPONENTS
4 AND SUBCOMPONENTS.—In this section, a compo-
5 nent or subcomponent waived under subsection (b)
6 shall be excluded from any part of the calculation re-
7 quired under subsection (b)(3)(A).
8 ‘‘(5) ZERO-EMISSION VEHICLE DOMESTIC BAT-
9 TERY CELL INCENTIVE.—The Secretary shall pro-
10 vide an additional 2.5 percent of domestic content to
11 the total rolling stock domestic content percentage
12 calculated under this section for any zero-emission
13 vehicle that uses only battery cells for propulsion
14 that are manufactured domestically.
15 ‘‘(6) PROHIBITION ON DOUBLE COUNTING.—
16 ‘‘(A) IN GENERAL.—No labor costs in-
17 cluded in the cost of a component or subcompo-
18 nent by the manufacturer of rolling stock may
19 be treated as rolling stock assembly costs for
20 purposes of calculating domestic content.
21 ‘‘(B) VIOLATION.—A violation of this para-
22 graph shall be treated as a false claim under
23 subchapter III of chapter 37 of title 31.
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1 ‘‘(7) DEFINITION OF HIGHLY SKILLED LABOR
2 COSTS.—In this subsection, the term ‘highly skilled
3 labor costs’—
4 ‘‘(A) means the apportioned value of direct
5 wage compensation associated with final assem-
6 bly activities of workers directly employed by a
7 rolling stock original equipment manufacturer
8 and directly associated with the final assembly
9 activities of a rolling stock vehicle that advance
10 the value or improve the condition of the end
11 product;
12 ‘‘(B) does not include any temporary or in-
13 direct activities or those hired via a third-party
14 contractor or subcontractor;
15 ‘‘(C) are limited to metalworking, fabrica-
16 tion, welding, electrical, engineering, and other
17 technical activities requiring training;
18 ‘‘(D) are not otherwise associated with ac-
19 tivities required under section 661.11 of title
20 49, Code of Federal Regulations; and
21 ‘‘(E) includes only activities performed in
22 the United States and does not include that of
23 foreign nationals providing assistance at a
24 United States manufacturing facility.
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1 ‘‘(e) CERTIFICATION OF DOMESTIC SUPPLY AND
2 DISCLOSURE.—
3 ‘‘(1) CERTIFICATION OF DOMESTIC SUPPLY.—If
4 the Secretary denies an application for a waiver
5 under subsection (b), the Secretary shall provide to
6 the applicant a written certification that—
7 ‘‘(A) the steel, iron, or manufactured
8 goods, as applicable, (referred to in this para-
9 graph as the ‘item’) is produced in the United
10 States in a sufficient and reasonably available
11 amount;
12 ‘‘(B) the item produced in the United
13 States is of a satisfactory quality; and
14 ‘‘(C) includes a list of known manufactur-
15 ers in the United States from which the item
16 can be obtained.
17 ‘‘(2) DISCLOSURE.—The Secretary shall dis-
18 close the waiver denial and the written certification
19 to the public in an easily identifiable location on the
20 website of the Department of Transportation.
21 ‘‘(f) WAIVER PROHIBITED.—The Secretary may not
22 make a waiver under subsection (b) for goods produced
23 in a foreign country if the Secretary, in consultation with
24 the United States Trade Representative, decides that the
25 government of that foreign country—
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1 ‘‘(1) has an agreement with the United States
2 Government under which the Secretary has waived
3 the requirement of this section; and
4 ‘‘(2) has violated the agreement by discrimi-
5 nating against goods to which this section applies
6 that are produced in the United States and to which
7 the agreement applies.
8 ‘‘(g) PENALTY FOR MISLABELING AND MISREPRE-
9 SENTATION.—A person is ineligible under subpart 9.4 of
10 the Federal Acquisition Regulation, or any successor
11 thereto, to receive a contract or subcontract made with
12 amounts authorized under title II of the INVEST in
13 America Act if a court or department, agency, or instru-
14 mentality of the Government decides the person inten-
15 tionally—
16 ‘‘(1) affixed a ‘Made in America’ label, or a
17 label with an inscription having the same meaning,
18 to goods sold in or shipped to the United States that
19 are used in a project to which this section applies
20 but not produced in the United States; or
21 ‘‘(2) represented that goods described in para-
22 graph (1) were produced in the United States.
23 ‘‘(h) STATE REQUIREMENTS.—The Secretary may
24 not impose any limitation on assistance provided under
25 this chapter that restricts a State from imposing more
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1 stringent requirements than this subsection on the use of
2 articles, materials, and supplies mined, produced, or man-
3 ufactured in foreign countries in projects carried out with
4 that assistance or restricts a recipient of that assistance
5 from complying with those State-imposed requirements.
6 ‘‘(i) OPPORTUNITY TO CORRECT INADVERTENT
7 ERROR.—The Secretary may allow a manufacturer or
8 supplier of steel, iron, or manufactured goods to correct
9 after bid opening any certification of noncompliance or
10 failure to properly complete the certification (but not in-
11 cluding failure to sign the certification) under this sub-
12 section if such manufacturer or supplier attests under pen-
13 alty of perjury that such manufacturer or supplier sub-
14 mitted an incorrect certification as a result of an inad-
15 vertent or clerical error. The burden of establishing inad-
16 vertent or clerical error is on the manufacturer or supplier.
17 ‘‘(j) ADMINISTRATIVE REVIEW.—A party adversely
18 affected by an agency action under this subsection shall
19 have the right to seek review under section 702 of title
20 5.
21 ‘‘(k) STEEL AND IRON.—For purposes of this section,
22 steel and iron meeting the requirements of section
23 661.5(b) of title 49, Code of Federal Regulations, may be
24 considered produced in the United States.
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1 ‘‘(l) DEFINITION OF SMALL PURCHASE.—For pur-
2 poses of determining whether a purchase qualifies for a
3 general public interest waiver under subsection (b)(1), in-
4 cluding under any regulation promulgated under such sub-
5 section, the term ‘small purchase’ means a purchase of
6 not more than $150,000.
7 ‘‘(m) PREAWARD AND POSTDELIVERY REVIEW OF
8 ROLLING STOCK PURCHASES.—
9 ‘‘(1) IN GENERAL.—The Secretary shall pre-
10 scribe regulations requiring a preaward and
11 postdelivery certification of a rolling stock vehicle
12 that meets the requirements of this section and Gov-
13 ernment motor vehicle safety requirements to be eli-
14 gible for a grant under this chapter. For compliance
15 with this section—
16 ‘‘(A) Federal inspections and review are
17 required;
18 ‘‘(B) a manufacturer certification is not
19 sufficient; and
20 ‘‘(C) a rolling stock vehicle that has been
21 certified by the Secretary remains certified until
22 the manufacturer makes a material change to
23 the vehicle, or adjusts the cost of all compo-
24 nents of the rolling stock, that reduces, by more
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1 than half, the percentage of domestic content
2 above 70 percent.
3 ‘‘(2) CERTIFICATION OF PERCENTAGE.—The
4 Secretary may, at the request of a component or
5 subcomponent manufacturer, certify the percentage
6 of domestic content and place of manufacturing for
7 a component or subcomponent.
8 ‘‘(3) FREEDOM OF INFORMATION ACT.—In car-
9 rying out this subsection, the Secretary shall consist-
10 ently apply the provisions of section 552 of title 5,
11 including 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.
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1 ‘‘(o) BUY AMERICA CONFORMITY.—The Secretary
2 shall ensure that all Federal funds for new commuter rail
3 projects shall comply with this section and shall not be
4 subject to section 22905(a).
5 ‘‘(p) AUDITS AND REPORTING OF WASTE, FRAUD,
6 AND ABUSE.—
7 ‘‘(1) IN GENERAL.—The Inspector General of
8 the Department of Transportation shall conduct an
9 annual audit on certifications under subsection (m)
10 regarding compliance with Buy America.
11 ‘‘(2) REPORT FRAUD, WASTE, AND ABUSE.—
12 The Secretary shall display a ‘Report Fraud, Waste,
13 and Abuse’ button and link to Department of Trans-
14 portation’s Office of Inspector General Hotline on
15 the Federal Transit Administration’s Buy America
16 landing page.
17 ‘‘(3) CONTRACT REQUIREMENT.—The Secretary
18 shall require all recipients who enter into contracts
19 to purchase rolling stock with funds provided under
20 this chapter to include in such contract information
21 on how to contact the Department of Transpor-
22 tation’s Office of Inspector General Hotline to report
23 suspicions of fraud, waste, and abuse.
24 ‘‘(q) PASSENGER MOTOR VEHICLES.—
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1 ‘‘(1) IN GENERAL.—Any domestically manufac-
2 tured passenger motor vehicle shall be considered to
3 be produced in the United States under this section.
4 ‘‘(2) DOMESTICALLY MANUFACTURED PAS-
5 SENGER MOTOR VEHICLE.—In this subsection, the
6 term ‘domestically manufactured passenger motor
7 vehicle’ means any passenger motor vehicle, as such
8 term is defined in section 32304(a) that—
9 ‘‘(A) has under section 32304(b)(1)(B) its
10 final assembly place in the United States; and
11 ‘‘(B) the percentage (by value) of pas-
12 senger motor equipment under section
13 32304(b)(1)(A) equals or exceeds 60 percent
14 value added.
15 ‘‘(r) ROLLING STOCK COMPONENTS AND SUBCOMPO-
16 NENTS.—No component or subcomponent of rolling stock
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 operations 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 iff Schedule of the United States from another chapter
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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 Buy America provisions set forth in this section
18 when procuring rolling 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:
‘‘5320. Buy America.’’.
23 (3) CONFORMING AMENDMENTS.—
24 (A) TECHNICAL ASSISTANCE AND WORK-
25 FORCE DEVELOPMENT.—Section 5314(a)(2)(G)
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1 of title 49, United States Code, is amended by
2 striking ‘‘sections 5323(j) and 5323(m)’’ and
3 inserting ‘‘section 5320’’.
4 (B) URBANIZED AREA FORMULA
5 GRANTS.—Section 5307(c)(1)(E) of title 49,
6 United States Code, is amended by inserting ‘‘,
7 5320,’’ after ‘‘5323’’.
8 (C) INNOVATIVE PROCUREMENT.—Section
9 3019(c)(2)(E)(ii) of the FAST Act (49 U.S.C.
10 5325 note) is amended by striking ‘‘5323(j)’’
11 and inserting ‘‘5320’’.
12 (b) BUS ROLLING STOCK.—Not later than 18
13 months after the date of enactment of this Act, the Sec-
14 retary of Transportation shall issue such regulations as
15 are necessary to revise Appendix B and Appendix D of
16 section 661.11 of title 49, Code of Federal Regulations,
17 with respect to bus rolling stock to maximize job creation
18 and align such section with modern manufacturing tech-
19 niques.
20 (c) RAIL ROLLING STOCK.—Not later than 30
21 months after the date of enactment of this Act, the Sec-
22 retary shall issue such regulations as are necessary to re-
23 vise subsections (t), (u), and (v) of section 661.11 of title
24 49, Code of Federal Regulations, with respect to rail roll-
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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 (C) Notwithstanding subparagraph (A),
25 section 5320(m) shall apply to contracts for the
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1 procurement of rail rolling stock beginning on
2 the earlier of—
3 (i) 180 days after the date on which
4 final regulations are issued pursuant to
5 subsection (c); or
6 (ii) the date that is 2 years after the
7 date of enactment of this Act.
8 (D) Section 5320(p)(1) shall apply on the
9 date that is 1 year after the latest of the appli-
10 cation dates described in subparagraphs (A)
11 through (C).
12 (3) SPECIAL RULE FOR CERTAIN CONTRACTS.—
13 For any contract described in paragraph (1) for
14 which the delivery for the first production vehicle oc-
15 curs before October 1, 2024, paragraphs (1) and (4)
16 of section 5320(d) shall not apply.
17 (4) SPECIAL RULE FOR BATTERY CELL INCEN-
18 TIVES.—For any contract described in paragraph
19 (1) for which the delivery for the first production ve-
20 hicle occurs before October 1, 2022, section
21 5320(d)(5) shall not apply.
22 (e) SPECIAL RULE FOR DOMESTIC CONTENT.—For
23 the calculation of the percent of domestic content cal-
24 culated under section 5320(d)(2) for a contract for rolling
25 stock entered into on or after October 1, 2020—
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1 (1) if the delivery of the first production vehicle
2 occurs in fiscal year 2022 or fiscal year 2023, for
3 components that exceed 70 percent domestic con-
4 tent, the Secretary shall add 20 additional percent
5 to the component’s domestic content; and
6 (2) if the delivery of the first production vehicle
7 occurs in fiscal year 2024 or fiscal year 2025—
8 (A) for components that exceed 70 percent
9 but do not exceed 75 percent domestic content,
10 the Secretary shall add 15 additional percent to
11 the component’s domestic content; or
12 (B) for components that exceed 75 percent
13 domestic content, the Secretary shall add 20
14 additional percent to the component’s domestic
15 content.
16 SEC. 2302. BUS PROCUREMENT STREAMLINING.
17 Section 5323 of title 49, United States Code, as is
18 amended by adding at the end the following:
19 ‘‘(x) BUS PROCUREMENT STREAMLINING.—
20 ‘‘(1) IN GENERAL.—The Secretary may only ob-
21 ligate amounts for acquisition of buses under this
22 chapter to a recipient that issues a request for pro-
23 posals for an open market procurement that meets
24 the following criteria:
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1 ‘‘(A) Such request for proposals is limited
2 to performance specifications, except for compo-
3 nents or subcomponents identified in the nego-
4 tiated rulemaking carried out pursuant to this
5 subsection.
6 ‘‘(B) Such request for proposals does not
7 seek any alternative design or manufacture
8 specification of a bus offered by a manufac-
9 turer, except to require a component or sub-
10 component identified in the negotiated rule-
11 making carried out pursuant to this subsection.
12 ‘‘(2) SPECIFIC BUS COMPONENT NEGOTIATED
13 RULEMAKING.—
14 ‘‘(A) INITIATION.—Not later than 120
15 days after the date of enactment of the IN-
16 VEST in America Act, the Secretary shall ini-
17 tiate procedures under subchapter III of chap-
18 ter 5 of title 5 to negotiate and issue such regu-
19 lations as are necessary to establish as limited
20 a list as is practicable of bus components and
21 subcomponents described in subparagraph (B).
22 ‘‘(B) LIST OF COMPONENTS.—The regula-
23 tions required under subparagraph (A) shall es-
24 tablish a list of bus components and subcompo-
25 nents that may be specified in a request for
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1 proposals described in paragraph (1) by a re-
2 cipient. The Secretary shall ensure the list is
3 limited in scope and limited to only components
4 and subcomponents that cannot be selected with
5 performance specifications to ensure interoper-
6 ability.
7 ‘‘(C) PUBLICATION OF PROPOSED REGULA-
8 TIONS.—Proposed regulations to implement this
9 section shall be published in the Federal Reg-
10 ister by the Secretary not later than 18 months
11 after such date of enactment.
12 ‘‘(D) COMMITTEE.—A negotiated rule-
13 making committee established pursuant to sec-
14 tion 565 of title 5 to carry out this paragraph
15 shall have a maximum of 11 members limited
16 to representatives of the Department of Trans-
17 portation, urban and rural recipients (including
18 State government recipients), and transit vehi-
19 cle manufacturers.
20 ‘‘(E) EXTENSION OF DEADLINES.—A
21 deadline set forth in subparagraph (C) may be
22 extended up to 180 days if the negotiated rule-
23 making committee referred to in subparagraph
24 (D) concludes that the committee cannot meet
25 the deadline and the Secretary so notifies the
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1 Committee on Transportation and Infrastruc-
2 ture of the House of Representatives and the
3 Committee on Banking, Housing, and Urban
4 Affairs of the Senate.
5 ‘‘(3) SAVINGS CLAUSE.—Nothing in this section
6 shall be construed to provide additional authority for
7 the Secretary to restrict what a bus manufacturer
8 offers to sell to a public transportation agency.’’.
9 SEC. 2303. BUS TESTING FACILITY.
10 Section 5318 of title 49, United States Code, is
11 amended by adding at the end the following:
12 ‘‘(f) TESTING SCHEDULE.—The Secretary shall—
13 ‘‘(1) determine eligibility of a bus manufactur-
14 er’s request for testing within 10 business days;
15 ‘‘(2) make publicly available the current backlog
16 (in months) to begin testing a new bus at the bus
17 testing facility; and
18 ‘‘(3) designate The Ohio State University as the
19 autonomous and advanced driver-assistance systems
20 test development facility for all bus testing with au-
21 tonomous or advanced driver-assistance systems
22 technology and The Ohio State University will also
23 serve as the over-flow new model bus testing facility
24 to Altoona.’’.
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1 SEC. 2304. REPAYMENT REQUIREMENT.
2 (a) IN GENERAL.—A transit agency shall repay into
3 the general fund of the Treasury all funds received from
4 the Federal Transit Administration under the heading
5 ‘‘Federal Transit Administration, Transit Infrastructure
6 Grants’’ under the CARES Act (Public Law 116–136) if
7 any portion of the funding was used to award a contract
8 or subcontract to an entity for the procurement of rolling
9 stock for use in public transportation if the manufacturer
10 of the rolling stock—
11 (1) is incorporated in or has manufacturing fa-
12 cilities in the United States; and
13 (2) is owned or controlled by, is a subsidiary of,
14 or is otherwise related legally or financially to a cor-
15 poration based in a country that—
16 (A) is identified as a nonmarket economy
17 country (as defined in section 771(18) of the
18 Tariff Act of 1930 (19 U.S.C. 1677(18))) as of
19 the date of enactment of this subsection;
20 (B) was identified by the United States
21 Trade Representative in the most recent report
22 required by section 182 of the Trade Act of
23 1974 (19 U.S.C. 2242) as a priority foreign
24 country under subsection (a)(2) of that section;
25 and
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1 (C) is subject to monitoring by the Trade
2 Representative under section 306 of the Trade
3 Act of 1974 (19 U.S.C. 2416).
4 (b) CERTIFICATION.—Not later than 60 days after
5 the date of enactment of this section, a transit agency that
6 received funds pursuant to the CARES Act (Public Law
7 116–136) shall certify that the agency has not and shall
8 not use such funds to purchase rolling stock described in
9 subsection (a). Repayment shall also be required for any
10 such agency that fails to certify in accordance with the
11 preceding sentence.
12 SEC. 2305. DEFINITION OF URBANIZED AREAS FOLLOWING
13 A MAJOR DISASTER.
14 (a) IN GENERAL.—Section 5323 of title 49, United
15 States Code, is amended by adding at the end the fol-
16 lowing:
17 ‘‘(y) URBANIZED AREAS FOLLOWING A MAJOR DIS-
18 ASTER.—
19 ‘‘(1) DEFINED TERM.—In this subsection, the
20 term ‘decennial census date’ has the meaning given
21 the term in section 141(a) of title 13.
22 ‘‘(2) URBANIZED AREA MAJOR DISASTER POPU-
23 LATION CRITERIA.—Notwithstanding section 5302,
24 for purposes of this chapter, the Secretary shall
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1 treat an area as an urbanized area for the period de-
2 scribed in paragraph (3) if—
3 ‘‘(A) a major disaster was declared by the
4 President under section 401 of the Robert T.
5 Stafford Disaster Relief and Emergency Assist-
6 ance Act (42 U.S.C. 5170) for the area during
7 the 3-year period preceding the decennial cen-
8 sus date for the 2010 decennial census or for
9 any subsequent decennial census;
10 ‘‘(B) the area was defined and designated
11 as an ‘urbanized area’ by the Secretary of Com-
12 merce in the decennial census immediately pre-
13 ceding the major disaster described in subpara-
14 graph (A); and
15 ‘‘(C) the population of the area fell below
16 50,000 as a result of the major disaster de-
17 scribed in subparagraph (A).
18 ‘‘(3) COVERED PERIOD.—The Secretary shall
19 treat an area as an urbanized area under paragraph
20 (2) during the period—
21 ‘‘(A) beginning on—
22 ‘‘(i) in the case of a major disaster de-
23 scribed in paragraph (2)(A) that occurred
24 during the 3-year period preceding the de-
25 cennial census date for the 2010 decennial
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1 census, October 1 of the first fiscal year
2 that begins after the date of enactment of
3 this subsection; or
4 ‘‘(ii) in the case of any other major
5 disaster described in paragraph (2)(A), Oc-
6 tober 1 of the first fiscal year—
7 ‘‘(I) that begins after the decen-
8 nial census date for the first decennial
9 census conducted after the major dis-
10 aster; and
11 ‘‘(II) for which the Secretary has
12 sufficient data from that census to de-
13 termine that the area qualifies for
14 treatment as an urbanized area under
15 paragraph (2); and
16 ‘‘(B) ending on the day before the first fis-
17 cal year—
18 ‘‘(i) that begins after the decennial
19 census date for the second decennial cen-
20 sus conducted after the major disaster de-
21 scribed in paragraph (2)(A); and
22 ‘‘(ii) for which the Secretary has suffi-
23 cient data from that census to determine
24 which areas are urbanized areas for pur-
25 poses of this chapter.
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1 ‘‘(4) POPULATION CALCULATION.—An area
2 treated as an urbanized area under this subsection
3 shall be assigned the population and square miles of
4 the urbanized area designated by the Secretary of
5 Commerce in the most recent decennial census con-
6 ducted before the major disaster described in para-
7 graph (2)(A).
8 ‘‘(5) SAVINGS PROVISION.—Nothing in this sub-
9 section may be construed to affect apportionments
10 made under this chapter before the date of enact-
11 ment of this subsection.’’.
12 (b) AMENDMENT TAKES EFFECT ON ENACTMENT.—
13 Notwithstanding section 1001, the amendment made by
14 subsection (a) shall take effect on the date of enactment
15 of this Act.
16 SEC. 2306. SPECIAL RULE FOR CERTAIN ROLLING STOCK
17 PROCUREMENTS.
18 (a) CERTIFICATION.—Section 5323(u)(4) of title 49,
19 United States Code, is amended—
20 (1) in the heading of subparagraph (A) by
21 striking ‘‘RAIL’’; and
22 (2) by adding at the end the following:
23 ‘‘(C) NONRAIL ROLLING STOCK.—Notwith-
24 standing subparagraph (B) of paragraph (5), as
25 a condition of financial assistance made avail-
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1 able in a fiscal year under section 5339, a re-
2 cipient shall certify in that fiscal year that the
3 recipient will not award any contract or sub-
4 contract for the procurement of rolling stock for
5 use in public transportation with a rolling stock
6 manufacturer described in paragraph (1).’’.
7 (b) SPECIAL RULE.—Section 5323(u)(5)(A) of title
8 49, United States Code, (as redesignated by this Act) is
9 amended by striking ‘‘made by a public transportation
10 agency with a rail rolling stock manufacturer described in
11 paragraph (1)’’ and inserting ‘‘as of December 20, 2019,
12 including options and other requirements tied to these
13 contracts or subcontracts, made by a public transportation
14 agency with a restricted rail rolling stock manufacturer’’.
15 SEC. 2307. CERTIFICATION REQUIREMENTS.
16 (a) LIMITATION OF TREATMENT OF DOMESTIC OR
17 U.S. ORIGIN.—Notwithstanding any other provision of
18 any law or any rule, regulation, or policy of the Adminis-
19 tration, including part 661 of title 49, Code of Federal
20 Regulations, no article, material, or supply, shall be treat-
21 ed as a component of ‘‘U.S. origin’’ for purposes of section
22 661.5 of title 49, Code of Federal Regulations, or a com-
23 ponent or subcomponent of domestic origin for purposes
24 of section 661.11 of title 49, Code of Federal Regulations,
25 if—
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1 (1) it contains any material inputs manufac-
2 tured or supplied by entities that—
3 (A) are subject to relief authorized under
4 the fair trade laws of the United States, includ-
5 ing subtitle B of title VII of the Tariff Act of
6 1930 (19 U.S.C. 1673 et seq.) and subtitle A
7 of title VII of the Tariff Act of 1930 (19
8 U.S.C. 1671 et seq.);
9 (B) are owned or controlled by entities
10 subject to United States sanctions; or
11 (C) are entities owned by a foreign govern-
12 ment, closely linked to or in partnership with a
13 foreign government or whose directors or orga-
14 nizational and board leadership include any per-
15 son serving in any capacity in the defense appa-
16 ratus of another nation;
17 (2) it contains or uses covered telecommuni-
18 cations equipment or services as that term is defined
19 by section 889 of the John S. McCain National De-
20 fense Authorization Act for Fiscal Year 2019 (Pub-
21 lic Law 115–232); or
22 (3) it is of a class or category of products and
23 was produced by a manufacturer or an affiliate of
24 such a manufacturer found to have violated United
25 States intellectual property laws, including trade se-
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1 cret theft under section 1832(a)(5) of title 18,
2 United States Code, found to have committed eco-
3 nomic espionage under section 183J(a)(5) of such
4 title, or deemed to have infringed the intellectual
5 property rights of any person in the United States.
6 (b) CERTIFICATION.—If buses or other rolling stock
7 are being procured, the Administrator of the Federal
8 Transit Administration shall require as a condition of re-
9 sponsiveness that each bidder certify that no component,
10 subcomponent, article, material, or supply described in
11 subparagraphs (A) through (C) of subsection (a)(1) of this
12 section is incorporated in or used by the rolling stock that
13 is offered by the bidder.
14 SEC. 2308. SPARE RATIO WAIVER.
15 Section 5323 of title 49, United States Code, is fur-
16 ther amended by adding at the end the following:
17 ‘‘(z) SPARE RATIO WAIVER.—The Federal Transit
18 Administration shall waive spare ratio policies for rolling
19 stock found in FTA Grant Management Requirements
20 Circular 5010.1, FTA Circular 9030.1 providing Urban-
21 ized Area Formula Program guidance, and other guidance
22 documents for 2 years from the date of enactment of this
23 Act.’’.
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1 Subtitle D—Bus Grant Reforms
2 SEC. 2401. FORMULA GRANTS FOR BUSES.
3 Section 5339(a) of title 49, United States Code, is
4 amended—
5 (1) in paragraph (1)—
6 (A) by inserting ‘‘and subsection (d)’’ after
7 ‘‘In this subsection’’;
8 (B) in subparagraph (A) by striking ‘‘term
9 ‘low or no emission vehicle’ has’’ and inserting
10 ‘‘term ‘zero emission vehicle’ has’’;
11 (C) in subparagraph (B) by inserting ‘‘and
12 the District of Columbia’’ after ‘‘United
13 States’’; and
14 (D) in subparagraph (C) by striking ‘‘the
15 District of Columbia,’’;
16 (2) in paragraph (2)(A) by striking ‘‘low or no
17 emission vehicles’’ and inserting ‘‘zero emission vehi-
18 cles’’;
19 (3) in paragraph (4)—
20 (A) in subparagraph (A) by inserting ‘‘and
21 subsection (d)’’ after ‘‘this subsection’’; and
22 (B) in subparagraph (B) by inserting ‘‘and
23 subsection (d)’’ after ‘‘this subsection’’;
24 (4) in paragraph (5)(A)—
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1 (A) by striking ‘‘$90,500,000’’ and insert-
2 ing ‘‘$156,750,000’’;
3 (B) by striking ‘‘2016 through 2020’’ and
4 inserting ‘‘2022 through 2025’’;
5 (C) by striking ‘‘$1,750,000’’ and inserting
6 ‘‘$3,000,000’’; and
7 (D) by striking ‘‘$500,000’’ and inserting
8 ‘‘$750,000’’;
9 (5) in paragraph (7) by adding at the end the
10 following:
11 ‘‘(C) SPECIAL RULE FOR BUSES AND RE-
12 LATED EQUIPMENT FOR ZERO EMISSION VEHI-
13 CLES.—Notwithstanding subparagraph (A), a
14 grant for a capital project for buses and related
15 equipment for zero emission vehicles and hybrid
16 electric buses, that make meaningful reductions
17 in energy consumption and harmful emissions,
18 including direct carbon emissions, under this
19 subsection shall be for 90 percent of the net
20 capital costs of the project. A recipient of a
21 grant under this subsection may provide addi-
22 tional local matching amounts.’’;
23 (6) in paragraph (8) by striking ‘‘3 fiscal
24 years’’ and inserting ‘‘4 fiscal years’’ and by striking
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1 ‘‘3-fiscal-year period’’ and inserting ‘‘4-fiscal-year
2 period’’; and
3 (7) by striking paragraph (9).
4 SEC. 2402. BUS FACILITIES AND FLEET EXPANSION COM-
5 PETITIVE GRANTS.
6 Section 5339(b) of title 49, United States Code, is
7 amended—
8 (1) in the heading by striking ‘‘BUSES AND
9 BUS FACILITIES COMPETITIVE GRANTS’’ and insert-
10 ing ‘‘BUS FACILITIES AND FLEET EXPANSION COM-
11 PETITIVE GRANTS’’;
12 (2) in paragraph (1)—
13 (A) by striking ‘‘buses and’’;
14 (B) by inserting ‘‘and certain buses’’ after
15 ‘‘capital projects’’;
16 (C) in subparagraph (A) by striking
17 ‘‘buses or related equipment’’ and inserting
18 ‘‘bus-related facilities’’; and
19 (D) by striking subparagraph (B) and in-
20 serting the following:
21 ‘‘(B) purchasing or leasing buses that will
22 not replace buses in the applicant’s fleet at the
23 time of application and will be used to—
24 ‘‘(i) increase the frequency of bus
25 service; or
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1 ‘‘(ii) increase the service area of the
2 applicant.’’;
3 (3) by striking paragraph (2) and inserting the
4 following:
5 ‘‘(2) GRANT CONSIDERATIONS.—In making
6 grants—
7 ‘‘(A) under subparagraph (1)(A), the Sec-
8 retary shall only consider—
9 ‘‘(i) the age and condition of bus-re-
10 lated facilities of the applicant compared to
11 all applicants and proposed improvements
12 to the resilience (as such term is defined in
13 section 5302) of such facilities;
14 ‘‘(ii) for a facility within or partially
15 within the 100-year floodplain, whether
16 such facility will be at least 2 feet above
17 the base flood elevation; and
18 ‘‘(iii) for a bus station, the degree of
19 multi-modal connections at such station;
20 and
21 ‘‘(B) under paragraph (1)(B), the Sec-
22 retary shall consider the improvements to head-
23 way and projected new ridership.’’; and
24 (4) in paragraph (6) by striking subparagraph
25 (B) and inserting the following:
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1 ‘‘(B) GOVERNMENT SHARE OF COSTS.—
2 ‘‘(i) IN GENERAL.—The Government
3 share of the cost of an eligible project car-
4 ried out under this subsection shall not ex-
5 ceed 80 percent.
6 ‘‘(ii) SPECIAL RULE FOR BUSES AND
7 RELATED EQUIPMENT FOR ZERO EMISSION
8 VEHICLES.—Notwithstanding clause (i),
9 the Government share of the cost of an eli-
10 gible project for the financing of buses and
11 related equipment for zero emission vehi-
12 cles and hybrid electric buses, that make
13 meaningful reductions in energy consump-
14 tion and harmful emissions, including di-
15 rect carbon emissions, shall not exceed 90
16 percent.’’.
17 SEC. 2403. ZERO EMISSION BUS GRANTS.
18 (a) IN GENERAL.—Section 5339(c) of title 49,
19 United States Code, is amended—
20 (1) in the heading by striking ‘‘LOW OR NO
21 EMISSION GRANTS’’ and inserting ‘‘ZERO EMISSION
22 GRANTS’’;
23 (2) in paragraph (1)—
24 (A) in subparagraph (B)—
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1 (i) in clause (i) by striking ‘‘low or no
2 emission’’ and inserting ‘‘zero emission’’;
3 (ii) in clause (ii) by striking ‘‘low or
4 no emission’’ and inserting ‘‘zero emis-
5 sion’’;
6 (iii) in clause (iii) by striking ‘‘low or
7 no emission’’ and inserting ‘‘zero emis-
8 sion’’;
9 (iv) in clause (iv) by striking ‘‘facili-
10 ties and related equipment for low or no
11 emission’’ and inserting ‘‘related equip-
12 ment for zero emission’’;
13 (v) in clause (v) by striking ‘‘facilities
14 and related equipment for low or no emis-
15 sion vehicles;’’ and inserting ‘‘related
16 equipment for zero emission vehicles; or’’;
17 (vi) in clause (vii) by striking ‘‘low or
18 no emission’’ and inserting ‘‘zero emis-
19 sion’’;
20 (vii) by striking clause (vi); and
21 (viii) by redesignating clause (vii) as
22 clause (vi);
23 (B) by striking subparagraph (D) and in-
24 serting the following:
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1 ‘‘(D) the term ‘zero emission bus’ means a
2 bus that is a zero emission vehicle;’’;
3 (C) by striking subparagraph (E) and in-
4 serting the following:
5 ‘‘(E) the term ‘zero emission vehicle’
6 means a vehicle used to provide public transpor-
7 tation that produces no carbon dioxide or par-
8 ticulate matter;’’;
9 (D) in subparagraph (F) by striking ‘‘and’’
10 at the end;
11 (E) by striking subparagraph (G) and in-
12 serting the following:
13 ‘‘(G) the term ‘eligible area’ means an area
14 that is—
15 ‘‘(i) designated as a nonattainment
16 area for ozone or particulate matter under
17 section 107(d) of the Clean Air Act (42
18 U.S.C. 7407(d));
19 ‘‘(ii) a maintenance area, as such
20 term is defined in section 5303, for ozone
21 or particulate matter; or
22 ‘‘(iii) in a State that has enacted a
23 statewide zero emission bus transition re-
24 quirement, as determined by the Secretary;
25 and’’; and
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1 (F) by adding at the end the following:
2 ‘‘(H) the term ‘low-income community’
3 means any population census tract if—
4 ‘‘(i) the poverty rate for such tract is
5 at least 20 percent; or
6 ‘‘(ii) in the case of a tract—
7 ‘‘(I) not located within a metro-
8 politan area, the median family in-
9 come for such tract does not exceed
10 80 percent of statewide median family
11 income; or
12 ‘‘(II) located within a metropoli-
13 tan area, the median family income
14 for such tract does not exceed 80 per-
15 cent of the greater statewide median
16 family income or the metropolitan
17 area median family income.’’; and
18 (3) by striking paragraph (5) and inserting the
19 following:
20 ‘‘(5) GRANT ELIGIBILITY.—In awarding grants
21 under this subsection, the Secretary shall make
22 grants to eligible projects relating to the acquisition
23 or leasing of zero emission buses or bus facility im-
24 provements—
25 ‘‘(A) that procure—
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1 ‘‘(i) at least 10 zero emission buses;
2 ‘‘(ii) if the recipient operates less than
3 50 buses in peak service, at least 5 zero
4 emission buses; or
5 ‘‘(iii) hydrogen buses;
6 ‘‘(B) for which the recipient’s board of di-
7 rectors has approved a long-term integrated
8 fleet management plan that—
9 ‘‘(i) establishes a goal by a set date to
10 convert the entire bus fleet to zero emis-
11 sion buses; or
12 ‘‘(ii) establishes a goal that within 10
13 years from the date of approval of such
14 plan the recipient will convert a set per-
15 centage of the total bus fleet of such re-
16 cipient to zero emission buses; and
17 ‘‘(C) for which the recipient has performed
18 a fleet transition study that includes optimal
19 route planning and an analysis of how utility
20 rates may impact the recipient’s operations and
21 maintenance budget.
22 ‘‘(7) LOW AND MODERATE COMMUNITY
23 GRANTS.—Not less than 10 percent of the amounts
24 made available under this subsection in a fiscal year
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1 shall be distributed to projects serving predomi-
2 nantly low-income communities.’’.
3 (b) METROPOLITAN TRANSPORTATION PLANNING.—
4 Section 5303(b) of title 49, United States Code, is amend-
5 ed by adding at the end the following:
6 ‘‘(9) MAINTENANCE AREA.—The term ‘mainte-
7 nance area’ has the meaning given the term in sec-
8 tions 171(2) and 175A of the Clean Air Act (42
9 U.S.C. 7501(2); 7505a).’’.
10 SEC. 2404. RESTORATION TO STATE OF GOOD REPAIR FOR-
11 MULA SUBGRANT.
12 Section 5339 of title 49, United States Code, is
13 amended by adding at the end the following:
14 ‘‘(d) RESTORATION TO STATE OF GOOD REPAIR
15 FORMULA SUBGRANT.—
16 ‘‘(1) GENERAL AUTHORITY.—The Secretary
17 may make grants under this subsection to assist eli-
18 gible recipients and subrecipients described in para-
19 graph (2) in financing capital projects to replace, re-
20 habilitate, and purchase buses and related equip-
21 ment.
22 ‘‘(2) ELIGIBLE RECIPIENTS AND SUBRECIPI-
23 ENTS.—Not later than September 1 annually, the
24 Secretary shall make public a list of eligible recipi-
25 ents and subrecipients based on the most recent
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1 data available in the National Transit Database to
2 calculate the 20 percent of eligible recipients and
3 subrecipients with the highest percentage of asset
4 vehicle miles for buses beyond the useful life bench-
5 mark established by the Federal Transit Administra-
6 tion.
7 ‘‘(3) URBAN APPORTIONMENTS.—Funds allo-
8 cated under section 5338(a)(2)(L)(ii) shall be—
9 ‘‘(A) distributed to—
10 ‘‘(i) designated recipients in an urban-
11 ized area with a population of more than
12 200,000 made eligible by paragraph (1);
13 and
14 ‘‘(ii) States based on subrecipients
15 made eligible by paragraph (1) in an ur-
16 banized area under 200,000; and
17 ‘‘(B) allocated pursuant to the formula set
18 forth in section 5336 other than subsection (b),
19 using the data from the 20 percent of eligible
20 recipients and subrecipients.
21 ‘‘(4) RURAL ALLOCATION.—The Secretary
22 shall—
23 ‘‘(A) calculate the percentage of funds
24 under section 5338(a)(2)(L)(ii) to allocate to
25 rural subrecipients by dividing—
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1 ‘‘(i) the asset vehicle miles for buses
2 beyond the useful life benchmark (estab-
3 lished by the Federal Transit Administra-
4 tion) of the rural subrecipients described in
5 paragraph (2); by
6 ‘‘(ii) the total asset vehicle miles for
7 buses beyond such benchmark of all eligi-
8 ble recipients and subrecipients described
9 in paragraph (2); and
10 ‘‘(B) prior to the allocation described in
11 paragraph (3)(B), apportion to each State the
12 amount of the total rural allocation calculated
13 under subparagraph (A) attributable to such
14 State based the proportion that—
15 ‘‘(i) the asset vehicle miles for buses
16 beyond the useful life benchmark (estab-
17 lished by the Federal Transit Administra-
18 tion) for rural subrecipients described in
19 paragraph (2) in such State; bears to
20 ‘‘(ii) the total asset vehicle miles de-
21 scribed in subparagraph (A)(i).
22 ‘‘(5) APPLICATION OF OTHER PROVISIONS.—
23 Paragraphs (3), (7), and (8) of subsection (a) shall
24 apply to eligible recipients and subrecipients de-
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1 scribed in paragraph (2) of a grant under this sub-
2 section.
3 ‘‘(6) PROHIBITION.—No eligible recipient or
4 subrecipient outside the top 5 percent of asset vehi-
5 cle miles for buses beyond the useful life benchmark
6 established by the Federal Transit Administration
7 may receive a grant in both fiscal year 2022 and fis-
8 cal year 2023.
9 ‘‘(7) REQUIREMENT.—The Secretary shall re-
10 quire—
11 ‘‘(A) States to expend, to the benefit of the
12 subrecipients eligible under paragraph (2), the
13 apportioned funds attributed to such subrecipi-
14 ents; and
15 ‘‘(B) designated recipients to provide the
16 allocated funds to the recipients eligible under
17 paragraph (2) the apportioned funds attributed
18 to such recipients.’’.
19 Subtitle E—Supporting All Riders
20 SEC. 2501. LOW-INCOME URBAN FORMULA FUNDS.
21 Section 5336(j) of title 49, United States Code, is
22 amended—
23 (1) in paragraph (1) by striking ‘‘75 percent’’
24 and inserting ‘‘50 percent’’;
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1 (2) in paragraph (2) by striking ‘‘25 percent’’
2 and inserting ‘‘12.5 percent’’; and
3 (3) by adding at the end the following:
4 ‘‘(3) 30 percent of the funds shall be appor-
5 tioned among designated recipients for urbanized
6 areas with a population of 200,000 or more in the
7 ratio that—
8 ‘‘(A) the number of individuals in each
9 such urbanized area residing in an urban cen-
10 sus tract with a poverty rate of at least 20 per-
11 cent during the 5 years most recently ending;
12 bears to
13 ‘‘(B) the number of individuals in all such
14 urbanized areas residing in an urban census
15 tract with a poverty rate of at least 20 percent
16 during the 5 years most recently ending; and
17 ‘‘(4) 7.5 percent of the funds shall be appor-
18 tioned among designated recipients for urbanized
19 areas with a population less than 200,000 in the
20 ratio that—
21 ‘‘(A) the number of individuals in each
22 such urbanized area residing in an urban cen-
23 sus tract with a poverty rate of at least 20 per-
24 cent during the 5 years most recently ending;
25 bears to
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1 ‘‘(B) the number of individuals in all such
2 areas residing in an urban census tract with a
3 poverty rate of at least 20 percent during the
4 5 years most recently ending.’’.
5 SEC. 2502. RURAL PERSISTENT POVERTY FORMULA.
6 Section 5311 of title 49, United States Code, as
7 amended in section 2204, is further amended—
8 (1) in subsection (a) by adding at the end the
9 following:
10 ‘‘(3) PERSISTENT POVERTY COUNTY.—The
11 term ‘persistent poverty county’ means any county
12 with a poverty rate of at least 20 percent—
13 ‘‘(A) as determined in each of the 1990
14 and 2000 decennial censuses;
15 ‘‘(B) in the Small Area Income and Pov-
16 erty Estimates of the Bureau of the Census for
17 the most recent year for which the estimates
18 are available; and
19 ‘‘(C) has at least 25 percent of its popu-
20 lation in rural areas.’’;
21 (2) in subsection (b)(2)(C)(i) by inserting ‘‘and
22 persistent poverty counties’’ before the semicolon;
23 and
24 (3) in subsection (c) by striking paragraph (2)
25 and inserting the following:
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1 ‘‘(2) PERSISTENT POVERTY PUBLIC TRANSPOR-
2 TATION ASSISTANCE PROGRAM.—
3 ‘‘(A) IN GENERAL.—The Secretary shall
4 carry out a public transportation assistance
5 program for areas of persistent poverty.
6 ‘‘(B) APPORTIONMENT.—Of amounts
7 made available or appropriated for each fiscal
8 year under section 5338(a)(2)(E)(ii) to carry
9 out this paragraph, the Secretary shall appor-
10 tion funds to recipients for service in, or di-
11 rectly benefitting, persistent poverty counties
12 for any eligible purpose under this section in
13 the ratio that—
14 ‘‘(i) the number of individuals in each
15 such rural area residing in a persistent
16 poverty county; bears to
17 ‘‘(ii) the number of individuals in all
18 such rural areas residing in a persistent
19 poverty county.’’.
20 SEC. 2503. DEMONSTRATION GRANTS TO SUPPORT RE-
21 DUCED FARE TRANSIT.
22 Section 5312 of title 49, United States Code, is
23 amended by adding at the end the following:
24 ‘‘(j) DEMONSTRATION GRANTS TO SUPPORT RE-
25 DUCED FARE TRANSIT.—
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1 ‘‘(1) IN GENERAL.—Not later than 300 days
2 after the date of enactment of the INVEST in
3 America Act, the Secretary shall award grants
4 (which shall be known as ‘Access to Jobs Grants’)
5 to eligible entities, on a competitive basis, to imple-
6 ment reduced fare transit service.
7 ‘‘(2) NOTICE.—Not later than 180 days after
8 the date of enactment of the INVEST in America
9 Act, the Secretary shall provide notice to eligible en-
10 tities of the availability of grants under paragraph
11 (1).
12 ‘‘(3) APPLICATION.—To be eligible to receive a
13 grant under this subsection, an eligible recipient
14 shall submit to the Secretary an application con-
15 taining such information as the Secretary may re-
16 quire, including, at a minimum, the following:
17 ‘‘(A) A description of how the eligible enti-
18 ty plans to implement reduced fare transit ac-
19 cess with respect to low-income individuals, in-
20 cluding any eligibility requirements for such
21 transit access.
22 ‘‘(B) A description of how the eligible enti-
23 ty will consult with local community stake-
24 holders, labor unions, local education agencies
25 and institutions of higher education, public
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1 housing agencies, and workforce development
2 boards in the implementation of reduced fares.
3 ‘‘(C) A description of the eligible entity’s
4 current fare evasion enforcement policies, in-
5 cluding how the eligible entity plans to use the
6 reduced fare program to reduce fare evasion.
7 ‘‘(D) An estimate of additional costs to
8 such eligible entity as a result of reduced tran-
9 sit fares.
10 ‘‘(E) A plan for a public awareness cam-
11 paign of the transit agency’s ability to provide
12 reduced fares, including in foreign languages,
13 based on—
14 ‘‘(i) data from the Bureau of the Cen-
15 sus and be consistent with the local area
16 demographics where the transit agency op-
17 erates and will include the languages that
18 are most prevalent and commonly re-
19 quested for translation services; or
20 ‘‘(ii) qualitative and quantitative ob-
21 servation from community service providers
22 including those that provide health and
23 mental health services, social services,
24 transportation, and other relevant social
25 services.
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1 ‘‘(4) GRANT DURATION.—Grants awarded
2 under this subsection shall be for a 2-year period.
3 ‘‘(5) SELECTION OF ELIGIBLE RECIPIENTS.—In
4 carrying out the program under this subsection, the
5 Secretary shall award not more than 20 percent of
6 grants to eligible entities located in rural areas.
7 ‘‘(6) USES OF FUNDS.—An eligible entity re-
8 ceiving a grant under this subsection shall use such
9 grant to implement a reduced fare transit program
10 and offset lost fare revenue.
11 ‘‘(7) RULE OF CONSTRUCTION.—Nothing in
12 this section shall be construed to limit the eligibility
13 of an applicant if a State, local, or Tribal govern-
14 mental entity provides reduced fair transportation to
15 low-income individuals.
16 ‘‘(8) DEFINITIONS.—In this subsection:
17 ‘‘(A) ELIGIBLE ENTITY.—The term ‘eligi-
18 ble entity’ means a State, local, or Tribal gov-
19 ernmental entity that operates a public trans-
20 portation service and is a recipient or sub-
21 recipient of funds under this chapter.
22 ‘‘(B) LOW-INCOME INDIVIDUAL.—The
23 term ‘low-income individual’ means an indi-
24 vidual—
25 ‘‘(i) that has qualified for—
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1 ‘‘(I) any program of medical as-
2 sistance under a State plan or under
3 a waiver of the plan under title XIX
4 of the Social Security Act (42 U.S.C.
5 1396 et seq.);
6 ‘‘(II) supplemental nutrition as-
7 sistance program (SNAP) under the
8 Food and Nutrition Act of 2008 (7
9 U.S.C. 2011 et seq.);
10 ‘‘(III) the program of block
11 grants for States for temporary assist-
12 ance for needy families (TANF) es-
13 tablished under part A of title IV of
14 the Social Security Act (42 U.S.C.
15 601 et seq.);
16 ‘‘(IV) the free and reduced price
17 school lunch program established
18 under the Richard B. Russell National
19 School Lunch Act (42 U.S.C. 1751 et
20 seq.);
21 ‘‘(V) a housing voucher through
22 section 8(o) of the United States
23 Housing Act of 1937 (42 U.S.C.
24 1437f(o));
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1 ‘‘(VI) benefits under the Low-In-
2 come Home Energy Assistance Act of
3 1981;
4 ‘‘(VII) special supplemental food
5 program for women, infants and chil-
6 dren (WIC) under section 17 of the
7 Child Nutrition Act of 1966 (42
8 U.S.C. 1786); or
9 ‘‘(VIII) a Federal Pell Grant
10 under section 401 of the Higher Edu-
11 cation Act of 1965 (20 U.S.C.
12 1070a); or
13 ‘‘(ii) whose family income is at or
14 below a set percent (as determined by the
15 eligible recipient) of the poverty line (as
16 that term is defined in section 673(2) of
17 the Community Service Block Grant Act
18 (42 U.S.C. 9902(2)), including any revi-
19 sion required by that section) for a family
20 of the size involved.
21 ‘‘(9) REPORT.—The Secretary shall designate a
22 university transportation center under section 5505
23 to collaborate with the eligible entities receiving a
24 grant under this subsection to collect necessary data
25 to evaluate the effectiveness of meeting the targets
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1 described in the application of such recipient, includ-
2 ing increased ridership and progress towards signifi-
3 cantly closing transit equity gaps.’’.
4 Subtitle F—Supporting Frontline
5 Workers and Passenger Safety
6 SEC. 2601. NATIONAL TRANSIT FRONTLINE WORKFORCE
7 TRAINING CENTER.
8 Section 5314(b) of title 49, United States Code, is
9 amended—
10 (1) by striking paragraph (2) and inserting the
11 following:
12 ‘‘(2) NATIONAL TRANSIT FRONTLINE WORK-
13 FORCE TRAINING CENTER.—
14 ‘‘(A) ESTABLISHMENT.—The Secretary
15 shall establish a national transit frontline work-
16 force training center (hereinafter referred to as
17 the ‘Center’) and award grants to a nonprofit
18 organization with a demonstrated capacity to
19 develop and provide transit career pathway pro-
20 grams through labor-management partnerships
21 and registered apprenticeships on a nationwide
22 basis, in order to carry out the duties under
23 subparagraph (B). The Center shall be dedi-
24 cated to the needs of the frontline transit work-
25 force in both rural and urban transit systems
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1 by providing standards-based training in the
2 maintenance and operations occupations.
3 ‘‘(B) DUTIES.—
4 ‘‘(i) IN GENERAL.—In cooperation
5 with the Administrator of the Federal
6 Transit Administration, public transpor-
7 tation authorities, and national entities,
8 the Center shall develop and conduct train-
9 ing and educational programs for frontline
10 local transportation employees of recipients
11 eligible for funds under this chapter.
12 ‘‘(ii) TRAINING AND EDUCATIONAL
13 PROGRAMS.—The training and educational
14 programs developed under clause (i) may
15 include courses in recent developments,
16 techniques, and procedures related to—
17 ‘‘(I) developing consensus na-
18 tional training standards, skills, com-
19 petencies, and recognized postsec-
20 ondary credentials in partnership with
21 industry stakeholders for key frontline
22 transit occupations with demonstrated
23 skill gaps;
24 ‘‘(II) developing recommenda-
25 tions and best practices for cur-
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1 riculum and recognized postsecondary
2 credentials, including related instruc-
3 tion and on-the-job learning for reg-
4 istered apprenticeship programs for
5 transit maintenance and operations
6 occupations;
7 ‘‘(III) building local, regional,
8 and statewide transit training part-
9 nerships to identify and address work-
10 force skill gaps and develop skills,
11 competencies, and recognized postsec-
12 ondary credentials needed for deliv-
13 ering quality transit service and sup-
14 porting employee career advancement;
15 ‘‘(IV) developing programs for
16 training of transit frontline workers,
17 instructors, mentors, and labor-man-
18 agement partnership representatives,
19 in the form of classroom, hands-on,
20 on-the-job, and web-based training,
21 delivered at a national center, region-
22 ally, or at individual transit agencies;
23 ‘‘(V) developing training pro-
24 grams for skills and competencies re-
25 lated to existing and emerging transit
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1 technologies, including zero emission
2 buses;
3 ‘‘(VI) developing improved capac-
4 ity for safety, security, and emergency
5 preparedness in local transit systems
6 and in the industry as a whole
7 through—
8 ‘‘(aa) developing the role of
9 the transit frontline workforce in
10 building and sustaining safety
11 culture and safety systems in the
12 industry and in individual public
13 transportation systems; and
14 ‘‘(bb) training to address
15 transit frontline worker roles in
16 promoting health and safety for
17 transit workers and the riding
18 public;
19 ‘‘(VII) developing local transit
20 capacity for career pathways pro-
21 grams with schools and other commu-
22 nity organizations for recruiting and
23 training under-represented popu-
24 lations as successful transit employees
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1 who can develop careers in the transit
2 industry;
3 ‘‘(VIII) in collaboration with the
4 Administrator of the Federal Transit
5 Administration, the Bureau of Labor
6 Statistics, the Employment and
7 Training Adminstration, and organi-
8 zations representing public transit
9 agencies, conducting and dissemi-
10 nating research to—
11 ‘‘(aa) provide transit work-
12 force job projections and identify
13 training needs and gaps;
14 ‘‘(bb) determine the most
15 cost-effective methods for transit
16 workforce training and develop-
17 ment, including return on invest-
18 ment analysis;
19 ‘‘(cc) identify the most effec-
20 tive methods for implementing
21 successful safety systems and a
22 positive safety culture; and
23 ‘‘(dd) promote transit work-
24 force best practices for achieving
25 cost-effective, quality, safe, and
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1 reliable public transportation
2 services; and
3 ‘‘(IX) providing culturally com-
4 petent training and educational pro-
5 grams to all who participate, regard-
6 less of gender, sexual orientation, or
7 gender identity, including those with
8 limited English proficiency, diverse
9 cultural and ethnic backgrounds, and
10 disabilities.
11 ‘‘(C) COORDINATION.—The Secretary shall
12 coordinate activities under this section, to the
13 maximum extent practicable, with the Employ-
14 ment and Training Administration, including
15 the National Office of Apprenticeship of the
16 Department of Labor and the Office of Career,
17 Technical, and Adult Education of the Depart-
18 ment of Education.
19 ‘‘(D) AVAILABILITY OF AMOUNTS.—
20 ‘‘(i) IN GENERAL.—Not more than 1
21 percent of amounts made available to a re-
22 cipient under sections 5307, 5311, 5337,
23 and 5339 is available for expenditures by
24 the recipient, with the approval of the Sec-
25 retary, to pay not more than 80 percent of
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1 the cost of eligible activities under this
2 subsection.
3 ‘‘(ii) EXISTING PROGRAMS.—A recipi-
4 ent may use amounts made available under
5 clause (i) to carry out existing local edu-
6 cation and training programs for public
7 transportation employees supported by the
8 Secretary, the Department of Labor, or
9 the Department of Education.
10 ‘‘(iii) LIMITATION.—Any funds made
11 available under this section that are used
12 to fund an apprenticeship or apprentice-
13 ship program shall only be used for, or
14 provided to, a registered apprenticeship
15 program, including any funds awarded for
16 the purposes of grants, contracts, or coop-
17 erative agreements, or the development,
18 implementation, or administration, of an
19 apprenticeship or an apprenticeship pro-
20 gram.
21 ‘‘(E) DEFINITIONS.—In this paragraph:
22 ‘‘(i) CAREER PATHWAY.—The term
23 ‘career pathway’ has the meaning given
24 such term in section 3 of the Workforce
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1 Innovation and Opportunity Act (29
2 U.S.C. 3102).
3 ‘‘(ii) RECOGNIZED POSTSECONDARY
4 CREDENTIAL.—The term ‘recognized post-
5 secondary credential’ has the meaning
6 given such term in section 3 of the Work-
7 force Innovation and Opportunity Act (29
8 U.S.C. 3102).
9 ‘‘(iii) REGISTERED APPRENTICESHIP
10 PROGRAM.—The term ‘registered appren-
11 ticeship program’ means an apprenticeship
12 program registered with the Department of
13 Labor or a Federally-recognized State Ap-
14 prenticeship Agency and that complies with
15 the requirements under parts 29 and 30 of
16 title 29, Code of Federal Regulations, as in
17 effect on January 1, 2019.’’;
18 (2) in paragraph (3) by striking ‘‘or (2)’’; and
19 (3) by striking paragraph (4).
20 SEC. 2602. PUBLIC TRANSPORTATION SAFETY PROGRAM.
21 Section 5329 of title 49, United States Code, is
22 amended—
23 (1) in subsection (b)(2)(C)(ii)—
24 (A) in subclause (I) by striking ‘‘and’’ at
25 the end;
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1 (B) in subclause (II) by striking the semi-
2 colon and inserting ‘‘; and’’; and
3 (C) by adding at the end the following:
4 ‘‘(III) innovations in driver as-
5 sistance technologies and driver pro-
6 tection infrastructure where appro-
7 priate, and a reduction in visibility
8 impairments that contribute to pedes-
9 trian fatalities;’’;
10 (2) in subsection (b)(2)—
11 (A) by redesignating subparagraphs (D)
12 and (E) as subparagraphs (E) and (F), respec-
13 tively; and
14 (B) by adding at the end the following:
15 ‘‘(D) in consultation with the Secretary of
16 the Department of Health and Human Services,
17 precautionary and reactive actions required to
18 ensure public and personnel safety and health
19 during an emergency as defined in section
20 5324.’’.
21 (3) in subsection (d)—
22 (A) in paragraph (1)—
23 (i) in subparagraph (A) by inserting
24 ‘‘the safety committee established under
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1 paragraph (4), and subsequently,’’ before
2 ‘‘the board of directors’’;
3 (ii) in subparagraph (C) by striking
4 ‘‘public, personnel, and property’’ and in-
5 serting ‘‘public and personnel to injuries,
6 assaults, fatalities, and, consistent with
7 guidelines by the Centers for Disease Con-
8 trol and Prevention, infectious diseases,
9 and strategies to minimize the exposure of
10 property’’;
11 (iii) by striking subparagraph (G) and
12 inserting the following:
13 ‘‘(G) a comprehensive staff training pro-
14 gram for the operations and maintenance per-
15 sonnel and personnel directly responsible for
16 safety of the recipient that includes—
17 ‘‘(i) the completion of a safety train-
18 ing program;
19 ‘‘(ii) continuing safety education and
20 training; and
21 ‘‘(iii) de-escalation training;
22 ‘‘(H) a requirement that the safety com-
23 mittee only approve a safety plan under sub-
24 paragraph (A) if such plan stays within such
25 recipient’s fiscal budget; and
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1 ‘‘(I) a risk reduction program for transit
2 operations to improve safety by reducing the
3 number and rates of accidents, injuries, and as-
4 saults on transit workers using data submitted
5 to the National Transit Database, including—
6 ‘‘(i) a reduction of vehicular and pe-
7 destrian accidents involving buses that in-
8 cludes measures to reduce visibility impair-
9 ments for bus operators that contribute to
10 accidents, including retrofits to buses in
11 revenue service and specifications for fu-
12 ture procurements that reduce visibility
13 impairments; and
14 ‘‘(ii) transit worker assault mitigation,
15 including the deployment of assault mitiga-
16 tion infrastructure and technology on
17 buses, including barriers to restrict the un-
18 wanted entry of individuals and objects
19 into bus operators’ workstations when a re-
20 cipient’s risk analysis performed by the
21 safety committee established in paragraph
22 (4) determines that such barriers or other
23 measures would reduce assaults on and in-
24 juries to transit workers; and’’; and
25 (B) by adding at the end the following:
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1 ‘‘(4) SAFETY COMMITTEE.—For purposes of the
2 approval process of an agency safety plan under
3 paragraph (1), the safety committee shall be con-
4 vened by a joint labor-management process and con-
5 sist of an equal number of—
6 ‘‘(A) frontline employee representatives, se-
7 lected by the labor organization representing
8 the plurality of the frontline workforce em-
9 ployed by the recipient or if applicable a con-
10 tractor to the recipient; and
11 ‘‘(B) employer or State representatives.’’;
12 and
13 (4) in subsection (e)(4)(A)(v) by inserting ‘‘, in-
14 spection,’’ after ‘‘has investigative’’.
15 SEC. 2603. INNOVATION WORKFORCE STANDARDS.
16 (a) PROHIBITION ON USE OF FUNDS.—No financial
17 assistance under chapter 53 of title 49, United States
18 Code, may be used for—
19 (1) an automated vehicle providing public trans-
20 portation unless—
21 (A) the recipient of such assistance that
22 proposes to deploy an automated vehicle pro-
23 viding public transportation certifies to the Sec-
24 retary of Transportation that the deployment
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1 does not eliminate or reduce the frequency of
2 existing public transportation service; and
3 (B) the Secretary receives, approves, and
4 publishes the workforce development plan under
5 subsection (b) submitted by the eligible entity
6 when required by subsection (b)(1); and
7 (2) a mobility on demand service unless—
8 (A) the recipient of such assistance that
9 proposes to deploy a mobility on demand service
10 certifies to the Secretary that the service meets
11 the criteria under section 5307, 5310, 5311,
12 5312, or 5316 of title 49, United States Code;
13 and
14 (B) the Secretary receives, approves, and
15 publishes the workforce development plan under
16 subsection (b) submitted by the eligible entity
17 when required by subsection (b)(1).
18 (b) WORKFORCE DEVELOPMENT PLAN.—
19 (1) IN GENERAL.—A recipient of financial as-
20 sistance under chapter 53 of title 49, United States
21 Code, proposing to deploy an automated vehicle pro-
22 viding public transportation or mobility on demand
23 service shall submit to the Secretary, prior to imple-
24 mentation of such service, a workforce development
25 plan if such service, combined with any other auto-
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1 mated vehicle providing public transportation or mo-
2 bility on demand service offered by such recipient,
3 would exceed by more than 0.5 percent of the recipi-
4 ent’s total transit passenger miles traveled.
5 (2) CONTENTS.—The workforce development
6 plan under subsection (a) shall include the following:
7 (A) A description of services offered by ex-
8 isting conventional modes of public transpor-
9 tation in the area served by the recipient that
10 could be affected by the proposed automated ve-
11 hicle providing public transportation or mobility
12 on demand service, including jobs and functions
13 of such jobs.
14 (B) A forecast of the number of jobs pro-
15 vided by existing conventional modes of public
16 transportation that would be eliminated or that
17 would be substantially changed and the number
18 of jobs expected to be created by the proposed
19 automated vehicle providing public transpor-
20 tation or mobility on demand service over a 5-
21 year period from the date of the publication of
22 the workforce development plan.
23 (C) Identified gaps in skills needed to op-
24 erate and maintain the proposed automated ve-
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1 hicle providing public transportation or mobility
2 on demand service.
3 (D) A comprehensive plan to transition,
4 train, or retrain employees that could be af-
5 fected by the proposed automated vehicle pro-
6 viding public transportation or mobility on de-
7 mand service.
8 (E) An estimated budget to transition,
9 train, or retrain employees impacted by the pro-
10 posed automated vehicle providing public trans-
11 portation or mobility on demand service over a
12 5-year period from the date of the publication
13 of the workforce development plan.
14 (c) NOTICE REQUIRED.—
15 (1) IN GENERAL.—A recipient of financial as-
16 sistance under chapter 53 of title 49, United States
17 Code, shall issue a notice to employees who, due to
18 the use of an automated vehicle providing public
19 transportation or mobility on demand service, may
20 be subjected to a loss of employment or a change in
21 responsibilities not later than 60 days before signing
22 a contract for such service or procurement. A recipi-
23 ent shall provide employees copies of a request for
24 a proposal related to an automated vehicle providing
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