Pandemic Darlings The pandemic economy, in original documents
Home Source documents H.R. 2, Moving Forward Act (July 20, 2020)

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.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Issuer
Congressional materials
Document type
Bills Bills 116Hr2Rds Bills 116Hr2Rds
Case
Bills Bills 116Hr2Rds Bills 116Hr2Rds

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/, SHA-256 6d035369db8c02da9bf010ad1a1b9d6f3aeeb578a33fa19e053af1c3a27c2044.

Full text

                                                                                                                                                                    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’’.




TKELLEY on DSKBCP9HB2PROD with BILLS



                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00001   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                                 2
                                                                        1     SEC. 2. TABLE OF CONTENTS.

                                                                        2              The table of contents for this Act is as follows:
                                                                              Sec. 1. Short title.
                                                                              Sec. 2. Table of contents.
                                                                              Sec. 3. References.

                                                                                  DIVISION A—FEDERAL SURFACE TRANSPORTATION PROGRAMS
                                                                                                  FOR FISCAL YEAR 2021

                                                                              Sec. 100. Short title.
                                                                              Sec. 101. Extension of Federal surface transportation programs.
                                                                              Sec. 102. Federal Highway Administration.
                                                                              Sec. 103. Federal Transit Administration.
                                                                              Sec. 104. National Highway Traffic Safety Administration.
                                                                              Sec. 105. Federal Motor Carrier Safety Administration.
                                                                              Sec. 106. High priority corridors on National Highway System.
                                                                              Sec. 107. Definitions.
                                                                              Sec. 108. Accessibility of public transportation for residents of areas of con-
                                                                                              centrated poverty.

                                                                                                   DIVISION B—SURFACE TRANSPORTATION

                                                                              Sec. 1001. Applicability of division.

                                                                                                          TITLE I—FEDERAL-AID HIGHWAYS

                                                                                                 Subtitle A—Authorizations and Program Conditions

                                                                              Sec. 1101. Authorization of appropriations.
                                                                              Sec. 1102. Obligation limitation.
                                                                              Sec. 1103. Definitions and declaration of policy.
                                                                              Sec. 1104. Apportionment.
                                                                              Sec. 1105. Additional deposits into Highway Trust Fund.
                                                                              Sec. 1106. Transparency.
                                                                              Sec. 1107. Complete and context sensitive street design.
                                                                              Sec. 1108. Innovative project delivery Federal share.
                                                                              Sec. 1109. Transferability of Federal-aid highway funds.
                                                                              Sec. 1110. Tolling.
                                                                              Sec. 1111. HOV facilities.
                                                                              Sec. 1112. Buy America.
                                                                              Sec. 1113. Federal-aid highway project requirements.
                                                                              Sec. 1114. State assumption of responsibility for categorical exclusions.
                                                                              Sec. 1115. Surface transportation project delivery program written agreements.
                                                                              Sec. 1116. Corrosion prevention for bridges.
                                                                              Sec. 1117. Sense of Congress.
                                                                              Sec. 1118. Additional support to rebuild rural communities.
                                                                              Sec. 1119. Federal grants for pedestrian and bike safety improvements.

                                                                                                 Subtitle B—Programmatic Infrastructure Investment




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                              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.

                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00002   Fmt 6652   Sfmt 6211   E:\BILLS\H2.RDS   H2
                                                                                                                                 3
                                                                              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.




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                              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.

                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00003   Fmt 6652   Sfmt 6211   E:\BILLS\H2.RDS   H2
                                                                                                                                 4
                                                                              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.




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                              Sec. 2110. Public transportation emergency relief funds.
                                                                              Sec. 2111. Certification requirements.
                                                                              Sec. 2112. Hold harmless.

                                                                                                   Subtitle B—Improving Frequency and Ridership

                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00004   Fmt 6652   Sfmt 6211   E:\BILLS\H2.RDS   H2
                                                                                                                                  5
                                                                              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.




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                                                       Subtitle I—Other Program Reauthorizations

                                                                              Sec. 2901. Reauthorization for capital and preventive maintenance projects for
                                                                                             Washington Metropolitan Area Transit Authority.


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200    PO 00000   Frm 00005   Fmt 6652   Sfmt 6211   E:\BILLS\H2.RDS   H2
                                                                                                                                 6
                                                                              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.




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                              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.

                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00006   Fmt 6652   Sfmt 6211   E:\BILLS\H2.RDS   H2
                                                                                                                                 7
                                                                              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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                                               users.
                                                                              Sec. 5305. Nontraditional and Emerging Transportation Technology Council.
                                                                              Sec. 5306. Hyperloop transportation.
                                                                              Sec. 5307. Surface transportation workforce retraining grant program.


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00007   Fmt 6652   Sfmt 6211   E:\BILLS\H2.RDS   H2
                                                                                                                                 8
                                                                              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.




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                                                                      DIVISION D—RAIL

                                                                              Sec. 9001. Short title.


                                                                                   HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00008   Fmt 6652   Sfmt 6211   E:\BILLS\H2.RDS   H2
                                                                                                                                  9
                                                                                                               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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                              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.


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000    Frm 00009   Fmt 6652   Sfmt 6211   E:\BILLS\H2.RDS   H2
                                                                                                                             10
                                                                              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.




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                                  DIVISION F—INVESTMENT IN WATER RESOURCES AND WATER-
                                                                                                 RELATED INFRASTRUCTURE

                                                                              Sec. 20001. Short title.


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00010   Fmt 6652   Sfmt 6211   E:\BILLS\H2.RDS   H2
                                                                                                                             11
                                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                              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.

                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00011   Fmt 6652   Sfmt 6211   E:\BILLS\H2.RDS   H2
                                                                                                                              12
                                                                                                          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,




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                                              and dissemination.
                                                                              Sec. 31124. General provisions.

                                                                                      CHAPTER 3—BROADBAND SERVICE FOR LOW-INCOME CONSUMERS


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000    Frm 00012   Fmt 6652   Sfmt 6211   E:\BILLS\H2.RDS   H2
                                                                                                                              13
                                                                              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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                              Sec. 31501. Repeal of rule and prohibition on use of NPRM.

                                                                                                             Subtitle F—Next Generation 9–1–1

                                                                              Sec. 31601. Sense of Congress.

                                                                                   HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021    Jkt 019200   PO 00000   Frm 00013   Fmt 6652   Sfmt 6211   E:\BILLS\H2.RDS   H2
                                                                                                                              14
                                                                              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.




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                              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

                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000    Frm 00014   Fmt 6652   Sfmt 6211   E:\BILLS\H2.RDS   H2
                                                                                                                             15
                                                                              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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                                                            SUBCHAPTER A—HOPE FOR HOMES

                                                                              Sec. 33201. Definitions.

                                                                                                                 PART 1—HOPE TRAINING


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00015   Fmt 6652   Sfmt 6211   E:\BILLS\H2.RDS   H2
                                                                                                                             16
                                                                              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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                              Sec. 33271. Rebate program for energy efficient electrotechnologies.

                                                                                                                      Subtitle C—Vehicles

                                                                                                                      CHAPTER 1—DERA

                                                                                   HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00016   Fmt 6652   Sfmt 6211   E:\BILLS\H2.RDS   H2
                                                                                                                               17
                                                                              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.




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                              Sec. 33802. Energy workforce development programs.
                                                                              Sec. 33803. Authorization.

                                                                                                  CHAPTER 2—ENERGY WORKFORCE DEVELOPMENT

                                                                              Sec. 33811. Energy workforce development.

                                                                                   HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021    Jkt 019200   PO 00000    Frm 00017   Fmt 6652   Sfmt 6211   E:\BILLS\H2.RDS   H2
                                                                                                                             18
                                                                              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.




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                                      DIVISION I—ZERO-EMISSION POSTAL FLEET AND OTHER
                                                                                                          MATTERS



                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00018   Fmt 6652   Sfmt 6211   E:\BILLS\H2.RDS   H2
                                                                                                                             19
                                                                              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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                              Sec. 70101. Purpose and reservation.
                                                                              Sec. 70102. Allocation to States.

                                                                                                  Subtitle B—Grants to Local Educational Agencies


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00019   Fmt 6652   Sfmt 6211   E:\BILLS\H2.RDS   H2
                                                                                                                              20
                                                                              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.




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                                                     CHAPTER 1—INFRASTRUCTURE DEVELOPMENT
                                                                              Sec. 81211. Competitive grant program for the funding of water recycling and
                                                                                             reuse projects.

                                                                                   HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021    Jkt 019200   PO 00000   Frm 00020   Fmt 6652   Sfmt 6211   E:\BILLS\H2.RDS   H2
                                                                                                                             21
                                                                              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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                              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.

                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00021   Fmt 6652   Sfmt 6211   E:\BILLS\H2.RDS   H2
                                                                                                                             22
                                                                                                  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-




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                                              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

                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00022   Fmt 6652   Sfmt 6211   E:\BILLS\H2.RDS   H2
                                                                                                                               23
                                                                              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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                              Sec. 83311. Collaboration and coordination.
                                                                              Sec. 83312. Effect.

                                                                                                     SUBCHAPTER B—TRIBAL WILDLIFE CORRIDORS




                                                                                   HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021    Jkt 019200   PO 00000    Frm 00023   Fmt 6652   Sfmt 6211   E:\BILLS\H2.RDS   H2
                                                                                                                             24
                                                                              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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                              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.

                                                                                   HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00024   Fmt 6652   Sfmt 6211   E:\BILLS\H2.RDS   H2
                                                                                                                             25
                                                                                               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.




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                              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.



                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00025   Fmt 6652   Sfmt 6211   E:\BILLS\H2.RDS   H2
                                                                                                                             26
                                                                              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.




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                              Sec. 90413. Extension of second generation biofuel incentives.

                                                                                      Subtitle C—Green Energy and Efficiency Incentives for Individuals



                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00026   Fmt 6652   Sfmt 6211   E:\BILLS\H2.RDS   H2
                                                                                                                             27
                                                                              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-




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                                              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.

                                                                                   HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00027   Fmt 6652   Sfmt 6211   E:\BILLS\H2.RDS   H2
                                                                                                                             28
                                                                              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.




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                        2              Except as expressly provided otherwise, any reference
                                                                        3 to ‘‘this Act’’ contained in any division of this Act shall

                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00028   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                             29
                                                                        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.




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                         (2) AUTHORIZATION OF APPROPRIATIONS.—
                                                                      25                                  (A) HIGHWAY TRUST FUND.—


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00029   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                             30
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                                                   title 23, United States Code; and




                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00030   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                             31
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                                  Highway Account or the Mass Transit Ac-
                                                                      25                                  count under the titles described in sub-


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00031   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                             32
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                         under paragraph (2)(A) shall be subject to a
                                                                      25                         limitation on obligations for fiscal year 2021 in


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00032   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                             33
                                                                        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-




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                                  gether with advances and reimbursements
                                                                      25                                  received by the Federal Highway Adminis-


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00033   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                             34
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24               Transportation Efficiency Act of 1991 (Public Law
                                                                      25               102–240).


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00034   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                             35
                                                                        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-




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                         THORITY.—




                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00035   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                             36
                                                                        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,




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                                  after August 1 of fiscal year 2021—




                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00036   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                             37
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                                  that it receives pursuant to this subpara-
                                                                      25                                  graph in the same manner that it uses ob-


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00037   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                             38
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                                          the State to an area described in sub-
                                                                      25                                          clause (II) in the proportion that—


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00038   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                             39
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                         available under paragraph (3)(A) shall be ad-




                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00039   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                             40
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                                  section 202 of title 23, United States
                                                                      25                                  Code.


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00040   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                             41
                                                                        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-




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                                  tively, of title 23, United States Code.




                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00041   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                             42
                                                                        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-




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                                          ministrative expenses, including sala-
                                                                      25                                          ries and benefits.


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00042   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                             43
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24               made available under paragraph (1).
                                                                      25               (b) SPECIAL RULES FOR FISCAL YEAR 2021.—


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00043   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                             44
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                                  104(b)(2) of such title shall make available
                                                                      25                                  during the period of fiscal years 2016


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00044   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                             45
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                                                   obligation limitation) during the
                                                                      25                                                   period.


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00045   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                             46
                                                                        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-




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24               gram carried out under section 117 of title 23,
                                                                      25               United States Code, shall, in addition to any other-


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00046   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                             47
                                                                        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);




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                                          (iv) ensure that applications receive
                                                                      25                                  final consideration by the Secretary to re-


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00047   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                             48
                                                                        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-




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                                          cation was not selected for funding;
                                                                      25                                          and


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00048   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                             49
                                                                        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—




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                                          (i) a summary of each application
                                                                      25                                  submitted and, at the request of either


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00049   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                             50
                                                                        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-




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24               ized under title 23 or 49, United States Code, the
                                                                      25               FAST Act (Public Law 114–94), or this division.


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00050   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                             51
                                                                        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-




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24               cluded in a metropolitan transportation plan, a long-
                                                                      25               range statewide transportation plan, a transpor-


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00051   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                             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.




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                                  (D) The United States Virgin Islands.




                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00052   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                             53
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                         such title for administration under section 5307
                                                                      25                         of such title.


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00053   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                             54
                                                                        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-




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                         ment pursuant to section 251(b)(2)(A)(i) of the




                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00054   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                             55
                                                                        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.




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                         (2) CONDITIONS.—Recipients use of funds
                                                                      25               under paragraph (1) shall—


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00055   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                             56
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                         under sections 5334 and 5338(f)(2) of title 49,
                                                                      25                         United States Code.


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00056   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                             57
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                         title 49, United States Code, that has a full
                                                                      25                         funding grant agreement entered into under ei-


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00057   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                             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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24               (1) and (2).




                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00058   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                             59
                                                                        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-




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24               sion of this division, the Federal share associated
                                                                      25               with funds described in paragraph (2) that are obli-


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00059   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                             60
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                         year 2021, for activities under this subsection,
                                                                      25                         $244,514,000.


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00060   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                             61
                                                                        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.




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                                  (D) $105,000,000 for carrying out section
                                                                      25                         405 of title 23, United States Code.


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00061   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                             62
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24               effort requirements under such section for fiscal




                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00062   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                             63
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24               apply as if such paragraph was enacted on October
                                                                      25               1, 2015.


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00063   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                             64
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      25                                  Code; and


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00064   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                             65
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                         States Code, for all States without requiring
                                                                      25                         States to request a waiver.


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00065   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                             66
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24               1105(c)(84) of the Intermodal Surface Transpor-




                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00066   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                             67
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                         Texas Highway 63 at the Sabine River Bridge




                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00067   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                             68
                                                                        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-




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24               mencing at the logical terminus of Louisiana High-
                                                                      25               way 8 at the Sabine River Bridge at Burrs Crossing


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00068   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                             69
                                                                        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,




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                         Mississippi, running south on Interstate Route
                                                                      25                         59 to United States Route 98 in the vicinity of


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00069   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                             70
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                         Hope Hull, Alabama;




                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00070   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                             71
                                                                        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-




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                         gia specifically:




                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00071   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                             72
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24 Surface Transportation Efficiency Act of 1991 is amended
                                                                      25 in the first sentence—


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00072   Fmt 6652   Sfmt 6201    E:\BILLS\H2.RDS   H2
                                                                                                                             73
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24               Account’’ means the portion of the Highway Trust
                                                                      25               Fund that is not the Mass Transit Account.


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00073   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                             74
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24 October 1, 2021.




                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00074   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                             75
                                                                        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):




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                         (1) FEDERAL-AID                      HIGHWAY              PROGRAM.—For

                                                                      25               the national highway performance program under


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00075   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                             76
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24               of fiscal years 2022 through 2025.




                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00076   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                             77
                                                                        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)—




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00077   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                             78
                                                                        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,




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24               United States Code, $310,000,000 for each of fiscal
                                                                      25               years 2022 through 2025.


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00078   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                             79
                                                                        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.




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24               (b) ADDITIONAL PROGRAMS.—




                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00079   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                             80
                                                                        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-




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24               tioned under chapter 1 of title 23, United States
                                                                      25               Code.


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00080   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                             81
                                                                        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-




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                         der discrimination from numerous sources, in-
                                                                      25                         cluding congressional hearings and other inves-


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00081   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                             82
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                         strong basis that there is a compelling need for
                                                                      25                         the continuation of the disadvantaged business


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00082   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                             83
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24               program under titles I, II, V, and VII of this divi-
                                                                      25               sion and section 403 of title 23, United States Code,


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00083   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                             84
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                         certifying whether a concern qualifies as a small




                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00084   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                             85
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                         business enterprise awards, commitments, and
                                                                      25                         achievements; and


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00085   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                             86
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                         funded transportation contracts under laws and
                                                                      25                         regulations administered by the Secretary; and


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00086   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                             87
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00087   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                             88
                                                                        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;




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00088   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                             89
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24               (112 Stat. 107) or subsequent Acts for multiple
                                                                      25               years or to remain available until expended, but only


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00089   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                             90
                                                                        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-




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24               cal years); and




                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00090   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                             91
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24               provided by subsection (a) for the fiscal year for




                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00091   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                             92
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                                  highway           safety           construction           programs,




                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00092   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                             93
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24               202 or 204 of such title, by multiplying—




                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00093   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                             94
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                         be appropriated for the programs that are ap-




                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00094   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                             95
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                                  (B) the metro performance program under
                                                                      25                         section 1305 of this Act.


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00095   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                             96
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                         the fiscal year.




                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00096   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                             97
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                         so redesignated, the following:




                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00097   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                             98
                                                                        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—




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                                  ‘‘(A) provides for the safe and adequate
                                                                      25                         accommodation, in all phases of project plan-


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00098   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                             99
                                                                        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).’’;




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                                  (G) by inserting after paragraph (14), as
                                                                      25                         so redesignated, the following:


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00099   Fmt 6652    Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            100
                                                                        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-




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                                  ing and storm surges, and for other related
                                                                      25                                  purposes.


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00100   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            101
                                                                        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;




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                                          ‘‘(vi) increasing the size or number of
                                                                      25                                  drainage structures;


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00101   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            102
                                                                        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’




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                         means, with respect to a facility, the ability
                                                                      25                         to—


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00102   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            103
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                                  ‘‘(C) the extent to which transportation ac-
                                                                      25                         cess is impacted by zoning policies and land use


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00103   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            104
                                                                        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)—




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                                          (i) in subparagraph (A) by striking
                                                                      25                                  ‘‘Century’’ and inserting ‘‘century’’;


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00104   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            105
                                                                        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’’.




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00105   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            106
                                                                        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-




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      25               cent of the amount remaining after distributing
                                                                      26               amounts under paragraphs (4), (6), and (7).
                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00106   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            107
                                                                        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,




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                         the Secretary shall distribute among the States
                                                                      25                         the amount for the congestion mitigation and


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00107   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            108
                                                                        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;




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                                          ‘‘(ii) $516,381,250 for fiscal year
                                                                      25                                  2023;


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00108   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            109
                                                                        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.




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                                  ‘‘(C) STATE SHARE.—




                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00109   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            110
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                                  (B).




                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00110   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            111
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00111   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                         (5)(D) and (6) of subsection (b)’’ and inserting
                                                                      25                         ‘‘subsection (b)(6)’’; and


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00112   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            113
                                                                        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—




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                         (1) in subparagraph (A) by striking ‘‘(5)(D),’’;
                                                                      25               and


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00113   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            114
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                         appropriated’’ each place it appears; and
                                                                      25                                  (B) by adding at the end the following:


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00114   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            115
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                                  calculated under clause (ii).




                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00115   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            116
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                                  for a fiscal year for the formula grants for
                                                                      25                                  rural areas under section 5311 of such


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00116   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            117
                                                                        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-




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                                  able for a fiscal year for the bus and bus
                                                                      25                                  facilities program under section 5339 of


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00117   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            118
                                                                        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)




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24 and inserting the following:




                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00118   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            119
                                                                        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;




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                                          ‘‘(iii) the amount of Federal funding
                                                                      25                                  obligated for such project;


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00119   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            120
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                                          project;




                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00120   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            121
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                                  unobligated balances, at the start of the
                                                                      25                                  fiscal year;


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00121   Fmt 6652   Sfmt 6201       E:\BILLS\H2.RDS   H2
                                                                                                                            122
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                                  project’ means a Federal-aid highway
                                                                      25                                  project using funds made available under


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00122   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            123
                                                                        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:




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                                  ‘‘(B) ASSISTANCE TO STATES.—The Sec-
                                                                      25                         retary shall—


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00123   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            124
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24               using such funds if such projects would have been
                                                                      25               subject to the requirements of sections 113 and 313


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00124   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            125
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                         construction quality, or reductions in benefits
                                                                      25                         with respect to the megaproject;


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00125   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            126
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                         megaproject.
                                                                      25                                  ‘‘(B) MEMBERSHIP.—


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00126   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            127
                                                                        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-




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                                  view group and not later than 90 days
                                                                      25                                  after the date of any significant change, as


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00127   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            128
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24               experimental project authority pursuant to section
                                                                      25               502(b). The Secretary shall redact confidential busi-


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00128   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            129
                                                                        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.—




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                         ‘‘(1) IN         GENERAL.—To                     ensure the account-
                                                                      25               ability and oversight of the discretionary grant selec-


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00129   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            130
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24               program, the Secretary shall notify, in writing, the
                                                                      25               Committee on Transportation and Infrastructure of


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00130   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            131
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                         round of funding during each phase of the
                                                                      25                         grant selection process.


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00131   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            132
                                                                        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).’’.




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24               (c) DIVISION OFFICE CONSISTENCY.—Not later than
                                                                      25 1 year after the date of enactment of this Act, the Comp-


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00132   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            133
                                                                        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-




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24               sessment process.




                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00133   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            134
                                                                        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’’;




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                         (2) in subsection (b)—




                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00134   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            135
                                                                        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-




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24               way projects on the National Highway System)
                                                                      25               shall—


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00135   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            136
                                                                        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.




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00136   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            137
                                                                        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-




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                         retary and States shall encourage local govern-




                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00137   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            138
                                                                        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-




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                                  paragraph (B)(v).




                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00138   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            139
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                                  findings of this guidance, establish model
                                                                      25                                  policies or procedures for a State or other


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00139   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            140
                                                                        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;




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                                          ‘‘(vii) procedures for maximizing local
                                                                      25                                  cooperation in the introduction of context


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00140   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            141
                                                                        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:




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                                          ‘‘(i) prefabricated bridge elements and
                                                                      25                                  systems, innovative materials, and other


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00141   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            142
                                                                        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.




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24               Section 126(b) of title 23, United States Code, is
                                                                      25 amended—


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00142   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            143
                                                                        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.—




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                                  ‘‘(A) AUTHORIZATION.—Subject to the
                                                                      25                         provisions of this section, Federal participation


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00143   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            144
                                                                        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,




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                                  after such construction is not less than the
                                                                      25                                  number of toll-free non-HOV lanes, exclud-


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00144   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            145
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                                  vehicle lane on a highway, bridge, or tun-




                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00145   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            146
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                                                            ‘‘(cc) conversion, with or
                                                                      25                                                   without Federal participation, of


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00146   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            147
                                                                        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-




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                                  cess at no cost to public transportation ve-




                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00147   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            148
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                                          non-tolled alternatives in the corridor.




                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00148   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            149
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                                  ensure (in addition to the requirements
                                                                      25                                  under subparagraphs (B), (C), and (D))


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00149   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            150
                                                                        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-




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                                                   porting on the impacts of conges-




                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00150   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            151
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                                          CORDON.—For the purposes of clause

                                                                      25                                          (iii)(III), a corridor or cordon shall be


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00151   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            152
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                                                   with a speed limit of less than 50
                                                                      25                                                   miles per hour.


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00152   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            153
                                                                        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-




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                                          mentation of the plan will make sig-
                                                                      25                                          nificant progress toward bringing the


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00153   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            154
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                                          successor regulations), until the per-
                                                                      25                                          formance is no longer degraded.


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00154   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            155
                                                                        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;




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                                          ‘‘(vi) toll discounts or rebates for
                                                                      25                                  users of the toll facility that have no rea-


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00155   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            156
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                                          with subparagraph (A), and report the
                                                                      25                                          results of the audits to the Secretary.


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00156   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            157
                                                                        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:




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                         ‘‘(10)        INTEROPERABILITY                         OF          ELECTRONIC

                                                                      25               TOLL COLLECTION.—All toll facilities on Federal-aid



                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00157   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            158
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                                  any time before it is open to traffic.




                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00158   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            159
                                                                        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-




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24 tury (23 U.S.C. 129 note), and the item related to such




                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00159   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            160
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24 shall submit to Congress a report on the implementation
                                                                      25 of the interoperability of toll collection as required under


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00160   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            161
                                                                        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-




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                         trator’’;




                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00161   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            162
                                                                        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—




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                         (1) in subsection (a)—




                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00162   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            163
                                                                        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.—




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                         ‘‘(1) IN GENERAL.—Not later than 120 days
                                                                      25               after the submission of a request for a waiver, the


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00163   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            164
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24               determination that addresses all public comments re-
                                                                      25               ceived under paragraph (2)—


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00164   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            165
                                                                        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-




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                         tation.




                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00165   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            166
                                                                        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,




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24 the Secretary shall require recipients of assistance under
                                                                      25 title 23, United States Code, and title I of division B this


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00166   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            167
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                         (3) by adding at the end the following:




                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00167   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            168
                                                                        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’’;




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                                  (B) in subparagraph (B) by striking ‘‘and’’
                                                                      25                         at the end;


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00168   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            169
                                                                        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.




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                         (2) CERTIFIED CONTRACTOR.—The term ‘‘cer-
                                                                      25               tified contractor’’ means a contracting or subcon-


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00169   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            170
                                                                        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).




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00170   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            171
                                                                        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;




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                                          (iii) materials selection;
                                                                      25                                          (iv) cathodic protection;


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00171   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            172
                                                                        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.




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24               It is the sense of Congress that—




                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00172   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            173
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24 safety improvements.




                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00173   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            174
                                                                        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-




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24               tion 3 of the National Trails System Act (16 U.S.C.
                                                                      25               1242).


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00174   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            175
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24               new facilities on the National Highway System, con-
                                                                      25               sistent with subsection (d)(3).’’;


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00175   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            176
                                                                        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-




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                         way System to reduce greenhouse gas emissions
                                                                      25                         that are eligible under section 171, including


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00176   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            177
                                                                        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—




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                                  ‘‘(A) has demonstrated progress in achiev-
                                                                      25                         ing a state of good repair, as defined in the


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00177   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            178
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                         AND’’ after ‘‘STATE’’;




                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00178   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            179
                                                                        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.’’.




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00179   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            180
                                                                        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;




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00180   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            181
                                                                        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.




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                         ‘‘(2) INFRASTRUCTURE RESILIENCE AND ADAP-
                                                                      25               TATION.—No funds shall be obligated to a project



                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00181   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            182
                                                                        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-




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                         face transportation infrastructure asset consid-
                                                                      25                         ered critical to support population centers,


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00182   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            183
                                                                        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.—




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                         (1) AMENDMENTS TO TITLE 23.—


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00183   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            184
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                                          demand and increase the rates of pub-




                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00184   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            185
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                                          routes, assesses the ability of any
                                                                      25                                          such routes to provide safe passage


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00185   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            186
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                                  responsible for land use, housing, resil-




                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00186   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            187
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                                  conduct a vulnerability assessment to iden-
                                                                      25                                  tify opportunities to enhance the resilience


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00187   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            188
                                                                        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-




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                                          ment of vulnerabilities of critical
                                                                      25                                          transportation assets and systems to


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00188   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            189
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                                          and resilience improvement strategies
                                                                      25                                          that will inform the transportation in-


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00189   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            190
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00190   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            191
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                                  sources of greenhouse gas emissions per
                                                                      25                                  capita;


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00191   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            192
                                                                        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;




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                                          ‘‘(iii) identifies evacuation routes, as-
                                                                      25                                  sesses the ability of any such routes to pro-


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00192   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            193
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                         135(g)(5)(B) of title 23, United States Code, is
                                                                      25                         amended by adding at the end the following:


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00193   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            194
                                                                        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.




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00194   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            195
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                                  23);




                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00195   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            196
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                                  the Robert T. Stafford Disaster Relief and




                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00196   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            197
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24 States Code, is amended—




                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00197   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            198
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                                  by the Governor of the State with concur-
                                                                      25                                  rence by the Secretary, unless the Presi-


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00198   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            199
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                         all vehicular traffic by the State or responsible
                                                                      25                         local official because of imminent danger of col-


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00199   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            200
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24               construction obligation stage before the date that is




                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00200   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            201
                                                                        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.




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                         ‘‘(2) DISTRIBUTION OF FUNDS.—




                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00201   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            202
                                                                        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-




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                         ceed 5 percent of the amount described in sub-
                                                                      25                         paragraph (B).


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00202   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            203
                                                                        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.




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24               ‘‘(i) IMPROVING                   THE        EMERGENCY RELIEF PRO-
                                                                      25      GRAM.—Not later than 90 days after the date of enact-



                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00203   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            204
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                         ‘‘(4) develop and implement a process to
                                                                      25               track—


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00204   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            205
                                                                        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-




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                         ard passenger vehicle, without restrictive gates
                                                                      25                         or prohibitive signs or regulations, other than


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00205   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            206
                                                                        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-




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24               way crossings’’;
                                                                      25                         (2) in subsection (a)—


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00206   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            207
                                                                        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-




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                         cent of the cost share described in paragraph
                                                                      25                         (1) may be attributable to noncash contribu-


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00207   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            208
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                         construction of such project.’’;




                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00208   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            209
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                         and overpasses.




                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00209   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            210
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24               following:
                                                                      25               ‘‘(g) REPORT.—


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00210   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            211
                                                                        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-




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                         paragraph (A) shall include—




                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00211   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            212
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                         State’’ and inserting ‘‘Not later than 6 months




                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00212   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            213
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                              SEC. 1205. SURFACE TRANSPORTATION PROGRAM.

                                                                      24               (a) IN GENERAL.—Section 133 of title 23, United
                                                                      25 States Code, is amended—
                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00213   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            214
                                                                        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-




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24               lation of electric vehicle charging infrastructure.




                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00214   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            215
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                         paragraph (5); and




                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00215   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            216
                                                                        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:




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00216   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            217
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                                  2022 through 2025.




                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00217   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            218
                                                                        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-




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                         section in an efficient and expeditious manner
                                                                      25                         and reduce the period of time between the selec-


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00218   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            219
                                                                        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-




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                                  ganizations.’’;
                                                                      25                         (6) in subsection (e)(1)—


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00219   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            220
                                                                        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).




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                                  ‘‘(B) REDUCTION                      OF      EXPENDITURES.—

                                                                      25                         The Secretary, after consultation with State


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00220   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            221
                                                                        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,




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24               and is determined by the Secretary upon completion
                                                                      25               to be no longer a deficient bridge—


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00221   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            222
                                                                        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-




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24 ter 1 of title 23, United States Code, is amended by strik-




                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00222   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            223
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                         grant’’.


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00223   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS    H2
                                                                                                                            224
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24               aside an amount such that—




                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00224   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            225
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                         of this paragraph (after funds are made avail-
                                                                      25                         able under paragraph (5))—


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00225   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            226
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                                          State;




                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00226   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            227
                                                                        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-




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                         cans with Disabilities Act of 1990 (42 U.S.C.
                                                                      25                         12101 et seq.).


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00227   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            228
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00228   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            229
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                         148.




                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00229   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            230
                                                                        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;




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                                          ‘‘(iii) a transit agency;




                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00230   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            231
                                                                        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-




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24               REATIONAL TRAILS PROJECTS.—




                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00231   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            232
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                         under section 104 for any fiscal year.




                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00232   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            233
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                                  agencies, private entities, or nonprofit enti-
                                                                      25                                  ties.


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00233   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            234
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                                  the average annual non-Federal share
                                                                      25                                  under this subparagraph.


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00234   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            235
                                                                        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-




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                                          petition in compliance with the re-
                                                                      25                                          quirements of this subsection in such


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00235   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            236
                                                                        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—




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                                                   ‘‘(I) held a competition in compli-
                                                                      25                                          ance with the requirements of this


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00236   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            237
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                                  for funding for each fiscal year, including
                                                                      25                                  specifying the fiscal year for which the


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00237   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            238
                                                                        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)—




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                                  (A) in paragraph (2) by striking ‘‘Not
                                                                      25                         later than 2 years after the date of enactment


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00238   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            239
                                                                        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—




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                                          ‘‘(i) the number of bridges—
                                                                      25                                                   ‘‘(I) in poor condition; or


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00239   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            240
                                                                        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-




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                         graph (C), of the total funds apportioned to a
                                                                      25                         State under paragraphs (1) and (2) of section


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00240   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            241
                                                                        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.




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                                  ‘‘(E) ELIGIBLE                     PROJECTS.—Funds              re-
                                                                      25                         quired to be obligated in accordance with para-


                                                                                  HR 2 RDS

                                       VerDate Sep 11 2014   22:38 Jan 04, 2021   Jkt 019200   PO 00000   Frm 00241   Fmt 6652   Sfmt 6201   E:\BILLS\H2.RDS   H2
                                                                                                                            242
                                                                        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




TKELLEY on DSKBCP9HB2PROD with BILLS
                                                                      24                                          bridge and reduce preservation costs,




                                                                                  HR 2 RDS

Full text truncated for size; the complete document is in the PDF above.

File and source

File
BILLS_BILLS-116hr2rds_BILLS-116hr2rds.pdf
Size
4,437,242 bytes
SHA-256
6d035369db8c02da9bf010ad1a1b9d6f3aeeb578a33fa19e053af1c3a27c2044
Our copy
BILLS_BILLS-116hr2rds_BILLS-116hr2rds.pdf
Original
www.govinfo.gov
Back to top