H.R. 2, INVEST in America Act (June 26, 2020)
Summary
H. R. 2, Union Calendar No. 350, Report No. 116–437, is a bill to authorize funds for Federal-aid highways, highway safety programs, and transit programs, and for other purposes. It was introduced June 11, 2020 by Defazio (for himself, Norton, and Lipinski) and referred to the Committee on Transportation and Infrastructure; additional sponsors are listed under June 26, 2020. Section 1 provides that it may be cited as the INVEST in America Act. The table of contents begins with Division A, Federal Surface Transportation Programs for Fiscal Year 2021, and Division B, Surface Transportation, whose Title I covers Federal-Aid Highways.
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Cite this document
“H.R. 2, INVEST in America Act (June 26, 2020).”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-116hr2rh-bills-116hr2rh/
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IB
Union Calendar No. 350
116TH CONGRESS
2D SESSION
H. R. 2
[Report No. 116–437]
To authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 11, 2020
Mr. DEFAZIO (for himself, Ms. NORTON, and Mr. LIPINSKI) introduced the
following bill; which was referred to the Committee on Transportation
and Infrastructure
JUNE 26, 2020
Additional sponsors: Mr. PALLONE, Mr. NEAL, Ms. WATERS, Mrs. CAROLYN
B. MALONEY of New York, Mr. SCOTT of Virginia, Mr. GRIJALVA, Ms.
JACKSON LEE, Mr. RYAN, Mr. LOWENTHAL, Mr. WELCH, Mr. GARCÍA
of Illinois, Ms. WILSON of Florida, Mr. LYNCH, Mr. BROWN of Maryland,
Mr. GARAMENDI, Mr. CARBAJAL, Mr. DESAULNIER, Mr. MALINOWSKI,
Mrs. NAPOLITANO, Mr. COHEN, Mr. CARSON of Indiana, Ms. SHALALA,
Mr. RUPPERSBERGER, Ms. VELÁZQUEZ, Mr. ESPAILLAT, Mrs. HAYES,
Mr. HASTINGS, Ms. BROWNLEY of California, Mr. SWALWELL of Cali-
fornia, Mr. HUFFMAN, Ms. ADAMS, Mr. BEYER, Mr. SIRES, Ms.
MUCARSEL-POWELL, Mr. PAPPAS, Mr. CÁRDENAS, Mr. CICILLINE, Mr.
SABLAN, Ms. CRAIG, Mr. HIGGINS of New York, Mr. TRONE, Mr.
HORSFORD, Mr. ROUDA, Mr. JOHNSON of Georgia, Mr. PASCRELL, Mrs.
TRAHAN, Mrs. LAWRENCE, Ms. SCHAKOWSKY, Mr. BISHOP of Georgia,
Mr. TONKO, Mr. LARSON of Connecticut, Mr. MORELLE, Mr. CONNOLLY,
Mr. EVANS, Ms. FRANKEL, Ms. DAVIDS of Kansas, Mr. SUOZZI, Ms.
WASSERMAN SCHULTZ, Ms. CLARKE of New York, Mr. COURTNEY, Mr.
LUJÁN, Ms. DEAN, Ms. ROYBAL-ALLARD, Mr. CUELLAR, Mr. KILDEE,
Ms. BONAMICI, Mrs. DINGELL, Ms. UNDERWOOD, Mr. HECK, Ms.
BARRAGÁN, Mr. PRICE of North Carolina, Mr. LARSEN of Washington,
Mr. PAYNE, Mr. BLUMENAUER, Ms. MATSUI, Mr. MICHAEL F. DOYLE
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of Pennsylvania, Mr. DAVID SCOTT of Georgia, Ms. PLASKETT, Ms.
WILD, Mr. TAKANO, Mr. DANNY K. DAVIS of Illinois, Ms. MOORE, Mr.
CISNEROS, Mr. CLEAVER, Ms. SHERRILL, Mr. SARBANES, Mr. MFUME,
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Ms. JOHNSON of Texas, Mr. CASTEN of Illinois, Mr. RUSH, Mr. CART-
WRIGHT, Mr. CASE, Ms. BLUNT ROCHESTER, Mrs. BEATTY, Mr. LAN-
GEVIN, Mr. BRENDAN F. BOYLE of Pennsylvania, Mr. THOMPSON of
California, Ms. PORTER, Mr. RASKIN, Ms. ESHOO, Ms. DELAURO, Ms.
DELBENE, Mr. SCHNEIDER, Ms. SÁNCHEZ, Mr. KIM, Mr. NORCROSS,
Ms. CASTOR of Florida, Mr. ALLRED, Mr. MCNERNEY, Mr.
KRISHNAMOORTHI, Ms. FUDGE, Mr. YARMUTH, Mr. VELA, Mrs. WATSON
COLEMAN, Mr. HIMES, Ms. GARCIA of Texas, Mr. SEAN PATRICK MALO-
NEY of New York, Mr. GOTTHEIMER, Mr. STANTON, Mr. CORREA, Ms.
HAALAND, Mr. MCEACHIN, Ms. DEGETTE, Mr. MEEKS, Mr. PERL-
MUTTER, Mr. VEASEY, and Mr. LAMB
JUNE 26, 2020
Reported with an amendment; committed to the Committee of the Whole
House on the State of the Union and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on June 11, 2020]
A BILL
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,
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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
2 (a) SHORT TITLE.—This Act may be cited as the ‘‘In-
3 vesting in a New Vision for the Environment and Surface
4 Transportation in America Act’’ or the ‘‘INVEST in Amer-
5 ica Act’’.
6 (b) TABLE OF CONTENTS.—The table of contents for
7 this Act is as follows:
Sec. 1. Short title; table of contents.
DIVISION A—FEDERAL SURFACE TRANSPORTATION PROGRAMS FOR
FISCAL YEAR 2021
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. Definitions.
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.
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Subtitle B—Programmatic Infrastructure Investment
Sec. 1201. National highway performance program.
Sec. 1202. Increasing the resilience of transportation assets.
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Sec. 1203. Emergency relief.
Sec. 1204. Railway crossings.
Sec. 1205. Surface transportation program.
Sec. 1206. Transportation alternatives program.
Sec. 1207. Bridge investment.
Sec. 1208. Construction of ferry boats and ferry terminal facilities.
Sec. 1209. Highway safety improvement program.
Sec. 1210. Congestion mitigation and air quality improvement program.
Sec. 1211. Electric vehicle charging stations.
Sec. 1212. National highway freight program.
Sec. 1213. Carbon pollution reduction.
Sec. 1214. Recreational trails.
Sec. 1215. Safe routes to school program.
Sec. 1216. Bicycle transportation and pedestrian walkways.
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.
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Sec. 1603. Broadband infrastructure deployment.
Sec. 1604. Balance Exchanges for Infrastructure Program.
Sec. 1605. Stormwater best management practices.
Sec. 1606. Pedestrian facilities in the public right-of-way.
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Sec. 1607. Highway formula modernization report.
Sec. 1608. Consolidation of programs.
Sec. 1609. Student outreach report to Congress.
Sec. 1610. Task force on developing a 21st century surface transportation work-
force.
Sec. 1611. On-the-job training and supportive services.
Sec. 1612. Work zone safety.
Sec. 1613. Transportation education development program.
Sec. 1614. Working group on construction resources.
Sec. 1615. Numbering system of highway interchanges.
Sec. 1616. Toll credits.
Sec. 1617. Transportation construction materials procurement.
Sec. 1618. Construction of certain access and development roads.
Sec. 1619. Nationwide road safety assessment.
Sec. 1620. Wildlife crossings.
Sec. 1621. Climate resilient transportation infrastructure study.
Sec. 1622. Elimination of duplication of environmental reviews and approvals.
Sec. 1623. AMBER Alerts along major transportation routes.
Sec. 1624. Natural gas, electric battery, and zero emission vehicles.
Sec. 1625. Guidance on evacuation routes.
Sec. 1626. Prohibiting use of Federal funds for payments in support of congres-
sional campaigns.
Sec. 1627. High priority corridors on National Highway System.
Sec. 1628. Guidance on inundated and submerged roads.
Sec. 1629. Airport innovative financing techniques.
TITLE II—PUBLIC TRANSPORTATION
Subtitle A—Federal Transit Administration
Sec. 2101. Authorizations.
Sec. 2102. Chapter 53 definitions.
Sec. 2103. General provisions.
Sec. 2104. Miscellaneous provisions.
Sec. 2105. Policies and purposes.
Sec. 2106. Fiscal year 2022 formulas.
Sec. 2107. Metropolitan transportation planning.
Sec. 2108. Statewide and nonmetropolitan transportation planning.
Sec. 2109. Obligation limitation.
Sec. 2110. Public transportation emergency relief funds.
Sec. 2111. General provisions.
Sec. 2112. Certification requirements.
Subtitle B—Improving Frequency and Ridership
Sec. 2201. Multi-jurisdictional bus frequency and ridership competitive grants.
Sec. 2202. Incentivizing frequency in the urban formula.
Sec. 2203. Mobility innovation.
Sec. 2204. Formula grants for rural areas.
Sec. 2205. One-stop paratransit program.
Subtitle C—Buy America and Other Procurement Reforms
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Sec. 2301. Buy America.
Sec. 2302. Bus procurement streamlining.
Sec. 2303. Bus testing facility.
Sec. 2304. Repayment requirement.
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Sec. 2305. Definition of urbanized areas following a major disaster.
Sec. 2306. Special rule for certain rolling stock procurements.
Sec. 2307. Certification requirements.
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.
Subtitle I—Other Program Reauthorizations
Sec. 2901. Reauthorization for capital and preventive maintenance projects for
Washington Metropolitan Area Transit Authority.
Sec. 2902. Other apportionments.
Subtitle J—Streamlining
Sec. 2911. Fixed guideway capital investment grants.
Sec. 2912. Rural and small urban apportionment deadline.
Sec. 2913. Disposition of assets beyond useful life.
Sec. 2914. Innovative coordinated access and mobility.
Sec. 2915. Passenger ferry grants.
Sec. 2916. Evaluation of benefits and Federal investment.
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TITLE III—HIGHWAY TRAFFIC SAFETY
Sec. 3001. Authorization of appropriations.
Sec. 3002. Highway safety programs.
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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.
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. Dry bulk weight tolerance.
Subtitle B—Motor Carrier Safety Oversight
Sec. 4201. Motor carrier safety advisory committee.
Sec. 4202. Compliance, safety, accountability.
Sec. 4203. Terms and conditions for exemptions.
Sec. 4204. Safety fitness of motor carriers of passengers.
Sec. 4205. Providers of recreational activities.
Sec. 4206. Amendments to regulations relating to transportation of household
goods in interstate commerce.
Subtitle C—Commercial Motor Vehicle Driver Safety
Sec. 4301. Commercial driver’s license for passenger carriers.
Sec. 4302. Alcohol and controlled substances testing.
Sec. 4303. Entry-level driver training.
Sec. 4304. Driver detention time.
Sec. 4305. Truck Leasing Task Force.
Sec. 4306. Hours of service.
Sec. 4307. Driver recruitment.
Sec. 4308. Screening for obstructive sleep apnea.
Sec. 4309. Women of Trucking Advisory Board.
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.
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Sec. 4408. Updating the required amount of insurance for commercial motor ve-
hicles.
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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.
Subtitle B—Technology Deployment
Sec. 5201. Technology and innovation deployment program.
Sec. 5202. Accelerated implementation and deployment of pavement technologies.
Sec. 5203. Federal Highway Administration Every Day Counts initiative.
Subtitle C—Emerging Technologies
Sec. 5301. Safe, efficient mobility through advanced technologies.
Sec. 5302. Intelligent transportation systems program.
Sec. 5303. National highly automated vehicle and mobility innovation clearing-
house.
Sec. 5304. Study on safe interactions between automated vehicles and road users.
Sec. 5305. Nontraditional and Emerging Transportation Technology Council.
Sec. 5306. Hyperloop transportation.
Sec. 5307. Surface transportation workforce retraining grant program.
Sec. 5308. Third-party data integration pilot program.
Sec. 5309. Third-party data planning integration pilot program.
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. Certification on ensuring no human rights abuses.
TITLE VI—MULTIMODAL TRANSPORTATION
Sec. 6001. National multimodal freight policy.
Sec. 6002. National freight strategic plan.
Sec. 6003. National multimodal freight network.
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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.
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Sec. 6008. Local hire.
Sec. 6009. FTE cap.
Sec. 6010. Identification of COVID–19 testing needs of critical infrastructure em-
ployees.
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.
DIVISION D—RAIL
Sec. 9001. Short title.
TITLE I—AUTHORIZATIONS
Sec. 9101. Authorization of appropriations.
Sec. 9102. Passenger rail improvement, modernization, and expansion grants.
Sec. 9103. Consolidated rail infrastructure and safety improvement grants.
Sec. 9104. Railroad rehabilitation and improvement financing.
Sec. 9105. Buy America.
Sec. 9106. Rail network climate change vulnerability assessment.
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.
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Sec. 9216. Recreational trail access.
Sec. 9217. Investigation of substandard performance.
Sec. 9218. Amtrak cybersecurity enhancement grant program.
Sec. 9219. Amtrak and private cars.
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Sec. 9220. Amtrak Office of Community Outreach.
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 requests.
Sec. 9403. Chicago Union Station improvement plans.
TITLE V—RAIL SAFETY
Subtitle A—Passenger and Freight Safety
Sec. 9501. National Academies study on safety impact of trains longer than 7,500
feet.
Sec. 9502. GAO study on changes in freight railroad operating and scheduling
practices.
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 cross-
ings.
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.
DIVISION E—ADDITIONAL PROGRAMS
Sec. 10001. National scenic byways program.
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1 DIVISION A—FEDERAL SURFACE
2 TRANSPORTATION PRO-
3 GRAMS FOR FISCAL YEAR 2021
4 SEC. 101. EXTENSION OF FEDERAL SURFACE TRANSPOR-
5 TATION PROGRAMS.
6 (a) EXTENSION OF FEDERAL SURFACE TRANSPOR-
7 TATION PROGRAMS.—
8 (1) IN GENERAL.—Except as otherwise provided
9 in this division, the requirements, authorities, condi-
10 tions, eligibilities, limitations, and other provisions
11 authorized under the covered laws, which would other-
12 wise expire on or cease to apply after September 30,
13 2020, are incorporated by reference and shall con-
14 tinue in effect through September 30, 2021.
15 (2) AUTHORIZATION OF APPROPRIATIONS.—
16 (A) HIGHWAY TRUST FUND.—
17 (i) HIGHWAY ACCOUNT.—
18 (I) IN GENERAL.—Except as pro-
19 vided in subclause (II), there is author-
20 ized to be appropriated from the High-
21 way Account for fiscal year 2021, for
22 each program under the covered laws
23 with respect to which amounts are au-
24 thorized to be appropriated from such
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25 account for fiscal year 2020, an
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1 amount equal to the amount author-
2 ized for appropriation with respect to
3 the program from such account for fis-
4 cal year 2020.
5 (II) ADMINISTRATIVE EX-
6 PENSES.—Notwithstanding any other
7 provision of this division, there is au-
8 thorized to be appropriated from the
9 Highway Account for fiscal year
10 2021—
11 (aa) $502,897,049 for admin-
12 istrative expenses of the Federal
13 Highway Administration, as de-
14 scribed in section 104(a) of title
15 23, United States Code; and
16 (bb) $30,086,000 for grant
17 administrative expenses of the Na-
18 tional Highway Traffic Safety
19 Administration, as described in
20 section 4001(a)(6) of the FAST
21 Act (Public Law 114–94).
22 (ii) MASS TRANSIT ACCOUNT.—There
23 is authorized to be appropriated from the
24 Mass Transit Account for fiscal year 2021,
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25 for each program under the covered laws
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1 with respect to which amounts are author-
2 ized to be appropriated from such account
3 for fiscal year 2020, an amount equal to the
4 amount authorized for appropriation with
5 respect to the program from such account
6 for fiscal year 2020.
7 (B) GENERAL FUND.—
8 (i) IN GENERAL.—Except as provided
9 in clause (ii), there is authorized to be ap-
10 propriated for fiscal year 2021, for each
11 program with respect to which amounts are
12 authorized to be appropriated for fiscal year
13 2020 from an account other than the High-
14 way Account or the Mass Transit Account
15 under the titles described in subsection
16 (b)(1), an amount not less than the amount
17 authorized for appropriation with respect to
18 the program under such titles for fiscal year
19 2020.
20 (ii) ADMINISTRATIVE EXPENSES.—Not-
21 withstanding any other provision of this di-
22 vision, there is authorized to be appro-
23 priated from the general fund of the Treas-
24 ury for fiscal year 2021 $140,016,543 for
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14
1 administrative expenses of the Federal
2 Transit Administration.
3 (3) USE OF FUNDS.—Except as otherwise pro-
4 vided in this division, amounts authorized to be ap-
5 propriated for fiscal year 2021 with respect to a pro-
6 gram under paragraph (2) shall be distributed, ad-
7 ministered, limited, and made available for obligation
8 in the same manner as amounts authorized to be ap-
9 propriated with respect to the program for fiscal year
10 2020 under the covered laws.
11 (4) OBLIGATION LIMITATION.—
12 (A) IN GENERAL.—Except as provided in
13 subparagraph (B), a program for which amounts
14 are authorized to be appropriated under para-
15 graph (2)(A) shall be subject to a limitation on
16 obligations for fiscal year 2021 in the same
17 amount and in the same manner as the limita-
18 tion applicable with respect to the program for
19 fiscal year 2020 under the Department of Trans-
20 portation Appropriations Act, 2020 (Public Law
21 116–94), as in effect on December 20, 2019.
22 (B) FEDERAL-AID HIGHWAY AND HIGHWAY
23 SAFETY CONSTRUCTION PROGRAMS.—
24 (i) IN GENERAL.—Notwithstanding
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25 any other provision of this division, section
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1 1102 of the FAST Act (Public Law 114–
2 94), or the Department of Transportation
3 Appropriations Act, 2020 (Public Law 116–
4 94), for fiscal year 2021, the obligations for
5 Federal-aid highway and highway safety
6 construction programs shall not exceed
7 $46,387,191,360.
8 (ii) LIMITATION ON FEDERAL HIGHWAY
9 ADMINISTRATION ADMINISTRATIVE EX-
10 PENSES.—Notwithstanding any other provi-
11 sion of this division, of the amount de-
12 scribed in clause (i), for fiscal year 2021 an
13 amount not to exceed $478,897,049, together
14 with advances and reimbursements received
15 by the Federal Highway Administration,
16 shall be obligated for necessary expenses for
17 administration and operation of the Federal
18 Highway Administration.
19 (b) DEFINITIONS.—In this section, the term ‘‘covered
20 laws’’ means the following:
21 (1) Titles I, III, IV, V, and VI of division A of
22 the FAST Act (Public Law 114–94).
23 (2) Division A, division B, subtitle A of title I
24 and title II of division C, and division E of MAP–
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25 21 (Public Law 112–141).
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1 (3) Titles I, II, and III of the SAFETEA–LU
2 Technical Corrections Act of 2008 (Public Law 110–
3 244).
4 (4) Titles I, II, III, IV, V, and VI of SAFETEA–
5 LU (Public Law 109–59).
6 (5) Titles I, II, III, IV, and V of the Transpor-
7 tation Equity Act for the 21st Century (Public Law
8 105–178).
9 (6) Titles II, III, and IV of the National High-
10 way System Designation Act of 1995 (Public Law
11 104–59).
12 (7) Title I, part A of title II, title III, title IV,
13 title V, and title VI of the Intermodal Surface Trans-
14 portation Efficiency Act of 1991 (Public Law 102–
15 240).
16 (8) Title 23, United States Code.
17 (9) Sections 116, 117, 330, and 5505 and chap-
18 ters 53, 139, 303, 311, 313, 701, and 702 of title 49,
19 United States Code.
20 SEC. 102. FEDERAL HIGHWAY ADMINISTRATION.
21 (a) ADDITIONAL AMOUNTS.—
22 (1) AUTHORIZATION OF APPROPRIATIONS.—
23 (A) IN GENERAL.—In addition to amounts
24 authorized under section 101, there is authorized
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1 for fiscal year 2021, for activities under this sec-
2 tion, $14,742,808,640.
3 (B) CONTRACT AUTHORITY.—Amounts au-
4 thorized to be appropriated under subparagraph
5 (A) shall be available for obligation as if appor-
6 tioned under chapter 1 of title 23, United States
7 Code.
8 (2) OBLIGATION CEILING.—
9 (A) IN GENERAL.—Notwithstanding any
10 other provision of law, for fiscal year 2021, obli-
11 gations for activities authorized under para-
12 graph (1) shall not exceed $14,742,808,640.
13 (B) DISTRIBUTION OF OBLIGATION AUTHOR-
14 ITY.—
15 (i) IN GENERAL.—Of the obligation au-
16 thority provided under subparagraph (A),
17 the Secretary shall make available to States,
18 Tribes, Puerto Rico, the territories, and
19 Federal land management agencies, during
20 the period of fiscal year 2021, amounts of
21 obligation authority equal to the amounts
22 described in subparagraphs (A) through (E)
23 of paragraph (3), respectively.
24 (ii) FURTHER DISTRIBUTION.—Each
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1 tory, and each Federal land management
2 agency receiving funds under subpara-
3 graphs (A) through (E) of paragraph (3),
4 respectively, shall receive an amount of obli-
5 gation authority equal to the funds that it
6 receives under any of such subparagraphs.
7 (C) REDISTRIBUTION OF UNUSED OBLIGA-
8 TION AUTHORITY.—
9 (i) IN GENERAL.—Notwithstanding
10 subparagraph (B), the Secretary shall, after
11 August 1 of fiscal year 2021—
12 (I) revise a distribution of the ob-
13 ligation authority made available
14 under subparagraph (B) if an amount
15 distributed cannot be obligated during
16 that fiscal year; and
17 (II) redistribute sufficient
18 amounts to those States able to obligate
19 amounts in addition to those pre-
20 viously distributed during that fiscal
21 year, giving priority to those States
22 having large unobligated balances of
23 funds apportioned under sections 144
24 (as in effect on the day before the date
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1 112–141)) and 104 of title 23, United
2 States Code.
3 (ii) ADMINISTRATION.—The Secretary
4 shall administer a redistribution under
5 clause (i) of obligation authority provided
6 under subparagraph (B) in a similar man-
7 ner as the standard August redistribution.
8 (iii) USE OF OBLIGATION AUTHOR-
9 ITY.—A State may use obligation authority
10 that it receives pursuant to this subpara-
11 graph in the same manner that it uses obli-
12 gation authority that it receives as part of
13 the standard August redistribution.
14 (3) DISTRIBUTION OF FUNDS.—Amounts author-
15 ized to be appropriated for fiscal year 2021 under
16 paragraph (1) shall be distributed as follows:
17 (A) $14,384,629,710 to the States.
18 (B) $167,481,814 to Tribes.
19 (C) $52,400,251 to Puerto Rico.
20 (D) $13,929,181 to the territories.
21 (E) $124,367,684 to Federal land manage-
22 ment agencies.
23 (4) STATE FUNDS.—
24 (A) DISTRIBUTION.—
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1 (i) IN GENERAL.—Amounts made
2 available under paragraph (3)(A) shall be
3 distributed among the States in the same
4 ratio as total State apportionments under
5 section 104(c)(1) of title 23, United States
6 Code, in fiscal year 2020.
7 (ii) SUBALLOCATION.—
8 (I) IN GENERAL.—Amounts dis-
9 tributed among the States under clause
10 (i) shall be suballocated within the
11 State to an area described in subclause
12 (II) in the proportion that—
13 (aa) the total amount of
14 funds suballocated to such area of
15 the State as described in such sub-
16 clause for fiscal year 2020; bears
17 to
18 (bb) the total amount of
19 funds apportioned to the State for
20 the Federal-aid highway program
21 under section 104 of title 23,
22 United States Code, for fiscal year
23 2020.
24 (II) AREAS DESCRIBED.—The
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1 (aa) urbanized areas of the
2 State with an urbanized area
3 population of over 200,000;
4 (bb) areas of the State other
5 than urban areas with a popu-
6 lation greater than 5,000; and
7 (cc) other areas of the State.
8 (B) TREATMENT.—Except as otherwise pro-
9 vided in this paragraph, amounts made avail-
10 able under paragraph (3)(A) shall be adminis-
11 tered as if apportioned under chapter 1 of title
12 23, United States Code.
13 (C) USE OF FUNDS.—Amounts made avail-
14 able under paragraph (3)(A) may be obligated
15 for—
16 (i) eligible projects described in section
17 133(b) of title 23, United States Code, sub-
18 ject to section 133(c) of such title; and
19 (ii) administrative expenses, including
20 salaries and benefits, of—
21 (I) the State department of trans-
22 portation;
23 (II) a local transportation agency;
24 or
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1 (III) a metropolitan planning or-
2 ganization.
3 (5) TRIBAL FUNDS.—
4 (A) TREATMENT.—
5 (i) IN GENERAL.—Except as otherwise
6 provided in this paragraph, amounts made
7 available under paragraph (3)(B) shall be
8 administered as if made available under
9 section 202 of title 23, United States Code.
10 (ii) NONAPPLICABILITY OF CERTAIN
11 PROVISIONS OF LAW.—Subsections (a)(6),
12 (c), (d), and (e) of section 202 of title 23,
13 United States Code, shall not apply to
14 amounts made available under paragraph
15 (3)(B).
16 (B) USE OF FUNDS.—Amounts made avail-
17 able under paragraph (3)(B) may be obligated
18 for—
19 (i) activities eligible under section
20 202(a)(1) of title 23, United States Code;
21 and
22 (ii) transportation-related administra-
23 tive expenses, including salaries and bene-
24 fits, of the Tribe.
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1 (6) FUNDS FOR PUERTO RICO AND THE TERRI-
2 TORIES.—
3 (A) TREATMENT.—
4 (i) IN GENERAL.—Except as otherwise
5 provided in this paragraph, amounts made
6 available under paragraphs (3)(C) and
7 (3)(D) shall be administered as if allocated
8 under sections 165(b) and 165(c), respec-
9 tively, of title 23, United States Code.
10 (ii) NONAPPLICABILITY OF CERTAIN
11 PROVISIONS OF LAW.—Section 165(b)(2) of
12 title 23, United States Code, shall not apply
13 to amounts made available to Puerto Rico
14 under paragraph (3)(C).
15 (B) USE OF FUNDS.—
16 (i) PUERTO RICO.—Amounts made
17 available to Puerto Rico under paragraph
18 (3)(C) may be obligated for—
19 (I) activities eligible under chap-
20 ter 1 of title 23, United States Code;
21 and
22 (II) transportation related admin-
23 istrative expenses, including salaries
24 and benefits.
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1 (ii) TERRITORIES.—Amounts made
2 available to a territory under paragraph
3 (3)(D) may be obligated for—
4 (I) activities eligible under section
5 165(c)(6) of title 23, United States
6 Code, subject to section 165(c)(7) of
7 such title; and
8 (II) transportation-related admin-
9 istrative expenses, including salaries
10 and benefits.
11 (7) FEDERAL LAND MANAGEMENT AGENCY
12 FUNDS.—
13 (A) DISTRIBUTION.—Amounts made avail-
14 able under paragraph (3)(E) shall be distributed
15 among the Federal land management agencies as
16 follows:
17 (i) $99,494,147 for the National Park
18 Service.
19 (ii) $9,949,415 for the United States
20 Fish and Wildlife Service.
21 (iii) $6,301,296 for the United States
22 Forest Service.
23 (iv) $8,622,826 to be allocated to the
24 applicable Federal land management agen-
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1 cies as described in section 203(b) of title
2 23, United States Code.
3 (B) TREATMENT.—Amounts made available
4 under paragraph (3)(E) shall be administered as
5 if made available under section 203 of title 23,
6 United States Code.
7 (8) DISADVANTAGED BUSINESS ENTERPRISES.—
8 Section 1101(b) of the FAST Act (Public Law 114–
9 94) shall apply to additional amounts made available
10 under paragraph (1).
11 (b) SPECIAL RULES FOR FISCAL YEAR 2021.—
12 (1) SUBALLOCATED AMOUNTS.—
13 (A) USE OF FUNDS.—Amounts authorized
14 to be appropriated for fiscal year 2021 with re-
15 spect to a program under section 101(a)(2)(A)
16 that are suballocated pursuant to section
17 133(d)(1)(A) of title 23, United States Code,
18 may be obligated for—
19 (i) eligible projects as described in sec-
20 tion 133(b) of title 23, United States Code;
21 or
22 (ii) administrative expenses, including
23 salaries and benefits, of—
24 (I) a local transportation agency;
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25 or
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1 (II) a metropolitan planning or-
2 ganization.
3 (B) OBLIGATION AUTHORITY.—
4 (i) IN GENERAL.—A State that is re-
5 quired to obligate in an urbanized area
6 with an urbanized area population of over
7 200,000 individuals under section 133(d) of
8 title 23, United States Code, funds appor-
9 tioned to the State under section 104(b)(2)
10 of such title shall make available during the
11 period of fiscal years 2016 through 2021 an
12 amount of obligation authority distributed
13 to the State for Federal-aid highways and
14 highway safety construction programs for
15 use in the area that is equal to the amount
16 obtained by multiplying—
17 (I) the aggregate amount of funds
18 that the State is required to obligate in
19 the area under section 133(d) of title
20 23, United States Code, during the pe-
21 riod; and
22 (II) the ratio that—
23 (aa) the aggregate amount of
24 obligation authority distributed to
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1 ways and highway safety con-
2 struction programs during the pe-
3 riod; bears to
4 (bb) the total of the sums ap-
5 portioned to the State for Federal-
6 aid highways and highway safety
7 construction programs (excluding
8 sums not subject to an obligation
9 limitation) during the period.
10 (ii) JOINT RESPONSIBILITY.—Each
11 State, each affected metropolitan planning
12 organization, and the Secretary shall jointly
13 ensure compliance with clause (i).
14 (2) FERRY BOAT PROGRAM.—Amounts author-
15 ized to be appropriated for fiscal year 2021 with re-
16 spect to a program under section 101(a)(2)(A) that
17 are made available for the construction of ferry boats
18 and ferry terminal facilities under section 147 of title
19 23, United States Code, may be obligated—
20 (A) in accordance with sections 129(c) and
21 147 of title 23, United States Code;
22 (B) for administrative expenses, including
23 salaries and benefits, of a ferry boat operator or
24 ferry terminal facility operator eligible for Fed-
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1 eral participation under section 129(c) of title
2 23, United States Code; and
3 (C) for operating costs associated with a
4 ferry boat or ferry terminal facility eligible for
5 Federal participation under section 129(c) of
6 title 23, United States Code.
7 (3) NATIONALLY SIGNIFICANT FREIGHT AND
8 HIGHWAY PROJECTS.—In fiscal year 2021, the pro-
9 gram carried out under section 117 of title 23, United
10 States Code, shall, in addition to any otherwise ap-
11 plicable requirements, be subject to the following pro-
12 visions:
13 (A) MULTIMODAL PROJECTS.—Notwith-
14 standing subsection (d)(2)(A) of such section, the
15 limitation for projects described in such sub-
16 section shall be $600,000,000 for fiscal years
17 2016 through 2021.
18 (B) ADDITIONAL CONSIDERATIONS.—Not-
19 withstanding subsection (h)(2) of such section,
20 the Secretary shall not consider the utilization of
21 non-Federal contributions.
22 (C) EVALUATION AND RATING.—To evaluate
23 applications for funding under such section, the
24 Secretary shall—
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1 (i) determine whether a project is eligi-
2 ble for a grant under such section;
3 (ii) evaluate, through a methodology
4 that is discernible and transparent to the
5 public, how each application addresses the
6 merit criteria established by the Secretary;
7 (iii) assign a quality rating for each
8 merit criteria for each application based on
9 the evaluation under clause (ii);
10 (iv) ensure that applications receive
11 final consideration by the Secretary to re-
12 ceive an award under such section only on
13 the basis of such quality ratings and that
14 the Secretary gives final consideration only
15 to applications that meet the minimally ac-
16 ceptable level for each of the merit criteria;
17 and
18 (v) award grants only to projects rated
19 highly under the evaluation and rating
20 process.
21 (D) PUBLICATION AND METHODOLOGY.—In
22 any published notice of funding opportunity for
23 a grant under such section, the Secretary shall
24 include detailed information on the rating meth-
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1 odology and merit criteria to be used to evaluate
2 applications.
3 (E) REPEAT APPLICATIONS.—
4 (i) BRIEFING.—The Secretary shall
5 provide to each applicant that applied for,
6 but did not receive, funding under such sec-
7 tion in fiscal year 2019 or 2020, at the re-
8 quest of the applicant, the opportunity to
9 receive a briefing to—
10 (I) explain any reasons the appli-
11 cation was not selected for funding;
12 and
13 (II) advise the applicant on how
14 to improve the application for resub-
15 mission in fiscal year 2021 under the
16 application criteria described in this
17 paragraph.
18 (ii) SUPPLEMENTARY APPLICATION.—
19 (I) IN GENERAL.—An applicant
20 for funding under such section may
21 elect to resubmit an application from a
22 previous solicitation with a supple-
23 mentary appendix that describes how
24 the proposed project meets the require-
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1 ments of section 117 of title 23, United
2 States Code, and this paragraph.
3 (II) REQUIREMENTS.—The Sec-
4 retary shall ensure that applications
5 submitted under subclause (I), includ-
6 ing the supplementary appendix, are
7 evaluated based on such requirements.
8 (F) CONGRESSIONAL NOTIFICATION.—A no-
9 tification submitted pursuant to subsection (m)
10 of such section shall include—
11 (i) a summary of each application sub-
12 mitted and, at the request of either Com-
13 mittee, a copy of any application sub-
14 mitted;
15 (ii) a list of any projects the Secretary
16 determined were not eligible for funding;
17 (iii) a description of the specific cri-
18 teria used for each evaluation, including the
19 quality rating assigned for each eligible ap-
20 plication submitted;
21 (iv) a list of all projects that advanced
22 to the Secretary for consideration; and
23 (v) a detailed justification of the basis
24 for each award proposed to be selected.
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25 (c) FEDERAL SHARE.—
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1 (1) IN GENERAL.—Except as provided in para-
2 graph (3) and notwithstanding section 120 of title 23,
3 United States Code, or any other provision of this di-
4 vision, the Federal share associated with funds de-
5 scribed in paragraph (2) that are obligated during
6 fiscal year 2021 may be up to 100 percent.
7 (2) FUNDS DESCRIBED.—The funds described in
8 this paragraph are funds made available for the im-
9 plementation or execution of Federal-aid highway
10 and highway safety construction programs authorized
11 under title 23 or 49, United States Code, the FAST
12 Act (Public Law 114–94), or this division.
13 (3) EXCEPTIONS.—Paragraph (1) shall not
14 apply to amounts obligated under section 115 or 117
15 of title 23, United States Code, or chapter 6 of such
16 title.
17 (d) ADMINISTRATIVE EXPENSES.—
18 (1) SELF-CERTIFICATION AND AUDIT.—
19 (A) IN GENERAL.—Prior to the obligation of
20 funds for administrative expenses pursuant to
21 paragraph (4)(C)(ii), (5)(B)(ii), (6)(B)(i)(II), or
22 (6)(B)(ii)(II) of subsection (a) or paragraphs
23 (1)(A)(ii) and (2)(B) of subsection (b), a State,
24 a Tribe, Puerto Rico, or a territory, as applica-
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25 ble, shall certify to the Secretary that such ad-
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1 ministrative expenses meet the requirements of
2 such paragraphs, as applicable.
3 (B) AUDIT.—The Secretary may conduct an
4 audit to review obligations of funds and liquida-
5 tion of such obligations for eligible administra-
6 tive expenses described under subparagraph (A).
7 (2) PLANNING.—Notwithstanding any other pro-
8 vision of law, administrative expenses described in
9 paragraph (1)(A) shall not be required to be included
10 in a metropolitan transportation plan, a long-range
11 statewide transportation plan, a transportation im-
12 provement program, or a statewide transportation
13 improvement program under sections 134 or 135 of
14 title 23, United States Code, or chapter 53 of title 49,
15 United States Code, as applicable.
16 (e) DEFINITIONS.—In this section, the following defini-
17 tions apply:
18 (1) STANDARD AUGUST REDISTRIBUTION.—The
19 term ‘‘standard August redistribution’’ means the re-
20 distribution of obligation authority that the Secretary
21 is directed to administer under—
22 (A) section 1102(d) of the FAST Act (Pub-
23 lic Law 114–94); or
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1 (B) any Act making appropriations for the
2 Department of Transportation for fiscal year
3 2021.
4 (2) STATE.—The term ‘‘State’’ means the 50
5 States and the District of Columbia.
6 (3) TERRITORY.—The term ‘‘territory’’ means
7 any of the following territories of the United States:
8 (A) American Samoa.
9 (B) The Commonwealth of the Northern
10 Mariana Islands.
11 (C) Guam.
12 (D) The United States Virgin Islands.
13 (4) URBAN AREA; URBANIZED AREA.—The terms
14 ‘‘urban area’’ and ‘‘urbanized area’’ have the mean-
15 ings given such terms in section 101 of title 23,
16 United States Code.
17 SEC. 103. FEDERAL TRANSIT ADMINISTRATION.
18 (a) ADDITIONAL AMOUNTS.—
19 (1) AUTHORIZATION OF APPROPRIATIONS FROM
20 MASS TRANSIT ACCOUNT.—
21 (A) IN GENERAL.—In addition to amounts
22 authorized under section 101, there is authorized
23 to be appropriated from the Mass Transit Ac-
24 count for fiscal year 2021, for activities under
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25 this section, $5,794,851,538.
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1 (B) APPORTIONMENT.—Amounts authorized
2 under subparagraph (A) shall be apportioned in
3 accordance with section 5310, section 5311 (other
4 than subsections (b)(3), (c)(1)(A), and (c)(2) of
5 such section), section 5336 (other than subsection
6 (h)(4) of such section), section 5337, and section
7 5340 of title 49, United States Code, except that
8 funds apportioned under section 5337 of such
9 title shall be added to funds apportioned under
10 section 5307 of such title for administration
11 under section 5307 of such title.
12 (C) ALLOCATION.—The Secretary shall allo-
13 cate the amounts authorized to be appropriated
14 to sections 5307, 5310, 5311, 5337, and 5340 of
15 title 49, United States Code, among such sections
16 in the same ratio as funds are provided in the
17 fiscal year 2020 appropriations.
18 (D) OBLIGATION LIMITATION.—Notwith-
19 standing any other provision of law, for fiscal
20 year 2021, obligations for activities authorized
21 under this paragraph shall not exceed
22 $5,794,851,538.
23 (2) AUTHORIZATION OF APPROPRIATIONS FROM
24 GENERAL FUND.—In addition to amounts authorized
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36
1 under section 101(a)(1)(B), there is authorized to be
2 appropriated from the general fund of the Treasury—
3 (A) $958,000,000 to carry out section 5309
4 of title 49, United States Code; and
5 (B) such sums as may be necessary to be
6 made available as described in subsection (c) and
7 that such sums shall be designated by the Con-
8 gress as being for an emergency requirement pur-
9 suant to section 251(b)(2)(A)(i) of the Balanced
10 Budget and Emergency Deficit Control Act of
11 1985.
12 (3) DISADVANTAGED BUSINESS ENTERPRISES.—
13 Section 1101(b) of the FAST Act (Public Law 114–
14 94) shall apply to additional amounts made available
15 under this subsection.
16 (b) SPECIAL RULES FOR FISCAL YEAR 2021.—
17 (1) USE OF FUNDS.—Notwithstanding
18 5307(a)(1) of title 49, United States Code, amounts
19 made available under subsection (a)(1)(A) may be ob-
20 ligated for—
21 (A) operating expenses, including, begin-
22 ning on January 20, 2020—
23 (i) reimbursement for operating costs
24 to maintain service and offset lost revenue,
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1 including the purchase of personal protec-
2 tive equipment; and
3 (ii) paying the administrative leave of
4 operations personnel due to reductions in
5 service; and
6 (B) any other activity eligible under section
7 5307, 5310, 5311, or 5337 of title 49, United
8 States Code.
9 (2) CONDITIONS.—Recipients use of funds under
10 paragraph (1) shall—
11 (A) not require that operating expenses de-
12 scribed in paragraph (1)(A) be included in a
13 metropolitan transportation plan, long-range
14 statewide transportation plan, a transportation
15 improvement program, or a statewide transpor-
16 tation improvement program;
17 (B) meet the requirements of section 5333 of
18 title 49, United States Code; and
19 (C) to the maximum extent possible, be di-
20 rected to payroll and public transit service, un-
21 less the recipient certifies to the Secretary that
22 such recipient has not furloughed any employees.
23 (3) OVERSIGHT.—
24 (A) Of the amounts made available to carry
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1 oversight in section 5338(f)(1) of title 49, United
2 States Code, shall apply to the allocations of
3 funds in subsection (a)(1)(C).
4 (B) USE OF FUNDS.—Amounts made avail-
5 able under subsection (a)(1)(A) shall be available
6 for administrative expenses and program man-
7 agement oversight as authorized under sections
8 5334 and 5338(f)(2) of title 49, United States
9 Code.
10 (4) ADMINISTRATION OF GRANTS.—Amounts
11 made available under subsection (a)(1)(A) shall be
12 administered, at the option of the recipient, as grants
13 provided under the CARES Act (Public Law 116–
14 136) are administered.
15 (c) CIG COVID–19 EMERGENCY RELIEF PROGRAM.—
16 (1) IN GENERAL.—From amounts made avail-
17 able under subsection (a)(2)(B) and notwithstanding
18 section 5309(k)(2)(C)(ii), section 5309(a)(7)(B), or
19 section 5309(l)(1)(B)(ii) of title 49, United States
20 Code, at the request of a project sponsor, the Secretary
21 shall use such sums as may be necessary to provide
22 an additional 30 percent of total project costs for any
23 project under—
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1 (A) 5309(d) of title 49, United States Code,
2 that has been approved for advancement into the
3 engineering phase;
4 (B) 5309(e) of title 49, United States Code,
5 that has entered into the project development
6 phase or approved for advancement into the en-
7 gineering phase;
8 (C) subsection (d) or (e) of section 5309 of
9 title 49, United States Code, that has a full
10 funding grant agreement entered into under ei-
11 ther such subsection after January 1, 2017; and
12 (D) section 5309(h) of title 49, United
13 States Code, that the Federal Transit Adminis-
14 tration has a small starts grant award or agree-
15 ment entered into after January, 1, 2017, or that
16 has been recommended by the Administration for
17 an allocation of capital investment funds that
18 were appropriated in fiscal year 2018, 2019, or
19 2020.
20 (2) PROJECT ELIGIBILITY.—From amounts made
21 available under subsection (a)(2)(B), the Secretary
22 shall use such sums as may be necessary for projects
23 under section 5309 of title 49, United States Code,
24 that—
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1 (A) are not eligible for funds made available
2 under paragraph (1); and
3 (B) have remaining scheduled Federal funds
4 to be appropriated under a full funding grant
5 agreement under such section.
6 (3) DEFERRED LOCAL SHARE.—The Secretary
7 shall allow a project sponsor to defer payment of the
8 local share for any project described in paragraphs
9 (1) and (2).
10 (4) TOTAL PROJECT COST.—In this subsection,
11 the term ‘‘total project cost’’ means the most recent
12 total project cost stipulated in—
13 (A) the full funding grant agreement;
14 (B) the approval into project engineering;
15 (C) the project rating for a project not yet
16 approved into project engineering;
17 (D) the small starts grant or grant agree-
18 ment; or
19 (E) the project rating for a small starts
20 project that has not yet been awarded a grant or
21 grant agreement.
22 (5) FEDERAL SHARE.—The Federal share of the
23 costs of a project under this subsection may not exceed
24 80 percent.
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1 (6) APPLICATION OF LAW.—For purposes of
2 paragraph (1), the Secretary shall apply section
3 7001(b) of this Act when providing the additional 30
4 percent of total project costs to any project that meets
5 the criteria in such section.
6 (d) FEDERAL SHARE.—
7 (1) IN GENERAL.—Notwithstanding chapter 53
8 of title 49, United States Code, or any other provision
9 of this division, the Federal share associated with
10 funds described in paragraph (2) that are obligated
11 during fiscal year 2021 may be up to 100 percent.
12 (2) FUNDS DESCRIBED.—The funds described in
13 this paragraph are funds made available for the im-
14 plementation of transit programs authorized by chap-
15 ter 53 of title 49, United States Code, the FAST Act
16 (Public Law 114–94), or this division, excluding
17 funds made available to projects under section 5309
18 of title 49, United States Code.
19 (e) CONDITION FOR APPORTIONMENT.—No funds au-
20 thorized in this division or any other Act may be used to
21 adjust Mass Transit Account apportionments or withhold
22 funds from Mass Transit Account apportionments pursuant
23 to section 9503(e)(4) of the Internal Revenue Code of 1986
24 in fiscal year 2021.
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1 SEC. 104. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINIS-
2 TRATION.
3 (a) SPECIAL FUNDING FOR FISCAL YEAR 2021.—
4 (1) IN GENERAL.—
5 (A) AUTHORIZATION OF APPROPRIA-
6 TIONS.—In addition to amounts authorized
7 under section 101, there is authorized to be ap-
8 propriated from the Highway Account for fiscal
9 year 2021, for activities under this subsection,
10 $244,514,000.
11 (B) CONTRACT AUTHORITY.—Amounts au-
12 thorized under subparagraph (A) shall be avail-
13 able for obligation in the same manner as if such
14 funds were apportioned under chapter 1 of title
15 23, United States Code.
16 (C) OBLIGATION LIMITATION.—Notwith-
17 standing any other provision of law, for fiscal
18 year 2021, obligations for activities authorized
19 under this paragraph and obligations for activi-
20 ties authorized under section
21 101(a)(2)(A)(i)(II)(bb) that exceed amounts au-
22 thorized under section 4001(a)(6) of the FAST
23 Act (Public Law 114–94) shall not exceed
24 $247,783,000.
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1 (2) DISTRIBUTION OF FUNDS.—Amounts author-
2 ized to be appropriated for fiscal year 2021 under
3 paragraph (1) shall be distributed as follows:
4 (A) $105,000,000 for carrying out section
5 402 of title 23, United States Code.
6 (B) $15,312,000 for carrying out section
7 403 of title 23, United States Code.
8 (C) $19,202,000 for carrying out section
9 404 of title 23, United States Code.
10 (D) $105,000,000 for carrying out section
11 405 of title 23, United States Code.
12 (b) SPECIAL RULES FOR FISCAL YEAR 2021.—
13 (1) FEDERAL SHARE.—Notwithstanding sections
14 120, 405(b)(2), 405(c)(2), 405(d)(2) and 405(h)(2) of
15 title 23, United States Code, the Federal share of ac-
16 tivities for fiscal year 2021 carried out under chapter
17 4 of title 23, United States Code and section 1906 of
18 SAFETEA–LU (23 U.S.C. 402 note) shall be 100
19 percent.
20 (2) PERIOD OF AVAILABILITY.—Notwithstanding
21 section 118(b) of title 23, United States Code, funds
22 apportioned or allocated to a State in fiscal years
23 2017 and 2018 under sections 402 and 405 of title 23,
24 United States Code, and section 1906 of SAFETEA–
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25 LU (23 U.S.C. 402 note), shall remain available for
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1 obligation in that State for a period of 4 years after
2 the last day of the fiscal year for which the funds are
3 authorized. Notwithstanding any other provision of
4 law, this paragraph shall apply as if such paragraph
5 was enacted on September 30, 2020.
6 (3) MAINTENANCE OF EFFORT.—Notwith-
7 standing section 405(a)(9) of title 23, United States
8 Code, the Secretary may waive the maintenance of ef-
9 fort requirements under such section for fiscal year
10 2021 for a State, if the Secretary determines appro-
11 priate.
12 (4) IN-VEHICLE ALCOHOL DETECTION DEVICE
13 RESEARCH.—In carrying out subsection (h) of section
14 403 of title 23, United States Code, the Secretary may
15 obligate from funds made available to carry out such
16 section for fiscal year 2021 not more than $5,312,000
17 to conduct the research described in paragraph (1) of
18 such subsection.
19 (5) COOPERATIVE RESEARCH AND EVALUA-
20 TION.—Notwithstanding the apportionment formula
21 set forth in section 402(c)(2) of title 23, United States
22 Code, and section 403(f)(1) of title 23, United States
23 Code, $2,500,000 of the total amount available for ap-
24 portionment to the States for highway safety pro-
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1 States Code, for each of fiscal years 2016 through
2 2021, shall be available for expenditure by the Sec-
3 retary, acting through the Administrator of the Na-
4 tional Highway Traffic Safety Administration, for a
5 cooperative research and evaluation program to re-
6 search and evaluate priority highway safety counter-
7 measures. This paragraph shall apply as if such
8 paragraph was enacted on October 1, 2015.
9 SEC. 105. FEDERAL MOTOR CARRIER SAFETY ADMINISTRA-
10 TION.
11 (a) SPECIAL FUNDING FOR FISCAL YEAR 2021.—
12 (1) AUTHORIZATION OF APPROPRIATIONS.—
13 (A) IN GENERAL.—In addition to amounts
14 authorized under section 101, there is authorized
15 to be appropriated from the Highway Account
16 for fiscal year 2021, for activities under this sub-
17 section, $209,900,000.
18 (B) OBLIGATION LIMITATION.—Notwith-
19 standing any other provision of law, for fiscal
20 year 2021, obligations for activities authorized
21 under this paragraph shall not exceed
22 $209,900,000.
23 (2) DISTRIBUTION OF FUNDS.—Amounts author-
24 ized to be appropriated for fiscal year 2021 under
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1 (A) Subject to section 31104(c) of title 49,
2 United States Code—
3 (i) $80,512,000 for carrying out sec-
4 tion 31102 (except subsection (l)) of title 49,
5 United States Code);
6 (ii) $14,208,000 for carrying out sec-
7 tion 31102(l) of title 49, United States
8 Code; and
9 (iii) $23,680,000 for carrying out sec-
10 tion 31313 of title 49, United States Code.
11 (B) $91,500,000 for carrying out section
12 31110 of title 49, United States Code.
13 (3) TREATMENT OF FUNDS.—Except as provided
14 in subsection (b), amounts made available under this
15 section shall be made available for obligation and ad-
16 ministered as if made available under chapter 311 of
17 title 49, United States Code.
18 (b) SPECIAL RULES FOR FISCAL YEAR 2021.—
19 (1) FINANCIAL ASSISTANCE AGREEMENTS FED-
20 ERAL SHARE.—Notwithstanding chapter 311 of title
21 49, United States Code, or any regulations adopted
22 pursuant to such chapter, for the duration of fiscal
23 year 2021 with respect to all financial assistance
24 made available under subsection (a) and section 101,
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1 (A) reimburse recipients under section
2 31104(b)(2) of title 49, United States Code, in
3 an amount that is 100 percent of the costs de-
4 scribed in such section; and
5 (B) waive the maintenance of effort require-
6 ment under 31102(f) of title 49, United States
7 Code, for all States without requiring States to
8 request a waiver.
9 (2) FINANCIAL ASSISTANCE AGREEMENTS PERIOD
10 OF AVAILABILITY.—Notwithstanding section 31104(f)
11 of title 49, United States Code, the Secretary shall ex-
12 tend the periods of availability described in such sec-
13 tion by 1 year.
14 (3) ADMINISTRATIVE EXPENSES.—The Adminis-
15 trator of the Federal Motor Carrier Safety Adminis-
16 tration shall ensure that funds made available under
17 subsection (a)(2)(B) are used, to the maximum extent
18 practicable, to support—
19 (A) the acceleration of planned investments
20 to modernize the Administration’s information
21 technology and information management sys-
22 tems;
23 (B) the completion of outstanding statutory
24 mandates required by MAP–21 (112–141) and
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25 the FAST Act (114–94); and
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1 (C) a Large Truck Crash Causal Factors
2 Study of the Administration.
3 SEC. 106. DEFINITIONS.
4 In this division, the following definitions apply:
5 (1) HIGHWAY ACCOUNT.—The term ‘‘Highway
6 Account’’ means the portion of the Highway Trust
7 Fund that is not the Mass Transit Account.
8 (2) MASS TRANSIT ACCOUNT.—The term ‘‘Mass
9 Transit Account’’ means the portion of the Highway
10 Trust Fund established under section 9503(e)(1) of
11 the Internal Revenue Code of 1986.
12 (3) SECRETARY.—The term ‘‘Secretary’’ means
13 the Secretary of Transportation.
14 DIVISION B—SURFACE
15 TRANSPORTATION
16 SEC. 1001. APPLICABILITY OF DIVISION.
17 (a) APPLICABILITY.—This division, including the
18 amendments made by this division, applies beginning on
19 October 1, 2021.
20 (b) REFERENCE TO DATE OF ENACTMENT.—In this di-
21 vision and the amendments made by this division, any ref-
22 erence to—
23 (1) the date of enactment of this Act;
24 (2) the date of enactment of a provision of this
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1 (3) the date of enactment of a provision added
2 to law by an amendment made by this division; or
3 (4) the date of enactment of the INVEST in
4 America Act added to law by an amendment made by
5 this division,
6 shall be treated as a reference to October 1, 2021.
7 (c) EXCEPTION FOR IMMEDIATE APPLICATION.—Sub-
8 sections (a) and (b) shall not apply to section 1105 and
9 the amendments made by such section.
10 TITLE I—FEDERAL-AID
11 HIGHWAYS
12 Subtitle A—Authorizations and
13 Program Conditions
14 SEC. 1101. AUTHORIZATION OF APPROPRIATIONS.
15 (a) IN GENERAL.—The following amounts are author-
16 ized to be appropriated out of the Highway Trust Fund
17 (other than the Mass Transit Account):
18 (1) FEDERAL-AID HIGHWAY PROGRAM.—For the
19 national highway performance program under section
20 119 of title 23, United States Code, the pre-disaster
21 mitigation program under section 124 of such title,
22 the railway crossings program under section 130 of
23 such title, the surface transportation program under
24 section 133 of such title, the highway safety improve-
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1 gestion mitigation and air quality improvement pro-
2 gram under section 149 of such title, the national
3 highway freight program under section 167 of such
4 title, the carbon pollution reduction program under
5 section 171 of such title, and metropolitan planning
6 under section 134 of such title—
7 (A) $55,022,048,429 for fiscal year 2022;
8 (B) $55,980,646,776 for fiscal year 2023;
9 (C) $57,095,359,712 for fiscal year 2024;
10 and
11 (D) $58,118,666,186 for fiscal year 2025.
12 (2) TRANSPORTATION INFRASTRUCTURE FINANCE
13 AND INNOVATION PROGRAM.—For credit assistance
14 under the transportation infrastructure finance and
15 innovation program under chapter 6 of title 23,
16 United States Code, $300,000,000 for each of fiscal
17 years 2022 through 2025.
18 (3) CONSTRUCTION OF FERRY BOATS AND FERRY
19 TERMINAL FACILITIES.—For construction of ferry
20 boats and ferry terminal facilities under section 147
21 of title 23, United States Code, $120,000,000 for each
22 of fiscal years 2022 through 2025.
23 (4) FEDERAL LANDS AND TRIBAL TRANSPOR-
24 TATION PROGRAMS.—
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1 (A) TRIBAL TRANSPORTATION PROGRAM.—
2 For the tribal transportation program under sec-
3 tion 202 of title 23, United States Code,
4 $800,000,000 for each of fiscal years 2022
5 through 2025.
6 (B) FEDERAL LANDS TRANSPORTATION PRO-
7 GRAM.—
8 (i) IN GENERAL.—For the Federal
9 lands transportation program under section
10 203 of title 23, United States Code,
11 $550,000,000 for each of fiscal years 2022
12 through 2025.
13 (ii) ALLOCATION.—Of the amount
14 made available for a fiscal year under
15 clause (i)—
16 (I) the amount for the National
17 Park Service is $400,000,000 for each
18 of fiscal years 2022 through 2025;
19 (II) the amount for the United
20 States Fish and Wildlife Service is
21 $50,000,000 for each of fiscal years
22 2022 through 2025; and
23 (III) the amount for the United
24 States Forest Service is $50,000,000
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1 for each of fiscal years 2022 through
2 2025.
3 (C) FEDERAL LANDS ACCESS PROGRAM.—
4 For the Federal lands access program under sec-
5 tion 204 of title 23, United States Code,
6 $345,000,000 for each of fiscal years 2022
7 through 2025.
8 (D) FEDERAL LANDS AND TRIBAL MAJOR
9 PROJECTS GRANTS.—To carry out section 208 of
10 title 23, United States Code, $400,000,000 for
11 each of fiscal years 2022 through 2025.
12 (5) TERRITORIAL AND PUERTO RICO HIGHWAY
13 PROGRAM.—For the territorial and Puerto Rico high-
14 way program under section 165 of title 23, United
15 States Code, $310,000,000 for each of fiscal years
16 2022 through 2025.
17 (6) PROJECTS OF NATIONAL AND REGIONAL SIG-
18 NIFICANCE.—For projects of national and regional
19 significance under section 117 of title 23, United
20 States Code—
21 (A) $2,200,000,000 for fiscal year 2022;
22 (B) $2,200,000,000 for fiscal year 2023;
23 (C) $2,300,000,000 for fiscal year 2024; and
24 (D) $2,350,000,000 for fiscal year 2025.
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1 (7) COMMUNITY TRANSPORTATION INVESTMENT
2 GRANTS.—To carry out section 173 of title 23, United
3 States Code, $600,000,000 for each of fiscal years
4 2022 through 2025.
5 (8) ELECTRIC VEHICLE CHARGING, NATURAL GAS
6 FUELING, PROPANE FUELING, AND HYDROGEN FUEL-
7 ING INFRASTRUCTURE GRANTS.—To carry out section
8 151(f) of title 23, United States Code, $350,000,000
9 for each of fiscal years 2022 through 2025.
10 (9) COMMUNITY CLIMATE INNOVATION GRANTS.—
11 To carry out section 172 of title 23, United States
12 Code, $250,000,000 for each of fiscal years 2022
13 through 2025.
14 (b) ADDITIONAL PROGRAMS.—
15 (1) IN GENERAL.—The following amounts are
16 authorized to be appropriated out of the Highway
17 Trust Fund (other than the Mass Transit Account):
18 (A) GRIDLOCK REDUCTION GRANT PRO-
19 GRAM.—To carry out section 1306 of this Act,
20 $250,000,000 for fiscal year 2022.
21 (B) REBUILD RURAL GRANT PROGRAM.—To
22 carry out section 1307 of this Act, $250,000,000
23 for fiscal year 2022.
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1 (C) PARKING FOR COMMERCIAL MOTOR VE-
2 HICLES.—To carry out section 1308 of this Act,
3 $250,000,000 for fiscal year 2023.
4 (D) ACTIVE TRANSPORTATION
5 CONNECTIVITY GRANT PROGRAM.—To carry out
6 section 1309 of this Act, $250,000,000 for fiscal
7 year 2024.
8 (E) METRO PERFORMANCE PROGRAM.—To
9 carry out section 1305 of this Act, $250,000,000
10 for each of fiscal years 2023 through 2025.
11 (2) TREATMENT OF FUNDS.—Amounts made
12 available under subparagraphs (B) through (D) of
13 paragraph (1) shall be administered as if apportioned
14 under chapter 1 of title 23, United States Code.
15 (c) DISADVANTAGED BUSINESS ENTERPRISES.—
16 (1) FINDINGS.—Congress finds that—
17 (A) despite the real improvements caused by
18 the disadvantaged business enterprise program,
19 minority- and women-owned businesses across
20 the country continue to confront serious and sig-
21 nificant obstacles to success caused by race and
22 gender discrimination in the federally assisted
23 surface transportation market and related mar-
24 kets across the United States;
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1 (B) the continuing race and gender dis-
2 crimination described in subparagraph (A) mer-
3 its the continuation of the disadvantaged busi-
4 ness enterprise program;
5 (C) recently, the disparities cause by dis-
6 crimination against African American, His-
7 panic American, Asian American, Native Amer-
8 ican, and women business owners have been fur-
9 ther exacerbated by the coronavirus pandemic
10 and its disproportionate effects on minority- and
11 women-owned businesses across the nation;
12 (D) Congress has received and reviewed tes-
13 timony and documentation of race and gender
14 discrimination from numerous sources, including
15 congressional hearings and other investigative
16 activities, scientific reports, reports issued by
17 public and private agencies at every level of gov-
18 ernment, news reports, academic publications,
19 reports of discrimination by organizations and
20 individuals, and discrimination lawsuits, which
21 continue to demonstrate that race- and gender-
22 neutral efforts alone are insufficient to address
23 the problem;
24 (E) the testimony and documentation de-
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1 discrimination across the United States poses an
2 injurious and enduring barrier to full and fair
3 participation in surface transportation-related
4 businesses of women business owners and minor-
5 ity business owners and has negatively affected
6 firm formation, development and success in
7 many aspects of surface transportation-related
8 business in the public and private markets; and
9 (F) the testimony and documentation de-
10 scribed in subparagraph (D) provide a clear pic-
11 ture of the inequality caused by discrimination
12 that continues to plague our nation and a strong
13 basis that there is a compelling need for the con-
14 tinuation of the disadvantaged business enter-
15 prise program to address race and gender dis-
16 crimination in surface transportation-related
17 business.
18 (2) DEFINITIONS.—In this subsection, the fol-
19 lowing definitions apply:
20 (A) SMALL BUSINESS CONCERN.—
21 (i) IN GENERAL.—The term ‘‘small
22 business concern’’ means a small business
23 concern (as the term is used in section 3 of
24 the Small Business Act (15 U.S.C. 632)).
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1 (ii) EXCLUSIONS.—The term ‘‘small
2 business concern’’ does not include any con-
3 cern or group of concerns controlled by the
4 same socially and economically disadvan-
5 taged individual or individuals that have
6 average annual gross receipts during the
7 preceding 3 fiscal years in excess of
8 $26,290,000, as adjusted annually by the
9 Secretary of Transportation for inflation.
10 (B) SOCIALLY AND ECONOMICALLY DIS-
11 ADVANTAGED INDIVIDUALS.—The term ‘‘socially
12 and economically disadvantaged individuals’’
13 has the meaning given the term in section 8(d)
14 of the Small Business Act (15 U.S.C. 637(d))
15 and relevant subcontracting regulations issued
16 pursuant to that Act, except that women shall be
17 presumed to be socially and economically dis-
18 advantaged individuals for purposes of this sub-
19 section.
20 (3) AMOUNTS FOR SMALL BUSINESS CON-
21 CERNS.—Except to the extent that the Secretary of
22 Transportation determines otherwise, not less than 10
23 percent of the amounts made available for any pro-
24 gram under titles I, II, V, and VII of this division
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25 and section 403 of title 23, United States Code, shall
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1 be expended through small business concerns owned
2 and controlled by socially and economically disadvan-
3 taged 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) in
8 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 Trans-
22 portation shall establish minimum uniform cri-
23 teria for use by State governments in certifying
24 whether a concern qualifies as a small business
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1 (B) INCLUSIONS.—The minimum uniform
2 criteria established under subparagraph (A) shall
3 include, with respect to a potential small busi-
4 ness concern—
5 (i) on-site visits;
6 (ii) personal interviews with personnel;
7 (iii) issuance or inspection of licenses;
8 (iv) analyses of stock ownership;
9 (v) listings of equipment;
10 (vi) analyses of bonding capacity;
11 (vii) listings of work completed;
12 (viii) examination of the resumes of
13 principal owners;
14 (ix) analyses of financial capacity;
15 and
16 (x) analyses of the type of work pre-
17 ferred.
18 (6) REPORTING.—The Secretary of Transpor-
19 tation shall establish minimum requirements for use
20 by State governments in reporting to the Secretary—
21 (A) information concerning disadvantaged
22 business enterprise awards, commitments, and
23 achievements; and
24 (B) such other information as the Secretary
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1 itoring of the disadvantaged business enterprise
2 program.
3 (7) COMPLIANCE WITH COURT ORDERS.—Noth-
4 ing in this subsection limits the eligibility of an indi-
5 vidual or entity to receive funds made available
6 under titles I, II, V, and VII of this division and sec-
7 tion 403 of title 23, United States Code, if the entity
8 or person is prevented, in whole or in part, from com-
9 plying with paragraph (3) because a Federal court
10 issues a final order in which the court finds that a
11 requirement or the implementation of paragraph (3)
12 is unconstitutional.
13 (8) SENSE OF CONGRESS ON PROMPT PAYMENT
14 OF DBE SUBCONTRACTORS.—It is the sense of Con-
15 gress that—
16 (A) the Secretary of Transportation should
17 take additional steps to ensure that recipients
18 comply with section 26.29 of title 49, Code of
19 Federal Regulations (the disadvantaged business
20 enterprises prompt payment rule), or any cor-
21 responding regulation, in awarding federally
22 funded transportation contracts under laws and
23 regulations administered by the Secretary; and
24 (B) such additional steps should include in-
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1 ability to track and keep records of complaints
2 and to make that information publicly available.
3 (d) LIMITATION ON FINANCIAL ASSISTANCE FOR
4 STATE-OWNED ENTERPRISES.—
5 (1) IN GENERAL.—Funds provided under this
6 section may not be used in awarding a contract, sub-
7 contract, grant, or loan to an entity that is owned or
8 controlled by, is a subsidiary of, or is otherwise re-
9 lated legally or financially to a corporation based in
10 a country that—
11 (A) is identified as a nonmarket economy
12 country (as defined in section 771(18) of the
13 Tariff Act of 1930 (19 U.S.C. 1677(18))) as of
14 the date of enactment of this Act;
15 (B) was identified by the United States
16 Trade Representative in the most recent report
17 required by section 182 of the Trade Act of 1974
18 (19 U.S.C. 2242) as a priority foreign country
19 under subsection (a)(2) of that section; and
20 (C) is subject to monitoring by the Trade
21 Representative under section 306 of the Trade
22 Act of 1974 (19 U.S.C. 2416).
23 (2) EXCEPTION.—For purposes of subparagraph
24 (A), the term ‘‘otherwise related legally or finan-
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1 cially’’ does not include a minority relationship or
2 investment.
3 (3) INTERNATIONAL AGREEMENTS.—This para-
4 graph shall be applied in a manner consistent with
5 the obligations of the United States under inter-
6 national agreements.
7 SEC. 1102. OBLIGATION LIMITATION.
8 (a) GENERAL LIMITATION.—Subject to subsection (e),
9 and notwithstanding any other provision of law, the obliga-
10 tions for Federal-aid highway and highway safety construc-
11 tion programs shall not exceed—
12 (1) $62,159,350,954 for fiscal year 2022;
13 (2) $63,121,354,776 for fiscal year 2023;
14 (3) $64,346,443,712 for fiscal year 2024; and
15 (4) $65,180,125,186 for fiscal year 2025.
16 (b) EXCEPTIONS.—The limitations under subsection
17 (a) shall not apply to obligations under or for—
18 (1) section 125 of title 23, United States Code;
19 (2) section 147 of the Surface Transportation As-
20 sistance Act of 1978 (23 U.S.C. 144 note; 92 Stat.
21 2714);
22 (3) section 9 of the Federal-Aid Highway Act of
23 1981 (95 Stat. 1701);
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1 (4) subsections (b) and (j) of section 131 of the
2 Surface Transportation Assistance Act of 1982 (96
3 Stat. 2119);
4 (5) subsections (b) and (c) of section 149 of the
5 Surface Transportation and Uniform Relocation As-
6 sistance Act of 1987 (101 Stat. 198);
7 (6) sections 1103 through 1108 of the Intermodal
8 Surface Transportation Efficiency Act of 1991 (Pub-
9 lic Law 102–240);
10 (7) section 157 of title 23, United States Code
11 (as in effect on June 8, 1998);
12 (8) section 105 of title 23, United States Code
13 (as in effect for fiscal years 1998 through 2004, but
14 only in an amount equal to $639,000,000 for each of
15 those fiscal years);
16 (9) Federal-aid highway programs for which ob-
17 ligation authority was made available under the
18 Transportation Equity Act for the 21st Century (112
19 Stat. 107) or subsequent Acts for multiple years or to
20 remain available until expended, but only to the ex-
21 tent that the obligation authority has not lapsed or
22 been used;
23 (10) section 105 of title 23, United States Code
24 (as in effect for fiscal years 2005 through 2012, but
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1 only in an amount equal to $639,000,000 for each of
2 those fiscal years);
3 (11) section 1603 of SAFETEA–LU (23 U.S.C.
4 118 note; 119 Stat. 1248), to the extent that funds ob-
5 ligated in accordance with that section were not sub-
6 ject to a limitation on obligations at the time at
7 which the funds were initially made available for ob-
8 ligation;
9 (12) section 119 of title 23, United States Code
10 (as in effect for fiscal years 2013 through 2015, but
11 only in an amount equal to $639,000,000 for each of
12 those fiscal years);
13 (13) section 119 of title 23, United States Code
14 (but, for fiscal years 2016 through 2021, only in an
15 amount equal to $639,000,000 for each of those fiscal
16 years);
17 (14) section 203 of title 23, United States Code
18 (but, for fiscal years 2022 through 2025, only in an
19 amount equal to $550,000,000 for each of those fiscal
20 years); and
21 (15) section 133(d)(1)(B) of title 23, United
22 States Code (but, for fiscal years 2022 through 2025,
23 only in an amount equal to $89,000,000 for each of
24 those fiscal years).
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1 (c) DISTRIBUTION OF OBLIGATION AUTHORITY.—Sub-
2 ject to paragraph (1)(B), for each of fiscal years 2022
3 through 2025, the Secretary of Transportation—
4 (1)(A) shall not distribute obligation authority
5 provided by subsection (a) for the fiscal year for—
6 (i) amounts authorized for administrative
7 expenses and programs by section 104(a) of title
8 23, United States Code;
9 (ii) amounts authorized for the Bureau of
10 Transportation Statistics;
11 (iii) amounts authorized for the tribal
12 transportation program under section 202 of
13 title 23, United States Code; and
14 (iv) amounts authorized for the territorial
15 and Puerto Rico highway program under section
16 165(a) of title 23, United States Code; and
17 (B) for each of fiscal years 2023 through 2025,
18 in addition to the amounts described in subparagraph
19 (A), shall not distribute obligation authority provided
20 by subsection (a) for the fiscal year for amounts au-
21 thorized for the metro performance program under
22 section 1305 of this Act;
23 (2) shall not distribute an amount of obligation
24 authority provided by subsection (a) that is equal to
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1 (A) made available from the Highway Trust
2 Fund (other than the Mass Transit Account) for
3 Federal-aid highway and highway safety con-
4 struction programs for previous fiscal years, the
5 funds for which are allocated by the Secretary
6 (or apportioned by the Secretary under section
7 202 or 204 of title 23, United States Code); and
8 (B) for which obligation authority was pro-
9 vided in a previous fiscal year;
10 (3) shall determine the proportion that—
11 (A) the obligation authority provided by
12 subsection (a) for the fiscal year, less the aggre-
13 gate of amounts not distributed under para-
14 graphs (1) and (2) of this subsection; bears to
15 (B) the total of—
16 (i) the sums authorized to be appro-
17 priated for the Federal-aid highway and
18 highway safety construction programs, other
19 than sums authorized to be appropriated
20 for—
21 (I) provisions of law described in
22 paragraphs (1) through (13) of sub-
23 section (b);
24 (II) section 203 of title 23, United
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1 ferred to in subsection (b)(14) for the
2 fiscal year; and
3 (III) section 133(d)(1)(B) of title
4 23, United States Code, equal to the
5 amount referred to in subsection
6 (b)(15) for the fiscal year; less
7 (ii) the aggregate of the amounts not
8 distributed under paragraphs (1) and (2) of
9 this subsection;
10 (4) shall distribute the obligation authority pro-
11 vided by subsection (a), less the aggregate amounts
12 not distributed under paragraphs (1) and (2), for
13 each of the programs (other than programs to which
14 paragraph (1) applies) that are allocated by the Sec-
15 retary under this Act and title 23, United States
16 Code, or apportioned by the Secretary under section
17 202 or 204 of such title, by multiplying—
18 (A) the proportion determined under para-
19 graph (3); by
20 (B) the amounts authorized to be appro-
21 priated for each such program for the fiscal year;
22 and
23 (5) shall distribute the obligation authority pro-
24 vided by subsection (a), less the aggregate amounts
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1 amounts distributed under paragraph (4), for Fed-
2 eral-aid highway and highway safety construction
3 programs that are apportioned by the Secretary
4 under title 23, United States Code (other than the
5 amounts apportioned for the surface transportation
6 program in section 133(d)(1)(B) of title 23, United
7 States Code, that are exempt from the limitation
8 under subsection (b)(15) and the amounts appor-
9 tioned under sections 202 and 204 of such title) in the
10 proportion that—
11 (A) amounts authorized to be appropriated
12 for the programs that are apportioned under title
13 23, United States Code, to each State for the fis-
14 cal year; bears to
15 (B) the total of the amounts authorized to
16 be appropriated for the programs that are ap-
17 portioned under title 23, United States Code, to
18 all States for the fiscal year.
19 (d) REDISTRIBUTION OF UNUSED OBLIGATION AU-
20 THORITY.—Notwithstanding subsection (c), the Secretary of
21 Transportation shall, after August 1 of each of fiscal years
22 2022 through 2025—
23 (1) revise a distribution of the obligation author-
24 ity made available under subsection (c) if an amount
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1 distributed cannot be obligated during that fiscal
2 year; and
3 (2) redistribute sufficient amounts to those States
4 able to obligate amounts in addition to those pre-
5 viously distributed during that fiscal year, giving pri-
6 ority to those States having large unobligated bal-
7 ances of funds apportioned under section 104 of title
8 23, United States Code.
9 (e) SPECIAL LIMITATION.—
10 (1) IN GENERAL.—Except as provided in para-
11 graph (2), obligation limitations imposed by sub-
12 section (a) shall apply to contract authority for—
13 (A) transportation research programs car-
14 ried out under chapter 5 of title 23, United
15 States Code, and title V of this Act; and
16 (B) the metro performance program under
17 section 1305 of this Act.
18 (2) EXCEPTION.—Obligation authority made
19 available under paragraph (1) shall—
20 (A) remain available for a period of 4 fiscal
21 years; and
22 (B) be in addition to the amount of any
23 limitation imposed on obligations for Federal-
24 aid highway and highway safety construction
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1 (f) LOP-OFF.—
2 (1) IN GENERAL.—Not later than 30 days after
3 the date of distribution of obligation authority under
4 subsection (c) for each of fiscal years 2022 through
5 2025, the Secretary of Transportation shall distribute
6 to the States any funds that—
7 (A) are authorized to be appropriated for
8 the fiscal year for Federal-aid highway pro-
9 grams; and
10 (B) the Secretary determines will not be al-
11 located to the States (or will not be apportioned
12 to the States under section 204 of title 23,
13 United States Code), and will not be available
14 for obligation, for the fiscal year because of the
15 imposition of any obligation limitation for the
16 fiscal year.
17 (2) RATIO.—Funds shall be distributed under
18 paragraph (1) in the same proportion as the distribu-
19 tion of obligation authority under subsection (c)(5).
20 (3) AVAILABILITY.—Funds distributed to each
21 State under paragraph (1) shall be available for any
22 purpose described in section 133(b) of title 23, United
23 States Code.
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1 SEC. 1103. DEFINITIONS AND DECLARATION OF POLICY.
2 Section 101 of title 23, United States Code, is amend-
3 ed—
4 (1) in subsection (a)—
5 (A) by redesignating paragraphs (1), (2),
6 (3), (4), (5), (6), (7), (8), (9), (10), (11), (12),
7 (13), (14), (15), (16), (17), (18), (19), (20), (21),
8 (22), (23), (24), (25), (26), (27), (28), (29), (30),
9 (31), (32), (33), and (34) as paragraphs (2), (3),
10 (4), (6), (8), (10), (11), (12), (13), (14), (16),
11 (17), (18), (19), (20), (21), (23), (24), (25), (26),
12 (28), (29), (32), (33), (34), (35), (36), (37), (38),
13 (40), (41), (42), (43), and (44), respectively;
14 (B) by inserting before paragraph (2), as so
15 redesignated, the following:
16 ‘‘(1) ADAPTATION.—The term ‘adaptation’
17 means an adjustment in natural or human systems
18 in anticipation of, or in response to, a changing envi-
19 ronment in a way that moderates negative effects of
20 extreme events or climate change.’’;
21 (C) by inserting after paragraph (4), as so
22 redesignated, the following:
23 ‘‘(5) CLIMATE CHANGE.—The term ‘climate
24 change’ means any significant change in the measures
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25 of climate lasting for an extended period of time, and
26 may include major changes in temperature, precipita-
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1 tion, wind patterns, or sea level, among others, that
2 occur over several decades or longer.’’;
3 (D) in paragraph (6)(A), as so redesig-
4 nated, by inserting ‘‘assessing resilience,’’ after
5 ‘‘surveying,’’;
6 (E) by inserting after paragraph (6), as so
7 redesignated, the following:
8 ‘‘(7) CONTEXT SENSITIVE DESIGN PRINCIPLES.—
9 The term ‘context sensitive design principles’ means
10 principles for the design of a public road that—
11 ‘‘(A) provides for the safe and adequate ac-
12 commodation, in all phases of project planning,
13 design, and development, transportation facili-
14 ties for users, including pedestrians, bicyclists,
15 public transportation users, children, older indi-
16 viduals, individuals with disabilities, motorists,
17 and freight vehicles; and
18 ‘‘(B) considers the context in which the fa-
19 cility is planned to be constructed to determine
20 the appropriate facility design.’’;
21 (F) by inserting after paragraph (8), as so
22 redesignated, the following:
23 ‘‘(9) EVACUATION ROUTE.—The term ‘evacuation
24 route’ means a transportation route or system that—
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25 ‘‘(A) is used to transport—
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1 ‘‘(i) the public away from an emer-
2 gency event; or
3 ‘‘(ii) first responders and recovery re-
4 sources in the event of an emergency; and
5 ‘‘(B) is identified, consistent with sections
6 134(i)(2)(I)(iii) and 135(f)(10)(C)(iii), by the el-
7 igible entity with jurisdiction over the area in
8 which the route is located for the purposes de-
9 scribed in subparagraph (A).’’;
10 (G) by inserting after paragraph (14), as so
11 redesignated, the following:
12 ‘‘(15) GREENHOUSE GAS.—The term ‘greenhouse
13 gas’ has the meaning given the term in section
14 211(o)(1)(G) of the Clean Air Act (42 U.S.C.
15 7545(o)(1)(G)).’’;
16 (H) by inserting after paragraph (21), as so
17 redesignated, the following:
18 ‘‘(22) NATURAL INFRASTRUCTURE.—
19 ‘‘(A) IN GENERAL.—The term ‘natural in-
20 frastructure’ means infrastructure that uses, re-
21 stores, or emulates natural ecological processes
22 that—
23 ‘‘(i) is created through the action of
24 natural physical, geological, biological, and
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1 ‘‘(ii) is created by human design, engi-
2 neering, and construction to emulate or act
3 in concert with natural processes; or
4 ‘‘(iii) involves the use of plants, soils,
5 and other natural features, including
6 through the creation, restoration, or preser-
7 vation of vegetated areas using materials
8 appropriate to the region to manage
9 stormwater and runoff, to attenuate flood-
10 ing and storm surges, and for other related
11 purposes.
12 ‘‘(B) INCLUSION.—The term ‘natural infra-
13 structure’ includes green infrastructure and na-
14 ture-based solutions.’’;
15 (I) by inserting after paragraph (26), as so
16 redesignated, the following:
17 ‘‘(27) PROTECTIVE FEATURE.—
18 ‘‘(A) IN GENERAL.—The term ‘protective
19 feature’ means an improvement to a highway or
20 bridge designed to increase resilience or mitigate
21 the risk of recurring damage or the cost of future
22 repairs from climate change effects, extreme
23 events, seismic activity, or any other natural
24 disaster.
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1 ‘‘(B) INCLUSIONS.—The term ‘protective
2 feature’ includes—
3 ‘‘(i) raising roadway grades;
4 ‘‘(ii) relocating roadways to higher
5 ground above projected flood elevation levels
6 or away from slide prone areas;
7 ‘‘(iii) stabilizing slide areas;
8 ‘‘(iv) stabilizing slopes;
9 ‘‘(v) lengthening or raising bridges to
10 increase waterway openings;
11 ‘‘(vi) increasing the size or number of
12 drainage structures;
13 ‘‘(vii) replacing culverts with bridges
14 or upsizing culverts;
15 ‘‘(viii) installing seismic retrofits on
16 bridges;
17 ‘‘(ix) scour, stream stability, coastal,
18 and other hydraulic countermeasures; and
19 ‘‘(x) the use of natural infrastructure.’’;
20 (J) by inserting after paragraph (29), as so
21 redesignated, the following:
22 ‘‘(30) REPEATEDLY DAMAGED FACILITY.—The
23 term ‘repeatedly damaged facility’ means a road,
24 highway, or bridge that has required repair and re-
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1 natural disasters or catastrophic failures resulting in
2 emergencies declared by the Governor of the State in
3 which the road, highway, or bridge is located or emer-
4 gencies or major disasters declared by the President
5 under the Robert T. Stafford Disaster Relief and
6 Emergency Assistance Act (42 U.S.C. 5121 et seq.).
7 ‘‘(31) RESILIENCE.—
8 ‘‘(A) IN GENERAL.—The term ‘resilience’
9 means, with respect to a facility, the ability to—
10 ‘‘(i) anticipate, prepare for, or adapt
11 to conditions; or
12 ‘‘(ii) withstand, respond to, or recover
13 rapidly from disruptions.
14 ‘‘(B) INCLUSIONS.—Such term includes,
15 with respect to a facility, the ability to—
16 ‘‘(i) resist hazards or withstand im-
17 pacts from disruptions;
18 ‘‘(ii) reduce the magnitude, duration,
19 or impact of a disruption; or
20 ‘‘(iii) have the absorptive capacity,
21 adaptive capacity, and recoverability to de-
22 crease vulnerability to a disruption.’’;
23 (K) by inserting after paragraph (38), as so
24 redesignated, the following:
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1 ‘‘(39) TRANSPORTATION SYSTEM ACCESS.—The
2 term ‘transportation system access’ means the ability
3 to travel by automobile, public transportation, pedes-
4 trian, and bicycle networks, measured by travel time,
5 taking into consideration—
6 ‘‘(A) the impacts of the level of travel stress
7 for non-motorized users;
8 ‘‘(B) costs for low-income travelers; and
9 ‘‘(C) the extent to which transportation ac-
10 cess is impacted by zoning policies and land use
11 planning practices that effect the affordability,
12 elasticity, and diversity of the housing supply.’’;
13 and
14 (L) by adding at the end the following:
15 ‘‘(45) TRANSPORTATION DEMAND MANAGEMENT;
16 TDM.—The terms ‘transportation demand manage-
17 ment’ and ‘TDM’ mean the use of strategies to inform
18 and encourage travelers to maximize the efficiency of
19 a transportation system leading to improved mobil-
20 ity, reduced congestion, and lower vehicle emissions.
21 ‘‘(46) TRANSPORTATION DEMAND MANAGEMENT
22 STRATEGIES.—The term ‘transportation demand
23 management strategies’ means the use of planning,
24 programs, policy, marketing, communications, incen-
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1 routes used, departure times, number of trips, and lo-
2 cation and design work space or public attractions.’’;
3 and
4 (2) in subsection (b)—
5 (A) in paragraph (1) by striking ‘‘Defense,’’
6 and inserting ‘‘Defense Highways,’’;
7 (B) in paragraph (3)—
8 (i) in subparagraph (A) by striking
9 ‘‘Century’’ and inserting ‘‘century’’;
10 (ii) in subparagraph (G) by striking ‘‘;
11 and’’ and inserting a semicolon;
12 (iii) in subparagraph (H) by striking
13 ‘‘Century.’’ and inserting ‘‘century;’’; and
14 (iv) by adding at the end the following:
15 ‘‘(I) safety is the highest priority of the De-
16 partment of Transportation, and the Secretary
17 and States should take all actions necessary to
18 meet the transportation needs of the 21st century
19 for all road users;
20 ‘‘(J) climate change presents a significant
21 risk to safety, the economy, and national secu-
22 rity, and reducing the contributions of the trans-
23 portation system to the Nation’s total carbon
24 pollution is critical; and
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1 ‘‘(K) the Secretary and States should take
2 appropriate measures and ensure investments to
3 increase the resilience of the Nation’s transpor-
4 tation system.’’; and
5 (C) in paragraph (4)(A) by inserting
6 ‘‘while ensuring that environmental protections
7 are maintained’’ after ‘‘review process’’.
8 SEC. 1104. APPORTIONMENT.
9 (a) IN GENERAL.—Section 104 of title 23, United
10 States Code, is amended—
11 (1) in subsection (a)(1) by striking subpara-
12 graphs (A) through (E) and inserting the following:
13 ‘‘(A) $ 506,302,525 for fiscal year 2022;
14 ‘‘(B) $ 509,708,000 for fiscal year 2023;
15 ‘‘(C) $ 520,084,000 for fiscal year 2024;
16 and
17 ‘‘(D) $ 530,459,000 for fiscal year 2025.’’;
18 (2) by striking subsections (b) and (c) and in-
19 serting the following:
20 ‘‘(b) DIVISION AMONG PROGRAMS OF STATE’S SHARE
21 OF APPORTIONMENT.—The Secretary shall distribute the
22 amount apportioned to a State for a fiscal year under sub-
23 section (c) among the covered programs as follows:
24 ‘‘(1) NATIONAL HIGHWAY PERFORMANCE PRO-
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1 gram, 55.09 percent of the amount remaining after
2 distributing amounts under paragraphs (4), (6), and
3 (7).
4 ‘‘(2) SURFACE TRANSPORTATION PROGRAM.—For
5 the surface transportation program, 28.43 percent of
6 the amount remaining after distributing amounts
7 under paragraphs (4), (6), and (7).
8 ‘‘(3) HIGHWAY SAFETY IMPROVEMENT PRO-
9 GRAM.—For the highway safety improvement pro-
10 gram, 6.19 percent of the amount remaining after
11 distributing amounts under paragraphs (4), (6), and
12 (7).
13 ‘‘(4) CONGESTION MITIGATION AND AIR QUALITY
14 IMPROVEMENT PROGRAM.—
15 ‘‘(A) IN GENERAL.—For the congestion
16 mitigation and air quality improvement pro-
17 gram, an amount determined for the State under
18 subparagraphs (B) and (C).
19 ‘‘(B) TOTAL AMOUNT.—The total amount
20 for the congestion mitigation and air quality im-
21 provement program for all States shall be—
22 ‘‘(i) $2,913,925,833 for fiscal year
23 2022;
24 ‘‘(ii) $2,964,919,535 for fiscal year
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1 ‘‘(iii) $3,024,217,926 for fiscal year
2 2024; and
3 ‘‘(iv) $3,078,653,849 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 the congestion mitigation and air
8 quality improvement program under subpara-
9 graph (B) so that each State receives an amount
10 equal to the proportion that—
11 ‘‘(i) the amount apportioned to the
12 State for the congestion mitigation and air
13 quality improvement program for fiscal
14 year 2020; bears to
15 ‘‘(ii) the total amount of funds appor-
16 tioned to all States for such program for fis-
17 cal year 2020.
18 ‘‘(5) NATIONAL HIGHWAY FREIGHT PROGRAM.—
19 For the national highway freight program, 3.38 per-
20 cent of the amount remaining after distributing
21 amounts under paragraphs (4), (6), and (7).
22 ‘‘(6) METROPOLITAN PLANNING.—
23 ‘‘(A) IN GENERAL.—For metropolitan plan-
24 ning, an amount determined for the State under
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1 ‘‘(B) TOTAL AMOUNT.—The total amount
2 for metropolitan planning for all States shall
3 be—
4 ‘‘(i) $507,500,000 for fiscal year 2022;
5 ‘‘(ii) $516,381,250 for fiscal year 2023;
6 ‘‘(iii) $526,708,875 for fiscal year
7 2024; and
8 ‘‘(iv) $536,189,635 for fiscal year 2025.
9 ‘‘(C) STATE SHARE.—For each fiscal year,
10 the Secretary shall distribute among the States
11 the amount for metropolitan planning under
12 subparagraph (B) so that each State receives an
13 amount equal to the proportion that—
14 ‘‘(i) the amount apportioned to the
15 State for metropolitan planning for fiscal
16 year 2020; bears to
17 ‘‘(ii) the total amount of funds appor-
18 tioned to all States for metropolitan plan-
19 ning for fiscal year 2020.
20 ‘‘(7) RAILWAY CROSSINGS.—
21 ‘‘(A) IN GENERAL.—For the railway cross-
22 ings program, an amount determined for the
23 State under subparagraphs (B) and (C).
24 ‘‘(B) TOTAL AMOUNT.—The total amount
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1 shall be $245,000,000 for each of fiscal years
2 2022 through 2025.
3 ‘‘(C) STATE SHARE.—
4 ‘‘(i) IN GENERAL.—For each fiscal
5 year, the Secretary shall distribute among
6 the States the amount for the railway cross-
7 ings program under subparagraph (B) as
8 follows:
9 ‘‘(I) 50 percent of the amount for
10 a fiscal year shall be apportioned to
11 States by the formula set forth in sec-
12 tion 104(b)(3)(A) (as in effect on the
13 day before the date of enactment of
14 MAP–21).
15 ‘‘(II) 50 percent of the amount for
16 a fiscal year shall be apportioned to
17 States in the ratio that total public
18 railway-highway crossings in each
19 State bears to the total of such cross-
20 ings in all States.
21 ‘‘(ii) MINIMUM APPORTIONMENT.—Not-
22 withstanding clause (i), for each fiscal year,
23 each State shall receive a minimum of one-
24 half of 1 percent of the total amount for the
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1 railway crossings program for such fiscal
2 year under subparagraph (B).
3 ‘‘(8) PREDISASTER MITIGATION PROGRAM.—For
4 the predisaster mitigation program, 2.96 percent of
5 the amount remaining after distributing amounts
6 under paragraphs (4), (6), and (7).
7 ‘‘(9) CARBON POLLUTION REDUCTION PRO-
8 GRAM.—For the carbon pollution reduction program,
9 3.95 percent of the amount remaining after distrib-
10 uting amounts under paragraphs (4), (6), and (7).
11 ‘‘(c) CALCULATION OF AMOUNTS.—
12 ‘‘(1) STATE SHARE.—For each of fiscal years
13 2022 through 2025, the amount for each State shall
14 be determined as follows:
15 ‘‘(A) INITIAL AMOUNTS.—The initial
16 amounts for each State shall be determined by
17 multiplying—
18 ‘‘(i) the combined amount authorized
19 for appropriation for the fiscal year for the
20 covered programs; by
21 ‘‘(ii) the share for each State, which
22 shall be equal to the proportion that—
23 ‘‘(I) the amount of apportion-
24 ments that the State received for fiscal
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1 ‘‘(II) the amount of those appor-
2 tionments received by all States for fis-
3 cal year 2020.
4 ‘‘(B) ADJUSTMENTS TO AMOUNTS.—The ini-
5 tial amounts resulting from the calculation
6 under subparagraph (A) shall be adjusted to en-
7 sure that each State receives an aggregate appor-
8 tionment equal to at least 95 percent of the esti-
9 mated tax payments attributable to highway
10 users in the State paid into the Highway Trust
11 Fund (other than the Mass Transit Account) in
12 the most recent fiscal year for which data are
13 available.
14 ‘‘(2) STATE APPORTIONMENT.—On October 1 of
15 fiscal years 2022 through 2025, the Secretary shall
16 apportion the sums authorized to be appropriated for
17 expenditure on the covered programs in accordance
18 with paragraph (1).’’;
19 (3) in subsection (d)(1)(A)—
20 (A) in clause (i) by striking ‘‘paragraphs
21 (5)(D) and (6) of subsection (b)’’ and inserting
22 ‘‘subsection (b)(6)’’; and
23 (B) in clause (ii) by striking ‘‘paragraphs
24 (5)(D) and (6) of subsection (b)’’ and inserting
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1 (4) by striking subsections (h) and (i) and in-
2 serting the following:
3 ‘‘(h) DEFINITION OF COVERED PROGRAMS.—In this
4 section, the term ‘covered programs’ means—
5 ‘‘(1) the national highway performance program
6 under section 119;
7 ‘‘(2) the surface transportation program under
8 section 133;
9 ‘‘(3) the highway safety improvement program
10 under section 148;
11 ‘‘(4) the congestion mitigation and air quality
12 improvement program under section 149;
13 ‘‘(5) the national highway freight program under
14 section 167;
15 ‘‘(6) metropolitan planning under section 134;
16 ‘‘(7) the railway crossings program under section
17 130;
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) of
23 title 23, United States Code, is amended—
24 (1) in subparagraph (A) by striking ‘‘(5)(D),’’;
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1 (2) in subparagraph (C)(i) by striking ‘‘(5)(D)’’.
2 (c) METROPOLITAN TRANSPORTATION PLANNING;
3 TITLE 23.—Section 134(p) of title 23, United States Code,
4 is amended by striking ‘‘paragraphs (5)(D) and (6) of sec-
5 tion 104(b)’’ and inserting ‘‘section 104(b)(6)’’.
6 (d) STATEWIDE AND NONMETROPOLITAN TRANSPOR-
7 TATION PLANNING.—Section 135(i) of title 23, United
8 States Code, is amended by striking ‘‘paragraphs (5)(D)
9 and (6) of section 104(b)’’ and inserting ‘‘section
10 104(b)(6)’’.
11 (e) METROPOLITAN TRANSPORTATION PLANNING;
12 TITLE 49.—Section 5303(p) of title 49, United States Code,
13 is amended by striking ‘‘section 104(b)(5)’’ and inserting
14 ‘‘section 104(b)(6)’’.
15 SEC. 1105. ADDITIONAL DEPOSITS INTO HIGHWAY TRUST
16 FUND.
17 Section 105 of title 23, United States Code, is amend-
18 ed—
19 (1) in subsection (a) by striking ‘‘FAST Act’’
20 and inserting ‘‘INVEST in America Act’’;
21 (2) in subsection (c)—
22 (A) in paragraph (1)(A) by striking ‘‘to be
23 appropriated’’ each place it appears; and
24 (B) by adding at the end the following:
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1 ‘‘(A) ADJUSTMENT.—In making an adjust-
2 ment under paragraph (1) for an allocation, res-
3 ervation, or set-aside from an amount authorized
4 from the Highway Account or Mass Transit Ac-
5 count described in subparagraph (B), the Sec-
6 retary shall—
7 ‘‘(i) determine the ratio that—
8 ‘‘(I) the amount authorized to be
9 appropriated for the allocation, res-
10 ervation, or set-aside from the account
11 for the fiscal year; bears to
12 ‘‘(II) the total amount authorized
13 to be appropriated for such fiscal year
14 for all programs under such account;
15 ‘‘(ii) multiply the ratio determined
16 under clause (i) by the amount of the ad-
17 justment determined under subsection
18 (b)(1)(B); and
19 ‘‘(iii) adjust the amount that the Sec-
20 retary would have allocated for the alloca-
21 tion, reservation, or set-aside for such fiscal
22 year but for this section by the amount cal-
23 culated under clause (ii).
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1 ‘‘(B) ALLOCATIONS, RESERVATIONS, AND
2 SET-ASIDES.—The allocations, reservations, and
3 set-asides described in this subparagraph are—
4 ‘‘(i) from the amount made available
5 for a fiscal year for the Federal lands trans-
6 portation program under section 203, the
7 amounts allocated for a fiscal year for the
8 National Park Service, the United States
9 Fish and Wildlife Service, and the United
10 States Forest Service;
11 ‘‘(ii) the amount made available for
12 the Puerto Rico highway program under
13 section 165(a)(1); and
14 ‘‘(iii) the amount made available for
15 the territorial highway program under sec-
16 tion 165(a)(2).’’;
17 (3) in subsection (e)—
18 (A) by striking ‘‘There is authorized’’ and
19 inserting ‘‘For fiscal year 2022 and each fiscal
20 year thereafter, there is authorized’’; and
21 (B) by striking ‘‘for any of fiscal years
22 2017 through 2020’’; and
23 (4) in subsection (f)(1) by striking ‘‘section 1102
24 or 3018 of the FAST Act’’ and inserting ‘‘any other
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1 SEC. 1106. TRANSPARENCY.
2 (a) APPORTIONMENT.—Section 104 of title 23, United
3 States Code, is amended by striking subsection (g) and in-
4 serting the following:
5 ‘‘(g) HIGHWAY TRUST FUND TRANSPARENCY AND AC-
6 COUNTABILITY REPORTS.—
7 ‘‘(1) REQUIREMENT.—
8 ‘‘(A) IN GENERAL.—The Secretary shall
9 compile data in accordance with this subsection
10 on the use of Federal-aid highway funds made
11 available under this title.
12 ‘‘(B) USER FRIENDLY DATA.—The data
13 compiled under subparagraph (A) shall be in a
14 user friendly format that can be searched,
15 downloaded, disaggregated, and filtered by data
16 category.
17 ‘‘(2) PROJECT DATA.—
18 ‘‘(A) IN GENERAL.—Not later than 120
19 days after the end of each fiscal year, the Sec-
20 retary shall make available on the website of the
21 Department of Transportation a report that de-
22 scribes—
23 ‘‘(i) the location of each active project
24 within each State during such fiscal year,
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1 ‘‘(ii) the total cost of such project;
2 ‘‘(iii) the amount of Federal funding
3 obligated for such project;
4 ‘‘(iv) the program or programs from
5 which Federal funds have been obligated for
6 such project;
7 ‘‘(v) whether such project is located in
8 an area of the State with a population of—
9 ‘‘(I) less than 5,000 individuals;
10 ‘‘(II) 5,000 or more individuals
11 but less than 50,000 individuals;
12 ‘‘(III) 50,000 or more individuals
13 but less than 200,000 individuals; or
14 ‘‘(IV) 200,000 or more individ-
15 uals;
16 ‘‘(vi) whether such project is located in
17 an area of persistent poverty, as defined in
18 section 172(l);
19 ‘‘(vii) the type of improvement being
20 made by such project, including catego-
21 rizing such project as—
22 ‘‘(I) a road reconstruction project;
23 ‘‘(II) a new road construction
24 project;
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1 ‘‘(III) a new bridge construction
2 project;
3 ‘‘(IV) a bridge rehabilitation
4 project; or
5 ‘‘(V) a bridge replacement project;
6 and
7 ‘‘(viii) the functional classification of
8 the roadway on which such project is lo-
9 cated.
10 ‘‘(B) INTERACTIVE MAP.—In addition to the
11 data made available under subparagraph (A),
12 the Secretary shall make available on the website
13 of the Department of Transportation an inter-
14 active map that displays, for each active project,
15 the information described in clauses (i) through
16 (v) of subparagraph (A).
17 ‘‘(3) STATE DATA.—
18 ‘‘(A) APPORTIONED AND ALLOCATED PRO-
19 GRAMS.—The website described in paragraph
20 (2)(A) shall be updated annually to display the
21 Federal-aid highway funds apportioned and allo-
22 cated to each State under this title, including—
23 ‘‘(i) the amount of funding available
24 for obligation by the State, including prior
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1 unobligated balances, at the start of the fis-
2 cal year;
3 ‘‘(ii) the amount of funding obligated
4 by the State during such fiscal year;
5 ‘‘(iii) the amount of funding remain-
6 ing available for obligation by the State at
7 the end of such fiscal year; and
8 ‘‘(iv) changes in the obligated, unex-
9 pended balance for the State.
10 ‘‘(B) PROGRAMMATIC DATA.—The data de-
11 scribed in subparagraph (A) shall include—
12 ‘‘(i) the amount of funding by each ap-
13 portioned and allocated program for which
14 the State received funding under this title;
15 ‘‘(ii) the amount of funding transferred
16 between programs by the State during the
17 fiscal year using the authority provided
18 under section 126; and
19 ‘‘(iii) the amount and program cat-
20 egory of Federal funds exchanged as de-
21 scribed in section 106(g)(6).
22 ‘‘(4) DEFINITIONS.—In this subsection:
23 ‘‘(A) ACTIVE PROJECT.—
24 ‘‘(i) IN GENERAL.—The term ‘active
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1 project using funds made available under
2 this title on which those funds were obli-
3 gated or expended during the fiscal year for
4 which the estimated total cost as of the start
5 of construction is greater than $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 information
15 for each active project, State, and congressional
16 district.
17 ‘‘(C) STATE.—The term ‘State’ means any
18 of the 50 States or the District of Columbia.’’.
19 (b) PROJECT APPROVAL AND OVERSIGHT.—Section
20 106 of title 23, United States Code, is amended—
21 (1) in subsection (g)—
22 (A) in paragraph (4) by striking subpara-
23 graph (B) and inserting the following:
24 ‘‘(B) ASSISTANCE TO STATES.—The Sec-
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1 ‘‘(i) develop criteria for States to use to
2 make the determination required under sub-
3 paragraph (A); and
4 ‘‘(ii) provide training, guidance, and
5 other assistance to States and subrecipients
6 as needed to ensure that projects adminis-
7 tered by subrecipients comply with the re-
8 quirements 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 Fed-
17 eral funds allocated to such subrecipient in accord-
18 ance with the requirements of this title for State or
19 local funds if the State certifies to the Secretary that
20 the State has prevailing wage and domestic content
21 requirements that are comparable to the requirements
22 under sections 113 and 313 and that such require-
23 ments shall apply to projects carried out using such
24 funds if such projects would have been subject to the
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1 requirements of sections 113 and 313 if such projects
2 were carried out using Federal 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 assist-
17 ance under this title for such megaproject shall submit
18 to the Secretary a comprehensive risk management
19 plan that contains—
20 ‘‘(A) a description of the process by which
21 the recipient will identify, quantify, and monitor
22 the risks, including natural hazards, that might
23 result in cost overruns, project delays, reduced
24 construction quality, or reductions in benefits
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1 ‘‘(B) examples of mechanisms the recipient
2 will use to track risks identified pursuant to sub-
3 paragraph (A);
4 ‘‘(C) a plan to control such risks; and
5 ‘‘(D) such assurances as the Secretary deter-
6 mines appropriate that the recipient shall, with
7 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 and
12 unknown risks.
13 ‘‘(2) PEER REVIEW GROUP.—
14 ‘‘(A) IN GENERAL.—Not later than 90 days
15 after the date on which a megaproject is author-
16 ized for construction, the recipient of Federal fi-
17 nancial assistance under this title for such
18 megaproject shall establish a peer review group
19 for such megaproject that consists of at least 5
20 individuals (including at least 1 individual with
21 project management experience) to give expert
22 advice on the scientific, technical, and project
23 management aspects of the megaproject.
24 ‘‘(B) MEMBERSHIP.—
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1 ‘‘(i) IN GENERAL.—Not later than 180
2 days after the date of enactment of this sub-
3 section, the Secretary shall establish guide-
4 lines describing how a recipient described in
5 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 review
24 group and not later than 90 days after the
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1 mined by the Secretary, to the scope, sched-
2 ule, or budget of the megaproject, review the
3 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 under
16 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 shall
21 publish on the website of the Department of Transpor-
22 tation a copy of all letters of interest, proposals,
23 workplans, and reports related to the special experi-
24 mental project authority pursuant to section 502(b).
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1 mation, as necessary, from any such information
2 published.
3 ‘‘(2) NOTIFICATION AND OPPORTUNITY FOR COM-
4 MENT.—Not later than 30 days before making a de-
5 termination to proceed with an experiment under a
6 letter of interest described in paragraph (1), the Sec-
7 retary shall provide notification and an opportunity
8 for public comment on the letter of interest and the
9 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 Envi-
15 ronment and Public Works of the Senate a report that
16 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 AND
23 ACCOUNTABILITY.—
24 ‘‘(1) IN GENERAL.—To ensure the accountability
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1 process administered by the Secretary, a covered pro-
2 gram shall be subject to the requirements of this sec-
3 tion, in addition to the requirements applicable to
4 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 con-
11 siderations established for the applicable
12 covered program;
13 ‘‘(B) create a data driven process to evalu-
14 ate, as set forth in the covered program, each eli-
15 gible project for which an application is received;
16 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 pro-
21 gram.
22 ‘‘(3) NOTIFICATION OF CONGRESS.—Not less than
23 15 days before making a grant for a covered program,
24 the Secretary shall notify, in writing, the Committee
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1 Representatives and the Committee on the Environ-
2 ment and Public Works of the Senate of—
3 ‘‘(A) the amount for each project proposed
4 to be selected;
5 ‘‘(B) a description of the review process;
6 ‘‘(C) for each application, the determination
7 made under paragraph (2)(C); and
8 ‘‘(D) a detailed explanation of the basis for
9 each award proposed to be selected.
10 ‘‘(4) NOTIFICATION OF APPLICANTS.—Not later
11 than 30 days after making a grant for a project
12 under a covered program, the Secretary shall send to
13 all applicants under such covered program, and pub-
14 lish on the website of the Department of Transpor-
15 tation—
16 ‘‘(A) a summary of each application made
17 to the covered program for the given round of
18 funding; and
19 ‘‘(B) the evaluation and justification for the
20 project selection, including all ratings, rankings,
21 scores, or similar metrics for applications made
22 to the covered program for the given round of
23 funding during each phase of the grant selection
24 process.
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1 ‘‘(5) BRIEFING.—The Secretary shall provide, at
2 the request of a grant applicant of a covered program,
3 the opportunity to receive a briefing to explain any
4 reasons the grant applicant was not awarded a grant.
5 ‘‘(6) TEMPLATE.—The Secretary shall, to the ex-
6 tent practicable, develop a template as described in
7 paragraph (2)(A) for any discretionary program ad-
8 ministered by the Secretary that is not a covered pro-
9 gram.
10 ‘‘(7) COVERED PROGRAM DEFINED.—The term
11 ‘covered program’ means each of the following discre-
12 tionary grant programs:
13 ‘‘(A) Community climate innovation grants
14 under section 172.
15 ‘‘(B) Electric vehicle charging and hydrogen
16 fueling infrastructure grants under section
17 151(f).
18 ‘‘(C) Federal lands and tribal major
19 projects grants under section 208.
20 ‘‘(D) Safe, efficient mobility through ad-
21 vanced technologies grants under section
22 503(c)(4).’’.
23 (c) DIVISION OFFICE CONSISTENCY.—Not later than
24 1 year after the date of enactment of this Act, the Comp-
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1 troller General of the United States shall submit to Congress
2 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 SEC. 1107. COMPLETE AND CONTEXT SENSITIVE STREET
9 DESIGN.
10 (a) STANDARDS.—Section 109 of title 23, United
11 States Code, is amended—
12 (1) in subsection (a)—
13 (A) in paragraph (1) by striking ‘‘planned
14 future traffic of the highway in a manner that
15 is conducive to’’ and inserting ‘‘future oper-
16 ational performance of the facility in a manner
17 that enhances’’; and
18 (B) in paragraph (2) by inserting ‘‘, taking
19 into consideration context sensitive design prin-
20 ciples’’ after ‘‘each locality’’;
21 (2) in subsection (b)—
22 (A) by striking ‘‘The geometric’’ and insert-
23 ing ‘‘DESIGN CRITERIA FOR THE INTERSTATE
24 SYSTEM.—The geometric’’; and
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1 (B) by striking ‘‘the types and volumes of
2 traffic anticipated for such project for the twen-
3 ty-year period commencing on the date of ap-
4 proval by the Secretary, under section 106 of this
5 title, of the plans, specifications, and estimates
6 for actual construction of such project’’ and in-
7 serting ‘‘the existing and future operational per-
8 formance of the facility’’;
9 (3) in subsection (c)(1)—
10 (A) in subparagraph (C) by striking ‘‘;
11 and’’ and inserting a semicolon;
12 (B) in subparagraph (D) by striking the pe-
13 riod and inserting ‘‘; and’’; and
14 (C) by adding at the end the following:
15 ‘‘(E) context sensitive design principles.’’;
16 (4) by striking subsection (o) and inserting the
17 following:
18 ‘‘(o) COMPLIANCE WITH STATE LAWS FOR NON-NHS
19 PROJECTS.—
20 ‘‘(1) IN GENERAL.—Projects (other than highway
21 projects on the National Highway System) shall—
22 ‘‘(A) be designed, constructed, operated, and
23 maintained in accordance with State laws, regu-
24 lations, directives, safety standards, design
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1 ‘‘(B) take into consideration context sen-
2 sitive design principles.
3 ‘‘(2) DESIGN FLEXIBILITY.—
4 ‘‘(A) IN GENERAL.—A local jurisdiction
5 may deviate from the roadway design publica-
6 tion used by the State in which the local juris-
7 diction is located for the design of a project on
8 a roadway (other than a highway on the Na-
9 tional Highway System) if—
10 ‘‘(i) the deviation is approved by the
11 Secretary; and
12 ‘‘(ii) the design complies with all other
13 applicable Federal laws.
14 ‘‘(B) STATE-OWNED ROADS.—In the case of
15 a roadway under the ownership of the State, the
16 local jurisdiction may only deviate from the
17 roadway design publication used by the State
18 with the concurrence of the State.
19 ‘‘(C) PROGRAMMATIC BASIS.—The Secretary
20 may approve a deviation under this paragraph
21 on a project, multiple project, or programmatic
22 basis.’’; and
23 (5) by adding at the end the following:
24 ‘‘(s) CONTEXT SENSITIVE DESIGN.—
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1 ‘‘(1) CONTEXT SENSITIVE DESIGN PRINCIPLES.—
2 The Secretary shall collaborate with the American As-
3 sociation of State Highway Transportation Officials
4 to ensure that any roadway design publications ap-
5 proved by the Secretary under this section provide
6 adequate flexibility for a project sponsor to select the
7 appropriate design of a roadway, consistent with con-
8 text sensitive design principles.
9 ‘‘(2) POLICIES OR PROCEDURES.—
10 ‘‘(A) IN GENERAL.—Not later than 1 year
11 after the Secretary publishes the final guidance
12 described in paragraph (3), each State shall
13 adopt policies or procedures to evaluate the con-
14 text of a proposed roadway and select the appro-
15 priate design, consistent with context sensitive
16 design principles.
17 ‘‘(B) LOCAL GOVERNMENTS.—The Secretary
18 and States shall encourage local governments to
19 adopt policies or procedures described under sub-
20 paragraph (A).
21 ‘‘(C) CONSIDERATIONS.—The policies or
22 procedures developed under this paragraph shall
23 take into consideration the guidance developed
24 by the Secretary under paragraph (3).
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25 ‘‘(3) GUIDANCE.—
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1 ‘‘(A) IN GENERAL.—
2 ‘‘(i) NOTICE.—Not later than 1 year
3 after the date of enactment of this sub-
4 section, the Secretary shall publish guidance
5 on the official website of the Department of
6 Transportation on context sensitive design.
7 ‘‘(ii) PUBLIC REVIEW AND COMMENT.—
8 The guidance described in this paragraph
9 shall be finalized following an opportunity
10 for public review and comment.
11 ‘‘(iii) UPDATE.—The Secretary shall
12 periodically update the guidance described
13 in this paragraph, including the model poli-
14 cies or procedures described under subpara-
15 graph (B)(v).
16 ‘‘(B) REQUIREMENTS.—The guidance de-
17 scribed in this paragraph shall—
18 ‘‘(i) provide best practices for States,
19 metropolitan planning organizations, re-
20 gional transportation planning organiza-
21 tions, local governments, or other project
22 sponsors to carry out context sensitive de-
23 sign principles;
24 ‘‘(ii) identify opportunities to modify
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1 procedures to more effectively combine
2 modes of transportation into integrated fa-
3 cilities that meet the needs of each of such
4 modes of transportation in an appropriate
5 balance;
6 ‘‘(iii) identify metrics to assess the
7 context of the facility, including sur-
8 rounding land use or roadside characteris-
9 tics;
10 ‘‘(iv) assess the expected operational
11 and safety performance of alternative ap-
12 proaches to facility design; and
13 ‘‘(v) taking into consideration the find-
14 ings of this guidance, establish model poli-
15 cies or procedures for a State or other
16 project sponsor to evaluate the context of a
17 proposed facility and select the appropriate
18 facility design for the context.
19 ‘‘(C) TOPICS OF EMPHASIS.—In publishing
20 the guidance described in this paragraph, the
21 Secretary shall emphasize—
22 ‘‘(i) procedures for identifying the
23 needs of users of all ages and abilities of a
24 particular roadway;
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1 ‘‘(ii) procedures for identifying the
2 types and designs of facilities needed to
3 serve various modes of transportation;
4 ‘‘(iii) safety and other benefits pro-
5 vided by carrying out context sensitive de-
6 sign principles;
7 ‘‘(iv) common barriers to carrying out
8 context sensitive design principles;
9 ‘‘(v) procedures for overcoming the
10 most common barriers to carrying out con-
11 text sensitive design principles;
12 ‘‘(vi) procedures for identifying the
13 costs associated with carrying out context
14 sensitive design principles;
15 ‘‘(vii) procedures for maximizing local
16 cooperation in the introduction of context
17 sensitive design principles and carrying out
18 those principles; and
19 ‘‘(viii) procedures for assessing and
20 modifying the facilities and operational
21 characteristics of existing roadways to im-
22 prove consistency with context sensitive de-
23 sign principles.
24 ‘‘(4) FUNDING.—Amounts made available under
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1 for States, local governments, metropolitan planning
2 organizations, or regional transportation planning
3 organizations to adopt policies or procedures to evalu-
4 ate the context of a proposed roadway and select the
5 appropriate design, consistent with context sensitive
6 design principles.’’.
7 (b) CONFORMING AMENDMENT.—Section 1404(b) of
8 the FAST Act (23 U.S.C. 109 note) is repealed.
9 SEC. 1108. INNOVATIVE PROJECT DELIVERY FEDERAL
10 SHARE.
11 (a) IN GENERAL.—Section 120(c)(3)(B) of title 23,
12 United States Code, is amended—
13 (1) by striking clauses (i) and (ii) and inserting
14 the following:
15 ‘‘(i) prefabricated bridge elements and
16 systems, innovative materials, and other
17 technologies to reduce bridge construction
18 time, extend service life, and reduce preser-
19 vation costs, as compared to conventionally
20 designed and constructed bridges;
21 ‘‘(ii) innovative construction equip-
22 ment, materials, techniques, or practices,
23 including the use of in-place recycling tech-
24 nology, digital 3-dimensional modeling tech-
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1 nologies, and advanced digital construction
2 management systems;’’;
3 (2) by redesignating clause (vi) as clause (vii);
4 (3) in clause (v) by striking ‘‘or’’ at the end; and
5 (4) by inserting after clause (v) the following:
6 ‘‘(vi) innovative pavement materials
7 that demonstrate reductions in greenhouse
8 gas emissions through sequestration or inno-
9 vative manufacturing processes; or’’.
10 (b) TECHNICAL AMENDMENT.—Section 107(a)(2) of
11 title 23, United States Code, is amended by striking ‘‘sub-
12 section (c) of’’.
13 SEC. 1109. TRANSFERABILITY OF FEDERAL-AID HIGHWAY
14 FUNDS.
15 Section 126(b) of title 23, United States Code, is
16 amended—
17 (1) in the heading by inserting ‘‘AND PRO-
18 GRAMS’’ after ‘‘SET-ASIDES’’;
19 (2) in paragraph (1) by striking ‘‘and
20 133(d)(1)(A)’’ and inserting ‘‘, 130, 133(d)(1)(A),
21 133(h), 149, and 171’’; and
22 (3) by striking paragraph (2) and inserting the
23 following:
24 ‘‘(2) ENVIRONMENTAL PROGRAMS.—With respect
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1 paragraph (9) of section 104(b), and notwithstanding
2 paragraph (1), a State may only transfer not more
3 than 50 percent from the amount of the apportion-
4 ment of either such paragraph to the apportionment
5 under the other such paragraph in a fiscal year.’’.
6 SEC. 1110. TOLLING.
7 (a) TOLL ROADS, BRIDGES, TUNNELS, AND FER-
8 RIES.—Section 129 of title 23, United States Code, is
9 amended—
10 (1) in subsection (a)—
11 (A) by striking paragraph (1) and inserting
12 the following:
13 ‘‘(1) IN GENERAL.—
14 ‘‘(A) AUTHORIZATION.—Subject to the pro-
15 visions of this section, Federal participation
16 shall be permitted on the same basis and in the
17 same manner as construction of toll-free high-
18 ways is permitted under this chapter in the—
19 ‘‘(i) initial construction of a toll high-
20 way, bridge, or tunnel or approach to the
21 highway, bridge, or tunnel;
22 ‘‘(ii) initial construction of 1 or more
23 lanes or other improvements that increase
24 capacity of a highway, bridge, or tunnel
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1 System) and conversion of that highway,
2 bridge, or tunnel to a tolled facility, if the
3 number of toll-free lanes, excluding auxil-
4 iary lanes, after the construction is not less
5 than the number of toll-free lanes, excluding
6 auxiliary lanes, before the construction;
7 ‘‘(iii) initial construction of 1 or more
8 lanes or other improvements that increase
9 the capacity of a highway, bridge, or tunnel
10 on the Interstate System and conversion of
11 that highway, bridge, or tunnel to a tolled
12 facility, if the number of toll-free non-HOV
13 lanes, excluding auxiliary lanes, after such
14 construction is not less than the number of
15 toll-free non-HOV lanes, excluding auxil-
16 iary lanes, before such construction;
17 ‘‘(iv) reconstruction, resurfacing, res-
18 toration, rehabilitation, or replacement of a
19 toll highway, bridge, or tunnel or approach
20 to the highway, bridge, or tunnel;
21 ‘‘(v) reconstruction or replacement of a
22 toll-free bridge or tunnel and conversion of
23 the bridge or tunnel to a toll facility;
24 ‘‘(vi) reconstruction of a toll-free Fed-
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1 the Interstate System) and conversion of the
2 highway to a toll facility;
3 ‘‘(vii) reconstruction, restoration, or
4 rehabilitation of a highway on the Inter-
5 state System if the number of toll-free non-
6 HOV lanes, excluding auxiliary lanes, after
7 reconstruction, restoration, or rehabilitation
8 is not less than the number of toll-free non-
9 HOV lanes, excluding auxiliary lanes, be-
10 fore reconstruction, restoration, or rehabili-
11 tation;
12 ‘‘(viii) conversion of a high occupancy
13 vehicle lane on a highway, bridge, or tunnel
14 to a toll facility, subject to the requirements
15 of section 166; and
16 ‘‘(ix) preliminary studies to determine
17 the feasibility of a toll facility for which
18 Federal participation is authorized under
19 this paragraph.
20 ‘‘(B) AGREEMENT TO TOLL.—
21 ‘‘(i) IN GENERAL.—Before the Sec-
22 retary may authorize tolling under this sub-
23 section, the public authority with jurisdic-
24 tion over a highway, bridge, or tunnel shall
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1 to ensure compliance with the requirements
2 of this subsection.
3 ‘‘(ii) APPLICABILITY.—
4 ‘‘(I) IN GENERAL.—The require-
5 ments of this subparagraph shall apply
6 to—
7 ‘‘(aa) Federal participation
8 under subparagraph (A);
9 ‘‘(bb) any prior Federal par-
10 ticipation in the facility proposed
11 to be tolled; and
12 ‘‘(cc) conversion, with or
13 without Federal participation, of
14 a non-tolled lane on the National
15 Highway System to a toll facility
16 under subparagraph (E).
17 ‘‘(II) HOV FACILITY.—Except as
18 otherwise provided in this subsection or
19 section 166, the provisions of this
20 paragraph shall not apply to a high
21 occupancy vehicle facility.
22 ‘‘(iii) MAJOR FEDERAL ACTION.—Ap-
23 proval by the Secretary of an agreement to
24 toll under this paragraph shall be consid-
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1 tional Environmental Policy Act of 1969
2 (42 U.S.C. 4321 et seq.).
3 ‘‘(C) AGREEMENT CONDITIONS.—Prior to
4 entering into an agreement to toll under sub-
5 paragraph (B), the public authority shall certify
6 to the Secretary that—
7 ‘‘(i) the public authority has estab-
8 lished procedures to ensure the toll meets the
9 purposes and requirements of this sub-
10 section;
11 ‘‘(ii) the facility shall provide for ac-
12 cess at no cost to public transportation ve-
13 hicles and over-the-road buses serving the
14 public; and
15 ‘‘(iii) the facility shall provide for the
16 regional interoperability of electronic toll
17 collection, including through technologies or
18 business practices.
19 ‘‘(D) CONSIDERATION OF IMPACTS.—
20 ‘‘(i) IN GENERAL.—Prior to entering
21 into an agreement to toll under subpara-
22 graph (B), the Secretary shall ensure the
23 public authority has adequately considered,
24 including by providing an opportunity for
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1 public comment, the following factors with-
2 in the corridor:
3 ‘‘(I) Congestion impacts on both
4 the toll facility and in the corridor or
5 cordon (including adjacent toll-free fa-
6 cilities).
7 ‘‘(II) In the case of a non-attain-
8 ment or maintenance area, air quality
9 impacts.
10 ‘‘(III) Planned investments to im-
11 prove public transportation or other
12 non-tolled alternatives in the corridor.
13 ‘‘(IV) Environmental justice and
14 equity impacts.
15 ‘‘(V) Impacts on freight move-
16 ment.
17 ‘‘(VI) Economic impacts on busi-
18 nesses.
19 ‘‘(ii) CONSIDERATION IN ENVIRON-
20 MENTAL REVIEW.—Nothing in this subpara-
21 graph shall limit a public authority from
22 meeting the requirements of this subpara-
23 graph through the environmental review
24 process, as applicable.
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25 ‘‘(E) CONGESTION PRICING.—
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1 ‘‘(i) IN GENERAL.—The Secretary may
2 authorize conversion of a non-tolled lane on
3 the National Highway System to a toll fa-
4 cility to utilize pricing to manage the de-
5 mand to use the facility by varying the toll
6 amount that is charged.
7 ‘‘(ii) REQUIREMENT.—Prior to enter-
8 ing into an agreement to convert a non-
9 tolled lane on the National Highway Sys-
10 tem to a toll facility, the Secretary shall en-
11 sure (in addition to the requirements under
12 subparagraphs (B), (C), and (D)) that such
13 toll facility and the planned investments to
14 improve public transportation or other non-
15 tolled alternatives in the corridor are rea-
16 sonably expected to improve the operation of
17 the cordon or corridor, as described in
18 clauses (iii) and (iv).
19 ‘‘(iii) PERFORMANCE MONITORING.—A
20 public authority that enters into an agree-
21 ment to convert a non-tolled lane to a toll
22 facility under this subparagraph shall—
23 ‘‘(I) establish, monitor, and sup-
24 port a performance monitoring, eval-
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1 ‘‘(aa) for the toll facility that
2 provides for continuous moni-
3 toring, assessment, and reporting
4 on the impacts that the pricing
5 structure may have on the oper-
6 ation of the facility; and
7 ‘‘(bb) for the corridor or cor-
8 don that provides for continuous
9 monitoring, assessment, and re-
10 porting on the impacts of conges-
11 tion pricing on the operation of
12 the corridor or cordon;
13 ‘‘(II) submit to the Secretary an-
14 nual reports of the impacts described
15 in subclause (I); and
16 ‘‘(III) if the facility or the cor-
17 ridor or cordon becomes degraded, as
18 described in clause (iv), submit to the
19 Secretary an annual update that de-
20 scribes the actions proposed to bring
21 the toll facility into compliance and
22 the progress made on such actions.
23 ‘‘(iv) DETERMINATION.—
24 ‘‘(I) DEGRADED OPERATION.—For
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1 ation of a toll facility shall be consid-
2 ered to be degraded if vehicles oper-
3 ating on the facility are failing to
4 maintain a minimum average oper-
5 ating speed 90 percent of the time over
6 a consecutive 180-day period during
7 peak hour periods.
8 ‘‘(II) DEGRADED CORRIDOR OR
9 CORDON.—For the purposes of clause
10 (iii)(III), a corridor or cordon shall be
11 considered to be degraded if congestion
12 pricing or investments to improve pub-
13 lic transportation or other non-tolled
14 alternatives have not resulted in—
15 ‘‘(aa) an increase in person
16 or freight throughput in the cor-
17 ridor or cordon; or
18 ‘‘(bb) a reduction in person
19 hours of delay in the corridor or
20 cordon, as determined by the Sec-
21 retary.
22 ‘‘(III) DEFINITION OF MINIMUM
23 AVERAGE OPERATING SPEED.—In this
24 subparagraph, the term ‘minimum av-
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1 ‘‘(aa) 35 miles per hour, in
2 the case of a toll facility with a
3 speed limit of 45 miles per hour
4 or greater; and
5 ‘‘(bb) not more than 10 miles
6 per hour below the speed limit, in
7 the case of a toll facility with a
8 speed limit of less than 50 miles
9 per hour.
10 ‘‘(v) MAINTENANCE OF OPERATING
11 PERFORMANCE.—
12 ‘‘(I) IN GENERAL.—Not later than
13 180 days after the date on which a fa-
14 cility or a corridor or cordon becomes
15 degraded under clause (iv), the public
16 authority with jurisdiction over the fa-
17 cility shall submit to the Secretary for
18 approval a plan that details the ac-
19 tions the public authority will take to
20 make significant progress toward
21 bringing the facility or corridor or cor-
22 don into compliance with this subpara-
23 graph.
24 ‘‘(II) NOTICE OF APPROVAL OR
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25 DISAPPROVAL.—Not later than 60 days
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1 after the date of receipt of a plan
2 under subclause (I), the Secretary shall
3 provide to the public authority a writ-
4 ten notice indicating whether the Sec-
5 retary has approved or disapproved the
6 plan based on a determination of
7 whether the implementation of the plan
8 will make significant progress toward
9 bringing the facility or corridor or cor-
10 don into compliance with this subpara-
11 graph.
12 ‘‘(III) UPDATE.—Until the date
13 on which the Secretary determines that
14 the public authority has brought the fa-
15 cility or corridor or cordon into com-
16 pliance with this subparagraph, the
17 public authority shall submit annual
18 updates that describe—
19 ‘‘(aa) the actions taken to
20 bring the facility into compliance;
21 ‘‘(bb) the actions taken to
22 bring the corridor or cordon into
23 compliance; and
24 ‘‘(cc) the progress made by
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1 ‘‘(IV) COMPLIANCE.—If a public
2 authority fails to bring a facility into
3 compliance under this subparagraph,
4 the Secretary may subject the public
5 authority to appropriate program
6 sanctions under section 1.36 of title 23,
7 Code of Federal Regulations (or suc-
8 cessor regulations), until the perform-
9 ance is no longer degraded.
10 ‘‘(vi) CONSULTATION OF MPO.—If a
11 toll facility authorized under this subpara-
12 graph is located on the National Highway
13 System and in a metropolitan planning
14 area established in accordance with section
15 134, the public authority shall consult with
16 the metropolitan planning organization for
17 the area.
18 ‘‘(vii) INCLUSION.—For the purposes of
19 this paragraph, the corridor or cordon shall
20 include toll-free facilities that are adjacent
21 to the toll facility.’’;
22 (B) in paragraph (3)—
23 (i) in subparagraph (A)—
24 (I) in clause (iv) by striking
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1 (II) by striking clause (v) and in-
2 serting the following:
3 ‘‘(v) any project eligible under this
4 title or chapter 53 of title 49 that improves
5 the operation of the corridor or cordon by
6 increasing person or freight throughput and
7 reducing person hours of delay;
8 ‘‘(vi) toll discounts or rebates for users
9 of the toll facility that have no reasonable
10 alternative transportation method to the toll
11 facility; and
12 ‘‘(vii) if the public authority certifies
13 annually that the tolled facility is being
14 adequately maintained and the cordon or
15 corridor is not degraded under paragraph
16 (1)(E), any revenues remaining after fund-
17 ing the activities described in clauses (i)
18 through (vi) shall be considered surplus rev-
19 enue and may be used for any other purpose
20 for which Federal funds may be obligated
21 by a State under this title or chapter 53 of
22 title 49.’’;
23 (ii) by striking subparagraph (B) and
24 inserting the following:
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25 ‘‘(B) TRANSPARENCY.—
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1 ‘‘(i) ANNUAL AUDIT.—
2 ‘‘(I) IN GENERAL.—A public au-
3 thority with jurisdiction over a toll fa-
4 cility shall conduct or have an inde-
5 pendent auditor conduct an annual
6 audit of toll facility records to verify
7 adequate maintenance and compliance
8 with subparagraph (A), and report the
9 results of the audits to the Secretary.
10 ‘‘(II) RECORDS.—On reasonable
11 notice, the public authority shall make
12 all records of the public authority per-
13 taining to the toll facility available for
14 audit by the Secretary.
15 ‘‘(ii) USE OF REVENUES.—A State or
16 public authority that obligates amounts
17 under clauses (v), (vi), or (vii) of subpara-
18 graph (A) shall annually report to the Sec-
19 retary a list of activities funded with such
20 amounts and the amount of funding pro-
21 vided for each such activity.’’;
22 (C) in paragraph (8) by striking ‘‘as of the
23 date of enactment of the MAP–21, before com-
24 mencing any activity authorized’’ and inserting
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25 ‘‘, before commencing any activity authorized’’;
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1 (D) in paragraph (9)—
2 (i) by striking ‘‘bus’’ and inserting
3 ‘‘vehicle’’; and
4 (ii) by striking ‘‘buses’’ and inserting
5 ‘‘vehicles’’; and
6 (E) by striking paragraph (10) and insert-
7 ing the following:
8 ‘‘(10) INTEROPERABILITY OF ELECTRONIC TOLL
9 COLLECTION.—All toll facilities on Federal-aid high-
10 ways shall provide for the regional interoperability of
11 electronic toll collection, including through tech-
12 nologies or business practices.
13 ‘‘(11) NONCOMPLIANCE.—If the Secretary con-
14 cludes that a public authority has not complied with
15 the requirements of this subsection, the Secretary may
16 require the public authority to discontinue collecting
17 tolls until the public authority and the Secretary
18 enter into an agreement for the public authority to
19 achieve compliance with such requirements.
20 ‘‘(12) DEFINITIONS.—In this subsection, the fol-
21 lowing definitions apply:
22 ‘‘(A) FEDERAL PARTICIPATION.—The term
23 ‘Federal participation’ means the use of funds
24 made available under this title.
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1 ‘‘(B) HIGH OCCUPANCY VEHICLE; HOV.—
2 The term ‘high occupancy vehicle’ or ‘HOV’
3 means a vehicle with not fewer than 2 occupants.
4 ‘‘(C) INITIAL CONSTRUCTION.—
5 ‘‘(i) IN GENERAL.—The term ‘initial
6 construction’ means the construction of a
7 highway, bridge, tunnel, or other facility at
8 any time before it is open to traffic.
9 ‘‘(ii) EXCLUSIONS.—The term ‘initial
10 construction’ does not include any improve-
11 ment to a highway, bridge, tunnel, or other
12 facility after it is open to traffic.
13 ‘‘(D) OVER-THE-ROAD BUS.—The term
14 ‘over-the-road bus’ has the meaning given the
15 term in section 301 of the Americans with Dis-
16 abilities Act of 1990 (42 U.S.C. 12181).
17 ‘‘(E) PUBLIC AUTHORITY.—The term ‘pub-
18 lic authority’ means a State, interstate compact
19 of States, or public entity designated by a State.
20 ‘‘(F) PUBLIC TRANSPORTATION VEHICLE.—
21 The term ‘public transportation vehicle’ has the
22 meaning given that term in section 166.
23 ‘‘(G) TOLL FACILITY.—The term ‘toll facil-
24 ity’ means a toll highway, bridge, or tunnel or
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1 structed or authorized to be tolled under this sub-
2 section.’’.
3 (b) REPEAL OF INTERSTATE SYSTEM RECONSTRUC-
4 TION AND REHABILITATION PILOT PROGRAM.—Section
5 1216 of the Transportation Equity Act for the 21st Century
6 (23 U.S.C. 129 note), and the item related to such section
7 in the table of contents in section 1(b) of such Act, are re-
8 pealed.
9 (c) VALUE PRICING PILOT PROGRAM.—Section
10 1012(b) of the Intermodal Surface Transportation Effi-
11 ciency Act of 1991 (23 U.S.C. 149 note) is amended by add-
12 ing at the end the following:
13 ‘‘(9) SUNSET.—The Secretary may not consider
14 an expression of interest submitted under this section
15 after the date of enactment of this paragraph.’’.
16 (d) SAVINGS CLAUSE.—
17 (1) APPLICATION OF LIMITATIONS.—Any toll fa-
18 cility described in paragraph (2) shall be subject to
19 the requirements of section 129(a)(3) of title 23,
20 United States Code, as in effect on the day before the
21 date of enactment of this Act.
22 (2) TOLL FACILITIES.—A toll facility described
23 in this paragraph is a facility that, on the day prior
24 to the date of enactment of this Act, was—
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1 (B) in the planning and design phase; or
2 (C) in the construction phase.
3 (e) REPORT.—Not later than 180 days after the date
4 of enactment of this Act, the Secretary of Transportation
5 shall submit to Congress a report on the implementation
6 of the interoperability of toll collection as required under
7 section 1512(b) of MAP–21, including an assessment of the
8 progress in, and barriers on, such implementation.
9 SEC. 1111. HOV FACILITIES.
10 Section 166 of title 23, United States Code, is amend-
11 ed—
12 (1) in subsection (b)—
13 (A) in paragraph (4)(C)(iii) by striking
14 ‘‘transportation buses’’ and inserting ‘‘transpor-
15 tation vehicles’’; and
16 (B) in paragraph (5)(B) by striking ‘‘2019’’
17 and inserting ‘‘2025’’;
18 (2) in subsection (d)(2)(A)(i) by striking ‘‘45
19 miles per hour, in the case of a toll facility with a
20 speed of 50 miles per hour or greater’’ and inserting
21 ‘‘35 miles per hour, in the case of a toll facility with
22 a speed limit of 45 miles per hour or greater’’;
23 (3) in subsection (d)(2)(B) by striking ‘‘morning
24 or evening weekday peak hour periods (or both)’’ and
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1 (4) in subsection (e)—
2 (A) by striking ‘‘Not later than 180 days
3 after the date of enactment of this section, the
4 Administrator’’ and inserting ‘‘The Adminis-
5 trator’’;
6 (B) in paragraph (1) by striking ‘‘and’’ at
7 the end;
8 (C) in paragraph (2) by striking the period
9 at the end and inserting ‘‘; and’’; and
10 (D) by adding at the end the following:
11 ‘‘(3) not later than 180 days after the date of en-
12 actment of the INVEST in America Act, update the
13 requirements established under paragraph (1).’’; and
14 (5) in subsection (f)—
15 (A) in paragraph (1)—
16 (i) by striking subparagraphs (C), (D),
17 and (F); and
18 (ii) by redesignating subparagraphs
19 (E), (G), (H), and (I) as subparagraphs
20 (C), (D), (E), and (F), respectively; and
21 (B) in paragraph (6)(B)(i) by striking
22 ‘‘public entity’’ and inserting ‘‘public transpor-
23 tation service that is a recipient or subrecipient
24 of funds under chapter 53 of title 49’’.
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1 SEC. 1112. BUY AMERICA.
2 (a) IN GENERAL.—Section 313 of title 23, United
3 States Code, is amended—
4 (1) in subsection (a)—
5 (A) by striking ‘‘Notwithstanding’’ and in-
6 serting ‘‘IN GENERAL.—Notwithstanding’’;
7 (B) by striking ‘‘Secretary of Transpor-
8 tation’’ and inserting ‘‘Secretary’’;
9 (C) by striking ‘‘the Surface Transportation
10 Assistance Act of 1982 (96 Stat. 2097) or’’; and
11 (D) by striking ‘‘and manufactured prod-
12 ucts’’ and inserting ‘‘manufactured products,
13 and construction materials’’;
14 (2) in subsection (b) by inserting ‘‘DETERMINA-
15 TION.—’’ before ‘‘The provisions’’;
16 (3) in subsection (c) by striking ‘‘For purposes’’
17 and inserting ‘‘CALCULATION.—For purposes’’;
18 (4) in subsection (d)—
19 (A) by striking ‘‘The Secretary of Transpor-
20 tation’’ and inserting ‘‘REQUIREMENTS.—The
21 Secretary’’; and
22 (B) by striking ‘‘the Surface Transportation
23 Assistance Act of 1982 (96 Stat. 2097) or’’; and
24 (5) by adding at the end the following:
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25 ‘‘(h) WAIVER PROCEDURE.—
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1 ‘‘(1) IN GENERAL.—Not later than 120 days
2 after the submission of a request for a waiver, the
3 Secretary shall make a determination under para-
4 graph (1) or (2) of subsection (b) as to whether sub-
5 section (a) shall apply.
6 ‘‘(2) PUBLIC NOTIFICATION AND COMMENT.—
7 ‘‘(A) IN GENERAL.—Not later than 30 days
8 before making a determination regarding a
9 waiver described in paragraph (1), the Secretary
10 shall provide notification and an opportunity for
11 public comment on the request for such waiver.
12 ‘‘(B) NOTIFICATION REQUIREMENTS.—The
13 notification required under subparagraph (A)
14 shall—
15 ‘‘(i) describe whether the application is
16 being made for a determination described in
17 subsection (b)(1); and
18 ‘‘(ii) be provided to the public by elec-
19 tronic means, including on the public
20 website of the Department of Transpor-
21 tation.
22 ‘‘(3) DETERMINATION.—Before a determination
23 described in paragraph (1) takes effect, the Secretary
24 shall publish a detailed justification for such deter-
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1 mination that addresses all public comments received
2 under paragraph (2)—
3 ‘‘(A) on the public website of the Depart-
4 ment of Transportation; and
5 ‘‘(B) if the Secretary issues a waiver with
6 respect to such determination, in the Federal
7 Register.
8 ‘‘(i) REVIEW OF NATIONWIDE WAIVERS.—
9 ‘‘(1) IN GENERAL.—Not later than 1 year after
10 the date of enactment of this subsection, and at least
11 every 5 years thereafter, the Secretary shall review
12 any standing nationwide waiver issued by the Sec-
13 retary under this section to ensure such waiver re-
14 mains justified.
15 ‘‘(2) PUBLIC NOTIFICATION AND OPPORTUNITY
16 FOR COMMENT.—
17 ‘‘(A) IN GENERAL.—Not later than 30 days
18 before the completion of a review under para-
19 graph (1), the Secretary shall provide notifica-
20 tion and an opportunity for public comment on
21 such review.
22 ‘‘(B) MEANS OF NOTIFICATION.—Notifica-
23 tion provided under this subparagraph shall be
24 provided by electronic means, including on the
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1 public website of the Department of Transpor-
2 tation.
3 ‘‘(3) DETAILED JUSTIFICATION IN FEDERAL REG-
4 ISTER.—After the completion of a review under para-
5 graph (1), the Secretary shall publish in the Federal
6 Register a detailed justification for the determination
7 made under paragraph (1) that addresses all public
8 comments received under paragraph (2).
9 ‘‘(j) REPORT.—Not later than 120 days after the last
10 day of each fiscal year, the Secretary shall submit to the
11 Committee on Transportation and Infrastructure of the
12 House of Representatives, the Committee on Appropriations
13 of the House of Representatives, the Committee on Environ-
14 ment and Public Works of the Senate, and the Committee
15 on Appropriations of the Senate a report on the waivers
16 provided under subsection (h) during the previous fiscal
17 year and the justifications for such waivers.’’.
18 (b) SAFETEA–LU TECHNICAL CORRECTIONS ACT OF
19 2008.—Section 117 of the SAFETEA–LU Technical Cor-
20 rections Act of 2008 (23 U.S.C. 313 note) is repealed.
21 SEC. 1113. FEDERAL-AID HIGHWAY PROJECT REQUIRE-
22 MENTS.
23 (a) IN GENERAL.—Except as otherwise provided in
24 subsection (b), notwithstanding any other provision of law,
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1 title 23, United States Code, and title I of division B this
2 Act and the amendments made by this Act to comply with
3 subsection (a) of section 113 of title 23, United States Code,
4 with respect to all construction work, in the same manner
5 that recipients of assistance under chapter 1 of such title
6 are required to comply with such subsection for construction
7 work performed on highway projects on Federal-aid high-
8 ways.
9 (b) TREATMENT OF CERTAIN PROJECTS.—The Sec-
10 retary shall apply the requirements of section 1306(l) of this
11 Act and sections 117(k), 172(j), and 173(k) of title 23,
12 United States Code, to a project funded with a grant under
13 such sections.
14 SEC. 1114. STATE ASSUMPTION OF RESPONSIBILITY FOR
15 CATEGORICAL EXCLUSIONS.
16 Section 326(c)(3) of title 23, United States Code, is
17 amended—
18 (1) by striking subparagraph (A) and inserting
19 the following:
20 ‘‘(A) except as provided under subpara-
21 graph (C), have a term of not more than 3
22 years;’’;
23 (2) in subparagraph (B) by striking the period
24 at the end and inserting ‘‘; and’’; and
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1 ‘‘(C) for any State that has assumed the re-
2 sponsibility for categorical exclusions under this
3 section for at least 10 years, have a term of 5
4 years.’’.
5 SEC. 1115. SURFACE TRANSPORTATION PROJECT DELIVERY
6 PROGRAM WRITTEN AGREEMENTS.
7 Section 327 of title 23, United States Code, is amend-
8 ed—
9 (1) in subsection (c)—
10 (A) by striking paragraph (5) and inserting
11 the following:
12 ‘‘(5) except as provided under paragraph (7),
13 have a term of not more than 5 years;’’;
14 (B) in paragraph (6) by striking the period
15 at the end and inserting ‘‘; and’’; and
16 (C) by adding at the end the following:
17 ‘‘(7) for any State that has participated in a
18 program under this section (or under a predecessor
19 program) for at least 10 years, have a term of 10
20 years.’’;
21 (2) in subsection (g)(1)—
22 (A) in subparagraph (C) by striking ‘‘an-
23 nual’’;
24 (B) in subparagraph (B) by striking ‘‘and’’
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1 (C) by redesignating subparagraph (C) as
2 subparagraph (D); and
3 (D) by inserting after subparagraph (B) the
4 following:
5 ‘‘(C) in the case of an agreement period of
6 greater than 5 years under subsection (c)(7), con-
7 duct an audit covering the first 5 years of the
8 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 Federal
13 agency for the purposes of all Federal laws pursuant to
14 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 than
20 de minimus maintenance or repair work as deter-
21 mined by the applicable State department of trans-
22 portation, on a bridge or overpass structure funded
23 under title 23, United States Code.
24 (2) CERTIFIED CONTRACTOR.—The term ‘‘cer-
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1 tracting firm that has been certified by a third party
2 organization that evaluates the capability of the con-
3 tractor or subcontractor to properly perform one or
4 more specified aspects of applicable bridge projects as
5 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 organization
10 that sets industry corrosion standards or is recognized
11 in corrosion management transportation structures by
12 the Department of Transportation, for the purposes of
13 controlling, mitigating and preventing corrosion, or a
14 program registered under the Act of August 16, 1937
15 (29 U.S.C. 50 et seq.) (commonly known as the ‘‘Na-
16 tional Apprenticeship Act’’) that meets the require-
17 ments of parts 29 and 30 of title 29, Code of Federal
18 Regulations, as in effect on January 1, 2020.
19 (b) APPLICABLE BRIDGE PROJECTS.—
20 (1) QUALITY CONTROL.—A certified contractor
21 shall carry out aspects of an applicable bridge project
22 described in paragraph (2).
23 (2) ASPECTS OF APPLICABLE BRIDGE
24 PROJECTS.—Aspects of an applicable bridge project
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1 (A) surface preparation or coating applica-
2 tion on steel or rebar of an applicable bridge
3 project;
4 (B) removal of a lead-based or other haz-
5 ardous coating from steel of an existing applica-
6 ble bridge project;
7 (C) shop painting of structural steel or
8 rebar fabricated for installation on an applicable
9 bridge project; and
10 (D) the design, application, installation
11 and maintenance of a cathodic protection system
12 on an applicable bridge project.
13 (3) CORROSION MANAGEMENT SYSTEM.—A State
14 transportation department shall—
15 (A) implement a corrosion management sys-
16 tem that utilizes industry-recognized standards
17 and corrosion mitigation and prevention meth-
18 ods to address—
19 (i) surface preparation;
20 (ii) protective coatings;
21 (iii) materials selection;
22 (iv) cathodic protection;
23 (v) corrosion engineering;
24 (vi) personnel training; and
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1 (vii) best practices in environmental
2 protection to prevent environmental deg-
3 radation and uphold public health;
4 (B) require certified contractors that employ
5 appropriately trained and certified coating ap-
6 plicators to carry out aspects of applicable
7 bridge projects as described in paragraph (2);
8 and
9 (C) use certified cathodic protection profes-
10 sionals for all aspects of applicable bridge
11 projects that require knowledge of the design, in-
12 stallation, monitoring, or maintenance of a ca-
13 thodic protection system.
14 (c) TRAINING PROGRAM.—As a condition of entering
15 into a contract for an applicable bridge project, each cer-
16 tified contractor shall provide training, through a qualified
17 training program, for each applicable craft or trade classi-
18 fication of employees that the certified contractor intends
19 to employ to carry out aspects of applicable bridge projects
20 as described in subsection (b)(2).
21 SEC. 1117. SENSE OF CONGRESS.
22 It is the sense of Congress that—
23 (1) States should utilize life-cycle cost analysis to
24 evaluate the total economic cost of a transportation
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1 (2) data indicating that future repair costs asso-
2 ciated with a transportation project frequently total
3 more than half of the initial cost of the project, and
4 that conducting life-cycle cost analysis prior to con-
5 struction will help States identify the most cost-effec-
6 tive option, improve their economic performance, and
7 lower the total cost of building and maintaining the
8 project.
9 Subtitle B—Programmatic
10 Infrastructure Investment
11 SEC. 1201. NATIONAL HIGHWAY PERFORMANCE PROGRAM.
12 Section 119 of title 23, United States Code, is amend-
13 ed—
14 (1) by striking subsection (b) and inserting the
15 following:
16 ‘‘(b) PURPOSES.—The purposes of the national high-
17 way performance program shall be—
18 ‘‘(1) to provide support for the condition and
19 performance of the National Highway System, con-
20 sistent with the asset management plans of States;
21 ‘‘(2) to support progress toward the achievement
22 of performance targets of States established under sec-
23 tion 150;
24 ‘‘(3) to increase the resilience of Federal-aid
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1 ‘‘(4) to provide support for the construction of
2 new facilities on the National Highway System, con-
3 sistent with subsection (d)(3).’’;
4 (2) in subsection (d)—
5 (A) in paragraph (1)(A) by striking ‘‘or
6 freight movement on the National Highway Sys-
7 tem’’ and inserting ‘‘freight movement, environ-
8 mental sustainability, transportation system ac-
9 cess, or combating climate change’’;
10 (B) in paragraph (1)(B) by striking ‘‘and’’
11 at the end;
12 (C) in paragraph (2)—
13 (i) in subparagraph (G)—
14 (I) in clause (i) by inserting
15 ‘‘and’’ at the end;
16 (II) in clause (ii) by striking ‘‘;
17 and’’ and inserting a period; and
18 (III) by striking clause (iii);
19 (ii) in subparagraph (I) by inserting
20 ‘‘, including the installation of safety bar-
21 riers and nets on bridges on the National
22 Highway System’’ after ‘‘National Highway
23 System’’; and
24 (iii) by adding at the end the fol-
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1 ‘‘(Q) Projects on or off the National High-
2 way System to reduce greenhouse gas emissions
3 that are eligible under section 171, including the
4 installation of electric vehicle charging infra-
5 structure.
6 ‘‘(R) Projects on or off the National High-
7 way System to enhance resilience of a transpor-
8 tation facility, including protective features.
9 ‘‘(S) Projects and strategies to reduce vehi-
10 cle-caused wildlife mortality related to, or to re-
11 store and maintain connectivity among terres-
12 trial or aquatic habitats affected by, a transpor-
13 tation facility otherwise eligible for assistance
14 under this section.
15 ‘‘(T) Projects on or off the National High-
16 way System to improve an evacuation route eli-
17 gible under section 124(b)(1)(C).
18 ‘‘(U) Undergrounding public utilities in the
19 course of other infrastructure improvements eli-
20 gible under this section to mitigate the cost of re-
21 curring damages from extreme weather events,
22 wildfire or other natural disasters.’’; and
23 (D) by adding at the end the following:
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1 ‘‘(3) a project that is otherwise eligible under
2 this subsection to construct new capacity for single
3 occupancy passenger vehicles only if the State—
4 ‘‘(A) has demonstrated progress in achiev-
5 ing a state of good repair, as defined in the
6 State’s asset management plan, on the National
7 Highway System;
8 ‘‘(B) demonstrates that the project—
9 ‘‘(i) supports the achievement of per-
10 formance targets of the State established
11 under section 150; and
12 ‘‘(ii) is more cost effective, as deter-
13 mined by benefit-cost analysis, than—
14 ‘‘(I) an operational improvement
15 to the facility or corridor;
16 ‘‘(II) the construction of a transit
17 project eligible for assistance under
18 chapter 53 of title 49; or
19 ‘‘(III) the construction of a non-
20 single occupancy passenger vehicle
21 project that improves freight move-
22 ment; and
23 ‘‘(C) has a public plan for maintaining and
24 operating the new asset while continuing its
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1 progress in achieving a state of good repair
2 under subparagraph (A).’’;
3 (3) in subsection (e)—
4 (A) in the heading by inserting ‘‘ASSET
5 AND’’ after ‘‘STATE’’;
6 (B) in paragraph (4)(D) by striking ‘‘anal-
7 ysis’’ and inserting ‘‘analyses, both of which
8 shall take into consideration climate change ad-
9 aptation and resilience;’’; and
10 (C) in paragraph (8) by striking ‘‘Not later
11 than 18 months after the date of enactment of the
12 MAP–21, the Secretary’’ and inserting ‘‘The Sec-
13 retary’’; and
14 (4) by adding at the end the following:
15 ‘‘(k) BENEFIT-COST ANALYSIS.—In carrying out sub-
16 section (d)(3)(B)(ii), the Secretary shall establish a process
17 for analyzing the cost and benefits of projects under such
18 subsection, ensuring that—
19 ‘‘(1) the benefit-cost analysis includes a calcula-
20 tion of all the benefits addressed in the performance
21 measures established under section 150;
22 ‘‘(2) the benefit-cost analysis includes a consider-
23 ation of the total maintenance cost of an asset over
24 the lifecycle of the asset; and
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1 ‘‘(3) the State demonstrates that any travel de-
2 mand modeling used to calculate the benefit-cost anal-
3 ysis has a documented record of accuracy.’’.
4 SEC. 1202. INCREASING THE RESILIENCE OF TRANSPOR-
5 TATION ASSETS.
6 (a) PREDISASTER MITIGATION PROGRAM.—
7 (1) IN GENERAL.—Chapter 1 of title 23, United
8 States Code, is amended by inserting after section 123
9 the following:
10 ‘‘§ 124. Predisaster mitigation program
11 ‘‘(a) ESTABLISHMENT.—The Secretary shall establish
12 and implement a predisaster mitigation program to en-
13 hance the resilience of the transportation system of the
14 United States, mitigate the impacts of covered events, and
15 ensure the efficient use of Federal resources.
16 ‘‘(b) ELIGIBLE ACTIVITIES.—
17 ‘‘(1) IN GENERAL.—Subject to paragraph (2),
18 funds apportioned to the State under section
19 104(b)(8) may be obligated for construction activities,
20 including construction of natural infrastructure or
21 protective features and the development of such
22 projects and programs that help agencies, to—
23 ‘‘(A) increase the resilience of a surface
24 transportation infrastructure asset to withstand
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1 ‘‘(B) relocate or provide a reasonable alter-
2 native to a repeatedly damaged facility;
3 ‘‘(C) for an evacuation route identified in
4 the vulnerability assessment required under sec-
5 tion 134(i)(2)(I)(iii) or section 135(f)(10)(C)—
6 ‘‘(i) improve the capacity or operation
7 of such evacuation route through—
8 ‘‘(I) communications and intel-
9 ligent transportation system equipment
10 and infrastructure;
11 ‘‘(II) counterflow measures; and
12 ‘‘(III) shoulders; and
13 ‘‘(ii) relocate such evacuation route or
14 provide a reasonable alternative to such
15 evacuation route to address the risk of a
16 covered event; and
17 ‘‘(D) recover from incidents that signifi-
18 cantly disrupt a regions transportation system
19 including—
20 ‘‘(i) predisaster training programs that
21 help agencies and regional stakeholders plan
22 for and prepare multimodal recovery efforts;
23 and
24 ‘‘(ii) the establishment of regional wide
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1 ‘‘(2) INFRASTRUCTURE RESILIENCE AND ADAPTA-
2 TION.—No funds shall be obligated to a project under
3 this section unless the project meets each of the fol-
4 lowing criteria:
5 ‘‘(A) The project is designed to ensure resil-
6 ience over the anticipated service life of the sur-
7 face transportation infrastructure asset.
8 ‘‘(B) The project is identified in the metro-
9 politan or statewide transportation improvement
10 program as a project to address resilience
11 vulnerabilities, consistent with section
12 134(j)(3)(E) or 135(g)(5)(B)(iii).
13 ‘‘(C) For a project in a flood-prone area,
14 the project sponsor considers hydrologic and hy-
15 draulic data and methods that integrate current
16 and projected changes in flooding based on cli-
17 mate science over the anticipated service life of
18 the surface transportation infrastructure asset
19 and future forecasted land use changes.
20 ‘‘(3) PRIORITIZATION OF PROJECTS.—A State
21 shall develop a process to prioritize projects under
22 this section based on the degree to which the proposed
23 project would—
24 ‘‘(A) be cost effective;
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1 ‘‘(B) reduce the risk of disruption to a sur-
2 face transportation infrastructure asset consid-
3 ered critical to support population centers,
4 freight movement, economic activity, evacuation,
5 recovery, or national security functions; and
6 ‘‘(C) ease disruptions to vulnerable, at-risk,
7 or transit-dependant populations.
8 ‘‘(c) GUIDANCE.—The Secretary shall provide guid-
9 ance to States to assist with the implementation of para-
10 graphs (2) and (3) of subsection (b).
11 ‘‘(d) DEFINITIONS.—In this section:
12 ‘‘(1) COVERED EVENT.—The term ‘covered event’
13 means a climate change effect (including sea level
14 rise), an extreme event, seismic activity, or any other
15 natural disaster (including a wildfire or landslide).
16 ‘‘(2) SURFACE TRANSPORTATION INFRASTRUC-
17 TURE ASSET.—The term ‘surface transportation in-
18 frastructure asset’ means a facility eligible for assist-
19 ance under this title or chapter 53 of title 49.’’.
20 (2) CONFORMING AMENDMENT.—The analysis for
21 chapter 1 of title 23, United States Code, is amended
22 by inserting after the item relating to section 123 the
23 following:
‘‘124. Predisaster mitigation program.’’.
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24 (b) METROPOLITAN TRANSPORTATION PLANNING.—
25 (1) AMENDMENTS TO TITLE 23.—
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1 (A) CLIMATE CHANGE AND RESILIENCE.—
2 Section 134(i)(2) of title 23, United States Code,
3 is amended by adding at the end the following:
4 ‘‘(I) CLIMATE CHANGE AND RESILIENCE.—
5 ‘‘(i) IN GENERAL.—The transportation
6 planning process shall assess strategies to
7 reduce the climate change impacts of the
8 surface transportation system and conduct
9 a vulnerability assessment to identify op-
10 portunities to enhance the resilience of the
11 surface transportation system and ensure
12 the efficient use of Federal resources.
13 ‘‘(ii) CLIMATE CHANGE MITIGATION
14 AND IMPACTS.—A long-range transportation
15 plan shall—
16 ‘‘(I) identify investments and
17 strategies to reduce transportation-re-
18 lated sources of greenhouse gas emis-
19 sions per capita;
20 ‘‘(II) identify investments and
21 strategies to manage transportation de-
22 mand and increase the rates of public
23 transportation ridership, walking, bi-
24 cycling, and carpools; and
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1 ‘‘(III) recommend zoning and
2 other land use policies that would sup-
3 port infill, transit-oriented develop-
4 ment, and mixed use development.
5 ‘‘(iii) VULNERABILITY ASSESSMENT.—
6 A long-range transportation plan shall in-
7 corporate a vulnerability assessment that—
8 ‘‘(I) includes a risk-based assess-
9 ment of vulnerabilities of critical
10 transportation assets and systems to
11 covered events (as such term is defined
12 in section 124);
13 ‘‘(II) considers, as applicable, the
14 risk management analysis in the
15 State’s asset management plan devel-
16 oped pursuant to section 119, and the
17 State’s evaluation of reasonable alter-
18 natives to repeatedly damaged facilities
19 conducted under part 667 of title 23,
20 Code of Federal Regulations;
21 ‘‘(III) identifies evacuation routes,
22 assesses the ability of any such routes
23 to provide safe passage for evacuation
24 and emergency response during an
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1 improvements or redundant facilities
2 necessary to adequately facilitate safe
3 passage;
4 ‘‘(IV) describes the metropolitan
5 planning organization’s adaptation
6 and resilience improvement strategies
7 that will inform the transportation in-
8 vestment decisions of the metropolitan
9 planning organization; and
10 ‘‘(V) is consistent with and com-
11 plementary of the State and local miti-
12 gation plans required under section
13 322 of the Robert T. Stafford Disaster
14 Relief and Emergency Assistance Act
15 (42 U.S.C. 5165).
16 ‘‘(iv) CONSULTATION.—The assessment
17 described in this subparagraph shall be de-
18 veloped in consultation with, as appro-
19 priate, State, local, and Tribal officials re-
20 sponsible for land use, housing, resilience,
21 hazard mitigation, and emergency manage-
22 ment.’’.
23 (B) RESILIENCE PROJECTS.—Section
24 134(j)(3) of title 23, United States Code, is
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25 amended by adding at the end the following:
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1 ‘‘(E) RESILIENCE PROJECTS.—The TIP
2 shall—
3 ‘‘(i) identify projects that address the
4 vulnerabilities identified by the assessment
5 in subsection (i)(2)(I)(iii); and
6 ‘‘(ii) describe how each project identi-
7 fied under clause (i) would improve the re-
8 silience of the transportation system.’’.
9 (2) AMENDMENTS TO TITLE 49.—
10 (A) CLIMATE CHANGE AND RESILIENCE.—
11 Section 5303(i)(2) of title 49, United States
12 Code, is amended by adding at the end the fol-
13 lowing:
14 ‘‘(I) CLIMATE CHANGE AND RESILIENCE.—
15 ‘‘(i) IN GENERAL.—The transportation
16 planning process shall assess strategies to
17 reduce the climate change impacts of the
18 surface transportation system and conduct
19 a vulnerability assessment to identify op-
20 portunities to enhance the resilience of the
21 surface transportation system and ensure
22 the efficient use of Federal resources.
23 ‘‘(ii) CLIMATE CHANGE MITIGATION
24 AND IMPACTS.—A long-range transportation
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1 ‘‘(I) identify investments and
2 strategies to reduce transportation-re-
3 lated sources of greenhouse gas emis-
4 sions per capita;
5 ‘‘(II) identify investments and
6 strategies to manage transportation de-
7 mand and increase the rates of public
8 transportation ridership, walking, bi-
9 cycling, and carpools; and
10 ‘‘(III) recommend zoning and
11 other land use policies that would sup-
12 port infill, transit-oriented develop-
13 ment, and mixed use development.
14 ‘‘(iii) VULNERABILITY ASSESSMENT.—
15 A long-range transportation plan shall in-
16 corporate a vulnerability assessment that—
17 ‘‘(I) includes a risk-based assess-
18 ment of vulnerabilities of critical
19 transportation assets and systems to
20 covered events (as such term is defined
21 in section 124 of title 23);
22 ‘‘(II) considers, as applicable, the
23 risk management analysis in the
24 State’s asset management plan devel-
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1 23, and the State’s evaluation of rea-
2 sonable alternatives to repeatedly dam-
3 aged facilities conducted under part
4 667 of title 23, Code of Federal Regula-
5 tions;
6 ‘‘(III) identifies evacuation routes,
7 assesses the ability of any such routes
8 to provide safe passage for evacuation
9 and emergency response during an
10 emergency event, and identifies any
11 improvements or redundant facilities
12 necessary to adequately facilitate safe
13 passage;
14 ‘‘(IV) describes the metropolitan
15 planning organization’s adaptation
16 and resilience improvement strategies
17 that will inform the transportation in-
18 vestment decisions of the metropolitan
19 planning organization; and
20 ‘‘(V) is consistent with and com-
21 plementary of the State and local miti-
22 gation plans required under section
23 322 of the Robert T. Stafford Disaster
24 Relief and Emergency Assistance Act
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25 (42 U.S.C. 5165).
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1 ‘‘(iv) CONSULTATION.—The assessment
2 described in this subparagraph shall be de-
3 veloped in consultation, as appropriate,
4 with State, local, and Tribal officials re-
5 sponsible for land use, housing, resilience,
6 hazard mitigation, and emergency manage-
7 ment.’’.
8 (B) RESILIENCE PROJECTS.—Section
9 5303(j)(3) of title 49, United States Code, is
10 amended by adding at the end the following:
11 ‘‘(E) RESILIENCE PROJECTS.—The TIP
12 shall—
13 ‘‘(i) identify projects that address the
14 vulnerabilities identified by the assessment
15 in subsection (i)(2)(I)(iii); and
16 ‘‘(ii) describe how each project identi-
17 fied under clause (i) would improve the re-
18 silience of the transportation system.’’.
19 (c) STATEWIDE AND NONMETROPOLITAN PLANNING.—
20 (1) AMENDMENTS TO TITLE 23.—
21 (A) CLIMATE CHANGE AND RESILIENCE.—
22 Section 135(f) of title 23, United States Code, is
23 amended by adding at the end the following:
24 ‘‘(10) CLIMATE CHANGE AND RESILIENCE.—
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1 ‘‘(A) IN GENERAL.—The transportation
2 planning process shall assess strategies to reduce
3 the climate change impacts of the surface trans-
4 portation system and conduct a vulnerability as-
5 sessment to identify opportunities to enhance the
6 resilience of the surface transportation system
7 and ensure the efficient use of Federal resources.
8 ‘‘(B) CLIMATE CHANGE MITIGATION AND IM-
9 PACTS.—A long-range transportation plan
10 shall—
11 ‘‘(i) identify investments and strategies
12 to reduce transportation-related sources of
13 greenhouse gas emissions per capita;
14 ‘‘(ii) identify investments and strate-
15 gies to manage transportation demand and
16 increase the rates of public transportation
17 ridership, walking, bicycling, and carpools;
18 and
19 ‘‘(iii) recommend zoning and other
20 land use policies that would support infill,
21 transit-oriented development, and mixed use
22 development.
23 ‘‘(C) VULNERABILITY ASSESSMENT.—A
24 long-range transportation plan shall incorporate
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25 a vulnerability assessment that—
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159
1 ‘‘(i) includes a risk-based assessment of
2 vulnerabilities of critical transportation as-
3 sets and systems to covered events (as such
4 term is defined in section 124);
5 ‘‘(ii) considers, as applicable, the risk
6 management analysis in the State’s asset
7 management plan developed pursuant to
8 section 119, and the State’s evaluation of
9 reasonable alternatives to repeatedly dam-
10 aged facilities conducted under part 667 of
11 title 23, Code of Federal Regulations;
12 ‘‘(iii) identifies evacuation routes, as-
13 sesses the ability of any such routes to pro-
14 vide safe passage for evacuation and emer-
15 gency response during an emergency event,
16 and identifies any improvements or redun-
17 dant facilities necessary to adequately fa-
18 cilitate safe passage;
19 ‘‘(iv) describes the States’s adaptation
20 and resilience improvement strategies that
21 will inform the transportation investment
22 decisions of the State; and
23 ‘‘(v) is consistent with and complemen-
24 tary of the State and local mitigation plans
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25 required under section 322 of the Robert T.
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1 Stafford Disaster Relief and Emergency As-
2 sistance Act (42 U.S.C. 5165).
3 ‘‘(D) CONSULTATION.—The assessment de-
4 scribed in this subparagraph shall be developed
5 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
10 135(g)(5)(B) of title 23, United States Code, is
11 amended by adding at the end the following:
12 ‘‘(iii) RESILIENCE PROJECTS.—The
13 STIP shall—
14 ‘‘(I) identify projects that address
15 the vulnerabilities identified by the as-
16 sessment in subsection (i)(10)(B); and
17 ‘‘(II) describe how each project
18 identified under subclause (I) would
19 improve the resilience of the transpor-
20 tation system.’’.
21 (2) AMENDMENTS TO TITLE 49.—
22 (A) CLIMATE CHANGE AND RESILIENCE.—
23 Section 5304(f) of title 49, United States Code,
24 is amended by adding at the end the following:
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25 ‘‘(10) CLIMATE CHANGE AND RESILIENCE.—
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161
1 ‘‘(A) IN GENERAL.—The transportation
2 planning process shall assess strategies to reduce
3 the climate change impacts of the surface trans-
4 portation system and conduct a vulnerability as-
5 sessment to identify opportunities to enhance the
6 resilience of the surface transportation system
7 and ensure the efficient use of Federal resources.
8 ‘‘(B) CLIMATE CHANGE MITIGATION AND IM-
9 PACTS.—A long-range transportation plan
10 shall—
11 ‘‘(i) identify investments and strategies
12 to reduce transportation-related sources of
13 greenhouse gas emissions per capita;
14 ‘‘(ii) identify investments and strate-
15 gies to manage transportation demand and
16 increase the rates of public transportation
17 ridership, walking, bicycling, and carpools;
18 and
19 ‘‘(iii) recommend zoning and other
20 land use policies that would support infill,
21 transit-oriented development, and mixed use
22 development.
23 ‘‘(C) VULNERABILITY ASSESSMENT.—A
24 long-range transportation plan shall incorporate
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1 ‘‘(i) includes a risk-based assessment of
2 vulnerabilities of critical transportation as-
3 sets and systems to covered events (as such
4 term is defined in section 124 of title 23);
5 ‘‘(ii) considers, as applicable, the risk
6 management analysis in the State’s asset
7 management plan developed pursuant to
8 section 119 of title 23, and the State’s eval-
9 uation of reasonable alternatives to repeat-
10 edly damaged facilities conducted under
11 part 667 of title 23, Code of Federal Regu-
12 lations;
13 ‘‘(iii) identifies evacuation routes, as-
14 sesses the ability of any such routes to pro-
15 vide safe passage for evacuation and emer-
16 gency response during an emergency event,
17 and identifies any improvements or redun-
18 dant facilities necessary to adequately fa-
19 cilitate safe passage;
20 ‘‘(iv) describes the State’s adaptation
21 and resilience improvement strategies that
22 will inform the transportation investment
23 decisions of the State; and
24 ‘‘(v) is consistent with and complemen-
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25 tary of the State and local mitigation plans
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1 required under section 322 of the Robert T.
2 Stafford Disaster Relief and Emergency As-
3 sistance Act (42 U.S.C. 5165).
4 ‘‘(D) CONSULTATION.—The assessment de-
5 scribed in this subparagraph shall be developed
6 in consultation with, as appropriate, State,
7 local, and Tribal officials responsible for land
8 use, housing, resilience, hazard mitigation, and
9 emergency management.’’.
10 (B) RESILIENCE PROJECTS.—Section
11 5304(g)(5)(B) of title 49, United States Code, is
12 amended by adding at the end the following:
13 ‘‘(iii) RESILIENCE PROJECTS.—The
14 STIP shall—
15 ‘‘(I) identify projects that address
16 the vulnerabilities identified by the as-
17 sessment in subsection (i)(10)(B); and
18 ‘‘(II) describe how each project
19 identified under subclause (I) would
20 improve the resilience of the transpor-
21 tation system.’’.
22 SEC. 1203. EMERGENCY RELIEF.
23 (a) IN GENERAL.—Section 125 of title 23, United
24 States Code, is amended—
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1 (1) in subsection (a)(1) by inserting ‘‘wildfire,’’
2 after ‘‘severe storm,’’;
3 (2) by striking subsection (b);
4 (3) in subsection (c)(2)(A) by striking ‘‘in any
5 1 fiscal year commencing after September 30, 1980,’’
6 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 sec-
16 tion only for the repair or reconstruction of highways
17 on Federal-aid highways in accordance with this
18 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 by
24 the Governor of the State with concurrence
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25 by the Secretary, unless the President has
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1 declared the emergency to be a major dis-
2 aster for the purposes of the Robert T. Staf-
3 ford Disaster Relief and Emergency Assist-
4 ance Act (42 U.S.C. 5121 et seq.) for which
5 concurrence of the Secretary is not required;
6 and
7 ‘‘(ii) the Secretary has received an ap-
8 plication from the State transportation de-
9 partment that includes a comprehensive list
10 of all eligible project sites and repair costs
11 by not later than 2 years after the natural
12 disaster or catastrophic failure.
13 ‘‘(B) COST LIMITATION.—The total cost of a
14 project funded under this section may not exceed
15 the cost of repair or reconstruction of a com-
16 parable facility unless the Secretary determines
17 that the project incorporates economically justi-
18 fied betterments, including protective features to
19 increase the resilience of the facility.
20 ‘‘(3) SPECIAL RULE FOR BRIDGE PROJECTS.—In
21 no case shall funds be used under this section for the
22 repair or reconstruction of a bridge—
23 ‘‘(A) that has been permanently closed to all
24 vehicular traffic by the State or responsible local
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1 due to a structural deficiency or physical dete-
2 rioration; or
3 ‘‘(B) if a construction phase of a replace-
4 ment structure is included in the approved state-
5 wide transportation improvement program at
6 the time of an event described in subsection (a).’’;
7 (5) in subsection (e)—
8 (A) by striking paragraph (1);
9 (B) in paragraph (2) by striking ‘‘sub-
10 section (d)(1)’’ and inserting ‘‘subsection (c)(1)’’;
11 and
12 (C) by redesignating paragraphs (2) and
13 (3), as amended, as paragraphs (1) and (2), re-
14 spectively;
15 (6) by redesignating subsections (c) through (g),
16 as amended, as subsections (b) through (f), respec-
17 tively; and
18 (7) by adding at the end the following:
19 ‘‘(g) IMPOSITION OF DEADLINE.—
20 ‘‘(1) IN GENERAL.—Notwithstanding any other
21 provision of law, the Secretary may not require any
22 project funded under this section to advance to the
23 construction obligation stage before the date that is
24 the last day of the sixth fiscal year after the later of—
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1 ‘‘(A) the date on which the Governor de-
2 clared the emergency, as described in subsection
3 (d)(2)(A)(i); or
4 ‘‘(B) the date on which the President de-
5 clared the emergency to be a major disaster, as
6 described in such subsection.
7 ‘‘(2) EXTENSION OF DEADLINE.—If the Secretary
8 imposes a deadline for advancement to the construc-
9 tion obligation stage pursuant to paragraph (1), the
10 Secretary may, upon the request of the Governor of
11 the State, issue an extension of not more than 1 year
12 to complete such advancement, and may issue addi-
13 tional extensions after the expiration of any exten-
14 sion, if the Secretary determines the Governor of the
15 State has provided suitable justification to warrant
16 such an extension.
17 ‘‘(h) PREDISASTER HAZARD MITIGATION PILOT PRO-
18 GRAM.—
19 ‘‘(1) IN GENERAL.—The Secretary shall establish
20 a predisaster mitigation program for the purpose of
21 mitigating future hazards posed to Federal-aid high-
22 ways.
23 ‘‘(2) DISTRIBUTION OF FUNDS.—Every 6
24 months, the Secretary shall total the amount of funds
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25 made available to each State, territory, Tribal or
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1 other eligible entity under the emergency relief pro-
2 gram under this section during the preceding 6
3 months and remit an additional 5 percent from the
4 Highway Trust Fund to such entities for eligible ac-
5 tivities described in paragraph (3).
6 ‘‘(3) ELIGIBLE ACTIVITIES.—Funds made avail-
7 able under paragraph (2) shall be used for mitigation
8 projects and activities that the Secretary determines
9 are cost effective and which substantially reduce the
10 risk of, or increase resilience to, future damage as a
11 result of natural disasters, including by flood, hurri-
12 cane, tidal wave, earthquake, severe storm, or land-
13 slide, by upgrading existing assets to meet or exceed
14 design standards adopted by the Federal Highway
15 Administration by—
16 ‘‘(A) relocating or elevating roadways;
17 ‘‘(B) increasing the size or number of
18 drainage structures, including culverts;
19 ‘‘(C) installing mitigation measures to pre-
20 vent the impairment of transportation assets as
21 a result of the intrusion of floodwaters;
22 ‘‘(D) improving bridges to expand water ca-
23 pacity and prevent flooding;
24 ‘‘(E) deepening channels to prevent asset in-
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1 ‘‘(F) improving strength of natural features
2 adjacent to highway right-of-way to promote ad-
3 ditional flood storage;
4 ‘‘(G) installing or upgrading tide gates and
5 flood gates;
6 ‘‘(H) stabilizing slide areas or slopes;
7 ‘‘(I) installing seismic retrofits for bridges;
8 ‘‘(J) adding scour protection at bridges;
9 ‘‘(K) adding scour, stream stability, coastal,
10 or other hydraulic countermeasures, including
11 riprap;
12 ‘‘(L) installing intelligent transportation
13 system equipment to monitor infrastructure
14 quality; and
15 ‘‘(M) any other protective features as deter-
16 mined by the Secretary.
17 ‘‘(4) REPORT.—The Secretary shall submit to the
18 Committee on Transportation and Infrastructure of
19 the House of Representatives and the Committee on
20 Environment and Public Works of the Senate an an-
21 nual report detailing—
22 ‘‘(A) a description of the activities carried
23 out under the pilot program;
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1 ‘‘(B) an evaluation of the effectiveness of the
2 pilot program in meeting purposes descried in
3 paragraph (1);
4 ‘‘(C) policy recommendations to improve the
5 effectiveness of the pilot program.
6 ‘‘(i) IMPROVING THE EMERGENCY RELIEF PRO-
7 GRAM.—Not later than 90 days after the date of enactment
8 of the INVEST in America Act, the Secretary shall—
9 ‘‘(1) revise the emergency relief manual of the
10 Federal Highway Administration—
11 ‘‘(A) to include and reflect the definition of
12 the term ‘resilience’ (as defined in section
13 101(a));
14 ‘‘(B) to identify procedures that States may
15 use to incorporate resilience into emergency relief
16 projects; and
17 ‘‘(C) to encourage the use of context sen-
18 sitive design principles and consideration of ac-
19 cess for moderate- and low-income families im-
20 pacted by a declared disaster;
21 ‘‘(2) develop best practices for improving the use
22 of resilience in—
23 ‘‘(A) the emergency relief program under
24 section 125; and
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25 ‘‘(B) emergency relief efforts;
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1 ‘‘(3) provide to division offices of the Federal
2 Highway Administration and State departments of
3 transportation information on the best practices de-
4 veloped under paragraph (2); and
5 ‘‘(4) develop and implement a process to track—
6 ‘‘(A) the consideration of resilience as part
7 of the emergency relief program under section
8 125; and
9 ‘‘(B) the costs of emergency relief projects.
10 ‘‘(j) DEFINITIONS.—In this section:
11 ‘‘(1) COMPARABLE FACILITY.—The term ‘com-
12 parable facility’ means a facility that meets the cur-
13 rent geometric and construction standards required
14 for the types and volume of traffic that the facility
15 will carry over its design life.
16 ‘‘(2) CONSTRUCTION PHASE.—The term ‘con-
17 struction phase’ means the phase of physical construc-
18 tion of a highway or bridge facility that is separate
19 from any other identified phases, such as planning,
20 design, or right-of-way phases, in the State transpor-
21 tation improvement program.
22 ‘‘(3) OPEN TO PUBLIC TRAVEL.—The term ‘open
23 to public travel’ means with respect to a road, that,
24 except during scheduled periods, extreme weather con-
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25 ditions, or emergencies, the road—
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1 ‘‘(A) is maintained;
2 ‘‘(B) is open to the general public; and
3 ‘‘(C) can accommodate travel by a standard
4 passenger vehicle, without restrictive gates or
5 prohibitive signs or regulations, other than for
6 general traffic control or restrictions based on
7 size, weight, or class of registration.
8 ‘‘(4) STANDARD PASSENGER VEHICLE.—The term
9 ‘standard passenger vehicle’ means a vehicle with 6
10 inches of clearance from the lowest point of the frame,
11 body, suspension, or differential to the ground.’’.
12 (b) SUNSET.—On the date that is 5 years after the date
13 of enactment of this Act, the authority provided under sec-
14 tion 125(h) of title 23, United States Code, shall terminate.
15 (c) CONFORMING AMENDMENTS.—
16 (1) FEDERAL LANDS AND TRIBAL TRANSPOR-
17 TATION PROGRAMS.—Section 201(c)(8)(A) of title 23,
18 United States Code, is amended by striking ‘‘section
19 125(e)’’ and inserting ‘‘section 125(g)’’.
20 (2) TRIBAL TRANSPORTATION PROGRAM.—Sec-
21 tion 202(b)(6)(A) of title 23, United States Code, is
22 amended by striking ‘‘section 125(e)’’ and inserting
23 ‘‘section 125(d)’’.
24 (d) REPEAL.—Section 668.105(h) of title 23, Code of
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25 Federal Regulations, is repealed.
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1 SEC. 1204. RAILWAY CROSSINGS.
2 (a) IN GENERAL.—Section 130 of title 23, United
3 States Code, is amended—
4 (1) in the section heading by striking ‘‘Rail-
5 way-highway crossings’’ and inserting ‘‘Rail-
6 way crossings’’;
7 (2) in subsection (a)—
8 (A) by striking ‘‘Subject to section 120 and
9 subsection (b) of this section, the entire’’ and in-
10 serting ‘‘IN GENERAL.—The’’;
11 (B) by striking ‘‘then the entire’’ and in-
12 serting ‘‘the’’; and
13 (C) by striking ‘‘, subject to section 120 and
14 subsection (b) of this section,’’;
15 (3) by amending subsection (b) to read as fol-
16 lows:
17 ‘‘(b) CLASSIFICATION.—
18 ‘‘(1) IN GENERAL.—The construction of projects
19 for the elimination of hazards at railway crossings
20 represents a benefit to the railroad. The Secretary
21 shall classify the various types of projects involved in
22 the elimination of hazards of railway-highway cross-
23 ings, and shall set for each such classification a per-
24 centage of the total project cost that represent the ben-
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25 efit to the railroad or railroads for the purpose of de-
26 termining the railroad’s share of the total project cost.
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1 The Secretary shall determine the appropriate classi-
2 fication of each project.
3 ‘‘(2) NONCASH CONTRIBUTIONS.—
4 ‘‘(A) IN GENERAL.—Not more than 5 per-
5 cent of the cost share described in paragraph (1)
6 may be attributable to noncash contributions of
7 materials and labor furnished by the railroad in
8 connection with the construction of such project.
9 ‘‘(B) REQUIREMENT.—The requirements
10 under section 200.306 and 200.403(g) of title 2,
11 Code of Federal Regulations (or successor regula-
12 tions), shall apply to any noncash contributions
13 under this subsection.
14 ‘‘(3) TOTAL PROJECT COST.—For the purposes of
15 this subsection, the determination of the railroad’s
16 share of the total project cost shall include environ-
17 ment, design, right-of-way, utility accommodation,
18 and construction phases of the project.’’;
19 (4) in subsection (c)—
20 (A) by striking ‘‘Any railroad involved’’
21 and inserting ‘‘BENEFIT.—Any railroad in-
22 volved’’;
23 (B) by striking ‘‘the net benefit’’ and insert-
24 ing ‘‘the cost associated with the benefit’’; and
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1 (C) by striking ‘‘Such payment may consist
2 in whole or in part of materials and labor fur-
3 nished by the railroad in connection with the
4 construction of such project.’’;
5 (5) by striking subsection (e) and inserting the
6 following:
7 ‘‘(e) RAILWAY CROSSINGS.—
8 ‘‘(1) ELIGIBLE ACTIVITIES.—Funds apportioned
9 to a State under section 104(b)(7) may be obligated
10 for the following:
11 ‘‘(A) The elimination of hazards at rail-
12 way-highway crossings, including technology or
13 protective upgrades.
14 ‘‘(B) Construction (including installation
15 and replacement) of protective devices at rail-
16 way-highway crossings.
17 ‘‘(C) Infrastructure and noninfrastructure
18 projects and strategies to prevent or reduce sui-
19 cide or trespasser fatalities and injuries along
20 railroad rights-of-way and at or near railway-
21 highway crossings.
22 ‘‘(D) Projects to mitigate any degradation
23 in the level of access from a highway-grade cross-
24 ing closure.
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1 ‘‘(E) Bicycle and pedestrian railway grade
2 crossing improvements, including underpasses
3 and overpasses.
4 ‘‘(F) Projects eligible under section
5 22907(c)(5) of title 49, provided that amounts
6 obligated under this subparagraph—
7 ‘‘(i) shall be administered by the Sec-
8 retary in accordance with such section as if
9 such amounts were made available to carry
10 out such section; and
11 ‘‘(ii) may be used to pay up to 90 per-
12 cent of the non-Federal share of the cost of
13 a project carried out under such section.
14 ‘‘(2) SPECIAL RULE.—If a State demonstrates to
15 the satisfaction of the Secretary that the State has
16 met all its needs for installation of protective devices
17 at railway-highway crossings, the State may use
18 funds made available by this section for other high-
19 way safety improvement program purposes.’’;
20 (6) by striking subsection (f) and inserting the
21 following:
22 ‘‘(f) FEDERAL SHARE.—Notwithstanding section 120,
23 the Federal share payable on account of any project fi-
24 nanced with funds made available to carry out subsection
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25 (e) shall be up to 90 percent of the cost thereof.’’;
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1 (7) by striking subsection (g) and inserting the
2 following:
3 ‘‘(g) REPORT.—
4 ‘‘(1) STATE REPORT.—
5 ‘‘(A) IN GENERAL.—Not later than 2 years
6 after the date of enactment of the INVEST in
7 America Act, and at least biennially thereafter,
8 each State shall submit to the Secretary a report
9 on the progress being made to implement the
10 railway crossings program authorized by this
11 section and the effectiveness of such improve-
12 ments.
13 ‘‘(B) CONTENTS.—Each State report under
14 subparagraph (A) shall contain an assessment of
15 the costs of the various treatments employed and
16 subsequent accident experience at improved loca-
17 tions.
18 ‘‘(2) DEPARTMENTAL REPORT.—
19 ‘‘(A) IN GENERAL.—Not later than 180
20 days after the deadline for the submission of a
21 report under paragraph (1)(A), the Secretary
22 shall publish on the website of the Department of
23 Transportation a report on the progress being
24 made by the State in implementing projects to
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1 ‘‘(B) CONTENTS.—The report under sub-
2 paragraph (A) shall include—
3 ‘‘(i) the number of projects undertaken;
4 ‘‘(ii) distribution of such projects by
5 cost range, road system, nature of treat-
6 ment, and subsequent accident experience at
7 improved locations;
8 ‘‘(iii) an analysis and evaluation of
9 each State program;
10 ‘‘(iv) the identification of any State
11 found not to be in compliance with the
12 schedule of improvements required by sub-
13 section (d); and
14 ‘‘(v) recommendations for future imple-
15 mentation of the railway crossings pro-
16 gram.’’;
17 (8) in subsection (j)—
18 (A) in the heading by inserting ‘‘AND PE-
19 DESTRIAN’’ after ‘‘BICYCLE’’; and
20 (B) by inserting ‘‘and pedestrian’’ after ‘‘bi-
21 cycle’’; and
22 (9) in subsection (l)—
23 (A) in paragraph (1) by striking ‘‘Not later
24 than’’ and all that follows through ‘‘each State’’
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1 new railway crossing becomes operational, each
2 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 chapter
8 1 of title 23, United States Code, is amended by amending
9 the item relating to section 130 to read as follows:
‘‘130. Railway crossings.’’.
10 (c) GAO STUDY.—Not later than 2 years after the date
11 of enactment of this Act, the Comptroller General of the
12 United States shall submit to Congress a report that in-
13 cludes an analysis of the effectiveness of the railway cross-
14 ing program under section 130 of title 23, United States
15 Code.
16 (d) SENSE OF CONGRESS RELATING TO TRESPASSER
17 DEATHS ALONG RAILROAD RIGHTS-OF-WAY.—It is the
18 sense of Congress that the Department of Transportation
19 should, where feasible, coordinate departmental efforts to
20 prevent or reduce trespasser deaths along railroad rights-
21 of-way and at or near railway-highway crossings.
22 SEC. 1205. SURFACE TRANSPORTATION PROGRAM.
23 (a) IN GENERAL.—Section 133 of title 23, United
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24 States Code, is amended—
25 (1) in the heading by striking ‘‘block grant’’;
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1 (2) in subsection (a) by striking ‘‘block grant’’;
2 (3) in subsection (b)—
3 (A) by striking ‘‘block grant’’;
4 (B) in paragraph (4) by striking ‘‘railway-
5 highway grade crossings’’ and inserting ‘‘projects
6 eligible under section 130 and installation of
7 safety barriers and nets on bridges’’;
8 (C) in paragraph (6)—
9 (i) by striking ‘‘Recreational’’ and in-
10 serting ‘‘Transportation alternatives
11 projects eligible under subsection (h), rec-
12 reational’’; and
13 (ii) by striking ‘‘1404 of SAFETEA–
14 LU (23 U.S.C. 402 note)’’ and inserting
15 ‘‘211’’; and
16 (D) by adding at the end the following:
17 ‘‘(16) Protective features (including natural in-
18 frastructure and vegetation control and clearance) to
19 enhance the resilience of a transportation facility oth-
20 erwise eligible for assistance under this section.
21 ‘‘(17) Projects to reduce greenhouse gas emissions
22 eligible under section 171, including the installation
23 of electric vehicle charging infrastructure.
24 ‘‘(18) Projects and strategies to reduce vehicle-
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1 maintain connectivity among terrestrial or aquatic
2 habitats affected by, a transportation facility other-
3 wise eligible for assistance under this section.
4 ‘‘(19) A surface transportation project carried
5 out in accordance with the national travel and tour-
6 ism infrastructure strategic plan under section
7 1431(e) of the FAST Act (49 U.S.C. 301 note).’’;
8 (4) in subsection (c)—
9 (A) by striking ‘‘block grant’’ and inserting
10 ‘‘program’’;
11 (B) by striking paragraph (3) and inserting
12 the following:
13 ‘‘(3) for a project described in—
14 ‘‘(A) subsection (h); or
15 ‘‘(B) section 101(a)(29), as in effect on the
16 day before the date of enactment of the FAST
17 Act;’’;
18 (C) by redesignating paragraph (4) as
19 paragraph (5); and
20 (D) by inserting after paragraph (3) the fol-
21 lowing:
22 ‘‘(4) for a project described in section 5308 of
23 title 49; and’’;
24 (5) in subsection (d)—
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1 (i) by inserting ‘‘each fiscal year’’ after
2 ‘‘apportioned to a State’’;
3 (ii) by striking ‘‘the reservation of’’
4 and inserting ‘‘setting aside’’; and
5 (iii) in subparagraph (A)—
6 (I) by striking ‘‘the percentage
7 specified in paragraph (6) for a fiscal
8 year’’ and inserting ‘‘57 percent for
9 fiscal year 2022, 58 percent for fiscal
10 year 2023, 59 percent for fiscal year
11 2024, and 60 percent for fiscal year
12 2025’’;
13 (II) in clause (i) by striking ‘‘of
14 over’’ and inserting ‘‘greater than’’;
15 and
16 (III) by striking clauses (ii) and
17 (iii) and inserting the following:
18 ‘‘(ii) in urbanized areas of the State
19 with an urbanized area population greater
20 than 49,999 and less than 200,001;
21 ‘‘(iii) in urban areas of the State with
22 a population greater than 4,999 and less
23 than 50,000; and
24 ‘‘(iv) in other areas of the State with
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1 (B) by striking paragraph (3) and inserting
2 the following:
3 ‘‘(3) LOCAL COORDINATION AND CONSULTA-
4 TION.—
5 ‘‘(A) COORDINATION WITH METROPOLITAN
6 PLANNING ORGANIZATIONS.—For purposes of
7 paragraph (1)(A)(ii), a State shall—
8 ‘‘(i) establish a process to coordinate
9 with all metropolitan planning organiza-
10 tions in the State that represent an urban-
11 ized area described in such paragraph; and
12 ‘‘(ii) describe how funds described
13 under paragraph (1)(A)(ii) will be allocated
14 equitably among such urbanized areas dur-
15 ing the period of fiscal years 2022 through
16 2025.
17 ‘‘(B) JOINT RESPONSIBILITY.—Each State
18 and the Secretary shall jointly ensure compli-
19 ance with subparagraph (A).
20 ‘‘(C) CONSULTATION WITH REGIONAL
21 TRANSPORTATION PLANNING ORGANIZATIONS.—
22 For purposes of clauses (iii) and (iv) of para-
23 graph (1)(A), before obligating funding attrib-
24 uted to an area with a population less than
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25 50,000, a State shall consult with the regional
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1 transportation planning organizations that rep-
2 resent the area, if any.’’;
3 (C) in the heading for paragraph (4) by
4 striking ‘‘OVER 200,000’’ and inserting ‘‘GREATER
5 THAN 200,000’’;
6 (D) by striking paragraph (6) and insert-
7 ing the following:
8 ‘‘(6) TECHNICAL ASSISTANCE.—
9 ‘‘(A) IN GENERAL.—The State and all met-
10 ropolitan planning organizations in the State
11 that represent an urbanized area with a popu-
12 lation of greater than 200,000 shall jointly estab-
13 lish a program to improve the ability of appli-
14 cants to deliver projects under this subsection in
15 an efficient and expeditious manner and reduce
16 the period of time between the selection of the
17 project and the obligation of funds for the project
18 by providing—
19 ‘‘(i) technical assistance and training
20 to applicants for projects under this sub-
21 section; and
22 ‘‘(ii) funding for 1 or more full-time
23 State employee positions to administer this
24 subsection.
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1 ‘‘(B) ELIGIBLE FUNDS.—To carry out this
2 paragraph—
3 ‘‘(i) a State shall set aside an amount
4 equal to 1 percent of the funds available
5 under paragraph (1)(A)(i); and
6 ‘‘(ii) at the request of an eligible met-
7 ropolitan planning organization, the State
8 and metropolitan planning organization
9 may jointly agree to use additional funds
10 available under paragraph (1)(A)(i).
11 ‘‘(C) USE OF FUNDS.—Amounts used under
12 this paragraph may be expended—
13 ‘‘(i) directly by the State; or
14 ‘‘(ii) through contracts with State
15 agencies, private entities, or nonprofit orga-
16 nizations.’’;
17 (6) in subsection (e)(1)—
18 (A) by striking ‘‘over 200,000’’ and insert-
19 ing ‘‘greater than 200,000’’; and
20 (B) by striking ‘‘2016 through 2020’’ and
21 inserting ‘‘2022 through 2025’’;
22 (7) by striking subsection (f) and inserting the
23 following:
24 ‘‘(f) BRIDGES NOT ON FEDERAL-AID HIGHWAYS.—
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1 ‘‘(1) DEFINITION OF OFF-SYSTEM BRIDGE.—In
2 this subsection, the term ‘off-system bridge’ means a
3 bridge located on a public road, other than a bridge
4 on a Federal-aid highway.
5 ‘‘(2) SPECIAL RULE.—
6 ‘‘(A) SET ASIDE.—Of the amounts appor-
7 tioned to a State for each fiscal year under this
8 section other than the amounts described in sub-
9 paragraph (C), the State shall obligate for ac-
10 tivities described in subsection (b)(2) (as in effect
11 on the day before the date of enactment of the
12 FAST Act) for off-system bridges an amount
13 that is not less than 20 percent of the amounts
14 available to such State under this section in fis-
15 cal year 2020, not including the amounts de-
16 scribed in subparagraph (C).
17 ‘‘(B) REDUCTION OF EXPENDITURES.—The
18 Secretary, after consultation with State and
19 local officials, may reduce the requirement for
20 expenditures for off-system bridges under sub-
21 paragraph (A) with respect to the State if the
22 Secretary determines that the State has inad-
23 equate needs to justify the expenditure.
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1 ‘‘(C) LIMITATIONS.—The following amounts
2 shall not be used for the purposes of meeting the
3 requirements of subparagraph (A):
4 ‘‘(i) Amounts described in section
5 133(d)(1)(A).
6 ‘‘(ii) Amounts set aside under section
7 133(h).
8 ‘‘(iii) Amounts described in section
9 505(a).
10 ‘‘(3) CREDIT FOR BRIDGES NOT ON FEDERAL-AID
11 HIGHWAYS.—Notwithstanding any other provision of
12 law, with respect to any project not on a Federal-aid
13 highway for the replacement of a bridge or rehabilita-
14 tion of a bridge that is wholly funded from State and
15 local sources, is eligible for Federal funds under this
16 section, is certified by the State to have been carried
17 out in accordance with all standards applicable to
18 such projects under this section, and is determined by
19 the Secretary upon completion to be no longer a defi-
20 cient bridge—
21 ‘‘(A) any amount expended after the date of
22 enactment of this subsection from State and local
23 sources for the project in excess of 20 percent of
24 the cost of construction of the project may be
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188
1 other bridge projects in the State that are eligible
2 for Federal funds under this section; and
3 ‘‘(B) that crediting shall be conducted in ac-
4 cordance with procedures established by the Sec-
5 retary.’’; and
6 (8) in subsection (g)(1)—
7 (A) by striking ‘‘subsection (d)(1)(A)(ii) for
8 each of fiscal years 2016 through 2020’’ and in-
9 serting ‘‘subsection (d)(1)(A)(iv) for each fiscal
10 year’’;
11 (B) by inserting ‘‘rural’’ after ‘‘functionally
12 classified as’’; and
13 (C) by inserting ‘‘or local roads, or on crit-
14 ical rural freight corridors designated under sec-
15 tion 167(e)’’ after ‘‘minor collectors’’.
16 (b) CLERICAL AMENDMENT.—The analysis for chapter
17 1 of title 23, United States Code, is amended by striking
18 the item relating to section 133 and inserting the following:
‘‘133. Surface transportation program.’’.
19 (c) CONFORMING AMENDMENTS.—
20 (1) ADVANCE ACQUISITION OF REAL PROP-
21 ERTY.—Section 108(c) of title 23, United States Code,
22 is amended—
23 (A) in paragraph (2)(A) by striking ‘‘block
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24 grant’’; and
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1 (B) in paragraph (3) by striking ‘‘block
2 grant’’.
3 (2) NONDISCRIMINATION.—Section 140(b) of title
4 23, United States Code, is amended by striking ‘‘block
5 grant’’.
6 (3) PUBLIC TRANSPORTATION.—Section
7 142(e)(2) of title 23, United States Code, is amended
8 by striking ‘‘block grant’’.
9 (4) HIGHWAY USE TAX EVASION PROJECTS.—
10 Section 143(b)(8) of title 23, United States Code, is
11 amended in the heading by striking ‘‘BLOCK GRANT’’.
12 (5) CONGESTION MITIGATION AND AIR QUALITY
13 IMPROVEMENT PROGRAM.—Section 149(d) of title 23,
14 United States Code, is amended—
15 (A) in paragraph (1)(B) by striking ‘‘block
16 grant’’; and
17 (B) in paragraph (2)(A) by striking ‘‘block
18 grant’’.
19 (6) TERRITORIAL AND PUERTO RICO HIGHWAY
20 PROGRAM.—Section 165 of title 23, United States
21 Code, is amended—
22 (A) in subsection (b)(2)(A)(ii) by striking
23 ‘‘block grant’’ each time such term appears; and
24 (B) in subsection (c)(6)(A)(i) by striking
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25 ‘‘block grant’’.
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1 (7) MAGNETIC LEVITATION TRANSPORTATION
2 TECHNOLOGY DEPLOYMENT PROGRAM.—Section
3 322(h)(3) of title 23, United States Code, is amended
4 by striking ‘‘block grant’’.
5 (8) TRAINING AND EDUCATION.—Section
6 504(a)(4) of title 23, United States Code, is amended
7 by striking ‘‘block grant’’.
8 SEC. 1206. TRANSPORTATION ALTERNATIVES PROGRAM.
9 Section 133(h) of title 23, United States Code, is
10 amended to read as follows:
11 ‘‘(h) TRANSPORTATION ALTERNATIVES PROGRAM SET-
12 ASIDE.—
13 ‘‘(1) SET ASIDE.—For each fiscal year, of the
14 total funds apportioned to all States under section
15 104(b)(2) for a fiscal year, the Secretary shall set
16 aside an amount such that—
17 ‘‘(A) the Secretary sets aside a total amount
18 under this subsection for a fiscal year equal to
19 10 percent of such total funds; and
20 ‘‘(B) the State’s share of the amount set
21 aside under subparagraph (A) is determined by
22 multiplying the amount set aside under subpara-
23 graph (A) by the ratio that—
24 ‘‘(i) the amount apportioned to the
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191
1 program for fiscal year 2009 under section
2 133(d)(2), as in effect on the day before the
3 date of enactment of MAP–21; bears to
4 ‘‘(ii) the total amount of funds appor-
5 tioned to all States for the transportation
6 enhancements program for fiscal year 2009.
7 ‘‘(2) ALLOCATION WITHIN A STATE.—
8 ‘‘(A) IN GENERAL.—Except as provided in
9 subparagraph (B), funds set aside for a State
10 under paragraph (1) shall be obligated within
11 that State in the manner described in subsections
12 (d) and (e), except that, for purposes of this
13 paragraph (after funds are made available under
14 paragraph (5))—
15 ‘‘(i) for each fiscal year, the percentage
16 referred to in paragraph (1)(A) of sub-
17 section (d) shall be deemed to be 66 percent;
18 and
19 ‘‘(ii) paragraph (3) of subsection (d)
20 shall not apply.
21 ‘‘(B) LOCAL CONTROL.—
22 ‘‘(i) IN GENERAL.—A State may make
23 available up to 100 percent of the funds set
24 aside under paragraph (1) to the entities
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1 mits to the Secretary, and the Secretary ap-
2 proves, a plan that describes—
3 ‘‘(I) how such funds shall be made
4 available to metropolitan planning or-
5 ganizations, regional transportation
6 planning organizations, counties, or
7 other regional transportation authori-
8 ties;
9 ‘‘(II) how the entities described in
10 subclause (I) shall select projects for
11 funding and how such entities shall re-
12 port selected projects to the State;
13 ‘‘(III) the legal, financial, and
14 technical capacity of such entities; and
15 ‘‘(IV) the procedures in place to
16 ensure such entities comply with the
17 requirements of this title.
18 ‘‘(ii) REQUIREMENT.—A State that
19 makes funding available under a plan ap-
20 proved under this subparagraph shall make
21 available an equivalent amount of obliga-
22 tion authority to an entity described in
23 clause (i)(I) to whom funds are made avail-
24 able under this subparagraph.
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1 ‘‘(3) ELIGIBLE PROJECTS.—Funds set aside
2 under this subsection may be obligated for any of the
3 following projects or activities:
4 ‘‘(A) Construction, planning, and design of
5 on-road and off-road trail facilities for pedes-
6 trians, bicyclists, and other nonmotorized forms
7 of transportation, including sidewalks, bicycle
8 infrastructure, pedestrian and bicycle signals,
9 traffic calming techniques, lighting and other
10 safety-related infrastructure, and transportation
11 projects to achieve compliance with the Ameri-
12 cans with Disabilities Act of 1990 (42 U.S.C.
13 12101 et seq.).
14 ‘‘(B) Construction, planning, and design of
15 infrastructure-related projects and systems that
16 will provide safe routes for nondrivers, including
17 children, older adults, and individuals with dis-
18 abilities to access daily needs.
19 ‘‘(C) Conversion and use of abandoned rail-
20 road corridors for trails for pedestrians,
21 bicyclists, or other nonmotorized transportation
22 users.
23 ‘‘(D) Construction of turnouts, overlooks,
24 and viewing areas.
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1 ‘‘(E) Community improvement activities,
2 including—
3 ‘‘(i) inventory, control, or removal of
4 outdoor advertising;
5 ‘‘(ii) historic preservation and reha-
6 bilitation of historic transportation facili-
7 ties;
8 ‘‘(iii) vegetation management practices
9 in transportation rights-of-way to improve
10 roadway safety, prevent against invasive
11 species, facilitate wildfire control, and pro-
12 vide erosion control; and
13 ‘‘(iv) archaeological activities relating
14 to impacts from implementation of a trans-
15 portation project eligible under this title.
16 ‘‘(F) Any environmental mitigation activ-
17 ity, including pollution prevention and pollution
18 abatement activities and mitigation to address
19 stormwater management, control, and water pol-
20 lution prevention or abatement related to high-
21 way construction or due to highway runoff, in-
22 cluding activities described in sections 328(a)
23 and 329.
24 ‘‘(G) Projects and strategies to reduce vehi-
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1 store and maintain connectivity among terres-
2 trial or aquatic habitats affected by, a transpor-
3 tation facility otherwise eligible for assistance
4 under this subsection.
5 ‘‘(H) The recreational trails program under
6 section 206.
7 ‘‘(I) The safe routes to school program
8 under section 211.
9 ‘‘(J) Activities in furtherance of a vulner-
10 able road user assessment described in section
11 148.
12 ‘‘(K) Any other projects or activities de-
13 scribed in section 101(a)(29) or section 213, as
14 such sections were in effect on the day before the
15 date of enactment of the FAST Act (Public Law
16 114–94).
17 ‘‘(4) ACCESS TO FUNDS.—
18 ‘‘(A) IN GENERAL.—A State, metropolitan
19 planning organization required to obligate funds
20 in accordance with paragraph (2)(A), or an en-
21 tity required to obligate funds in accordance
22 with paragraph (2)(B) shall develop a competi-
23 tive process to allow eligible entities to submit
24 projects for funding that achieve the objectives of
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1 zation for an area described in subsection
2 (d)(1)(A)(i) shall select projects under such proc-
3 ess in consultation with the relevant State.
4 ‘‘(B) ELIGIBLE ENTITY DEFINED.—In this
5 paragraph, the term ‘eligible entity’ means—
6 ‘‘(i) a local government, including a
7 county or multi-county special district;
8 ‘‘(ii) a regional transportation author-
9 ity;
10 ‘‘(iii) a transit agency;
11 ‘‘(iv) a natural resource or public land
12 agency;
13 ‘‘(v) a school district, local education
14 agency, or school;
15 ‘‘(vi) a tribal government;
16 ‘‘(vii) a metropolitan planning organi-
17 zation that serves an urbanized area with a
18 population of 200,000 or fewer;
19 ‘‘(viii) a nonprofit organization car-
20 rying out activities related to transpor-
21 tation;
22 ‘‘(ix) any other local or regional gov-
23 ernmental entity with responsibility for or
24 oversight of transportation or recreational
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1 organization that serves an urbanized area
2 with a population of over 200,000 or a
3 State agency) that the State determines to
4 be eligible, consistent with the goals of this
5 subsection; and
6 ‘‘(x) a State, at the request of any enti-
7 ty listed in clauses (i) through (ix).
8 ‘‘(5) CONTINUATION OF CERTAIN RECREATIONAL
9 TRAILS PROJECTS.—
10 ‘‘(A) IN GENERAL.—For each fiscal year, a
11 State shall—
12 ‘‘(i) obligate an amount of funds set
13 aside under this subsection equal to 175
14 percent of the amount of the funds appor-
15 tioned to the State for fiscal year 2009
16 under section 104(h)(2), as in effect on the
17 day before the date of enactment of MAP–
18 21, for projects relating to recreational
19 trails under section 206;
20 ‘‘(ii) return 1 percent of the funds de-
21 scribed in clause (i) to the Secretary for the
22 administration of such program; and
23 ‘‘(iii) comply with the provisions of the
24 administration of the recreational trails
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1 use of apportioned funds described in sub-
2 section (d)(3)(A) of such section.
3 ‘‘(B) STATE FLEXIBILITY.—A State may
4 opt out of the recreational trails program under
5 this paragraph if the Governor of the State noti-
6 fies the Secretary not later than 30 days prior
7 to the date on which an apportionment is made
8 under section 104 for any fiscal year.
9 ‘‘(6) IMPROVING ACCESSIBILITY AND EFFI-
10 CIENCY.—
11 ‘‘(A) IN GENERAL.—A State may use an
12 amount equal to not more than 5 percent of the
13 funds set aside for the State under this sub-
14 section, after allocating funds in accordance with
15 paragraph (2)(A), to improve the ability of ap-
16 plicants to access funding for projects under this
17 subsection in an efficient and expeditious man-
18 ner by providing—
19 ‘‘(i) to applicants for projects under
20 this subsection application assistance, tech-
21 nical assistance, and assistance in reducing
22 the period of time between the selection of
23 the project and the obligation of funds for
24 the project; and
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1 ‘‘(ii) funding for 1 or more full-time
2 State employee positions to administer this
3 subsection.
4 ‘‘(B) USE OF FUNDS.—Amounts used under
5 subparagraph (A) may be expended—
6 ‘‘(i) directly by the State; or
7 ‘‘(ii) through contracts with State
8 agencies, private entities, or nonprofit enti-
9 ties.
10 ‘‘(7) FEDERAL SHARE.—
11 ‘‘(A) FLEXIBLE MATCH.—
12 ‘‘(i) IN GENERAL.—Notwithstanding
13 section 120—
14 ‘‘(I) the non-Federal share for a
15 project under this subsection may be
16 calculated on a project, multiple-
17 project, or program basis; and
18 ‘‘(II) the Federal share of the cost
19 of an individual project in this sub-
20 section may be up to 100 percent.
21 ‘‘(ii) AGGREGATE NON-FEDERAL
22 SHARE.—The average annual non-Federal
23 share of the total cost of all projects for
24 which funds are obligated under this sub-
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200
1 not less than the non-Federal share author-
2 ized for the State under section 120(b).
3 ‘‘(iii) REQUIREMENT.—This subpara-
4 graph shall only apply to a State if such
5 State has adequate financial controls, as
6 certified by the Secretary, to account for the
7 average annual non-Federal share under
8 this subparagraph.
9 ‘‘(B) SAFETY PROJECTS.—Notwithstanding
10 section 120, funds made available to carry out
11 section 148 may be credited toward the non-Fed-
12 eral share of the costs of a project under this sub-
13 section if the project—
14 ‘‘(i) is a project described in section
15 148(e)(1); and
16 ‘‘(ii) is consistent with the State stra-
17 tegic highway safety plan (as defined in sec-
18 tion 148(a)).
19 ‘‘(8) FLEXIBILITY.—
20 ‘‘(A) STATE AUTHORITY.—
21 ‘‘(i) IN GENERAL.—A State may use
22 not more than 50 percent of the funds set
23 aside under this subsection that are avail-
24 able for obligation in any area of the State
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201
1 ments of subsection (d)(1)(B)) for any pur-
2 pose eligible under subsection (b).
3 ‘‘(ii) RESTRICTION.—Funds may be
4 used as described in clause (i) only if the
5 State demonstrates to the Secretary—
6 ‘‘(I) that the State held a competi-
7 tion in compliance with the require-
8 ments of this subsection in such form
9 as the Secretary determines appro-
10 priate;
11 ‘‘(II) that the State offered tech-
12 nical assistance to all eligible entities
13 and provided such assistance upon re-
14 quest by an eligible entity; and
15 ‘‘(III) that there were not suffi-
16 cient suitable applications from eligible
17 entities to use the funds described in
18 clause (i).
19 ‘‘(B) MPO AUTHORITY.—
20 ‘‘(i) IN GENERAL.—A metropolitan
21 planning organization that represents an
22 urbanized area with a population of greater
23 than 200,000 may use not more than 50
24 percent of the funds set aside under this
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1 in subsection (d)(1)(A)(i) for any purpose
2 eligible under subsection (b).
3 ‘‘(ii) RESTRICTION.—Funds may be
4 used as described in clause (i) only if the
5 Secretary certifies that the metropolitan
6 planning organization—
7 ‘‘(I) held a competition in compli-
8 ance with the requirements of this sub-
9 section in such form as the Secretary
10 determines appropriate; and
11 ‘‘(II) demonstrates that there were
12 not sufficient suitable applications
13 from eligible entities to use the funds
14 described in clause (i).
15 ‘‘(9) ANNUAL REPORTS.—
16 ‘‘(A) IN GENERAL.—Each State or metro-
17 politan planning organization responsible for
18 carrying out the requirements of this subsection
19 shall submit to the Secretary an annual report
20 that describes—
21 ‘‘(i) the number of project applications
22 received for each fiscal year, including—
23 ‘‘(I) the aggregate cost of the
24 projects for which applications are re-
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203
1 ‘‘(II) the types of projects to be
2 carried out, expressed as percentages of
3 the total apportionment of the State
4 under this subsection; and
5 ‘‘(ii) the list of each project selected for
6 funding for each fiscal year, including
7 specifying the fiscal year for which the
8 project was selected, the fiscal year in which
9 the project is anticipated to be funded, the
10 recipient, the location, the type, and a brief
11 description.
12 ‘‘(B) PUBLIC AVAILABILITY.—The Secretary
13 shall make available to the public, in a user-
14 friendly format on the website of the Department
15 of Transportation, a copy of each annual report
16 submitted under subparagraph (A).’’.
17 SEC. 1207. BRIDGE INVESTMENT.
18 (a) IN GENERAL.—Section 144 of title 23, United
19 States Code, is amended—
20 (1) in the section heading by striking ‘‘Na-
21 tional bridge and tunnel inventory and
22 inspection standards’’ and inserting ‘‘Bridges
23 and tunnels’’;
24 (2) in subsection (a)(1)(B) by striking ‘‘defi-
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1 (3) in subsection (b)(5) by striking ‘‘structurally
2 deficient bridge’’ and inserting ‘‘bridge classified as
3 in poor condition’’;
4 (4) in subsection (d)—
5 (A) in paragraph (2) by striking ‘‘Not later
6 than 2 years after the date of enactment of the
7 MAP–21, each’’ and inserting ‘‘Each’’; and
8 (B) by striking paragraph (4);
9 (5) in subsection (j)—
10 (A) in paragraph (2) by inserting ‘‘, 124,’’
11 after ‘‘section 119’’;
12 (B) in paragraph (3)(A) by inserting ‘‘,
13 124,’’ after ‘‘section 119’’; and
14 (C) in paragraph (5) by striking ‘‘financial
15 characteristics’’ and all that follows through the
16 end and inserting ‘‘Federal share.’’; and
17 (6) by adding at the end the following:
18 ‘‘(l) HIGHWAY BRIDGE REPLACEMENT AND REHABILI-
19 TATION.—
20 ‘‘(1) GOALS.—The goals of this subsection shall
21 be to—
22 ‘‘(A) support the achievement of a state of
23 good repair for the Nation’s bridges;
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1 ‘‘(B) improve the safety, efficiency, and reli-
2 ability of the movement of people and freight
3 over bridges; and
4 ‘‘(C) improve the condition of bridges in the
5 United States by reducing—
6 ‘‘(i) the number of bridges—
7 ‘‘(I) in poor condition; or
8 ‘‘(II) in fair condition and at risk
9 of falling into poor condition;
10 ‘‘(ii) the total person miles traveled
11 over bridges—
12 ‘‘(I) in poor condition; or
13 ‘‘(II) in fair condition and at risk
14 of falling into poor condition;
15 ‘‘(iii) the number of bridges that—
16 ‘‘(I) do not meet current geometric
17 design standards; or
18 ‘‘(II) cannot meet the load and
19 traffic requirements typical of the re-
20 gional transportation network; and
21 ‘‘(iv) the total person miles traveled
22 over bridges that—
23 ‘‘(I) do not meet current geometric
24 design standards; or
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1 ‘‘(II) cannot meet the load and
2 traffic requirements typical of the re-
3 gional transportation network.
4 ‘‘(2) BRIDGES ON PUBLIC ROADS.—
5 ‘‘(A) MINIMUM BRIDGE INVESTMENT.—Ex-
6 cluding the amounts described in subparagraph
7 (C), of the total funds apportioned to a State
8 under paragraphs (1) and (2) of section 104(b)
9 for fiscal years 2022 to 2025, a State shall obli-
10 gate not less than 20 percent for projects de-
11 scribed in subparagraph (E).
12 ‘‘(B) PROGRAM FLEXIBILITY.—A State re-
13 quired to obligate funds under subparagraph (A)
14 may use any combination of funds apportioned
15 to a State under paragraphs (1) and (2) of sec-
16 tion 104(b).
17 ‘‘(C) LIMITATION.—Amounts described
18 below may not be used for the purposes of calcu-
19 lating or meeting the minimum bridge invest-
20 ment requirement under subparagraph (A)—
21 ‘‘(i) amounts described in section
22 133(d)(1)(A);
23 ‘‘(ii) amounts set aside under section
24 133(h); and
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1 ‘‘(iii) amounts described in section
2 505(a).
3 ‘‘(D) RULE OF CONSTRUCTION.—Nothing in
4 this section shall be construed to prohibit the ex-
5 penditure of funds described in subparagraph
6 (C) for bridge projects eligible under such sec-
7 tion.
8 ‘‘(E) ELIGIBLE PROJECTS.—Funds required
9 to be obligated in accordance with paragraph
10 (2)(A) may be obligated for projects or activities
11 that—
12 ‘‘(i) are otherwise eligible under either
13 section 119 or section 133, as applicable;
14 ‘‘(ii) support the achievement of per-
15 formance targets of the State established
16 under section 150 or provide support for the
17 condition and performance of bridges on
18 public roads within the State; and
19 ‘‘(iii) remove a bridge classified as in
20 poor condition in order to improve commu-
21 nity connectivity, or replace, reconstruct,
22 rehabilitate, preserve, or protect a bridge in-
23 cluded on the national bridge inventory au-
24 thorized by subsection (b), including
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25 through—
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1 ‘‘(I) seismic retrofits;
2 ‘‘(II) systematic preventive main-
3 tenance;
4 ‘‘(III) installation of scour coun-
5 termeasures;
6 ‘‘(IV) the use of innovative mate-
7 rials that extend the service life of the
8 bridge and reduce preservation costs,
9 as compared to conventionally designed
10 and constructed bridges;
11 ‘‘(V) the use of nontraditional
12 production techniques, including fac-
13 tory prefabrication;
14 ‘‘(VI) painting for purposes of
15 bridge protection;
16 ‘‘(VII) application of calcium
17 magnesium acetate, sodium acetate/for-
18 mate, or other environmentally accept-
19 able, minimally corrosive anti-icing
20 and deicing compositions;
21 ‘‘(VIII) corrosion control;
22 ‘‘(IX) construction of protective
23 features (including natural infrastruc-
24 ture) alone or in combination with
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1 paragraph to enhance resilience of a
2 bridge;
3 ‘‘(X) bridge security counter-
4 measures;
5 ‘‘(XI) impact protection measures
6 for bridges;
7 ‘‘(XII) inspection and evaluation
8 of bridges; and
9 ‘‘(XIII) training for bridge in-
10 spectors consistent with subsection (i).
11 ‘‘(F) BUNDLES OF PROJECTS.—A State
12 may use a bundle of projects as described in sub-
13 section (j) to satisfy the requirements of subpara-
14 graph (A), if each project in the bundle is other-
15 wise eligible under subparagraph (E).
16 ‘‘(G) FLEXIBILITY.—The Secretary may, at
17 the request of a State, reduce the required obliga-
18 tion under subparagraph (A) if—
19 ‘‘(i) the reduction is consistent with a
20 State’s asset management plan for the Na-
21 tional Highway System;
22 ‘‘(ii) the reduction will not limit a
23 State’s ability to meet its performance tar-
24 gets under section 150 or to improve the
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1 condition and performance of bridges on
2 public roads within the State; and
3 ‘‘(iii) the State demonstrates that it
4 has inadequate needs to justify the expendi-
5 ture.
6 ‘‘(H) BRIDGE INVESTMENT REPORT.—The
7 Secretary shall annually publish on the website
8 of the Department of Transportation a bridge in-
9 vestment report that includes—
10 ‘‘(i) the total Federal funding obligated
11 for bridge projects in the most recent fiscal
12 year, on a State-by-State basis and broken
13 out by Federal program;
14 ‘‘(ii) the total Federal funding obli-
15 gated, on a State-by-State basis and broken
16 out by Federal program, for bridge projects
17 carried out pursuant to the minimum
18 bridge investment requirements under sub-
19 paragraph (A);
20 ‘‘(iii) the progress made by each State
21 toward meeting the minimum bridge invest-
22 ment requirement under subparagraph (A)
23 for such State, both cumulatively and for
24 the most recent fiscal year;
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25 ‘‘(iv) a summary of—
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1 ‘‘(I) each request made under sub-
2 paragraph (G) by a State for a reduc-
3 tion in the minimum bridge invest-
4 ment requirement under subparagraph
5 (A); and
6 ‘‘(II) for each request described in
7 subclause (I) that is granted by the
8 Secretary—
9 ‘‘(aa) the percentage and dol-
10 lar amount of the reduction; and
11 ‘‘(bb) an explanation of how
12 the State met each of the criteria
13 described in subparagraph (G);
14 and
15 ‘‘(v) a summary of—
16 ‘‘(I) each request made by a State
17 for a reduction in the obligation re-
18 quirements under section 133(f); and
19 ‘‘(II) for each request that is
20 granted by the Secretary—
21 ‘‘(aa) the percentage and dol-
22 lar amount of the reduction; and
23 ‘‘(bb) an explanation of how
24 the Secretary made the determina-
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1 ‘‘(I) OFF-SYSTEM BRIDGES.—A State may
2 apply amounts obligated under this subsection or
3 section 133(f)(2)(A) to the obligation require-
4 ments of both this subsection and section 133(f).
5 ‘‘(J) NHS PENALTY.—A State may apply
6 amounts obligated under this subsection or sec-
7 tion 119(f)(2) to the obligation requirements of
8 both this subsection and section 119(f)(2).
9 ‘‘(K) COMPLIANCE.—If a State fails to sat-
10 isfy the requirements of subparagraph (A) by the
11 end of fiscal year 2025, the Secretary may sub-
12 ject the State to appropriate program sanctions
13 under section 1.36 of title 23, Code of Federal
14 Regulations (or successor regulations).’’.
15 (b) CLERICAL AMENDMENT.—The analysis for chapter
16 1 of title 23, United States Code, is amended by striking
17 the item relating to section 144 and inserting the following:
‘‘144. Bridges and tunnels.’’.
18 SEC. 1208. CONSTRUCTION OF FERRY BOATS AND FERRY
19 TERMINAL FACILITIES.
20 Section 147 of title 23, United States Code, is amend-
21 ed—
22 (1) by striking subsection (h); and
23 (2) by redesignating subsections (i) and (j) as
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1 SEC. 1209. HIGHWAY SAFETY IMPROVEMENT PROGRAM.
2 (a) IN GENERAL.—Section 148 of title 23, United
3 States Code, is amended—
4 (1) in subsection (a)—
5 (A) in paragraph (4)(B)—
6 (i) by striking ‘‘only includes a
7 project’’ and inserting ‘‘includes a project’’;
8 (ii) in clause (xiii) by inserting ‘‘, in-
9 cluding the development of a vulnerable
10 road user safety assessment or a vision zero
11 plan under section 1601 of the INVEST in
12 America Act’’ after ‘‘safety planning’’;
13 (iii) by amending clause (xviii) to read
14 as follows:
15 ‘‘(xviii) Safe routes to school infra-
16 structure-related projects eligible under sec-
17 tion 211.’’;
18 (iv) in clause (xxvi) by inserting ‘‘or
19 leading pedestrian intervals’’ after ‘‘hybrid
20 beacons’’; and
21 (v) by striking clause (xxviii) and in-
22 serting the following:
23 ‘‘(xxviii) A pedestrian security feature
24 designed to slow or stop a motor vehicle.
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25 ‘‘(xxix) Installation of infrastructure
26 improvements, including sidewalks, cross-
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1 walks, signage, and bus stop shelters or pro-
2 tected waiting areas.’’;
3 (B) in paragraph (11)—
4 (i) in subparagraph (A)—
5 (I) in clause (ix) by striking
6 ‘‘and’’ at the end;
7 (II) by redesignating clause (x) as
8 clause (xi); and
9 (III) by inserting after clause (ix)
10 the following:
11 ‘‘(x) State or local representatives of
12 educational agencies to address safe routes
13 to school and schoolbus safety; and’’;
14 (ii) in subparagraph (E) by inserting
15 ‘‘Tribal,’’ after ‘‘State,’’;
16 (iii) by redesignating subparagraphs
17 (G), (H), and (I) as subparagraphs (H),
18 (I), and (J), respectively; and
19 (iv) by inserting after subparagraph
20 (F) the following:
21 ‘‘(G) includes a vulnerable road user safety
22 assessment described under paragraph (16);’’;
23 (C) by redesignating paragraphs (10), (11),
24 and (12) as paragraphs (12), (13), and (14), re-
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1 (D) by inserting after paragraph (9) the fol-
2 lowing:
3 ‘‘(10) SAFE SYSTEM APPROACH.—The term ‘safe
4 system approach’ means a roadway design that em-
5 phasizes minimizing the risk of injury or fatality to
6 road users and that—
7 ‘‘(A) takes into consideration the possibility
8 and likelihood of human error;
9 ‘‘(B) accommodates human injury tolerance
10 by taking into consideration likely crash types,
11 resulting impact forces, and the human body’s
12 ability to withstand such forces; and
13 ‘‘(C) takes into consideration vulnerable
14 road users.
15 ‘‘(11) SPECIFIED SAFETY PROJECT.—
16 ‘‘(A) IN GENERAL.—The term ‘specified
17 safety project’ means a project carried out for the
18 purpose of safety under any other section of this
19 title that is consistent with the State strategic
20 highway safety plan.
21 ‘‘(B) INCLUSION.—The term ‘specified safe-
22 ty project’ includes a project that—
23 ‘‘(i) promotes public awareness and in-
24 forms the public regarding highway safety
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25 matters (including safety for motorcyclists,
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1 bicyclists, pedestrians, individuals with dis-
2 abilities, and other road users);
3 ‘‘(ii) facilitates enforcement of traffic
4 safety laws;
5 ‘‘(iii) provides infrastructure and in-
6 frastructure-related equipment to support
7 emergency services;
8 ‘‘(iv) conducts safety-related research to
9 evaluate experimental safety counter-
10 measures or equipment; or
11 ‘‘(v) supports safe routes to school non-
12 infrastructure-related activities described
13 under section 211(e)(2).’’; and
14 (E) by adding at the end the following:
15 ‘‘(15) VULNERABLE ROAD USER.—The term ‘vul-
16 nerable road user’ means a nonmotorist—
17 ‘‘(A) with a fatality analysis reporting sys-
18 tem person attribute code that is included in the
19 definition of the term ‘number of non-motorized
20 fatalities’ in section 490.205 of title 23, Code of
21 Federal Regulations (or successor regulation); or
22 ‘‘(B) described in the term ‘number of non-
23 motorized serious injuries’ in such section.
24 ‘‘(16) VULNERABLE ROAD USER SAFETY ASSESS-
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25 MENT.—The term ‘vulnerable road user safety assess-
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1 ment’ means an assessment of the safety performance
2 of the State or a metropolitan planning organization
3 within the State with respect to vulnerable road users
4 and the plan of the State or metropolitan planning
5 organization to improve the safety of vulnerable road
6 users described in subsection (l).’’;
7 (2) in subsection (c)—
8 (A) in paragraph (1) by striking ‘‘(a)(11)’’
9 and inserting ‘‘(a)(13)’’; and
10 (B) in paragraph (2)—
11 (i) in subparagraph (A)(vi) by insert-
12 ing ‘‘, consistent with the vulnerable road
13 user safety assessment’’ after ‘‘nonmotorized
14 crashes’’;
15 (ii) in subparagraph (B)(i)—
16 (I) by inserting ‘‘, consistent with
17 a safe system approach,’’ after ‘‘iden-
18 tify’’;
19 (II) by inserting ‘‘excessive design
20 speeds and speed limits,’’ after ‘‘cross-
21 ing needs,’’; and
22 (III) by striking ‘‘motorists (in-
23 cluding motorcyclists), bicyclists, pe-
24 destrians, and other highway users’’
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25 and inserting ‘‘road users’’; and
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1 (iii) in subparagraph (D)(iii) by strik-
2 ing ‘‘motorists (including motorcyclists),
3 bicyclists, pedestrians, persons with disabil-
4 ities, and other highway users’’ and insert-
5 ing ‘‘road users’’;
6 (3) in subsection (d)—
7 (A) in paragraph (1)—
8 (i) in subparagraph (A) by striking
9 ‘‘Not later than 1 year after the date of en-
10 actment of the MAP–21, the’’ and inserting
11 ‘‘The’’; and
12 (ii) in subparagraph (B)—
13 (I) in clause (iv) by inserting
14 ‘‘and serious injury’’ after ‘‘fatality’’;
15 (II) in clause (vii) by striking ‘‘;
16 and’’ and inserting a semicolon;
17 (III) by redesignating clause
18 (viii) as clause (ix); and
19 (IV) by inserting after clause (vii)
20 the following:
21 ‘‘(viii) the findings of a vulnerable
22 road user safety assessment of the State;
23 and’’; and
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1 (B) in paragraph (2)(B)(i) by striking
2 ‘‘subsection (a)(11)’’ and inserting ‘‘subsection
3 (a)(13)’’;
4 (4) in subsection (e)—
5 (A) in paragraph (1)(C) by striking ‘‘,
6 without regard to whether the project is included
7 in an applicable State strategic highway safety
8 plan’’; and
9 (B) by adding at the end the following:
10 ‘‘(3) FLEXIBLE FUNDING FOR SPECIFIED SAFETY
11 PROJECTS.—
12 ‘‘(A) IN GENERAL.—To advance the imple-
13 mentation of a State strategic highway safety
14 plan, a State may use not more than 10 percent
15 of the amounts apportioned to the State under
16 section 104(b)(3) for a fiscal year to carry out
17 specified safety projects.
18 ‘‘(B) RULE OF STATUTORY CONSTRUC-
19 TION.—Nothing in this paragraph shall be con-
20 strued to require a State to revise any State
21 process, plan, or program in effect on the date of
22 enactment of this paragraph.
23 ‘‘(C) EFFECT OF PARAGRAPH.—
24 ‘‘(i) REQUIREMENTS.—A project fund-
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1 all requirements under this section that
2 apply to a highway safety improvement
3 project.
4 ‘‘(ii) OTHER APPORTIONED PRO-
5 GRAMS.—Subparagraph (A) shall not apply
6 to amounts that may be obligated for non-
7 infrastructure projects apportioned under
8 any other paragraph of section 104(b).’’;
9 (5) in subsection (g)—
10 (A) by amending paragraph (1) to read as
11 follows:
12 ‘‘(1) HIGH-RISK RURAL ROAD SAFETY.—
13 ‘‘(A) IN GENERAL.—If a State determines
14 that the fatality rate on rural roads in such
15 State for the most recent 2-year period for which
16 data are available exceeds the median fatality
17 rate for rural roads among all States, that State
18 shall be required to—
19 ‘‘(i) obligate over the 2 fiscal years fol-
20 lowing the fiscal year in which such deter-
21 mination is made for projects on high-risk
22 rural roads an amount not less than 7.5
23 percent of the amounts apportioned to the
24 State under section 104(b)(3) for fiscal year
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25 2020; and
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1 ‘‘(ii) include, in the subsequent update
2 to the State strategic highway safety plan,
3 strategies to reduce the fatality rate.
4 ‘‘(B) SOURCE OF FUNDS.—Any amounts ob-
5 ligated under subparagraph (A) shall be from
6 amounts described under section 133(d)(1)(B).
7 ‘‘(C) ANNUAL DETERMINATION.—The deter-
8 mination described under subparagraph (A)
9 shall be made on an annual basis.
10 ‘‘(D) CONSULTATION.—In carrying out a
11 project with an amount obligated under subpara-
12 graph (A), a State shall consult with, as appli-
13 cable, local governments, metropolitan planning
14 organizations, and regional transportation plan-
15 ning organizations.’’;
16 (B) in paragraph (2)—
17 (i) in the heading by striking ‘‘DRIV-
18 ERS’’ and inserting ‘‘ROAD USERS’’; and
19 (ii) by striking ‘‘address the increases
20 in’’ and inserting ‘‘reduce’’; and
21 (C) by adding at the end the following:
22 ‘‘(3) VULNERABLE ROAD USER SAFETY.—
23 ‘‘(A) IN GENERAL.—Beginning on the date
24 of enactment of the INVEST in America Act, if
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1 road user fatalities and serious injuries per cap-
2 ita in such State over the most recent 2-year pe-
3 riod for which data are available exceeds the me-
4 dian number of such fatalities and serious inju-
5 ries per capita among all States, that State shall
6 be required to obligate over the 2 fiscal years fol-
7 lowing the fiscal year in which such determina-
8 tion is made an amount that is not less than 50
9 percent of the amount set aside in such State
10 under section 133(h)(1) for fiscal year 2020, less
11 any amounts obligated by a metropolitan plan-
12 ning organization in the State as required by
13 subparagraph (D), for—
14 ‘‘(i) in the first fiscal year—
15 ‘‘(I) performing the vulnerable
16 user safety assessment as prescribed by
17 subsection (l);
18 ‘‘(II) providing matching funds
19 for transportation alternatives safety
20 project as identified in section
21 133(h)(7)(B); and
22 ‘‘(III) projects eligible under sec-
23 tion 133(h)(3)(A), (B), (C), or (I); and
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1 ‘‘(ii) in each fiscal year thereafter, the
2 program of projects identified in subsection
3 (l)(2)(C).
4 ‘‘(B) SOURCE OF FUNDS.—Any amounts ob-
5 ligated under subparagraph (A) shall be from
6 amounts described in section 133(d)(1)(B).
7 ‘‘(C) ANNUAL DETERMINATION.—The deter-
8 mination described under subparagraph (A)
9 shall be made on an annual basis.
10 ‘‘(D) METROPOLITAN PLANNING AREA WITH
11 EXCESSIVE FATALITIES AND SERIOUS INJURIES
12 PER CAPITA.—
13 ‘‘(i) ANNUAL DETERMINATION.—Begin-
14 ning on the date of enactment of the IN-
15 VEST in America Act, a metropolitan
16 planning organization representing an ur-
17 banized area with a population greater
18 than 200,000 shall annually determine the
19 number of vulnerable user road fatalities
20 and serious injuries per capita in such area
21 over the most recent 2-year period.
22 ‘‘(ii) REQUIREMENT TO OBLIGATE
23 FUNDS.—If such a metropolitan planning
24 area organization determines that the num-
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1 rious injuries per capita in such area over
2 the most recent 2-year period for which
3 data are available exceeds the median num-
4 ber of such fatalities and serious injuries
5 among all urbanized areas with a popu-
6 lation of over 200,000, then there shall be
7 obligated over the 2 fiscal years following
8 the fiscal year in which such determination
9 is made an amount that is not less than 50
10 percent of the amount set aside for that ur-
11 banized area under section 133(h)(2) for fis-
12 cal year 2020 for projects identified in the
13 program of projects described in subsection
14 (l)(7)(C).
15 ‘‘(E) SOURCE OF FUNDS.—
16 ‘‘(i) METROPOLITAN PLANNING ORGA-
17 NIZATION IN STATE REQUIRED TO OBLIGATE
18 FUNDS.—For a metropolitan planning or-
19 ganization in a State required to obligate
20 funds to vulnerable user safety under sub-
21 paragraph (A), the State shall be required
22 to obligate from such amounts required to
23 be obligated for vulnerable road user safety
24 under subparagraph (B) for projects de-
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1 ‘‘(ii) OTHER METROPOLITAN PLANNING
2 ORGANIZATIONS.—For a metropolitan plan-
3 ning organization that is not located within
4 a State required to obligate funds to vulner-
5 able user safety under subparagraph (A),
6 the State shall be required to obligate from
7 amounts apportioned under section
8 104(b)(3) for projects described in sub-
9 section (l)(7).’’;
10 (6) in subsection (h)(1)(A) by inserting ‘‘, in-
11 cluding any efforts to reduce vehicle speed’’ after
12 ‘‘under this section’’; and
13 (7) by adding at the end the following:
14 ‘‘(l) VULNERABLE ROAD USER SAFETY ASSESS-
15 MENT.—
16 ‘‘(1) IN GENERAL.—Not later than 1 year after
17 date of enactment of the INVEST in America Act,
18 each State shall create a vulnerable road user safety
19 assessment.
20 ‘‘(2) CONTENTS.—A vulnerable road user safety
21 assessment required under paragraph (1) shall in-
22 clude—
23 ‘‘(A) a description of the location within the
24 State of each vulnerable road user fatality and
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1 serious injury and the design speed of the road-
2 way at any such location;
3 ‘‘(B) a description of any corridors identi-
4 fied by a State, in coordination with local gov-
5 ernments, metropolitan planning organizations,
6 and regional transportation planning organiza-
7 tions that pose a high risk of a vulnerable road
8 user fatality or serious injury and the design
9 speeds of such corridors; and
10 ‘‘(C) a program of projects or strategies to
11 reduce safety risks to vulnerable road users in
12 corridors identified under subparagraph (B), in
13 coordination with local governments, metropoli-
14 tan planning organizations, and regional trans-
15 portation planning organizations that represent
16 a high-risk area identified under subparagraph
17 (B).
18 ‘‘(3) ANALYSIS.—In creating a vulnerable road
19 user safety assessment under this subsection, a State
20 shall assess the last 5 years of available data.
21 ‘‘(4) REQUIREMENTS.—In creating a vulnerable
22 road user safety assessment under this subsection, a
23 State shall—
24 ‘‘(A) take into consideration a safe system
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1 ‘‘(B) coordinate with local governments,
2 metropolitan planning organizations, and re-
3 gional transportation planning organizations
4 that represent a high-risk area identified under
5 paragraph (2)(B).
6 ‘‘(5) UPDATE.—A State shall update a vulner-
7 able road user safety assessment on the same schedule
8 as the State updates the State strategic highway safe-
9 ty plan.
10 ‘‘(6) TRANSPORTATION SYSTEM ACCESS.—The
11 program of projects developed under paragraph (2)(C)
12 may not degrade transportation system access for vul-
13 nerable road users.’’.
14 (b) TECHNICAL AMENDMENT.—Section 148 of title 23,
15 United States Code, is amended—
16 (1) in the heading for subsection (a)(8) by strik-
17 ing ‘‘ROAD USERS’’ and inserting ‘‘ROAD USER’’; and
18 (2) in subsection (i)(2)(D) by striking ‘‘safety
19 safety’’ and inserting ‘‘safety’’.
20 (c) HIGH-RISK RURAL ROADS.—
21 (1) STUDY.—Not later than 2 years after the
22 date of enactment of this Act, the Secretary of Trans-
23 portation shall update the study described in para-
24 graph (1) of section 1112(b) of MAP–21 (23 U.S.C.
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25 148 note).
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1 (2) PUBLICATION OF REPORT.—Not later than 2
2 years after the date of enactment of this Act, the Sec-
3 retary shall publish on the website of the Department
4 of Transportation an updated report of the report de-
5 scribed in paragraph (2) of section 1112(b) of MAP–
6 21 (23 U.S.C. 148 note).
7 (3) BEST PRACTICES MANUAL.—Not later than
8 180 days after the date of submission of the report de-
9 scribed in paragraph (2), the Secretary shall update
10 the best practices manual described in section
11 1112(b)(3) of MAP–21 (23 U.S.C. 148 note).
12 SEC. 1210. CONGESTION MITIGATION AND AIR QUALITY IM-
13 PROVEMENT PROGRAM.
14 Section 149 of title 23, United States Code, is amend-
15 ed—
16 (1) in subsection (b)—
17 (A) in paragraph (1)(A)(ii) by striking
18 ‘‘subsection (h)’’ and inserting ‘‘subsection (i)’’;
19 (B) in paragraph (7) by inserting ‘‘shared
20 micromobility (including bikesharing and shared
21 scooter systems),’’ after ‘‘carsharing,’’;
22 (C) in paragraph (8)(B) by striking ‘‘; or’’
23 and inserting a semicolon;
24 (D) in paragraph (9) by striking the period
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1 (E) by adding at the end the following:
2 ‘‘(10) if the project or program mitigates sea-
3 sonal or temporary traffic congestion from long-haul
4 travel or tourism.’’;
5 (2) in subsection (c)—
6 (A) in paragraph (2)—
7 (i) in the heading by inserting ‘‘, HY-
8 DROGEN VEHICLE,’’ after ‘‘ELECTRIC VEHI-
9 CLE’’;
10 (ii) by inserting ‘‘hydrogen or’’ after
11 ‘‘charging stations or’’; and
12 (iii) by inserting ‘‘, hydrogen-pow-
13 ered,’’ after ‘‘battery powered’’; and
14 (B) in paragraph (3) by inserting ‘‘, and is
15 consistent with section 166’’ after ‘‘travel times’’;
16 and
17 (3) by striking subsection (m) and inserting the
18 following:
19 ‘‘(m) OPERATING ASSISTANCE.—
20 ‘‘(1) PROJECTS.—A State may obligate funds
21 apportioned under section 104(b)(4) in an area of
22 such State that is otherwise eligible for obligations of
23 such funds for operating costs under chapter 53 of
24 title 49 or on a system for which CMAQ funding was
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1 2012, or, notwithstanding subsection (b), on a State-
2 supported Amtrak route with a cost-sharing agree-
3 ment under section 209 of the Passenger Rail Invest-
4 ment and Improvement Act of 2008 or alternative
5 cost allocation under section 24712(g)(3) of title 49.
6 ‘‘(2) TIME LIMITATION.—In determining the
7 amount of time for which a State may obligate funds
8 under paragraph (1) for operating assistance for an
9 area of a State or on a system, the Secretary shall
10 allow such obligations to occur, in such area or on
11 such system—
12 ‘‘(A) with a time limitation of not less than
13 3 years; and
14 ‘‘(B) in the case of projects that demonstrate
15 continued net air quality benefits beyond 3
16 years, as determined annually by the Secretary
17 in consultation with the Administrator of the
18 Environmental Protection Agency, with no im-
19 posed time limitation.’’.
20 SEC. 1211. ELECTRIC VEHICLE CHARGING STATIONS.
21 (a) ELECTRIC VEHICLE CHARGING STATIONS.—Chap-
22 ter 1 of title 23, United States Code, is amended by insert-
23 ing after section 154 the following new section:
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1 ‘‘§ 155. Electric vehicle charging stations
2 ‘‘(a) IN GENERAL.—Any electric vehicle charging in-
3 frastructure funded under this title shall be subject to the
4 requirements of this section.
5 ‘‘(b) INTEROPERABILITY.—
6 ‘‘(1) IN GENERAL.—Electric vehicle charging sta-
7 tions funded under this title shall provide, at a min-
8 imum, two of the following charging connector types
9 at the location:
10 ‘‘(A) CCS.
11 ‘‘(B) CHAdeMO.
12 ‘‘(C) An alternative connector that meets
13 applicable industry safety standards
14 ‘‘(2) SAVINGS CLAUSE.—Nothing in this sub-
15 section shall prevent the use of charging types other
16 than the connectors described in paragraph (1) if, at
17 a minimum, such connectors meet applicable industry
18 safety standards and are compatible with a majority
19 of electric vehicles in operation.
20 ‘‘(c) OPEN ACCESS TO PAYMENT.—Electric vehicle
21 charging stations shall provide payment methods available
22 to all members of the public to ensure secure, convenient,
23 and equal access and shall not be limited by membership
24 to a particular payment provider.
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25 ‘‘(d) TREATMENT OF PROJECTS.—Notwithstanding
26 any other provision of law, any project to install electric
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1 vehicle charging infrastructure shall be treated as if the
2 project is located on a Federal-aid highway.
3 ‘‘(e) CERTIFICATION.—The Secretary of Commerce
4 shall certify that no electric vehicle charging stations in-
5 stalled under this section use minerals sourced or processed
6 with child labor, as such term is defined in Article 3 of
7 the International Labor Organization Convention con-
8 cerning the prohibition and immediate action for the elimi-
9 nation of the worst forms of child labor (December 2, 2000),
10 or in violation of human rights.’’.
11 (b) CLERICAL AMENDMENT.—The analysis for chapter
12 1 of title 23, United States Code, is amended by inserting
13 after the item relating to section 154 the following new item:
‘‘155. Electric vehicle charging stations.’’.
14 (c) ELECTRIC VEHICLE CHARGING SIGNAGE.—The
15 Secretary of Transportation shall update the Manual on
16 Uniform Traffic Control Devices to—
17 (1) ensure uniformity in providing road users
18 direction to electric charging stations that are open to
19 the public; and
20 (2) allow the use of Specific Service signs for
21 electric vehicle charging station providers.
22 (d) AGREEMENTS RELATING TO THE USE AND ACCESS
23 OF RIGHTS-OF-WAY OF THE INTERSTATE SYSTEM.—Section
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24 111 of title 23, United States Code, is amended by adding
25 at the end the following:
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1 ‘‘(f) INTERSTATE SYSTEM RIGHTS-OF WAY.—
2 ‘‘(1) IN GENERAL.—Notwithstanding subsections
3 (a) or (b), the Secretary shall permit, consistent with
4 section 155, the charging of electric vehicles on rights-
5 of-way of the Interstate System in—
6 ‘‘(A) a rest area; or
7 ‘‘(B) a fringe or corridor parking facility,
8 including a park and ride facility.
9 ‘‘(2) SAVINGS CLAUSE.—Nothing in this sub-
10 section shall permit commercial activities on rights-
11 of-way of the Interstate System, except as necessary
12 for the charging of electric vehicles in accordance with
13 this subsection.’’.
14 SEC. 1212. NATIONAL HIGHWAY FREIGHT PROGRAM.
15 Section 167 of title 23, United States Code, is amend-
16 ed—
17 (1) in subsection (b)—
18 (A) in paragraph (6) by striking ‘‘; and’’
19 and inserting a semicolon; and
20 (B) by striking paragraph (7) and inserting
21 the following:
22 ‘‘(7) to reduce the environmental impacts of
23 freight movement on the National Highway Freight
24 Network, including—
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25 ‘‘(A) greenhouse gas emissions;
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1 ‘‘(B) local air pollution;
2 ‘‘(C) minimizing, capturing, or treating
3 stormwater runoff and addressing other adverse
4 impacts to water quality; and
5 ‘‘(D) wildlife habitat loss; and
6 ‘‘(8) to decrease any adverse impact of freight
7 transportation on communities located near freight
8 facilities or freight corridors.’’;
9 (2) in subsection (e) by adding at the end the fol-
10 lowing:
11 ‘‘(3) ADDITIONAL MILEAGE.—Notwithstanding
12 paragraph (2), a State that has designated at least 90
13 percent of its maximum mileage described in para-
14 graph (2) may designate up to an additional 150
15 miles of critical rural freight corridors.’’;
16 (3) in subsection (f) by adding at the end the fol-
17 lowing:
18 ‘‘(5) ADDITIONAL MILEAGE.—Notwithstanding
19 paragraph (4), a State that has designated at least 90
20 percent of its maximum mileage described in para-
21 graph (4) may designate up to an additional 75 miles
22 of critical urban freight corridors under paragraphs
23 (1) and (2).’’;
24 (4) in subsection (h) by striking ‘‘Not later than’’
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25 and all that follows through ‘‘shall prepare’’ and in-
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1 serting ‘‘As part of the report required under section
2 503(b)(8), the Administrator shall biennially pre-
3 pare’’;
4 (5) in subsection (i)—
5 (A) by striking paragraphs (2) and (3);
6 (B) by amending paragraph (4) to read as
7 follows:
8 ‘‘(4) FREIGHT PLANNING.—Notwithstanding any
9 other provision of law, a State may not obligate funds
10 apportioned to the State under section 104(b)(5) un-
11 less the State has developed, updated, or amended, as
12 applicable, a freight plan in accordance with section
13 70202 of title 49.’’;
14 (C) in paragraph (5)—
15 (i) by striking subparagraph (B) and
16 inserting the following:
17 ‘‘(B) LIMITATION.—The Federal share of a
18 project described in subparagraph (C)(xxiii)
19 shall fund only elements of such project that pro-
20 vide public benefits.’’; and
21 (ii) in subparagraph (C)—
22 (I) in clause (iii) by inserting
23 ‘‘and freight management and oper-
24 ations systems’’ after ‘‘freight transpor-
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1 (II) by amending clause (xxiii) to
2 read as follows:
3 ‘‘(xxiii) Freight intermodal or freight
4 rail projects, including—
5 ‘‘(I) projects within the bound-
6 aries of public or private freight rail
7 or water facilities (including ports);
8 ‘‘(II) projects that provide surface
9 transportation infrastructure necessary
10 to facilitate direct intermodal inter-
11 change, transfer, and access into or out
12 of the facility; and
13 ‘‘(III) any other surface transpor-
14 tation project to improve the flow of
15 freight into or out of a facility de-
16 scribed in subclause (I) or (II).’’;
17 (D) in paragraph (6) by striking ‘‘para-
18 graph (5)’’ and inserting ‘‘paragraph (3)’’; and
19 (E) by redesignating paragraphs (4), (5),
20 (6), and (7) as paragraphs (2), (3), (4), and (5),
21 respectively; and
22 (6) in subsection (k)(1)(A)(ii) by striking ‘‘ports-
23 of entry’’ and inserting ‘‘ports-of-entry’’.
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1 SEC. 1213. CARBON POLLUTION REDUCTION.
2 (a) IN GENERAL.—Chapter 1 of title 23, United States
3 Code, is amended by adding at the end the following:
4 ‘‘§ 171. Carbon pollution reduction
5 ‘‘(a) ESTABLISHMENT.—The Secretary shall establish
6 a carbon pollution reduction program to support the reduc-
7 tion of greenhouse gas emissions from the surface transpor-
8 tation system.
9 ‘‘(b) ELIGIBLE PROJECTS.—A project is eligible for
10 funding under this section if such project—
11 ‘‘(1) is expected to yield a significant reduction
12 in greenhouse gas emissions from the surface trans-
13 portation system;
14 ‘‘(2) will help a State meet the greenhouse gas
15 emissions performance targets established under sec-
16 tion 150(c)(7); and
17 ‘‘(3) is—
18 ‘‘(A) eligible for assistance under this title
19 or under chapter 53 of title 49; or
20 ‘‘(B) a capital project, as such term is de-
21 fined in section 22906 of title 49, to improve
22 intercity rail passenger transportation, provided
23 that the project will yield a significant reduction
24 in single occupant vehicle trips and improve mo-
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1 ‘‘(c) GUIDANCE.—The Secretary shall issue guidance
2 on methods of determining the reduction of single occupant
3 vehicle trips and improvement of mobility on public roads
4 as those factors relate to intercity rail passenger transpor-
5 tation projects under subsection (b)(4).
6 ‘‘(d) OPERATING EXPENSES.—A State may use not
7 more than 10 percent of the funds provided under section
8 104(b)(9) for the operating expenses of public transpor-
9 tation and passenger rail transportation projects.
10 ‘‘(e) SINGLE-OCCUPANCY VEHICLE HIGHWAY FACILI-
11 TIES.—None of the funds provided under this section may
12 be used for a project that will result in the construction
13 of new capacity available to single occupant vehicles unless
14 the project consists of a high occupancy vehicle facility and
15 is consistent with section 166.
16 ‘‘(f) EVALUATION.—
17 ‘‘(1) IN GENERAL.—The Secretary shall annually
18 evaluate the progress of each State in carrying out the
19 program under this section by comparing the percent
20 change in carbon dioxide emissions per capita on
21 public roads in the State calculated as—
22 ‘‘(A) the annual carbon dioxide emissions
23 per capita on public roads in the State for the
24 most recent year for which there is data; divided
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1 ‘‘(B) the average annual carbon dioxide
2 emissions per capita on public roads in the State
3 in calendar years 2015 through 2019.
4 ‘‘(2) MEASURES.—In conducting the evaluation
5 under paragraph (1), the Secretary shall—
6 ‘‘(A) prior to the effective date of the green-
7 house gas performance measures under section
8 150(c)(7), use such data as are available, which
9 may include data on motor fuels usage published
10 by the Federal Highway Administration and in-
11 formation on emissions factors or coefficients
12 published by the Energy Information Adminis-
13 tration of the Department of Energy; and
14 ‘‘(B) following the effective date of the
15 greenhouse gas performance measures under sec-
16 tion 150(c)(7), use such measures.
17 ‘‘(g) PROGRESS REPORT.—The Secretary shall annu-
18 ally issue a carbon pollution reduction progress report, to
19 be made publicly available on the website of the Department
20 of Transportation, that includes—
21 ‘‘(1) the results of the evaluation under sub-
22 section (f) for each State; and
23 ‘‘(2) a ranking of all the States by the criteria
24 under subsection (f), with the States that, for the year
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25 covered by such report, have the largest percentage re-
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1 duction in annual carbon dioxide emissions per cap-
2 ita on public roads being ranked the highest.
3 ‘‘(h) HIGH-PERFORMING STATES.—
4 ‘‘(1) DESIGNATION.—For purposes of this sec-
5 tion, each State that is 1 of the 15 highest ranked
6 States, as determined under subsection (g)(2), and
7 that achieves a reduction in carbon dioxide emissions
8 per capita on public roads, as determined by the eval-
9 uation in subsection (f), shall be designated as a high-
10 performing State for the following fiscal year.
11 ‘‘(2) USE OF FUNDS.—For each State that is
12 designated as a high-performing State under para-
13 graph (1)—
14 ‘‘(A) notwithstanding section 120, the State
15 may use funds made available under this title to
16 pay the non-Federal share of a project under this
17 section during any year for which such State is
18 designated as a high-performing State; and
19 ‘‘(B) notwithstanding section 126, the State
20 may transfer up to 50 percent of funds appor-
21 tioned under section 104(b)(9) to the program
22 under section 104(b)(2) in any year for which
23 such State is designated as a high-performing
24 State.
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1 ‘‘(3) TRANSFER.—For each State that is 1 of the
2 15 lowest ranked States, as determined under sub-
3 section (g)(2), the Secretary shall transfer 10 percent
4 of the amount apportioned to the State under section
5 104(b)(2) in the fiscal year following the year in
6 which the State is so ranked, not including amounts
7 set aside under section 133(d)(1)(A) and under sec-
8 tion 133(h) or 505(a), to the apportionment of the
9 State under section 104(b)(9).
10 ‘‘(4) LIMITATION.—The Secretary shall not con-
11 duct a transfer under paragraph (3)—
12 ‘‘(A) until the first fiscal year following the
13 effective date of greenhouse gas performance
14 measures under section 150(c)(7); and
15 ‘‘(B) with respect to a State in any fiscal
16 year following the year in which such State
17 achieves a reduction in carbon dioxide emissions
18 per capita on public roads in such year as deter-
19 mined by the evaluation under subsection (f).
20 ‘‘(i) REPORT.—Not later than 2 years after the date
21 of enactment of this section and periodically thereafter, the
22 Secretary, in consultation with the Administrator of the
23 Environmental Protection Agency, shall issue a report—
24 ‘‘(1) detailing, based on the best available
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1 under this section are expected to provide the most
2 significant greenhouse gas emissions reductions from
3 the surface transportation sector; and
4 ‘‘(2) detailing, based on the best available
5 science, what types of projects eligible for assistance
6 under this section are not expected to provide signifi-
7 cant greenhouse gas emissions reductions from the
8 surface transportation sector.’’.
9 (b) CLERICAL AMENDMENT.—The analysis for chapter
10 1 of title 23, United States Code, is amended by adding
11 at the end the following new item:
‘‘171. Carbon pollution reduction.’’.
12 (c) APPLICABILITY.—Subsection (b)(2) of section 171
13 of title 23, United States Code, as added by this section,
14 shall apply to a State beginning on the first fiscal year
15 following the fiscal year in which the State sets greenhouse
16 gas performance targets under section 150(d) of title 23,
17 United States Code.
18 SEC. 1214. RECREATIONAL TRAILS.
19 Section 206 of title 23, United States Code, is amended
20 by adding at the end the following:
21 ‘‘(j) USE OF OTHER APPORTIONED FUNDS.—Funds
22 apportioned to a State under section 104(b) that are obli-
23 gated for recreational trails and related projects shall be
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24 administered as if such funds were made available for pur-
25 poses described under this section.’’.
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1 SEC. 1215. SAFE ROUTES TO SCHOOL PROGRAM.
2 (a) IN GENERAL.—Chapter 2 of title 23, United States
3 Code, is amended by inserting after section 210 the fol-
4 lowing:
5 ‘‘§ 211. Safe routes to school program
6 ‘‘(a) PROGRAM.—The Secretary shall carry out a safe
7 routes to school program for the benefit of children in pri-
8 mary, middle, and high schools.
9 ‘‘(b) PURPOSES.—The purposes of the program shall
10 be—
11 ‘‘(1) to enable and encourage children, including
12 those with disabilities, to walk and bicycle to school;
13 ‘‘(2) to make bicycling and walking to school a
14 safer and more appealing transportation alternative,
15 thereby encouraging a healthy and active lifestyle
16 from an early age; and
17 ‘‘(3) to facilitate the planning, development, and
18 implementation of projects and activities that will
19 improve safety and reduce traffic, fuel consumption,
20 and air pollution in the vicinity of schools.
21 ‘‘(c) USE OF FUNDS.—Amounts apportioned to a State
22 under paragraphs (2) and (3) of section 104(b) may be used
23 to carry out projects, programs, and other activities under
24 this section.
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25 ‘‘(d) ELIGIBLE ENTITIES.—Projects, programs, and
26 activities funded under this section may be carried out by
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1 eligible entities described under section 133(h)(4)(B) that
2 demonstrate an ability to meet the requirements of this sec-
3 tion.
4 ‘‘(e) ELIGIBLE PROJECTS AND ACTIVITIES.—
5 ‘‘(1) INFRASTRUCTURE-RELATED PROJECTS.—
6 ‘‘(A) IN GENERAL.—A State may obligate
7 funds under this section for the planning, design,
8 and construction of infrastructure-related
9 projects that will substantially improve the abil-
10 ity of students to walk and bicycle to school, in-
11 cluding sidewalk improvements, traffic calming
12 and speed reduction improvements, pedestrian
13 and bicycle crossing improvements, on-street bi-
14 cycle facilities, off-street bicycle and pedestrian
15 facilities, secure bicycle parking facilities, and
16 traffic diversion improvements in the vicinity of
17 schools.
18 ‘‘(B) LOCATION OF PROJECTS.—Infrastruc-
19 ture-related projects under subparagraph (A)
20 may be carried out on any public road or any
21 bicycle or pedestrian pathway or trail in the vi-
22 cinity of schools.
23 ‘‘(2) NONINFRASTRUCTURE-RELATED ACTIVI-
24 TIES.—In addition to projects described in paragraph
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1 noninfrastructure-related activities to encourage walk-
2 ing and bicycling to school, including—
3 ‘‘(A) public awareness campaigns and out-
4 reach to press and community leaders;
5 ‘‘(B) traffic education and enforcement in
6 the vicinity of schools;
7 ‘‘(C) student sessions on bicycle and pedes-
8 trian safety, health, and environment;
9 ‘‘(D) programs that address personal safety;
10 and
11 ‘‘(E) funding for training, volunteers, and
12 managers of safe routes to school programs.
13 ‘‘(3) SAFE ROUTES TO SCHOOL COORDINATOR.—
14 Each State receiving an apportionment under para-
15 graphs (2) and (3) of section 104(b) shall use a suffi-
16 cient amount of the apportionment to fund a full-time
17 position of coordinator of the State’s safe routes to
18 school program.
19 ‘‘(4) RURAL SCHOOL DISTRICT OUTREACH.—A
20 coordinator described in paragraph (3) shall conduct
21 outreach to ensure that rural school districts in the
22 State are aware of such State’s safe routes to school
23 program and the funds authorized by this section.
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1 ‘‘(f) FEDERAL SHARE.—The Federal share of the cost
2 of a project, program, or activity under this section shall
3 be 100 percent.
4 ‘‘(g) CLEARINGHOUSE.—
5 ‘‘(1) IN GENERAL.—The Secretary shall main-
6 tain a national safe routes to school clearinghouse
7 to—
8 ‘‘(A) develop information and educational
9 programs on safe routes to school; and
10 ‘‘(B) provide technical assistance and dis-
11 seminate techniques and strategies used for suc-
12 cessful safe routes to school programs.
13 ‘‘(2) FUNDING.—The Secretary shall carry out
14 this subsection using amounts authorized to be appro-
15 priated for administrative expenses under section
16 104(a).
17 ‘‘(h) TREATMENT OF PROJECTS.—Notwithstanding
18 any other provision of law, projects carried out under this
19 section shall be treated as projects on a Federal-aid highway
20 under chapter 1 of this title.
21 ‘‘(i) DEFINITIONS.—In this section, the following defi-
22 nitions apply:
23 ‘‘(1) IN THE VICINITY OF SCHOOLS.—The term
24 ‘in the vicinity of schools’ means, with respect to a
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1 school, the area within bicycling and walking dis-
2 tance of the school (approximately 2 miles).
3 ‘‘(2) PRIMARY, MIDDLE, AND HIGH SCHOOLS.—
4 The term ‘primary, middle, and high schools’ means
5 schools providing education from kindergarten
6 through twelfth grade.’’.
7 (b) TECHNICAL AND CONFORMING AMENDMENTS.—
8 (1) REPEAL.—Section 1404 of SAFETEA–LU
9 (Public Law 109–59; 119 Stat. 1228–1230), and the
10 item relating to such section in the table of contents
11 in section 1(b) of such Act, are repealed.
12 (2) ANALYSIS.—The analysis for chapter 2 of
13 title 23, United States Code, is amended by inserting
14 after the item relating to section 210 the following:
‘‘211. Safe routes to school program.’’.
15 SEC. 1216. BICYCLE TRANSPORTATION AND PEDESTRIAN
16 WALKWAYS.
17 Section 217 of title 23, United States Code, is amend-
18 ed—
19 (1) in subsection (d)—
20 (A) by striking ‘‘104(b)(3)’’ and inserting
21 ‘‘104(b)(4)’’; and
22 (B) by striking ‘‘a position’’ and inserting
23 ‘‘at least one full-time positions’’;
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1 (2) in subsection (e) by striking ‘‘bicycles’’ and
2 inserting ‘‘pedestrians or bicyclists’’ each place such
3 term appears; and
4 (3) in subsection (j) by striking paragraph (2)
5 and inserting the following:
6 ‘‘(2) ELECTRIC BICYCLE.—The term ‘electric bi-
7 cycle’ means mean a bicycle equipped with fully oper-
8 able pedals, a saddle or seat for the rider, and an
9 electric motor of less than 750 watts that can safely
10 share a bicycle transportation facility with other
11 users of such facility and meets the requirements of
12 one of the following three classes:
13 ‘‘(A) CLASS 1 ELECTRIC BICYCLE.—The
14 term ‘class 1 electric bicycle’ means an electric
15 bicycle equipped with a motor that provides as-
16 sistance only when the rider is pedaling, and
17 that ceases to provide assistance when the bicycle
18 reaches the speed of 20 miles per hour.
19 ‘‘(B) CLASS 2 ELECTRIC BICYCLE.—The
20 term ‘class 2 electric bicycle’ means an electric
21 bicycle equipped with a motor that may be used
22 exclusively to propel the bicycle, and that is not
23 capable of providing assistance when the bicycle
24 reaches the speed of 20 miles per hour.
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1 ‘‘(C) CLASS 3 ELECTRIC BICYCLE.—The
2 term ‘class 3 electric bicycle’ means an electric
3 bicycle equipped with a motor that provides as-
4 sistance only when the rider is pedaling, and
5 that ceases to provide assistance when the bicycle
6 reaches the speed of 28 miles per hour.’’.
7 Subtitle C—Project-Level
8 Investments
9 SEC. 1301. PROJECTS OF NATIONAL AND REGIONAL SIG-
10 NIFICANCE.
11 (a) IN GENERAL.—Section 117 of title 23, United
12 States Code, is amended to read as follows:
13 ‘‘§ 117. Projects of national and regional significance
14 ‘‘(a) ESTABLISHMENT.—The Secretary shall establish
15 a projects of national and regional significance program
16 under which the Secretary may make grants to, and estab-
17 lish multiyear grant agreements with, eligible entities in
18 accordance with this section.
19 ‘‘(b) APPLICATIONS.—To be eligible for a grant under
20 this section, an eligible entity shall submit to the Secretary
21 an application in such form, in such manner, and con-
22 taining such information as the Secretary may require.
23 ‘‘(c) GRANT AMOUNTS AND PROJECT COSTS.—
24 ‘‘(1) IN GENERAL.—Each grant made under this
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1 ‘‘(A) shall be in an amount that is at least
2 $25,000,000; and
3 ‘‘(B) shall be for a project that has eligible
4 project costs that are reasonably anticipated to
5 equal or exceed the lesser of—
6 ‘‘(i) $100,000,000; or
7 ‘‘(ii) in the case of a project—
8 ‘‘(I) located in 1 State or terri-
9 tory, 30 percent of the amount appor-
10 tioned under this chapter to the State
11 or territory in the most recently com-
12 pleted fiscal year; or
13 ‘‘(II) located in more than 1 State
14 or territory, 50 percent of the amount
15 apportioned under this chapter to the
16 participating State or territory with
17 the largest apportionment under this
18 chapter in the most recently completed
19 fiscal year.
20 ‘‘(2) LARGE PROJECTS.—For a project that has
21 eligible project costs that are reasonably anticipated
22 to equal or exceed $500,000,000, a grant made under
23 this section—
24 ‘‘(A) shall be in an amount sufficient to
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1 transportation project, a minimum operable seg-
2 ment, in combination with other funding sources,
3 including non-Federal financial commitment,
4 identified in the application; and
5 ‘‘(B) may be awarded pursuant to the proc-
6 ess under subsection (d), as necessary based on
7 the amount of the grant.
8 ‘‘(d) MULTIYEAR GRANT AGREEMENTS FOR LARGE
9 PROJECTS.—
10 ‘‘(1) IN GENERAL.—A large project that receives
11 a grant under this section may be carried out through
12 a multiyear grant agreement in accordance with this
13 subsection.
14 ‘‘(2) REQUIREMENTS.—A multiyear grant agree-
15 ment for a large project shall—
16 ‘‘(A) establish the terms of participation by
17 the Federal Government in the project;
18 ‘‘(B) establish the amount of Federal finan-
19 cial assistance for the project;
20 ‘‘(C) establish a schedule of anticipated Fed-
21 eral obligations for the project that provides for
22 obligation of the full grant amount by not later
23 than 4 fiscal years after the fiscal year in which
24 the initial amount is provided; and
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1 ‘‘(D) determine the period of time for com-
2 pleting the project, even if such period extends
3 beyond the period of an authorization.
4 ‘‘(3) SPECIAL RULES.—
5 ‘‘(A) IN GENERAL.—A multiyear grant
6 agreement under this subsection—
7 ‘‘(i) shall obligate an amount of avail-
8 able budget authority specified in law; and
9 ‘‘(ii) may include a commitment, con-
10 tingent on amounts to be specified in law in
11 advance for commitments under this para-
12 graph, to obligate an additional amount
13 from future available budget authority spec-
14 ified in law.
15 ‘‘(B) CONTINGENT COMMITMENT.—A contin-
16 gent commitment under this subsection is not an
17 obligation of the Federal Government under sec-
18 tion 1501 of title 31.
19 ‘‘(C) INTEREST AND OTHER FINANCING
20 COSTS.—
21 ‘‘(i) IN GENERAL.—Interest and other
22 financing costs of carrying out a part of the
23 project within a reasonable time shall be
24 considered a cost of carrying out the project
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1 that eligible costs may not be more than the
2 cost of the most favorable financing terms
3 reasonably available for the project at the
4 time of borrowing.
5 ‘‘(ii) CERTIFICATION.—The applicant
6 shall certify to the Secretary that the appli-
7 cant has shown reasonable diligence in seek-
8 ing the most favorable financing terms.
9 ‘‘(4) ADVANCE PAYMENT.—An eligible entity car-
10 rying out a large project under a multiyear grant
11 agreement—
12 ‘‘(A) may use funds made available to the
13 eligible entity under this title or title 49 for eli-
14 gible project costs of the large project; and
15 ‘‘(B) shall be reimbursed, at the option of
16 the eligible entity, for such expenditures from the
17 amount made available under the multiyear
18 grant agreement for the project in that fiscal
19 year or a subsequent fiscal year.
20 ‘‘(e) ELIGIBLE PROJECTS.—
21 ‘‘(1) IN GENERAL.—The Secretary may make a
22 grant under this section only for a project that is a
23 project eligible for assistance under this title or chap-
24 ter 53 of title 49 and is—
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