H.R. 2, Moving Forward Act (July 20, 2020)
Summary
H. R. 2 of the 116th Congress, 2d Session, is an Act to authorize funds for Federal-aid highways, highway safety programs, and transit programs, and for other purposes. A notation states that it was received in the Senate of the United States on July 20, 2020. It may be cited as the Moving Forward Act. The table of contents lists Division A on Federal surface transportation programs for fiscal year 2021, Division B on surface transportation, Division C on hazardous materials transportation, and Division D on rail. Title I of Division B covers Federal-aid highways, beginning with authorizations and program conditions.
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Cite this document
“H.R. 2, Moving Forward Act (July 20, 2020).”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-116hr2rds-bills-116hr2rds/
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II
116TH CONGRESS
2D SESSION
H. R. 2
IN THE SENATE OF THE UNITED STATES
JULY 20, 2020
Received
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’’.
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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
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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.
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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.
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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.
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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.
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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
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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.
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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
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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.
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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
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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,
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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
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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.
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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
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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
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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.
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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.
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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
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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.
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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
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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-
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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
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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
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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.
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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.
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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-
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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.
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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.
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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
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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
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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
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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-
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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
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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-
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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,
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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
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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
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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
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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
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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-
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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-
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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
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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
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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
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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-
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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);
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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-
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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—
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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-
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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-
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24 cluded in a metropolitan transportation plan, a long-
25 range statewide transportation plan, a transpor-
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52
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.
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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
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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-
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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.
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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
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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
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24 title 49, United States Code, that has a full
25 funding grant agreement entered into under ei-
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58
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
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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-
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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
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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.
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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
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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
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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
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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
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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
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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
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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-
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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,
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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
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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-
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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
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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
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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
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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):
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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
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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,
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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.
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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-
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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-
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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
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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
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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
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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
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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
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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
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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-
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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
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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
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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
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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
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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
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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
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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
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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—
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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).’’;
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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-
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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;
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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’
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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
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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)—
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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-
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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,
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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;
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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.
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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
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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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112
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
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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—
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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
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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
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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
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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-
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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)
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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;
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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
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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
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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
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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:
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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
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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
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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
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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-
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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
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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.—
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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
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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
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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).’’.
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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-
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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’’;
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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-
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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-
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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-
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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
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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;
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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:
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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.
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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.—
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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,
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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
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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
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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-
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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
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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
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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-
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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
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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
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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-
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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
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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;
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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
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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:
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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
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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-
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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
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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-
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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—
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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.—
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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
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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-
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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,
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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
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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’’;
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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.
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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;
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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.
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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
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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-
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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
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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-
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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—
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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
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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.
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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-
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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.—
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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
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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
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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
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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
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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-
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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
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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
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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;
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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
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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
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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
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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
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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
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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
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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
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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.
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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-
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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.
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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
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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-
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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-
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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-
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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
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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
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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
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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-
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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
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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
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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-
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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
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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
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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-
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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-
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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).
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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,
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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-
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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
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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
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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
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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
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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-
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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
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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;
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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-
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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
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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
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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
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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-
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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—
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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
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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)—
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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—
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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-
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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.
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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
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24 bridge and reduce preservation costs,
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