H.R. 7095, INVEST in America Act
Summary
H.R. 7095, the INVEST in America Act, was introduced in the House of Representatives on June 4, 2020 by Mr. Defazio and referred to the Committee on Transportation and Infrastructure. It is a bill to authorize funds for Federal-aid highways, highway safety programs, and transit programs. Division A extends Federal surface transportation programs for fiscal year 2021. Division B covers surface transportation, with titles on Federal-aid highways, highway traffic safety, motor carrier safety and innovation.
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“H.R. 7095, INVEST in America Act.”
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I
116TH CONGRESS
2D SESSION
H. R. 7095
To authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 4, 2020
Mr. DEFAZIO (for himself, Ms. NORTON, and Mr. LIPINSKI) introduced the
following bill; which was referred to the Committee on Transportation
and Infrastructure
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,
3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
4 (a) SHORT TITLE.—This Act may be cited as the
5 ‘‘Investing in a New Vision for the Environment and Sur-
6 face Transportation in America Act’’ or the ‘‘INVEST in
7 America Act’’.
8 (b) TABLE OF CONTENTS.—The table of contents for
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9 this Act is as follows:
Sec. 1. Short title; table of contents.
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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.
Subtitle B—Programmatic Infrastructure Investment
Sec. 1201. National highway performance program.
Sec. 1202. Increasing the resilience of transportation assets.
Sec. 1203. Emergency relief.
Sec. 1204. Railway crossings.
Sec. 1205. Surface transportation program.
Sec. 1206. Transportation alternatives program.
Sec. 1207. Bridge investment.
Sec. 1208. Construction of ferry boats and ferry terminal facilities.
Sec. 1209. Highway safety improvement program.
Sec. 1210. Congestion mitigation and air quality improvement program.
Sec. 1211. Electric vehicle charging stations.
Sec. 1212. National highway freight program.
Sec. 1213. Carbon pollution reduction.
Sec. 1214. Recreational trails.
Sec. 1215. Safe routes to school program.
Sec. 1216. Bicycle transportation and pedestrian walkways.
Subtitle C—Project-Level Investments
Sec. 1301. Projects of national and regional significance.
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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.
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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.
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.
Subtitle F—Additional Provisions
Sec. 1601. Toward zero deaths.
Sec. 1602. Speed limits.
Sec. 1603. Broadband infrastructure deployment.
Sec. 1604. Appalachian development highway system funding flexibility.
Sec. 1605. Stormwater best management practices.
Sec. 1606. Pedestrian right-of-way.
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
workforce.
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.
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.
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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.
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Sec. 2204. Formula grants for rural areas.
Sec. 2205. One-stop paratransit program.
Subtitle C—Buy America and Other Procurement Reforms
Sec. 2301. Buy America.
Sec. 2302. Bus procurement streamlining.
Sec. 2303. Bus testing facility.
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. Automated vehicle transit workforce standards.
Sec. 2604. Performance-based metrics.
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.
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.
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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.
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.
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.
Subtitle C—Commercial Motor Vehicle Driver Safety
Sec. 4301. Commercial drivers 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.
Subtitle D—Commercial Motor Vehicle and School Bus Safety
Sec. 4401. School bus safety standards.
Sec. 4402. Illegal passing of school buses.
Sec. 4403. State inspection of passenger-carrying commercial motor vehicles.
Sec. 4404. Automatic emergency braking.
Sec. 4405. Underride protection.
Sec. 4406. Transportation of horses.
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-
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Sec. 5107. Wildlife-vehicle collision reduction and habitat connectivity improve-
ment.
Sec. 5108. Research activities.
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Subtitle B—Technology Deployment
Sec. 5201. Technology and innovation deployment program.
Sec. 5202. Accelerated implementation and deployment of pavement tech-
nologies.
Sec. 5203. Federal Highway Administration Every Day Counts Initiative.
Subtitle C—Emerging Technologies
Sec. 5301. Safe, efficient mobility through advanced technologies.
Sec. 5302. Intelligent transportation systems program.
Sec. 5303. National highly automated vehicle and mobility innovation clearing-
house.
Sec. 5304. Study on safe interactions between automated vehicles and road
users.
Sec. 5305. Nontraditional and Emerging Transportation Technology Council.
Sec. 5306. Hyperloop transportation.
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. Reports.
TITLE VI—MULTIMODAL TRANSPORTATION
Sec. 6001. National multimodal freight policy.
Sec. 6002. National freight strategic plan.
Sec. 6003. National multimodal freight network.
Sec. 6004. State freight advisory committees.
Sec. 6005. State freight plans.
Sec. 6006. Study of freight transportation fee.
Sec. 6007. National Surface Transportation and Innovative Finance Bureau.
Sec. 6008. Local hire.
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
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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.
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Sec. 8204. Study on hazardous materials transported by commercial motor ve-
hicles on highway-rail grade crossings.
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.
Sec. 9216. Recreational trail access.
TITLE III—INTERCITY PASSENGER RAIL POLICY
Sec. 9301. Northeast Corridor Commission.
Sec. 9302. Northeast Corridor planning.
Sec. 9303. Protective arrangements.
Sec. 9304. High-speed rail funds.
TITLE IV—COMMUTER RAIL POLICY
Sec. 9401. Surface Transportation Board mediation of trackage use requests.
Sec. 9402. Surface Transportation Board mediation of rights-of-way use re-
quests.
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.
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Sec. 9502. GAO study on changes in freight railroad operating and scheduling
practices.
Sec. 9503. FRA safety reporting.
Sec. 9504. Waiver notice requirements.
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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 grant.
Sec. 9552. Rail safety public awareness grant.
Sec. 9553. Establishment of 10-minute time limit for blocking public grade
crossings.
Sec. 9554. National strategy to address blocked crossings.
Sec. 9555. Railroad point of contact for blocked crossing matters.
1 DIVISION A—FEDERAL SURFACE
2 TRANSPORTATION PRO-
3 GRAMS FOR FISCAL YEAR
4 2021
5 SEC. 101. EXTENSION OF FEDERAL SURFACE TRANSPOR-
6 TATION PROGRAMS.
7 (a) EXTENSION OF FEDERAL SURFACE TRANSPOR-
8 TATION PROGRAMS.—
9 (1) IN GENERAL.—Except as otherwise pro-
10 vided in this division, the requirements, authorities,
11 conditions, eligibilities, limitations, and other provi-
12 sions authorized under the covered laws, which
13 would otherwise expire on or cease to apply after
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14 September 30, 2020, are incorporated by reference
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1 and shall continue in effect through September 30,
2 2021.
3 (2) AUTHORIZATION OF APPROPRIATIONS.—
4 (A) HIGHWAY TRUST FUND.—
5 (i) HIGHWAY ACCOUNT.—
6 (I) IN GENERAL.—Except as pro-
7 vided in subclause (II), there is au-
8 thorized to be appropriated from the
9 Highway Account for fiscal year 2021,
10 for each program under the covered
11 laws with respect to which amounts
12 are authorized to be appropriated
13 from such account for fiscal year
14 2020, an amount equal to the amount
15 authorized for appropriation with re-
16 spect to the program from such ac-
17 count for fiscal year 2020.
18 (II) ADMINISTRATIVE EX-
19 PENSES.—Notwithstanding any other
20 provision of this division, there is au-
21 thorized to be appropriated from the
22 Highway Account for fiscal year
23 2021—
24 (aa) $502,897,049 for ad-
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25 ministrative expenses of the Fed-
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1 eral Highway Administration, as
2 described in section 104(a) of
3 title 23, United States Code; and
4 (bb) $30,086,000 for grant
5 administrative expenses of the
6 National Highway Traffic Safety
7 Administration, as described in
8 section 4001(a)(6) of the FAST
9 Act (Public Law 114–94).
10 (ii) MASS TRANSIT ACCOUNT.—There
11 is authorized to be appropriated from the
12 Mass Transit Account for fiscal year 2021,
13 for each program under the covered laws
14 with respect to which amounts are author-
15 ized to be appropriated from such account
16 for fiscal year 2020, an amount equal to
17 the amount authorized for appropriation
18 with respect to the program from such ac-
19 count for fiscal year 2020.
20 (B) GENERAL FUND.—
21 (i) IN GENERAL.—Except as provided
22 in clause (ii), there is authorized to be ap-
23 propriated for fiscal year 2021, for each
24 program with respect to which amounts
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25 are authorized to be appropriated for fiscal
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1 year 2020 from an account other than the
2 Highway Account or the Mass Transit Ac-
3 count under the titles described in sub-
4 section (b)(1), an amount not less than the
5 amount authorized for appropriation with
6 respect to the program under such titles
7 for fiscal year 2020.
8 (ii) ADMINISTRATIVE EXPENSES.—
9 Notwithstanding any other provision of
10 this division, there is authorized to be ap-
11 propriated from the general fund of the
12 Treasury for fiscal year 2021
13 $140,016,543 for administrative expenses
14 of the Federal Transit Administration.
15 (3) USE OF FUNDS.—Except as otherwise pro-
16 vided in this division, amounts authorized to be ap-
17 propriated for fiscal year 2021 with respect to a pro-
18 gram under paragraph (2) shall be distributed, ad-
19 ministered, limited, and made available for obliga-
20 tion in the same manner as amounts authorized to
21 be appropriated with respect to the program for fis-
22 cal year 2020 under the covered laws.
23 (4) OBLIGATION LIMITATION.—A program for
24 which amounts are authorized to be appropriated
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25 under paragraph (2)(A) shall be subject to a limita-
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1 tion on obligations for fiscal year 2021 in the same
2 amount and in the same manner as the limitation
3 applicable with respect to the program for fiscal year
4 2020 under the Department of Transportation Ap-
5 propriations Act, 2020 (Public Law 116–94), as in
6 effect on December 20, 2019.
7 (b) DEFINITIONS.—In this section, the term ‘‘covered
8 laws’’ means the following:
9 (1) Titles I, III, IV, V, and VI of division A of
10 the FAST Act (Public Law 114–94).
11 (2) Division A, division B, subtitle A of title I
12 and title II of division C, and division E of MAP–
13 21 (Public Law 112–141).
14 (3) Titles I, II, and III of the SAFETEA–LU
15 Technical Corrections Act of 2008 (Public Law 110–
16 244).
17 (4) Titles I, II, III, IV, V, and VI of
18 SAFETEA–LU (Public Law 109–59).
19 (5) Titles I, II, III, IV, and V of the Transpor-
20 tation Equity Act for the 21st Century (Public Law
21 105–178).
22 (6) Titles II, III, and IV of the National High-
23 way System Designation Act of 1995 (Public Law
24 104–59).
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1 (7) Title I, part A of title II, title III, title IV,
2 title V, and title VI of the Intermodal Surface
3 Transportation Efficiency Act of 1991 (Public Law
4 102–240).
5 (8) Title 23, United States Code.
6 (9) Sections 116, 117, 330, and 5505 and
7 chapters 53, 139, 303, 311, 313, 701, and 702 of
8 title 49, United States Code.
9 SEC. 102. FEDERAL HIGHWAY ADMINISTRATION.
10 (a) ADDITIONAL AMOUNTS.—
11 (1) AUTHORIZATION OF APPROPRIATIONS.—
12 (A) IN GENERAL.—In addition to amounts
13 authorized under section 101, there is author-
14 ized to be appropriated from the Highway Ac-
15 count for fiscal year 2021, for activities under
16 this section, $14,742,808,640.
17 (B) CONTRACT AUTHORITY.—Amounts au-
18 thorized to be appropriated under subparagraph
19 (A) shall be available for obligation as if appor-
20 tioned under chapter 1 of title 23, United
21 States Code.
22 (2) OBLIGATION CEILING.—
23 (A) IN GENERAL.—Notwithstanding any
24 other provision of law, for fiscal year 2021, ob-
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1 ligations for activities authorized under para-
2 graph (1) shall not exceed $14,742,808,640.
3 (B) DISTRIBUTION OF OBLIGATION AU-
4 THORITY.—
5 (i) IN GENERAL.—Of the obligation
6 authority provided under subparagraph
7 (A), the Secretary shall make available to
8 States, Tribes, Puerto Rico, the territories,
9 and Federal land management agencies,
10 during the period of fiscal year 2021,
11 amounts of obligation authority equal to
12 the amounts described in subparagraphs
13 (A) through (E) of paragraph (3), respec-
14 tively.
15 (ii) FURTHER DISTRIBUTION.—Each
16 State, each Tribe, Puerto Rico, each terri-
17 tory, and each Federal land management
18 agency receiving funds under subpara-
19 graphs (A) through (E) of paragraph (3),
20 respectively, shall receive an amount of ob-
21 ligation authority equal to the funds that
22 it receives under any of such subpara-
23 graphs.
24 (C) REDISTRIBUTION OF UNUSED OBLIGA-
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25 TION AUTHORITY.—
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1 (i) IN GENERAL.—Notwithstanding
2 subparagraph (B), the Secretary shall,
3 after August 1 of fiscal year 2021—
4 (I) revise a distribution of the ob-
5 ligation authority made available
6 under subparagraph (B) if an amount
7 distributed cannot be obligated during
8 that fiscal year; and
9 (II) redistribute sufficient
10 amounts to those States able to obli-
11 gate amounts in addition to those pre-
12 viously distributed during that fiscal
13 year, giving priority to those States
14 having large unobligated balances of
15 funds apportioned under sections 144
16 (as in effect on the day before the
17 date of enactment of MAP–21 (Public
18 Law 112–141)) and 104 of title 23,
19 United States Code.
20 (ii) ADMINISTRATION.—The Secretary
21 shall administer a redistribution under
22 clause (i) of obligation authority provided
23 under subparagraph (B) in a similar man-
24 ner as the standard August redistribution.
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1 (iii) USE OF OBLIGATION AUTHOR-
2 ITY.—A State may use obligation authority
3 that it receives pursuant to this subpara-
4 graph in the same manner that it uses ob-
5 ligation authority that it receives as part of
6 the standard August redistribution.
7 (3) DISTRIBUTION OF FUNDS.—Amounts au-
8 thorized to be appropriated for fiscal year 2021
9 under paragraph (1) shall be distributed as follows:
10 (A) $14,384,629,710 to the States.
11 (B) $167,481,814 to Tribes.
12 (C) $52,400,251 to Puerto Rico.
13 (D) $13,929,181 to the territories.
14 (E) $124,367,684 to Federal land manage-
15 ment agencies.
16 (4) STATE FUNDS.—
17 (A) DISTRIBUTION.—
18 (i) IN GENERAL.—Amounts made
19 available under paragraph (3)(A) shall be
20 distributed among the States in the same
21 ratio as total State apportionments under
22 section 104(c)(1) of title 23, United States
23 Code, in fiscal year 2020.
24 (ii) SUBALLOCATION.—
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1 (I) IN GENERAL.—Amounts dis-
2 tributed among the States under
3 clause (i) shall be suballocated within
4 the State to areas described in sub-
5 clause (II) in the proportion that—
6 (aa) the total amount of
7 funds suballocated to such areas
8 of the State as described in such
9 subclause for fiscal year 2020;
10 bears to
11 (bb) the total amount of
12 funds apportioned to the State
13 for the Federal-aid highway pro-
14 gram under section 104 of title
15 23, United States Code, for fiscal
16 year 2020.
17 (II) AREAS DESCRIBED.—The
18 areas described in this subclause
19 are—
20 (aa) urbanized areas of the
21 State with an urbanized area
22 population of over 200,000;
23 (bb) areas of the State other
24 than urban areas with a popu-
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1 (cc) other areas of the State.
2 (B) TREATMENT.—Except as otherwise
3 provided in this paragraph, amounts made
4 available under paragraph (3)(A) shall be ad-
5 ministered as if apportioned under chapter 1 of
6 title 23, United States Code.
7 (C) USE OF FUNDS.—Amounts made avail-
8 able under paragraph (3)(A) may be obligated
9 for—
10 (i) eligible projects described in sec-
11 tion 133(b) of title 23, United States
12 Code, subject to section 133(c) of such
13 title; and
14 (ii) administrative expenses, including
15 salaries and benefits, of—
16 (I) the State department of
17 transportation;
18 (II) a local transportation agen-
19 cy; or
20 (III) a metropolitan planning or-
21 ganization.
22 (5) TRIBAL FUNDS.—
23 (A) TREATMENT.—
24 (i) IN GENERAL.—Except as otherwise
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1 available under paragraph (3)(B) shall be
2 administered as if made available under
3 section 202 of title 23, United States
4 Code.
5 (ii) NONAPPLICABILITY OF CERTAIN
6 PROVISIONS OF LAW.—Subsections (a)(6),
7 (c), (d), and (e) of section 202 of title 23,
8 United States Code, shall not apply to
9 amounts made available under paragraph
10 (3)(B).
11 (B) USE OF FUNDS.—Amounts made
12 available under paragraph (3)(B) may be obli-
13 gated for—
14 (i) activities eligible under section
15 202(a)(1) of title 23, United States Code;
16 and
17 (ii) transportation-related administra-
18 tive expenses, including salaries and bene-
19 fits, of the Tribe.
20 (6) FUNDS FOR PUERTO RICO AND THE TERRI-
21 TORIES.—
22 (A) TREATMENT.—
23 (i) IN GENERAL.—Except as otherwise
24 provided in this paragraph, amounts made
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1 (3)(D) shall be administered as if allocated
2 under sections 165(b) and 165(c), respec-
3 tively, of title 23, United States Code.
4 (ii) NONAPPLICABILITY OF CERTAIN
5 PROVISIONS OF LAW.—Section 165(b)(2)
6 of title 23, United States Code, shall not
7 apply to amounts made available to Puerto
8 Rico under paragraph (3)(C).
9 (B) USE OF FUNDS.—
10 (i) PUERTO RICO.—Amounts made
11 available to Puerto Rico under paragraph
12 (3)(C) may be obligated for—
13 (I) activities eligible under chap-
14 ter 1 of title 23, United States Code;
15 and
16 (II) transportation related ad-
17 ministrative expenses, including sala-
18 ries and benefits.
19 (ii) TERRITORIES.—Amounts made
20 available to a territory under paragraph
21 (3)(D) may be obligated for—
22 (I) activities eligible under sec-
23 tion 165(c)(6) of title 23, United
24 States Code, subject to section
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1 (II) transportation-related ad-
2 ministrative expenses, including sala-
3 ries and benefits.
4 (7) FEDERAL LAND MANAGEMENT AGENCY
5 FUNDS.—
6 (A) DISTRIBUTION.—Amounts made avail-
7 able under paragraph (3)(E) shall be distrib-
8 uted among the Federal land management
9 agencies as follows:
10 (i) $99,494,147 for the National Park
11 Service.
12 (ii) $9,949,415 for the United States
13 Fish and Wildlife Service.
14 (iii) $6,301,296 for the United States
15 Forest Service.
16 (iv) $8,622,826 to be allocated to the
17 applicable Federal land management agen-
18 cies as described in section 203(b) of title
19 23, United States Code.
20 (B) TREATMENT.—Amounts made avail-
21 able under paragraph (3)(E) shall be adminis-
22 tered as if made available under section 203 of
23 title 23, United States Code.
24 (8) DISADVANTAGED BUSINESS ENTER-
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1 Law 114–94) shall apply to additional amounts
2 made available under paragraph (1).
3 (b) SPECIAL RULES FOR FISCAL YEAR 2021.—
4 (1) SUBALLOCATED AMOUNTS.—
5 (A) USE OF FUNDS.—Amounts authorized
6 to be appropriated for fiscal year 2021 with re-
7 spect to a program under section 101(a)(2)(A)
8 that are suballocated pursuant to section
9 133(d)(1)(A) of title 23, United States Code,
10 may be obligated for—
11 (i) eligible projects as described in
12 section 133(b) of title 23, United States
13 Code; or
14 (ii) administrative expenses, including
15 salaries and benefits, of—
16 (I) a local transportation agency;
17 or
18 (II) a metropolitan planning or-
19 ganization.
20 (B) OBLIGATION AUTHORITY.—
21 (i) IN GENERAL.—A State that is re-
22 quired to obligate in an urbanized area
23 with an urbanized area population of over
24 200,000 individuals under section 133(d)
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1 portioned to the State under section
2 104(b)(2) of such title shall make available
3 during the period of fiscal years 2016
4 through 2021 an amount of obligation au-
5 thority distributed to the State for Fed-
6 eral-aid highways and highway safety con-
7 struction programs for use in the area that
8 is equal to the amount obtained by multi-
9 plying—
10 (I) the aggregate amount of
11 funds that the State is required to ob-
12 ligate in the area under section
13 133(d) of title 23, United States
14 Code, during the period; and
15 (II) the ratio that—
16 (aa) the aggregate amount
17 of obligation authority distrib-
18 uted to the State for Federal-aid
19 highways and highway safety
20 construction programs during the
21 period; bears to
22 (bb) the total of the sums
23 apportioned to the State for Fed-
24 eral-aid highways and highway
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1 cluding sums not subject to an
2 obligation limitation) during the
3 period.
4 (ii) JOINT RESPONSIBILITY.—Each
5 State, each affected metropolitan planning
6 organization, and the Secretary shall joint-
7 ly ensure compliance with clause (i).
8 (2) FERRY BOAT PROGRAM.—Amounts author-
9 ized to be appropriated for fiscal year 2021 with re-
10 spect to a program under section 101(a)(2)(A) that
11 are made available for the construction of ferry
12 boats and ferry terminal facilities under section 147
13 of title 23, United States Code, may be obligated—
14 (A) in accordance with sections 129(c) and
15 147 of title 23, United States Code;
16 (B) for administrative expenses, including
17 salaries and benefits, of a ferry boat operator or
18 ferry terminal facility operator eligible for Fed-
19 eral participation under section 129(c) of title
20 23, United States Code; and
21 (C) for operating costs associated with a
22 ferry boat or ferry terminal facility eligible for
23 Federal participation under section 129(c) of
24 title 23, United States Code.
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1 (3) NATIONALLY SIGNIFICANT FREIGHT AND
2 HIGHWAY PROJECTS.—In fiscal year 2021, the pro-
3 gram carried out under section 117 of title 23,
4 United States Code, shall, in addition to any other-
5 wise applicable requirements, be subject to the fol-
6 lowing provisions:
7 (A) MULTIMODAL PROJECTS.—Notwith-
8 standing subsection (d)(2)(A) of such section,
9 the limitation for projects described in such
10 subsection shall be $600,000,000 for fiscal
11 years 2016 through 2021.
12 (B) ADDITIONAL CONSIDERATIONS.—Not-
13 withstanding subsection (h)(2) of such section,
14 the Secretary shall not consider the utilization
15 of non-Federal contributions.
16 (C) EVALUATION AND RATING.—To evalu-
17 ate applications for funding under such section,
18 the Secretary shall—
19 (i) determine whether a project is eli-
20 gible for a grant under such section;
21 (ii) evaluate, through a methodology
22 that is discernible and transparent to the
23 public, how each application addresses the
24 merit criteria established by the Secretary;
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1 (iii) assign a quality rating for each
2 merit criteria for each application based on
3 the evaluation under clause (ii);
4 (iv) ensure that applications receive
5 final consideration by the Secretary to re-
6 ceive an award under such section only on
7 the basis of such quality ratings and that
8 the Secretary gives final consideration only
9 to applications that meet the minimally ac-
10 ceptable level for each of the merit criteria;
11 and
12 (v) award grants only to projects
13 rated highly under the evaluation and rat-
14 ing process.
15 (D) PUBLICATION AND METHODOLOGY.—
16 In any published notice of funding opportunity
17 for a grant under such section, the Secretary
18 shall include detailed information on the rating
19 methodology and merit criteria to be used to
20 evaluate applications.
21 (E) REPEAT APPLICATIONS.—
22 (i) BRIEFING.—The Secretary shall
23 provide to each applicant that applied for,
24 but did not receive, funding under such
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1 request of the applicant, the opportunity to
2 receive a briefing to—
3 (I) explain any reasons the appli-
4 cation was not selected for funding;
5 and
6 (II) advise the applicant on how
7 to improve the application for resub-
8 mission in fiscal year 2021 under the
9 application criteria described in this
10 paragraph.
11 (ii) SUPPLEMENTARY APPLICATION.—
12 (I) IN GENERAL.—An applicant
13 for funding under such section may
14 elect to resubmit an application from
15 a previous solicitation with a supple-
16 mentary appendix that describes how
17 the proposed project meets the re-
18 quirements of section 117 of title 23,
19 United States Code, and this para-
20 graph.
21 (II) REQUIREMENTS.—The Sec-
22 retary shall ensure that applications
23 submitted under subclause (I), includ-
24 ing the supplementary appendix, are
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1 (F) CONGRESSIONAL NOTIFICATION.—A
2 notification submitted pursuant to subsection
3 (m) of such section shall include—
4 (i) a summary of each application
5 submitted and, at the request of either
6 Committee, a copy of any application sub-
7 mitted;
8 (ii) a list of any projects the Secretary
9 determined were not eligible for funding;
10 (iii) a description of the specific cri-
11 teria used for each evaluation, including
12 the quality rating assigned for each eligible
13 application submitted;
14 (iv) a list of all projects that advanced
15 to the Secretary for consideration; and
16 (v) a detailed justification of the basis
17 for each award proposed to be selected.
18 (c) FEDERAL SHARE.—
19 (1) IN GENERAL.—Except as provided in para-
20 graph (3) and notwithstanding section 120 of title
21 23, United States Code, or any other provision of
22 this division, the Federal share associated with
23 funds described in paragraph (2) that are obligated
24 during fiscal year 2021 may be up to 100 percent.
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1 (2) FUNDS DESCRIBED.—The funds described
2 in this paragraph are funds made available for the
3 implementation or execution of Federal-aid highway
4 and highway safety construction programs author-
5 ized under title 23 or 49, United States Code, the
6 FAST Act (Public Law 114–94), or this division.
7 (3) EXCEPTIONS.—Paragraph (1) shall not
8 apply to amounts obligated under section 115 or 117
9 of title 23, United States Code, or chapter 6 of such
10 title.
11 (d) ADMINISTRATIVE EXPENSES.—
12 (1) SELF-CERTIFICATION AND AUDIT.—
13 (A) IN GENERAL.—Prior to the obligation
14 of funds for administrative expenses pursuant
15 to paragraph (4)(C)(ii), (5)(B)(ii), (6)(B)(i)(II),
16 or (6)(B)(ii)(II) of subsection (a) or paragraphs
17 (1)(A)(ii) and (2)(B) of subsection (b), a State,
18 a Tribe, Puerto Rico, or a territory, as applica-
19 ble, shall certify to the Secretary that such ad-
20 ministrative expenses meet the requirements of
21 such paragraphs, as applicable.
22 (B) AUDIT.—The Secretary may conduct
23 an audit to review obligations of funds and liq-
24 uidation of such obligations for eligible adminis-
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1 trative expenses described under subparagraph
2 (A).
3 (2) PLANNING.—Notwithstanding any other
4 provision of law, administrative expenses described
5 in paragraph (1)(A) shall not be required to be in-
6 cluded in a metropolitan transportation plan, a long-
7 range statewide transportation plan, a transpor-
8 tation improvement program, or a statewide trans-
9 portation improvement program under sections 134
10 or 135 of title 23, United States Code, or chapter
11 53 of title 49, United States Code, as applicable.
12 (e) DEFINITIONS.—In this section, the following defi-
13 nitions apply:
14 (1) STANDARD AUGUST REDISTRIBUTION.—The
15 term ‘‘standard August redistribution’’ means the
16 redistribution of obligation authority and amounts
17 that the Secretary is directed to administer under—
18 (A) section 1102(d) of the FAST Act
19 (Public Law 114–94); or
20 (B) any Act making appropriations for the
21 Department of Transportation for fiscal year
22 2021.
23 (2) STATE.—The term ‘‘State’’ means the 50
24 States and the District of Columbia.
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1 (3) TERRITORY.—The term ‘‘territory’’ means
2 any of the following territories of the United States:
3 (A) American Samoa.
4 (B) The Commonwealth of the Northern
5 Mariana Islands.
6 (C) Guam.
7 (D) The United States Virgin Islands.
8 (4) URBAN AREA; URBANIZED AREA.—The
9 terms ‘‘urban area’’ and ‘‘urbanized area’’ have the
10 meanings given such terms in section 101 of title 23,
11 United States Code.
12 SEC. 103. FEDERAL TRANSIT ADMINISTRATION.
13 (a) ADDITIONAL AMOUNTS.—
14 (1) AUTHORIZATION OF APPROPRIATIONS FROM
15 MASS TRANSIT ACCOUNT.—
16 (A) IN GENERAL.—In addition to amounts
17 authorized under section 101, there is author-
18 ized to be appropriated from the Mass Transit
19 Account for fiscal year 2021, for activities
20 under this section, $5,794,851,538.
21 (B) APPORTIONMENT.—Amounts author-
22 ized under subparagraph (A) shall be appor-
23 tioned in accordance with section 5310, section
24 5311 (other than subsections (b)(3), (c)(1)(A),
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1 than subsection (h)(4) of such section), section
2 5337, and section 5340 of title 49, United
3 States Code, except that funds apportioned
4 under section 5337 of such title shall be added
5 to funds apportioned under section 5307 of
6 such title for administration under section 5307
7 of such title.
8 (C) ALLOCATION.—The Secretary shall al-
9 locate the amounts authorized to be appro-
10 priated to sections 5307, 5310, 5311, 5337,
11 and 5340 of title 49, United States Code,
12 among such sections in the same ratio as funds
13 are provided in the fiscal year 2020 appropria-
14 tions.
15 (2) AUTHORIZATION OF APPROPRIATIONS FROM
16 GENERAL FUND.—In addition to amounts authorized
17 under section 101(a)(1)(B), there is authorized to be
18 appropriated from the general fund of the Treas-
19 ury—
20 (A) $958,000,000 to carry out section
21 5309 of title 49, United States Code; and
22 (B) such sums as may be necessary to be
23 made available as described in subsection (c)
24 and that such sums shall be designated by the
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1 ment pursuant to section 251(b)(2)(A)(i) of the
2 Balanced Budget and Emergency Deficit Con-
3 trol Act of 1985.
4 (3) DISADVANTAGED BUSINESS ENTER-
5 PRISES.—Section 1101(b) of the FAST Act (Public
6 Law 114–94) shall apply to additional amounts
7 made available under this subsection.
8 (b) SPECIAL RULES FOR FISCAL YEAR 2021.—
9 (1) USE OF FUNDS.—Notwithstanding
10 5307(a)(1) of title 49, United States Code, amounts
11 made available under subsection (a)(1)(A) may be
12 obligated for—
13 (A) operating expenses, including, begin-
14 ning on January 20, 2020—
15 (i) reimbursement for operating costs
16 to maintain service and offset lost revenue,
17 including the purchase of personal protec-
18 tive equipment; and
19 (ii) paying the administrative leave of
20 operations personnel due to reductions in
21 service; and
22 (B) any other activity eligible under sec-
23 tion 5307, 5310, 5311, or 5337 of title 49,
24 United States Code.
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1 (2) CONDITIONS.—Recipients use of funds
2 under paragraph (1) shall—
3 (A) not require that operating expenses de-
4 scribed in paragraph (1)(A) be included in a
5 metropolitan transportation plan, long-range
6 statewide transportation plan, a transportation
7 improvement program, or a statewide transpor-
8 tation improvement program;
9 (B) meet the requirements of section 5333
10 of title 49, United States Code; and
11 (C) to the maximum extent possible, be di-
12 rected to payroll and public transit service, un-
13 less the recipient certifies to the Secretary that
14 such recipient has not furloughed any employ-
15 ees.
16 (3) OVERSIGHT.—
17 (A) Of the amounts made available to
18 carry out this section, the percentages available
19 for oversight in section 5338(f)(1) of title 49,
20 United States Code, shall apply to the alloca-
21 tions of funds in subsection (a)(1)(C).
22 (B) USE OF FUNDS.—Amounts made
23 available under subsection (a)(1)(A) shall be
24 available for administrative expenses and pro-
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1 under sections 5334 and 5338(f)(2) of title 49,
2 United States Code.
3 (4) ADMINISTRATION OF GRANTS.—Amounts
4 made available under subsection (a)(1)(A) shall be
5 administered, at the option of the recipient, as
6 grants provided under the CARES Act (Public Law
7 116–136) are administered.
8 (c) CIG COVID–19 EMERGENCY RELIEF PRO-
9 GRAM.—
10 (1) IN GENERAL.—From amounts made avail-
11 able under subsection (a)(2)(B) and notwithstanding
12 section 5309(k)(2)(C)(ii) or section 5309(l)(1)(B)(ii)
13 of title 49, United States Code, at the request of a
14 project sponsor, the Secretary shall use such sums
15 as may be necessary to provide an additional 30 per-
16 cent of total project costs for any project under—
17 (A) 5309(d) of title 49, United States
18 Code, that has been approved for advancement
19 into the engineering phase;
20 (B) 5309(e) of title 49, United States
21 Code, that has entered into the project develop-
22 ment phase or approved for advancement into
23 the engineering phase; and
24 (C) subsection (d) or (e) of section 5309 of
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1 funding grant agreement entered into under ei-
2 ther such subsection after January 1, 2017.
3 (2) PROJECT ELIGIBILITY.—From amounts
4 made available under subsection (a)(2)(B), the Sec-
5 retary shall use such sums as may be necessary for
6 projects under section 5309 of title 49, United
7 States Code, that—
8 (A) are not eligible for funds made avail-
9 able under paragraph (1); and
10 (B) have remaining scheduled Federal
11 funds to be appropriated under a full funding
12 grant agreement under such section.
13 (3) DEFERRED LOCAL SHARE.—The Secretary
14 shall allow a project sponsor to defer payment of the
15 local share for any project described in paragraphs
16 (1) and (2).
17 (4) TOTAL PROJECT COST.—In this subsection,
18 the term ‘‘total project cost’’ means the most recent
19 total project cost stipulated in—
20 (A) the full funding grant agreement;
21 (B) the approval into project engineering;
22 or
23 (C) the project rating for a project not yet
24 approved into project engineering.
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1 (1) IN GENERAL.—Notwithstanding chapter 53
2 of title 49, United States Code, or any other provi-
3 sion of this division, the Federal share associated
4 with funds described in paragraph (2) that are obli-
5 gated during fiscal year 2021 may be up to 100 per-
6 cent.
7 (2) FUNDS DESCRIBED.—The funds described
8 in this paragraph are funds made available for the
9 implementation of transit programs authorized by
10 chapter 53 of title 49, United States Code, the
11 FAST Act (Public Law 114–94), or this division, ex-
12 cluding funds made available to projects under sec-
13 tion 5309 of title 49, United States Code.
14 (e) CONDITION FOR APPORTIONMENT.—No funds
15 authorized in this division or any other Act may be used
16 to adjust Mass Transit Account apportionments or with-
17 hold funds from Mass Transit Account apportionments
18 pursuant to section 9503(e)(4) of the Internal Revenue
19 Code of 1986 in fiscal year 2021.
20 SEC. 104. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINIS-
21 TRATION.
22 (a) SPECIAL FUNDING FOR FISCAL YEAR 2021.—
23 (1) IN GENERAL.—
24 (A) AUTHORIZATION OF APPROPRIA-
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1 under section 101, there is authorized to be ap-
2 propriated from the Highway Account for fiscal
3 year 2021, for activities under this subsection,
4 $244,514,000.
5 (B) CONTRACT AUTHORITY.—Amounts au-
6 thorized under subparagraph (A) shall be avail-
7 able for obligation in the same manner as if
8 such funds were apportioned under chapter 1 of
9 title 23, United States Code.
10 (2) DISTRIBUTION OF FUNDS.—Amounts au-
11 thorized to be appropriated for fiscal year 2021
12 under paragraph (1) shall be distributed as follows:
13 (A) $105,000,000 for carrying out section
14 402 of title 23, United States Code.
15 (B) $15,312,000 for carrying out section
16 403 of title 23, United States Code.
17 (C) $19,202,000 for carrying out section
18 404 of title 23, United States Code.
19 (D) $105,000,000 for carrying out section
20 405 of title 23, United States Code.
21 (b) SPECIAL RULES FOR FISCAL YEAR 2021.—
22 (1) FEDERAL SHARE.—Notwithstanding sec-
23 tions 120, 405(b)(2), 405(c)(2), 405(d)(2) and
24 405(h)(2) of title 23, United States Code, the Fed-
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1 out under chapter 4 of title 23, United States Code
2 and section 1906 of SAFETEA–LU (23 U.S.C. 402
3 note) shall be 100 percent.
4 (2) PERIOD OF AVAILABILITY.—Notwith-
5 standing section 118(b) of title 23, United States
6 Code, funds apportioned or allocated to a State in
7 fiscal years 2017 and 2018 under sections 402 and
8 405 of title 23, United States Code, and section
9 1906 of SAFETEA–LU (23 U.S.C. 402 note), shall
10 remain available for obligation in that State for a
11 period of 4 years after the last day of the fiscal year
12 for which the funds are authorized.
13 (3) MAINTENANCE OF EFFORT.—Notwith-
14 standing section 405(a)(9) of title 23, United States
15 Code, the Secretary may waive the maintenance of
16 effort requirements under such section for fiscal
17 year 2021 for a State, if the Secretary determines
18 appropriate. Notwithstanding any other provision of
19 law, this paragraph shall apply as if such paragraph
20 was enacted on September 30, 2020.
21 (4) IN-VEHICLE ALCOHOL DETECTION DEVICE
22 RESEARCH.—In carrying out subsection (h) of sec-
23 tion 403 of title 23, United States Code, the Sec-
24 retary may obligate from funds made available to
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1 than $5,312,000 to conduct the research described
2 in paragraph (1) of such subsection.
3 (5) COOPERATIVE RESEARCH AND EVALUA-
4 TION.—Notwithstanding the apportionment formula
5 set forth in section 402(c)(2) of title 23, United
6 States Code, and section 403(f)(1) of title 23,
7 United States Code, $2,500,000 of the total amount
8 available for apportionment to the States for high-
9 way safety programs under section 402(c)(2) of title
10 23, United States Code, for each of fiscal years
11 2016 through 2021, shall be available for expendi-
12 ture by the Secretary, acting through the Adminis-
13 trator of the National Highway Traffic Safety Ad-
14 ministration, for a cooperative research and evalua-
15 tion program to research and evaluate priority high-
16 way safety countermeasures. This paragraph shall
17 apply as if such paragraph was enacted on October
18 1, 2015.
19 SEC. 105. FEDERAL MOTOR CARRIER SAFETY ADMINISTRA-
20 TION.
21 (a) SPECIAL FUNDING FOR FISCAL YEAR 2021.—
22 (1) AUTHORIZATION OF APPROPRIATIONS.—In
23 addition to amounts authorized under section 101,
24 there is authorized to be appropriated from the
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1 Highway Account for fiscal year 2021, for activities
2 under this subsection, $209,900,000.
3 (2) DISTRIBUTION OF FUNDS.—Amounts au-
4 thorized to be appropriated for fiscal year 2021
5 under paragraph (1) shall be distributed as follows:
6 (A) Subject to section 31104(c) of title 49,
7 United States Code—
8 (i) $80,512,000 for carrying out sec-
9 tion 31102 (except subsection (l)) of title
10 49, United States Code);
11 (ii) $14,208,000 for carrying out sec-
12 tion 31102(l) of title 49, United States
13 Code; and
14 (iii) $23,680,000 for carrying out sec-
15 tion 31313 of title 49, United States Code.
16 (B) $91,500,000 for carrying out section
17 31110 of title 49, United States Code.
18 (3) TREATMENT OF FUNDS.—Except as pro-
19 vided in subsection (b), amounts made available
20 under this section shall be made available for obliga-
21 tion and administered as if made available under
22 chapter 311 of title 49, United States Code.
23 (b) SPECIAL RULES FOR FISCAL YEAR 2021.—
24 (1) FINANCIAL ASSISTANCE AGREEMENTS FED-
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1 49, United States Code, or any regulations adopted
2 pursuant to such chapter, for the duration of fiscal
3 year 2021 with respect to all financial assistance
4 made available under subsection (a) and section 101,
5 the Secretary of Transportation may—
6 (A) reimburse recipients under section
7 31104(b)(2) of title 49, United States Code, in
8 an amount that is 100 percent of the costs de-
9 scribed in such section; and
10 (B) waive the maintenance of effort re-
11 quirement under 31102(f) of title 49, United
12 States Code, for all States without requiring
13 States to request a waiver.
14 (2) FINANCIAL ASSISTANCE AGREEMENTS PE-
15 RIOD OF AVAILABILITY.—Notwithstanding section
16 31104(f) of title 49, United States Code, the Sec-
17 retary shall extend the periods of availability de-
18 scribed in such section by 1 year.
19 (3) ADMINISTRATIVE EXPENSES.—The Admin-
20 istrator of the Federal Motor Carrier Safety Admin-
21 istration shall ensure that funds made available
22 under subsection (a)(2)(B) are used, to the max-
23 imum extent practicable, to support—
24 (A) the acceleration of planned investments
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1 technology and information management sys-
2 tems;
3 (B) the completion of outstanding statu-
4 tory mandates required by MAP–21 (112–141)
5 and the FAST Act (114–94); and
6 (C) a Large Truck Crash Causal Factors
7 Study of the Administration.
8 SEC. 106. DEFINITIONS.
9 In this division, the following definitions apply:
10 (1) HIGHWAY ACCOUNT.—The term ‘‘Highway
11 Account’’ means the portion of the Highway Trust
12 Fund that is not the Mass Transit Account.
13 (2) MASS TRANSIT ACCOUNT.—The term ‘‘Mass
14 Transit Account’’ means the portion of the Highway
15 Trust Fund established under section 9503(e)(1) of
16 the Internal Revenue Code of 1986.
17 (3) SECRETARY.—The term ‘‘Secretary’’ means
18 the Secretary of Transportation.
19 DIVISION B—SURFACE
20 TRANSPORTATION
21 SEC. 1001. APPLICABILITY OF DIVISION.
22 (a) APPLICABILITY.—This division, including the
23 amendments made by this division, applies beginning on
24 October 1, 2021.
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1 (b) REFERENCE TO DATE OF ENACTMENT.—In this
2 division and the amendments made by this division, any
3 reference to—
4 (1) the date of enactment of this Act;
5 (2) the date of enactment of a provision of this
6 division;
7 (3) the date of enactment of a provision added
8 to law by an amendment made by this division; or
9 (4) the date of enactment of the INVEST in
10 America Act added to law by an amendment made
11 by this division,
12 shall be treated as a reference to October 1, 2021.
13 TITLE I—FEDERAL-AID
14 HIGHWAYS
15 Subtitle A—Authorizations and
16 Program Conditions
17 SEC. 1101. AUTHORIZATION OF APPROPRIATIONS.
18 (a) IN GENERAL.—The following amounts are au-
19 thorized to be appropriated out of the Highway Trust
20 Fund (other than the Mass Transit Account):
21 (1) FEDERAL-AID HIGHWAY PROGRAM.—For
22 the national highway performance program under
23 section 119 of title 23, United States Code, the pre-
24 disaster mitigation program under section 124 of
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1 tion 130 of such title, the surface transportation
2 program under section 133 of such title, the high-
3 way safety improvement program under section 148
4 of such title, the congestion mitigation and air qual-
5 ity improvement program under section 149 of such
6 title, the national highway freight program under
7 section 167 of such title, the carbon pollution reduc-
8 tion program under section 171 of such title, and
9 metropolitan planning under section 134 of such
10 title—
11 (A) $55,022,048,429 for fiscal year 2022;
12 (B) $55,980,646,776 for fiscal year 2023;
13 (C) $57,095,359,712 for fiscal year 2024;
14 and
15 (D) $58,118,666,186 for fiscal year 2025.
16 (2) TRANSPORTATION INFRASTRUCTURE FI-
17 NANCE AND INNOVATION PROGRAM.—For credit as-
18 sistance under the transportation infrastructure fi-
19 nance and innovation program under chapter 6 of
20 title 23, United States Code, $300,000,000 for each
21 of fiscal years 2022 through 2025.
22 (3) CONSTRUCTION OF FERRY BOATS AND
23 FERRY TERMINAL FACILITIES.—For construction of
24 ferry boats and ferry terminal facilities under sec-
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25 tion 147 of title 23, United States Code,
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1 $120,000,000 for each of fiscal years 2022 through
2 2025.
3 (4) FEDERAL LANDS AND TRIBAL TRANSPOR-
4 TATION PROGRAMS.—
5 (A) TRIBAL TRANSPORTATION PRO-
6 GRAM.—For the tribal transportation program
7 under section 202 of title 23, United States
8 Code, $800,000,000 for each of fiscal years
9 2022 through 2025.
10 (B) FEDERAL LANDS TRANSPORTATION
11 PROGRAM.—
12 (i) IN GENERAL.—For the Federal
13 lands transportation program under sec-
14 tion 203 of title 23, United States Code,
15 $550,000,000 for each of fiscal years 2022
16 through 2025.
17 (ii) ALLOCATION.—Of the amount
18 made available for a fiscal year under
19 clause (i)—
20 (I) the amount for the National
21 Park Service is $400,000,000 for each
22 of fiscal years 2022 through 2025.
23 (II) the amount for the United
24 States Fish and Wildlife Service is
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1 $50,000,000 for each of fiscal years
2 2022 through 2025; and
3 (III) the amount for the United
4 States Forest Service is $50,000,000
5 for each of fiscal years 2022 through
6 2025.
7 (C) FEDERAL LANDS ACCESS PROGRAM.—
8 For the Federal lands access program under
9 section 204 of title 23, United States Code,
10 $345,000,000 for each of fiscal years 2022
11 through 2025.
12 (D) FEDERAL LANDS AND TRIBAL MAJOR
13 PROJECTS GRANTS.—To carry out section 208
14 of title 23, United States Code, $400,000,000
15 for each of fiscal years 2022 through 2025.
16 (5) TERRITORIAL AND PUERTO RICO HIGHWAY
17 PROGRAM.—For the territorial and Puerto Rico
18 highway program under section 165 of title 23,
19 United States Code, $310,000,000 for each of fiscal
20 years 2022 through 2025.
21 (6) PROJECTS OF NATIONAL AND REGIONAL
22 SIGNIFICANCE.—For projects of national and re-
23 gional significance under section 117 of title 23,
24 United States Code—
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1 (B) $2,200,000,000 for fiscal year 2023;
2 (C) $2,300,000,000 for fiscal year 2024;
3 and
4 (D) $2,350,000,000 for fiscal year 2025.
5 (7) COMMUNITY TRANSPORTATION INVESTMENT
6 GRANTS.—To carry out section 173 of title 23,
7 United States Code, $600,000,000 for each of fiscal
8 years 2022 through 2025.
9 (8) ELECTRIC VEHICLE CHARGING AND HYDRO-
10 GEN FUELING INFRASTRUCTURE GRANTS.—To carry
11 out section 151(f) of title 23, United States Code,
12 $350,000,000 for each of fiscal years 2022 through
13 2025.
14 (9) COMMUNITY CLIMATE INNOVATION
15 GRANTS.—To carry out section 172 of title 23,
16 United States Code, $250,000,000 for each of fiscal
17 years 2022 through 2025.
18 (b) ADDITIONAL PROGRAMS.—
19 (1) IN GENERAL.—The following amounts are
20 authorized to be appropriated out of the Highway
21 Trust Fund (other than the Mass Transit Account):
22 (A) GRIDLOCK REDUCTION GRANT PRO-
23 GRAM.—To carry out section 1306 of this Act,
24 $250,000,000 for fiscal year 2022.
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1 (B) REBUILD RURAL GRANT PROGRAM.—
2 To carry out section 1307 of this Act,
3 $250,000,000 for fiscal year 2022.
4 (C) PARKING FOR COMMERCIAL MOTOR
5 VEHICLES.—To carry out section 1308 of this
6 Act, $250,000,000 for fiscal year 2023.
7 (D) ACTIVE TRANSPORTATION
8 CONNECTIVITY GRANT PROGRAM.—To carry out
9 section 1309 of this Act, $250,000,000 for fis-
10 cal year 2024.
11 (E) METRO PERFORMANCE PROGRAM.—To
12 carry out section 1305 of this Act,
13 $250,000,000 for each of fiscal years 2023
14 through 2025.
15 (2) TREATMENT OF FUNDS.—Amounts made
16 available under subparagraphs (B) through (D) shall
17 be administered as if apportioned under chapter 1 of
18 title 23, United States Code.
19 (c) DISADVANTAGED BUSINESS ENTERPRISES.—
20 (1) FINDINGS.—Congress finds that—
21 (A) while significant progress has occurred
22 due to the establishment of the disadvantaged
23 business enterprise program, discrimination and
24 related barriers continue to pose significant ob-
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1 nesses seeking to do business in federally as-
2 sisted surface transportation markets across the
3 United States;
4 (B) the continuing barriers described in
5 subparagraph (A) merit the continuation of the
6 disadvantaged business enterprise program;
7 (C) Congress has received and reviewed
8 testimony and documentation of race and gen-
9 der discrimination from numerous sources, in-
10 cluding congressional hearings and roundtables,
11 scientific reports, reports issued by public and
12 private agencies, news stories, reports of dis-
13 crimination by organizations and individuals,
14 and discrimination lawsuits, which show that
15 race- and gender-neutral efforts alone are insuf-
16 ficient to address the problem;
17 (D) the testimony and documentation de-
18 scribed in subparagraph (C) demonstrate that
19 discrimination across the United States poses a
20 barrier to full and fair participation in surface
21 transportation-related businesses of women
22 business owners and minority business owners
23 and has impacted firm development and many
24 aspects of surface transportation-related busi-
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1 (E) the testimony and documentation de-
2 scribed in subparagraph (C) provide a strong
3 basis that there is a compelling need for the
4 continuation of the disadvantaged business en-
5 terprise program to address race and gender
6 discrimination in surface transportation-related
7 business.
8 (2) DEFINITIONS.—In this subsection, the fol-
9 lowing definitions apply:
10 (A) SMALL BUSINESS CONCERN.—
11 (i) IN GENERAL.—The term ‘‘small
12 business concern’’ means a small business
13 concern (as the term is used in section 3
14 of the Small Business Act (15 U.S.C.
15 632)).
16 (ii) EXCLUSIONS.—The term ‘‘small
17 business concern’’ does not include any
18 concern or group of concerns controlled by
19 the same socially and economically dis-
20 advantaged individual or individuals that
21 have average annual gross receipts during
22 the preceding 3 fiscal years in excess of
23 $26,290,000, as adjusted annually by the
24 Secretary of Transportation for inflation.
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1 (B) SOCIALLY AND ECONOMICALLY DIS-
2 ADVANTAGED INDIVIDUALS.—The term ‘‘so-
3 cially and economically disadvantaged individ-
4 uals’’ has the meaning given the term in section
5 8(d) of the Small Business Act (15 U.S.C.
6 637(d)) and relevant subcontracting regulations
7 issued pursuant to that Act, except that women
8 shall be presumed to be socially and economi-
9 cally disadvantaged individuals for purposes of
10 this subsection.
11 (3) AMOUNTS FOR SMALL BUSINESS CON-
12 CERNS.—Except to the extent that the Secretary of
13 Transportation determines otherwise, not less than
14 10 percent of the amounts made available for any
15 program under titles I, II, V, and VII of this divi-
16 sion and section 403 of title 23, United States Code,
17 shall be expended through small business concerns
18 owned and controlled by socially and economically
19 disadvantaged individuals.
20 (4) ANNUAL LISTING OF DISADVANTAGED BUSI-
21 NESS ENTERPRISES.—Each State shall annually—
22 (A) survey and compile a list of the small
23 business concerns referred to in paragraph (3)
24 in the State, including the location of the small
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1 (B) notify the Secretary, in writing, of the
2 percentage of the small business concerns that
3 are controlled by—
4 (i) women;
5 (ii) socially and economically dis-
6 advantaged individuals (other than
7 women); and
8 (iii) individuals who are women and
9 are otherwise socially and economically dis-
10 advantaged individuals.
11 (5) UNIFORM CERTIFICATION.—
12 (A) IN GENERAL.—The Secretary of
13 Transportation shall establish minimum uni-
14 form criteria for use by State governments in
15 certifying whether a concern qualifies as a small
16 business concern for the purpose of this sub-
17 section.
18 (B) INCLUSIONS.—The minimum uniform
19 criteria established under subparagraph (A)
20 shall include, with respect to a potential small
21 business concern—
22 (i) on-site visits;
23 (ii) personal interviews with personnel;
24 (iii) issuance or inspection of licenses;
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1 (v) listings of equipment;
2 (vi) analyses of bonding capacity;
3 (vii) listings of work completed;
4 (viii) examination of the resumes of
5 principal owners;
6 (ix) analyses of financial capacity; and
7 (x) analyses of the type of work pre-
8 ferred.
9 (6) REPORTING.—The Secretary of Transpor-
10 tation shall establish minimum requirements for use
11 by State governments in reporting to the Sec-
12 retary—
13 (A) information concerning disadvantaged
14 business enterprise awards, commitments, and
15 achievements; and
16 (B) such other information as the Sec-
17 retary determines to be appropriate for the
18 proper monitoring of the disadvantaged busi-
19 ness enterprise program.
20 (7) COMPLIANCE WITH COURT ORDERS.—Noth-
21 ing in this subsection limits the eligibility of an indi-
22 vidual or entity to receive funds made available
23 under titles I, II, V, and VII of this division and sec-
24 tion 403 of title 23, United States Code, if the enti-
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1 complying with paragraph (3) because a Federal
2 court issues a final order in which the court finds
3 that a requirement or the implementation of para-
4 graph (3) is unconstitutional.
5 (8) SENSE OF CONGRESS ON PROMPT PAYMENT
6 OF DBE SUBCONTRACTORS.—It is the sense of Con-
7 gress that—
8 (A) the Secretary of Transportation should
9 take additional steps to ensure that recipients
10 comply with section 26.29 of title 49, Code of
11 Federal Regulations (the disadvantaged busi-
12 ness enterprises prompt payment rule), or any
13 corresponding regulation, in awarding federally
14 funded transportation contracts under laws and
15 regulations administered by the Secretary; and
16 (B) such additional steps should include
17 increasing the Department of Transportation’s
18 ability to track and keep records of complaints
19 and to make that information publicly available.
20 SEC. 1102. OBLIGATION LIMITATION.
21 (a) GENERAL LIMITATION.—Subject to subsection
22 (e), and notwithstanding any other provision of law, the
23 obligations for Federal-aid highway and highway safety
24 construction programs shall not exceed—
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1 (2) $63,021,354,776 for fiscal year 2023;
2 (3) $64,246,443,712 for fiscal year 2024; and
3 (4) $65,080,125,186 for fiscal year 2025.
4 (b) EXCEPTIONS.—The limitations under subsection
5 (a) shall not apply to obligations under or for—
6 (1) section 125 of title 23, United States Code;
7 (2) section 147 of the Surface Transportation
8 Assistance Act of 1978 (23 U.S.C. 144 note; 92
9 Stat. 2714);
10 (3) section 9 of the Federal-Aid Highway Act
11 of 1981 (95 Stat. 1701);
12 (4) subsections (b) and (j) of section 131 of the
13 Surface Transportation Assistance Act of 1982 (96
14 Stat. 2119);
15 (5) subsections (b) and (c) of section 149 of the
16 Surface Transportation and Uniform Relocation As-
17 sistance Act of 1987 (101 Stat. 198);
18 (6) sections 1103 through 1108 of the Inter-
19 modal Surface Transportation Efficiency Act of
20 1991 (Public Law 102–240);
21 (7) section 157 of title 23, United States Code
22 (as in effect on June 8, 1998);
23 (8) section 105 of title 23, United States Code
24 (as in effect for fiscal years 1998 through 2004, but
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1 only in an amount equal to $639,000,000 for each
2 of those fiscal years);
3 (9) Federal-aid highway programs for which ob-
4 ligation authority was made available under the
5 Transportation Equity Act for the 21st Century
6 (112 Stat. 107) or subsequent Acts for multiple
7 years or to remain available until expended, but only
8 to the extent that the obligation authority has not
9 lapsed or been used;
10 (10) section 105 of title 23, United States Code
11 (as in effect for fiscal years 2005 through 2012, but
12 only in an amount equal to $639,000,000 for each
13 of those fiscal years);
14 (11) section 1603 of SAFETEA–LU (23
15 U.S.C. 118 note; 119 Stat. 1248), to the extent that
16 funds obligated in accordance with that section were
17 not subject to a limitation on obligations at the time
18 at which the funds were initially made available for
19 obligation;
20 (12) section 119 of title 23, United States Code
21 (as in effect for fiscal years 2013 through 2015, but
22 only in an amount equal to $639,000,000 for each
23 of those fiscal years);
24 (13) section 119 of title 23, United States Code
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1 amount equal to $639,000,000 for each of those fis-
2 cal years);
3 (14) section 203 of title 23, United States Code
4 (but, for fiscal years 2022 through 2025, only in an
5 amount equal to $550,000,000 for each of those fis-
6 cal years); and
7 (15) section 133(d)(1)(B) of title 23, United
8 States Code (but, for fiscal years 2022 through
9 2025, only in an amount equal to $89,000,000 for
10 each of those fiscal years).
11 (c) DISTRIBUTION OF OBLIGATION AUTHORITY.—
12 Subject to paragraph (1)(B), for each of fiscal years 2022
13 through 2025, the Secretary of Transportation—
14 (1)(A) shall not distribute obligation authority
15 provided by subsection (a) for the fiscal year for—
16 (i) amounts authorized for administrative
17 expenses and programs by section 104(a) of
18 title 23, United States Code;
19 (ii) amounts authorized for the Bureau of
20 Transportation Statistics;
21 (iii) amounts authorized for the tribal
22 transportation program by section under section
23 202 of title 23, United States Code; and
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1 (iv) amounts authorized for the territorial
2 and Puerto Rico highway program under sec-
3 tion 165(a) of title 23, United States Code; and
4 (B) for each of fiscal years 2023 through 2025,
5 in addition to the amounts described in subpara-
6 graph (A), shall not distribute obligation authority
7 provided by subsection (a) for the fiscal year for
8 amounts authorized for the metro performance pro-
9 gram under section 1305 of this Act;
10 (2) shall not distribute an amount of obligation
11 authority provided by subsection (a) that is equal to
12 the unobligated balance of amounts—
13 (A) made available from the Highway
14 Trust Fund (other than the Mass Transit Ac-
15 count) for Federal-aid highway and highway
16 safety construction programs for previous fiscal
17 years the funds for which are allocated by the
18 Secretary (or apportioned by the Secretary
19 under section 202 or 204 of title 23, United
20 States Code); and
21 (B) for which obligation authority was pro-
22 vided in a previous fiscal year;
23 (3) shall determine the proportion that—
24 (A) the obligation authority provided by
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1 gate of amounts not distributed under para-
2 graphs (1) and (2) of this subsection; bears to
3 (B) the total of—
4 (i) the sums authorized to be appro-
5 priated for the Federal-aid highway and
6 highway safety construction programs,
7 other than sums authorized to be appro-
8 priated for—
9 (I) provisions of law described in
10 paragraphs (1) through (13) of sub-
11 section (b);
12 (II) section 203 of title 23,
13 United States Code, equal to the
14 amount referred to in subsection
15 (b)(14) for the fiscal year; and
16 (III) section 133(d)(1)(B) of title
17 23, United States Code, equal to the
18 amount referred to in subsection
19 (b)(15) for the fiscal year; less
20 (ii) the aggregate of the amounts not
21 distributed under paragraphs (1) and (2)
22 of this subsection;
23 (4) shall distribute the obligation authority pro-
24 vided by subsection (a), less the aggregate amounts
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1 each of the programs (other than programs to which
2 paragraph (1) applies) that are allocated by the Sec-
3 retary under this Act and title 23, United States
4 Code, or apportioned by the Secretary under sections
5 202 or 204 of such title, by multiplying—
6 (A) the proportion determined under para-
7 graph (3); by
8 (B) the amounts authorized to be appro-
9 priated for each such program for the fiscal
10 year; and
11 (5) shall distribute the obligation authority pro-
12 vided by subsection (a), less the aggregate amounts
13 not distributed under paragraphs (1) and (2) and
14 the amounts distributed under paragraph (4), for
15 Federal-aid highway and highway safety construc-
16 tion programs that are apportioned by the Secretary
17 under title 23, United States Code (other than the
18 amounts apportioned for the surface transportation
19 program in section 133(d)(1)(B) of title 23, United
20 States Code, that are exempt from the limitation
21 under subsection (b)(15) and the amounts appor-
22 tioned under sections 202 and 204 of such title) in
23 the proportion that—
24 (A) amounts authorized to be appropriated
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1 title 23, United States Code, to each State for
2 the fiscal year; bears to
3 (B) the total of the amounts authorized to
4 be appropriated for the programs that are ap-
5 portioned under title 23, United States Code, to
6 all States for the fiscal year.
7 (d) REDISTRIBUTION OF UNUSED OBLIGATION AU-
8 THORITY.—Notwithstanding subsection (c), the Secretary
9 of Transportation shall, after August 1 of each of fiscal
10 years 2022 through 2025—
11 (1) revise a distribution of the obligation au-
12 thority made available under subsection (c) if an
13 amount distributed cannot be obligated during that
14 fiscal year; and
15 (2) redistribute sufficient amounts to those
16 States able to obligate amounts in addition to those
17 previously distributed during that fiscal year, giving
18 priority to those States having large unobligated bal-
19 ances of funds apportioned under section 104 of title
20 23, United States Code.
21 (e) SPECIAL LIMITATION.—
22 (1) IN GENERAL.—Except as provided in para-
23 graph (2), obligation limitations imposed by sub-
24 section (a) shall apply to contract authority for—
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1 (A) transportation research programs car-
2 ried out under chapter 5 of title 23, United
3 States Code, and title V of this Act; and
4 (B) the metro performance program under
5 section 1305 of this Act.
6 (2) EXCEPTION.—Obligation authority made
7 available under paragraph (1) shall—
8 (A) remain available for a period of 4 fis-
9 cal years; and
10 (B) be in addition to the amount of any
11 limitation imposed on obligations for Federal-
12 aid highway and highway safety construction
13 programs for future fiscal years.
14 (f) LOP-OFF.—
15 (1) IN GENERAL.—Not later than 30 days after
16 the date of distribution of obligation authority under
17 subsection (c) for each of fiscal years 2022 through
18 2025, the Secretary of Transportation shall dis-
19 tribute to the States any funds that—
20 (A) are authorized to be appropriated for
21 the fiscal year for Federal-aid highway pro-
22 grams; and
23 (B) the Secretary determines will not be
24 allocated to the States (or will not be appor-
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1 23, United States Code), and will not be avail-
2 able for obligation, for the fiscal year because
3 of the imposition of any obligation limitation for
4 the fiscal year.
5 (2) RATIO.—Funds shall be distributed under
6 paragraph (1) in the same proportion as the dis-
7 tribution of obligation authority under subsection
8 (c)(5).
9 (3) AVAILABILITY.—Funds distributed to each
10 State under paragraph (1) shall be available for any
11 purpose described in section 133(b) of title 23,
12 United States Code.
13 SEC. 1103. DEFINITIONS AND DECLARATION OF POLICY.
14 Section 101 of title 23, United States Code, is
15 amended—
16 (1) in subsection (a)—
17 (A) by redesignating paragraphs (1), (2),
18 (3), (4), (5), (6), (7), (8), (9), (10), (11), (12),
19 (13), (14), (15), (16), (17), (18), (19), (20),
20 (21), (22), (23), (24), (25), (26), (27), (28),
21 (29), (30), (31), (32), (33), and (34) as para-
22 graphs (2), (3), (4), (6), (8), (10), (11), (12),
23 (13), (14), (16), (17), (18), (19), (20), (21),
24 (23), (24), (25), (26), (28), (29), (32), (33),
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1 (34), (35), (36), (37), (38), (40), (41), (42),
2 (43), and (44), respectively;
3 (B) by inserting before paragraph (2), as
4 so redesignated, the following:
5 ‘‘(1) ADAPTATION.—The term ‘adaptation’
6 means an adjustment in natural or human systems
7 in anticipation of, or in response to, a changing envi-
8 ronment in a way that moderates negative effects of
9 extreme events or climate change.’’;
10 (C) by inserting after paragraph (4), as so
11 redesignated, the following:
12 ‘‘(5) CLIMATE CHANGE.—The term ‘climate
13 change’ means any significant change in the meas-
14 ures of climate lasting for an extended period of
15 time, and may include major changes in tempera-
16 ture, precipitation, wind patterns, or sea level,
17 among others, that occur over several decades or
18 longer.’’;
19 (D) paragraph (6)(A), as so redesignated,
20 by inserting ‘‘assessing resilience,’’ after ‘‘sur-
21 veying,’’;
22 (E) by inserting after paragraph (6), as so
23 redesignated, the following:
24 ‘‘(7) CONTEXT SENSITIVE DESIGN PRIN-
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1 means a principle for the design of a public road
2 that—
3 ‘‘(A) provides for the safe and adequate
4 accommodation, in all phases of project plan-
5 ning, design, and development, of users of the
6 transportation facility, including pedestrians,
7 bicyclists, public transportation users, children,
8 older individuals, individuals with disabilities,
9 motorists, and freight vehicles; and
10 ‘‘(B) considers the context in which the fa-
11 cility is planned to be constructed to determine
12 the appropriate facility design.’’;
13 (F) by inserting after paragraph (8), as so
14 redesignated, the following:
15 ‘‘(9) EVACUATION ROUTE.—The term ‘evacu-
16 ation route’ means a transportation route or system
17 that—
18 ‘‘(A) is used to transport—
19 ‘‘(i) the public away from an emer-
20 gency event; or
21 ‘‘(ii) first responders and recovery re-
22 sources in the event of an emergency; and
23 ‘‘(B) is identified, consistent with sections
24 134(i)(2)(I)(iii) and 135(f)(10)(C)(iii), by the
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1 which the route is located for the purposes de-
2 scribed in subparagraph (A).’’;
3 (G) by inserting after paragraph (14), as
4 so redesignated, the following:
5 ‘‘(15) GREENHOUSE GAS.—The term ‘green-
6 house gas’ has the meaning given the term in section
7 211(o)(1)(G) of the Clean Air Act (42 U.S.C. 21
8 7545(o)(1)(G)).’’;
9 (H) by inserting after paragraph (21), as
10 so redesignated, the following:
11 ‘‘(22) NATURAL INFRASTRUCTURE.—
12 ‘‘(A) IN GENERAL.—The term ‘natural in-
13 frastructure’ means infrastructure that uses, re-
14 stores, or emulates natural ecological processes
15 that—
16 ‘‘(i) is created through the action of
17 natural physical, geological, biological, and
18 chemical processes over time;
19 ‘‘(ii) is created by human design, en-
20 gineering, and construction to emulate or
21 act in concert with natural processes; or
22 ‘‘(iii) involves the use of plants, soils,
23 and other natural features, including
24 through the creation, restoration, or pres-
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1 appropriate to the region to manage
2 stormwater and runoff, to attenuate flood-
3 ing and storm surges, and for other related
4 purposes.
5 ‘‘(B) INCLUSION.—The term ‘natural in-
6 frastructure’ includes green infrastructure and
7 nature-based solutions.’’;
8 (I) by inserting after paragraph (26), as so
9 redesignated, the following:
10 ‘‘(27) PROTECTIVE FEATURE.—
11 ‘‘(A) IN GENERAL.—The term ‘protective
12 feature’ means an improvement to a highway or
13 bridge designed to increase resilience or miti-
14 gate the risk of recurring damage or the cost of
15 future repairs from climate change effects, ex-
16 treme events, seismic activity, or any other nat-
17 ural disaster.
18 ‘‘(B) INCLUSIONS.—The term ‘protective
19 feature’ includes—
20 ‘‘(i) raising roadway grades;
21 ‘‘(ii) relocating roadways to higher
22 ground above projected flood elevation lev-
23 els or away from slide prone areas;
24 ‘‘(iii) stabilizing slide areas;
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1 ‘‘(v) lengthening or raising bridges to
2 increase waterway openings;
3 ‘‘(vi) increasing the size or number of
4 drainage structures;
5 ‘‘(vii) replacing culverts with bridges
6 or upsizing culverts;
7 ‘‘(viii) installing seismic retrofits on
8 bridges;
9 ‘‘(iv) adding scour protection at
10 bridges;
11 ‘‘(x) scour, stream stability, coastal,
12 and other hydraulic countermeasures; and
13 ‘‘(xi) the use of natural infrastruc-
14 ture.’’;
15 (J) by inserting after paragraph (29), as
16 so redesignated, the following:
17 ‘‘(30) REPEATEDLY DAMAGED FACILITY.—The
18 term ‘repeatedly damaged facility’ means a road,
19 highway, or bridge that has required repair and re-
20 construction activities on 2 or more occasions due to
21 natural disasters or catastrophic failures resulting in
22 emergencies declared by the Governor of the State
23 in which the road, highway, or bridge is located or
24 emergencies or major disasters declared by the
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1 lief and Emergency Assistance Act (42 U.S.C. 5121
2 et seq.).
3 ‘‘(31) RESILIENCE.—
4 ‘‘(A) IN GENERAL.—The term ‘resilience’
5 means, with respect to a facility, the ability
6 to—
7 ‘‘(i) anticipate, prepare for, or adapt
8 to conditions; or
9 ‘‘(ii) withstand, respond to, or recover
10 rapidly from disruptions.
11 ‘‘(B) INCLUSIONS.—Such term includes,
12 with respect to a facility, the ability to—
13 ‘‘(i) resist hazards or withstand im-
14 pacts from disruptions;
15 ‘‘(ii) reduce the magnitude, duration,
16 or impact of a disruption; or
17 ‘‘(iii) have the absorptive capacity,
18 adaptive capacity, and recoverability to de-
19 crease vulnerability to a disruption.’’; and
20 (K) by inserting after paragraph (38), as
21 so redesignated, the following:
22 ‘‘(39) TRANSPORTATION SYSTEM ACCESS.—The
23 term ‘transportation system access’ means the abil-
24 ity to travel by automobile, public transportation,
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1 pedestrian, and bicycle networks, measured by travel
2 time, taking into consideration—
3 ‘‘(A) the impacts of the level of travel
4 stress for active travel; and
5 ‘‘(B) costs for low-income travelers.’’; and
6 (2) in subsection (b)—
7 (A) in paragraph (1) by striking ‘‘De-
8 fense,’’ and inserting ‘‘Defense Highways,’’;
9 (B) in paragraph (3)—
10 (i) in subparagraph (A) by striking
11 ‘‘Century’’ and inserting ‘‘century’’;
12 (ii) in subparagraph (G) by striking ‘‘;
13 and’’ and inserting a semicolon;
14 (iii) in subparagraph (H) by striking
15 ‘‘Century.’’ and inserting ‘‘century;’’; and
16 (iv) by adding at the end the fol-
17 lowing:
18 ‘‘(I) safety is the highest priority of the
19 Department of Transportation, and the Sec-
20 retary and States should take all actions nec-
21 essary to meet the transportation needs of the
22 21st century for all road users;
23 ‘‘(J) climate change presents a significant
24 risk to safety, the economy, and national secu-
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1 transportation system to the Nation’s total car-
2 bon pollution is critical; and
3 ‘‘(K) the Secretary and States should take
4 appropriate measures and ensure investments
5 to increase the resilience of the Nation’s trans-
6 portation system.’’; and
7 (C) in paragraph (4)(A) by inserting
8 ‘‘while ensuring that environmental protections
9 are maintained’’ after ‘‘review process’’.
10 SEC. 1104. APPORTIONMENT.
11 (a) IN GENERAL.—Section 104 of title 23, United
12 States Code, is amended—
13 (1) in subsection (a)(1) by striking subpara-
14 graphs (A) through (E) and inserting the following;
15 ‘‘(A) $ 506,302,525 for fiscal year 2022;
16 ‘‘(B) $ 509,708,000 for fiscal year 2023;
17 ‘‘(C) $ 520,084,000 for fiscal year 2024;
18 and
19 ‘‘(D) $ 530,459,000 for fiscal year 2025.’’;
20 (2) by striking subsections (b) and (c) and in-
21 serting the following:
22 ‘‘(b) DIVISION AMONG PROGRAMS OF STATE’S
23 SHARE OF APPORTIONMENT.—The Secretary shall dis-
24 tribute the amount apportioned to a State for a fiscal year
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1 under subsection (c) among the covered programs as fol-
2 lows:
3 ‘‘(1) NATIONAL HIGHWAY PERFORMANCE PRO-
4 GRAM.—For the national highway performance pro-
5 gram, 55.09 percent of the amount remaining after
6 distributing amounts under paragraphs (4), (6), and
7 (7).
8 ‘‘(2) SURFACE TRANSPORTATION PROGRAM.—
9 For the surface transportation program, 28.43 per-
10 cent of the amount remaining after distributing
11 amounts under paragraphs (4), (6), and (7).
12 ‘‘(3) HIGHWAY SAFETY IMPROVEMENT PRO-
13 GRAM.—For the highway safety improvement pro-
14 gram, 6.19 percent of the amount remaining after
15 distributing amounts under paragraphs (4), (6), and
16 (7).
17 ‘‘(4) CONGESTION MITIGATION AND AIR QUAL-
18 ITY IMPROVEMENT PROGRAM.—
19 ‘‘(A) IN GENERAL.—For the congestion
20 mitigation and air quality improvement pro-
21 gram, an amount determined for the State
22 under subparagraphs (B) and (C).
23 ‘‘(B) TOTAL AMOUNT.—The total amount
24 for the congestion mitigation and air quality
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1 ‘‘(i) $2,913,925,833 for fiscal year
2 2022;
3 ‘‘(ii) $2,964,919,535 for fiscal year
4 2023;
5 ‘‘(iii) $3,024,217,926 for fiscal year
6 2024; and
7 ‘‘(iv) $3,078,653,849 for fiscal year
8 2025.
9 ‘‘(C) STATE SHARE.—For each fiscal year,
10 the Secretary shall distribute among the States
11 the amount for the congestion mitigation and
12 air quality improvement program under sub-
13 paragraph (B) so that each State receives an
14 amount equal to the proportion that—
15 ‘‘(i) the amount apportioned to the
16 State for the congestion mitigation and air
17 quality improvement program for fiscal
18 year 2020; bears to
19 ‘‘(ii) the total amount of funds appor-
20 tioned to all States for such program for
21 fiscal year 2020.
22 ‘‘(5) NATIONAL HIGHWAY FREIGHT PRO-
23 GRAM.—For the national highway freight program,
24 3.38 percent of the amount remaining after distrib-
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1 ‘‘(6) METROPOLITAN PLANNING.—
2 ‘‘(A) IN GENERAL.—For metropolitan
3 planning, an amount determined for the State
4 under subparagraphs (B) and (C).
5 ‘‘(B) TOTAL AMOUNT.—The total amount
6 for metropolitan planning for all States shall
7 be—
8 ‘‘(i) $507,500,000 for fiscal year
9 2022;
10 ‘‘(ii) $516,381,250 for fiscal year
11 2023;
12 ‘‘(iii) $526,708,875 for fiscal year
13 2024; and
14 ‘‘(iv) $536,189,635 for fiscal year
15 2025.
16 ‘‘(C) STATE SHARE.—For each fiscal year,
17 the Secretary shall distribute among the States
18 the amount for metropolitan planning under
19 subparagraph (B) so that each State receives
20 an amount equal to the proportion that—
21 ‘‘(i) the amount apportioned to the
22 State for metropolitan planning for fiscal
23 year 2020; bears to
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1 ‘‘(ii) the total amount of funds appor-
2 tioned to all States for metropolitan plan-
3 ning for fiscal year 2020.
4 ‘‘(7) RAILWAY CROSSINGS.—
5 ‘‘(A) IN GENERAL.—For the railway cross-
6 ings program, an amount determined for the
7 State under subparagraphs (B) and (C).
8 ‘‘(B) TOTAL AMOUNT.—The total amount
9 for the railway crossings program for all States
10 shall be $245,000,000 for each of fiscal years
11 2022 through 2025.
12 ‘‘(C) STATE SHARE.—
13 ‘‘(i) IN GENERAL.—For each fiscal
14 year, the Secretary shall distribute among
15 the States the amount for the railway
16 crossings program under subparagraph (B)
17 as follows:
18 ‘‘(I) 50 percent of the amount for
19 a fiscal year shall be apportioned to
20 States by the formula set forth in sec-
21 tion 104(b)(3)(A) (as in effect on the
22 day before the date of enactment of
23 MAP–21).
24 ‘‘(II) 50 percent of the amount
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1 to States in the ratio that total public
2 railway-highway crossings in each
3 State bears to the total of such cross-
4 ings in all States.
5 ‘‘(ii) MINIMUM APPORTIONMENT.—
6 Notwithstanding clause (i), for each fiscal
7 year, each State shall receive a minimum
8 of one-half of 1 percent of the total
9 amount for the railway crossings program
10 for such fiscal year under subparagraph
11 (B).
12 ‘‘(8) PRE-DISASTER MITIGATION PROGRAM.—
13 For the pre-disaster mitigation program, 2.96 per-
14 cent of the amount remaining after distributing
15 amounts under paragraphs (4), (6), and (7).
16 ‘‘(9) CARBON POLLUTION REDUCTION PRO-
17 GRAM.—For the carbon pollution reduction program,
18 3.95 percent of the amount remaining after distrib-
19 uting amounts under paragraphs (4), (6), and (7).
20 ‘‘(c) CALCULATION OF AMOUNTS.—
21 ‘‘(1) STATE SHARE.—For each of fiscal years
22 2022 through 2025, the amount for each State shall
23 be determined as follows:
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1 ‘‘(A) INITIAL AMOUNTS.—The initial
2 amounts for each State shall be determined by
3 multiplying—
4 ‘‘(i) the combined amount authorized
5 for appropriation for the fiscal year for the
6 covered programs; by
7 ‘‘(ii) the share for each State, which
8 shall be equal to the proportion that—
9 ‘‘(I) the amount of apportion-
10 ments that the State received for fis-
11 cal year 2020; bears to
12 ‘‘(II) the amount of those appor-
13 tionments received by all States for
14 fiscal year 2020.
15 ‘‘(B) ADJUSTMENTS TO AMOUNTS.—The
16 initial amounts resulting from the calculation
17 under subparagraph (A) shall be adjusted to
18 ensure that each State receives an aggregate
19 apportionment equal to at least 95 percent of
20 the estimated tax payments attributable to
21 highway users in the State paid into the High-
22 way Trust Fund (other than the Mass Transit
23 Account) in the most recent fiscal year for
24 which data are available.
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1 ‘‘(2) STATE APPORTIONMENT.—On October 1
2 of fiscal years 2022 through 2025, the Secretary
3 shall apportion the sums authorized to be appro-
4 priated for expenditure on the covered programs in
5 accordance with paragraph (1).’’;
6 (3) in subsection (d)(1)(A)—
7 (A) in clause (i) by striking ‘‘paragraphs
8 (5)(D) and (6) of subsection (b)’’ and inserting
9 ‘‘subsection (b)(6)’’; and
10 (B) in clause (ii) by striking ‘‘paragraphs
11 (5)(D) and (6) of subsection (b)’’ and inserting
12 ‘‘subsection (b)(6)’’; and
13 (4) by striking subsections (h) and (i) and in-
14 serting the following:
15 ‘‘(h) DEFINITION OF COVERED PROGRAMS.—In this
16 section, the term ‘covered programs’ means—
17 ‘‘(1) the national highway performance program
18 under section 119;
19 ‘‘(2) the surface transportation program under
20 section 133;
21 ‘‘(3) the highway safety improvement program
22 under section 148;
23 ‘‘(4) the congestion mitigation and air quality
24 improvement program under section 149;
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1 ‘‘(5) the national highway freight program
2 under section 167;
3 ‘‘(6) metropolitan planning under section 134;
4 ‘‘(7) the railway crossings program under sec-
5 tion 130(e);
6 ‘‘(8) the predisaster mitigation program under
7 section 124; and
8 ‘‘(9) the carbon pollution reduction program
9 under section 171.’’.
10 (b) FEDERAL SHARE PAYABLE.—Section 120(c)(3)
11 of title 23, United States Code, is amended—
12 (1) in subparagraph (A) by striking ‘‘(5)(D),’’;
13 and
14 (2) in subparagraph (C)(i) by striking
15 ‘‘(5)(D)’’.
16 (c) METROPOLITAN TRANSPORTATION PLANNING;
17 TITLE 23.—Section 134(p) of title 23, United States
18 Code, is amended by striking ‘‘paragraphs (5)(D) and (6)
19 of section 104(b)’’ and inserting ‘‘section 104(b)(6)’’.
20 (d) STATEWIDE AND NONMETROPOLITAN TRANSPOR-
21 TATION PLANNING.—Section 135(i) of title 23, United
22 States Code, is amended by striking ‘‘paragraphs (5)(D)
23 and (6) of section 104(b)’’ and inserting ‘‘section
24 104(b)(6)’’.
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1 (e) METROPOLITAN TRANSPORTATION PLANNING;
2 TITLE 49.—Section 5303(p) of title 49, United States
3 Code, is amended by striking ‘‘section 104(b)(5)’’ and in-
4 serting ‘‘section 104(b)(6)’’.
5 SEC. 1105. ADDITIONAL DEPOSITS INTO HIGHWAY TRUST
6 FUND.
7 Section 105 of title 23, United States Code, is
8 amended—
9 (1) in subsection (c)—
10 (A) in paragraph (1)(A) by striking ‘‘to be
11 appropriated’’ each place it appears; and
12 (B) by adding at the end the following:
13 ‘‘(4) SPECIAL RULE.—
14 ‘‘(A) ADJUSTMENT.—In making an adjust-
15 ment under paragraph (1) for an allocation,
16 reservation, or set-aside from an amount au-
17 thorized from the Highway Account or Mass
18 Transit Account described in subparagraph (B),
19 the Secretary shall—
20 ‘‘(i) determine the ratio that—
21 ‘‘(I) the amount authorized to be
22 appropriated for the allocation, res-
23 ervation, or set-aside from the account
24 for the fiscal year; bears to
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1 ‘‘(II) the total amount authorized
2 to be appropriated for such fiscal year
3 for all programs under such account;
4 ‘‘(ii) multiply the ratio determined
5 under clause (i) by the amount of the ad-
6 justment determined under subsection
7 (b)(1)(B); and
8 ‘‘(iii) adjust the amount that the Sec-
9 retary would have allocated for the alloca-
10 tion, reservation, or set-aside for such fis-
11 cal year but for this section by the amount
12 calculated under clause (ii).
13 ‘‘(B) ALLOCATIONS, RESERVATIONS, AND
14 SET-ASIDES.—The allocations, reservations, and
15 set-asides described in this subparagraph are—
16 ‘‘(i) from the amount made available
17 for a fiscal year for the Federal lands
18 transportation program under section 203,
19 the amounts allocated for a fiscal year for
20 the National Park Service, the United
21 States Fish and Wildlife Service, and the
22 United States Forest Service;
23 ‘‘(ii) the amount made available for
24 the Puerto Rico highway program under
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1 ‘‘(iii) the amount made available for
2 the territorial highway program under sec-
3 tion 165(a)(2).’’;
4 (2) in subsection (e)—
5 (A) by striking ‘‘There is authorized’’ and
6 inserting ‘‘For fiscal year 2022 and each fiscal
7 year thereafter, there is authorized’’; and
8 (B) by striking ‘‘for any of fiscal years
9 2017 through 2020’’; and
10 (3) in subsection (f)(1) by striking ‘‘section
11 1102 or 3018 of the FAST Act’’ and inserting ‘‘any
12 other provision of law’’.
13 SEC. 1106. TRANSPARENCY.
14 (a) APPORTIONMENT.—Section 104 of title 23,
15 United States Code, is amended by striking subsection (g)
16 and inserting the following:
17 ‘‘(g) HIGHWAY TRUST FUND TRANSPARENCY AND
18 ACCOUNTABILITY REPORTS.—
19 ‘‘(1) REQUIREMENT.—
20 ‘‘(A) IN GENERAL.—The Secretary shall
21 compile data in accordance with this subsection
22 on the use of Federal-aid highway funds made
23 available under this title.
24 ‘‘(B) USER FRIENDLY DATA.—The data
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1 user friendly format that can be searched,
2 downloaded, disaggregated, and filtered by data
3 category.
4 ‘‘(2) PROJECT DATA.—
5 ‘‘(A) IN GENERAL.—Not later than 120
6 days after the end of each fiscal year, the Sec-
7 retary shall make available on the website of
8 the Department of Transportation a report that
9 describes—
10 ‘‘(i) the location of each active project
11 within each State during such fiscal year,
12 including in which congressional district or
13 districts such project is located;
14 ‘‘(ii) the total cost of such project;
15 ‘‘(iii) the amount of Federal funding
16 obligated for such project;
17 ‘‘(iv) the program or programs from
18 which Federal funds have been obligated
19 for such project;
20 ‘‘(v) whether such project is located in
21 an area of the State with a population of—
22 ‘‘(I) less than 5,000 individuals;
23 ‘‘(II) 5,000 or more individuals
24 but less than 50,000 individuals;
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1 ‘‘(III) 50,000 or more individuals
2 but less than 200,000 individuals; or
3 ‘‘(IV) 200,000 or more individ-
4 uals;
5 ‘‘(vi) the type of improvement being
6 made by such project, including catego-
7 rizing such project as—
8 ‘‘(I) a road reconstruction
9 project;
10 ‘‘(II) a new road construction
11 project;
12 ‘‘(III) a new bridge construction
13 project;
14 ‘‘(IV) a bridge rehabilitation
15 project; or
16 ‘‘(V) a bridge replacement
17 project;
18 ‘‘(vii) the functional classification of
19 the roadway on which such project is lo-
20 cated; and
21 ‘‘(viii) available information on the es-
22 timated cost of such project as of the start
23 of project construction, or the revised cost
24 estimate based on a description of revisions
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1 fecting project cost other than cost over-
2 runs.
3 ‘‘(B) INTERACTIVE MAP.—In addition to
4 the data made available under subparagraph
5 (A), the Secretary shall make available on the
6 website of the Department of Transportation an
7 interactive map that displays, for each active
8 project, the information described in clauses (i)
9 through (v) of subparagraph (A).
10 ‘‘(3) STATE DATA.—
11 ‘‘(A) APPORTIONED AND ALLOCATED PRO-
12 GRAMS.—The website described in paragraph
13 (2)(A) shall display the Federal-aid highway
14 funds apportioned and allocated to each State
15 under this title, including—
16 ‘‘(i) the amount of funding available
17 for obligation by the State at the start of
18 the fiscal year;
19 ‘‘(ii) the amount of funding obligated
20 by the State during such fiscal year;
21 ‘‘(ii) the amount of funding remaining
22 available for obligation by the State at the
23 end of such fiscal year; and
24 ‘‘(iii) changes in the obligated, unex-
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1 ‘‘(B) PROGRAMMATIC DATA.—The data de-
2 scribed in subparagraph (A) shall include—
3 ‘‘(i) the amount of funding by each
4 apportioned and allocated program for
5 which the State received funding under
6 this title;
7 ‘‘(ii) the amount of funding trans-
8 ferred between programs by the State dur-
9 ing the fiscal year using the authority pro-
10 vided under section 126; and
11 ‘‘(iii) the amount and program cat-
12 egory of Federal funds exchanged as de-
13 scribed in section 106(g)(6).
14 ‘‘(4) DEFINITIONS.—In this subsection:
15 ‘‘(A) ACTIVE PROJECT.—
16 ‘‘(i) IN GENERAL.—The term ‘active
17 project’ means a Federal-aid highway
18 project using funds made available under
19 this title on which those funds were obli-
20 gated or expended during the fiscal year
21 for which the estimated total cost as of the
22 start of construction is greater than
23 $5,000,000.
24 ‘‘(ii) EXCLUSION.—The term ‘active
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1 which funds are transferred to agencies
2 other than the Federal Highway Adminis-
3 tration.
4 ‘‘(B) INTERACTIVE MAP.—The term ‘inter-
5 active map’ means a map displayed on the pub-
6 lic website of the Department of Transportation
7 that allows a user to select and view informa-
8 tion for each active project, State, and Congres-
9 sional district.
10 ‘‘(C) STATE.—The term ‘State’ means any
11 of the 50 States or the District of Columbia.’’.
12 (b) PROJECT APPROVAL AND OVERSIGHT.—Section
13 106 of title 23, United States Code, is amended—
14 (1) in subsection (g)—
15 (A) in paragraph (4) by striking subpara-
16 graph (B) and inserting the following:
17 ‘‘(B) ASSISTANCE TO STATES.—The Sec-
18 retary shall—
19 ‘‘(i) develop criteria for States to use
20 to make the determination required under
21 subparagraph (A); and
22 ‘‘(ii) provide training, guidance, and
23 other assistance to States and subrecipi-
24 ents as needed to ensure that projects ad-
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1 ministered by subrecipients comply with
2 the requirements of this title.
3 ‘‘(C) PERIODIC REVIEW.—The Secretary
4 shall review, not less frequently than every 2
5 years, the monitoring of subrecipients by the
6 States.’’; and
7 (B) by adding at the end the following:
8 ‘‘(6) FEDERAL FUNDING EXCHANGE PRO-
9 GRAMS.—A State may implement a program under
10 which a subrecipient has the option to exchange
11 Federal funds allocated to such subrecipient in ac-
12 cordance with the requirements of this title for State
13 or local funds if the State certifies to the Secretary
14 that the State has prevailing wage and domestic con-
15 tent requirements that are comparable to the re-
16 quirements under sections 113 and 313 and that
17 such requirements shall apply to projects carried out
18 using such funds if such projects would have been
19 subject to the requirements of sections 113 and 313
20 if such projects were carried out using Federal
21 funds.’’;
22 (2) in subsection (h)(3)—
23 (A) in subparagraph (B) by striking ‘‘, as
24 determined by the Secretary,’’; and
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1 (B) in subparagraph (D) by striking ‘‘shall
2 assess’’ and inserting ‘‘in the case of a project
3 proposed to be advanced as a public-private
4 partnership, shall include a detailed value for
5 money analysis or comparable analysis to deter-
6 mine’’; and
7 (3) by adding at the end the following:
8 ‘‘(k) MEGAPROJECTS.—
9 ‘‘(1) COMPREHENSIVE RISK MANAGEMENT
10 PLAN.—To be authorized for the construction of a
11 megaproject, the recipient of Federal financial as-
12 sistance under this title for such megaproject shall
13 submit to the Secretary a comprehensive risk man-
14 agement plan that contains—
15 ‘‘(A) a description of the process by which
16 the recipient will identify, quantify, and monitor
17 the risks, including natural hazards, that might
18 result in cost overruns, project delays, reduced
19 construction quality, or reductions in benefits
20 with respect to the megaproject;
21 ‘‘(B) examples of mechanisms the recipient
22 will use to track risks identified pursuant to
23 subparagraph (A);
24 ‘‘(C) a plan to control such risks; and
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1 ‘‘(D) such assurances as the Secretary de-
2 termines appropriate that the recipient shall,
3 with respect to the megaproject—
4 ‘‘(i) regularly submit to the Secretary
5 updated cost estimates; and
6 ‘‘(ii) maintain and regularly reassess
7 financial reserves for addressing known
8 and unknown risks.
9 ‘‘(2) PEER REVIEW GROUP.—
10 ‘‘(A) IN GENERAL.—Not later than 90
11 days after the date on which a megaproject is
12 authorized for construction, the recipient of
13 Federal financial assistance under this title for
14 such megaproject shall establish a peer review
15 group for such megaproject that consists of at
16 least 5 individuals (including at least 1 indi-
17 vidual with project management experience) to
18 give expert advice on the scientific, technical,
19 and project management aspects of the
20 megaproject.
21 ‘‘(B) MEMBERSHIP.—
22 ‘‘(i) IN GENERAL.—Not later than
23 180 days after the date of enactment of
24 this subsection, the Secretary shall estab-
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1 lish guidelines describing how a recipient
2 described in subparagraph (A) shall—
3 ‘‘(I) recruit and select members
4 for a peer review group established
5 under such subparagraph; and
6 ‘‘(II) make publicly available the
7 criteria for such selection and identify
8 the members so selected.
9 ‘‘(ii) CONFLICT OF INTEREST.—No
10 member of a peer review group for a
11 megaproject may have a direct or indirect
12 financial interest in such megaproject.
13 ‘‘(C) TASKS.—A peer review group estab-
14 lished under subparagraph (A) by a recipient of
15 Federal financial assistance for a megaproject
16 shall—
17 ‘‘(i) meet annually until completion of
18 the megaproject;
19 ‘‘(ii) not later than 90 days after the
20 date of the establishment of the peer re-
21 view group and not later than 90 days
22 after the date of any significant change, as
23 determined by the Secretary, to the scope,
24 schedule, or budget of the megaproject, re-
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1 megaproject, including planning, engineer-
2 ing, financing, and any other elements de-
3 termined appropriate by the Secretary; and
4 ‘‘(iii) submit to the Secretary, Con-
5 gress, and such recipient a report on the
6 findings of each review under clause (ii).
7 ‘‘(3) TRANSPARENCY.—Not later than 90 days
8 after the submission of a report under paragraph
9 (2)(C)(iii), the Secretary shall publish on the website
10 of the Department of Transportation such report.
11 ‘‘(4) MEGAPROJECT DEFINED.—In this sub-
12 section, the term ‘megaproject’ means a project
13 under this title that has an estimated total cost of
14 $2,000,000,000 or more, and such other projects as
15 may be identified by the Secretary.
16 ‘‘(l) SPECIAL EXPERIMENTAL PROJECTS.—
17 ‘‘(1) PUBLIC AVAILABILITY.—The Secretary
18 shall publish on the website of the Department of
19 Transportation a copy of all letters of interest, pro-
20 posals, workplans, and reports related to the special
21 experimental project authority pursuant to section
22 502(b).
23 ‘‘(2) NOTIFICATION AND OPPORTUNITY FOR
24 COMMENT.—Not later than 30 days before making
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1 under a letter of interest described in paragraph (1),
2 the Secretary shall provide notification and an op-
3 portunity for public comment on the letter of inter-
4 est and the Secretary’s proposed response.
5 ‘‘(3) REPORT TO CONGRESS.—Not later than 2
6 years after the date of enactment of the INVEST in
7 America Act, the Secretary shall submit to the Com-
8 mittee on Transportation and Infrastructure of the
9 House of Representatives and the Committee on En-
10 vironment and Public Works of the Senate a report
11 that includes—
12 ‘‘(A) a summary of each experiment de-
13 scribed in this subsection carried out over the
14 previous 5 years; and
15 ‘‘(B) legislative recommendations based on
16 the findings of such experiments.
17 ‘‘(m) COMPETITIVE GRANT PROGRAM OVERSIGHT
18 AND ACCOUNTABILITY.—
19 ‘‘(1) IN GENERAL.—To ensure the account-
20 ability and oversight of the discretionary grant selec-
21 tion process administered by the Secretary, a cov-
22 ered program shall be subject to the requirements of
23 this section, in addition to the requirements applica-
24 ble to each covered program.
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1 ‘‘(2) APPLICATION PROCESS.—The Secretary
2 shall—
3 ‘‘(A) develop a template for applicants to
4 use to summarize—
5 ‘‘(i) project needs and benefits; and
6 ‘‘(ii) any factors, requirements, or
7 considerations established for the applica-
8 ble covered program;
9 ‘‘(B) create a data driven process to evalu-
10 ate, as set forth in the covered program, each
11 eligible project for which an application is re-
12 ceived; and
13 ‘‘(C) make a determination, based on the
14 evaluation made pursuant to subparagraph (B),
15 on any ratings, rankings, scores, or similar
16 metrics for applications made to the covered
17 program.
18 ‘‘(3) NOTIFICATION OF CONGRESS.—Not less
19 than 30 days before making a grant for a covered
20 program, the Secretary shall notify, in writing, the
21 Committee on Transportation and Infrastructure of
22 the House of Representatives and the Committee on
23 the Environment and Public Works of the Senate
24 of—
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1 ‘‘(A) the amount for each award proposed
2 to be selected;
3 ‘‘(B) a description of the review process;
4 ‘‘(C) for each application, the determina-
5 tion made under paragraph (2)(C); and
6 ‘‘(D) a detailed explanation of the basis for
7 each award proposed to be selected.
8 ‘‘(4) NOTIFICATION OF APPLICANTS.—Not later
9 than 30 days after making a grant for a project
10 under a covered program, the Secretary shall send
11 to all applicants under such covered program, and
12 publish on the website of the Department of Trans-
13 portation—
14 ‘‘(A) a summary of each application made
15 to the covered program for the given round of
16 funding; and
17 ‘‘(B) the evaluation and justification for
18 the project selection, including all ratings,
19 rankings, scores, or similar metrics for applica-
20 tions made to the covered program for the given
21 round of funding during each phase of the
22 grant selection process.
23 ‘‘(5) BRIEFING.—The Secretary shall provide,
24 at the request of a grant applicant of a covered pro-
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1 any reasons the grant applicant was not awarded a
2 grant.
3 ‘‘(6) TEMPLATE.—The Secretary shall, to the
4 extent practicable, develop a template as described
5 in paragraph (2)(A) for any discretionary program
6 administered by the Secretary that is not a covered
7 program.
8 ‘‘(7) COVERED PROGRAM DEFINED.—The term
9 ‘covered program’ means each of the following dis-
10 cretionary grant programs:
11 ‘‘(A) Community climate innovation grants
12 under section 172.
13 ‘‘(B) Electric vehicle charging and hydro-
14 gen fueling infrastructure grants under section
15 151(f).
16 ‘‘(C) Federal lands and tribal major
17 projects grants under section 208.
18 ‘‘(D) Safe, efficient mobility through ad-
19 vanced technologies grants under section
20 503(c)(4).’’.
21 (c) DIVISION OFFICE CONSISTENCY.—Not later than
22 1 year after the date of enactment of this Act, the Comp-
23 troller General of the United States shall submit to Con-
24 gress a report that—
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1 (1) analyzes the consistency of determinations
2 among division offices of the Federal Highway Ad-
3 ministration; and
4 (2) makes recommendations to improve the con-
5 sistency of such determinations.
6 SEC. 1107. COMPLETE AND CONTEXT SENSITIVE STREET
7 DESIGN.
8 (a) STANDARDS.—Section 109 of title 23, United
9 States Code, is amended—
10 (1) in subsection (a)—
11 (A) in paragraph (1) by striking ‘‘planned
12 future traffic of the highway in a manner that
13 is conducive to’’ and inserting ‘‘future oper-
14 ational performance of the facility in a manner
15 that enhances’’; and
16 (B) in paragraph (2) by inserting ‘‘, taking
17 into consideration context sensitive design prin-
18 ciples’’ after ‘‘each locality’’;
19 (2) in subsection (b)—
20 (A) by striking ‘‘The geometric’’ and in-
21 serting ‘‘DESIGN CRITERIA FOR THE INTER-
22 STATE SYSTEM.—The geometric’’; and
23 (B) by striking ‘‘the types and volumes of
24 traffic anticipated for such project for the twen-
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1 proval by the Secretary, under section 106 of
2 this title, of the plans, specifications, and esti-
3 mates for actual construction of such project’’
4 and inserting ‘‘the existing and future oper-
5 ational performance of the facility’’;
6 (3) in subsection (c)(1)—
7 (A) in subparagraph (C) by striking ‘‘;
8 and’’ and inserting a semicolon;
9 (B) in subparagraph (D) by striking the
10 period and inserting ‘‘; and’’; and
11 (C) by adding at the end the following:
12 ‘‘(E) context sensitive design principles.’’;
13 (4) by striking subsection (o) and inserting the
14 following:
15 ‘‘(o) COMPLIANCE WITH STATE LAWS FOR NON-
16 NHS PROJECTS.—
17 ‘‘(1) IN GENERAL.—Projects (other than high-
18 way projects on the National Highway System)
19 shall—
20 ‘‘(A) be designed, constructed, operated,
21 and maintained in accordance with State laws,
22 regulations, directives, safety standards, design
23 standards, and construction standards; and
24 ‘‘(B) take into consideration context sen-
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1 ‘‘(2) DESIGN FLEXIBILITY.—
2 ‘‘(A) IN GENERAL.—A local jurisdiction
3 may deviate from the roadway design publica-
4 tion used by the State in which the local juris-
5 diction is located for the design of a project on
6 a roadway (other than a highway on the Na-
7 tional Highway System) if—
8 ‘‘(i) the deviation is approved by the
9 Secretary; and
10 ‘‘(ii) the design complies with all other
11 applicable Federal laws.
12 ‘‘(B) STATE-OWNED ROADS.—In the case
13 of a roadway under the ownership of the State,
14 the local jurisdiction may only deviate from the
15 roadway design publication used by the State
16 with the concurrence of the State.
17 ‘‘(C) PROGRAMMATIC BASIS.—The Sec-
18 retary may approve a deviation under this para-
19 graph on a project, multiple project, or pro-
20 grammatic basis.’’; and
21 (5) by adding at the end the following:
22 ‘‘(s) CONTEXT SENSITIVE DESIGN.—
23 ‘‘(1) CONTEXT SENSITIVE DESIGN STAND-
24 ARDS.—The Secretary shall collaborate with Amer-
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1 Officials to ensure that any roadway design publica-
2 tions approved by the Secretary under this section
3 provides adequate flexibility for a project sponsor to
4 select the appropriate design of a roadway, con-
5 sistent with context sensitive design principles.
6 ‘‘(2) POLICIES OR PROCEDURES.—
7 ‘‘(A) IN GENERAL.—Not later than 1 year
8 after the Secretary publishes the final guidance
9 described in paragraph (3), each State shall
10 adopt policies or procedures to evaluate the con-
11 text of a proposed roadway and select the ap-
12 propriate design, consistent with context sen-
13 sitive design principles.
14 ‘‘(B) LOCAL GOVERNMENTS.—The Sec-
15 retary and States shall encourage local govern-
16 ments to adopt policies or procedures described
17 under subparagraph (A).
18 ‘‘(C) CONSIDERATIONS.—The policies or
19 procedures developed under this paragraph
20 shall take into consideration the guidance devel-
21 oped by the Secretary under paragraph (3).
22 ‘‘(3) GUIDANCE.—
23 ‘‘(A) IN GENERAL.—
24 ‘‘(i) NOTICE.—Not later than 1 year
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1 section, the Secretary shall publish guid-
2 ance on the official website of the Depart-
3 ment of Transportation on context sen-
4 sitive design.
5 ‘‘(ii) PUBLIC REVIEW AND COM-
6 MENT.—The guidance described in this
7 paragraph shall be finalized following an
8 opportunity for public review and com-
9 ment.
10 ‘‘(iii) UPDATE.—The Secretary shall
11 periodically update the guidance described
12 in this paragraph, including the model
13 policies or procedures described under sub-
14 paragraph (B)(v).
15 ‘‘(B) REQUIREMENTS.—The guidance de-
16 scribed in this paragraph shall—
17 ‘‘(i) provide best practices for States,
18 metropolitan planning organizations, re-
19 gional transportation planning organiza-
20 tions, local governments or other project
21 sponsors to carry out context sensitive de-
22 sign principles;
23 ‘‘(ii) identify opportunities to modify
24 planning, scoping, design, and development
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1 modes of transportation into integrated fa-
2 cilities that meet the needs of each of such
3 modes of transportation in an appropriate
4 balance;
5 ‘‘(iii) identify metrics to assess the
6 context of the facility, including sur-
7 rounding land use or roadside characteris-
8 tics;
9 ‘‘(iv) assess the expected operational
10 and safety performance of alternative ap-
11 proaches to facility design; and
12 ‘‘(v) taking into consideration the
13 findings of this guidance, establish model
14 policies or procedures for a State or other
15 project sponsor to evaluate the context of
16 a proposed facility and select the appro-
17 priate facility design for the context.
18 ‘‘(C) TOPICS OF EMPHASIS.—In publishing
19 the guidance described in this paragraph, the
20 Secretary shall emphasize—
21 ‘‘(i) procedures for identifying the
22 needs of users of all ages and abilities of
23 a particular roadway;
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1 ‘‘(ii) procedures for identifying the
2 types and designs of facilities needed to
3 serve each class of users;
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
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1 be used for States, local governments, metropolitan
2 planning organizations, or regional transportation
3 planning organizations to adopt policies or proce-
4 dures to evaluate the context of a proposed roadway
5 and select the appropriate design, consistent with
6 context sensitive 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 clause (i) and inserting the fol-
14 lowing:
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 (2) by redesignating clause (vi) as clause (vii);
22 (3) in clause (v) by striking ‘‘or’’ at the end;
23 and
24 (4) by inserting after clause (v) the following:
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1 ‘‘(vi) innovative pavement materials
2 that demonstrate reductions in greenhouse
3 gas emissions through sequestration or in-
4 novative manufacturing processes; or’’.
5 (b) TECHNICAL AMENDMENT.—Section 107(a)(2) of
6 title 23, United States Code, is amended by striking ‘‘sub-
7 section (c) of’’.
8 SEC. 1109. TRANSFERABILITY OF FEDERAL-AID HIGHWAY
9 FUNDS.
10 Section 126(b) of title 23, United States Code, is
11 amended—
12 (1) in the heading by inserting ‘‘AND PRO-
13 GRAMS’’ after ‘‘SET-ASIDES’’;
14 (2) in paragraph (1) by striking ‘‘and
15 133(d)(1)(A)’’ and inserting ‘‘, 130, 133(d)(1)(A),
16 and 133(h)’’; and
17 (3) by striking paragraph (2) and inserting the
18 following:
19 ‘‘(2) ENVIRONMENTAL PROGRAMS.—With re-
20 spect to an apportionment under either paragraph
21 (4) or paragraph (9) of section 104(b), and notwith-
22 standing subsection (a), a State may only transfer
23 not more than 50 percent from the amount of the
24 apportionment of either such paragraph to the ap-
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1 portionment under the other such paragraph in a
2 fiscal year.’’.
3 SEC. 1110. TOLLING.
4 (a) TOLL ROADS, BRIDGES, TUNNELS, AND FER-
5 RIES.—Section 129 of title 23, United States Code, is
6 amended—
7 (1) in subsection (a)—
8 (A) by striking paragraph (1) and insert-
9 ing the following:
10 ‘‘(1) IN GENERAL.—
11 ‘‘(A) AUTHORIZATION FOR FEDERAL PAR-
12 TICIPATION.—Subject to the provisions of this
13 section, Federal participation shall be permitted
14 on the same basis and in the same manner as
15 construction of toll-free highways is permitted
16 under this chapter in the—
17 ‘‘(i) initial construction of a toll high-
18 way, bridge, or tunnel or approach to the
19 highway, bridge, or tunnel;
20 ‘‘(ii) initial construction of 1 or more
21 lanes or other improvements that increase
22 capacity of a highway, bridge, or tunnel
23 (other than a highway on the Interstate
24 System) and conversion of that highway,
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1 number of toll-free lanes, excluding auxil-
2 iary lanes, after the construction is not less
3 than the number of toll-free lanes, exclud-
4 ing auxiliary lanes, before the construction;
5 ‘‘(iii) initial construction of 1 or more
6 lanes or other improvements that increase
7 the capacity of a highway, bridge, or tun-
8 nel on the Interstate System and conver-
9 sion of that highway, bridge, or tunnel to
10 a tolled facility, if the number of toll-free
11 non-HOV lanes, excluding auxiliary lanes,
12 after such construction is not less than the
13 number of toll-free non-HOV lanes, exclud-
14 ing auxiliary lanes, before such construc-
15 tion;
16 ‘‘(iv) reconstruction, resurfacing, res-
17 toration, rehabilitation, or replacement of a
18 toll highway, bridge, or tunnel or approach
19 to the highway, bridge, or tunnel;
20 ‘‘(v) reconstruction or replacement of
21 a toll-free bridge or tunnel and conversion
22 of the bridge or tunnel to a toll facility;
23 ‘‘(vi) reconstruction of a toll-free Fed-
24 eral-aid highway (other than a highway on
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1 the Interstate System) and conversion of
2 the 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
6 non-HOV lanes, excluding auxiliary lanes,
7 after reconstruction, restoration, or reha-
8 bilitation is not less than the number of
9 toll-free non-HOV lanes, excluding auxil-
10 iary lanes, before reconstruction, restora-
11 tion, or rehabilitation;
12 ‘‘(viii) conversion of a high occupancy
13 vehicle lane on a highway, bridge, or tun-
14 nel to a toll facility, subject to the require-
15 ments of section 166; and
16 ‘‘(iv) 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 as described
23 in this paragraph, the public authority
24 with jurisdiction over a highway, bridge, or
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1 the Secretary to ensure compliance with
2 the requirements of this subsection.
3 ‘‘(ii) APPLICABILITY.—
4 ‘‘(I) IN GENERAL.—The provi-
5 sions of this paragraph 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
19 or 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 this
5 subsection, the public authority shall certify to
6 the Secretary that—
7 ‘‘(i) the public authority has estab-
8 lished procedures to ensure the toll meets
9 the 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
18 or business practices.
19 ‘‘(D) CONSIDERATION OF IMPACTS.—
20 ‘‘(i) IN GENERAL.—Prior to entering
21 into an agreement to toll under this sec-
22 tion, the Secretary shall ensure the public
23 authority has adequately considered, in-
24 cluding 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
11 improve 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 sub-
21 paragraph shall limit a public authority
22 from meeting the requirements of this sub-
23 paragraph through the environmental re-
24 view process, as applicable.
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25 ‘‘(E) CONGESTION PRICING.—
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1 ‘‘(i) IN GENERAL.—The Secretary
2 may authorize conversion of a non-tolled
3 lane on the National Highway System to a
4 toll facility to utilize variable pricing to
5 manage the demand to use the facility by
6 varying the toll 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
11 ensure (in addition to the requirements
12 under subparagraphs (B), (C), and (D))
13 that such toll facility and the planned in-
14 vestments to improve public transportation
15 or other non-tolled alternatives in the cor-
16 ridor are reasonably expected to improve
17 the operation of the cordon or corridor, as
18 described in clauses (iii) and (iv).
19 ‘‘(iii) PERFORMANCE MONITORING.—
20 A public authority that enters into an
21 agreement to convert a non-tolled lane to
22 a toll facility under this subparagraph
23 shall—
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1 ‘‘(I) establish, monitor, and sup-
2 port a performance monitoring, eval-
3 uation, and reporting program—
4 ‘‘(aa) for the toll facility
5 that provides for continuous
6 monitoring, assessment, and re-
7 porting on the impacts that the
8 pricing structure may have on
9 the operation of the facility; and
10 ‘‘(bb) for the corridor or cor-
11 don that provides for continuous
12 monitoring, assessment, and re-
13 porting on the impacts of conges-
14 tion pricing on the operation of
15 the corridor or cordon;
16 ‘‘(II) submit to the Secretary an-
17 nual reports of the impacts described
18 in subclause (I); and
19 ‘‘(III) if the facility or the cor-
20 ridor or cordon becomes degraded, as
21 described in clause (iv), submit to the
22 Secretary an annual update that de-
23 scribes the actions proposed to bring
24 the toll facility into compliance and
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1 ‘‘(iv) DETERMINATION.—
2 ‘‘(I) DEGRADED OPERATION.—
3 For purposes of clause (iii)(III), the
4 operation of a toll facility shall be
5 considered to be degraded if vehicles
6 operating on the facility are failing to
7 maintain a minimum average oper-
8 ating speed 90 percent of the time
9 over a consecutive 180-day period
10 during morning or evening weekday
11 peak hour periods (or both).
12 ‘‘(II) DEGRADED CORRIDOR OR
13 CORDON.—For the purposes of clause
14 (iii)(III), a corridor or cordon shall be
15 considered to be degraded if conges-
16 tion pricing or investments to improve
17 public transportation or other non-
18 tolled alternatives have not resulted
19 in—
20 ‘‘(aa) an increase in person
21 or freight throughput in the cor-
22 ridor or cordon; and
23 ‘‘(bb) a reduction in person
24 hours of delay in the corridor or
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1 cordon, as determined by the
2 Secretary.
3 ‘‘(III) DEFINITION OF MINIMUM
4 AVERAGE OPERATING SPEED.—In this
5 subparagraph, the term ‘minimum av-
6 erage operating speed’ means—
7 ‘‘(aa) 45 miles per hour, in
8 the case of a toll facility with a
9 speed limit of 50 miles per hour
10 or greater; and
11 ‘‘(bb) not more than 10
12 miles per hour below the speed
13 limit, in the case of a toll facility
14 with a speed limit of less than 50
15 miles per hour.
16 ‘‘(v) MAINTENANCE OF OPERATING
17 PERFORMANCE.—
18 ‘‘(I) IN GENERAL.—Not later
19 than 180 days after the date on which
20 a facility or a corridor or cordon be-
21 comes degraded under clause (iv), the
22 public authority with jurisdiction over
23 the facility shall submit to the Sec-
24 retary for approval a plan that details
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1 take to make significant progress to-
2 ward bringing the facility or corridor
3 or cordon into compliance with this
4 subparagraph.
5 ‘‘(II) NOTICE OF APPROVAL OR
6 DISAPPROVAL.—Not later than 60
7 days after the date of receipt of a
8 plan under subclause (I), the Sec-
9 retary shall provide to the public au-
10 thority a written notice indicating
11 whether the Secretary has approved
12 or disapproved the plan based on a
13 determination of whether the imple-
14 mentation of the plan will make sig-
15 nificant progress toward bringing the
16 facility or corridor or cordon into
17 compliance with this subparagraph.
18 ‘‘(III) UPDATE.—Until the date
19 on which the Secretary determines
20 that the public authority has brought
21 facility or corridor or cordon into
22 compliance with this subparagraph,
23 the public authority shall submit an-
24 nual updates that describe—
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1 ‘‘(aa) the actions taken to
2 bring the facility into compliance;
3 ‘‘(bb) the actions taken to
4 bring the corridor or cordon into
5 compliance; and
6 ‘‘(cc) the progress made by
7 those actions.
8 ‘‘(IV) COMPLIANCE.—If a public
9 authority fails to bring a facility into
10 compliance under this subparagraph,
11 the Secretary may subject the public
12 authority to appropriate program
13 sanctions under section 1.36 of title
14 23, Code of Federal Regulations (or
15 successor regulations), until the per-
16 formance is no longer degraded.
17 ‘‘(vi) CONSULTATION OF MPO.—If a
18 toll facility authorized under this subpara-
19 graph is located on the National Highway
20 System and in a metropolitan planning
21 area established in accordance with section
22 134, the public authority shall consult with
23 the metropolitan planning organization for
24 the area.
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1 ‘‘(vii) INCLUSION.—For the purposes
2 of this paragraph, the corridor or cordon
3 shall include toll-free facilities that are ad-
4 jacent to the toll facility.’’;
5 (B) in paragraph (3)—
6 (i) in subparagraph (A)—
7 (I) in clause (iv) by striking
8 ‘‘and’’ at the end; and
9 (II) by striking clause (v) and in-
10 serting the following:
11 ‘‘(v) any project eligible under this
12 title or chapter 53 of title 49 that improves
13 the operation of the corridor or cordon by
14 increasing person or freight throughput
15 and reducing person hours of delay;
16 ‘‘(vi) toll discounts or rebates for
17 users of the toll facility that have no rea-
18 sonable alternative transportation method
19 to the toll facility; and
20 ‘‘(vii) if the public authority certifies
21 annually that the tolled facility is being
22 adequately maintained and the cordon or
23 corridor is not degraded under paragraph
24 (1)(E), any revenues remaining after fund-
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1 through (vi) shall be considered surplus
2 revenue and may be used for any other
3 purpose for which Federal funds may be
4 obligated by a State under this title or
5 chapter 53 of title 49.’’;
6 (ii) by striking subparagraph (B) and
7 inserting the following:
8 ‘‘(B) TRANSPARENCY.—
9 ‘‘(i) ANNUAL AUDIT.—
10 ‘‘(I) IN GENERAL.—A public au-
11 thority with jurisdiction over a toll fa-
12 cility shall conduct or have an inde-
13 pendent auditor conduct an annual
14 audit of toll facility records to verify
15 adequate maintenance and compliance
16 with subparagraph (A), and report the
17 results of the audits to the Secretary.
18 ‘‘(II) RECORDS.—On reasonable
19 notice, the public authority shall make
20 all records of the public authority per-
21 taining to the toll facility available for
22 audit by the Secretary.
23 ‘‘(ii) SURPLUS REVENUES.—A State
24 that obligates amounts under clauses (v),
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1 nually report to the Secretary a list of ac-
2 tivities funded with such amounts and the
3 amount of funding provided for each such
4 activity.’’;
5 (C) in paragraph (8) by striking ‘‘as of the
6 date of enactment of the MAP–21, before com-
7 mencing any activity authorized’’ and inserting
8 ‘‘, before commencing any activity authorized’’;
9 and
10 (D) by striking paragraph (10) and insert-
11 ing the following:
12 ‘‘(10) INTEROPERABILITY OF ELECTRONIC
13 TOLL COLLECTION.—All toll facilities on Federal-aid
14 highways shall provide for the regional interoper-
15 ability of electronic toll collection, including through
16 technologies or business practices.
17 ‘‘(11) NONCOMPLIANCE.—If the Secretary con-
18 cludes that a public authority has not complied with
19 the requirements of this subsection, the Secretary
20 may require the public authority to discontinue col-
21 lecting tolls until the public authority and the Sec-
22 retary enter into an agreement for the public author-
23 ity to achieve compliance with such requirements.
24 ‘‘(12) DEFINITIONS.—In this subsection, the
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1 ‘‘(A) FEDERAL PARTICIPATION.—The term
2 ‘Federal participation’ means the use of funds
3 made available under this title.
4 ‘‘(B) HIGH OCCUPANCY VEHICLE; HOV.—
5 The term ‘high occupancy vehicle’ or ‘HOV’
6 means a vehicle with not fewer than 2 occu-
7 pants.
8 ‘‘(C) INITIAL CONSTRUCTION.—
9 ‘‘(i) IN GENERAL.—The term ‘initial
10 construction’ means the construction of a
11 highway, bridge, tunnel, or other facility at
12 any time before it is open to traffic.
13 ‘‘(ii) EXCLUSIONS.—The term ‘initial
14 construction’ does not include any improve-
15 ment to a highway, bridge, tunnel, or other
16 facility after it is open to traffic.
17 ‘‘(D) OVER-THE-ROAD BUS.—The term
18 ‘over-the-road bus’ has the meaning given the
19 term in section 301 of the Americans with Dis-
20 abilities Act of 1990 (42 U.S.C. 12181).
21 ‘‘(E) PUBLIC AUTHORITY.—The term
22 ‘public authority’ means a State, interstate
23 compact of States, or public entity designated
24 by a State.
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1 ‘‘(F) PUBLIC TRANSPORTATION VEHI-
2 CLE.—The term ‘public transportation vehicle’
3 has the meaning given that term in section 166.
4 ‘‘(G) TOLL FACILITY.—The term ‘toll fa-
5 cility’ means a toll highway, bridge, or tunnel or
6 approach to the highway, bridge, or tunnel con-
7 structed or authorized to be tolled under this
8 subsection.’’.
9 (b) REPEAL OF INTERSTATE SYSTEM RECONSTRUC-
10 TION AND REHABILITATION PILOT PROGRAM.—Section
11 1216 of the Transportation Equity Act for the 21st Cen-
12 tury (23 U.S.C. 129 note), and the item related to such
13 section in the table of contents in section 1(b) of such Act,
14 are repealed.
15 (c) VALUE PRICING PILOT PROGRAM.—Section
16 1012(b) of the Intermodal Surface Transportation Effi-
17 ciency Act of 1991 (23 U.S.C. 149 note) is amended by
18 adding at the end the following:
19 ‘‘(9) SUNSET.—The Secretary may not consider
20 an expression of interest submitted under this sec-
21 tion after the date of enactment of this paragraph.’’.
22 (d) SAVINGS CLAUSE.—
23 (1) APPLICATION OF LIMITATIONS.—Any toll
24 facility described in paragraph (2) shall be subject to
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25 the requirements of section 129(a)(3) of title 23,
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1 United States Code, as in effect on the day before
2 the date of enactment of this Act.
3 (2) TOLL FACILITIES.—A toll facility described
4 in this paragraph is a facility that, on the day prior
5 to the date of enactment of this Act was—
6 (A) operating;
7 (B) in the planning and design phase; or
8 (C) in the construction phase.
9 SEC. 1111. HOV FACILITIES.
10 Section 166 of title 23, United States Code, is
11 amended—
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) by striking subpara-
17 graph (B) and redesignating subparagraph (C)
18 as subparagraph (B);
19 (2) in subsection (e)—
20 (A) by striking ‘‘Not later than 180 days
21 after the date of enactment of this section, the
22 Administrator’’ and inserting ‘‘The Adminis-
23 trator’’;
24 (B) in paragraph (1) by striking ‘‘and’’ at
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1 (C) in paragraph (2) by striking the period
2 at the end and inserting ‘‘; and’’; and
3 (D) by adding at the end the following:
4 ‘‘(3) not later than 180 days after the date of
5 enactment of the INVEST in America Act, update
6 the requirements established under paragraph (1).’’;
7 and
8 (3) in subsection (f)—
9 (A) in paragraph (1)—
10 (i) by striking subparagraphs (C),
11 (D), and (F); and
12 (ii) by redesignating subparagraphs
13 (E), (G), (H), and (I) as subparagraphs
14 (C), (D), (E), and (F), respectively; and
15 (B) in paragraph (6)(B)(i) by striking
16 ‘‘public entity’’ and inserting ‘‘public transpor-
17 tation service that is a recipient or subrecipient
18 of funds under chapter 53 of title 49’’.
19 SEC. 1112. BUY AMERICA.
20 (a) IN GENERAL.—Section 313 of title 23, United
21 States Code, is amended—
22 (1) in subsection (a)—
23 (A) by striking ‘‘Notwithstanding’’ and in-
24 serting ‘‘IN GENERAL—Notwithstanding’’;
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1 (B) by striking ‘‘Secretary of Transpor-
2 tation’’ and inserting ‘‘Secretary’’; and
3 (C) by striking ‘‘the Surface Transpor-
4 tation Assistance Act of 1982 (96 Stat. 2097)
5 or’’;
6 (2) in subsection (b) by inserting ‘‘DETERMINA-
7 TION.—’’ before ‘‘The provisions’’;
8 (3) in subsection (c) by striking ‘‘For purposes’’
9 and inserting ‘‘CALCULATION—For purposes’’;
10 (4) in subsection (d)—
11 (A) by striking ‘‘The Secretary of Trans-
12 portation’’ and inserting ‘‘REQUIREMENTS—
13 The Secretary’’; and
14 (B) by striking ‘‘the Surface Transpor-
15 tation Assistance Act of 1982 (96 Stat. 2097)
16 or’’; and
17 (5) by adding at the end the following:
18 ‘‘(h) WAIVER PROCEDURE.—
19 ‘‘(1) IN GENERAL.—Not later than 120 days
20 after the submission of a request for a waiver, the
21 Secretary shall make a determination under para-
22 graph (1) or (2) of subsection (b) as to whether sub-
23 section (a) shall apply.
24 ‘‘(2) PUBLIC NOTIFICATION AND COMMENT.—
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1 ‘‘(A) IN GENERAL.—Not later than 30
2 days before making a determination regarding a
3 waiver described in paragraph (1), the Sec-
4 retary shall provide notification and an oppor-
5 tunity for public comment on the request for
6 such waiver.
7 ‘‘(B) NOTIFICATION REQUIREMENTS.—The
8 notification required under subparagraph (A)
9 shall—
10 ‘‘(i) describe whether the application
11 is being made for a determination de-
12 scribed in subsection (b)(1); and
13 ‘‘(ii) be provided to the public by elec-
14 tronic means, including on the public
15 website of the Department of Transpor-
16 tation.
17 ‘‘(3) DETERMINATION.—Before a determination
18 described in paragraph (1) takes effect, the Sec-
19 retary shall publish a detailed justification for such
20 determination that addresses all public comments re-
21 ceived under paragraph (2)—
22 ‘‘(A) on the public website of the Depart-
23 ment of Transportation; and
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1 ‘‘(B) if the Secretary issues a waiver with
2 respect to such determination, in the Federal
3 Register.
4 ‘‘(i) REVIEW OF NATIONWIDE WAIVERS.—
5 ‘‘(1) IN GENERAL.—Not later than 1 year after
6 the date of enactment of this subsection, and at
7 least every 5 years thereafter, the Secretary shall re-
8 view any standing nationwide waiver issued by the
9 Secretary under this section to ensure such waiver
10 remains justified.
11 ‘‘(2) PUBLIC NOTIFICATION AND OPPORTUNITY
12 FOR COMMENT.—
13 ‘‘(A) IN GENERAL.—Not later than 30
14 days before the completion of a review under
15 paragraph (1), the Secretary shall provide noti-
16 fication and an opportunity for public comment
17 on such review.
18 ‘‘(B) MEANS OF NOTIFICATION.—Notifica-
19 tion provided under this subparagraph shall be
20 provided by electronic means, including on the
21 public website of the Department of Transpor-
22 tation.
23 ‘‘(3) DETAILED JUSTIFICATION IN FEDERAL
24 REGISTER.—After the completion of a review under
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1 Federal Register a detailed justification for the de-
2 termination made under paragraph (1) that address-
3 es all public comments received under paragraph
4 (2).
5 ‘‘(j) REPORT.—Not later than 120 days after the last
6 day of each fiscal year, the Secretary shall submit to the
7 Committee on Transportation and Infrastructure of the
8 House of Representatives, the Committee on Appropria-
9 tions of the House of Representatives, the Committee on
10 Environment and Public Works of the Senate, and the
11 Committee on Appropriations of the Senate a report on
12 the waivers provided under subsection (h) during the pre-
13 vious fiscal year and the justifications for such waivers.’’.
14 (b) CONFORMING AMENDMENTS.—
15 (1) CONSOLIDATED APPROPRIATIONS ACT,
16 2010.—Section 123 of title I of division A of the
17 Consolidated Appropriations Act, 2010 (23 U.S.C.
18 313 note; Public Law 111–117) is repealed.
19 (2) CONSOLIDATED APPROPRIATIONS ACT,
20 2019.—Section 122 of title I of division H of the
21 Consolidated Appropriations Act, 2019 (23 U.S.C.
22 313 note; Public Law 116–94) is repealed.
23 (3) SAFETEA–LU TECHNICAL CORRECTIONS
24 ACT OF 2008.—Section 117 of the SAFETEA–LU
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1 Technical Corrections Act of 2008 (23 U.S.C. 313
2 note) is repealed.
3 Subtitle B—Programmatic
4 Infrastructure Investment
5 SEC. 1201. NATIONAL HIGHWAY PERFORMANCE PROGRAM.
6 Section 119 of title 23, United States Code, is
7 amended—
8 (1) by striking subsection (b) and inserting the
9 following:
10 ‘‘(b) PURPOSES.—The purposes of the national high-
11 way performance program shall be—
12 ‘‘(1) to provide support for the condition and
13 performance of Federal-aid highways and bridges on
14 the National Highway System, consistent with the
15 asset management plans of States;
16 ‘‘(2) to support progress toward the achieve-
17 ment of performance targets of States established
18 under section 150;
19 ‘‘(3) to increase the resilience of Federal-aid
20 highways and bridges; and
21 ‘‘(4) to provide support for the construction of
22 new facilities on the National Highway System, con-
23 sistent with subsection (d)(3).’’;
24 (2) in subsection (d)—
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1 (A) in paragraph (1)(A) by striking ‘‘or
2 freight movement on the National Highway
3 System’’ and inserting ‘‘freight movement, envi-
4 ronmental sustainability, transportation system
5 access, or combating climate change’’;
6 (B) in paragraph (1)(B) by striking ‘‘and’’
7 at the end;
8 (C) in paragraph (2)—
9 (i) in subparagraph (G)—
10 (I) in clause (i) by inserting
11 ‘‘and’’ at the end;
12 (II) in clause (ii) by striking ‘‘;
13 and’’ and inserting a period; and
14 (III) by striking clause (iii);
15 (ii) in subparagraph (I) by inserting
16 ‘‘, including the installation of safety bar-
17 riers and nets on bridges on the National
18 Highway System’’ after ‘‘National High-
19 way System’’; and
20 (iii) by adding at the end the fol-
21 lowing:
22 ‘‘(Q) Projects on or off the National High-
23 way System to reduce greenhouse gas emissions
24 that are eligible under section 171, including
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1 the installation of electric vehicle charging in-
2 frastructure.
3 ‘‘(R) Projects on or off the National High-
4 way System to enhance resilience of a transpor-
5 tation facility, including protective features.
6 ‘‘(S) Projects and strategies to reduce ve-
7 hicle-caused wildlife mortality related to, or to
8 restore and maintain connectivity among terres-
9 trial or aquatic habitats affected by, a transpor-
10 tation facility otherwise eligible for assistance
11 under this section.
12 ‘‘(T) Projects on or off the National High-
13 way System to improve an evacuation route eli-
14 gible under section 124(b)(1)(C); and’’; and
15 (D) by adding at the end the following:
16 ‘‘(3) a project that is otherwise eligible under
17 this subsection to construct new capacity for single
18 occupancy passenger vehicles only if the State—
19 ‘‘(A) has demonstrated progress in achiev-
20 ing a state of good repair on the National
21 Highway System; and
22 ‘‘(B) demonstrates that the project—
23 ‘‘(i) supports the achievement of per-
24 formance targets of the State established
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1 ‘‘(ii) is more cost effective, as deter-
2 mined by benefit-cost analysis, than—
3 ‘‘(I) an operational improvement
4 to the facility or corridor;
5 ‘‘(II) the construction of a transit
6 project eligible for assistance under
7 chapter 53 of title 49; or
8 ‘‘(III) the construction of a non-
9 single occupancy passenger vehicle
10 project that improves freight move-
11 ment.’’; and
12 (3) in subsection (e)—
13 (A) in the heading by inserting ‘‘ASSET
14 AND’’ after ‘‘STATE’’;
15 (B) in paragraph (4)(D) by striking ‘‘anal-
16 ysis’’ and inserting ‘‘analyses, both of which
17 shall take into consideration climate change ad-
18 aptation and resilience;’’; and
19 (C) in paragraph (8) by striking ‘‘Not later
20 than 18 months after the date of enactment of
21 the MAP–21, the Secretary’’ and inserting
22 ‘‘The Secretary’’.
23 SEC. 1202. INCREASING THE RESILIENCE OF TRANSPOR-
24 TATION ASSETS.
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25 (a) PREDISASTER MITIGATION PROGRAM.—
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1 (1) IN GENERAL.—Chapter 1 of title 23, United
2 States Code, is amended by inserting after section
3 123 the following:
4 ‘‘§ 124. Predisaster mitigation program
5 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab-
6 lish and implement a predisaster mitigation program to
7 enhance the resilience of the transportation system of the
8 United States, mitigate the impacts of covered events, and
9 ensure the efficient use of Federal resources.
10 ‘‘(b) ELIGIBLE ACTIVITIES.—
11 ‘‘(1) IN GENERAL.—Subject to paragraph (2),
12 funds apportioned to the State under section
13 104(b)(8) may be obligated for construction activi-
14 ties, including construction of natural infrastructure
15 or protective features, to—
16 ‘‘(A) increase the resilience of a surface
17 transportation infrastructure asset to withstand
18 a covered event;
19 ‘‘(B) relocate or provide a reasonable alter-
20 native to a repeatedly damaged facility; and
21 ‘‘(C) for an evacuation route identified in
22 the vulnerability assessment required under sec-
23 tion 134(i)(2)(I)(iii) or section 135(f)(10)(C)—
24 ‘‘(i) improve the capacity or operation
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1 ‘‘(I) communications and intel-
2 ligent transportation system equip-
3 ment and infrastructure;
4 ‘‘(II) counterflow measures; and
5 ‘‘(III) shoulders; and
6 ‘‘(ii) relocate such evacuation route or
7 provide a reasonable alternative to such
8 evacuation route to address the risk of a
9 covered event.
10 ‘‘(2) INFRASTRUCTURE RESILIENCE AND ADAP-
11 TATION.—No funds shall be obligated to a project
12 under this section unless the project meets each of
13 the following criteria:
14 ‘‘(A) The project is designed to ensure re-
15 silience over the anticipated service life of the
16 surface transportation infrastructure asset.
17 ‘‘(B) The project is identified in the metro-
18 politan or statewide transportation improve-
19 ment program as a project to address resilience
20 vulnerabilities, consistent with section
21 134(j)(3)(E) or 135(g)(5)(B)(iii).
22 ‘‘(C) For a project in a flood plain, the
23 project sponsor considers hydrologic and hy-
24 draulic data and methods that integrate current
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1 mate science and future land use changes over
2 the anticipated service life of the surface trans-
3 portation infrastructure asset.
4 ‘‘(3) PRIORITIZATION OF PROJECTS.—A State
5 shall develop a process to prioritize projects under
6 this section based on the degree to which the pro-
7 posed project would—
8 ‘‘(A) be cost effective;
9 ‘‘(B) reduce the risk of disruption to a sur-
10 face transportation infrastructure asset consid-
11 ered critical to support population centers,
12 freight movement, economic activity, evacu-
13 ation, recovery, or national security functions;
14 and
15 ‘‘(C) ease disruptions to vulnerable, at-
16 risk, or transit-dependant populations.
17 ‘‘(c) GUIDANCE.—The Secretary shall provide guid-
18 ance to States to assist with the implementation of para-
19 graphs (2) and (3) of subsection (b).
20 ‘‘(d) DEFINITIONS.—In this section:
21 ‘‘(1) COVERED EVENT.—The term ‘covered
22 event’ means a climate change effect (including sea
23 level rise), an extreme event, seismic activity, or any
24 other natural disaster (including a wildfire).
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1 ‘‘(2) SURFACE TRANSPORTATION INFRASTRUC-
2 TURE ASSET.—The term ‘surface transportation in-
3 frastructure asset’ means a facility eligible for as-
4 sistance under this title or chapter 53 of title 49.’’.
5 (2) CONFORMING AMENDMENT.—The analysis
6 for chapter 1 of title 23, United States Code, is
7 amended by inserting after the item relating to sec-
8 tion 123 the following:
‘‘124. Predisaster mitigation program.’’.
9 (b) METROPOLITAN TRANSPORTATION PLANNING.—
10 (1) AMENDMENTS TO TITLE 23.—
11 (A) CLIMATE CHANGE AND RESILIENCE.—
12 Section 134(i)(2) of title 23, United States
13 Code, is amended by adding at the end the fol-
14 lowing:
15 ‘‘(I) CLIMATE CHANGE AND RESILIENCE.—
16 ‘‘(i) IN GENERAL.—The transpor-
17 tation planning process shall assess strate-
18 gies to reduce the climate change impacts
19 of the surface transportation system and
20 conduct a vulnerability assessment to iden-
21 tify opportunities to enhance the resilience
22 of the surface transportation system and
23 ensure the efficient use of Federal re-
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1 ‘‘(ii) CLIMATE CHANGE MITIGATION
2 AND IMPACTS.—A long-range transpor-
3 tation plan shall—
4 ‘‘(I) identify investments and
5 strategies to reduce transportation-re-
6 lated sources of greenhouse gas emis-
7 sions per capita;
8 ‘‘(II) identify investments and
9 strategies to manage transportation
10 demand and increase the rates of pub-
11 lic transportation ridership, walking,
12 bicycling, and carpools; and
13 ‘‘(III) recommend zoning and
14 other land use policies that would sup-
15 port infill, transit-oriented develop-
16 ment, and mixed use development.
17 ‘‘(iii) VULNERABILITY ASSESSMENT.—
18 A long-range transportation plan shall in-
19 corporate a vulnerability assessment that—
20 ‘‘(I) includes a risk-based assess-
21 ment of vulnerabilities of critical
22 transportation assets and systems to
23 covered events (as such term is de-
24 fined in section 124);
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1 ‘‘(II) considers, as applicable, the
2 risk management analysis in the
3 State’s asset management plan devel-
4 oped pursuant to section 119, and the
5 State’s evaluation of reasonable alter-
6 natives to repeatedly damaged facili-
7 ties;
8 ‘‘(III) identifies evacuation
9 routes, assesses the ability of any
10 such routes to provide safe passage
11 for evacuation and emergency re-
12 sponse during an emergency event,
13 and identifies any improvements or
14 redundant facilities necessary to ade-
15 quately facilitate safe passage;
16 ‘‘(IV) describes the metropolitan
17 planning organization’s adaptation
18 and resilience improvement strategies
19 that will inform the transportation in-
20 vestment decisions of the metropolitan
21 planning organization; and
22 ‘‘(V) is consistent with and com-
23 plementary of the State and local
24 mitigation plans required under sec-
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1 Disaster Relief and Emergency Assist-
2 ance Act (42 U.S.C. 5165).
3 ‘‘(iv) CONSULTATION.—The assess-
4 ment described in this subparagraph shall
5 be developed in consultation with, as ap-
6 propriate, State, local, and Tribal officials
7 responsible for land use, housing, resil-
8 ience, hazard mitigation, and emergency
9 management.’’.
10 (B) RESILIENCE PROJECTS.—Section
11 134(j)(3) of title 23, United States Code, is
12 amended by adding at the end the following:
13 ‘‘(E) RESILIENCE PROJECTS.—The TIP
14 shall—
15 ‘‘(i) identify projects that address the
16 vulnerabilities identified by the assessment
17 in subsection (i)(2)(I)(iii); and
18 ‘‘(ii) describe how each project identi-
19 fied under clause (i) would improve the re-
20 silience of the transportation system.’’.
21 (2) AMENDMENTS TO TITLE 49.—
22 (A) CLIMATE CHANGE AND RESILIENCE.—
23 Section 5303(i)(2) of title 49, United States
24 Code, is amended by adding at the end the fol-
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1 ‘‘(I) CLIMATE CHANGE AND RESILIENCE.—
2 ‘‘(i) IN GENERAL.—The transpor-
3 tation planning process shall assess strate-
4 gies to reduce the climate change impacts
5 of the surface transportation system and
6 conduct a vulnerability assessment to iden-
7 tify opportunities to enhance the resilience
8 of the surface transportation system and
9 ensure the efficient use of Federal re-
10 sources.
11 ‘‘(ii) CLIMATE CHANGE MITIGATION
12 AND IMPACTS.—A long-range transpor-
13 tation plan shall—
14 ‘‘(I) identify investments and
15 strategies to reduce transportation-re-
16 lated sources of greenhouse gas emis-
17 sions per capita;
18 ‘‘(II) identify investments and
19 strategies to manage transportation
20 demand and increase the rates of pub-
21 lic transportation ridership, walking,
22 bicycling, and carpools; and
23 ‘‘(III) recommend zoning and
24 other land use policies that would sup-
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1 port infill, transit-oriented develop-
2 ment, and mixed use development.
3 ‘‘(iii) VULNERABILITY ASSESSMENT.—
4 A long-range transportation plan shall in-
5 corporate a vulnerability assessment that—
6 ‘‘(I) includes a risk-based assess-
7 ment of vulnerabilities of critical
8 transportation assets and systems to
9 covered events (as such term is de-
10 fined in section 124 of title 23);
11 ‘‘(II) considers, as applicable, the
12 risk management analysis in the
13 State’s asset management plan devel-
14 oped pursuant to section 119 of title
15 23, and the State’s evaluation of rea-
16 sonable alternatives to repeatedly
17 damaged facilities;
18 ‘‘(III) identifies evacuation
19 routes, assesses the ability of any
20 such routes to provide safe passage
21 for evacuation and emergency re-
22 sponse during an emergency event,
23 and identifies any improvements or
24 redundant facilities necessary to ade-
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1 ‘‘(IV) describes the metropolitan
2 planning organization’s adaptation
3 and resilience improvement strategies
4 that will inform the transportation in-
5 vestment decisions of the metropolitan
6 planning organization; and
7 ‘‘(V) is consistent with and com-
8 plementary of the State and local
9 mitigation plans required under sec-
10 tion 322 of the Robert T. Stafford
11 Disaster Relief and Emergency Assist-
12 ance Act (42 U.S.C. 5165).
13 ‘‘(iv) CONSULTATION.—The assess-
14 ment described in this subparagraph shall
15 be developed in consultation, as appro-
16 priate, with State, local, and Tribal offi-
17 cials responsible for land use, housing, re-
18 silience, hazard mitigation, and emergency
19 management.’’.
20 (B) RESILIENCE PROJECTS.—Section
21 5303(j)(3) of title 49, United States Code, is
22 amended by adding at the end the following:
23 ‘‘(E) RESILIENCE PROJECTS.—The TIP
24 shall—
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1 ‘‘(i) identify projects that address the
2 vulnerabilities identified by the assessment
3 in subsection (i)(2)(I)(iii); and
4 ‘‘(ii) describe how each project identi-
5 fied under clause (i) would improve the re-
6 silience of the transportation system.’’.
7 (c) STATEWIDE AND NONMETROPOLITAN PLAN-
8 NING.—
9 (1) AMENDMENTS TO TITLE 23.—
10 (A) CLIMATE CHANGE AND RESILIENCE.—
11 Section 135(f) of title 23, United States Code,
12 is amended by adding at the end the following:
13 ‘‘(10) CLIMATE CHANGE AND RESILIENCE.—
14 ‘‘(A) IN GENERAL.—The transportation
15 planning process shall assess strategies to re-
16 duce the climate change impacts of the surface
17 transportation system and conduct a vulner-
18 ability assessment to identify opportunities to
19 enhance the resilience of the surface transpor-
20 tation system and ensure the efficient use of
21 Federal resources.
22 ‘‘(B) CLIMATE CHANGE MITIGATION AND
23 IMPACTS.—A long-range transportation plan
24 shall—
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1 ‘‘(i) identify investments and strate-
2 gies to reduce transportation-related
3 sources of greenhouse gas emissions per
4 capita;
5 ‘‘(ii) identify investments and strate-
6 gies to manage transportation demand and
7 increase the rates of public transportation
8 ridership, walking, bicycling, and carpools;
9 and
10 ‘‘(iii) recommend zoning and other
11 land use policies that would support infill,
12 transit-oriented development, and mixed
13 use development.
14 ‘‘(C) VULNERABILITY ASSESSMENT.—A
15 long-range transportation plan shall incorporate
16 a vulnerability assessment that—
17 ‘‘(i) includes a risk-based assessment
18 of vulnerabilities of critical transportation
19 assets and systems to covered events (as
20 such term is defined in section 124);
21 ‘‘(ii) considers, as applicable, the risk
22 management analysis in the State’s asset
23 management plan developed pursuant to
24 section 119, and the State’s evaluation of
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1 reasonable alternatives to repeatedly dam-
2 aged facilities;
3 ‘‘(iii) identifies evacuation routes, as-
4 sesses the ability of any such routes to pro-
5 vide safe passage for evacuation and emer-
6 gency response during an emergency event,
7 and identifies any improvements or redun-
8 dant facilities necessary to adequately fa-
9 cilitate safe passage;
10 ‘‘(iv) describes the metropolitan plan-
11 ning organization’s adaptation and resil-
12 ience improvement strategies that will in-
13 form the transportation investment deci-
14 sions of the metropolitan planning organi-
15 zation; and
16 ‘‘(v) is consistent with and com-
17 plementary of the State and local mitiga-
18 tion plans required under section 322 of
19 the Robert T. Stafford Disaster Relief and
20 Emergency Assistance Act (42 U.S.C.
21 5165).
22 ‘‘(D) CONSULTATION.—The assessment
23 described in this subparagraph shall be devel-
24 oped in consultation with, as appropriate, State,
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1 use, housing, resilience, hazard mitigation, and
2 emergency management.’’.
3 (B) RESILIENCE PROJECTS.—Section
4 135(g)(5)(B) of title 23, United States Code, is
5 amended by adding at the end the following:
6 ‘‘(iii) RESILIENCE PROJECTS.—The
7 STIP shall—
8 ‘‘(I) identify projects that ad-
9 dress the vulnerabilities identified by
10 the assessment in subsection
11 (i)(10)(B); and
12 ‘‘(II) describe how each project
13 identified under subclause (I) would
14 improve the resilience of the transpor-
15 tation system.’’.
16 (2) AMENDMENTS TO TITLE 49.—
17 (A) CLIMATE CHANGE AND RESILIENCE.—
18 Section 5304(f) of title 49, United States Code,
19 is amended by adding at the end the following:
20 ‘‘(10) CLIMATE CHANGE AND RESILIENCE.—
21 ‘‘(A) IN GENERAL.—The transportation
22 planning process shall assess strategies to re-
23 duce the climate change impacts of the surface
24 transportation system and conduct a vulner-
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1 enhance the resilience of the surface transpor-
2 tation system and ensure the efficient use of
3 Federal resources.
4 ‘‘(B) CLIMATE CHANGE MITIGATION AND
5 IMPACTS.—A long-range transportation plan
6 shall—
7 ‘‘(i) identify investments and strate-
8 gies to reduce transportation-related
9 sources of greenhouse gas emissions per
10 capita;
11 ‘‘(ii) identify investments and strate-
12 gies to manage transportation demand and
13 increase the rates of public transportation
14 ridership, walking, bicycling, and carpools;
15 and
16 ‘‘(iii) recommend zoning and other
17 land use policies that would support infill,
18 transit-oriented development, and mixed
19 use development.
20 ‘‘(C) VULNERABILITY ASSESSMENT.—A
21 long-range transportation plan shall incorporate
22 a vulnerability assessment that—
23 ‘‘(i) includes a risk-based assessment
24 of vulnerabilities of critical transportation
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1 such term is defined in section 124 of title
2 23);
3 ‘‘(ii) considers, as applicable, the risk
4 management analysis in the State’s asset
5 management plan developed pursuant to
6 section 119 of title 23, and the State’s
7 evaluation of reasonable alternatives to re-
8 peatedly damaged facilities;
9 ‘‘(iii) identifies evacuation routes, as-
10 sesses the ability of any such routes to pro-
11 vide safe passage for evacuation and emer-
12 gency response during an emergency event,
13 and identifies any improvements or redun-
14 dant facilities necessary to adequately fa-
15 cilitate safe passage;
16 ‘‘(iv) describes the metropolitan plan-
17 ning organization’s adaptation and resil-
18 ience improvement strategies that will in-
19 form the transportation investment deci-
20 sions of the metropolitan planning organi-
21 zation; and
22 ‘‘(v) is consistent with and com-
23 plementary of the State and local mitiga-
24 tion plans required under section 322 of
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1 Emergency Assistance Act (42 U.S.C.
2 5165).
3 ‘‘(D) CONSULTATION.—The assessment
4 described in this subparagraph shall be devel-
5 oped in consultation with, as appropriate, State,
6 local, and Tribal officials responsible for land
7 use, housing, resilience, hazard mitigation, and
8 emergency management.’’.
9 (B) RESILIENCE PROJECTS.—Section
10 5304(g)(5)(B) of title 49, United States Code,
11 is amended by adding at the end the following:
12 ‘‘(iii) RESILIENCE PROJECTS.—The
13 STIP shall—
14 ‘‘(I) identify projects that ad-
15 dress the vulnerabilities identified by
16 the assessment in subsection
17 (i)(10)(B); and
18 ‘‘(II) describe how each project
19 identified under subclause (I) would
20 improve the resilience of the transpor-
21 tation system.’’.
22 SEC. 1203. EMERGENCY RELIEF.
23 (a) IN GENERAL.—Section 125 of title 23, United
24 States Code, is amended—
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1 (1) in subsection (a)(1) by inserting ‘‘wildfire,’’
2 after ‘‘severe storm,’’;
3 (2) by striking subsection (b);
4 (3) in subsection (c)(2)(A) by striking ‘‘in any
5 1 fiscal year commencing after September 30,
6 1980,’’ and inserting ‘‘in any fiscal year’’;
7 (4) in subsection (d)—
8 (A) in paragraph (3)(C) by striking ‘‘sub-
9 section (e)(1)’’ and inserting ‘‘subsection (g)’’;
10 (B) by redesignating paragraphs (3), (4),
11 and (5) as paragraphs (4), (5), and (6), respec-
12 tively; and
13 (C) by striking paragraphs (1) and (2) and
14 inserting the following:
15 ‘‘(1) IN GENERAL.—The Secretary may expend
16 funds from the emergency fund authorized by this
17 section only for the repair or reconstruction of high-
18 ways on Federal-aid highways in accordance with
19 this chapter.
20 ‘‘(2) RESTRICTIONS.—
21 ‘‘(A) IN GENERAL.—No funds shall be ex-
22 pended from the emergency fund authorized by
23 this section unless—
24 ‘‘(i) an emergency has been declared
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1 rence by the Secretary, unless the Presi-
2 dent has declared the emergency to be a
3 major disaster for the purposes of the Rob-
4 ert T. Stafford Disaster Relief and Emer-
5 gency Assistance Act (42 U.S.C. 5121 et
6 seq.) for which concurrence of the Sec-
7 retary is not required; and
8 ‘‘(ii) the Secretary has received an ap-
9 plication from the State transportation de-
10 partment that includes a comprehensive
11 list of all eligible project sites and repair
12 costs by not later than 6 years after the
13 natural disaster or catastrophic failure.
14 ‘‘(B) COST LIMITATION.—The total cost of
15 a project funded under this section may not ex-
16 ceed the cost of repair or reconstruction of a
17 comparable facility unless the Secretary deter-
18 mines that the project incorporates economi-
19 cally justified betterments, including protective
20 features to increase the resilience of the facility.
21 ‘‘(3) SPECIAL RULE FOR BRIDGE PROJECTS.—
22 In no case shall funds be used under this section for
23 the repair or reconstruction of a bridge—
24 ‘‘(A) that has been permanently closed to
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1 local official because of imminent danger of col-
2 lapse due to a structural deficiency or physical
3 deterioration; or
4 ‘‘(B) if a construction phase of a replace-
5 ment structure is included in the approved
6 statewide transportation improvement program
7 at the time of an event described in subsection
8 (a).’’;
9 (5) in subsection (e)—
10 (A) by striking paragraph (1);
11 (B) in paragraph (2) by striking ‘‘sub-
12 section (d)(1)’’ and inserting ‘‘subsection
13 (c)(1)’’; and
14 (C) by redesignating paragraphs (2) and
15 (3), as amended, as paragraphs (1) and (2), re-
16 spectively;
17 (6) by redesignating subsections (c) through
18 (g), as amended, as subsections (b) through (f), re-
19 spectively; and
20 (7) by adding at the end the following:
21 ‘‘(g) DEFINITIONS.—In this section:
22 ‘‘(1) COMPARABLE FACILITY.—The term ‘com-
23 parable facility’ means a facility that meets the cur-
24 rent geometric and construction standards required
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1 for the types and volume of traffic that the facility
2 will carry over its design life.
3 ‘‘(2) CONSTRUCTION PHASE.—The term ‘con-
4 struction phase’ means the phase of physical con-
5 struction of a highway or bridge facility that is sepa-
6 rate from any other identified phases, such as plan-
7 ning, design, or right-of-way phases, in the State
8 transportation improvement program.
9 ‘‘(3) OPEN TO PUBLIC TRAVEL.—The term
10 ‘open to public travel’ means with respect to a road,
11 that, except during scheduled periods, extreme
12 weather conditions, or emergencies, the road—
13 ‘‘(A) is maintained;
14 ‘‘(B) is open to the general public; and
15 ‘‘(C) can accommodate travel by a stand-
16 ard passenger vehicle, without restrictive gates
17 or prohibitive signs or regulations, other than
18 for general traffic control or restrictions based
19 on size, weight, or class of registration.
20 ‘‘(4) STANDARD PASSENGER VEHICLE.—The
21 term ‘standard passenger vehicle’ means a vehicle
22 with 6 inches of clearance from the lowest point of
23 the frame, body, suspension, or differential to the
24 ground.’’.
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25 (b) CONFORMING AMENDMENTS.—
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1 (1) FEDERAL LANDS AND TRIBAL TRANSPOR-
2 TATION PROGRAMS.—Section 201(c)(8)(A) of title
3 23, United States Code, is amended by striking
4 ‘‘section 125(e)’’ and inserting ‘‘section 125(g)’’.
5 (2) TRIBAL TRANSPORTATION PROGRAM.—Sec-
6 tion 202(b)(6)(A) of title 23, United States Code, is
7 amended by striking ‘‘section 125(e)’’ and inserting
8 ‘‘section 125(d)’’.
9 SEC. 1204. RAILWAY CROSSINGS.
10 (a) IN GENERAL.—Section 130 of title 23, United
11 States Code, is amended—
12 (1) in the section heading by striking ‘‘Rail-
13 way-highway crossings’’ and inserting ‘‘Rail-
14 way crossings’’;
15 (2) in subsection (a)—
16 (A) by striking ‘‘Subject to section 120
17 and subsection (b) of this section, the entire’’
18 and inserting ‘‘IN GENERAL.—The’’;
19 (B) by striking ‘‘then the entire’’ and in-
20 serting ‘‘the’’; and
21 (C) by striking ‘‘, subject to section 120
22 and subsection (b) of this section,’’;
23 (3) by amending subsection (b) to read as fol-
24 lows:
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25 ‘‘(b) CLASSIFICATION.—
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1 ‘‘(1) IN GENERAL.—The construction of
2 projects for the elimination of hazards at railway
3 crossings represents a benefit to the railroad. The
4 Secretary shall classify the various types of projects
5 involved in the elimination of hazards of railway-
6 highway crossings, and shall set for each such classi-
7 fication a percentage of the total project cost that
8 represent the benefit to the railroad or railroads for
9 the purpose of determining the railroad’s share of
10 the total project cost. The Secretary shall determine
11 the appropriate classification of each project.
12 ‘‘(2) NONCASH CONTRIBUTIONS.—
13 ‘‘(A) IN GENERAL.—Not more than 5 per-
14 cent of the cost share described in paragraph
15 (1) may be attributable to noncash contribu-
16 tions of materials and labor furnished by the
17 railroad in connection with the construction of
18 such project.
19 ‘‘(B) REQUIREMENT.—The requirements
20 under section 200.306 and 200.403(g) of title
21 2, Code of Federal Regulations (or successor
22 regulations), shall apply to any noncash con-
23 tributions under this subsection.
24 ‘‘(3) TOTAL PROJECT COST.—For the purposes
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1 road’s share of the total project cost shall include
2 environment, design, right-of-way, utility accommo-
3 dation, and construction phases of the project.’’;
4 (4) in subsection (c)—
5 (A) by striking ‘‘Any railroad involved’’
6 and inserting ‘‘BENEFIT.—Any railroad in-
7 volved’’;
8 (B) by striking ‘‘the net benefit’’ and in-
9 serting ‘‘the cost associated with the benefit’’;
10 and
11 (C) by striking ‘‘Such payment may con-
12 sist in whole or in part of materials and labor
13 furnished by the railroad in connection with the
14 construction of such project.’’;
15 (5) by striking subsection (e) and inserting the
16 following:
17 ‘‘(e) RAILWAY CROSSINGS.—
18 ‘‘(1) ELIGIBLE ACTIVITIES.—Funds appor-
19 tioned to a State under section 104(b)(7) may be ob-
20 ligated for the following:
21 ‘‘(A) The elimination of hazards at rail-
22 way-highway crossings, including technology or
23 protective upgrades.
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1 ‘‘(B) Construction (including installation
2 and replacement) of protective devices at rail-
3 way-highway crossings.
4 ‘‘(C) Infrastructure and noninfrastructure
5 projects and strategies to prevent or reduce sui-
6 cide or trespasser fatalities and injuries along
7 railroad rights-of-way and at or near railway-
8 highway crossings.
9 ‘‘(D) Projects to mitigate any degradation
10 in the level of access from a highway-grade
11 crossing closure.
12 ‘‘(E) Bicycle and pedestrian railway grade
13 crossing improvements, including underpasses
14 and overpasses.
15 ‘‘(F) Projects eligible under section
16 22907(c)(5) of title 49, provided that amounts
17 obligated under this subparagraph—
18 ‘‘(i) shall be administered by the Sec-
19 retary in accordance with such section as
20 if such amounts were made available to
21 carry out such section; and
22 ‘‘(ii) may be used to pay up to 90 per-
23 cent of the non-Federal share of the cost
24 of a project carried out under such section.
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1 ‘‘(2) SPECIAL RULE.—If a State demonstrates
2 to the satisfaction of the Secretary that the State
3 has met all its needs for installation of protective de-
4 vices at railway-highway crossings, the State may
5 use funds made available by this section for other
6 highway safety improvement program purposes.’’;
7 (6) by striking subsection (f) and inserting the
8 following:
9 ‘‘(f) FEDERAL SHARE.—Notwithstanding section
10 120, the Federal share payable on account of any project
11 financed with funds made available to carry out subsection
12 (e) shall be up to 90 percent of the cost thereof.’’;
13 (7) by striking subsection (g) and inserting the
14 following:
15 ‘‘(g) REPORT.—
16 ‘‘(1) STATE REPORT.—
17 ‘‘(A) IN GENERAL.—Not later than 2 years
18 after the date of enactment of the INVEST in
19 America Act, and at least biennially thereafter,
20 each State shall submit to the Secretary a re-
21 port on the progress being made to implement
22 the railway crossings program authorized by
23 this section and the effectiveness of such im-
24 provements.
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1 ‘‘(B) CONTENTS.—Each State report
2 under subparagraph (A) shall contain an as-
3 sessment of the costs of the various treatments
4 employed and subsequent accident experience at
5 improved locations.
6 ‘‘(2) DEPARTMENTAL REPORT.—
7 ‘‘(A) IN GENERAL.—Not later than 180
8 days after the deadline for the submission of a
9 report under paragraph (1)(A), the Secretary
10 shall publish on the website of the Department
11 of Transportation a report on the progress
12 being made by the State in implementing
13 projects to improve railway-highway crossings.
14 ‘‘(B) CONTENTS.—The report under sub-
15 paragraph (A) shall include—
16 ‘‘(i) the number of projects under-
17 taken;
18 ‘‘(ii) distribution of such projects by
19 cost range, road system, nature of treat-
20 ment, and subsequent accident experience
21 at improved locations;
22 ‘‘(iii) an analysis and evaluation of
23 each State program;
24 ‘‘(iv) the identification of any State
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1 schedule of improvements required by sub-
2 section (d); and
3 ‘‘(v) recommendations for future im-
4 plementation of the railway crossings pro-
5 gram.’’;
6 (8) in subsection (j)—
7 (A) in the heading by inserting ‘‘AND PE-
8 DESTRIAN’’ after ‘‘BICYCLE’’; and
9 (B) by inserting ‘‘and pedestrian’’ after
10 ‘‘bicycle’’; and
11 (9) in subsection (l)—
12 (A) in paragraph (1) by striking ‘‘Not
13 later than’’ and all that follows through ‘‘each
14 State’’ and inserting ‘‘Not later than 6 months
15 after a new railway crossing becomes oper-
16 ational, each State’’; and
17 (B) in paragraph (2) by striking ‘‘On a
18 periodic’’ and all that follows through ‘‘every
19 year thereafter’’ and inserting ‘‘On or before
20 September 30 of each year’’.
21 (b) CLERICAL AMENDMENT.—The analysis for chap-
22 ter 1 of title 23, United States Code, is amended by
23 amending the item relating to section 130 to read as fol-
24 lows:
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1 (c) GAO STUDY.—Not later than 2 years after the
2 date of enactment of this Act, the Comptroller General
3 of the United States shall submit to Congress a report
4 that includes an analysis of the effectiveness of the railway
5 crossing program under section 130 of title 23, United
6 States Code.
7 (d) SENSE OF CONGRESS RELATING TO TRESPASSER
8 DEATHS ALONG RAILROAD RIGHTS-OF-WAY.—It is the
9 sense of Congress that the Department of Transportation
10 should, where feasible, coordinate departmental efforts to
11 prevent or reduce trespasser deaths along railroad rights-
12 of-way and at or near railway-highway crossings.
13 SEC. 1205. SURFACE TRANSPORTATION PROGRAM.
14 (a) IN GENERAL.—Section 133 of title 23, United
15 States Code, is amended—
16 (1) in the heading by striking ‘‘block grant’’;
17 (2) in subsection (a) by striking ‘‘block grant’’;
18 (3) in subsection (b)—
19 (A) by striking ‘‘block grant’’;
20 (B) in paragraph (4) by striking ‘‘railway-
21 highway grade crossings’’ and inserting
22 ‘‘projects eligible under section 130 and instal-
23 lation of safety barriers and nets on bridges’’;
24 (C) in paragraph (6)—
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1 (i) by striking ‘‘Recreational’’ and in-
2 serting ‘‘Transportation alternatives
3 projects eligible under subsection (h), rec-
4 reational’’; and
5 (ii) by striking ‘‘1404 of SAFETEA–
6 LU (23 U.S.C. 402 note)’’ and inserting
7 ‘‘211’’; and
8 (D) by adding at the end the following:
9 ‘‘(16) Protective features (including natural in-
10 frastructure) to enhance the resiliency of a transpor-
11 tation facility otherwise eligible for assistance under
12 this section.
13 ‘‘(17) Projects to reduce greenhouse gas emis-
14 sions eligible under section 171, including the instal-
15 lation of electric vehicle charging infrastructure.
16 ‘‘(18) Projects and strategies to reduce vehicle-
17 caused wildlife mortality related to, or to restore and
18 maintain connectivity among terrestrial or aquatic
19 habitats affected by, a transportation facility other-
20 wise eligible for assistance under this section.’’;
21 (4) in subsection (c)—
22 (A) by striking ‘‘block grant’’ and inserting
23 ‘‘program’’;
24 (B) by striking paragraph (3) and insert-
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1 ‘‘(3) for a project described in—
2 ‘‘(A) subsection (h); or
3 ‘‘(B) section 101(a)(29), as in effect on
4 the day before the date of enactment of the
5 FAST Act;’’;
6 (C) by redesignating paragraph (4) as
7 paragraph (5); and
8 (D) by inserting after paragraph (3) the
9 following:
10 ‘‘(4) for a project described in section 5308 of
11 title 49; and’’;
12 (5) in subsection (d)—
13 (A) in paragraph (1)—
14 (i) by inserting ‘‘each fiscal year’’
15 after ‘‘apportioned to a State’’;
16 (ii) by striking ‘‘the reservation of’’
17 and inserting ‘‘setting aside’’; and
18 (iii) in subparagraph (A)—
19 (I) by striking ‘‘the percentage
20 specified in paragraph (6) for a fiscal
21 year’’ and inserting ‘‘55 percent’’;
22 (II) in clause (i) by striking ‘‘of
23 over’’ and inserting ‘‘greater than’’;
24 and
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1 (III) by striking clauses (ii) and
2 (iii) and inserting the following:
3 ‘‘(ii) in urbanized areas of the State
4 with an urbanized area population greater
5 than 49,999 and less than 200,001;
6 ‘‘(iii) in urban areas of the State with
7 a population greater than 4,999 and less
8 than 50,000; and
9 ‘‘(iv) in other areas of the State with
10 a population less than 5,000; and’’;
11 (B) by striking paragraph (3) and insert-
12 ing the following:
13 ‘‘(3) LOCAL COORDINATION AND CONSULTA-
14 TION.—
15 ‘‘(A) COORDINATION WITH METROPOLITAN
16 PLANNING ORGANIZATIONS.—For purposes of
17 paragraph (1)(A)(ii), a State shall—
18 ‘‘(i) establish a process to coordinate
19 with all metropolitan planning organiza-
20 tions in the State that represent an urban-
21 ized area described in such paragraph; and
22 ‘‘(ii) describe how funds described
23 under paragraph (1)(A)(ii) will be allo-
24 cated equitably among such urbanized
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1 areas during the period of fiscal years
2 2022 through 2025.
3 ‘‘(B) JOINT RESPONSIBILITY.—Each State
4 and the Secretary shall jointly ensure compli-
5 ance with subparagraph (A).
6 ‘‘(C) CONSULTATION WITH REGIONAL
7 TRANSPORTATION PLANNING ORGANIZA-
8 TIONS.—For purposes of clauses (iii) and (iv)
9 of paragraph (1)(A), before obligating funding
10 attributed to an area with a population less
11 than 50,000, a State shall consult with the re-
12 gional transportation planning organizations
13 that represent the area, if any.’’;
14 (C) in the heading for paragraph (4) by
15 striking ‘‘OVER 200,000’’ and inserting ‘‘GREAT-
16 ER THAN 200,000’’;
17 (D) by striking paragraph (6) and insert-
18 ing the following:
19 ‘‘(6) TECHNICAL ASSISTANCE.—
20 ‘‘(A) IN GENERAL.—The State and all
21 metropolitan planning organizations in the
22 State that represent an urbanized area with a
23 population of greater than 200,000 shall jointly
24 establish a program to improve the ability of
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1 section in an efficient and expeditious manner
2 and reduce the period of time between the selec-
3 tion of the project and the obligation of funds
4 for the project by providing—
5 ‘‘(i) technical assistance and training
6 to applicants for projects under this sub-
7 section; and
8 ‘‘(ii) funding for 1 or more full-time
9 State employee positions to administer this
10 subsection.
11 ‘‘(B) ELIGIBLE FUNDS.—To carry out this
12 paragraph—
13 ‘‘(i) a State shall set aside an amount
14 equal to 1 percent of the funds available
15 under paragraph (1)(A)(i); and
16 ‘‘(ii) at the request of an eligible met-
17 ropolitan planning organization, the State
18 and metropolitan planning organization
19 may jointly agree to use additional funds
20 available under paragraph (1)(A)(i).
21 ‘‘(C) USE OF FUNDS.—Amounts used
22 under this paragraph may be expended—
23 ‘‘(i) directly by the State; or
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1 ‘‘(ii) through contracts with State
2 agencies, private entities, or nonprofit or-
3 ganizations.’’;
4 (6) in subsection (e)(1)—
5 (A) by striking ‘‘over 200,000’’ and insert-
6 ing ‘‘greater than 200,000’’; and
7 (B) by striking ‘‘2016 through 2020’’ and
8 inserting ‘‘2022 through 2025’’;
9 (7) by striking subsection (f) and inserting the
10 following:
11 ‘‘(f) BRIDGES NOT ON FEDERAL-AID HIGHWAYS.—
12 ‘‘(1) DEFINITION OF OFF-SYSTEM BRIDGE.—In
13 this subsection, the term ‘off-system bridge’ means
14 a bridge located on a public road, other than a
15 bridge on a Federal-aid highway.
16 ‘‘(2) SPECIAL RULE.—
17 ‘‘(A) SET ASIDE.—Of the amounts appor-
18 tioned to a State for each fiscal year under this
19 section other than the amounts described in
20 subparagraph (C), the State shall obligate for
21 activities described in subsection (b)(2) (as in
22 effect on the day before the date of enactment
23 of the FAST Act) for off-system bridges an
24 amount that is not less than 20 percent of the
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1 amounts available to such State in fiscal year
2 2020.
3 ‘‘(B) REDUCTION OF EXPENDITURES.—
4 The Secretary, after consultation with State
5 and local officials, may reduce the requirement
6 for expenditures for off-system bridges under
7 subparagraph (A) with respect to the State if
8 the Secretary determines that the State has in-
9 adequate needs to justify the expenditure.
10 ‘‘(C) LIMITATIONS.—The following
11 amounts shall not be used for the purposes of
12 meeting the requirements of subparagraph (A):
13 ‘‘(i) Amounts described in section
14 133(d)(1)(A).
15 ‘‘(ii) Amounts set aside under section
16 133(h).
17 ‘‘(iii) Amounts described in section
18 505(a).
19 ‘‘(3) CREDIT FOR BRIDGES NOT ON FEDERAL-
20 AID HIGHWAYS.—Notwithstanding any other provi-
21 sion of law, with respect to any project not on a
22 Federal-aid highway for the replacement of a bridge
23 or rehabilitation of a bridge that is wholly funded
24 from State and local sources, is eligible for Federal
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1 have been carried out in accordance with all stand-
2 ards applicable to such projects under this section,
3 and is determined by the Secretary upon completion
4 to be no longer a deficient bridge—
5 ‘‘(A) any amount expended after the date
6 of enactment of this subsection from State and
7 local sources for the project in excess of 20 per-
8 cent of the cost of construction of the project
9 may be credited to the non-Federal share of the
10 cost of other bridge projects in the State that
11 are eligible for Federal funds under this sec-
12 tion; and
13 ‘‘(B) that crediting shall be conducted in
14 accordance with procedures established by the
15 Secretary.’’; and
16 (8) in subsection (g)(1)—
17 (A) by striking ‘‘subsection (d)(1)(A)(ii)
18 for each of fiscal years 2016 through 2020’’
19 and inserting ‘‘subsection (d)(1)(A)(iv) for each
20 fiscal year’’;
21 (B) by inserting ‘‘rural’’ after ‘‘functionally
22 classified as’’; and
23 (C) by inserting ‘‘or on critical rural
24 freight corridors designated under section
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25 167(e)’’ after ‘‘minor collectors’’.
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1 (b) CLERICAL AMENDMENT.—The analysis for chap-
2 ter 1 of title 23, United States Code, is amended by strik-
3 ing the item relating to section 133 and inserting the fol-
4 lowing:
‘‘133. Surface transportation program.’’.
5 (c) CONFORMING AMENDMENTS.—
6 (1) ADVANCE ACQUISITION OF REAL PROP-
7 ERTY.—Section 108(c) of title 23, United States
8 Code, is amended—
9 (A) in paragraph (2)(A) by striking ‘‘block
10 grant’’; and
11 (B) in paragraph (3) by striking ‘‘block
12 grant’’.
13 (2) NONDISCRIMINATION.—Section 140(b) of
14 title 23, United States Code, is amended by striking
15 ‘‘block grant’’.
16 (3) PUBLIC TRANSPORTATION.—Section
17 142(e)(2) of title 23, United States Code, is amend-
18 ed by striking ‘‘block grant’’.
19 (4) HIGHWAY USE TAX EVASION PROJECTS.—
20 Section 143(b)(8) of title 23, United States Code, is
21 amended in the heading by striking ‘‘BLOCK
22 GRANT’’.
23 (5) CONGESTION MITIGATION AND AIR QUALITY
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24 IMPROVEMENT PROGRAM.—Section 149(d) of title
25 23, United States Code, is amended—
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1 (A) in paragraph (1)(B) by striking ‘‘block
2 grant’’; and
3 (B) in paragraph (2)(A) by striking ‘‘block
4 grant’’.
5 (6) TERRITORIAL AND PUERTO RICO HIGHWAY
6 PROGRAM.—Section 165 of title 23, United States
7 Code, is amended—
8 (A) in subsection (b)(2)(A)(ii) by striking
9 ‘‘block grant’’; and
10 (B) in subsection (c)(6)(A)(i) by striking
11 ‘‘block grant’’.
12 (7) MAGNETIC LEVITATION TRANSPORTATION
13 TECHNOLOGY DEPLOYMENT PROGRAM.—Section
14 322(h)(3) of title 23, United States Code, is amend-
15 ed by striking ‘‘block grant’’.
16 (8) TRAINING AND EDUCATION.—Section
17 504(a)(4) of title 23, United States Code, is amend-
18 ed by striking ‘‘block grant’’.
19 SEC. 1206. TRANSPORTATION ALTERNATIVES PROGRAM.
20 Section 133(h) of title 23, United States Code, is
21 amended to read as follows:
22 ‘‘(h) TRANSPORTATION ALTERNATIVES PROGRAM
23 SET-ASIDE.—
24 ‘‘(1) SET ASIDE.—For each fiscal year, of the
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1 104(b)(2) for a fiscal year, the Secretary shall set
2 aside an amount such that—
3 ‘‘(A) the Secretary sets aside a total
4 amount under this subsection for a fiscal year
5 equal to 10 percent of such total funds; and
6 ‘‘(B) the State’s share of the amount set
7 aside under subparagraph (A) is determined by
8 multiplying the amount set aside under sub-
9 paragraph (A) by the ratio that—
10 ‘‘(i) the amount apportioned to the
11 State for the transportation enhancement
12 program for fiscal year 2009 under section
13 133(d)(2), as in effect on the day before
14 the date of enactment of MAP–21; bears
15 to
16 ‘‘(ii) the total amount of funds appor-
17 tioned to all States for the transportation
18 enhancements program for fiscal year
19 2009.
20 ‘‘(2) ALLOCATION WITHIN A STATE.—
21 ‘‘(A) IN GENERAL.—Except as provided in
22 subparagraph (B), funds set aside for a State
23 under paragraph (1) shall be obligated within
24 that State in the manner described in sub-
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1 paragraph (after funds are made available
2 under paragraph (5))—
3 ‘‘(i) for each fiscal year, the percent-
4 age referred to in paragraph (1)(A) of sub-
5 section (d) shall be deemed to be 66 per-
6 cent; and
7 ‘‘(ii) paragraph (3) of subsection (d)
8 shall not apply.
9 ‘‘(B) LOCAL CONTROL.—
10 ‘‘(i) IN GENERAL.—A State may make
11 available up to 100 percent of the funds
12 set aside under paragraph (1) to the enti-
13 ties described in subclause (I) if the State
14 submits to the Secretary, and the Sec-
15 retary approves, a plan that describes—
16 ‘‘(I) how such funds shall be
17 made available to metropolitan plan-
18 ning organizations, regional transpor-
19 tation planning organizations, coun-
20 ties, or other regional transportation
21 authorities;
22 ‘‘(II) how the entities described
23 in subclause (I) shall select projects
24 for funding and how such entities
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1 shall report selected projects to the
2 State;
3 ‘‘(III) the legal, financial, and
4 technical capacity of such entities; and
5 ‘‘(IV) the procedures in place to
6 ensure such entities comply with the
7 requirements of this title.
8 ‘‘(ii) REQUIREMENT.—A State that
9 makes funding available under a plan ap-
10 proved under this subparagraph shall make
11 available an equivalent amount of obliga-
12 tion authority to the entities described in
13 clause (i)(I).
14 ‘‘(3) ELIGIBLE PROJECTS.—Funds set aside
15 under this subsection may be obligated for any of
16 the following projects or activities:
17 ‘‘(A) Construction, planning, and design of
18 on-road and off-road trail facilities for pedes-
19 trians, bicyclists, and other nonmotorized forms
20 of transportation, including sidewalks, bicycle
21 infrastructure, pedestrian and bicycle signals,
22 traffic calming techniques, lighting and other
23 safety-related infrastructure, and transportation
24 projects to achieve compliance with the Ameri-
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1 cans with Disabilities Act of 1990 (42 U.S.C.
2 12101 et seq.).
3 ‘‘(B) Construction, planning, and design of
4 infrastructure-related projects and systems that
5 will provide safe routes for nondrivers, includ-
6 ing children, older adults, and individuals with
7 disabilities to access daily needs.
8 ‘‘(C) Conversion and use of abandoned
9 railroad corridors for trails for pedestrians,
10 bicyclists, or other nonmotorized transportation
11 users.
12 ‘‘(D) Construction of turnouts, overlooks,
13 and viewing areas.
14 ‘‘(E) Community improvement activities,
15 including—
16 ‘‘(i) inventory, control, or removal of
17 outdoor advertising;
18 ‘‘(ii) historic preservation and reha-
19 bilitation of historic transportation facili-
20 ties;
21 ‘‘(iii) vegetation management prac-
22 tices in transportation rights-of-way to im-
23 prove roadway safety, prevent against
24 invasive species, and provide erosion con-
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1 ‘‘(iv) archaeological activities relating
2 to impacts from implementation of a trans-
3 portation project eligible under this title.
4 ‘‘(F) Any environmental mitigation activ-
5 ity, including pollution prevention and pollution
6 abatement activities and mitigation to address
7 stormwater management, control, and water
8 pollution prevention or abatement related to
9 highway construction or due to highway runoff,
10 including activities described in sections 328(a)
11 and 329.
12 ‘‘(G) Projects and strategies to reduce ve-
13 hicle-caused wildlife mortality related to, or to
14 restore and maintain connectivity among terres-
15 trial or aquatic habitats affected by, a transpor-
16 tation facility otherwise eligible for assistance
17 under this subsection.
18 ‘‘(H) The recreational trails program
19 under section 206.
20 ‘‘(I) The safe routes to school program
21 under section 211.
22 ‘‘(J) Activities in furtherance of a vulner-
23 able road user assessment described in section
24 148.
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1 ‘‘(K) Any other projects or activities de-
2 scribed in section 101(a)(29) or section 213, as
3 such sections were in effect on the day before
4 the date of enactment of the FAST Act (Public
5 Law 114–94).
6 ‘‘(4) ACCESS TO FUNDS.—
7 ‘‘(A) IN GENERAL.—A State or metropoli-
8 tan planning organization required to obligate
9 funds in accordance with paragraph (2) shall
10 develop a competitive process to allow eligible
11 entities to submit projects for funding that
12 achieve the objectives of this subsection. A met-
13 ropolitan planning organization for an area de-
14 scribed in subsection (d)(1)(A)(i) shall select
15 projects under such process in consultation with
16 the relevant State.
17 ‘‘(B) ELIGIBLE ENTITY DEFINED.—In this
18 paragraph, the term ‘eligible entity’ means—
19 ‘‘(i) a local government;
20 ‘‘(ii) a regional transportation author-
21 ity;
22 ‘‘(iii) a transit agency;
23 ‘‘(iv) a natural resource or public land
24 agency;
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1 ‘‘(v) a school district, local education
2 agency, or school;
3 ‘‘(vi) a tribal government;
4 ‘‘(vii) a metropolitan planning organi-
5 zation that serves an urbanized area with
6 a population of 200,000 or fewer;
7 ‘‘(viii) a nonprofit organization car-
8 rying out activities related to transpor-
9 tation;
10 ‘‘(ix) any other local or regional gov-
11 ernmental entity with responsibility for or
12 oversight of transportation or recreational
13 trails (other than a metropolitan planning
14 organization that serves an urbanized area
15 with a population of over 200,000 or a
16 State agency) that the State determines to
17 be eligible, consistent with the goals of this
18 subsection; and
19 ‘‘(x) a State, at the request of any en-
20 tity listed in clauses (i) through (x).
21 ‘‘(5) CONTINUATION OF CERTAIN REC-
22 REATIONAL TRAILS PROJECTS.—
23 ‘‘(A) IN GENERAL.—For each fiscal year, a
24 State shall—
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1 ‘‘(i) obligate an amount of funds set
2 aside under this subsection equal to 175
3 percent of the amount of the funds appor-
4 tioned to the State for fiscal year 2009
5 under section 104(h)(2), as in effect on the
6 day before the date of enactment of MAP–
7 21, for projects relating to recreational
8 trails under section 206;
9 ‘‘(ii) return 1 percent of the funds de-
10 scribed in clause (i) to the Secretary for
11 the administration of such program; and
12 ‘‘(iii) comply with the provisions of
13 the administration of the recreational trails
14 program under section 206, including the
15 use of apportioned funds described in sub-
16 section (d)(3)(A) of such section.
17 ‘‘(B) STATE FLEXIBILITY.—A State may
18 opt out of the recreational trails program under
19 this paragraph if the Governor of the State no-
20 tifies the Secretary not later than 30 days prior
21 to the date on which an apportionment is made
22 under section 104 for any fiscal year.
23 ‘‘(6) IMPROVING ACCESSIBILITY AND EFFI-
24 CIENCY.—
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1 ‘‘(A) IN GENERAL.—A State may use an
2 amount equal to not more than 5 percent of the
3 funds set aside for the State under this sub-
4 section, after allocating funds in accordance
5 with paragraph (2)(A), to improve the ability of
6 applicants to access funding for projects under
7 this subsection in an efficient and expeditious
8 manner by providing—
9 ‘‘(i) to applicants for projects under
10 this subsection application assistance, tech-
11 nical assistance, and assistance in reducing
12 the period of time between the selection of
13 the project and the obligation of funds for
14 the project; and
15 ‘‘(ii) funding for 1 or more full-time
16 State employee positions to administer this
17 subsection.
18 ‘‘(B) USE OF FUNDS.—Amounts used
19 under subparagraph (A) may be expended—
20 ‘‘(i) directly by the State; or
21 ‘‘(ii) through contracts with State
22 agencies, private entities, or nonprofit enti-
23 ties.
24 ‘‘(7) FEDERAL SHARE.—
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1 ‘‘(i) IN GENERAL.—Notwithstanding
2 section 120—
3 ‘‘(I) the non-Federal share for a
4 project under this subsection may be
5 calculated on a project, multiple-
6 project, or program basis; and
7 ‘‘(II) the Federal share of the
8 cost of an individual project in this
9 subsection may be up to 100 percent.
10 ‘‘(ii) AGGREGATE NON-FEDERAL
11 SHARE.—The average annual non-Federal
12 share of the total cost of all projects for
13 which funds are obligated under this sub-
14 section in a State for a fiscal year shall be
15 not less than the non-Federal share au-
16 thorized for the State under section
17 120(b).
18 ‘‘(iii) REQUIREMENT.—This subpara-
19 graph shall only apply to a State if such
20 State has adequate financial controls, as
21 certified by the Secretary, to account for
22 the average annual non-Federal share
23 under this subparagraph.
24 ‘‘(B) SAFETY PROJECTS.—Notwith-
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1 carry out section 148 may be credited toward
2 the non-Federal share of the costs of a project
3 under this subsection if the project—
4 ‘‘(i) is a project described in section
5 148(e)(1); and
6 ‘‘(ii) is consistent with the State stra-
7 tegic highway safety plan (as defined in
8 section 148(a)).
9 ‘‘(8) FLEXIBILITY.—
10 ‘‘(A) STATE AUTHORITY.—
11 ‘‘(i) IN GENERAL.—A State may use
12 not more than 50 percent of the funds set
13 aside under this subsection that are avail-
14 able for obligation in any area of the State
15 (suballocated consistent with the require-
16 ments of subsection (d)(1)(B)) for any
17 purpose eligible under subsection (b).
18 ‘‘(ii) RESTRICTION.—Funds may be
19 used as described in clause (i) only if the
20 State demonstrates to the Secretary that
21 the State—
22 ‘‘(I) held a competition in compli-
23 ance with the requirements of this
24 subsection in such form as the Sec-
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1 ‘‘(II) offered technical assistance
2 to all eligible entities and provided
3 such assistance upon request by an el-
4 igible entity; and
5 ‘‘(III) demonstrates that there
6 were not sufficient suitable applica-
7 tions from eligible entities to use the
8 funds described in clause (i).
9 ‘‘(B) MPO AUTHORITY.—
10 ‘‘(i) IN GENERAL.—A metropolitan
11 planning organization that represents an
12 urbanized area with a population of great-
13 er than 200,000 may use not more than
14 50 percent of the funds set aside under
15 this subsection for an urbanized area de-
16 scribed in subsection (d)(1)(A)(i) for any
17 purpose eligible under subsection (b).
18 ‘‘(ii) RESTRICTION.—Funds may be
19 used as described in clause (i) only if the
20 Secretary certifies that the metropolitan
21 planning organization—
22 ‘‘(I) held a competition in compli-
23 ance with the requirements of this
24 subsection in such form as the Sec-
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1 ‘‘(II) demonstrates that there
2 were not sufficient suitable applica-
3 tions from eligible entities to use the
4 funds described in clause (i).
5 ‘‘(9) ANNUAL REPORTS.—
6 ‘‘(A) IN GENERAL.—Each State or metro-
7 politan planning organization responsible for
8 carrying out the requirements of this subsection
9 shall submit to the Secretary an annual report
10 that describes—
11 ‘‘(i) the number of project applica-
12 tions received for each fiscal year, includ-
13 ing—
14 ‘‘(I) the aggregate cost of the
15 projects for which applications are re-
16 ceived; and
17 ‘‘(II) the types of projects to be
18 carried out, expressed as percentages
19 of the total apportionment of the
20 State under this subsection; and
21 ‘‘(ii) the list of each project selected
22 for funding for each fiscal year, including
23 specifying the fiscal year for which the
24 project was selected, the fiscal year in
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1 ed, the recipient, the location, the type,
2 and a brief description.
3 ‘‘(B) PUBLIC AVAILABILITY.—The Sec-
4 retary shall make available to the public, in a
5 user-friendly format on the website of the De-
6 partment of Transportation, a copy of each an-
7 nual report submitted under subparagraph
8 (A).’’.
9 SEC. 1207. BRIDGE INVESTMENT.
10 (a) IN GENERAL.—Section 144 of title 23, United
11 States Code, is amended—
12 (1) in the section heading by striking ‘‘Na-
13 tional bridge and tunnel inventory and
14 inspection standards’’ and inserting
15 ‘‘Bridges and tunnels’’;
16 (2) in subsection (a)(1)(B) by striking ‘‘defi-
17 cient’’;
18 (3) in subsection (b)(5) by striking ‘‘struc-
19 turally deficient bridge’’ and inserting ‘‘bridge classi-
20 fied as in poor condition’’;
21 (4) in subsection (d)—
22 (A) in paragraph (2) by striking ‘‘Not
23 later than 2 years after the date of enactment
24 of the MAP–21, each’’ and inserting ‘‘Each’’;
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25 and
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1 (B) by striking paragraph (4);
2 (5) in subsection (j)—
3 (A) in paragraph (2) by inserting ‘‘, 124,’’
4 after ‘‘section 119’’;
5 (B) in paragraph (3)(A) by inserting ‘‘,
6 124,’’ after ‘‘section 119’’; and
7 (C) in paragraph (5) by striking ‘‘financial
8 characteristics’’ and all that follows through the
9 end and inserting ‘‘Federal share.’’; and
10 (6) by adding at the end the following:
11 ‘‘(l) HIGHWAY BRIDGE REPLACEMENT AND REHA-
12 BILITATION.—
13 ‘‘(1) GOALS.—The goals of this subsection shall
14 be to—
15 ‘‘(A) support the achievement of a state of
16 good repair for the Nation’s bridges;
17 ‘‘(B) improve the safety, efficiency, and re-
18 liability of the movement of people and freight
19 over bridges; and
20 ‘‘(C) improve the condition of bridges in
21 the United States by reducing—
22 ‘‘(i) the number of bridges—
23 ‘‘(I) in poor condition; or
24 ‘‘(II) in fair condition and at risk
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1 ‘‘(ii) the total person miles traveled
2 over bridges—
3 ‘‘(I) in poor condition; or
4 ‘‘(II) in fair condition and at risk
5 of falling into poor condition;
6 ‘‘(iii) the number of bridges that—
7 ‘‘(I) do not meet current geo-
8 metric design standards; or
9 ‘‘(II) cannot meet the load and
10 traffic requirements typical of the re-
11 gional transportation network; and
12 ‘‘(iv) the total person miles traveled
13 over bridges that—
14 ‘‘(I) do not meet current geo-
15 metric design standards; or
16 ‘‘(II) cannot meet the load and
17 traffic requirements typical of the re-
18 gional transportation network.
19 ‘‘(2) BRIDGES ON PUBLIC ROADS.—
20 ‘‘(A) MINIMUM BRIDGE INVESTMENT.—
21 Excluding the amounts described in subpara-
22 graph (C), of the total funds apportioned to a
23 State under paragraphs (1) and (2) of section
24 104(b) for fiscal years 2022 to 2025, a State
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1 shall obligate not less than 20 percent for
2 projects described in subparagraph (E).
3 ‘‘(B) PROGRAM FLEXIBILITY.—A State re-
4 quired to obligate funds under subparagraph
5 (A) may use any combination of funds appor-
6 tioned to a State under paragraphs (1) and (2)
7 of section 104(b).
8 ‘‘(C) LIMITATION.—Amounts described
9 below may not be used for the purposes of cal-
10 culating or meeting the minimum bridge invest-
11 ment requirement under subparagraph (A)—
12 ‘‘(i) amounts described in section
13 133(d)(1)(A);
14 ‘‘(ii) amounts set aside under section
15 133(h); and
16 ‘‘(iii) amounts described in section
17 505(a).
18 ‘‘(D) RULE OF CONSTRUCTION.—Nothing
19 in this section shall be construed to prohibit the
20 expenditure of funds described in subparagraph
21 (C) for bridge projects eligible under such sec-
22 tion.
23 ‘‘(E) ELIGIBLE PROJECTS.—Funds re-
24 quired to be obligated in accordance with para-
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1 graph (2)(A) may be obligated for projects or
2 activities that—
3 ‘‘(i) are otherwise eligible under either
4 section 119 or section 133, as applicable;
5 ‘‘(ii) support the achievement of per-
6 formance targets of the State established
7 under section 150 or provide support for
8 the condition and performance of bridges
9 on public roads within the State; and
10 ‘‘(iii) replace, reconstruct, rehabilitate,
11 preserve, or protect a bridge included on
12 the national bridge inventory authorized by
13 subsection (b), including through—
14 ‘‘(I) seismic retrofits;
15 ‘‘(II) systematic preventive main-
16 tenance;
17 ‘‘(III) installation of scour coun-
18 termeasures;
19 ‘‘(IV) the use of innovative mate-
20 rials that extend the service life of the
21 bridge and reduce preservation costs,
22 as compared to conventionally de-
23 signed and constructed bridges;
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1 ‘‘(V) the use of nontraditional
2 production techniques, including fac-
3 tory prefabrication;
4 ‘‘(VI) painting for purposes of
5 bridge protection;
6 ‘‘(VII) application of calcium
7 magnesium acetate, sodium acetate/
8 formate, or other environmentally ac-
9 ceptable, minimally corrosive anti-
10 icing and deicing compositions;
11 ‘‘(VIII) corrosion control;
12 ‘‘(IX) construction of protective
13 features (including natural infrastruc-
14 ture) alone or in combination with
15 other activities eligible under this
16 paragraph to enhance resilience of a
17 bridge;
18 ‘‘(X) bridge security counter-
19 measures;
20 ‘‘(XI) impact protection meas-
21 ures for bridges;
22 ‘‘(XII) inspection and evaluation
23 of bridges; and
24 ‘‘(XIII) training for bridge in-
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1 ‘‘(F) BUNDLES OF PROJECTS.—A State
2 may use a bundle of projects as described in
3 subsection (j) to satisfy the requirements of
4 subparagraph (A), if each project in the bundle
5 is otherwise eligible under subparagraph (E).
6 ‘‘(G) FLEXIBILITY.—The Secretary may,
7 at the request of a State, reduce the required
8 obligation under subparagraph (A) if—
9 ‘‘(i) the reduction is consistent with a
10 State’s asset management plan for the Na-
11 tional Highway System;
12 ‘‘(ii) the reduction will not limit a
13 State’s ability to meet its performance tar-
14 gets under section 150 or to improve the
15 condition and performance of bridges on
16 public roads within the State; and
17 ‘‘(iii) the State demonstrates that it
18 has inadequate needs to justify the expend-
19 iture.
20 ‘‘(H) BRIDGE INVESTMENT REPORT.—The
21 Secretary shall annually publish on the website
22 of the Department of Transportation a bridge
23 investment report that includes—
24 ‘‘(i) the total Federal funding obli-
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1 cent fiscal year, on a State-by-State basis
2 and broken out by Federal program;
3 ‘‘(ii) the total Federal funding obli-
4 gated, on a State-by-State basis and bro-
5 ken out by Federal program, for bridge
6 projects carried out pursuant to the min-
7 imum bridge investment requirements
8 under subparagraph (A);
9 ‘‘(iii) the progress made by each State
10 toward meeting the minimum bridge in-
11 vestment requirement under subparagraph
12 (A) for such State, both cumulatively and
13 for the most recent fiscal year;
14 ‘‘(iv) a summary of—
15 ‘‘(I) each request made under
16 subparagraph (G) by a State for a re-
17 duction in the minimum bridge invest-
18 ment requirement under subpara-
19 graph (A); and
20 ‘‘(II) for each request described
21 in subclause (I) that is granted by the
22 Secretary—
23 ‘‘(aa) the percentage and
24 dollar amount of the reduction;
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1 ‘‘(bb) an explanation of how
2 the State met each of the criteria
3 described in subparagraph (G);
4 and
5 ‘‘(v) a summary of—
6 ‘‘(I) each request made by a
7 State for a reduction in the obligation
8 requirements under section 133(f);
9 and
10 ‘‘(II) for each request that is
11 granted by the Secretary—
12 ‘‘(aa) the percentage and
13 dollar amount of the reduction;
14 and
15 ‘‘(bb) an explanation of how
16 the Secretary made the deter-
17 mination under section
18 133(f)(2)(B).
19 ‘‘(I) OFF-SYSTEM BRIDGES.—A State may
20 apply amounts obligated under this subsection
21 or section 133(f)(2)(A) to the obligation re-
22 quirements of both this subsection and section
23 133(f).
24 ‘‘(J) NHS PENALTY.—A State may apply
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1 tion 119(f)(2) to the obligation requirements of
2 both this subsection and section 119(f)(2).
3 ‘‘(K) COMPLIANCE.—If a State fails to
4 satisfy the requirements of subparagraph (A)
5 by the end of fiscal year 2025, the Secretary
6 may subject the State to appropriate program
7 sanctions under section 1.36 of title 23, Code of
8 Federal Regulations (or successor regula-
9 tions).’’.
10 (b) CLERICAL AMENDMENT.—The analysis for chap-
11 ter 1 of title 23, United States Code, is amended by strik-
12 ing the item relating to section 144 and inserting the fol-
13 lowing:
‘‘144. Bridges and tunnels.’’.
14 SEC. 1208. CONSTRUCTION OF FERRY BOATS AND FERRY
15 TERMINAL FACILITIES.
16 Section 147 of title 23, United States Code, is
17 amended—
18 (1) by striking subsection (h); and
19 (2) by redesignating subsections (i) and (j) as
20 subsections (h) and (i), respectively.
21 SEC. 1209. HIGHWAY SAFETY IMPROVEMENT PROGRAM.
22 (a) IN GENERAL.—Section 148 of title 23, United
23 States Code, is amended—
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24 (1) in subsection (a)—
25 (A) in paragraph (4)(B)—
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1 (i) by striking ‘‘only includes a
2 project’’ and inserting ‘‘includes a
3 project’’;
4 (ii) in clause (xiii) by inserting ‘‘, in-
5 cluding the development of a vulnerable
6 road user safety assessment or a vision
7 zero plan under section 1601 of the IN-
8 VEST in America Act’’ after ‘‘safety plan-
9 ning’’;
10 (iii) by amending clause (xviii) to read
11 as follows:
12 ‘‘(xviii) Safe routes to school infra-
13 structure-related projects eligible under
14 section 211.’’;
15 (iv) in clause (xxvi) by inserting ‘‘or
16 leading pedestrian intervals’’ after ‘‘hybrid
17 beacons’’; and
18 (v) by striking clause (xxviii) and in-
19 serting the following:
20 ‘‘(xxviii) A pedestrian security feature
21 designed to slow or stop a motor vehicle.
22 ‘‘(xxix) Installation of infrastructure
23 improvements, including sidewalks, cross-
24 walks, signage, and bus stop shelters or
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1 (B) in paragraph (11)—
2 (i) in subparagraph (E) by inserting
3 ‘‘Tribal,’’ after ‘‘State,’’;
4 (ii) by redesignating subparagraphs
5 (G), (H), and (I) as subparagraphs (H),
6 (I), and (J), respectively; and
7 (iii) by inserting after subparagraph
8 (F) the following:
9 ‘‘(G) includes a vulnerable road user safety
10 assessment described under paragraph (16);’’;
11 (C) by redesignating paragraphs (10),
12 (11), and (12) as paragraphs (12), (13), and
13 (14), respectively;
14 (D) by inserting after paragraph (9) the
15 following:
16 ‘‘(10) SAFE SYSTEM APPROACH.—The term
17 ‘safe system approach’ means a roadway design that
18 emphasizes minimizing the risk of injury or fatality
19 to road users and that—
20 ‘‘(A) takes into consideration the possi-
21 bility and likelihood of human error;
22 ‘‘(B) accommodates human injury toler-
23 ance by taking into consideration likely accident
24 types, resulting impact forces, and the human
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1 ‘‘(C) takes into consideration vulnerable
2 road users.
3 ‘‘(11) SPECIFIED SAFETY PROJECT.—
4 ‘‘(A) IN GENERAL.—The term ‘specified
5 safety project’ means a project carried out for
6 the purpose of safety under any other section of
7 this title that is consistent with the State stra-
8 tegic highway safety plan.
9 ‘‘(B) INCLUSION.—The term ‘specified
10 safety project’ includes a project that—
11 ‘‘(i) promotes public awareness and
12 informs the public regarding highway safe-
13 ty matters (including safety for motorcy-
14 clists, bicyclists, pedestrians, individuals
15 with disabilities, and other road users);
16 ‘‘(ii) facilitates enforcement of traffic
17 safety laws;
18 ‘‘(iii) provides infrastructure and in-
19 frastructure-related equipment to support
20 emergency services;
21 ‘‘(iv) conducts safety-related research
22 to evaluate experimental safety counter-
23 measures or equipment; or
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1 ‘‘(v) supports safe routes to school
2 noninfrastructure-related activities de-
3 scribed under section 211(e)(2).’’; and
4 (E) by adding at the end the following:
5 ‘‘(15) VULNERABLE ROAD USER.—The term
6 ‘vulnerable road user’ means a nonmotorist—
7 ‘‘(A) with a fatality analysis reporting sys-
8 tem person attribute code that is included in
9 the definition of the term ‘number of non-mo-
10 torized fatalities’ in section 490.205 of title 23,
11 Code of Federal Regulations (or successor regu-
12 lation); or
13 ‘‘(B) described in the term ‘number of
14 non-motorized serious injuries’ in such section.
15 ‘‘(16) VULNERABLE ROAD USER SAFETY AS-
16 SESSMENT.—The term ‘vulnerable road user safety
17 assessment’ means an assessment of the safety per-
18 formance of the State with respect to vulnerable
19 road users and the plan of the State to improve the
20 safety of vulnerable road users described in sub-
21 section (l).’’;
22 (2) in subsection (c)—
23 (A) in paragraph (1) by striking ‘‘(a)(11)’’
24 and inserting ‘‘(a)(13)’’; and
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1 (i) in subparagraph (A)(vi) by insert-
2 ing ‘‘, consistent with the vulnerable road
3 user safety assessment’’ after ‘‘non-
4 motorized crashes’’;
5 (ii) in subparagraph (B)(i)—
6 (I) by inserting ‘‘, consistent with
7 a safe system approach,’’ after ‘‘iden-
8 tify’’;
9 (II) by inserting ‘‘excessive de-
10 sign speeds and speed limits,’’ after
11 ‘‘crossing needs,’’; and
12 (III) by striking ‘‘motorists (in-
13 cluding motorcyclists), bicyclists, pe-
14 destrians, and other highway users’’
15 and inserting ‘‘road users’’; and
16 (iii) in subparagraph (D)(iii) by strik-
17 ing ‘‘motorists (including motorcyclists),
18 bicyclists, pedestrians, persons with disabil-
19 ities, and other highway users’’ and insert-
20 ing ‘‘road users’’;
21 (3) in subsection (d)—
22 (A) in paragraph (1)—
23 (i) in subparagraph (A) by striking
24 ‘‘Not later than 1 year after the date of
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1 enactment of the MAP–21, the’’ and in-
2 serting ‘‘The’’; and
3 (ii) in subparagraph (B)—
4 (I) in clause (iv) by inserting
5 ‘‘and serious injury’’ after ‘‘fatality’’;
6 (II) in clause (vii) by striking ‘‘;
7 and’’ and inserting a semicolon;
8 (III) by redesignating clause
9 (viii) as clause (ix); and
10 (IV) by inserting after clause
11 (vii) the following:
12 ‘‘(viii) the findings of a vulnerable
13 road user safety assessment of the State;
14 and’’; and
15 (B) in paragraph (2)(B)(i) by striking
16 ‘‘subsection (a)(11)’’ and inserting ‘‘subsection
17 (a)(13)’’;
18 (4) in subsection (e)—
19 (A) in paragraph (1)(C) by striking ‘‘,
20 without regard to whether the project is in-
21 cluded in an applicable State strategic highway
22 safety plan’’; and
23 (B) by adding at the end the following:
24 ‘‘(3) FLEXIBLE FUNDING FOR SPECIFIED SAFE-
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1 ‘‘(A) IN GENERAL.—To advance the imple-
2 mentation of a State strategic highway safety
3 plan, a State may use not more than 10 percent
4 of the amounts apportioned to the State under
5 section 104(b)(3) for a fiscal year to carry out
6 specified safety projects.
7 ‘‘(B) RULE OF STATUTORY CONSTRUC-
8 TION.—Nothing in this paragraph shall be con-
9 strued to require a State to revise any State
10 process, plan, or program in effect on the date
11 of enactment of this paragraph.
12 ‘‘(C) EFFECT OF PARAGRAPH.—
13 ‘‘(i) REQUIREMENTS.—A project
14 funded under this paragraph shall be sub-
15 ject to all requirements under this section
16 that apply to a highway safety improve-
17 ment project.
18 ‘‘(ii) OTHER APPORTIONED PRO-
19 GRAMS.—Subparagraph (A) shall not apply
20 to amounts that may be obligated for non-
21 infrastructure projects apportioned under
22 any other paragraph of section 104(b).’’;
23 (5) in subsection (g)—
24 (A) by amending paragraph (1) to read as
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1 ‘‘(1) HIGH-RISK RURAL ROAD SAFETY.—
2 ‘‘(A) IN GENERAL.—If a State determines
3 that the fatality rate on rural roads in such
4 State for the most recent 2-year period for
5 which data are available exceeds the median fa-
6 tality rate for rural roads among all States,
7 that State shall be required to—
8 ‘‘(i) obligate over the 2 fiscal years
9 following the fiscal year in which such de-
10 termination is made for projects on high-
11 risk rural roads an amount not less than
12 7.5 percent of the amounts apportioned to
13 the State under section 104(b)(3) for fiscal
14 year 2020; and
15 ‘‘(ii) include, in the subsequent update
16 to the State strategic highway safety plan,
17 strategies to reduce the fatality rate.
18 ‘‘(B) SOURCE OF FUNDS.—Any amounts
19 obligated under subparagraph (A) shall be from
20 amounts apportioned under section 104(b)(2)
21 (from the portion of such funds that are avail-
22 able for obligation in any area of the State).
23 ‘‘(C) CONSULTATION.—In carrying out a
24 project with an amount obligated under sub-
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1 applicable, local governments, metropolitan
2 planning organizations, and regional transpor-
3 tation planning organizations.’’;
4 (B) in paragraph (2)—
5 (i) in the heading by striking ‘‘DRIV-
6 ERS’’ and inserting ‘‘ROAD USERS’’; and
7 (ii) by striking ‘‘address the increases
8 in’’ and inserting ‘‘reduce’’; and
9 (C) by adding at the end the following:
10 ‘‘(3) VULNERABLE ROAD USER SAFETY.—
11 ‘‘(A) IN GENERAL.—Beginning 2 years
12 after the date of enactment of the INVEST in
13 America Act, if a State determines that the
14 number of vulnerable road user fatalities and
15 serious injuries per capita in such State over
16 the most recent 2-year period for which data
17 are available exceeds the median number of
18 such fatalities and serious injuries among all
19 States, that State shall be required to obligate
20 over the 2 fiscal years following the fiscal year
21 in which such determination is made an amount
22 that is not less than 50 percent of the amount
23 set aside in such State under section 133(h)(1)
24 for fiscal year 2020 for projects identified in
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1 the program of projects described in subsection
2 (l)(2)(C).
3 ‘‘(B) SOURCE OF FUNDS.—Any amounts
4 obligated under subparagraph (A) shall be from
5 amounts apportioned under section 104(b)(2)
6 (from the portion of such funds that are avail-
7 able for obligation in any area of the State).’’;
8 (6) in subsection (h)(1)(A) by inserting ‘‘, in-
9 cluding any efforts to reduce vehicle speed’’ after
10 ‘‘under this section’’; and
11 (7) by adding at the end the following:
12 ‘‘(l) VULNERABLE ROAD USER SAFETY ASSESS-
13 MENT.—
14 ‘‘(1) IN GENERAL.—Not later than 2 years
15 after date of enactment of the INVEST in America
16 Act, each State shall create a vulnerable road user
17 safety assessment.
18 ‘‘(2) CONTENTS.—A vulnerable road user safety
19 assessment required under paragraph (1) shall in-
20 clude—
21 ‘‘(A) a description of the location within
22 the State of each vulnerable road user fatality
23 and serious injury and the design speed of the
24 roadway at any such location;
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1 ‘‘(B) a description of any corridors identi-
2 fied by a State that pose a high risk of a vul-
3 nerable road user fatality or serious injury and
4 the design speeds of such corridors; and
5 ‘‘(C) a program of projects or strategies to
6 reduce safety risks to vulnerable road users in
7 corridors identified under subparagraph (B).
8 ‘‘(3) ANALYSIS.—In creating a vulnerable road
9 user safety assessment under this subsection, a
10 State shall assess the last 5 years of available data.
11 ‘‘(4) REQUIREMENTS.—In creating a vulnerable
12 road user safety assessment under this subsection, a
13 State shall—
14 ‘‘(A) take into consideration a safe system
15 approach; and
16 ‘‘(B) consult with local governments, met-
17 ropolitan planning organizations, and regional
18 transportation planning organizations that rep-
19 resent a high-risk area identified under para-
20 graph (2)(B).
21 ‘‘(5) UPDATE.—A State shall update a vulner-
22 able road user safety assessment on the same sched-
23 ule as the State updates the State strategic highway
24 safety plan.
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1 ‘‘(6) TRANSPORTATION SYSTEM ACCESS.—The
2 program of projects developed under paragraph
3 (2)(C) may not degrade transportation system ac-
4 cess for vulnerable road users.’’.
5 (b) TECHNICAL AMENDMENT.—Section 148 of title
6 23, United States Code, is amended—
7 (1) in the heading for subsection (a)(8) by
8 striking ‘‘ROAD USERS’’ and inserting ‘‘ROAD
9 USER’’; and
10 (2) in subsection (i)(2)(D) by striking ‘‘safety
11 safety’’ and inserting ‘‘safety’’.
12 (c) HIGH-RISK RURAL ROADS.—
13 (1) STUDY.—Not later than 2 years after the
14 date of enactment of this Act, the Secretary of
15 Transportation shall update the study described in
16 paragraph (1) of section 1112(b) of MAP–21 (23
17 U.S.C. 148 note).
18 (2) PUBLICATION OF REPORT.—Not later than
19 2 years after the date of enactment of this Act, the
20 Secretary shall publish on the website of the Depart-
21 ment of Transportation an updated report of the re-
22 port described in paragraph (2) of section 1112(b)
23 of MAP–21 (23 U.S.C. 148 note).
24 (3) BEST PRACTICES MANUAL.—Not later than
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25 180 days after the date of submission of the report
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1 described in paragraph (2), the Secretary shall up-
2 date the best practices manual described in section
3 1112(b)(3) of MAP–21 (23 U.S.C. 148 note).
4 SEC. 1210. CONGESTION MITIGATION AND AIR QUALITY IM-
5 PROVEMENT PROGRAM.
6 Section 149 of title 23, United States Code, is
7 amended—
8 (1) in subsection (b)—
9 (A) in paragraph (1)(A)(ii) by striking
10 ‘‘subsection (h)’’ and inserting ‘‘subsection (i)’’;
11 (B) in paragraph (7) by inserting ‘‘shared
12 micromobility (including bikesharing and shared
13 scooter systems),’’ after ‘‘carsharing,’’;
14 (C) in paragraph (8)(B) by striking ‘‘; or’’
15 and inserting a semicolon;
16 (D) in paragraph (9) by striking the period
17 and inserting ‘‘; or’’; and
18 (E) by adding at the end the following:
19 ‘‘(10) if the project or program mitigates sea-
20 sonal or temporary traffic congestion from long-haul
21 travel or tourism.’’;
22 (2) in subsection (c)—
23 (A) in paragraph (2)—
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1 (i) in the heading by inserting ‘‘, HY-
2 DROGEN VEHICLE,’’ after ‘‘ELECTRIC VE-
3 HICLE’’;
4 (ii) by inserting ‘‘hydrogen or’’ after
5 ‘‘charging stations or’’; and
6 (iii) by inserting ‘‘, hydrogen-pow-
7 ered,’’ after ‘‘battery powered’’; and
8 (B) in paragraph (3) by inserting ‘‘, and is
9 consistent with section 166’’ after ‘‘travel
10 times’’; and
11 (3) by striking subsection (m) and inserting the
12 following:
13 ‘‘(m) OPERATING ASSISTANCE.—
14 ‘‘(1) PROJECTS.—A State may obligate funds
15 apportioned under section 104(b)(4) in an area of
16 such State that is otherwise eligible for obligations
17 of such funds for operating costs under chapter 53
18 of title 49 or on a system for which CMAQ funding
19 was made available, obligated, or expended in fiscal
20 year 2012, or, notwithstanding subsection (b), on a
21 State-supported Amtrak route with a cost-sharing
22 agreement under section 209 of the Passenger Rail
23 Investment and Improvement Act of 2008.
24 ‘‘(2) TIME LIMITATION.—Funds obligated
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1 ‘‘(A) a time limitation of not less than 3
2 years; and
3 ‘‘(B) in the case of projects that dem-
4 onstrate continued net air quality benefits, as
5 determined annually by the Secretary in con-
6 sultation with the Administrator of the Envi-
7 ronmental Protection Agency, no imposed time
8 limitation.’’.
9 SEC. 1211. ELECTRIC VEHICLE CHARGING STATIONS.
10 (a) ELECTRIC VEHICLE CHARGING STATIONS.—
11 Chapter 1 of title 23, United States Code, is amended by
12 inserting after section 154 the following new section:
13 ‘‘§ 155. Electric vehicle charging stations
14 ‘‘(a) IN GENERAL.—Any electric vehicle charging in-
15 frastructure funded under this title shall be subject to the
16 requirements of this section.
17 ‘‘(b) INTEROPERABILITY.—
18 ‘‘(1) IN GENERAL.—Electric vehicle charging
19 stations shall provide, at a minimum, the following
20 charging connector types:
21 ‘‘(A) CCS.
22 ‘‘(B) CHAdeMO.
23 ‘‘(2) SAVINGS CLAUSE.—Nothing in this sub-
24 section shall prevent the use of charging types other
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1 a minimum, such connectors meet applicable indus-
2 try standards and are compatible with a majority of
3 electric vehicles in operation.
4 ‘‘(c) OPEN ACCESS TO PAYMENT.—Electric vehicle
5 charging stations shall provide payment methods available
6 to all members of the public to ensure secure, convenient,
7 and equal access and shall not be limited by membership
8 to a particular payment provider.
9 ‘‘(d) TREATMENT OF PROJECTS.—Notwithstanding
10 any other provision of law, any project to install electric
11 vehicle charging infrastructure shall be treated as if the
12 project is located on a Federal-aid highway.’’.
13 (b) CLERICAL AMENDMENT.—The analysis for chap-
14 ter 1 of title 23, United States Code, is amended by insert-
15 ing after the item relating to section 154 the following
16 new item:
‘‘155. Electric vehicle charging stations.’’.
17 (c) ELECTRIC VEHICLE CHARGING SIGNAGE.—The
18 Secretary of Transportation shall update the Manual on
19 Uniform Traffic Control Devices to—
20 (1) ensure uniformity in providing road users
21 direction to electric charging stations that are open
22 to the public; and
23 (2) allow the use of Specific Service signs for
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1 SEC. 1212. NATIONAL HIGHWAY FREIGHT PROGRAM.
2 Section 167 of title 23, United States Code, is
3 amended—
4 (1) in subsection (b)—
5 (A) in paragraph (6) by striking ‘‘; and’’
6 and inserting a semicolon; and
7 (B) by striking paragraph (7) and insert-
8 ing the following:
9 ‘‘(7) to reduce the environmental impacts of
10 freight movement on the National Highway Freight
11 Network, including—
12 ‘‘(A) greenhouse gas emissions;
13 ‘‘(B) local air pollution;
14 ‘‘(C) minimizing, capturing, or treating
15 stormwater runoff and addressing other adverse
16 impacts to water quality; and
17 ‘‘(D) wildlife habitat loss; and
18 ‘‘(8) to decrease any adverse impact of freight
19 transportation on communities located near freight
20 facilities or freight corridors.’’;
21 (2) in subsection (e) by adding at the end the
22 following:
23 ‘‘(3) ADDITIONAL MILEAGE.—Notwithstanding
24 paragraph (2), a State that has designated at least
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1 paragraph (2) may designate up to an additional
2 150 miles of critical rural freight corridors.’’;
3 (3) in subsection (f) by adding at the end the
4 following:
5 ‘‘(5) ADDITIONAL MILEAGE.—Notwithstanding
6 paragraph (4), a State that has designated at least
7 90 percent of its maximum mileage described in
8 paragraph (4) may designate up to an additional 75
9 miles of critical urban freight corridors under para-
10 graphs (1) and (2).’’;
11 (4) in subsection (h) by striking ‘‘Not later
12 than’’ and all that follows through ‘‘shall prepare’’
13 and inserting ‘‘As part of the report required under
14 section 503(b)(8), the Administrator shall biennially
15 prepare’’;
16 (5) in subsection (i)—
17 (A) by striking paragraphs (2) and (3);
18 (B) by amending paragraph (4) to read as
19 follows:
20 ‘‘(4) FREIGHT PLANNING.—Notwithstanding
21 any other provision of law, a State may not obligate
22 funds apportioned to the State under section
23 104(b)(5) unless the State has developed, updated,
24 or amended, as applicable, a freight plan in accord-
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25 ance with section 70202 of title 49.’’;
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1 (C) in paragraph (5)—
2 (i) by striking subparagraph (B) and
3 inserting the following:
4 ‘‘(B) LIMITATION.—The Federal share of
5 a project described in subparagraph (C)(xxiii)
6 shall fund only elements of such project that
7 provide public benefits.’’; and
8 (ii) in subparagraph (C)—
9 (I) in clause (iii) by inserting
10 ‘‘and freight management and oper-
11 ations systems’’ after ‘‘freight trans-
12 portation systems’’; and
13 (II) by amending clause (xxiii) to
14 read as follows:
15 ‘‘(xxiii) Freight intermodal or freight
16 rail projects, including—
17 ‘‘(I) projects within the bound-
18 aries of public or private freight rail
19 or water facilities (including ports);
20 ‘‘(II) projects that provide sur-
21 face transportation infrastructure nec-
22 essary to facilitate direct intermodal
23 interchange, transfer, and access into
24 or out of the facility; and
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1 ‘‘(III) any other surface trans-
2 portation project to improve the flow
3 of freight into or out of a facility de-
4 scribed in subclause (I) or (II).’’;
5 (D) in paragraph (6) by striking ‘‘para-
6 graph (5)’’ and inserting ‘‘paragraph (3)’’; and
7 (E) by redesignating paragraphs (4), (5),
8 (6), and (7) as paragraphs (2), (3), (4), and
9 (5), respectively; and
10 (6) in subsection (k)(1)(A)(ii) by striking
11 ‘‘ports-of entry’’ and inserting ‘‘ports-of-entry’’.
12 SEC. 1213. CARBON POLLUTION REDUCTION.
13 (a) IN GENERAL.—Chapter 1 of title 23, United
14 States Code, is amended by adding at the end the fol-
15 lowing:
16 ‘‘§ 171. Carbon pollution reduction
17 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab-
18 lish a carbon pollution reduction program to support the
19 reduction of greenhouse gas emissions from the surface
20 transportation system.
21 ‘‘(b) ELIGIBLE PROJECTS.—A project is eligible for
22 funding under this section if such project—
23 ‘‘(1) is expected to yield a significant reduction
24 in greenhouse gas emissions from the surface trans-
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1 ‘‘(2) will help a State meet the greenhouse gas
2 emissions performance targets established under sec-
3 tion 150(c)(7); and
4 ‘‘(3) is eligible for assistance under this title or
5 under chapter 53 of title 49; or
6 ‘‘(4) is a capital project, as such term is defined
7 in section 22906 of title 49, to improve intercity rail
8 passenger transportation, provided that the project
9 will yield a significant reduction in single occupant
10 vehicle trips and improve mobility on public roads.
11 ‘‘(c) GUIDANCE.—The Secretary shall issue guidance
12 on methods of determining the reduction of single occu-
13 pant vehicle trips and improvement of mobility on public
14 roads as those factors relate to intercity rail passenger
15 transportation projects under subsection (b)(4).
16 ‘‘(d) OPERATING EXPENSES.—With respect to funds
17 provided for an eligible project under this section, a State
18 may use not more than 10 percent of such funds for oper-
19 ating expenses relating to such project if such project is
20 for public transportation, passenger rail, or transportation
21 systems management and operations.
22 ‘‘(e) SINGLE-OCCUPANCY VEHICLE HIGHWAY FA-
23 CILITIES.—None of the funds provided under this section
24 may be used for a project that will result in the construc-
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1 unless the project consists of a high occupancy vehicle fa-
2 cility and is consistent with section 166.
3 ‘‘(f) EVALUATION.—
4 ‘‘(1) IN GENERAL.—The Secretary shall annu-
5 ally evaluate the progress of each State in carrying
6 out the program under this section by comparing the
7 percent change in carbon dioxide emissions per cap-
8 ita on public roads in the State calculated as—
9 ‘‘(A) the annual carbon dioxide emissions
10 per capita on public roads in the State for the
11 most recent year for which there is data; di-
12 vided by
13 ‘‘(B) the average annual carbon dioxide
14 emissions per capita on public roads in the
15 State in calendar years 2015 through 2019.
16 ‘‘(2) MEASURES.—In conducting the evaluation
17 under paragraph (1), the Secretary shall—
18 ‘‘(A) prior to the effective date of the
19 greenhouse gas performance measures under
20 section 150(c)(7), use such data as are avail-
21 able, which may include data on motor fuels
22 usage published by the Federal Highway Ad-
23 ministration and information on emissions fac-
24 tors or coefficients published by the Energy In-
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1 formation Administration of the Department of
2 Energy; and
3 ‘‘(B) following the effective date of the
4 greenhouse gas performance measures under
5 section 150(c)(7), use such measures.
6 ‘‘(g) PROGRESS REPORT.—The Secretary shall annu-
7 ally issue a carbon pollution reduction progress report, to
8 be made publicly available on the website of the Depart-
9 ment of Transportation, that includes—
10 ‘‘(1) the results of the evaluation under sub-
11 section (f) for each State; and
12 ‘‘(2) a ranking of all the States by the criteria
13 under subsection (f), with the States that, for the
14 year covered by such report, have the largest per-
15 centage reduction in annual carbon dioxide emissions
16 per capita on public roads being ranked the highest.
17 ‘‘(h) HIGH-PERFORMING STATES.—
18 ‘‘(1) DESIGNATION.—For purposes of this sec-
19 tion, each State that is 1 of the 15 highest ranked
20 States, as determined under subsection (g)(2), and
21 that achieves a reduction in carbon dioxide emissions
22 per capita on public roads, as determined by the
23 evaluation in subsection (f), shall be designated as a
24 high-performing State for the following fiscal year.
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1 ‘‘(2) USE OF FUNDS.—For each State that is
2 designated as a high-performing State under para-
3 graph (1)—
4 ‘‘(A) notwithstanding section 120, the
5 State may use funds made available under this
6 title to pay the non-Federal share of a project
7 under this section during any year for which
8 such State is designated as a high-performing
9 State; and
10 ‘‘(B) notwithstanding section 126, the
11 State may transfer up to 50 percent of funds
12 apportioned under section 104(b)(9) to the pro-
13 gram under section 104(b)(2) in any year for
14 which such State is designated as a high-per-
15 forming State.
16 ‘‘(3) TRANSFER.—For each State that is 1 of
17 the 15 lowest ranked States, as determined under
18 subsection (g)(2), the Secretary shall transfer 10
19 percent of the amount apportioned to the State
20 under section 104(b)(2) in the fiscal year following
21 the year in which the State is so ranked, not includ-
22 ing amounts set aside under section 133(d)(1)(A)
23 and under section 133(h) or 505(a), to the appor-
24 tionment of the State under section 104(b)(9).
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1 ‘‘(4) LIMITATION.—The Secretary shall not
2 conduct a transfer under paragraph (3)—
3 ‘‘(A) until the first fiscal year following the
4 effective date of greenhouse gas performance
5 measures under section 150(c)(7); and
6 ‘‘(B) with respect to a State in any fiscal
7 year following the year in which such State
8 achieves a reduction in carbon dioxide emissions
9 per capita on public roads in such year as de-
10 termined by the evaluation under subsection (f).
11 ‘‘(i) REPORT.—Not later than 2 years after the date
12 of enactment of this section and periodically thereafter,
13 the Secretary, in consultation with the Administrator of
14 the Environmental Protection Agency, shall issue a re-
15 port—
16 ‘‘(1) detailing, based on the best available
17 science, what types of projects eligible for assistance
18 under this section are expected to provide the most
19 significant greenhouse gas emissions reductions from
20 the surface transportation sector; and
21 ‘‘(2) detailing, based on the best available
22 science, what types of projects eligible for assistance
23 under this section are not expected to provide sig-
24 nificant greenhouse gas emissions reductions from
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25 the surface transportation sector.’’.
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1 (b) CLERICAL AMENDMENT.—The analysis for chap-
2 ter 1 of title 23, United States Code, is amended by add-
3 ing at the end the following new item:
‘‘171. Carbon pollution reduction.’’.
4 SEC. 1214. RECREATIONAL TRAILS.
5 Section 206 of title 23, United States Code, is
6 amended by adding at the end the following:
7 ‘‘(j) USE OF OTHER APPORTIONED FUNDS.—Funds
8 apportioned to a State under section 104(b) that are obli-
9 gated for recreational trails and related projects shall be
10 administered as if such funds were made available for pur-
11 poses described under this section.’’.
12 SEC. 1215. SAFE ROUTES TO SCHOOL PROGRAM.
13 (a) IN GENERAL.—Chapter 2 of title 23, United
14 States Code, is amended by inserting after section 210 the
15 following:
16 ‘‘§ 211. Safe routes to school program
17 ‘‘(a) PROGRAM.—The Secretary shall carry out a safe
18 routes to school program for the benefit of children in pri-
19 mary, middle, and high schools.
20 ‘‘(b) PURPOSES.—The purposes of the program shall
21 be—
22 ‘‘(1) to enable and encourage children, includ-
23 ing those with disabilities, to walk and bicycle to
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1 ‘‘(2) to make bicycling and walking to school a
2 safer and more appealing transportation alternative,
3 thereby encouraging a healthy and active lifestyle
4 from an early age; and
5 ‘‘(3) to facilitate the planning, development,
6 and implementation of projects and activities that
7 will improve safety and reduce traffic, fuel consump-
8 tion, and air pollution in the vicinity of schools.
9 ‘‘(c) USE OF FUNDS.—Amounts apportioned to a
10 State under paragraphs (2) and (3) of section 104(b) may
11 be used to carry out projects, programs, and other activi-
12 ties under this section.
13 ‘‘(d) ELIGIBLE ENTITIES.—Projects, programs, and
14 activities funded under this section may be carried out by
15 eligible entities described under section 133(h)(4)(B) that
16 demonstrate an ability to meet the requirements of this
17 section.
18 ‘‘(e) ELIGIBLE PROJECTS AND ACTIVITIES.—
19 ‘‘(1) INFRASTRUCTURE-RELATED PROJECTS.—
20 ‘‘(A) IN GENERAL.—A State may obligate
21 funds under this section for the planning, de-
22 sign, and construction of infrastructure-related
23 projects that will substantially improve the abil-
24 ity of students to walk and bicycle to school, in-
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1 and speed reduction improvements, pedestrian
2 and bicycle crossing improvements, on-street bi-
3 cycle facilities, off-street bicycle and pedestrian
4 facilities, secure bicycle parking facilities, and
5 traffic diversion improvements in the vicinity of
6 schools.
7 ‘‘(B) LOCATION OF PROJECTS.—Infra-
8 structure-related projects under subparagraph
9 (A) may be carried out on any public road or
10 any bicycle or pedestrian pathway or trail in the
11 vicinity of schools.
12 ‘‘(2) NONINFRASTRUCTURE-RELATED ACTIVI-
13 TIES.—In addition to projects described in para-
14 graph (1), a State may obligate funds under this
15 section for noninfrastructure-related activities to en-
16 courage walking and bicycling to school, including—
17 ‘‘(A) public awareness campaigns and out-
18 reach to press and community leaders;
19 ‘‘(B) traffic education and enforcement in
20 the vicinity of schools;
21 ‘‘(C) student sessions on bicycle and pedes-
22 trian safety, health, and environment;
23 ‘‘(D) programs that address personal safe-
24 ty; and
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1 ‘‘(E) funding for training, volunteers, and
2 managers of safe routes to school programs.
3 ‘‘(3) SAFE ROUTES TO SCHOOL COORDI-
4 NATOR.—Each State receiving an apportionment
5 under paragraphs (2) and (3) of section 104(b) shall
6 use a sufficient amount of the apportionment to
7 fund a full-time position of coordinator of the
8 State’s safe routes to school program.
9 ‘‘(f) FEDERAL SHARE.—The Federal share of the
10 cost of a project, program, or activity under this section
11 shall be 100 percent.
12 ‘‘(g) CLEARINGHOUSE.—
13 ‘‘(1) IN GENERAL.—The Secretary shall main-
14 tain a national safe routes to school clearinghouse
15 to—
16 ‘‘(A) develop information and educational
17 programs on safe routes to school; and
18 ‘‘(B) provide technical assistance and dis-
19 seminate techniques and strategies used for
20 successful safe routes to school programs.
21 ‘‘(2) FUNDING.—The Secretary shall carry out
22 this subsection using amounts authorized to be ap-
23 propriated for administrative expenses under section
24 104(a).
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1 ‘‘(h) TREATMENT OF PROJECTS.—Notwithstanding
2 any other provision of law, projects carried out under this
3 section shall be treated as projects on a Federal-aid high-
4 way under chapter 1 of this title.
5 ‘‘(i) DEFINITIONS.—In this section, the following
6 definitions apply:
7 ‘‘(1) IN THE VICINITY OF SCHOOLS.—The term
8 ‘in the vicinity of schools’ means, with respect to a
9 school, the area within bicycling and walking dis-
10 tance of the school (approximately 2 miles).
11 ‘‘(2) PRIMARY, MIDDLE, AND HIGH SCHOOLS.—
12 The term ‘primary, middle, and high schools’ means
13 schools providing education from kindergarten
14 through twelfth grade.’’.
15 (b) TECHNICAL AND CONFORMING AMENDMENTS.—
16 (1) REPEAL.—Section 1404 of SAFETEA–LU
17 (Public Law 109–59; 119 Stat. 1228–1230), and
18 the item relating to such section in the table of con-
19 tents in section 1(b) of such Act, are repealed.
20 (2) ANALYSIS.—The analysis for chapter 2 of
21 title 23, United States Code, is amended by insert-
22 ing after the item relating to section 210 the fol-
23 lowing:
‘‘211. Safe routes to school program.’’.
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1 SEC. 1216. BICYCLE TRANSPORTATION AND PEDESTRIAN
2 WALKWAYS.
3 Section 217 of title 23, United States Code, is
4 amended—
5 (1) in subsection (d)—
6 (A) by striking ‘‘104(b)(3)’’ and inserting
7 ‘‘104(b)(4)’’; and
8 (B) by striking ‘‘a position’’ and inserting
9 ‘‘one or more positions’’;
10 (2) in subsection (e) by striking ‘‘bicycles’’ and
11 inserting ‘‘pedestrians and bicyclists’’ each place
12 such term appears; and
13 (3) in subsection (j) by striking paragraph (2)
14 and inserting the following:
15 ‘‘(2) ELECTRIC BICYCLE.—The term ‘electric
16 bicycle’ means any bicycle, tricycle, or other motor-
17 ized conveyance—
18 ‘‘(A) weighing under 100 pounds;
19 ‘‘(B) with a low-powered electric motor;
20 ‘‘(C) with a top motor-powered speed not
21 in excess of 20 miles per hour; and
22 ‘‘(D) that can safely share a bicycle trans-
23 portation facility with other users of such facil-
24 ity.’’.
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1 Subtitle C—Project-Level
2 Investments
3 SEC. 1301. PROJECTS OF NATIONAL AND REGIONAL SIG-
4 NIFICANCE.
5 (a) IN GENERAL.—Section 117 of title 23, United
6 States Code, is amended to read as follows:
7 ‘‘§ 117. Projects of national and regional significance
8 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab-
9 lish a projects of national and regional significance pro-
10 gram under which the Secretary may make grants to, and
11 establish multiyear grant agreements with, eligible entities
12 in accordance with this section.
13 ‘‘(b) APPLICATIONS.—To be eligible for a grant
14 under this section, an eligible entity shall submit to the
15 Secretary an application in such form, in such manner,
16 and containing such information as the Secretary may re-
17 quire.
18 ‘‘(c) GRANT AMOUNTS AND PROJECT COSTS.—
19 ‘‘(1) IN GENERAL.—Each grant made under
20 this section—
21 ‘‘(A) shall be in an amount that is at least
22 $25,000,000; and
23 ‘‘(B) shall be for a project that has eligible
24 project costs that are reasonably anticipated to
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25 equal or exceed the lesser of—
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1 ‘‘(i) $100,000,000; or
2 ‘‘(ii) in the case of a project—
3 ‘‘(I) located in 1 State, 30 per-
4 cent of the amount apportioned under
5 this chapter to the State in the most
6 recently completed fiscal year; or
7 ‘‘(II) located in more than 1
8 State, 50 percent of the amount ap-
9 portioned under this chapter to the
10 participating State with the largest
11 apportionment under this chapter in
12 the most recently completed fiscal
13 year.
14 ‘‘(2) LARGE PROJECTS.—For a project that has
15 eligible project costs that are reasonably anticipated
16 to equal or exceed $500,000,000, a grant made
17 under this section—
18 ‘‘(A) shall be in an amount sufficient to
19 fully fund the project, or in the case of a public
20 transportation project, a minimum operable
21 segment, in combination with other funding
22 sources, including non-Federal financial com-
23 mitment, identified in the application; and
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1 ‘‘(B) may be awarded pursuant to the
2 process under subsection (d), as necessary
3 based on the amount of the grant.
4 ‘‘(d) MULTIYEAR GRANT AGREEMENTS FOR LARGE
5 PROJECTS.—
6 ‘‘(1) IN GENERAL.—A large project that re-
7 ceives a grant under this section may be carried out
8 through a multiyear grant agreement in accordance
9 with this subsection.
10 ‘‘(2) REQUIREMENTS.—A multiyear grant
11 agreement for a large project shall—
12 ‘‘(A) establish the terms of participation by
13 the Federal Government in the project;
14 ‘‘(B) establish the amount of Federal fi-
15 nancial assistance for the project;
16 ‘‘(C) establish a schedule of anticipated
17 Federal obligations for the project that provides
18 for obligation of the full grant amount by not
19 later than 4 fiscal years after the fiscal year in
20 which the initial amount is provided; and
21 ‘‘(D) determine the period of time for com-
22 pleting the project, even if such period extends
23 beyond the period of an authorization.
24 ‘‘(3) SPECIAL RULES.—
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1 ‘‘(A) IN GENERAL.—A multiyear grant
2 agreement under this subsection—
3 ‘‘(i) shall obligate an amount of avail-
4 able budget authority specified in law; and
5 ‘‘(ii) may include a commitment, con-
6 tingent on amounts to be specified in law
7 in advance for commitments under this
8 paragraph, to obligate an additional
9 amount from future available budget au-
10 thority specified in law.
11 ‘‘(B) CONTINGENT COMMITMENT.—A con-
12 tingent commitment under this subsection is
13 not an obligation of the Federal Government
14 under section 1501 of title 31.
15 ‘‘(C) INTEREST AND OTHER FINANCING
16 COSTS.—
17 ‘‘(i) IN GENERAL.—Interest and other
18 financing costs of carrying out a part of
19 the project within a reasonable time shall
20 be considered a cost of carrying out the
21 project under a multiyear grant agreement,
22 except that eligible costs may not be more
23 than the cost of the most favorable financ-
24 ing terms reasonably available for the
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1 ‘‘(ii) CERTIFICATION.—The applicant
2 shall certify to the Secretary that the ap-
3 plicant has shown reasonable diligence in
4 seeking the most favorable financing
5 terms.
6 ‘‘(4) ADVANCE PAYMENT.—An eligible entity
7 carrying out a large project under a multiyear grant
8 agreement—
9 ‘‘(A) may use funds made available to the
10 eligible entity under this title or title 49 for eli-
11 gible project costs of the large project; and
12 ‘‘(B) shall be reimbursed, at the option of
13 the eligible entity, for such expenditures from
14 the amount made available under the multiyear
15 grant agreement for the project in that fiscal
16 year or a subsequent fiscal year.
17 ‘‘(e) ELIGIBLE PROJECTS.—
18 ‘‘(1) IN GENERAL.—The Secretary may make a
19 grant under this section only for a project that is a
20 project eligible for assistance under this title or
21 chapter 53 of title 49 and is—
22 ‘‘(A) a bridge project carried out on the
23 National Highway System;
24 ‘‘(B) a project to improve person through-
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1 ‘‘(i) a highway project carried out on
2 the National Highway System;
3 ‘‘(ii) a public transportation project;
4 or
5 ‘‘(iii) a capital project, as such term is
6 defined in section 22906 of title 49, to im-
7 prove intercity rail passenger transpor-
8 tation; or
9 ‘‘(C) a project to improve freight through-
10 put that is—
11 ‘‘(i) a highway freight project carried
12 out on the National Highway Freight Net-
13 work established under section 167 or on
14 the National Highway System;
15 ‘‘(ii) a freight intermodal, freight rail,
16 or railway-highway grade crossing or grade
17 separation project; or
18 ‘‘(iii) within the boundaries of a public
19 or private freight rail, water (including
20 ports), or intermodal facility and that is a
21 surface transportation infrastructure
22 project necessary to facilitate direct inter-
23 modal interchange, transfer, or access into
24 or out of the facility.
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25 ‘‘(2) LIMITATION.—
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1 ‘‘(A) CERTAIN FREIGHT PROJECTS.—
2 Projects described in clauses (ii) and (iii) of
3 paragraph (1)(C) may receive a grant under
4 this section only if—
5 ‘‘(i) the project will make a significant
6 improvement to the movement of freight
7 on the National Highway System; and
8 ‘‘(ii) the Federal share of the project
9 funds only elements of the project that
10 provide public benefits.
11 ‘‘(B) CERTAIN PROJECTS FOR PERSON
12 THROUGHPUT.—Projects described in clauses
13 (ii) and (iii) of paragraph (1)(B) may receive a
14 grant under this section only if the project will
15 make a significant improvement in mobility on
16 public roads.
17 ‘‘(f) ELIGIBLE PROJECT COSTS.—An eligible entity
18 receiving a grant under this section may use such grant
19 for—
20 ‘‘(1) development phase activities, including
21 planning, feasibility analysis, revenue forecasting,
22 environmental review, preliminary engineering and
23 design work, and other preconstruction activities;
24 and
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1 ‘‘(2) construction, reconstruction, rehabilitation,
2 acquisition of real property (including land related
3 to the project and improvements to the land), envi-
4 ronmental mitigation, construction contingencies, ac-
5 quisition of equipment, and operational improve-
6 ments directly related to improving system perform-
7 ance.
8 ‘‘(g) PROJECT REQUIREMENTS.—The Secretary may
9 select a project described under this section for funding
10 under this section only if the Secretary determines that
11 the project—
12 ‘‘(1) generates significant regional or national
13 economic, mobility, safety, resilience, or environ-
14 mental benefits;
15 ‘‘(2) is cost effective;
16 ‘‘(3) is based on the results of preliminary engi-
17 neering;
18 ‘‘(4) has secured or will secure acceptable levels
19 of non-Federal financial commitments, including—
20 ‘‘(A) 1 or more stable and dependable
21 sources of funding and financing to construct,
22 maintain, and operate the project; and
23 ‘‘(B) contingency amounts to cover unan-
24 ticipated cost increases;
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1 ‘‘(5) cannot be easily and efficiently completed
2 without additional Federal funding or financial as-
3 sistance available to the project sponsor, beyond ex-
4 isting Federal apportionments; and
5 ‘‘(6) is reasonably expected to begin construc-
6 tion not later than 18 months after the date of obli-
7 gation of funds for the project.
8 ‘‘(h) MERIT CRITERIA AND CONSIDERATIONS.—
9 ‘‘(1) MERIT CRITERIA.—In awarding a grant
10 under this section, the Secretary shall evaluate the
11 following merit criteria:
12 ‘‘(A) The extent to which the project sup-
13 ports achieving a state of good repair.
14 ‘‘(B) The level of benefits the project is ex-
15 pected to generate, including—
16 ‘‘(i) the costs avoided by the preven-
17 tion of closure or reduced use of the asset
18 to be improved by the project;
19 ‘‘(ii) reductions in maintenance costs
20 over the life of the asset;
21 ‘‘(iii) safety benefits, including the re-
22 duction of accidents and related costs;
23 ‘‘(iv) improved person or freight
24 throughput, including congestion reduction
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1 ‘‘(v) national and regional economic
2 benefits;
3 ‘‘(vi) resilience benefits;
4 ‘‘(vii) environmental benefits, includ-
5 ing reduction in greenhouse gas emissions
6 and air quality benefits; and
7 ‘‘(viii) benefits to all users of the
8 project, including pedestrian, bicycle, non-
9 vehicular, railroad, and public transpor-
10 tation users.
11 ‘‘(C) How the benefits compare to the
12 costs of the project.
13 ‘‘(D) The average number of people or vol-
14 ume of freight, as applicable, supported by the
15 project.
16 ‘‘(2) ADDITIONAL CONSIDERATIONS.—In
17 awarding a grant under this section, the Secretary
18 shall also consider the following:
19 ‘‘(A) Whether the project serves an area of
20 persistent poverty.
21 ‘‘(B) Whether the project uses innovative
22 technologies, innovative design and construction
23 techniques, or pavement materials that dem-
24 onstrate reductions in greenhouse gas emissions
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25 through sequestration or innovative manufac-
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1 turing processes and, if so, the degree to which
2 such technologies, techniques, or materials are
3 used.
4 ‘‘(C) Whether the project improves
5 connectivity between modes of transportation
6 moving people or goods in the Nation or region.
7 ‘‘(D) Whether the project provides new or
8 improved connections between at least 2 metro-
9 politan areas with a population of at least
10 500,000.
11 ‘‘(i) PROJECT SELECTION.—
12 ‘‘(1) EVALUATION.—To evaluate applications
13 for funding under this section, the Secretary shall—
14 ‘‘(A) determine whether a project is eligible
15 for a grant under this section;
16 ‘‘(B) evaluate, through a methodology that
17 is discernible and transparent to the public,
18 how each application addresses the merit cri-
19 teria pursuant to subsection (h);
20 ‘‘(C) assign a quality rating for each merit
21 criteria for each application based on the eval-
22 uation in subparagraph (B);
23 ‘‘(D) ensure that applications receive final
24 consideration by the Secretary to receive an
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1 such quality ratings and that the Secretary
2 gives final consideration only to applications
3 that meet the minimally acceptable level for
4 each of the merit criteria; and
5 ‘‘(E) award grants only to projects rated
6 highly under the evaluation and rating process.
7 ‘‘(2) CONSIDERATIONS FOR LARGE
8 PROJECTS.—In awarding a grant for a large project,
9 the Secretary shall—
10 ‘‘(A) consider the amount of funds avail-
11 able in future fiscal years for the program
12 under this section; and
13 ‘‘(B) assume the availability of funds in fu-
14 ture fiscal years for the program that extend
15 beyond the period of authorization based on the
16 amount made available for the program in the
17 last fiscal year of the period of authorization.
18 ‘‘(3) GEOGRAPHIC DISTRIBUTION.—In awarding
19 grants under this section, the Secretary shall ensure
20 geographic diversity and a balance between rural
21 and urban communities among grant recipients over
22 fiscal years 2022 through 2025.
23 ‘‘(4) PUBLICATION OF METHODOLOGY.—
24 ‘‘(A) IN GENERAL.—Prior to the issuance
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1 under this section, the Secretary shall publish
2 and make publicly available on the Depart-
3 ment’s website—
4 ‘‘(i) a detailed explanation of the
5 merit criteria developed under subsection
6 (h);
7 ‘‘(ii) a description of the evaluation
8 process under this subsection; and
9 ‘‘(iii) how the Secretary shall deter-
10 mine whether a project satisfies each of
11 the requirements under subsection (g).
12 ‘‘(B) UPDATES.—The Secretary shall up-
13 date and make publicly available on the website
14 of the Department of Transportation such in-
15 formation at any time a revision to the informa-
16 tion described in subparagraph (A) is made.
17 ‘‘(C) INFORMATION REQUIRED.—The Sec-
18 retary shall include in the published notice of
19 funding opportunity for a grant under this sec-
20 tion detailed information on the rating method-
21 ology and merit criteria to be used to evaluate
22 applications, or a reference to the information
23 on the website of the Department of Transpor-
24 tation, as required by subparagraph (A).
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25 ‘‘(j) FEDERAL SHARE.—
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1 ‘‘(1) IN GENERAL.—The Federal share of the
2 cost of a project carried out with a grant under this
3 section may not exceed 60 percent.
4 ‘‘(2) MAXIMUM FEDERAL INVOLVEMENT.—Fed-
5 eral assistance other than a grant under this section
6 may be used to satisfy the non-Federal share of the
7 cost of a project for which such a grant is made, ex-
8 cept that the total Federal assistance provided for a
9 project receiving a grant under this section may not
10 exceed 80 percent of the total project cost.
11 ‘‘(k) TREATMENT OF PROJECTS.—
12 ‘‘(1) FEDERAL REQUIREMENTS.—The Secretary
13 shall, with respect to a project funded by a grant
14 under this section, apply—
15 ‘‘(A) the requirements of this title to a
16 highway project;
17 ‘‘(B) the requirements of chapter 53 of
18 title 49 to a public transportation project; and
19 ‘‘(C) the requirements of section 22905 of
20 title 49 to a passenger rail or freight rail
21 project.
22 ‘‘(2) MULTIMODAL PROJECTS.—
23 ‘‘(A) IN GENERAL.—Except as otherwise
24 provided in this paragraph, if an eligible project
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1 ‘‘(i) determine the predominant modal
2 component of the project; and
3 ‘‘(ii) apply the applicable requirements
4 of such predominant modal component to
5 the project.
6 ‘‘(B) EXCEPTIONS.—
7 ‘‘(i) PASSENGER OR FREIGHT RAIL
8 COMPONENT.—For any passenger or
9 freight rail component of a project, the re-
10 quirements of section 22907(j)(2) of title
11 49 shall apply.
12 ‘‘(ii) PUBLIC TRANSPORTATION COM-
13 PONENT.—For any public transportation
14 component of a project, the requirements
15 of section 5333 of title 49 shall apply.
16 ‘‘(C) BUY AMERICA.—In applying the Buy
17 American requirements under section 313 of
18 this title and sections 5320, 22905(a), and
19 24305(f) of title 49 to a multimodal project
20 under this paragraph, the Secretary shall—
21 ‘‘(i) consider the various modal com-
22 ponents of the project; and
23 ‘‘(ii) seek to maximize domestic jobs.
24 ‘‘(3) FEDERAL-AID HIGHWAY REQUIRE-
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1 this subsection, the Secretary shall require recipients
2 of grants under this section to comply with sub-
3 section (a) of section 113 with respect to public
4 transportation projects, passenger rail projects, and
5 freight rail projects, in the same manner that recipi-
6 ents of grants are required to comply with such sub-
7 section for construction work performed on highway
8 projects on Federal-aid highways.
9 ‘‘(l) TIFIA PROGRAM.—At the request of an eligible
10 entity under this section, the Secretary may use amounts
11 awarded to the entity to pay subsidy and administrative
12 costs necessary to provide the entity Federal credit assist-
13 ance under chapter 6 with respect to the project for which
14 the grant was awarded.
15 ‘‘(m) ADMINISTRATION.—Of the amounts made
16 available to carry out this section, the Secretary may use
17 up to $5,000,000 for the costs of administering the pro-
18 gram under this section.
19 ‘‘(n) TECHNICAL ASSISTANCE.—Of the amounts
20 made available to carry out this section, the Secretary may
21 reserve up to $5,000,000,000 to provide technical assist-
22 ance to eligible entities.
23 ‘‘(o) CONGRESSIONAL REVIEW.—
24 ‘‘(1) NOTIFICATION.—Not less than 60 days be-
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25 fore making an award under this section, the Sec-
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1 retary shall submit to the Committee on Transpor-
2 tation and Infrastructure of the House of Represent-
3 atives and the Committee on Environment and Pub-
4 lic Works, the Committee on Banking, Housing, and
5 Urban Affairs, and the Committee on Commerce,
6 Science, and Transportation of the Senate—
7 ‘‘(A) a list of all applications determined to
8 be eligible for a grant by the Secretary;
9 ‘‘(B) the quality ratings assigned to each
10 application pursuant to subsection (i);
11 ‘‘(C) a list of applications that received
12 final consideration by the Secretary to receive
13 an award under this section;
14 ‘‘(D) each application proposed to be se-
15 lected for a grant award;
16 ‘‘(E) proposed grant amounts, including
17 for each new multiyear grant agreement, the
18 proposed payout schedule for the project; and
19 ‘‘(F) an analysis of the impacts of any
20 large projects proposed to be selected on exist-
21 ing commitments and anticipated funding levels
22 for the next 4 fiscal years, based on information
23 available to the Secretary at the time of the re-
24 port.
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1 ‘‘(2) COMMITTEE REVIEW.—Before the last day
2 of the 60-day period described in paragraph (1),
3 each Committee described in paragraph (1) shall re-
4 view the Secretary’s list of proposed projects.
5 ‘‘(3) CONGRESSIONAL DISAPPROVAL.—The Sec-
6 retary may not make a grant or any other obligation
7 or commitment to fund a project under this section
8 if a joint resolution is enacted disapproving funding
9 for the project before the last day of the 60-day pe-
10 riod described in paragraph (1).
11 ‘‘(p) TRANSPARENCY.—
12 ‘‘(1) IN GENERAL.—Not later than 30 days
13 after awarding a grant for a project under this sec-
14 tion, the Secretary shall send to all applicants, and
15 publish on the website of the Department of Trans-
16 portation—
17 ‘‘(A) a summary of each application made
18 to the program for the grant application period;
19 and
20 ‘‘(B) the evaluation and justification for
21 the project selection, including ratings assigned
22 to all applications and a list of applications that
23 received final consideration by the Secretary to
24 receive an award under this section, for the
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1 ‘‘(2) BRIEFING.—The Secretary shall provide,
2 at the request of a grant applicant under this sec-
3 tion, the opportunity to receive a briefing to explain
4 any reasons the grant applicant was not awarded a
5 grant.
6 ‘‘(q) DEFINITIONS.—In this section:
7 ‘‘(1) AREAS OF PERSISTENT POVERTY.—The
8 term ‘areas of persistent poverty’ has the meaning
9 given such term in section 172(l).
10 ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible en-
11 tity’ means—
12 ‘‘(A) a State or a group of States;
13 ‘‘(B) a unit of local government, including
14 a metropolitan planning organization, or a
15 group of local governments;
16 ‘‘(C) a political subdivision of a State or
17 local government;
18 ‘‘(D) a special purpose district or public
19 authority with a transportation function, includ-
20 ing a port authority;
21 ‘‘(E) a tribal government or a consortium
22 of tribal governments;
23 ‘‘(F) a Federal agency eligible to receive
24 funds under section 201, 203, or 204 that ap-
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1 plies jointly with a State or group of States;
2 and
3 ‘‘(G) a multistate or multijurisdictional
4 group of entities described in this paragraph.’’.
5 (b) CLERICAL AMENDMENT.—The analysis for chap-
6 ter 1 of title 23, United States Code, is amended by strik-
7 ing the item relating to section 117 and inserting the fol-
8 lowing:
‘‘117. Projects of national and regional significance.’’.
9 SEC. 1302. COMMUNITY TRANSPORTATION INVESTMENT
10 GRANT PROGRAM.
11 (a) IN GENERAL.—Chapter 1 of title 23, United
12 States Code, as amended by this title, is further amended
13 by adding at the end the following:
14 ‘‘§ 173. Community transportation investment grant
15 program
16 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab-
17 lish a community transportation investment grant pro-
18 gram to improve surface transportation safety, state of
19 good repair, accessibility, and environmental quality
20 through infrastructure investments.
21 ‘‘(b) GRANT AUTHORITY.—
22 ‘‘(1) IN GENERAL.—In carrying out the pro-
23 gram established under subsection (a), the Secretary
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24 shall make grants, on a competitive basis, to eligible
25 entities in accordance with this section.
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1 ‘‘(2) GRANT AMOUNT.—The maximum amount
2 of a grant under this section shall be $25,000,000.
3 ‘‘(c) APPLICATIONS.—To be eligible for a grant under
4 this section, an eligible entity shall submit to the Secretary
5 an application in such form, at such time, and containing
6 such information as the Secretary may require.
7 ‘‘(d) ELIGIBLE PROJECT COSTS.—Grant amounts for
8 an eligible project carried out under this section may be
9 used for—
10 ‘‘(1) development phase activities, including
11 planning, feasibility analysis, revenue forecasting,
12 environmental review, preliminary engineering and
13 design work, and other preconstruction activities;
14 and
15 ‘‘(2) construction, reconstruction, rehabilitation,
16 acquisition of real property (including land related
17 to the project and improvements to such land), envi-
18 ronmental mitigation, construction contingencies, ac-
19 quisition of equipment, and operational improve-
20 ments.
21 ‘‘(e) RURAL AREAS.—
22 ‘‘(1) IN GENERAL.—The Secretary shall reserve
23 not less than 25 percent of the amounts made avail-
24 able to carry out this section for projects located in
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1 ‘‘(2) DEFINITION OF RURAL AREA.—In this
2 subsection, the term ‘rural area’ means all areas of
3 a State not included in urbanized areas.
4 ‘‘(3) EXCESS FUNDING.—If the Secretary de-
5 termines that there are insufficient qualified appli-
6 cants to use the funds set aside under this sub-
7 section, the Secretary may use such funds for grants
8 for any projects eligible under this section.
9 ‘‘(f) EVALUATION.—To evaluate applications under
10 this section, the Secretary shall—
11 ‘‘(1) develop a process to objectively evaluate
12 applications on the benefits of the project proposed
13 in such application—
14 ‘‘(A) to transportation safety, including re-
15 ductions in traffic fatalities and serious injuries;
16 ‘‘(B) to state of good repair, including im-
17 proved condition of bridges and pavements;
18 ‘‘(C) to transportation system access, in-
19 cluding improved access to jobs and services;
20 and
21 ‘‘(D) in reducing greenhouse gas emis-
22 sions;
23 ‘‘(2) develop a rating system to assign a nu-
24 meric value to each application, based on each of the
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1 ‘‘(3) compare the total benefits of each applica-
2 tion submitted, as determined by the rating system
3 developed under paragraph (2), with the costs of
4 such application, and rank each application based on
5 the results of the comparison; and
6 ‘‘(4) ensure that only such applications that are
7 ranked highly based on the results of the comparison
8 conducted under paragraph (3) are considered to re-
9 ceive a grant under this section.
10 ‘‘(g) WEIGHTING.—In establishing the evaluation
11 process under subsection (f), the Secretary may assign dif-
12 ferent weights to the criteria developed under subsection
13 (f)(1) based on project type, population served by a
14 project, and other context-sensitive considerations, pro-
15 vided that—
16 ‘‘(1) each application is rated on all criteria de-
17 veloped under subsection (f)(1); and
18 ‘‘(2) each application has the same possible
19 minimum and maximum rating, regardless of any
20 differences in the weighting of criteria.
21 ‘‘(h) TRANSPARENCY.—
22 ‘‘(1) PUBLICLY AVAILABLE INFORMATION.—
23 Prior to the issuance of any notice of funding oppor-
24 tunity under this section, the Secretary shall make
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1 of Transportation a detailed explanation of the eval-
2 uation and rating process developed under sub-
3 section (f), including any differences in the
4 weighting of criteria pursuant to subsection (g), if
5 applicable, and update such website for each revision
6 of the evaluation and rating process.
7 ‘‘(2) NOTIFICATIONS TO CONGRESS.—The Sec-
8 retary shall submit to the Committee on Transpor-
9 tation and Infrastructure of the House of Represent-
10 atives, the Committee on Environment and Public
11 Works of the Senate, the Committee on Banking,
12 Housing, and Urban Affairs of the Senate, and the
13 Committee on Commerce, Science, and Transpor-
14 tation of the Senate the following written notifica-
15 tions:
16 ‘‘(A) A notification when the Secretary
17 publishes or updates the information required
18 under paragraph (1).
19 ‘‘(B) Not later than 30 days prior to the
20 date on which the Secretary awards a grant
21 under this section, a notification that in-
22 cludes—
23 ‘‘(i) the ratings of each application
24 submitted pursuant to subsection (f)(2);
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1 ‘‘(ii) the ranking of each application
2 submitted pursuant to subsection (f)(3);
3 and
4 ‘‘(iii) a list of all applications that re-
5 ceive final consideration by the Secretary
6 to receive an award under this section pur-
7 suant to subsection (f)(4).
8 ‘‘(C) Not later than 3 business days prior
9 to the date on which the Secretary announces
10 the award of a grant under this section, a noti-
11 fication describing each grant to be awarded,
12 including the amount and the recipient.
13 ‘‘(i) TECHNICAL ASSISTANCE.—Of the amounts
14 made available to carry out this section, the Secretary may
15 reserve up to $3,000,000 to provide technical assistance
16 to eligible entities.
17 ‘‘(j) ADMINISTRATION.—Of the amounts made avail-
18 able to carry out this section, the Secretary may reserve
19 up to $5,000,000 for the administrative costs of carrying
20 out the program under this section.
21 ‘‘(k) TREATMENT OF PROJECTS.—
22 ‘‘(1) FEDERAL REQUIREMENTS.—The Secretary
23 shall, with respect to a project funded by a grant
24 under this section, apply—
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1 ‘‘(A) the requirements of this title to a
2 highway project;
3 ‘‘(B) the requirements of chapter 53 of
4 title 49 to a public transportation project; and
5 ‘‘(C) the requirements of section 22905 of
6 title 49 to a passenger rail or freight rail
7 project.
8 ‘‘(2) MULTIMODAL PROJECTS.—
9 ‘‘(A) IN GENERAL.—Except as otherwise
10 provided in this paragraph, if an eligible project
11 is a multimodal project, the Secretary shall—
12 ‘‘(i) determine the predominant modal
13 component of the project; and
14 ‘‘(ii) apply the applicable requirements
15 of such predominant modal component to
16 the project.
17 ‘‘(B) EXCEPTIONS.—
18 ‘‘(i) PASSENGER OR FREIGHT RAIL
19 COMPONENT.—For any passenger or
20 freight rail component of a project, the re-
21 quirements of section 22907(j)(2) of title
22 49 shall apply.
23 ‘‘(ii) PUBLIC TRANSPORTATION COM-
24 PONENT.—For any public transportation
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1 component of a project, the requirements
2 of section 5333 of title 49 shall apply.
3 ‘‘(C) BUY AMERICA.—In applying the Buy
4 American requirements under section 313 of
5 this title and sections 5320, 22905(a), and
6 24305(f) of title 49 to a multimodal project
7 under this paragraph, the Secretary shall—
8 ‘‘(i) consider the various modal com-
9 ponents of the project; and
10 ‘‘(ii) seek to maximize domestic jobs.
11 ‘‘(3) FEDERAL-AID HIGHWAY REQUIRE-
12 MENTS.—Notwithstanding any other provision of
13 this subsection, the Secretary shall require recipients
14 of grants under this section to comply with sub-
15 section (a) of section 113 with respect to public
16 transportation projects, passenger rail projects, and
17 freight rail projects, in the same manner that recipi-
18 ents of grants are required to comply with such sub-
19 section for construction work performed on highway
20 projects on Federal-aid highways.
21 ‘‘(l) TRANSPARENCY.—
22 ‘‘(1) IN GENERAL.—Not later than 30 days
23 after awarding a grant for a project under this sec-
24 tion, the Secretary shall send to all applicants, and
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1 publish on the website of the Department of Trans-
2 portation—
3 ‘‘(A) a summary of each application made
4 to the program for the grant application period;
5 and
6 ‘‘(B) the evaluation and justification for
7 the project selection, including ratings and
8 rankings assigned to all applications and a list
9 of applications that received final consideration
10 by the Secretary to receive an award under this
11 section, for the grant application period.
12 ‘‘(2) BRIEFING.—The Secretary shall provide,
13 at the request of a grant applicant under this sec-
14 tion, the opportunity to receive a briefing to explain
15 any reasons the grant applicant was not awarded a
16 grant.
17 ‘‘(m) DEFINITIONS.—In this section:
18 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en-
19 tity’ means—
20 ‘‘(A) a metropolitan planning organization;
21 ‘‘(B) a unit of local government;
22 ‘‘(C) a transit agency;
23 ‘‘(D) a Tribal Government or a consortium
24 of tribal governments;
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1 ‘‘(E) a multijurisdictional group of entities
2 described in this paragraph; or
3 ‘‘(F) a State that applies for a grant under
4 this section jointly with an entity described in
5 subparagraphs (A) through (E).
6 ‘‘(2) ELIGIBLE PROJECT.—The term ‘eligible
7 project’ means any project eligible under this title or
8 chapter 53 of title 49.’’.
9 (b) CLERICAL AMENDMENT.—The analysis for chap-
10 ter 1 of title 23, United States Code, is further amended
11 by adding at the end the following new item:
‘‘173. Community transportation investment grant program.’’.
12 SEC. 1303. GRANTS FOR CHARGING AND FUELING INFRA-
13 STRUCTURE TO MODERNIZE AND RECON-
14 NECT AMERICA FOR THE 21ST CENTURY.
15 (a) PURPOSE.—The purpose of this section is to es-
16 tablish a grant program to strategically deploy electric ve-
17 hicle charging infrastructure and hydrogen fueling infra-
18 structure along designated alternative fuel corridors that
19 will be accessible to all drivers of electric vehicles and hy-
20 drogen vehicles.
21 (b) GRANT PROGRAM.—Section 151 of title 23,
22 United States Code, is amended—
23 (1) in subsection (a) by striking ‘‘Not later
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1 FAST Act, the Secretary shall’’ and inserting ‘‘The
2 Secretary shall periodically’’;
3 (2) in subsection (b)(2) by inserting ‘‘previously
4 designated by the Federal Highway Administration
5 or’’ after ‘‘fueling corridors’’;
6 (3) in subsection (d)—
7 (A) by striking ‘‘5 years after the date of
8 establishment of the corridors under subsection
9 (a), and every 5 years thereafter’’ and inserting
10 ‘‘180 days after the date of enactment of the
11 INVEST in America Act’’; and
12 (B) by inserting ‘‘establish a recurring
13 process to regularly’’ after ‘‘the Secretary
14 shall’’;
15 (4) in subsection (e)—
16 (A) in paragraph (1) by striking ‘‘; and’’
17 and inserting a semicolon;
18 (B) in paragraph (2)—
19 (i) by striking ‘‘establishes an aspira-
20 tional goal of achieving’’ and inserting ‘‘de-
21 scribes efforts to achieve’’; and
22 (ii) by striking ‘‘by the end of fiscal
23 year 2020.’’ and inserting a semicolon; and
24 (C) by adding at the end the following:
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