House Report 116-437 — Investing in a New Vision for the Environment and Surface Transportation
Summary
House Report 116-437 is the Committee on Transportation and Infrastructure report on the Investing in a New Vision for the Environment and Surface Transportation in America Act, dated June 26, 2020 and submitted by DeFazio with minority views. The committee reports the bill favorably with an amendment and recommends that the bill as amended do pass. The bill is described as authorizing funds for Federal-aid highways, highway safety programs, and transit programs. The amendment may be cited as the INVEST in America Act and is organized in Division A (Federal surface transportation programs for fiscal year 2021), Division B (surface transportation), Division C (hazardous materials transportation) and Division D (rail).
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Cite this document
“House Report 116-437 — Investing in a New Vision for the Environment and Surface Transportation.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crpt-crpt-116hrpt437-crpt-116hrpt437/
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116TH CONGRESS REPORT
" HOUSE OF REPRESENTATIVES !
2d Session 116–437
INVESTING IN A NEW VISION FOR THE
ENVIRONMENT AND SURFACE TRANSPOR-
TATION IN AMERICA ACT
R E P O R T
OF THE
COMMITTEE ON TRANSPORTATION AND
INFRASTRUCTURE
TO ACCOMPANY
H.R. 2
JUNE 26, 2020.—Committed to the Committee of the Whole House on
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the State of the Union and ordered to be printed
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INVESTING IN A NEW VISION FOR THE ENVIRONMENT AND SURFACE
TRANSPORTATION IN AMERICA ACT
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116TH CONGRESS REPORT
" HOUSE OF REPRESENTATIVES !
2d Session 116–437
INVESTING IN A NEW VISION FOR THE
ENVIRONMENT AND SURFACE TRANSPOR-
TATION IN AMERICA ACT
R E P O R T
OF THE
COMMITTEE ON TRANSPORTATION AND
INFRASTRUCTURE
TO ACCOMPANY
H.R. 2
JUNE 26, 2020.—Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
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U.S. GOVERNMENT PUBLISHING OFFICE
40–703 WASHINGTON : 2020
E:\Seals\Congress.#13
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CONTENTS
Page
Purpose of Legislation ............................................................................................. 269
Background and Need for Legislation .................................................................... 269
Hearings ................................................................................................................... 270
Legislative History and Consideration .................................................................. 276
Committee Votes ...................................................................................................... 301
Committee Oversight Findings ............................................................................... 325
New Budget Authority and Tax Expenditures ...................................................... 326
Congressional Budget Office Cost Estimate .......................................................... 326
Performance Goals and Objectives ......................................................................... 327
Duplication of Federal Programs ............................................................................ 327
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff Benefits ... 327
Federal Mandates Statement ................................................................................. 327
Preemption Clarification ......................................................................................... 327
Advisory Committee Statement .............................................................................. 327
Applicability of Legislative Branch ........................................................................ 329
Section-by-Section Analysis of Legislation ............................................................ 329
Changes in Existing Law Made by the Bill, as Reported ..................................... 387
Minority Views ......................................................................................................... 388
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(iii)
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116TH CONGRESS REPORT
" HOUSE OF REPRESENTATIVES !
2d Session 116–437
INVESTING IN A NEW VISION FOR THE ENVIRONMENT
AND SURFACE TRANSPORTATION IN AMERICA ACT
JUNE 26, 2020.—Committed to the Committee of the Whole House on the State of
the Union and ordered to be printed
Mr. DEFAZIO, from the Committee on Transportation and
Infrastructure, submitted the following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 2]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 2) to authorize funds for Federal-aid
highways, highway safety programs, and transit programs, and for
other purposes, having considered the same, reports favorably
thereon with an amendment and recommends that the bill as
amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘Investing in a New Vision for
the Environment and Surface Transportation in America Act’’ or the ‘‘INVEST in
America Act’’.
(b) TABLE OF CONTENTS.—The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
DIVISION A—FEDERAL SURFACE TRANSPORTATION PROGRAMS FOR FISCAL YEAR 2021
Sec. 101. Extension of Federal surface transportation programs.
Sec. 102. Federal Highway Administration.
Sec. 103. Federal Transit Administration.
Sec. 104. National Highway Traffic Safety Administration.
Sec. 105. Federal Motor Carrier Safety Administration.
Sec. 106. Definitions.
DIVISION B—SURFACE TRANSPORTATION
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Sec. 1001. Applicability of division.
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TITLE I—FEDERAL-AID HIGHWAYS
Subtitle A—Authorizations and Program Conditions
Sec. 1101. Authorization of appropriations.
Sec. 1102. Obligation limitation.
Sec. 1103. Definitions and declaration of policy.
Sec. 1104. Apportionment.
Sec. 1105. Additional deposits into Highway Trust Fund.
Sec. 1106. Transparency.
Sec. 1107. Complete and context sensitive street design.
Sec. 1108. Innovative project delivery Federal share.
Sec. 1109. Transferability of Federal-aid highway funds.
Sec. 1110. Tolling.
Sec. 1111. HOV facilities.
Sec. 1112. Buy America.
Sec. 1113. Federal-aid highway project requirements.
Sec. 1114. State assumption of responsibility for categorical exclusions.
Sec. 1115. Surface transportation project delivery program written agreements.
Sec. 1116. Corrosion prevention for bridges.
Sec. 1117. Sense of Congress.
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.
Sec. 1302. Community transportation investment grant program.
Sec. 1303. Grants for charging and fueling infrastructure to modernize and reconnect America for the 21st cen-
tury.
Sec. 1304. Community climate innovation grants.
Sec. 1305. Metro performance program.
Sec. 1306. Gridlock reduction grant program.
Sec. 1307. Rebuild rural grant program.
Sec. 1308. Parking for commercial motor vehicles.
Sec. 1309. Active transportation connectivity grant program.
Subtitle D—Planning, Performance Management, and Asset Management
Sec. 1401. Metropolitan transportation planning.
Sec. 1402. Statewide and nonmetropolitan transportation planning.
Sec. 1403. National goals and performance management measures.
Sec. 1404. Transportation demand data and modeling study.
Sec. 1405. Fiscal constraint on long-range transportation plans.
Subtitle E—Federal Lands, Tribes, and Territories
Sec. 1501. Territorial and Puerto Rico highway program.
Sec. 1502. Tribal transportation program.
Sec. 1503. Tribal High Priority Projects program.
Sec. 1504. Federal lands transportation program.
Sec. 1505. Federal lands and Tribal major projects program.
Sec. 1506. Office of Tribal Government Affairs.
Sec. 1507. Alternative contracting methods.
Sec. 1508. Divestiture of federally owned bridges.
Sec. 1509. Study on Federal funding available to Indian Tribes.
Sec. 1510. GAO study.
Subtitle F—Additional Provisions
Sec. 1601. Vision zero.
Sec. 1602. Speed limits.
Sec. 1603. Broadband infrastructure deployment.
Sec. 1604. Balance Exchanges for Infrastructure Program.
Sec. 1605. Stormwater best management practices.
Sec. 1606. Pedestrian facilities in the public 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.
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Sec. 1613. Transportation education development program.
Sec. 1614. Working group on construction resources.
Sec. 1615. Numbering system of highway interchanges.
Sec. 1616. Toll credits.
Sec. 1617. Transportation construction materials procurement.
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Sec. 1618. Construction of certain access and development roads.
Sec. 1619. Nationwide road safety assessment.
Sec. 1620. Wildlife crossings.
Sec. 1621. Climate resilient transportation infrastructure study.
Sec. 1622. Elimination of duplication of environmental reviews and approvals.
Sec. 1623. AMBER Alerts along major transportation routes.
Sec. 1624. Natural gas, electric battery, and zero emission vehicles.
Sec. 1625. Guidance on evacuation routes.
Sec. 1626. Prohibiting use of Federal funds for payments in support of congressional campaigns.
Sec. 1627. High priority corridors on National Highway System.
Sec. 1628. Guidance on inundated and submerged roads.
Sec. 1629. Airport innovative financing techniques.
TITLE II—PUBLIC TRANSPORTATION
Subtitle A—Federal Transit Administration
Sec. 2101. Authorizations.
Sec. 2102. Chapter 53 definitions.
Sec. 2103. General provisions.
Sec. 2104. Miscellaneous provisions.
Sec. 2105. Policies and purposes.
Sec. 2106. Fiscal year 2022 formulas.
Sec. 2107. Metropolitan transportation planning.
Sec. 2108. Statewide and nonmetropolitan transportation planning.
Sec. 2109. Obligation limitation.
Sec. 2110. Public transportation emergency relief funds.
Sec. 2111. General provisions.
Sec. 2112. Certification requirements.
Subtitle B—Improving Frequency and Ridership
Sec. 2201. Multi-jurisdictional bus frequency and ridership competitive grants.
Sec. 2202. Incentivizing frequency in the urban formula.
Sec. 2203. Mobility innovation.
Sec. 2204. Formula grants for rural areas.
Sec. 2205. One-stop paratransit program.
Subtitle C—Buy America and Other Procurement Reforms
Sec. 2301. Buy America.
Sec. 2302. Bus procurement streamlining.
Sec. 2303. Bus testing facility.
Sec. 2304. Repayment requirement.
Sec. 2305. Definition of urbanized areas following a major disaster.
Sec. 2306. Special rule for certain rolling stock procurements.
Sec. 2307. Certification requirements.
Subtitle D—Bus Grant Reforms
Sec. 2401. Formula grants for buses.
Sec. 2402. Bus facilities and fleet expansion competitive grants.
Sec. 2403. Zero emission bus grants.
Sec. 2404. Restoration to state of good repair formula subgrant.
Subtitle E—Supporting All Riders
Sec. 2501. Low-income urban formula funds.
Sec. 2502. Rural persistent poverty formula.
Sec. 2503. Demonstration grants to support reduced fare transit.
Subtitle F—Supporting Frontline Workers and Passenger Safety
Sec. 2601. National transit frontline workforce training center.
Sec. 2602. Public transportation safety program.
Sec. 2603. Innovation workforce standards.
Sec. 2604. Safety performance measures and set asides.
Sec. 2605. U.S. Employment Plan.
Sec. 2606. Technical assistance and workforce development.
Subtitle G—Transit-Supportive Communities
Sec. 2701. Transit-supportive communities.
Sec. 2702. Property disposition for affordable housing.
Sec. 2703. Affordable housing incentives in capital investment grants.
Subtitle H—Innovation
Sec. 2801. Mobility innovation sandbox program.
Sec. 2802. Transit bus operator compartment redesign program.
Sec. 2803. Federal Transit Administration Every Day Counts initiative.
Sec. 2804. Technical corrections.
Sec. 2805. National advanced technology transit bus development program.
Subtitle I—Other Program Reauthorizations
Sec. 2901. Reauthorization for capital and preventive maintenance projects for Washington Metropolitan Area
Transit Authority.
Sec. 2902. Other apportionments.
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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.
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Sec. 2914. Innovative coordinated access and mobility.
Sec. 2915. Passenger ferry grants.
Sec. 2916. Evaluation of benefits and Federal investment.
TITLE III—HIGHWAY TRAFFIC SAFETY
Sec. 3001. Authorization of appropriations.
Sec. 3002. Highway safety programs.
Sec. 3003. Traffic safety enforcement grants.
Sec. 3004. Highway safety research and development.
Sec. 3005. Grant program to prohibit racial profiling.
Sec. 3006. High-visibility enforcement program.
Sec. 3007. National priority safety programs.
Sec. 3008. Minimum penalties for repeat offenders for driving while intoxicated or driving under the influence.
Sec. 3009. National priority safety program grant eligibility.
Sec. 3010. Implicit bias research and training grants.
Sec. 3011. Stop motorcycle checkpoint funding.
Sec. 3012. Electronic driver’s license.
Sec. 3013. Motorcyclist Advisory Council.
TITLE IV—MOTOR CARRIER SAFETY
Subtitle A—Motor Carrier Safety Grants, Operations, and Programs
Sec. 4101. Motor carrier safety grants.
Sec. 4102. Motor carrier safety operations and programs.
Sec. 4103. Immobilization grant program.
Sec. 4104. Dry bulk weight tolerance.
Subtitle B—Motor Carrier Safety Oversight
Sec. 4201. Motor carrier safety advisory committee.
Sec. 4202. Compliance, safety, accountability.
Sec. 4203. Terms and conditions for exemptions.
Sec. 4204. Safety fitness of motor carriers of passengers.
Sec. 4205. Providers of recreational activities.
Sec. 4206. Amendments to regulations relating to transportation of household goods in interstate commerce.
Subtitle C—Commercial Motor Vehicle Driver Safety
Sec. 4301. Commercial driver’s license for passenger carriers.
Sec. 4302. Alcohol and controlled substances testing.
Sec. 4303. Entry-level driver training.
Sec. 4304. Driver detention time.
Sec. 4305. Truck Leasing Task Force.
Sec. 4306. Hours of service.
Sec. 4307. Driver recruitment.
Sec. 4308. Screening for obstructive sleep apnea.
Sec. 4309. Women of Trucking Advisory Board.
Subtitle D—Commercial Motor Vehicle and Schoolbus Safety
Sec. 4401. Schoolbus safety standards.
Sec. 4402. Illegal passing of schoolbuses.
Sec. 4403. State inspection of passenger-carrying commercial motor vehicles.
Sec. 4404. Automatic emergency braking.
Sec. 4405. Underride protection.
Sec. 4406. Transportation of horses.
Sec. 4407. Additional State authority.
Sec. 4408. Updating the required amount of insurance for commercial motor vehicles.
TITLE V—INNOVATION
Sec. 5001. Authorization of appropriations.
Subtitle A—Research and Development
Sec. 5101. Highway research and development program.
Sec. 5102. Materials to reduce greenhouse gas emissions program.
Sec. 5103. Transportation research and development 5-year strategic plan.
Sec. 5104. University transportation centers program.
Sec. 5105. Unsolicited research initiative.
Sec. 5106. National cooperative multimodal freight transportation research program.
Sec. 5107. Wildlife-vehicle collision reduction and habitat connectivity improvement.
Sec. 5108. Research activities.
Sec. 5109. Innovative material innovation hubs.
Subtitle B—Technology Deployment
Sec. 5201. Technology and innovation deployment program.
Sec. 5202. Accelerated implementation and deployment of pavement technologies.
Sec. 5203. Federal Highway Administration Every Day Counts initiative.
Subtitle C—Emerging Technologies
Sec. 5301. Safe, efficient mobility through advanced technologies.
Sec. 5302. Intelligent transportation systems program.
Sec. 5303. National highly automated vehicle and mobility innovation clearinghouse.
Sec. 5304. Study on safe interactions between automated vehicles and road users.
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Sec. 5305. Nontraditional and Emerging Transportation Technology Council.
Sec. 5306. Hyperloop transportation.
Sec. 5307. Surface transportation workforce retraining grant program.
Sec. 5308. Third-party data integration pilot program.
Sec. 5309. Third-party data planning integration pilot program.
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Subtitle D—Surface Transportation Funding Pilot Programs
Sec. 5401. State surface transportation system funding pilots.
Sec. 5402. National surface transportation system funding pilot.
Subtitle E—Miscellaneous
Sec. 5501. Ergonomic seating working group.
Sec. 5502. Repeal of section 6314 of title 49, United States Code.
Sec. 5503. Transportation workforce outreach program.
Sec. 5504. Certification on ensuring no human rights abuses.
TITLE VI—MULTIMODAL TRANSPORTATION
Sec. 6001. National multimodal freight policy.
Sec. 6002. National freight strategic plan.
Sec. 6003. National multimodal freight network.
Sec. 6004. State freight advisory committees.
Sec. 6005. State freight plans.
Sec. 6006. Study of freight transportation fee.
Sec. 6007. National Surface Transportation and Innovative Finance Bureau.
Sec. 6008. Local hire.
Sec. 6009. FTE cap.
Sec. 6010. Identification of COVID–19 testing needs of critical infrastructure employees.
TITLE VII—TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION ACT
Sec. 7001. Transportation Infrastructure Finance and Innovation Act.
DIVISION C—HAZARDOUS MATERIALS TRANSPORTATION
Sec. 8001. Short title.
TITLE I—AUTHORIZATIONS
Sec. 8101. Authorization of appropriations.
TITLE II—HAZARDOUS MATERIALS SAFETY AND IMPROVEMENT
Sec. 8201. Repeal of certain requirements related to lithium cells and batteries.
Sec. 8202. Transportation of liquefied natural gas by rail tank car.
Sec. 8203. Hazardous materials training requirements and grants.
DIVISION D—RAIL
Sec. 9001. Short title.
TITLE I—AUTHORIZATIONS
Sec. 9101. Authorization of appropriations.
Sec. 9102. Passenger rail improvement, modernization, and expansion grants.
Sec. 9103. Consolidated rail infrastructure and safety improvement grants.
Sec. 9104. Railroad rehabilitation and improvement financing.
Sec. 9105. Buy America.
Sec. 9106. Rail network climate change vulnerability assessment.
TITLE II—AMTRAK REFORMS
Sec. 9201. Amtrak findings, mission, and goals.
Sec. 9202. Amtrak status.
Sec. 9203. Board of Directors.
Sec. 9204. Amtrak preference enforcement.
Sec. 9205. Use of facilities and providing services to Amtrak.
Sec. 9206. Prohibition on mandatory arbitration.
Sec. 9207. Amtrak ADA assessment.
Sec. 9208. Prohibition on smoking on Amtrak trains.
Sec. 9209. State-supported routes operated by Amtrak.
Sec. 9210. Amtrak Police Department.
Sec. 9211. Amtrak food and beverage.
Sec. 9212. Clarification on Amtrak contracting out.
Sec. 9213. Amtrak staffing.
Sec. 9214. Special transportation.
Sec. 9215. Disaster and emergency relief program.
Sec. 9216. Recreational trail access.
Sec. 9217. Investigation of substandard performance.
Sec. 9218. Amtrak cybersecurity enhancement grant program.
Sec. 9219. Amtrak and private cars.
Sec. 9220. Amtrak Office of Community Outreach.
TITLE III—INTERCITY PASSENGER RAIL POLICY
Sec. 9301. Northeast Corridor Commission.
Sec. 9302. Northeast Corridor planning.
Sec. 9303. Protective arrangements.
Sec. 9304. High-speed rail funds.
TITLE IV—COMMUTER RAIL POLICY
Sec. 9401. Surface Transportation Board mediation of trackage use requests.
Sec. 9402. Surface Transportation Board mediation of rights-of-way use requests.
Sec. 9403. Chicago Union Station improvement plans.
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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.
Sec. 9505. Notice of FRA comprehensive safety assessments.
Sec. 9506. FRA accident and incident investigations.
Sec. 9507. Rail safety improvements.
Sec. 9508. Annual review of speed limit action plans.
Sec. 9509. Freight train crew size safety standards.
Sec. 9510. Safe cross border operations.
Sec. 9511. Yardmasters hours of service.
Sec. 9512. Leaking brakes.
Sec. 9513. Annual report on PTC system failures.
Sec. 9514. Fatigue reduction pilot projects.
Sec. 9515. Assault prevention and response plans.
Sec. 9516. Critical incident stress plans.
Sec. 9517. Study on safety culture assessments.
Subtitle B—Grade Crossing Safety
Sec. 9551. Grade crossing separation grants.
Sec. 9552. Rail safety public awareness grants.
Sec. 9553. Establishment of 10-minute time limit for blocking public grade crossings.
Sec. 9554. National strategy to address blocked crossings.
Sec. 9555. Railroad point of contact for blocked crossing matters.
Sec. 9556. National highway-rail crossing inventory review.
Sec. 9557. Counting railroad suicides.
DIVISION E—ADDITIONAL PROGRAMS
Sec. 10001. National scenic byways program.
DIVISION A—FEDERAL SURFACE TRANSPOR-
TATION PROGRAMS FOR FISCAL YEAR 2021
SEC. 101. EXTENSION OF FEDERAL SURFACE TRANSPORTATION PROGRAMS.
(a) EXTENSION OF FEDERAL SURFACE TRANSPORTATION PROGRAMS.—
(1) IN GENERAL.—Except as otherwise provided in this division, the require-
ments, authorities, conditions, eligibilities, limitations, and other provisions au-
thorized under the covered laws, which would otherwise expire on or cease to
apply after September 30, 2020, are incorporated by reference and shall con-
tinue in effect through September 30, 2021.
(2) AUTHORIZATION OF APPROPRIATIONS.—
(A) HIGHWAY TRUST FUND.—
(i) HIGHWAY ACCOUNT.—
(I) IN GENERAL.—Except as provided in subclause (II), there is
authorized to be appropriated from the Highway Account for fiscal
year 2021, for each program under the covered laws with respect
to which amounts are authorized to be appropriated from such ac-
count for fiscal year 2020, an amount equal to the amount author-
ized for appropriation with respect to the program from such ac-
count for fiscal year 2020.
(II) ADMINISTRATIVE EXPENSES.—Notwithstanding any other pro-
vision of this division, there is authorized to be appropriated from
the Highway Account for fiscal year 2021—
(aa) $502,897,049 for administrative expenses of the Federal
Highway Administration, as described in section 104(a) of title
23, United States Code; and
(bb) $30,086,000 for grant administrative expenses of the
National Highway Traffic Safety Administration, as described
in section 4001(a)(6) of the FAST Act (Public Law 114–94).
(ii) MASS TRANSIT ACCOUNT.—There is authorized to be appropriated
from the Mass Transit Account for fiscal year 2021, for each program
under the covered laws with respect to which amounts are authorized
to be appropriated from such account for fiscal year 2020, an amount
equal to the amount authorized for appropriation with respect to the
program from such account for fiscal year 2020.
(B) GENERAL FUND.—
(i) IN GENERAL.—Except as provided in clause (ii), there is authorized
to be appropriated for fiscal year 2021, for each program with respect
to which amounts are authorized to be appropriated for fiscal year 2020
from an account other than the Highway Account or the Mass Transit
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Account under the titles described in subsection (b)(1), an amount not
less than the amount authorized for appropriation with respect to the
program under such titles for fiscal year 2020.
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(ii) ADMINISTRATIVE EXPENSES.—Notwithstanding any other provision
of this division, there is authorized to be appropriated from the general
fund of the Treasury for fiscal year 2021 $140,016,543 for administra-
tive expenses of the Federal Transit Administration.
(3) USE OF FUNDS.—Except as otherwise provided in this division, amounts
authorized to be appropriated for fiscal year 2021 with respect to a program
under paragraph (2) shall be distributed, administered, limited, and made avail-
able for obligation in the same manner as amounts authorized to be appro-
priated with respect to the program for fiscal year 2020 under the covered laws.
(4) OBLIGATION LIMITATION.—
(A) IN GENERAL.—Except as provided in subparagraph (B), a program for
which amounts are authorized to be appropriated under paragraph (2)(A)
shall be subject to a limitation on obligations for fiscal year 2021 in the
same amount and in the same manner as the limitation applicable with re-
spect to the program for fiscal year 2020 under the Department of Trans-
portation Appropriations Act, 2020 (Public Law 116–94), as in effect on De-
cember 20, 2019.
(B) FEDERAL-AID HIGHWAY AND HIGHWAY SAFETY CONSTRUCTION PRO-
GRAMS.—
(i) IN GENERAL.—Notwithstanding any other provision of this divi-
sion, section 1102 of the FAST Act (Public Law 114–94), or the Depart-
ment of Transportation Appropriations Act, 2020 (Public Law 116–94),
for fiscal year 2021, the obligations for Federal-aid highway and high-
way safety construction programs shall not exceed $46,387,191,360.
(ii) LIMITATION ON FEDERAL HIGHWAY ADMINISTRATION ADMINISTRA-
TIVE EXPENSES.—Notwithstanding any other provision of this division,
of the amount described in clause (i), for fiscal year 2021 an amount
not to exceed $478,897,049, together with advances and reimburse-
ments received by the Federal Highway Administration, shall be obli-
gated for necessary expenses for administration and operation of the
Federal Highway Administration.
(b) DEFINITIONS.—In this section, the term ‘‘covered laws’’ means the following:
(1) Titles I, III, IV, V, and VI of division A of the FAST Act (Public Law 114–
94).
(2) Division A, division B, subtitle A of title I and title II of division C, and
division E of MAP–21 (Public Law 112–141).
(3) Titles I, II, and III of the SAFETEA–LU Technical Corrections Act of 2008
(Public Law 110–244).
(4) Titles I, II, III, IV, V, and VI of SAFETEA–LU (Public Law 109–59).
(5) Titles I, II, III, IV, and V of the Transportation Equity Act for the 21st
Century (Public Law 105–178).
(6) Titles II, III, and IV of the National Highway System Designation Act of
1995 (Public Law 104–59).
(7) Title I, part A of title II, title III, title IV, title V, and title VI of the Inter-
modal Surface Transportation Efficiency Act of 1991 (Public Law 102–240).
(8) Title 23, United States Code.
(9) Sections 116, 117, 330, and 5505 and chapters 53, 139, 303, 311, 313, 701,
and 702 of title 49, United States Code.
SEC. 102. FEDERAL HIGHWAY ADMINISTRATION.
(a) ADDITIONAL AMOUNTS.—
(1) AUTHORIZATION OF APPROPRIATIONS.—
(A) IN GENERAL.—In addition to amounts authorized under section 101,
there is authorized to be appropriated from the Highway Account for fiscal
year 2021, for activities under this section, $14,742,808,640.
(B) CONTRACT AUTHORITY.—Amounts authorized to be appropriated under
subparagraph (A) shall be available for obligation as if apportioned under
chapter 1 of title 23, United States Code.
(2) OBLIGATION CEILING.—
(A) IN GENERAL.—Notwithstanding any other provision of law, for fiscal
year 2021, obligations for activities authorized under paragraph (1) shall
not exceed $14,742,808,640.
(B) DISTRIBUTION OF OBLIGATION AUTHORITY.—
(i) IN GENERAL.—Of the obligation authority provided under subpara-
graph (A), the Secretary shall make available to States, Tribes, Puerto
Rico, the territories, and Federal land management agencies, during
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the period of fiscal year 2021, amounts of obligation authority equal to
the amounts described in subparagraphs (A) through (E) of paragraph
(3), respectively.
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(ii) FURTHER DISTRIBUTION.—Each State, each Tribe, Puerto Rico,
each territory, and each Federal land management agency receiving
funds under subparagraphs (A) through (E) of paragraph (3), respec-
tively, shall receive an amount of obligation authority equal to the
funds that it receives under any of such subparagraphs.
(C) REDISTRIBUTION OF UNUSED OBLIGATION AUTHORITY.—
(i) IN GENERAL.—Notwithstanding subparagraph (B), the Secretary
shall, after August 1 of fiscal year 2021—
(I) revise a distribution of the obligation authority made avail-
able under subparagraph (B) if an amount distributed cannot be
obligated during that fiscal year; and
(II) redistribute sufficient amounts to those States able to obli-
gate amounts in addition to those previously distributed during
that fiscal year, giving priority to those States having large unobli-
gated balances of funds apportioned under sections 144 (as in effect
on the day before the date of enactment of MAP–21 (Public Law
112–141)) and 104 of title 23, United States Code.
(ii) ADMINISTRATION.—The Secretary shall administer a redistribu-
tion under clause (i) of obligation authority provided under subpara-
graph (B) in a similar manner as the standard August redistribution.
(iii) USE OF OBLIGATION AUTHORITY.—A State may use obligation au-
thority that it receives pursuant to this subparagraph in the same
manner that it uses obligation authority that it receives as part of the
standard August redistribution.
(3) DISTRIBUTION OF FUNDS.—Amounts authorized to be appropriated for fis-
cal year 2021 under paragraph (1) shall be distributed as follows:
(A) $14,384,629,710 to the States.
(B) $167,481,814 to Tribes.
(C) $52,400,251 to Puerto Rico.
(D) $13,929,181 to the territories.
(E) $124,367,684 to Federal land management agencies.
(4) STATE FUNDS.—
(A) DISTRIBUTION.—
(i) IN GENERAL.—Amounts made available under paragraph (3)(A)
shall be distributed among the States in the same ratio as total State
apportionments under section 104(c)(1) of title 23, United States Code,
in fiscal year 2020.
(ii) SUBALLOCATION.—
(I) IN GENERAL.—Amounts distributed among the States under
clause (i) shall be suballocated within the State to an area de-
scribed in subclause (II) in the proportion that—
(aa) the total amount of funds suballocated to such area of
the State as described in such subclause for fiscal year 2020;
bears to
(bb) the total amount of funds apportioned to the State for
the Federal-aid highway program under section 104 of title 23,
United States Code, for fiscal year 2020.
(II) AREAS DESCRIBED.—The areas described in this subclause
are—
(aa) urbanized areas of the State with an urbanized area
population of over 200,000;
(bb) areas of the State other than urban areas with a popu-
lation greater than 5,000; and
(cc) other areas of the State.
(B) TREATMENT.—Except as otherwise provided in this paragraph,
amounts made available under paragraph (3)(A) shall be administered as
if apportioned under chapter 1 of title 23, United States Code.
(C) USE OF FUNDS.—Amounts made available under paragraph (3)(A) may
be obligated for—
(i) eligible projects described in section 133(b) of title 23, United
States Code, subject to section 133(c) of such title; and
(ii) administrative expenses, including salaries and benefits, of—
(I) the State department of transportation;
(II) a local transportation agency; or
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(III) a metropolitan planning organization.
(5) TRIBAL FUNDS.—
(A) TREATMENT.—
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(i) IN GENERAL.—Except as otherwise provided in this paragraph,
amounts made available under paragraph (3)(B) shall be administered
as if made available under section 202 of title 23, United States Code.
(ii) NONAPPLICABILITY OF CERTAIN PROVISIONS OF LAW.—Subsections
(a)(6), (c), (d), and (e) of section 202 of title 23, United States Code,
shall not apply to amounts made available under paragraph (3)(B).
(B) USE OF FUNDS.—Amounts made available under paragraph (3)(B) may
be obligated for—
(i) activities eligible under section 202(a)(1) of title 23, United States
Code; and
(ii) transportation-related administrative expenses, including salaries
and benefits, of the Tribe.
(6) FUNDS FOR PUERTO RICO AND THE TERRITORIES.—
(A) TREATMENT.—
(i) IN GENERAL.—Except as otherwise provided in this paragraph,
amounts made available under paragraphs (3)(C) and (3)(D) shall be
administered as if allocated under sections 165(b) and 165(c), respec-
tively, of title 23, United States Code.
(ii) NONAPPLICABILITY OF CERTAIN PROVISIONS OF LAW.—Section
165(b)(2) of title 23, United States Code, shall not apply to amounts
made available to Puerto Rico under paragraph (3)(C).
(B) USE OF FUNDS.—
(i) PUERTO RICO.—Amounts made available to Puerto Rico under
paragraph (3)(C) may be obligated for—
(I) activities eligible under chapter 1 of title 23, United States
Code; and
(II) transportation related administrative expenses, including
salaries and benefits.
(ii) TERRITORIES.—Amounts made available to a territory under para-
graph (3)(D) may be obligated for—
(I) activities eligible under section 165(c)(6) of title 23, United
States Code, subject to section 165(c)(7) of such title; and
(II) transportation-related administrative expenses, including
salaries and benefits.
(7) FEDERAL LAND MANAGEMENT AGENCY FUNDS.—
(A) DISTRIBUTION.—Amounts made available under paragraph (3)(E)
shall be distributed among the Federal land management agencies as fol-
lows:
(i) $99,494,147 for the National Park Service.
(ii) $9,949,415 for the United States Fish and Wildlife Service.
(iii) $6,301,296 for the United States Forest Service.
(iv) $8,622,826 to be allocated to the applicable Federal land manage-
ment agencies as described in section 203(b) of title 23, United States
Code.
(B) TREATMENT.—Amounts made available under paragraph (3)(E) shall
be administered as if made available under section 203 of title 23, United
States Code.
(8) DISADVANTAGED BUSINESS ENTERPRISES.—Section 1101(b) of the FAST Act
(Public Law 114–94) shall apply to additional amounts made available under
paragraph (1).
(b) SPECIAL RULES FOR FISCAL YEAR 2021.—
(1) SUBALLOCATED AMOUNTS.—
(A) USE OF FUNDS.—Amounts authorized to be appropriated for fiscal
year 2021 with respect to a program under section 101(a)(2)(A) that are
suballocated pursuant to section 133(d)(1)(A) of title 23, United States
Code, may be obligated for—
(i) eligible projects as described in section 133(b) of title 23, United
States Code; or
(ii) administrative expenses, including salaries and benefits, of—
(I) a local transportation agency; or
(II) a metropolitan planning organization.
(B) OBLIGATION AUTHORITY.—
(i) IN GENERAL.—A State that is required to obligate in an urbanized
area with an urbanized area population of over 200,000 individuals
under section 133(d) of title 23, United States Code, funds apportioned
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to the State under section 104(b)(2) of such title shall make available
during the period of fiscal years 2016 through 2021 an amount of obli-
gation authority distributed to the State for Federal-aid highways and
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10
highway safety construction programs for use in the area that is equal
to the amount obtained by multiplying—
(I) the aggregate amount of funds that the State is required to
obligate in the area under section 133(d) of title 23, United States
Code, during the period; and
(II) the ratio that—
(aa) the aggregate amount of obligation authority distributed
to the State for Federal-aid highways and highway safety con-
struction programs during the period; bears to
(bb) the total of the sums apportioned to the State for Fed-
eral-aid highways and highway safety construction programs
(excluding sums not subject to an obligation limitation) during
the period.
(ii) JOINT RESPONSIBILITY.—Each State, each affected metropolitan
planning organization, and the Secretary shall jointly ensure compli-
ance with clause (i).
(2) FERRY BOAT PROGRAM.—Amounts authorized to be appropriated for fiscal
year 2021 with respect to a program under section 101(a)(2)(A) that are made
available for the construction of ferry boats and ferry terminal facilities under
section 147 of title 23, United States Code, may be obligated—
(A) in accordance with sections 129(c) and 147 of title 23, United States
Code;
(B) for administrative expenses, including salaries and benefits, of a ferry
boat operator or ferry terminal facility operator eligible for Federal partici-
pation under section 129(c) of title 23, United States Code; and
(C) for operating costs associated with a ferry boat or ferry terminal facil-
ity eligible for Federal participation under section 129(c) of title 23, United
States Code.
(3) NATIONALLY SIGNIFICANT FREIGHT AND HIGHWAY PROJECTS.—In fiscal year
2021, the program carried out under section 117 of title 23, United States Code,
shall, in addition to any otherwise applicable requirements, be subject to the fol-
lowing provisions:
(A) MULTIMODAL PROJECTS.—Notwithstanding subsection (d)(2)(A) of such
section, the limitation for projects described in such subsection shall be
$600,000,000 for fiscal years 2016 through 2021.
(B) ADDITIONAL CONSIDERATIONS.—Notwithstanding subsection (h)(2) of
such section, the Secretary shall not consider the utilization of non-Federal
contributions.
(C) EVALUATION AND RATING.—To evaluate applications for funding under
such section, the Secretary shall—
(i) determine whether a project is eligible for a grant under such sec-
tion;
(ii) evaluate, through a methodology that is discernible and trans-
parent to the public, how each application addresses the merit criteria
established by the Secretary;
(iii) assign a quality rating for each merit criteria for each application
based on the evaluation under clause (ii);
(iv) ensure that applications receive final consideration by the Sec-
retary to receive an award under such section only on the basis of such
quality ratings and that the Secretary gives final consideration only to
applications that meet the minimally acceptable level for each of the
merit criteria; and
(v) award grants only to projects rated highly under the evaluation
and rating process.
(D) PUBLICATION AND METHODOLOGY.—In any published notice of funding
opportunity for a grant under such section, the Secretary shall include de-
tailed information on the rating methodology and merit criteria to be used
to evaluate applications.
(E) REPEAT APPLICATIONS.—
(i) BRIEFING.—The Secretary shall provide to each applicant that ap-
plied for, but did not receive, funding under such section in fiscal year
2019 or 2020, at the request of the applicant, the opportunity to receive
a briefing to—
(I) explain any reasons the application was not selected for fund-
ing; and
(II) advise the applicant on how to improve the application for
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resubmission in fiscal year 2021 under the application criteria de-
scribed in this paragraph.
(ii) SUPPLEMENTARY APPLICATION.—
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(I) IN GENERAL.—An applicant for funding under such section
may elect to resubmit an application from a previous solicitation
with a supplementary appendix that describes how the proposed
project meets the requirements of section 117 of title 23, United
States Code, and this paragraph.
(II) REQUIREMENTS.—The Secretary shall ensure that applica-
tions submitted under subclause (I), including the supplementary
appendix, are evaluated based on such requirements.
(F) CONGRESSIONAL NOTIFICATION.—A notification submitted pursuant to
subsection (m) of such section shall include—
(i) a summary of each application submitted and, at the request of
either Committee, a copy of any application submitted;
(ii) a list of any projects the Secretary determined were not eligible
for funding;
(iii) a description of the specific criteria used for each evaluation, in-
cluding the quality rating assigned for each eligible application sub-
mitted;
(iv) a list of all projects that advanced to the Secretary for consider-
ation; and
(v) a detailed justification of the basis for each award proposed to be
selected.
(c) FEDERAL SHARE.—
(1) IN GENERAL.—Except as provided in paragraph (3) and notwithstanding
section 120 of title 23, United States Code, or any other provision of this divi-
sion, the Federal share associated with funds described in paragraph (2) that
are obligated during fiscal year 2021 may be up to 100 percent.
(2) FUNDS DESCRIBED.—The funds described in this paragraph are funds
made available for the implementation or execution of Federal-aid highway and
highway safety construction programs authorized under title 23 or 49, United
States Code, the FAST Act (Public Law 114–94), or this division.
(3) EXCEPTIONS.—Paragraph (1) shall not apply to amounts obligated under
section 115 or 117 of title 23, United States Code, or chapter 6 of such title.
(d) ADMINISTRATIVE EXPENSES.—
(1) SELF-CERTIFICATION AND AUDIT.—
(A) IN GENERAL.—Prior to the obligation of funds for administrative ex-
penses pursuant to paragraph (4)(C)(ii), (5)(B)(ii), (6)(B)(i)(II), or
(6)(B)(ii)(II) of subsection (a) or paragraphs (1)(A)(ii) and (2)(B) of sub-
section (b), a State, a Tribe, Puerto Rico, or a territory, as applicable, shall
certify to the Secretary that such administrative expenses meet the require-
ments of such paragraphs, as applicable.
(B) AUDIT.—The Secretary may conduct an audit to review obligations of
funds and liquidation of such obligations for eligible administrative ex-
penses described under subparagraph (A).
(2) PLANNING.—Notwithstanding any other provision of law, administrative
expenses described in paragraph (1)(A) shall not be required to be included in
a metropolitan transportation plan, a long-range statewide transportation plan,
a transportation improvement program, or a statewide transportation improve-
ment program under sections 134 or 135 of title 23, United States Code, or
chapter 53 of title 49, United States Code, as applicable.
(e) DEFINITIONS.—In this section, the following definitions apply:
(1) STANDARD AUGUST REDISTRIBUTION.—The term ‘‘standard August redis-
tribution’’ means the redistribution of obligation authority that the Secretary is
directed to administer under—
(A) section 1102(d) of the FAST Act (Public Law 114–94); or
(B) any Act making appropriations for the Department of Transportation
for fiscal year 2021.
(2) STATE.—The term ‘‘State’’ means the 50 States and the District of Colum-
bia.
(3) TERRITORY.—The term ‘‘territory’’ means any of the following territories of
the United States:
(A) American Samoa.
(B) The Commonwealth of the Northern Mariana Islands.
(C) Guam.
(D) The United States Virgin Islands.
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(4) URBAN AREA; URBANIZED AREA.—The terms ‘‘urban area’’ and ‘‘urbanized
area’’ have the meanings given such terms in section 101 of title 23, United
States Code.
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SEC. 103. FEDERAL TRANSIT ADMINISTRATION.
(a) ADDITIONAL AMOUNTS.—
(1) AUTHORIZATION OF APPROPRIATIONS FROM MASS TRANSIT ACCOUNT.—
(A) IN GENERAL.—In addition to amounts authorized under section 101,
there is authorized to be appropriated from the Mass Transit Account for
fiscal year 2021, for activities under this section, $5,794,851,538.
(B) APPORTIONMENT.—Amounts authorized under subparagraph (A) shall
be apportioned in accordance with section 5310, section 5311 (other than
subsections (b)(3), (c)(1)(A), and (c)(2) of such section), section 5336 (other
than subsection (h)(4) of such section), section 5337, and section 5340 of
title 49, United States Code, except that funds apportioned under section
5337 of such title shall be added to funds apportioned under section 5307
of such title for administration under section 5307 of such title.
(C) ALLOCATION.—The Secretary shall allocate the amounts authorized to
be appropriated to sections 5307, 5310, 5311, 5337, and 5340 of title 49,
United States Code, among such sections in the same ratio as funds are
provided in the fiscal year 2020 appropriations.
(D) OBLIGATION LIMITATION.—Notwithstanding any other provision of
law, for fiscal year 2021, obligations for activities authorized under this
paragraph shall not exceed $5,794,851,538.
(2) AUTHORIZATION OF APPROPRIATIONS FROM GENERAL FUND.—In addition to
amounts authorized under section 101(a)(1)(B), there is authorized to be appro-
priated from the general fund of the Treasury—
(A) $958,000,000 to carry out section 5309 of title 49, United States Code;
and
(B) such sums as may be necessary to be made available as described in
subsection (c) and that such sums shall be designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
(3) DISADVANTAGED BUSINESS ENTERPRISES.—Section 1101(b) of the FAST Act
(Public Law 114–94) shall apply to additional amounts made available under
this subsection.
(b) SPECIAL RULES FOR FISCAL YEAR 2021.—
(1) USE OF FUNDS.—Notwithstanding 5307(a)(1) of title 49, United States
Code, amounts made available under subsection (a)(1)(A) may be obligated for—
(A) operating expenses, including, beginning on January 20, 2020—
(i) reimbursement for operating costs to maintain service and offset
lost revenue, including the purchase of personal protective equipment;
and
(ii) paying the administrative leave of operations personnel due to re-
ductions in service; and
(B) any other activity eligible under section 5307, 5310, 5311, or 5337 of
title 49, United States Code.
(2) CONDITIONS.—Recipients use of funds under paragraph (1) shall—
(A) not require that operating expenses described in paragraph (1)(A) be
included in a metropolitan transportation plan, long-range statewide trans-
portation plan, a transportation improvement program, or a statewide
transportation improvement program;
(B) meet the requirements of section 5333 of title 49, United States Code;
and
(C) to the maximum extent possible, be directed to payroll and public
transit service, unless the recipient certifies to the Secretary that such re-
cipient has not furloughed any employees.
(3) OVERSIGHT.—
(A) Of the amounts made available to carry out this section, the percent-
ages available for oversight in section 5338(f)(1) of title 49, United States
Code, shall apply to the allocations of funds in subsection (a)(1)(C).
(B) USE OF FUNDS.—Amounts made available under subsection (a)(1)(A)
shall be available for administrative expenses and program management
oversight as authorized under sections 5334 and 5338(f)(2) of title 49,
United States Code.
(4) ADMINISTRATION OF GRANTS.—Amounts made available under subsection
(a)(1)(A) shall be administered, at the option of the recipient, as grants provided
under the CARES Act (Public Law 116–136) are administered.
(c) CIG COVID–19 EMERGENCY RELIEF PROGRAM.—
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(1) IN GENERAL.—From amounts made available under subsection (a)(2)(B)
and notwithstanding section 5309(k)(2)(C)(ii), section 5309(a)(7)(B), or section
5309(l)(1)(B)(ii) of title 49, United States Code, at the request of a project spon-
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13
sor, the Secretary shall use such sums as may be necessary to provide an addi-
tional 30 percent of total project costs for any project under—
(A) 5309(d) of title 49, United States Code, that has been approved for
advancement into the engineering phase;
(B) 5309(e) of title 49, United States Code, that has entered into the
project development phase or approved for advancement into the engineer-
ing phase;
(C) subsection (d) or (e) of section 5309 of title 49, United States Code,
that has a full funding grant agreement entered into under either such sub-
section after January 1, 2017; and
(D) section 5309(h) of title 49, United States Code, that the Federal Tran-
sit Administration has a small starts grant award or agreement entered
into after January, 1, 2017, or that has been recommended by the Adminis-
tration for an allocation of capital investment funds that were appropriated
in fiscal year 2018, 2019, or 2020.
(2) PROJECT ELIGIBILITY.—From amounts made available under subsection
(a)(2)(B), the Secretary shall use such sums as may be necessary for projects
under section 5309 of title 49, United States Code, that—
(A) are not eligible for funds made available under paragraph (1); and
(B) have remaining scheduled Federal funds to be appropriated under a
full funding grant agreement under such section.
(3) DEFERRED LOCAL SHARE.—The Secretary shall allow a project sponsor to
defer payment of the local share for any project described in paragraphs (1) and
(2).
(4) TOTAL PROJECT COST.—In this subsection, the term ‘‘total project cost’’
means the most recent total project cost stipulated in—
(A) the full funding grant agreement;
(B) the approval into project engineering;
(C) the project rating for a project not yet approved into project engineer-
ing;
(D) the small starts grant or grant agreement; or
(E) the project rating for a small starts project that has not yet been
awarded a grant or grant agreement.
(5) FEDERAL SHARE.—The Federal share of the costs of a project under this
subsection may not exceed 80 percent.
(6) APPLICATION OF LAW.—For purposes of paragraph (1), the Secretary shall
apply section 7001(b) of this Act when providing the additional 30 percent of
total project costs to any project that meets the criteria in such section.
(d) FEDERAL SHARE.—
(1) IN GENERAL.—Notwithstanding chapter 53 of title 49, United States Code,
or any other provision of this division, the Federal share associated with funds
described in paragraph (2) that are obligated during fiscal year 2021 may be
up to 100 percent.
(2) FUNDS DESCRIBED.—The funds described in this paragraph are funds
made available for the implementation of transit programs authorized by chap-
ter 53 of title 49, United States Code, the FAST Act (Public Law 114–94), or
this division, excluding funds made available to projects under section 5309 of
title 49, United States Code.
(e) CONDITION FOR APPORTIONMENT.—No funds authorized in this division or any
other Act may be used to adjust Mass Transit Account apportionments or withhold
funds from Mass Transit Account apportionments pursuant to section 9503(e)(4) of
the Internal Revenue Code of 1986 in fiscal year 2021.
SEC. 104. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION.
(a) SPECIAL FUNDING FOR FISCAL YEAR 2021.—
(1) IN GENERAL.—
(A) AUTHORIZATION OF APPROPRIATIONS.—In addition to amounts author-
ized under section 101, there is authorized to be appropriated from the
Highway Account for fiscal year 2021, for activities under this subsection,
$244,514,000.
(B) CONTRACT AUTHORITY.—Amounts authorized under subparagraph (A)
shall be available for obligation in the same manner as if such funds were
apportioned under chapter 1 of title 23, United States Code.
(C) OBLIGATION LIMITATION.—Notwithstanding any other provision of law,
for fiscal year 2021, obligations for activities authorized under this para-
graph and obligations for activities authorized under section
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101(a)(2)(A)(i)(II)(bb) that exceed amounts authorized under section
4001(a)(6) of the FAST Act (Public Law 114–94) shall not exceed
$247,783,000.
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14
(2) DISTRIBUTION OF FUNDS.—Amounts authorized to be appropriated for fis-
cal year 2021 under paragraph (1) shall be distributed as follows:
(A) $105,000,000 for carrying out section 402 of title 23, United States
Code.
(B) $15,312,000 for carrying out section 403 of title 23, United States
Code.
(C) $19,202,000 for carrying out section 404 of title 23, United States
Code.
(D) $105,000,000 for carrying out section 405 of title 23, United States
Code.
(b) SPECIAL RULES FOR FISCAL YEAR 2021.—
(1) FEDERAL SHARE.—Notwithstanding sections 120, 405(b)(2), 405(c)(2),
405(d)(2) and 405(h)(2) of title 23, United States Code, the Federal share of ac-
tivities for fiscal year 2021 carried out under chapter 4 of title 23, United States
Code and section 1906 of SAFETEA–LU (23 U.S.C. 402 note) shall be 100 per-
cent.
(2) PERIOD OF AVAILABILITY.—Notwithstanding section 118(b) of title 23,
United States Code, funds apportioned or allocated to a State in fiscal years
2017 and 2018 under sections 402 and 405 of title 23, United States Code, and
section 1906 of SAFETEA–LU (23 U.S.C. 402 note), shall remain available for
obligation in that State for a period of 4 years after the last day of the fiscal
year for which the funds are authorized. Notwithstanding any other provision
of law, this paragraph shall apply as if such paragraph was enacted on Sep-
tember 30, 2020.
(3) MAINTENANCE OF EFFORT.—Notwithstanding section 405(a)(9) of title 23,
United States Code, the Secretary may waive the maintenance of effort require-
ments under such section for fiscal year 2021 for a State, if the Secretary deter-
mines appropriate.
(4) IN-VEHICLE ALCOHOL DETECTION DEVICE RESEARCH.—In carrying out sub-
section (h) of section 403 of title 23, United States Code, the Secretary may obli-
gate from funds made available to carry out such section for fiscal year 2021
not more than $5,312,000 to conduct the research described in paragraph (1) of
such subsection.
(5) COOPERATIVE RESEARCH AND EVALUATION.—Notwithstanding the appor-
tionment formula set forth in section 402(c)(2) of title 23, United States Code,
and section 403(f)(1) of title 23, United States Code, $2,500,000 of the total
amount available for apportionment to the States for highway safety programs
under section 402(c)(2) of title 23, United States Code, for each of fiscal years
2016 through 2021, shall be available for expenditure by the Secretary, acting
through the Administrator of the National Highway Traffic Safety Administra-
tion, for a cooperative research and evaluation program to research and evalu-
ate priority highway safety countermeasures. This paragraph shall apply as if
such paragraph was enacted on October 1, 2015.
SEC. 105. FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION.
(a) SPECIAL FUNDING FOR FISCAL YEAR 2021.—
(1) AUTHORIZATION OF APPROPRIATIONS.—
(A) IN GENERAL.—In addition to amounts authorized under section 101,
there is authorized to be appropriated from the Highway Account for fiscal
year 2021, for activities under this subsection, $209,900,000.
(B) OBLIGATION LIMITATION.—Notwithstanding any other provision of law,
for fiscal year 2021, obligations for activities authorized under this para-
graph shall not exceed $209,900,000.
(2) DISTRIBUTION OF FUNDS.—Amounts authorized to be appropriated for fis-
cal year 2021 under paragraph (1) shall be distributed as follows:
(A) Subject to section 31104(c) of title 49, United States Code—
(i) $80,512,000 for carrying out section 31102 (except subsection (l))
of title 49, United States Code);
(ii) $14,208,000 for carrying out section 31102(l) of title 49, United
States Code; and
(iii) $23,680,000 for carrying out section 31313 of title 49, United
States Code.
(B) $91,500,000 for carrying out section 31110 of title 49, United States
Code.
(3) TREATMENT OF FUNDS.—Except as provided in subsection (b), amounts
made available under this section shall be made available for obligation and ad-
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ministered as if made available under chapter 311 of title 49, United States
Code.
(b) SPECIAL RULES FOR FISCAL YEAR 2021.—
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(1) FINANCIAL ASSISTANCE AGREEMENTS FEDERAL SHARE.—Notwithstanding
chapter 311 of title 49, United States Code, or any regulations adopted pursu-
ant to such chapter, for the duration of fiscal year 2021 with respect to all fi-
nancial assistance made available under subsection (a) and section 101, the Sec-
retary of Transportation may—
(A) reimburse recipients under section 31104(b)(2) of title 49, United
States Code, in an amount that is 100 percent of the costs described in such
section; and
(B) waive the maintenance of effort requirement under 31102(f) of title
49, United States Code, for all States without requiring States to request
a waiver.
(2) FINANCIAL ASSISTANCE AGREEMENTS PERIOD OF AVAILABILITY.—Notwith-
standing section 31104(f) of title 49, United States Code, the Secretary shall ex-
tend the periods of availability described in such section by 1 year.
(3) ADMINISTRATIVE EXPENSES.—The Administrator of the Federal Motor Car-
rier Safety Administration shall ensure that funds made available under sub-
section (a)(2)(B) are used, to the maximum extent practicable, to support—
(A) the acceleration of planned investments to modernize the Administra-
tion’s information technology and information management systems;
(B) the completion of outstanding statutory mandates required by MAP–
21 (112–141) and the FAST Act (114–94); and
(C) a Large Truck Crash Causal Factors Study of the Administration.
SEC. 106. DEFINITIONS.
In this division, the following definitions apply:
(1) HIGHWAY ACCOUNT.—The term ‘‘Highway Account’’ means the portion of
the Highway Trust Fund that is not the Mass Transit Account.
(2) MASS TRANSIT ACCOUNT.—The term ‘‘Mass Transit Account’’ means the
portion of the Highway Trust Fund established under section 9503(e)(1) of the
Internal Revenue Code of 1986.
(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Transportation.
DIVISION B—SURFACE TRANSPORTATION
SEC. 1001. APPLICABILITY OF DIVISION.
(a) APPLICABILITY.—This division, including the amendments made by this divi-
sion, applies beginning on October 1, 2021.
(b) REFERENCE TO DATE OF ENACTMENT.—In this division and the amendments
made by this division, any reference to—
(1) the date of enactment of this Act;
(2) the date of enactment of a provision of this division;
(3) the date of enactment of a provision added to law by an amendment made
by this division; or
(4) the date of enactment of the INVEST in America Act added to law by an
amendment made by this division,
shall be treated as a reference to October 1, 2021.
(c) EXCEPTION FOR IMMEDIATE APPLICATION.—Subsections (a) and (b) shall not
apply to section 1105 and the amendments made by such section.
TITLE I—FEDERAL-AID HIGHWAYS
Subtitle A—Authorizations and Program
Conditions
SEC. 1101. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—The following amounts are authorized to be appropriated out of
the Highway Trust Fund (other than the Mass Transit Account):
(1) FEDERAL-AID HIGHWAY PROGRAM.—For the national highway performance
program under section 119 of title 23, United States Code, the pre-disaster miti-
gation program under section 124 of such title, the railway crossings program
under section 130 of such title, the surface transportation program under sec-
tion 133 of such title, the highway safety improvement program under section
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148 of such title, the congestion mitigation and air quality improvement pro-
gram under section 149 of such title, the national highway freight program
under section 167 of such title, the carbon pollution reduction program under
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16
section 171 of such title, and metropolitan planning under section 134 of such
title—
(A) $55,022,048,429 for fiscal year 2022;
(B) $55,980,646,776 for fiscal year 2023;
(C) $57,095,359,712 for fiscal year 2024; and
(D) $58,118,666,186 for fiscal year 2025.
(2) TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION PROGRAM.—
For credit assistance under the transportation infrastructure finance and inno-
vation program under chapter 6 of title 23, United States Code, $300,000,000
for each of fiscal years 2022 through 2025.
(3) CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL FACILITIES.—For
construction of ferry boats and ferry terminal facilities under section 147 of title
23, United States Code, $120,000,000 for each of fiscal years 2022 through 2025.
(4) FEDERAL LANDS AND TRIBAL TRANSPORTATION PROGRAMS.—
(A) TRIBAL TRANSPORTATION PROGRAM.—For the tribal transportation pro-
gram under section 202 of title 23, United States Code, $800,000,000 for
each of fiscal years 2022 through 2025.
(B) FEDERAL LANDS TRANSPORTATION PROGRAM.—
(i) IN GENERAL.—For the Federal lands transportation program under
section 203 of title 23, United States Code, $550,000,000 for each of fis-
cal years 2022 through 2025.
(ii) ALLOCATION.—Of the amount made available for a fiscal year
under clause (i)—
(I) the amount for the National Park Service is $400,000,000 for
each of fiscal years 2022 through 2025;
(II) the amount for the United States Fish and Wildlife Service
is $50,000,000 for each of fiscal years 2022 through 2025; and
(III) the amount for the United States Forest Service is
$50,000,000 for each of fiscal years 2022 through 2025.
(C) FEDERAL LANDS ACCESS PROGRAM.—For the Federal lands access pro-
gram under section 204 of title 23, United States Code, $345,000,000 for
each of fiscal years 2022 through 2025.
(D) FEDERAL LANDS AND TRIBAL MAJOR PROJECTS GRANTS.—To carry out
section 208 of title 23, United States Code, $400,000,000 for each of fiscal
years 2022 through 2025.
(5) TERRITORIAL AND PUERTO RICO HIGHWAY PROGRAM.—For the territorial and
Puerto Rico highway program under section 165 of title 23, United States Code,
$310,000,000 for each of fiscal years 2022 through 2025.
(6) PROJECTS OF NATIONAL AND REGIONAL SIGNIFICANCE.—For projects of na-
tional and regional significance under section 117 of title 23, United States
Code—
(A) $2,200,000,000 for fiscal year 2022;
(B) $2,200,000,000 for fiscal year 2023;
(C) $2,300,000,000 for fiscal year 2024; and
(D) $2,350,000,000 for fiscal year 2025.
(7) COMMUNITY TRANSPORTATION INVESTMENT GRANTS.—To carry out section
173 of title 23, United States Code, $600,000,000 for each of fiscal years 2022
through 2025.
(8) ELECTRIC VEHICLE CHARGING, NATURAL GAS FUELING, PROPANE FUELING,
AND HYDROGEN FUELING INFRASTRUCTURE GRANTS.—To carry out section 151(f)
of title 23, United States Code, $350,000,000 for each of fiscal years 2022
through 2025.
(9) COMMUNITY CLIMATE INNOVATION GRANTS.—To carry out section 172 of
title 23, United States Code, $250,000,000 for each of fiscal years 2022 through
2025.
(b) ADDITIONAL PROGRAMS.—
(1) IN GENERAL.—The following amounts are authorized to be appropriated
out of the Highway Trust Fund (other than the Mass Transit Account):
(A) GRIDLOCK REDUCTION GRANT PROGRAM.—To carry out section 1306 of
this Act, $250,000,000 for fiscal year 2022.
(B) REBUILD RURAL GRANT PROGRAM.—To carry out section 1307 of this
Act, $250,000,000 for fiscal year 2022.
(C) PARKING FOR COMMERCIAL MOTOR VEHICLES.—To carry out section
1308 of this Act, $250,000,000 for fiscal year 2023.
(D) ACTIVE TRANSPORTATION CONNECTIVITY GRANT PROGRAM.—To carry
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out section 1309 of this Act, $250,000,000 for fiscal year 2024.
(E) METRO PERFORMANCE PROGRAM.—To carry out section 1305 of this
Act, $250,000,000 for each of fiscal years 2023 through 2025.
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17
(2) TREATMENT OF FUNDS.—Amounts made available under subparagraphs (B)
through (D) of paragraph (1) shall be administered as if apportioned under
chapter 1 of title 23, United States Code.
(c) DISADVANTAGED BUSINESS ENTERPRISES.—
(1) FINDINGS.—Congress finds that—
(A) despite the real improvements caused by the disadvantaged business
enterprise program, minority- and women-owned businesses across the
country continue to confront serious and significant obstacles to success
caused by race and gender discrimination in the federally assisted surface
transportation market and related markets across the United States;
(B) the continuing race and gender discrimination described in subpara-
graph (A) merits the continuation of the disadvantaged business enterprise
program;
(C) recently, the disparities cause by discrimination against African
American, Hispanic American, Asian American, Native American, and
women business owners have been further exacerbated by the coronavirus
pandemic and its disproportionate effects on minority- and women-owned
businesses across the nation;
(D) Congress has received and reviewed testimony and documentation of
race and gender discrimination from numerous sources, including congres-
sional hearings and other investigative activities, scientific reports, reports
issued by public and private agencies at every level of government, news
reports, academic publications, reports of discrimination by organizations
and individuals, and discrimination lawsuits, which continue to dem-
onstrate that race- and gender-neutral efforts alone are insufficient to ad-
dress the problem;
(E) the testimony and documentation described in subparagraph (D) dem-
onstrate that discrimination across the United States poses an injurious
and enduring barrier to full and fair participation in surface transportation-
related businesses of women business owners and minority business owners
and has negatively affected firm formation, development and success in
many aspects of surface transportation-related business in the public and
private markets; and
(F) the testimony and documentation described in subparagraph (D) pro-
vide a clear picture of the inequality caused by discrimination that con-
tinues to plague our nation and a strong basis that there is a compelling
need for the continuation of the disadvantaged business enterprise program
to address race and gender discrimination in surface transportation-related
business.
(2) DEFINITIONS.—In this subsection, the following definitions apply:
(A) SMALL BUSINESS CONCERN.—
(i) IN GENERAL.—The term ‘‘small business concern’’ means a small
business concern (as the term is used in section 3 of the Small Business
Act (15 U.S.C. 632)).
(ii) EXCLUSIONS.—The term ‘‘small business concern’’ does not include
any concern or group of concerns controlled by the same socially and
economically disadvantaged individual or individuals that have average
annual gross receipts during the preceding 3 fiscal years in excess of
$26,290,000, as adjusted annually by the Secretary of Transportation
for inflation.
(B) SOCIALLY AND ECONOMICALLY DISADVANTAGED INDIVIDUALS.—The
term ‘‘socially and economically disadvantaged individuals’’ has the mean-
ing given the term in section 8(d) of the Small Business Act (15 U.S.C.
637(d)) and relevant subcontracting regulations issued pursuant to that
Act, except that women shall be presumed to be socially and economically
disadvantaged individuals for purposes of this subsection.
(3) AMOUNTS FOR SMALL BUSINESS CONCERNS.—Except to the extent that the
Secretary of Transportation determines otherwise, not less than 10 percent of
the amounts made available for any program under titles I, II, V, and VII of
this division and section 403 of title 23, United States Code, shall be expended
through small business concerns owned and controlled by socially and economi-
cally disadvantaged individuals.
(4) ANNUAL LISTING OF DISADVANTAGED BUSINESS ENTERPRISES.—Each State
shall annually—
(A) survey and compile a list of the small business concerns referred to
in paragraph (3) in the State, including the location of the small business
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concerns in the State; and
(B) notify the Secretary, in writing, of the percentage of the small busi-
ness concerns that are controlled by—
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18
(i) women;
(ii) socially and economically disadvantaged individuals (other than
women); and
(iii) individuals who are women and are otherwise socially and eco-
nomically disadvantaged individuals.
(5) UNIFORM CERTIFICATION.—
(A) IN GENERAL.—The Secretary of Transportation shall establish min-
imum uniform criteria for use by State governments in certifying whether
a concern qualifies as a small business concern for the purpose of this sub-
section.
(B) INCLUSIONS.—The minimum uniform criteria established under sub-
paragraph (A) shall include, with respect to a potential small business con-
cern—
(i) on-site visits;
(ii) personal interviews with personnel;
(iii) issuance or inspection of licenses;
(iv) analyses of stock ownership;
(v) listings of equipment;
(vi) analyses of bonding capacity;
(vii) listings of work completed;
(viii) examination of the resumes of principal owners;
(ix) analyses of financial capacity; and
(x) analyses of the type of work preferred.
(6) REPORTING.—The Secretary of Transportation shall establish minimum re-
quirements for use by State governments in reporting to the Secretary—
(A) information concerning disadvantaged business enterprise awards,
commitments, and achievements; and
(B) such other information as the Secretary determines to be appropriate
for the proper monitoring of the disadvantaged business enterprise pro-
gram.
(7) COMPLIANCE WITH COURT ORDERS.—Nothing in this subsection limits the
eligibility of an individual or entity to receive funds made available under titles
I, II, V, and VII of this division and section 403 of title 23, United States Code,
if the entity or person is prevented, in whole or in part, from complying with
paragraph (3) because a Federal court issues a final order in which the court
finds that a requirement or the implementation of paragraph (3) is unconstitu-
tional.
(8) SENSE OF CONGRESS ON PROMPT PAYMENT OF DBE SUBCONTRACTORS.—It is
the sense of Congress that—
(A) the Secretary of Transportation should take additional steps to ensure
that recipients comply with section 26.29 of title 49, Code of Federal Regu-
lations (the disadvantaged business enterprises prompt payment rule), or
any corresponding regulation, in awarding federally funded transportation
contracts under laws and regulations administered by the Secretary; and
(B) such additional steps should include increasing the Department of
Transportation’s ability to track and keep records of complaints and to
make that information publicly available.
(d) LIMITATION ON FINANCIAL ASSISTANCE FOR STATE-OWNED ENTERPRISES.—
(1) IN GENERAL.—Funds provided under this section may not be used in
awarding a contract, subcontract, grant, or loan to an entity that is owned or
controlled by, is a subsidiary of, or is otherwise related legally or financially to
a corporation based in a country that—
(A) is identified as a nonmarket economy country (as defined in section
771(18) of the Tariff Act of 1930 (19 U.S.C. 1677(18))) as of the date of en-
actment of this Act;
(B) was identified by the United States Trade Representative in the most
recent report required by section 182 of the Trade Act of 1974 (19 U.S.C.
2242) as a priority foreign country under subsection (a)(2) of that section;
and
(C) is subject to monitoring by the Trade Representative under section
306 of the Trade Act of 1974 (19 U.S.C. 2416).
(2) EXCEPTION.—For purposes of subparagraph (A), the term ‘‘otherwise re-
lated legally or financially’’ does not include a minority relationship or invest-
ment.
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(3) INTERNATIONAL AGREEMENTS.—This paragraph shall be applied in a man-
ner consistent with the obligations of the United States under international
agreements.
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19
SEC. 1102. OBLIGATION LIMITATION.
(a) GENERAL LIMITATION.—Subject to subsection (e), and notwithstanding any
other provision of law, the obligations for Federal-aid highway and highway safety
construction programs shall not exceed—
(1) $62,159,350,954 for fiscal year 2022;
(2) $63,121,354,776 for fiscal year 2023;
(3) $64,346,443,712 for fiscal year 2024; and
(4) $65,180,125,186 for fiscal year 2025.
(b) EXCEPTIONS.—The limitations under subsection (a) shall not apply to obliga-
tions under or for—
(1) section 125 of title 23, United States Code;
(2) section 147 of the Surface Transportation Assistance Act of 1978 (23
U.S.C. 144 note; 92 Stat. 2714);
(3) section 9 of the Federal-Aid Highway Act of 1981 (95 Stat. 1701);
(4) subsections (b) and (j) of section 131 of the Surface Transportation Assist-
ance Act of 1982 (96 Stat. 2119);
(5) subsections (b) and (c) of section 149 of the Surface Transportation and
Uniform Relocation Assistance Act of 1987 (101 Stat. 198);
(6) sections 1103 through 1108 of the Intermodal Surface Transportation Effi-
ciency Act of 1991 (Public Law 102–240);
(7) section 157 of title 23, United States Code (as in effect on June 8, 1998);
(8) section 105 of title 23, United States Code (as in effect for fiscal years
1998 through 2004, but only in an amount equal to $639,000,000 for each of
those fiscal years);
(9) Federal-aid highway programs for which obligation authority was made
available under the Transportation Equity Act for the 21st Century (112 Stat.
107) or subsequent Acts for multiple years or to remain available until ex-
pended, but only to the extent that the obligation authority has not lapsed or
been used;
(10) section 105 of title 23, United States Code (as in effect for fiscal years
2005 through 2012, but only in an amount equal to $639,000,000 for each of
those fiscal years);
(11) section 1603 of SAFETEA–LU (23 U.S.C. 118 note; 119 Stat. 1248), to
the extent that funds obligated in accordance with that section were not subject
to a limitation on obligations at the time at which the funds were initially made
available for obligation;
(12) section 119 of title 23, United States Code (as in effect for fiscal years
2013 through 2015, but only in an amount equal to $639,000,000 for each of
those fiscal years);
(13) section 119 of title 23, United States Code (but, for fiscal years 2016
through 2021, only in an amount equal to $639,000,000 for each of those fiscal
years);
(14) section 203 of title 23, United States Code (but, for fiscal years 2022
through 2025, only in an amount equal to $550,000,000 for each of those fiscal
years); and
(15) section 133(d)(1)(B) of title 23, United States Code (but, for fiscal years
2022 through 2025, only in an amount equal to $89,000,000 for each of those
fiscal years).
(c) DISTRIBUTION OF OBLIGATION AUTHORITY.—Subject to paragraph (1)(B), for
each of fiscal years 2022 through 2025, the Secretary of Transportation—
(1)(A) shall not distribute obligation authority provided by subsection (a) for
the fiscal year for—
(i) amounts authorized for administrative expenses and programs by sec-
tion 104(a) of title 23, United States Code;
(ii) amounts authorized for the Bureau of Transportation Statistics;
(iii) amounts authorized for the tribal transportation program under sec-
tion 202 of title 23, United States Code; and
(iv) amounts authorized for the territorial and Puerto Rico highway pro-
gram under section 165(a) of title 23, United States Code; and
(B) for each of fiscal years 2023 through 2025, in addition to the amounts de-
scribed in subparagraph (A), shall not distribute obligation authority provided
by subsection (a) for the fiscal year for amounts authorized for the metro per-
formance program under section 1305 of this Act;
(2) shall not distribute an amount of obligation authority provided by sub-
section (a) that is equal to the unobligated balance of amounts—
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(A) made available from the Highway Trust Fund (other than the Mass
Transit Account) for Federal-aid highway and highway safety construction
programs for previous fiscal years, the funds for which are allocated by the
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20
Secretary (or apportioned by the Secretary under section 202 or 204 of title
23, United States Code); and
(B) for which obligation authority was provided in a previous fiscal year;
(3) shall determine the proportion that—
(A) the obligation authority provided by subsection (a) for the fiscal year,
less the aggregate of amounts not distributed under paragraphs (1) and (2)
of this subsection; bears to
(B) the total of—
(i) the sums authorized to be appropriated for the Federal-aid high-
way and highway safety construction programs, other than sums au-
thorized to be appropriated for—
(I) provisions of law described in paragraphs (1) through (13) of
subsection (b);
(II) section 203 of title 23, United States Code, equal to the
amount referred to in subsection (b)(14) for the fiscal year; and
(III) section 133(d)(1)(B) of title 23, United States Code, equal to
the amount referred to in subsection (b)(15) for the fiscal year; less
(ii) the aggregate of the amounts not distributed under paragraphs
(1) and (2) of this subsection;
(4) shall distribute the obligation authority provided by subsection (a), less
the aggregate amounts not distributed under paragraphs (1) and (2), for each
of the programs (other than programs to which paragraph (1) applies) that are
allocated by the Secretary under this Act and title 23, United States Code, or
apportioned by the Secretary under section 202 or 204 of such title, by multi-
plying—
(A) the proportion determined under paragraph (3); by
(B) the amounts authorized to be appropriated for each such program for
the fiscal year; and
(5) shall distribute the obligation authority provided by subsection (a), less
the aggregate amounts not distributed under paragraphs (1) and (2) and the
amounts distributed under paragraph (4), for Federal-aid highway and highway
safety construction programs that are apportioned by the Secretary under title
23, United States Code (other than the amounts apportioned for the surface
transportation program in section 133(d)(1)(B) of title 23, United States Code,
that are exempt from the limitation under subsection (b)(15) and the amounts
apportioned under sections 202 and 204 of such title) in the proportion that—
(A) amounts authorized to be appropriated for the programs that are ap-
portioned under title 23, United States Code, to each State for the fiscal
year; bears to
(B) the total of the amounts authorized to be appropriated for the pro-
grams that are apportioned under title 23, United States Code, to all States
for the fiscal year.
(d) REDISTRIBUTION OF UNUSED OBLIGATION AUTHORITY.—Notwithstanding sub-
section (c), the Secretary of Transportation shall, after August 1 of each of fiscal
years 2022 through 2025—
(1) revise a distribution of the obligation authority made available under sub-
section (c) if an amount distributed cannot be obligated during that fiscal year;
and
(2) redistribute sufficient amounts to those States able to obligate amounts
in addition to those previously distributed during that fiscal year, giving pri-
ority to those States having large unobligated balances of funds apportioned
under section 104 of title 23, United States Code.
(e) SPECIAL LIMITATION.—
(1) IN GENERAL.—Except as provided in paragraph (2), obligation limitations
imposed by subsection (a) shall apply to contract authority for—
(A) transportation research programs carried out under chapter 5 of title
23, United States Code, and title V of this Act; and
(B) the metro performance program under section 1305 of this Act.
(2) EXCEPTION.—Obligation authority made available under paragraph (1)
shall—
(A) remain available for a period of 4 fiscal years; and
(B) be in addition to the amount of any limitation imposed on obligations
for Federal-aid highway and highway safety construction programs for fu-
ture fiscal years.
(f) LOP-OFF.—
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(1) IN GENERAL.—Not later than 30 days after the date of distribution of obli-
gation authority under subsection (c) for each of fiscal years 2022 through 2025,
the Secretary of Transportation shall distribute to the States any funds that—
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21
(A) are authorized to be appropriated for the fiscal year for Federal-aid
highway programs; and
(B) the Secretary determines will not be allocated to the States (or will
not be apportioned to the States under section 204 of title 23, United States
Code), and will not be available for obligation, for the fiscal year because
of the imposition of any obligation limitation for the fiscal year.
(2) RATIO.—Funds shall be distributed under paragraph (1) in the same pro-
portion as the distribution of obligation authority under subsection (c)(5).
(3) AVAILABILITY.—Funds distributed to each State under paragraph (1) shall
be available for any purpose described in section 133(b) of title 23, United
States Code.
SEC. 1103. DEFINITIONS AND DECLARATION OF POLICY.
Section 101 of title 23, United States Code, is amended—
(1) in subsection (a)—
(A) by redesignating paragraphs (1), (2), (3), (4), (5), (6), (7), (8), (9), (10),
(11), (12), (13), (14), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25),
(26), (27), (28), (29), (30), (31), (32), (33), and (34) as paragraphs (2), (3), (4),
(6), (8), (10), (11), (12), (13), (14), (16), (17), (18), (19), (20), (21), (23), (24),
(25), (26), (28), (29), (32), (33), (34), (35), (36), (37), (38), (40), (41), (42), (43),
and (44), respectively;
(B) by inserting before paragraph (2), as so redesignated, the following:
‘‘(1) ADAPTATION.—The term ‘adaptation’ means an adjustment in natural or
human systems in anticipation of, or in response to, a changing environment
in a way that moderates negative effects of extreme events or climate change.’’;
(C) by inserting after paragraph (4), as so redesignated, the following:
‘‘(5) CLIMATE CHANGE.—The term ‘climate change’ means any significant
change in the measures of climate lasting for an extended period of time, and
may include major changes in temperature, precipitation, wind patterns, or sea
level, among others, that occur over several decades or longer.’’;
(D) in paragraph (6)(A), as so redesignated, by inserting ‘‘assessing resil-
ience,’’ after ‘‘surveying,’’;
(E) by inserting after paragraph (6), as so redesignated, the following:
‘‘(7) CONTEXT SENSITIVE DESIGN PRINCIPLES.—The term ‘context sensitive de-
sign principles’ means principles for the design of a public road that—
‘‘(A) provides for the safe and adequate accommodation, in all phases of
project planning, design, and development, transportation facilities for
users, including pedestrians, bicyclists, public transportation users, chil-
dren, older individuals, individuals with disabilities, motorists, and freight
vehicles; and
‘‘(B) considers the context in which the facility is planned to be con-
structed to determine the appropriate facility design.’’;
(F) by inserting after paragraph (8), as so redesignated, the following:
‘‘(9) EVACUATION ROUTE.—The term ‘evacuation route’ means a transportation
route or system that—
‘‘(A) is used to transport—
‘‘(i) the public away from an emergency event; or
‘‘(ii) first responders and recovery resources in the event of an emer-
gency; and
‘‘(B) is identified, consistent with sections 134(i)(2)(I)(iii) and
135(f)(10)(C)(iii), by the eligible entity with jurisdiction over the area in
which the route is located for the purposes described in subparagraph (A).’’;
(G) by inserting after paragraph (14), as so redesignated, the following:
‘‘(15) GREENHOUSE GAS.—The term ‘greenhouse gas’ has the meaning given
the term in section 211(o)(1)(G) of the Clean Air Act (42 U.S.C. 7545(o)(1)(G)).’’;
(H) by inserting after paragraph (21), as so redesignated, the following:
‘‘(22) NATURAL INFRASTRUCTURE.—
‘‘(A) IN GENERAL.—The term ‘natural infrastructure’ means infrastructure
that uses, restores, or emulates natural ecological processes that—
‘‘(i) is created through the action of natural physical, geological, bio-
logical, and chemical processes over time;
‘‘(ii) is created by human design, engineering, and construction to
emulate or act in concert with natural processes; or
‘‘(iii) involves the use of plants, soils, and other natural features, in-
cluding through the creation, restoration, or preservation of vegetated
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areas using materials appropriate to the region to manage stormwater
and runoff, to attenuate flooding and storm surges, and for other re-
lated purposes.
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‘‘(B) INCLUSION.—The term ‘natural infrastructure’ includes green infra-
structure and nature-based solutions.’’;
(I) by inserting after paragraph (26), as so redesignated, the following:
‘‘(27) PROTECTIVE FEATURE.—
‘‘(A) IN GENERAL.—The term ‘protective feature’ means an improvement
to a highway or bridge designed to increase resilience or mitigate the risk
of recurring damage or the cost of future repairs from climate change ef-
fects, extreme events, seismic activity, or any other natural disaster.
‘‘(B) INCLUSIONS.—The term ‘protective feature’ includes—
‘‘(i) raising roadway grades;
‘‘(ii) relocating roadways to higher ground above projected flood ele-
vation levels or away from slide prone areas;
‘‘(iii) stabilizing slide areas;
‘‘(iv) stabilizing slopes;
‘‘(v) lengthening or raising bridges to increase waterway openings;
‘‘(vi) increasing the size or number of drainage structures;
‘‘(vii) replacing culverts with bridges or upsizing culverts;
‘‘(viii) installing seismic retrofits on bridges;
‘‘(ix) scour, stream stability, coastal, and other hydraulic counter-
measures; and
‘‘(x) the use of natural infrastructure.’’;
(J) by inserting after paragraph (29), as so redesignated, the following:
‘‘(30) REPEATEDLY DAMAGED FACILITY.—The term ‘repeatedly damaged facility’
means a road, highway, or bridge that has required repair and reconstruction
activities on 2 or more occasions due to natural disasters or catastrophic fail-
ures resulting in emergencies declared by the Governor of the State in which
the road, highway, or bridge is located or emergencies or major disasters de-
clared by the President under the Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 5121 et seq.).
‘‘(31) RESILIENCE.—
‘‘(A) IN GENERAL.—The term ‘resilience’ means, with respect to a facility,
the ability to—
‘‘(i) anticipate, prepare for, or adapt to conditions; or
‘‘(ii) withstand, respond to, or recover rapidly from disruptions.
‘‘(B) INCLUSIONS.—Such term includes, with respect to a facility, the abil-
ity to—
‘‘(i) resist hazards or withstand impacts from disruptions;
‘‘(ii) reduce the magnitude, duration, or impact of a disruption; or
‘‘(iii) have the absorptive capacity, adaptive capacity, and
recoverability to decrease vulnerability to a disruption.’’;
(K) by inserting after paragraph (38), as so redesignated, the following:
‘‘(39) TRANSPORTATION SYSTEM ACCESS.—The term ‘transportation system ac-
cess’ means the ability to travel by automobile, public transportation, pedes-
trian, and bicycle networks, measured by travel time, taking into consider-
ation—
‘‘(A) the impacts of the level of travel stress for non-motorized users;
‘‘(B) costs for low-income travelers; and
‘‘(C) the extent to which transportation access is impacted by zoning poli-
cies and land use planning practices that effect the affordability, elasticity,
and diversity of the housing supply.’’; and
(L) by adding at the end the following:
‘‘(45) TRANSPORTATION DEMAND MANAGEMENT; TDM.—The terms ‘transpor-
tation demand management’ and ‘TDM’ mean the use of strategies to inform
and encourage travelers to maximize the efficiency of a transportation system
leading to improved mobility, reduced congestion, and lower vehicle emissions.
‘‘(46) TRANSPORTATION DEMAND MANAGEMENT STRATEGIES.—The term ‘trans-
portation demand management strategies’ means the use of planning, pro-
grams, policy, marketing, communications, incentives, pricing, and technology to
shift travel mode, routes used, departure times, number of trips, and location
and design work space or public attractions.’’; and
(2) in subsection (b)—
(A) in paragraph (1) by striking ‘‘Defense,’’ and inserting ‘‘Defense High-
ways,’’;
(B) in paragraph (3)—
(i) in subparagraph (A) by striking ‘‘Century’’ and inserting ‘‘century’’;
(ii) in subparagraph (G) by striking ‘‘; and’’ and inserting a semicolon;
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(iii) in subparagraph (H) by striking ‘‘Century.’’ and inserting ‘‘cen-
tury;’’; and
(iv) by adding at the end the following:
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23
‘‘(I) safety is the highest priority of the Department of Transportation,
and the Secretary and States should take all actions necessary to meet the
transportation needs of the 21st century for all road users;
‘‘(J) climate change presents a significant risk to safety, the economy, and
national security, and reducing the contributions of the transportation sys-
tem to the Nation’s total carbon pollution is critical; and
‘‘(K) the Secretary and States should take appropriate measures and en-
sure investments to increase the resilience of the Nation’s transportation
system.’’; and
(C) in paragraph (4)(A) by inserting ‘‘while ensuring that environmental
protections are maintained’’ after ‘‘review process’’.
SEC. 1104. APPORTIONMENT.
(a) IN GENERAL.—Section 104 of title 23, United States Code, is amended—
(1) in subsection (a)(1) by striking subparagraphs (A) through (E) and insert-
ing the following:
‘‘(A) $ 506,302,525 for fiscal year 2022;
‘‘(B) $ 509,708,000 for fiscal year 2023;
‘‘(C) $ 520,084,000 for fiscal year 2024; and
‘‘(D) $ 530,459,000 for fiscal year 2025.’’;
(2) by striking subsections (b) and (c) and inserting the following:
‘‘(b) DIVISION AMONG PROGRAMS OF STATE’S SHARE OF APPORTIONMENT.—The Sec-
retary shall distribute the amount apportioned to a State for a fiscal year under
subsection (c) among the covered programs as follows:
‘‘(1) NATIONAL HIGHWAY PERFORMANCE PROGRAM.—For the national highway
performance program, 55.09 percent of the amount remaining after distributing
amounts under paragraphs (4), (6), and (7).
‘‘(2) SURFACE TRANSPORTATION PROGRAM.—For the surface transportation pro-
gram, 28.43 percent of the amount remaining after distributing amounts under
paragraphs (4), (6), and (7).
‘‘(3) HIGHWAY SAFETY IMPROVEMENT PROGRAM.—For the highway safety im-
provement program, 6.19 percent of the amount remaining after distributing
amounts under paragraphs (4), (6), and (7).
‘‘(4) CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM.—
‘‘(A) IN GENERAL.—For the congestion mitigation and air quality improve-
ment program, an amount determined for the State under subparagraphs
(B) and (C).
‘‘(B) TOTAL AMOUNT.—The total amount for the congestion mitigation and
air quality improvement program for all States shall be—
‘‘(i) $2,913,925,833 for fiscal year 2022;
‘‘(ii) $2,964,919,535 for fiscal year 2023;
‘‘(iii) $3,024,217,926 for fiscal year 2024; and
‘‘(iv) $3,078,653,849 for fiscal year 2025.
‘‘(C) STATE SHARE.—For each fiscal year, the Secretary shall distribute
among the States the amount for the congestion mitigation and air quality
improvement program under subparagraph (B) so that each State receives
an amount equal to the proportion that—
‘‘(i) the amount apportioned to the State for the congestion mitigation
and air quality improvement program for fiscal year 2020; bears to
‘‘(ii) the total amount of funds apportioned to all States for such pro-
gram for fiscal year 2020.
‘‘(5) NATIONAL HIGHWAY FREIGHT PROGRAM.—For the national highway freight
program, 3.38 percent of the amount remaining after distributing amounts
under paragraphs (4), (6), and (7).
‘‘(6) METROPOLITAN PLANNING.—
‘‘(A) IN GENERAL.—For metropolitan planning, an amount determined for
the State under subparagraphs (B) and (C).
‘‘(B) TOTAL AMOUNT.—The total amount for metropolitan planning for all
States shall be—
‘‘(i) $507,500,000 for fiscal year 2022;
‘‘(ii) $516,381,250 for fiscal year 2023;
‘‘(iii) $526,708,875 for fiscal year 2024; and
‘‘(iv) $536,189,635 for fiscal year 2025.
‘‘(C) STATE SHARE.—For each fiscal year, the Secretary shall distribute
among the States the amount for metropolitan planning under subpara-
graph (B) so that each State receives an amount equal to the proportion
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that—
‘‘(i) the amount apportioned to the State for metropolitan planning
for fiscal year 2020; bears to
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24
‘‘(ii) the total amount of funds apportioned to all States for metropoli-
tan planning for fiscal year 2020.
‘‘(7) RAILWAY CROSSINGS.—
‘‘(A) IN GENERAL.—For the railway crossings program, an amount deter-
mined for the State under subparagraphs (B) and (C).
‘‘(B) TOTAL AMOUNT.—The total amount for the railway crossings program
for all States shall be $245,000,000 for each of fiscal years 2022 through
2025.
‘‘(C) STATE SHARE.—
‘‘(i) IN GENERAL.—For each fiscal year, the Secretary shall distribute
among the States the amount for the railway crossings program under
subparagraph (B) as follows:
‘‘(I) 50 percent of the amount for a fiscal year shall be appor-
tioned to States by the formula set forth in section 104(b)(3)(A) (as
in effect on the day before the date of enactment of MAP–21).
‘‘(II) 50 percent of the amount for a fiscal year shall be appor-
tioned to States in the ratio that total public railway-highway
crossings in each State bears to the total of such crossings in all
States.
‘‘(ii) MINIMUM APPORTIONMENT.—Notwithstanding clause (i), for each
fiscal year, each State shall receive a minimum of one-half of 1 percent
of the total amount for the railway crossings program for such fiscal
year under subparagraph (B).
‘‘(8) PREDISASTER MITIGATION PROGRAM.—For the predisaster mitigation pro-
gram, 2.96 percent of the amount remaining after distributing amounts under
paragraphs (4), (6), and (7).
‘‘(9) CARBON POLLUTION REDUCTION PROGRAM.—For the carbon pollution re-
duction program, 3.95 percent of the amount remaining after distributing
amounts under paragraphs (4), (6), and (7).
‘‘(c) CALCULATION OF AMOUNTS.—
‘‘(1) STATE SHARE.—For each of fiscal years 2022 through 2025, the amount
for each State shall be determined as follows:
‘‘(A) INITIAL AMOUNTS.—The initial amounts for each State shall be deter-
mined by multiplying—
‘‘(i) the combined amount authorized for appropriation for the fiscal
year for the covered programs; by
‘‘(ii) the share for each State, which shall be equal to the proportion
that—
‘‘(I) the amount of apportionments that the State received for fis-
cal year 2020; bears to
‘‘(II) the amount of those apportionments received by all States
for fiscal year 2020.
‘‘(B) ADJUSTMENTS TO AMOUNTS.—The initial amounts resulting from the
calculation under subparagraph (A) shall be adjusted to ensure that each
State receives an aggregate apportionment equal to at least 95 percent of
the estimated tax payments attributable to highway users in the State paid
into the Highway Trust Fund (other than the Mass Transit Account) in the
most recent fiscal year for which data are available.
‘‘(2) STATE APPORTIONMENT.—On October 1 of fiscal years 2022 through 2025,
the Secretary shall apportion the sums authorized to be appropriated for ex-
penditure on the covered programs in accordance with paragraph (1).’’;
(3) in subsection (d)(1)(A)—
(A) in clause (i) by striking ‘‘paragraphs (5)(D) and (6) of subsection (b)’’
and inserting ‘‘subsection (b)(6)’’; and
(B) in clause (ii) by striking ‘‘paragraphs (5)(D) and (6) of subsection (b)’’
and inserting ‘‘subsection (b)(6)’’; and
(4) by striking subsections (h) and (i) and inserting the following:
‘‘(h) DEFINITION OF COVERED PROGRAMS.—In this section, the term ‘covered pro-
grams’ means—
‘‘(1) the national highway performance program under section 119;
‘‘(2) the surface transportation program under section 133;
‘‘(3) the highway safety improvement program under section 148;
‘‘(4) the congestion mitigation and air quality improvement program under
section 149;
‘‘(5) the national highway freight program under section 167;
‘‘(6) metropolitan planning under section 134;
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‘‘(7) the railway crossings program under section 130;
‘‘(8) the predisaster mitigation program under section 124; and
‘‘(9) the carbon pollution reduction program under section 171.’’.
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25
(b) FEDERAL SHARE PAYABLE.—Section 120(c)(3) of title 23, United States Code,
is amended—
(1) in subparagraph (A) by striking ‘‘(5)(D),’’; and
(2) in subparagraph (C)(i) by striking ‘‘(5)(D)’’.
(c) METROPOLITAN TRANSPORTATION PLANNING; TITLE 23.—Section 134(p) of title
23, United States Code, is amended by striking ‘‘paragraphs (5)(D) and (6) of section
104(b)’’ and inserting ‘‘section 104(b)(6)’’.
(d) STATEWIDE AND NONMETROPOLITAN TRANSPORTATION PLANNING.—Section
135(i) of title 23, United States Code, is amended by striking ‘‘paragraphs (5)(D) and
(6) of section 104(b)’’ and inserting ‘‘section 104(b)(6)’’.
(e) METROPOLITAN TRANSPORTATION PLANNING; TITLE 49.—Section 5303(p) of title
49, United States Code, is amended by striking ‘‘section 104(b)(5)’’ and inserting
‘‘section 104(b)(6)’’.
SEC. 1105. ADDITIONAL DEPOSITS INTO HIGHWAY TRUST FUND.
Section 105 of title 23, United States Code, is amended—
(1) in subsection (a) by striking ‘‘FAST Act’’ and inserting ‘‘INVEST in Amer-
ica Act’’;
(2) in subsection (c)—
(A) in paragraph (1)(A) by striking ‘‘to be appropriated’’ each place it ap-
pears; and
(B) by adding at the end the following:
‘‘(4) SPECIAL RULE.—
‘‘(A) ADJUSTMENT.—In making an adjustment under paragraph (1) for an
allocation, reservation, or set-aside from an amount authorized from the
Highway Account or Mass Transit Account described in subparagraph (B),
the Secretary shall—
‘‘(i) determine the ratio that—
‘‘(I) the amount authorized to be appropriated for the allocation,
reservation, or set-aside from the account for the fiscal year; bears
to
‘‘(II) the total amount authorized to be appropriated for such fis-
cal year for all programs under such account;
‘‘(ii) multiply the ratio determined under clause (i) by the amount of
the adjustment determined under subsection (b)(1)(B); and
‘‘(iii) adjust the amount that the Secretary would have allocated for
the allocation, reservation, or set-aside for such fiscal year but for this
section by the amount calculated under clause (ii).
‘‘(B) ALLOCATIONS, RESERVATIONS, AND SET-ASIDES.—The allocations, res-
ervations, and set-asides described in this subparagraph are—
‘‘(i) from the amount made available for a fiscal year for the Federal
lands transportation program under section 203, the amounts allocated
for a fiscal year for the National Park Service, the United States Fish
and Wildlife Service, and the United States Forest Service;
‘‘(ii) the amount made available for the Puerto Rico highway program
under section 165(a)(1); and
‘‘(iii) the amount made available for the territorial highway program
under section 165(a)(2).’’;
(3) in subsection (e)—
(A) by striking ‘‘There is authorized’’ and inserting ‘‘For fiscal year 2022
and each fiscal year thereafter, there is authorized’’; and
(B) by striking ‘‘for any of fiscal years 2017 through 2020’’; and
(4) in subsection (f)(1) by striking ‘‘section 1102 or 3018 of the FAST Act’’ and
inserting ‘‘any other provision of law’’.
SEC. 1106. TRANSPARENCY.
(a) APPORTIONMENT.—Section 104 of title 23, United States Code, is amended by
striking subsection (g) and inserting the following:
‘‘(g) HIGHWAY TRUST FUND TRANSPARENCY AND ACCOUNTABILITY REPORTS.—
‘‘(1) REQUIREMENT.—
‘‘(A) IN GENERAL.—The Secretary shall compile data in accordance with
this subsection on the use of Federal-aid highway funds made available
under this title.
‘‘(B) USER FRIENDLY DATA.—The data compiled under subparagraph (A)
shall be in a user friendly format that can be searched, downloaded,
disaggregated, and filtered by data category.
‘‘(2) PROJECT DATA.—
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‘‘(A) IN GENERAL.—Not later than 120 days after the end of each fiscal
year, the Secretary shall make available on the website of the Department
of Transportation a report that describes—
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26
‘‘(i) the location of each active project within each State during such
fiscal year, including in which congressional district or districts such
project is located;
‘‘(ii) the total cost of such project;
‘‘(iii) the amount of Federal funding obligated for such project;
‘‘(iv) the program or programs from which Federal funds have been
obligated for such project;
‘‘(v) whether such project is located in an area of the State with a
population of—
‘‘(I) less than 5,000 individuals;
‘‘(II) 5,000 or more individuals but less than 50,000 individuals;
‘‘(III) 50,000 or more individuals but less than 200,000 individ-
uals; or
‘‘(IV) 200,000 or more individuals;
‘‘(vi) whether such project is located in an area of persistent poverty,
as defined in section 172(l);
‘‘(vii) the type of improvement being made by such project, including
categorizing such project as—
‘‘(I) a road reconstruction project;
‘‘(II) a new road construction project;
‘‘(III) a new bridge construction project;
‘‘(IV) a bridge rehabilitation project; or
‘‘(V) a bridge replacement project; and
‘‘(viii) the functional classification of the roadway on which such
project is located.
‘‘(B) INTERACTIVE MAP.—In addition to the data made available under
subparagraph (A), the Secretary shall make available on the website of the
Department of Transportation an interactive map that displays, for each ac-
tive project, the information described in clauses (i) through (v) of subpara-
graph (A).
‘‘(3) STATE DATA.—
‘‘(A) APPORTIONED AND ALLOCATED PROGRAMS.—The website described in
paragraph (2)(A) shall be updated annually to display the Federal-aid high-
way funds apportioned and allocated to each State under this title, includ-
ing—
‘‘(i) the amount of funding available for obligation by the State, in-
cluding prior unobligated balances, at the start of the fiscal year;
‘‘(ii) the amount of funding obligated by the State during such fiscal
year;
‘‘(iii) the amount of funding remaining available for obligation by the
State at the end of such fiscal year; and
‘‘(iv) changes in the obligated, unexpended balance for the State.
‘‘(B) PROGRAMMATIC DATA.—The data described in subparagraph (A) shall
include—
‘‘(i) the amount of funding by each apportioned and allocated program
for which the State received funding under this title;
‘‘(ii) the amount of funding transferred between programs by the
State during the fiscal year using the authority provided under section
126; and
‘‘(iii) the amount and program category of Federal funds exchanged
as described in section 106(g)(6).
‘‘(4) DEFINITIONS.—In this subsection:
‘‘(A) ACTIVE PROJECT.—
‘‘(i) IN GENERAL.—The term ‘active project’ means a Federal-aid high-
way project using funds made available under this title on which those
funds were obligated or expended during the fiscal year for which the
estimated total cost as of the start of construction is greater than
$5,000,000.
‘‘(ii) EXCLUSION.—The term ‘active project’ does not include any
project for which funds are transferred to agencies other than the Fed-
eral Highway Administration.
‘‘(B) INTERACTIVE MAP.—The term ‘interactive map’ means a map dis-
played on the public website of the Department of Transportation that al-
lows a user to select and view information for each active project, State,
and congressional district.
‘‘(C) STATE.—The term ‘State’ means any of the 50 States or the District
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of Columbia.’’.
(b) PROJECT APPROVAL AND OVERSIGHT.—Section 106 of title 23, United States
Code, is amended—
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27
(1) in subsection (g)—
(A) in paragraph (4) by striking subparagraph (B) and inserting the fol-
lowing:
‘‘(B) ASSISTANCE TO STATES.—The Secretary shall—
‘‘(i) develop criteria for States to use to make the determination re-
quired under subparagraph (A); and
‘‘(ii) provide training, guidance, and other assistance to States and
subrecipients as needed to ensure that projects administered by sub-
recipients comply with the requirements of this title.
‘‘(C) PERIODIC REVIEW.—The Secretary shall review, not less frequently
than every 2 years, the monitoring of subrecipients by the States.’’; and
(B) by adding at the end the following:
‘‘(6) FEDERAL FUNDING EXCHANGE PROGRAMS.—A State may implement a pro-
gram under which a subrecipient has the option to exchange Federal funds allo-
cated to such subrecipient in accordance with the requirements of this title for
State or local funds if the State certifies to the Secretary that the State has pre-
vailing wage and domestic content requirements that are comparable to the re-
quirements under sections 113 and 313 and that such requirements shall apply
to projects carried out using such funds if such projects would have been subject
to the requirements of sections 113 and 313 if such projects were carried out
using Federal funds.’’;
(2) in subsection (h)(3)—
(A) in subparagraph (B) by striking ‘‘, as determined by the Secretary,’’;
and
(B) in subparagraph (D) by striking ‘‘shall assess’’ and inserting ‘‘in the
case of a project proposed to be advanced as a public-private partnership,
shall include a detailed value for money analysis or comparable analysis to
determine’’; and
(3) by adding at the end the following:
‘‘(k) MEGAPROJECTS.—
‘‘(1) COMPREHENSIVE RISK MANAGEMENT PLAN.—To be authorized for the con-
struction of a megaproject, the recipient of Federal financial assistance under
this title for such megaproject shall submit to the Secretary a comprehensive
risk management plan that contains—
‘‘(A) a description of the process by which the recipient will identify,
quantify, and monitor the risks, including natural hazards, that might re-
sult in cost overruns, project delays, reduced construction quality, or reduc-
tions in benefits with respect to the megaproject;
‘‘(B) examples of mechanisms the recipient will use to track risks identi-
fied pursuant to subparagraph (A);
‘‘(C) a plan to control such risks; and
‘‘(D) such assurances as the Secretary determines appropriate that the re-
cipient shall, with respect to the megaproject—
‘‘(i) regularly submit to the Secretary updated cost estimates; and
‘‘(ii) maintain and regularly reassess financial reserves for addressing
known and unknown risks.
‘‘(2) PEER REVIEW GROUP.—
‘‘(A) IN GENERAL.—Not later than 90 days after the date on which a
megaproject is authorized for construction, the recipient of Federal financial
assistance under this title for such megaproject shall establish a peer re-
view group for such megaproject that consists of at least 5 individuals (in-
cluding at least 1 individual with project management experience) to give
expert advice on the scientific, technical, and project management aspects
of the megaproject.
‘‘(B) MEMBERSHIP.—
‘‘(i) IN GENERAL.—Not later than 180 days after the date of enact-
ment of this subsection, the Secretary shall establish guidelines de-
scribing how a recipient described in subparagraph (A) shall—
‘‘(I) recruit and select members for a peer review group estab-
lished under such subparagraph; and
‘‘(II) make publicly available the criteria for such selection and
identify the members so selected.
‘‘(ii) CONFLICT OF INTEREST.—No member of a peer review group for
a megaproject may have a direct or indirect financial interest in such
megaproject.
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‘‘(C) TASKS.—A peer review group established under subparagraph (A) by
a recipient of Federal financial assistance for a megaproject shall—
‘‘(i) meet annually until completion of the megaproject;
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28
‘‘(ii) not later than 90 days after the date of the establishment of the
peer review group and not later than 90 days after the date of any sig-
nificant change, as determined by the Secretary, to the scope, schedule,
or budget of the megaproject, review the scope, schedule, and budget
of the megaproject, including planning, engineering, financing, and any
other elements determined appropriate by the Secretary; and
‘‘(iii) submit to the Secretary, Congress, and such recipient a report
on the findings of each review under clause (ii).
‘‘(3) TRANSPARENCY.—Not later than 90 days after the submission of a report
under paragraph (2)(C)(iii), the Secretary shall publish on the website of the De-
partment of Transportation such report.
‘‘(4) MEGAPROJECT DEFINED.—In this subsection, the term ‘megaproject’ means
a project under this title that has an estimated total cost of $2,000,000,000 or
more, and such other projects as may be identified by the Secretary.
‘‘(l) SPECIAL EXPERIMENTAL PROJECTS.—
‘‘(1) PUBLIC AVAILABILITY.—The Secretary shall publish on the website of the
Department of Transportation a copy of all letters of interest, proposals,
workplans, and reports related to the special experimental project authority
pursuant to section 502(b). The Secretary shall redact confidential business in-
formation, as necessary, from any such information published.
‘‘(2) NOTIFICATION AND OPPORTUNITY FOR COMMENT.—Not later than 30 days
before making a determination to proceed with an experiment under a letter of
interest described in paragraph (1), the Secretary shall provide notification and
an opportunity for public comment on the letter of interest and the Secretary’s
proposed response.
‘‘(3) REPORT TO CONGRESS.—Not later than 2 years after the date of enact-
ment of the INVEST in America Act, the Secretary shall submit to the Com-
mittee on Transportation and Infrastructure of the House of Representatives
and the Committee on Environment and Public Works of the Senate a report
that includes—
‘‘(A) a summary of each experiment described in this subsection carried
out over the previous 5 years; and
‘‘(B) legislative recommendations, if any, based on the findings of such ex-
periments.
‘‘(m) COMPETITIVE GRANT PROGRAM OVERSIGHT AND ACCOUNTABILITY.—
‘‘(1) IN GENERAL.—To ensure the accountability and oversight of the discre-
tionary grant selection process administered by the Secretary, a covered pro-
gram shall be subject to the requirements of this section, in addition to the re-
quirements applicable to each covered program.
‘‘(2) APPLICATION PROCESS.—The Secretary shall—
‘‘(A) develop a template for applicants to use to summarize—
‘‘(i) project needs and benefits; and
‘‘(ii) any factors, requirements, or considerations established for the
applicable covered program;
‘‘(B) create a data driven process to evaluate, as set forth in the covered
program, each eligible project for which an application is received; and
‘‘(C) make a determination, based on the evaluation made pursuant to
subparagraph (B), on any ratings, rankings, scores, or similar metrics for
applications made to the covered program.
‘‘(3) NOTIFICATION OF CONGRESS.—Not less than 15 days before making a
grant for a covered program, the Secretary shall notify, in writing, the Com-
mittee on Transportation and Infrastructure of the House of Representatives
and the Committee on the Environment and Public Works of the Senate of—
‘‘(A) the amount for each project proposed to be selected;
‘‘(B) a description of the review process;
‘‘(C) for each application, the determination made under paragraph (2)(C);
and
‘‘(D) a detailed explanation of the basis for each award proposed to be se-
lected.
‘‘(4) NOTIFICATION OF APPLICANTS.—Not later than 30 days after making a
grant for a project under a covered program, the Secretary shall send to all ap-
plicants under such covered program, and publish on the website of the Depart-
ment of Transportation—
‘‘(A) a summary of each application made to the covered program for the
given round of funding; and
‘‘(B) the evaluation and justification for the project selection, including all
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ratings, rankings, scores, or similar metrics for applications made to the
covered program for the given round of funding during each phase of the
grant selection process.
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‘‘(5) BRIEFING.—The Secretary shall provide, at the request of a grant appli-
cant of a covered program, the opportunity to receive a briefing to explain any
reasons the grant applicant was not awarded a grant.
‘‘(6) TEMPLATE.—The Secretary shall, to the extent practicable, develop a tem-
plate as described in paragraph (2)(A) for any discretionary program adminis-
tered by the Secretary that is not a covered program.
‘‘(7) COVERED PROGRAM DEFINED.—The term ‘covered program’ means each of
the following discretionary grant programs:
‘‘(A) Community climate innovation grants under section 172.
‘‘(B) Electric vehicle charging and hydrogen fueling infrastructure grants
under section 151(f).
‘‘(C) Federal lands and tribal major projects grants under section 208.
‘‘(D) Safe, efficient mobility through advanced technologies grants under
section 503(c)(4).’’.
(c) DIVISION OFFICE CONSISTENCY.—Not later than 1 year after the date of enact-
ment of this Act, the Comptroller General of the United States shall submit to Con-
gress a report that—
(1) analyzes the consistency of determinations among division offices of the
Federal Highway Administration; and
(2) makes recommendations to improve the consistency of such determina-
tions.
SEC. 1107. COMPLETE AND CONTEXT SENSITIVE STREET DESIGN.
(a) STANDARDS.—Section 109 of title 23, United States Code, is amended—
(1) in subsection (a)—
(A) in paragraph (1) by striking ‘‘planned future traffic of the highway in
a manner that is conducive to’’ and inserting ‘‘future operational perform-
ance of the facility in a manner that enhances’’; and
(B) in paragraph (2) by inserting ‘‘, taking into consideration context sen-
sitive design principles’’ after ‘‘each locality’’;
(2) in subsection (b)—
(A) by striking ‘‘The geometric’’ and inserting ‘‘DESIGN CRITERIA FOR THE
INTERSTATE SYSTEM.—The geometric’’; and
(B) by striking ‘‘the types and volumes of traffic anticipated for such
project for the twenty-year period commencing on the date of approval by
the Secretary, under section 106 of this title, of the plans, specifications,
and estimates for actual construction of such project’’ and inserting ‘‘the ex-
isting and future operational performance of the facility’’;
(3) in subsection (c)(1)—
(A) in subparagraph (C) by striking ‘‘; and’’ and inserting a semicolon;
(B) in subparagraph (D) by striking the period and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(E) context sensitive design principles.’’;
(4) by striking subsection (o) and inserting the following:
‘‘(o) COMPLIANCE WITH STATE LAWS FOR NON-NHS PROJECTS.—
‘‘(1) IN GENERAL.—Projects (other than highway projects on the National
Highway System) shall—
‘‘(A) be designed, constructed, operated, and maintained in accordance
with State laws, regulations, directives, safety standards, design standards,
and construction standards; and
‘‘(B) take into consideration context sensitive design principles.
‘‘(2) DESIGN FLEXIBILITY.—
‘‘(A) IN GENERAL.—A local jurisdiction may deviate from the roadway de-
sign publication used by the State in which the local jurisdiction is located
for the design of a project on a roadway (other than a highway on the Na-
tional Highway System) if—
‘‘(i) the deviation is approved by the Secretary; and
‘‘(ii) the design complies with all other applicable Federal laws.
‘‘(B) STATE-OWNED ROADS.—In the case of a roadway under the ownership
of the State, the local jurisdiction may only deviate from the roadway de-
sign publication used by the State with the concurrence of the State.
‘‘(C) PROGRAMMATIC BASIS.—The Secretary may approve a deviation
under this paragraph on a project, multiple project, or programmatic
basis.’’; and
(5) by adding at the end the following:
‘‘(s) CONTEXT SENSITIVE DESIGN.—
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‘‘(1) CONTEXT SENSITIVE DESIGN PRINCIPLES.—The Secretary shall collaborate
with the American Association of State Highway Transportation Officials to en-
sure that any roadway design publications approved by the Secretary under this
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30
section provide adequate flexibility for a project sponsor to select the appro-
priate design of a roadway, consistent with context sensitive design principles.
‘‘(2) POLICIES OR PROCEDURES.—
‘‘(A) IN GENERAL.—Not later than 1 year after the Secretary publishes the
final guidance described in paragraph (3), each State shall adopt policies or
procedures to evaluate the context of a proposed roadway and select the ap-
propriate design, consistent with context sensitive design principles.
‘‘(B) LOCAL GOVERNMENTS.—The Secretary and States shall encourage
local governments to adopt policies or procedures described under subpara-
graph (A).
‘‘(C) CONSIDERATIONS.—The policies or procedures developed under this
paragraph shall take into consideration the guidance developed by the Sec-
retary under paragraph (3).
‘‘(3) GUIDANCE.—
‘‘(A) IN GENERAL.—
‘‘(i) NOTICE.—Not later than 1 year after the date of enactment of
this subsection, the Secretary shall publish guidance on the official
website of the Department of Transportation on context sensitive de-
sign.
‘‘(ii) PUBLIC REVIEW AND COMMENT.—The guidance described in this
paragraph shall be finalized following an opportunity for public review
and comment.
‘‘(iii) UPDATE.—The Secretary shall periodically update the guidance
described in this paragraph, including the model policies or procedures
described under subparagraph (B)(v).
‘‘(B) REQUIREMENTS.—The guidance described in this paragraph shall—
‘‘(i) provide best practices for States, metropolitan planning organiza-
tions, regional transportation planning organizations, local govern-
ments, or other project sponsors to carry out context sensitive design
principles;
‘‘(ii) identify opportunities to modify planning, scoping, design, and
development procedures to more effectively combine modes of transpor-
tation into integrated facilities that meet the needs of each of such
modes of transportation in an appropriate balance;
‘‘(iii) identify metrics to assess the context of the facility, including
surrounding land use or roadside characteristics;
‘‘(iv) assess the expected operational and safety performance of alter-
native approaches to facility design; and
‘‘(v) taking into consideration the findings of this guidance, establish
model policies or procedures for a State or other project sponsor to
evaluate the context of a proposed facility and select the appropriate
facility design for the context.
‘‘(C) TOPICS OF EMPHASIS.—In publishing the guidance described in this
paragraph, the Secretary shall emphasize—
‘‘(i) procedures for identifying the needs of users of all ages and abili-
ties of a particular roadway;
‘‘(ii) procedures for identifying the types and designs of facilities
needed to serve various modes of transportation;
‘‘(iii) safety and other benefits provided by carrying out context sen-
sitive design principles;
‘‘(iv) common barriers to carrying out context sensitive design prin-
ciples;
‘‘(v) procedures for overcoming the most common barriers to carrying
out context sensitive design principles;
‘‘(vi) procedures for identifying the costs associated with carrying out
context sensitive design principles;
‘‘(vii) procedures for maximizing local cooperation in the introduction
of context sensitive design principles and carrying out those principles;
and
‘‘(viii) procedures for assessing and modifying the facilities and oper-
ational characteristics of existing roadways to improve consistency with
context sensitive design principles.
‘‘(4) FUNDING.—Amounts made available under sections 104(b)(6) and 505 of
this title may be used for States, local governments, metropolitan planning or-
ganizations, or regional transportation planning organizations to adopt policies
or procedures to evaluate the context of a proposed roadway and select the ap-
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propriate design, consistent with context sensitive design principles.’’.
(b) CONFORMING AMENDMENT.—Section 1404(b) of the FAST Act (23 U.S.C. 109
note) is repealed.
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31
SEC. 1108. INNOVATIVE PROJECT DELIVERY FEDERAL SHARE.
(a) IN GENERAL.—Section 120(c)(3)(B) of title 23, United States Code, is amend-
ed—
(1) by striking clauses (i) and (ii) and inserting the following:
‘‘(i) prefabricated bridge elements and systems, innovative materials,
and other technologies to reduce bridge construction time, extend serv-
ice life, and reduce preservation costs, as compared to conventionally
designed and constructed bridges;
‘‘(ii) innovative construction equipment, materials, techniques, or
practices, including the use of in-place recycling technology, digital 3-
dimensional modeling technologies, and advanced digital construction
management systems;’’;
(2) by redesignating clause (vi) as clause (vii);
(3) in clause (v) by striking ‘‘or’’ at the end; and
(4) by inserting after clause (v) the following:
‘‘(vi) innovative pavement materials that demonstrate reductions in
greenhouse gas emissions through sequestration or innovative manu-
facturing processes; or’’.
(b) TECHNICAL AMENDMENT.—Section 107(a)(2) of title 23, United States Code, is
amended by striking ‘‘subsection (c) of’’.
SEC. 1109. TRANSFERABILITY OF FEDERAL-AID HIGHWAY FUNDS.
Section 126(b) of title 23, United States Code, is amended—
(1) in the heading by inserting ‘‘AND PROGRAMS’’ after ‘‘SET-ASIDES’’;
(2) in paragraph (1) by striking ‘‘and 133(d)(1)(A)’’ and inserting ‘‘, 130,
133(d)(1)(A), 133(h), 149, and 171’’; and
(3) by striking paragraph (2) and inserting the following:
‘‘(2) ENVIRONMENTAL PROGRAMS.—With respect to an apportionment under ei-
ther paragraph (4) or paragraph (9) of section 104(b), and notwithstanding para-
graph (1), a State may only transfer not more than 50 percent from the amount
of the apportionment of either such paragraph to the apportionment under the
other such paragraph in a fiscal year.’’.
SEC. 1110. TOLLING.
(a) TOLL ROADS, BRIDGES, TUNNELS, AND FERRIES.—Section 129 of title 23, United
States Code, is amended—
(1) in subsection (a)—
(A) by striking paragraph (1) and inserting the following:
‘‘(1) IN GENERAL.—
‘‘(A) AUTHORIZATION.—Subject to the provisions of this section, Federal
participation shall be permitted on the same basis and in the same manner
as construction of toll-free highways is permitted under this chapter in
the—
‘‘(i) initial construction of a toll highway, bridge, or tunnel or ap-
proach to the highway, bridge, or tunnel;
‘‘(ii) initial construction of 1 or more lanes or other improvements
that increase capacity of a highway, bridge, or tunnel (other than a
highway on the Interstate System) and conversion of that highway,
bridge, or tunnel to a tolled facility, if the number of toll-free lanes, ex-
cluding auxiliary lanes, after the construction is not less than the num-
ber of toll-free lanes, excluding auxiliary lanes, before the construction;
‘‘(iii) initial construction of 1 or more lanes or other improvements
that increase the capacity of a highway, bridge, or tunnel on the Inter-
state System and conversion of that highway, bridge, or tunnel to a
tolled facility, if the number of toll-free non-HOV lanes, excluding aux-
iliary lanes, after such construction is not less than the number of toll-
free non-HOV lanes, excluding auxiliary lanes, before such construc-
tion;
‘‘(iv) reconstruction, resurfacing, restoration, rehabilitation, or re-
placement of a toll highway, bridge, or tunnel or approach to the high-
way, bridge, or tunnel;
‘‘(v) reconstruction or replacement of a toll-free bridge or tunnel and
conversion of the bridge or tunnel to a toll facility;
‘‘(vi) reconstruction of a toll-free Federal-aid highway (other than a
highway on the Interstate System) and conversion of the highway to a
toll facility;
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‘‘(vii) reconstruction, restoration, or rehabilitation of a highway on
the Interstate System if the number of toll-free non-HOV lanes, exclud-
ing auxiliary lanes, after reconstruction, restoration, or rehabilitation is
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not less than the number of toll-free non-HOV lanes, excluding auxil-
iary lanes, before reconstruction, restoration, or rehabilitation;
‘‘(viii) conversion of a high occupancy vehicle lane on a highway,
bridge, or tunnel to a toll facility, subject to the requirements of section
166; and
‘‘(ix) preliminary studies to determine the feasibility of a toll facility
for which Federal participation is authorized under this paragraph.
‘‘(B) AGREEMENT TO TOLL.—
‘‘(i) IN GENERAL.—Before the Secretary may authorize tolling under
this subsection, the public authority with jurisdiction over a highway,
bridge, or tunnel shall enter into an agreement with the Secretary to
ensure compliance with the requirements of this subsection.
‘‘(ii) APPLICABILITY.—
‘‘(I) IN GENERAL.—The requirements of this subparagraph shall
apply to—
‘‘(aa) Federal participation under subparagraph (A);
‘‘(bb) any prior Federal participation in the facility proposed
to be tolled; and
‘‘(cc) conversion, with or without Federal participation, of a
non-tolled lane on the National Highway System to a toll facil-
ity under subparagraph (E).
‘‘(II) HOV FACILITY.—Except as otherwise provided in this sub-
section or section 166, the provisions of this paragraph shall not
apply to a high occupancy vehicle facility.
‘‘(iii) MAJOR FEDERAL ACTION.—Approval by the Secretary of an
agreement to toll under this paragraph shall be considered a major
Federal action under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.).
‘‘(C) AGREEMENT CONDITIONS.—Prior to entering into an agreement to toll
under subparagraph (B), the public authority shall certify to the Secretary
that—
‘‘(i) the public authority has established procedures to ensure the toll
meets the purposes and requirements of this subsection;
‘‘(ii) the facility shall provide for access at no cost to public transpor-
tation vehicles and over-the-road buses serving the public; and
‘‘(iii) the facility shall provide for the regional interoperability of elec-
tronic toll collection, including through technologies or business prac-
tices.
‘‘(D) CONSIDERATION OF IMPACTS.—
‘‘(i) IN GENERAL.—Prior to entering into an agreement to toll under
subparagraph (B), the Secretary shall ensure the public authority has
adequately considered, including by providing an opportunity for public
comment, the following factors within the corridor:
‘‘(I) Congestion impacts on both the toll facility and in the cor-
ridor or cordon (including adjacent toll-free facilities).
‘‘(II) In the case of a non-attainment or maintenance area, air
quality impacts.
‘‘(III) Planned investments to improve public transportation or
other non-tolled alternatives in the corridor.
‘‘(IV) Environmental justice and equity impacts.
‘‘(V) Impacts on freight movement.
‘‘(VI) Economic impacts on businesses.
‘‘(ii) CONSIDERATION IN ENVIRONMENTAL REVIEW.—Nothing in this
subparagraph shall limit a public authority from meeting the require-
ments of this subparagraph through the environmental review process,
as applicable.
‘‘(E) CONGESTION PRICING.—
‘‘(i) IN GENERAL.—The Secretary may authorize conversion of a non-
tolled lane on the National Highway System to a toll facility to utilize
pricing to manage the demand to use the facility by varying the toll
amount that is charged.
‘‘(ii) REQUIREMENT.—Prior to entering into an agreement to convert
a non-tolled lane on the National Highway System to a toll facility, the
Secretary shall ensure (in addition to the requirements under subpara-
graphs (B), (C), and (D)) that such toll facility and the planned invest-
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ments to improve public transportation or other non-tolled alternatives
in the corridor are reasonably expected to improve the operation of the
cordon or corridor, as described in clauses (iii) and (iv).
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‘‘(iii) PERFORMANCE MONITORING.—A public authority that enters into
an agreement to convert a non-tolled lane to a toll facility under this
subparagraph shall—
‘‘(I) establish, monitor, and support a performance monitoring,
evaluation, and reporting program—
‘‘(aa) for the toll facility that provides for continuous moni-
toring, assessment, and reporting on the impacts that the pric-
ing structure may have on the operation of the facility; and
‘‘(bb) for the corridor or cordon that provides for continuous
monitoring, assessment, and reporting on the impacts of con-
gestion pricing on the operation of the corridor or cordon;
‘‘(II) submit to the Secretary annual reports of the impacts de-
scribed in subclause (I); and
‘‘(III) if the facility or the corridor or cordon becomes degraded,
as described in clause (iv), submit to the Secretary an annual up-
date that describes the actions proposed to bring the toll facility
into compliance and the progress made on such actions.
‘‘(iv) DETERMINATION.—
‘‘(I) DEGRADED OPERATION.—For purposes of clause (iii)(III), the
operation of a toll facility shall be considered to be degraded if ve-
hicles operating on the facility are failing to maintain a minimum
average operating speed 90 percent of the time over a consecutive
180-day period during peak hour periods.
‘‘(II) DEGRADED CORRIDOR OR CORDON.—For the purposes of
clause (iii)(III), a corridor or cordon shall be considered to be de-
graded if congestion pricing or investments to improve public
transportation or other non-tolled alternatives have not resulted
in—
‘‘(aa) an increase in person or freight throughput in the cor-
ridor or cordon; or
‘‘(bb) a reduction in person hours of delay in the corridor or
cordon, as determined by the Secretary.
‘‘(III) DEFINITION OF MINIMUM AVERAGE OPERATING SPEED.—In
this subparagraph, the term ‘minimum average operating speed’
means—
‘‘(aa) 35 miles per hour, in the case of a toll facility with a
speed limit of 45 miles per hour or greater; and
‘‘(bb) not more than 10 miles per hour below the speed limit,
in the case of a toll facility with a speed limit of less than 50
miles per hour.
‘‘(v) MAINTENANCE OF OPERATING PERFORMANCE.—
‘‘(I) IN GENERAL.—Not later than 180 days after the date on
which a facility or a corridor or cordon becomes degraded under
clause (iv), the public authority with jurisdiction over the facility
shall submit to the Secretary for approval a plan that details the
actions the public authority will take to make significant progress
toward bringing the facility or corridor or cordon into compliance
with this subparagraph.
‘‘(II) NOTICE OF APPROVAL OR DISAPPROVAL.—Not later than 60
days after the date of receipt of a plan under subclause (I), the Sec-
retary shall provide to the public authority a written notice indi-
cating whether the Secretary has approved or disapproved the plan
based on a determination of whether the implementation of the
plan will make significant progress toward bringing the facility or
corridor or cordon into compliance with this subparagraph.
‘‘(III) UPDATE.—Until the date on which the Secretary deter-
mines that the public authority has brought the facility or corridor
or cordon into compliance with this subparagraph, the public au-
thority shall submit annual updates that describe—
‘‘(aa) the actions taken to bring the facility into compliance;
‘‘(bb) the actions taken to bring the corridor or cordon into
compliance; and
‘‘(cc) the progress made by those actions.
‘‘(IV) COMPLIANCE.—If a public authority fails to bring a facility
into compliance under this subparagraph, the Secretary may sub-
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ject the public authority to appropriate program sanctions under
section 1.36 of title 23, Code of Federal Regulations (or successor
regulations), until the performance is no longer degraded.
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34
‘‘(vi) CONSULTATION OF MPO.—If a toll facility authorized under this
subparagraph is located on the National Highway System and in a met-
ropolitan planning area established in accordance with section 134, the
public authority shall consult with the metropolitan planning organiza-
tion for the area.
‘‘(vii) INCLUSION.—For the purposes of this paragraph, the corridor or
cordon shall include toll-free facilities that are adjacent to the toll facil-
ity.’’;
(B) in paragraph (3)—
(i) in subparagraph (A)—
(I) in clause (iv) by striking ‘‘and’’ at the end; and
(II) by striking clause (v) and inserting the following:
‘‘(v) any project eligible under this title or chapter 53 of title 49 that
improves the operation of the corridor or cordon by increasing person
or freight throughput and reducing person hours of delay;
‘‘(vi) toll discounts or rebates for users of the toll facility that have
no reasonable alternative transportation method to the toll facility; and
‘‘(vii) if the public authority certifies annually that the tolled facility
is being adequately maintained and the cordon or corridor is not de-
graded under paragraph (1)(E), any revenues remaining after funding
the activities described in clauses (i) through (vi) shall be considered
surplus revenue and may be used for any other purpose for which Fed-
eral funds may be obligated by a State under this title or chapter 53
of title 49.’’;
(ii) by striking subparagraph (B) and inserting the following:
‘‘(B) TRANSPARENCY.—
‘‘(i) ANNUAL AUDIT.—
‘‘(I) IN GENERAL.—A public authority with jurisdiction over a toll
facility shall conduct or have an independent auditor conduct an
annual audit of toll facility records to verify adequate maintenance
and compliance with subparagraph (A), and report the results of
the audits to the Secretary.
‘‘(II) RECORDS.—On reasonable notice, the public authority shall
make all records of the public authority pertaining to the toll facil-
ity available for audit by the Secretary.
‘‘(ii) USE OF REVENUES.—A State or public authority that obligates
amounts under clauses (v), (vi), or (vii) of subparagraph (A) shall annu-
ally report to the Secretary a list of activities funded with such
amounts and the amount of funding provided for each such activity.’’;
(C) in paragraph (8) by striking ‘‘as of the date of enactment of the MAP–
21, before commencing any activity authorized’’ and inserting ‘‘, before com-
mencing any activity authorized’’;
(D) in paragraph (9)—
(i) by striking ‘‘bus’’ and inserting ‘‘vehicle’’; and
(ii) by striking ‘‘buses’’ and inserting ‘‘vehicles’’; and
(E) by striking paragraph (10) and inserting the following:
‘‘(10) INTEROPERABILITY OF ELECTRONIC TOLL COLLECTION.—All toll facilities
on Federal-aid highways shall provide for the regional interoperability of elec-
tronic toll collection, including through technologies or business practices.
‘‘(11) NONCOMPLIANCE.—If the Secretary concludes that a public authority has
not complied with the requirements of this subsection, the Secretary may re-
quire the public authority to discontinue collecting tolls until the public author-
ity and the Secretary enter into an agreement for the public authority to
achieve compliance with such requirements.
‘‘(12) DEFINITIONS.—In this subsection, the following definitions apply:
‘‘(A) FEDERAL PARTICIPATION.—The term ‘Federal participation’ means the
use of funds made available under this title.
‘‘(B) HIGH OCCUPANCY VEHICLE; HOV.—The term ‘high occupancy vehicle’
or ‘HOV’ means a vehicle with not fewer than 2 occupants.
‘‘(C) INITIAL CONSTRUCTION.—
‘‘(i) IN GENERAL.—The term ‘initial construction’ means the construc-
tion of a highway, bridge, tunnel, or other facility at any time before
it is open to traffic.
‘‘(ii) EXCLUSIONS.—The term ‘initial construction’ does not include
any improvement to a highway, bridge, tunnel, or other facility after
it is open to traffic.
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‘‘(D) OVER-THE-ROAD BUS.—The term ‘over-the-road bus’ has the meaning
given the term in section 301 of the Americans with Disabilities Act of 1990
(42 U.S.C. 12181).
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35
‘‘(E) PUBLIC AUTHORITY.—The term ‘public authority’ means a State,
interstate compact of States, or public entity designated by a State.
‘‘(F) PUBLIC TRANSPORTATION VEHICLE.—The term ‘public transportation
vehicle’ has the meaning given that term in section 166.
‘‘(G) TOLL FACILITY.—The term ‘toll facility’ means a toll highway, bridge,
or tunnel or approach to the highway, bridge, or tunnel constructed or au-
thorized to be tolled under this subsection.’’.
(b) REPEAL OF INTERSTATE SYSTEM RECONSTRUCTION AND REHABILITATION PILOT
PROGRAM.—Section 1216 of the Transportation Equity Act for the 21st Century (23
U.S.C. 129 note), and the item related to such section in the table of contents in
section 1(b) of such Act, are repealed.
(c) VALUE PRICING PILOT PROGRAM.—Section 1012(b) of the Intermodal Surface
Transportation Efficiency Act of 1991 (23 U.S.C. 149 note) is amended by adding
at the end the following:
‘‘(9) SUNSET.—The Secretary may not consider an expression of interest sub-
mitted under this section after the date of enactment of this paragraph.’’.
(d) SAVINGS CLAUSE.—
(1) APPLICATION OF LIMITATIONS.—Any toll facility described in paragraph (2)
shall be subject to the requirements of section 129(a)(3) of title 23, United
States Code, as in effect on the day before the date of enactment of this Act.
(2) TOLL FACILITIES.—A toll facility described in this paragraph is a facility
that, on the day prior to the date of enactment of this Act, was—
(A) operating;
(B) in the planning and design phase; or
(C) in the construction phase.
(e) REPORT.—Not later than 180 days after the date of enactment of this Act, the
Secretary of Transportation shall submit to Congress a report on the implementa-
tion of the interoperability of toll collection as required under section 1512(b) of
MAP–21, including an assessment of the progress in, and barriers on, such imple-
mentation.
SEC. 1111. HOV FACILITIES.
Section 166 of title 23, United States Code, is amended—
(1) in subsection (b)—
(A) in paragraph (4)(C)(iii) by striking ‘‘transportation buses’’ and insert-
ing ‘‘transportation vehicles’’; and
(B) in paragraph (5)(B) by striking ‘‘2019’’ and inserting ‘‘2025’’;
(2) in subsection (d)(2)(A)(i) by striking ‘‘45 miles per hour, in the case of a
toll facility with a speed of 50 miles per hour or greater’’ and inserting ‘‘35 miles
per hour, in the case of a toll facility with a speed limit of 45 miles per hour
or greater’’;
(3) in subsection (d)(2)(B) by striking ‘‘morning or evening weekday peak hour
periods (or both)’’ and inserting ‘‘peak hour periods’’;
(4) in subsection (e)—
(A) by striking ‘‘Not later than 180 days after the date of enactment of
this section, the Administrator’’ and inserting ‘‘The Administrator’’;
(B) in paragraph (1) by striking ‘‘and’’ at the end;
(C) in paragraph (2) by striking the period at the end and inserting ‘‘;
and’’; and
(D) by adding at the end the following:
‘‘(3) not later than 180 days after the date of enactment of the INVEST in
America Act, update the requirements established under paragraph (1).’’; and
(5) in subsection (f)—
(A) in paragraph (1)—
(i) by striking subparagraphs (C), (D), and (F); and
(ii) by redesignating subparagraphs (E), (G), (H), and (I) as subpara-
graphs (C), (D), (E), and (F), respectively; and
(B) in paragraph (6)(B)(i) by striking ‘‘public entity’’ and inserting ‘‘public
transportation service that is a recipient or subrecipient of funds under
chapter 53 of title 49’’.
SEC. 1112. BUY AMERICA.
(a) IN GENERAL.—Section 313 of title 23, United States Code, is amended—
(1) in subsection (a)—
(A) by striking ‘‘Notwithstanding’’ and inserting ‘‘IN GENERAL.—Notwith-
standing’’;
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(B) by striking ‘‘Secretary of Transportation’’ and inserting ‘‘Secretary’’;
(C) by striking ‘‘the Surface Transportation Assistance Act of 1982 (96
Stat. 2097) or’’; and
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36
(D) by striking ‘‘and manufactured products’’ and inserting ‘‘manufac-
tured products, and construction materials’’;
(2) in subsection (b) by inserting ‘‘DETERMINATION.—’’ before ‘‘The provisions’’;
(3) in subsection (c) by striking ‘‘For purposes’’ and inserting ‘‘CALCULATION.—
For purposes’’;
(4) in subsection (d)—
(A) by striking ‘‘The Secretary of Transportation’’ and inserting ‘‘REQUIRE-
MENTS.—The Secretary’’; and
(B) by striking ‘‘the Surface Transportation Assistance Act of 1982 (96
Stat. 2097) or’’; and
(5) by adding at the end the following:
‘‘(h) WAIVER PROCEDURE.—
‘‘(1) IN GENERAL.—Not later than 120 days after the submission of a request
for a waiver, the Secretary shall make a determination under paragraph (1) or
(2) of subsection (b) as to whether subsection (a) shall apply.
‘‘(2) PUBLIC NOTIFICATION AND COMMENT.—
‘‘(A) IN GENERAL.—Not later than 30 days before making a determination
regarding a waiver described in paragraph (1), the Secretary shall provide
notification and an opportunity for public comment on the request for such
waiver.
‘‘(B) NOTIFICATION REQUIREMENTS.—The notification required under sub-
paragraph (A) shall—
‘‘(i) describe whether the application is being made for a determina-
tion described in subsection (b)(1); and
‘‘(ii) be provided to the public by electronic means, including on the
public website of the Department of Transportation.
‘‘(3) DETERMINATION.—Before a determination described in paragraph (1)
takes effect, the Secretary shall publish a detailed justification for such deter-
mination that addresses all public comments received under paragraph (2)—
‘‘(A) on the public website of the Department of Transportation; and
‘‘(B) if the Secretary issues a waiver with respect to such determination,
in the Federal Register.
‘‘(i) REVIEW OF NATIONWIDE WAIVERS.—
‘‘(1) IN GENERAL.—Not later than 1 year after the date of enactment of this
subsection, and at least every 5 years thereafter, the Secretary shall review any
standing nationwide waiver issued by the Secretary under this section to ensure
such waiver remains justified.
‘‘(2) PUBLIC NOTIFICATION AND OPPORTUNITY FOR COMMENT.—
‘‘(A) IN GENERAL.—Not later than 30 days before the completion of a re-
view under paragraph (1), the Secretary shall provide notification and an
opportunity for public comment on such review.
‘‘(B) MEANS OF NOTIFICATION.—Notification provided under this subpara-
graph shall be provided by electronic means, including on the public
website of the Department of Transportation.
‘‘(3) DETAILED JUSTIFICATION IN FEDERAL REGISTER.—After the completion of
a review under paragraph (1), the Secretary shall publish in the Federal Reg-
ister a detailed justification for the determination made under paragraph (1)
that addresses all public comments received under paragraph (2).
‘‘(j) REPORT.—Not later than 120 days after the last day of each fiscal year, the
Secretary shall submit to the Committee on Transportation and Infrastructure of
the House of Representatives, the Committee on Appropriations of the House of
Representatives, the Committee on Environment and Public Works of the Senate,
and the Committee on Appropriations of the Senate a report on the waivers pro-
vided under subsection (h) during the previous fiscal year and the justifications for
such waivers.’’.
(b) SAFETEA–LU TECHNICAL CORRECTIONS ACT OF 2008.—Section 117 of the
SAFETEA–LU Technical Corrections Act of 2008 (23 U.S.C. 313 note) is repealed.
SEC. 1113. FEDERAL-AID HIGHWAY PROJECT REQUIREMENTS.
(a) IN GENERAL.—Except as otherwise provided in subsection (b), notwithstanding
any other provision of law, the Secretary shall require recipients of assistance under
title 23, United States Code, and title I of division B this Act and the amendments
made by this Act to comply with subsection (a) of section 113 of title 23, United
States Code, with respect to all construction work, in the same manner that recipi-
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ents of assistance under chapter 1 of such title are required to comply with such
subsection for construction work performed on highway projects on Federal-aid high-
ways.
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(b) TREATMENT OF CERTAIN PROJECTS.—The Secretary shall apply the require-
ments of section 1306(l) of this Act and sections 117(k), 172(j), and 173(k) of title
23, United States Code, to a project funded with a grant under such sections.
SEC. 1114. STATE ASSUMPTION OF RESPONSIBILITY FOR CATEGORICAL EXCLUSIONS.
Section 326(c)(3) of title 23, United States Code, is amended—
(1) by striking subparagraph (A) and inserting the following:
‘‘(A) except as provided under subparagraph (C), have a term of not more
than 3 years;’’;
(2) in subparagraph (B) by striking the period at the end and inserting ‘‘;
and’’; and
(3) by adding at the end the following:
‘‘(C) for any State that has assumed the responsibility for categorical ex-
clusions under this section for at least 10 years, have a term of 5 years.’’.
SEC. 1115. SURFACE TRANSPORTATION PROJECT DELIVERY PROGRAM WRITTEN AGREE-
MENTS.
Section 327 of title 23, United States Code, is amended—
(1) in subsection (c)—
(A) by striking paragraph (5) and inserting the following:
‘‘(5) except as provided under paragraph (7), have a term of not more than
5 years;’’;
(B) in paragraph (6) by striking the period at the end and inserting ‘‘;
and’’; and
(C) by adding at the end the following:
‘‘(7) for any State that has participated in a program under this section (or
under a predecessor program) for at least 10 years, have a term of 10 years.’’;
(2) in subsection (g)(1)—
(A) in subparagraph (C) by striking ‘‘annual’’;
(B) in subparagraph (B) by striking ‘‘and’’ at the end;
(C) by redesignating subparagraph (C) as subparagraph (D); and
(D) by inserting after subparagraph (B) the following:
‘‘(C) in the case of an agreement period of greater than 5 years under
subsection (c)(7), conduct an audit covering the first 5 years of the agree-
ment period; and’’; and
(3) by adding at the end the following:
‘‘(m) AGENCY DEEMED TO BE FEDERAL AGENCY.—A State agency that is assigned
a responsibility under an agreement under this section shall be deemed to be a Fed-
eral agency for the purposes of all Federal laws pursuant to which the responsibility
is exercised.’’.
SEC. 1116. CORROSION PREVENTION FOR BRIDGES.
(a) DEFINITIONS.—In this section:
(1) APPLICABLE BRIDGE PROJECTS.—The term ‘‘applicable bridge projects’’
means a project for construction, alteration, or maintenance work, other than
de minimus maintenance or repair work as determined by the applicable State
department of transportation, on a bridge or overpass structure funded under
title 23, United States Code.
(2) CERTIFIED CONTRACTOR.—The term ‘‘certified contractor’’ means a con-
tracting or subcontracting firm that has been certified by a third party organi-
zation that evaluates the capability of the contractor or subcontractor to prop-
erly perform one or more specified aspects of applicable bridge projects as de-
fined in subsection (b)(2).
(3) QUALIFIED TRAINING PROGRAM.—The term ‘‘qualified training program’’
means a training program in corrosion control, mitigation and prevention, that
is either offered or accredited by an organization that sets industry corrosion
standards or is recognized in corrosion management transportation structures
by the Department of Transportation, for the purposes of controlling, mitigating
and preventing corrosion, or a program registered under the Act of August 16,
1937 (29 U.S.C. 50 et seq.) (commonly known as the ‘‘National Apprenticeship
Act’’) that meets the requirements of parts 29 and 30 of title 29, Code of Federal
Regulations, as in effect on January 1, 2020.
(b) APPLICABLE BRIDGE PROJECTS.—
(1) QUALITY CONTROL.—A certified contractor shall carry out aspects of an ap-
plicable bridge project described in paragraph (2).
(2) ASPECTS OF APPLICABLE BRIDGE PROJECTS.—Aspects of an applicable
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bridge project referred to in paragraph (1) include—
(A) surface preparation or coating application on steel or rebar of an ap-
plicable bridge project;
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(B) removal of a lead-based or other hazardous coating from steel of an
existing applicable bridge project;
(C) shop painting of structural steel or rebar fabricated for installation
on an applicable bridge project; and
(D) the design, application, installation and maintenance of a cathodic
protection system on an applicable bridge project.
(3) CORROSION MANAGEMENT SYSTEM.—A State transportation department
shall—
(A) implement a corrosion management system that utilizes industry-rec-
ognized standards and corrosion mitigation and prevention methods to ad-
dress—
(i) surface preparation;
(ii) protective coatings;
(iii) materials selection;
(iv) cathodic protection;
(v) corrosion engineering;
(vi) personnel training; and
(vii) best practices in environmental protection to prevent environ-
mental degradation and uphold public health;
(B) require certified contractors that employ appropriately trained and
certified coating applicators to carry out aspects of applicable bridge
projects as described in paragraph (2); and
(C) use certified cathodic protection professionals for all aspects of appli-
cable bridge projects that require knowledge of the design, installation,
monitoring, or maintenance of a cathodic protection system.
(c) TRAINING PROGRAM.—As a condition of entering into a contract for an applica-
ble bridge project, each certified contractor shall provide training, through a quali-
fied training program, for each applicable craft or trade classification of employees
that the certified contractor intends to employ to carry out aspects of applicable
bridge projects as described in subsection (b)(2).
SEC. 1117. SENSE OF CONGRESS.
It is the sense of Congress that—
(1) States should utilize life-cycle cost analysis to evaluate the total economic
cost of a transportation project over its expected lifetime; and
(2) data indicating that future repair costs associated with a transportation
project frequently total more than half of the initial cost of the project, and that
conducting life-cycle cost analysis prior to construction will help States identify
the most cost-effective option, improve their economic performance, and lower
the total cost of building and maintaining the project.
Subtitle B—Programmatic Infrastructure
Investment
SEC. 1201. NATIONAL HIGHWAY PERFORMANCE PROGRAM.
Section 119 of title 23, United States Code, is amended—
(1) by striking subsection (b) and inserting the following:
‘‘(b) PURPOSES.—The purposes of the national highway performance program shall
be—
‘‘(1) to provide support for the condition and performance of the National
Highway System, consistent with the asset management plans of States;
‘‘(2) to support progress toward the achievement of performance targets of
States established under section 150;
‘‘(3) to increase the resilience of Federal-aid highways and bridges; and
‘‘(4) to provide support for the construction of new facilities on the National
Highway System, consistent with subsection (d)(3).’’;
(2) in subsection (d)—
(A) in paragraph (1)(A) by striking ‘‘or freight movement on the National
Highway System’’ and inserting ‘‘freight movement, environmental sustain-
ability, transportation system access, or combating climate change’’;
(B) in paragraph (1)(B) by striking ‘‘and’’ at the end;
(C) in paragraph (2)—
(i) in subparagraph (G)—
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(I) in clause (i) by inserting ‘‘and’’ at the end;
(II) in clause (ii) by striking ‘‘; and’’ and inserting a period; and
(III) by striking clause (iii);
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39
(ii) in subparagraph (I) by inserting ‘‘, including the installation of
safety barriers and nets on bridges on the National Highway System’’
after ‘‘National Highway System’’; and
(iii) by adding at the end the following:
‘‘(Q) Projects on or off the National Highway System to reduce green-
house gas emissions that are eligible under section 171, including the in-
stallation of electric vehicle charging infrastructure.
‘‘(R) Projects on or off the National Highway System to enhance resilience
of a transportation facility, including protective features.
‘‘(S) Projects and strategies to reduce vehicle-caused wildlife mortality re-
lated to, or to restore and maintain connectivity among terrestrial or aquat-
ic habitats affected by, a transportation facility otherwise eligible for assist-
ance under this section.
‘‘(T) Projects on or off the National Highway System to improve an evacu-
ation route eligible under section 124(b)(1)(C).
‘‘(U) Undergrounding public utilities in the course of other infrastructure
improvements eligible under this section to mitigate the cost of recurring
damages from extreme weather events, wildfire or other natural disasters.’’;
and
(D) by adding at the end the following:
‘‘(3) a project that is otherwise eligible under this subsection to construct new
capacity for single occupancy passenger vehicles only if the State—
‘‘(A) has demonstrated progress in achieving a state of good repair, as de-
fined in the State’s asset management plan, on the National Highway Sys-
tem;
‘‘(B) demonstrates that the project—
‘‘(i) supports the achievement of performance targets of the State es-
tablished under section 150; and
‘‘(ii) is more cost effective, as determined by benefit-cost analysis,
than—
‘‘(I) an operational improvement to the facility or corridor;
‘‘(II) the construction of a transit project eligible for assistance
under chapter 53 of title 49; or
‘‘(III) the construction of a non-single occupancy passenger vehi-
cle project that improves freight movement; and
‘‘(C) has a public plan for maintaining and operating the new asset while
continuing its progress in achieving a state of good repair under subpara-
graph (A).’’;
(3) in subsection (e)—
(A) in the heading by inserting ‘‘ASSET AND’’ after ‘‘STATE’’;
(B) in paragraph (4)(D) by striking ‘‘analysis’’ and inserting ‘‘analyses,
both of which shall take into consideration climate change adaptation and
resilience;’’; and
(C) in paragraph (8) by striking ‘‘Not later than 18 months after the date
of enactment of the MAP–21, the Secretary’’ and inserting ‘‘The Secretary’’;
and
(4) by adding at the end the following:
‘‘(k) BENEFIT-COST ANALYSIS.—In carrying out subsection (d)(3)(B)(ii), the Sec-
retary shall establish a process for analyzing the cost and benefits of projects under
such subsection, ensuring that—
‘‘(1) the benefit-cost analysis includes a calculation of all the benefits ad-
dressed in the performance measures established under section 150;
‘‘(2) the benefit-cost analysis includes a consideration of the total maintenance
cost of an asset over the lifecycle of the asset; and
‘‘(3) the State demonstrates that any travel demand modeling used to cal-
culate the benefit-cost analysis has a documented record of accuracy.’’.
SEC. 1202. INCREASING THE RESILIENCE OF TRANSPORTATION ASSETS.
(a) PREDISASTER MITIGATION PROGRAM.—
(1) IN GENERAL.—Chapter 1 of title 23, United States Code, is amended by
inserting after section 123 the following:
‘‘§ 124. Predisaster mitigation program
‘‘(a) ESTABLISHMENT.—The Secretary shall establish and implement a predisaster
mitigation program to enhance the resilience of the transportation system of the
United States, mitigate the impacts of covered events, and ensure the efficient use
of Federal resources.
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‘‘(b) ELIGIBLE ACTIVITIES.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), funds apportioned to the State
under section 104(b)(8) may be obligated for construction activities, including
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construction of natural infrastructure or protective features and the develop-
ment of such projects and programs that help agencies, to—
‘‘(A) increase the resilience of a surface transportation infrastructure
asset to withstand a covered event;
‘‘(B) relocate or provide a reasonable alternative to a repeatedly damaged
facility;
‘‘(C) for an evacuation route identified in the vulnerability assessment re-
quired under section 134(i)(2)(I)(iii) or section 135(f)(10)(C)—
‘‘(i) improve the capacity or operation of such evacuation route
through—
‘‘(I) communications and intelligent transportation system equip-
ment and infrastructure;
‘‘(II) counterflow measures; and
‘‘(III) shoulders; and
‘‘(ii) relocate such evacuation route or provide a reasonable alter-
native to such evacuation route to address the risk of a covered event;
and
‘‘(D) recover from incidents that significantly disrupt a regions transpor-
tation system including—
‘‘(i) predisaster training programs that help agencies and regional
stakeholders plan for and prepare multimodal recovery efforts; and
‘‘(ii) the establishment of regional wide telework training and pro-
grams.
‘‘(2) INFRASTRUCTURE RESILIENCE AND ADAPTATION.—No funds shall be obli-
gated to a project under this section unless the project meets each of the fol-
lowing criteria:
‘‘(A) The project is designed to ensure resilience over the anticipated serv-
ice life of the surface transportation infrastructure asset.
‘‘(B) The project is identified in the metropolitan or statewide transpor-
tation improvement program as a project to address resilience
vulnerabilities, consistent with section 134(j)(3)(E) or 135(g)(5)(B)(iii).
‘‘(C) For a project in a flood-prone area, the project sponsor considers hy-
drologic and hydraulic data and methods that integrate current and pro-
jected changes in flooding based on climate science over the anticipated
service life of the surface transportation infrastructure asset and future
forecasted land use changes.
‘‘(3) PRIORITIZATION OF PROJECTS.—A State shall develop a process to
prioritize projects under this section based on the degree to which the proposed
project would—
‘‘(A) be cost effective;
‘‘(B) reduce the risk of disruption to a surface transportation infrastruc-
ture asset considered critical to support population centers, freight move-
ment, economic activity, evacuation, recovery, or national security func-
tions; and
‘‘(C) ease disruptions to vulnerable, at-risk, or transit-dependant popu-
lations.
‘‘(c) GUIDANCE.—The Secretary shall provide guidance to States to assist with the
implementation of paragraphs (2) and (3) of subsection (b).
‘‘(d) DEFINITIONS.—In this section:
‘‘(1) COVERED EVENT.—The term ‘covered event’ means a climate change effect
(including sea level rise), an extreme event, seismic activity, or any other nat-
ural disaster (including a wildfire or landslide).
‘‘(2) SURFACE TRANSPORTATION INFRASTRUCTURE ASSET.—The term ‘surface
transportation infrastructure asset’ means a facility eligible for assistance under
this title or chapter 53 of title 49.’’.
(2) CONFORMING AMENDMENT.—The analysis for chapter 1 of title 23, United
States Code, is amended by inserting after the item relating to section 123 the
following:
‘‘124. Predisaster mitigation program.’’.
(b) METROPOLITAN TRANSPORTATION PLANNING.—
(1) AMENDMENTS TO TITLE 23.—
(A) CLIMATE CHANGE AND RESILIENCE.—Section 134(i)(2) of title 23,
United States Code, is amended by adding at the end the following:
‘‘(I) CLIMATE CHANGE AND RESILIENCE.—
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‘‘(i) IN GENERAL.—The transportation planning process shall assess
strategies to reduce the climate change impacts of the surface transpor-
tation system and conduct a vulnerability assessment to identify oppor-
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tunities to enhance the resilience of the surface transportation system
and ensure the efficient use of Federal resources.
‘‘(ii) CLIMATE CHANGE MITIGATION AND IMPACTS.—A long-range trans-
portation plan shall—
‘‘(I) identify investments and strategies to reduce transportation-
related sources of greenhouse gas emissions per capita;
‘‘(II) identify investments and strategies to manage transpor-
tation demand and increase the rates of public transportation rid-
ership, walking, bicycling, and carpools; and
‘‘(III) recommend zoning and other land use policies that would
support infill, transit-oriented development, and mixed use devel-
opment.
‘‘(iii) VULNERABILITY ASSESSMENT.—A long-range transportation plan
shall incorporate a vulnerability assessment that—
‘‘(I) includes a risk-based assessment of vulnerabilities of critical
transportation assets and systems to covered events (as such term
is defined in section 124);
‘‘(II) considers, as applicable, the risk management analysis in
the State’s asset management plan developed pursuant to section
119, and the State’s evaluation of reasonable alternatives to re-
peatedly damaged facilities conducted under part 667 of title 23,
Code of Federal Regulations;
‘‘(III) identifies evacuation routes, assesses the ability of any
such routes to provide safe passage for evacuation and emergency
response during an emergency event, and identifies any improve-
ments or redundant facilities necessary to adequately facilitate safe
passage;
‘‘(IV) describes the metropolitan planning organization’s adapta-
tion and resilience improvement strategies that will inform the
transportation investment decisions of the metropolitan planning
organization; and
‘‘(V) is consistent with and complementary of the State and local
mitigation plans required under section 322 of the Robert T. Staf-
ford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5165).
‘‘(iv) CONSULTATION.—The assessment described in this subparagraph
shall be developed in consultation with, as appropriate, State, local,
and Tribal officials responsible for land use, housing, resilience, hazard
mitigation, and emergency management.’’.
(B) RESILIENCE PROJECTS.—Section 134(j)(3) of title 23, United States
Code, is amended by adding at the end the following:
‘‘(E) RESILIENCE PROJECTS.—The TIP shall—
‘‘(i) identify projects that address the vulnerabilities identified by the
assessment in subsection (i)(2)(I)(iii); and
‘‘(ii) describe how each project identified under clause (i) would im-
prove the resilience of the transportation system.’’.
(2) AMENDMENTS TO TITLE 49.—
(A) CLIMATE CHANGE AND RESILIENCE.—Section 5303(i)(2) of title 49,
United States Code, is amended by adding at the end the following:
‘‘(I) CLIMATE CHANGE AND RESILIENCE.—
‘‘(i) IN GENERAL.—The transportation planning process shall assess
strategies to reduce the climate change impacts of the surface transpor-
tation system and conduct a vulnerability assessment to identify oppor-
tunities to enhance the resilience of the surface transportation system
and ensure the efficient use of Federal resources.
‘‘(ii) CLIMATE CHANGE MITIGATION AND IMPACTS.—A long-range trans-
portation plan shall—
‘‘(I) identify investments and strategies to reduce transportation-
related sources of greenhouse gas emissions per capita;
‘‘(II) identify investments and strategies to manage transpor-
tation demand and increase the rates of public transportation rid-
ership, walking, bicycling, and carpools; and
‘‘(III) recommend zoning and other land use policies that would
support infill, transit-oriented development, and mixed use devel-
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opment.
‘‘(iii) VULNERABILITY ASSESSMENT.—A long-range transportation plan
shall incorporate a vulnerability assessment that—
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‘‘(I) includes a risk-based assessment of vulnerabilities of critical
transportation assets and systems to covered events (as such term
is defined in section 124 of title 23);
‘‘(II) considers, as applicable, the risk management analysis in
the State’s asset management plan developed pursuant to section
119 of title 23, and the State’s evaluation of reasonable alter-
natives to repeatedly damaged facilities conducted under part 667
of title 23, Code of Federal Regulations;
‘‘(III) identifies evacuation routes, assesses the ability of any
such routes to provide safe passage for evacuation and emergency
response during an emergency event, and identifies any improve-
ments or redundant facilities necessary to adequately facilitate safe
passage;
‘‘(IV) describes the metropolitan planning organization’s adapta-
tion and resilience improvement strategies that will inform the
transportation investment decisions of the metropolitan planning
organization; and
‘‘(V) is consistent with and complementary of the State and local
mitigation plans required under section 322 of the Robert T. Staf-
ford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5165).
‘‘(iv) CONSULTATION.—The assessment described in this subparagraph
shall be developed in consultation, as appropriate, with State, local,
and Tribal officials responsible for land use, housing, resilience, hazard
mitigation, and emergency management.’’.
(B) RESILIENCE PROJECTS.—Section 5303(j)(3) of title 49, United States
Code, is amended by adding at the end the following:
‘‘(E) RESILIENCE PROJECTS.—The TIP shall—
‘‘(i) identify projects that address the vulnerabilities identified by the
assessment in subsection (i)(2)(I)(iii); and
‘‘(ii) describe how each project identified under clause (i) would im-
prove the resilience of the transportation system.’’.
(c) STATEWIDE AND NONMETROPOLITAN PLANNING.—
(1) AMENDMENTS TO TITLE 23.—
(A) CLIMATE CHANGE AND RESILIENCE.—Section 135(f) of title 23, United
States Code, is amended by adding at the end the following:
‘‘(10) CLIMATE CHANGE AND RESILIENCE.—
‘‘(A) IN GENERAL.—The transportation planning process shall assess strat-
egies to reduce the climate change impacts of the surface transportation
system and conduct a vulnerability assessment to identify opportunities to
enhance the resilience of the surface transportation system and ensure the
efficient use of Federal resources.
‘‘(B) CLIMATE CHANGE MITIGATION AND IMPACTS.—A long-range transpor-
tation plan shall—
‘‘(i) identify investments and strategies to reduce transportation-re-
lated sources of greenhouse gas emissions per capita;
‘‘(ii) identify investments and strategies to manage transportation de-
mand and increase the rates of public transportation ridership, walk-
ing, bicycling, and carpools; and
‘‘(iii) recommend zoning and other land use policies that would sup-
port infill, transit-oriented development, and mixed use development.
‘‘(C) VULNERABILITY ASSESSMENT.—A long-range transportation plan shall
incorporate a vulnerability assessment that—
‘‘(i) includes a risk-based assessment of vulnerabilities of critical
transportation assets and systems to covered events (as such term is
defined in section 124);
‘‘(ii) considers, as applicable, the risk management analysis in the
State’s asset management plan developed pursuant to section 119, and
the State’s evaluation of reasonable alternatives to repeatedly damaged
facilities conducted under part 667 of title 23, Code of Federal Regula-
tions;
‘‘(iii) identifies evacuation routes, assesses the ability of any such
routes to provide safe passage for evacuation and emergency response
during an emergency event, and identifies any improvements or redun-
dant facilities necessary to adequately facilitate safe passage;
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‘‘(iv) describes the States’s adaptation and resilience improvement
strategies that will inform the transportation investment decisions of
the State; and
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‘‘(v) is consistent with and complementary of the State and local miti-
gation plans required under section 322 of the Robert T. Stafford Dis-
aster Relief and Emergency Assistance Act (42 U.S.C. 5165).
‘‘(D) CONSULTATION.—The assessment described in this subparagraph
shall be developed in consultation with, as appropriate, State, local, and
Tribal officials responsible for land use, housing, resilience, hazard mitiga-
tion, and emergency management.’’.
(B) RESILIENCE PROJECTS.—Section 135(g)(5)(B) of title 23, United States
Code, is amended by adding at the end the following:
‘‘(iii) RESILIENCE PROJECTS.—The STIP shall—
‘‘(I) identify projects that address the vulnerabilities identified by
the assessment in subsection (i)(10)(B); and
‘‘(II) describe how each project identified under subclause (I)
would improve the resilience of the transportation system.’’.
(2) AMENDMENTS TO TITLE 49.—
(A) CLIMATE CHANGE AND RESILIENCE.—Section 5304(f) of title 49, United
States Code, is amended by adding at the end the following:
‘‘(10) CLIMATE CHANGE AND RESILIENCE.—
‘‘(A) IN GENERAL.—The transportation planning process shall assess strat-
egies to reduce the climate change impacts of the surface transportation
system and conduct a vulnerability assessment to identify opportunities to
enhance the resilience of the surface transportation system and ensure the
efficient use of Federal resources.
‘‘(B) CLIMATE CHANGE MITIGATION AND IMPACTS.—A long-range transpor-
tation plan shall—
‘‘(i) identify investments and strategies to reduce transportation-re-
lated sources of greenhouse gas emissions per capita;
‘‘(ii) identify investments and strategies to manage transportation de-
mand and increase the rates of public transportation ridership, walk-
ing, bicycling, and carpools; and
‘‘(iii) recommend zoning and other land use policies that would sup-
port infill, transit-oriented development, and mixed use development.
‘‘(C) VULNERABILITY ASSESSMENT.—A long-range transportation plan shall
incorporate a vulnerability assessment that—
‘‘(i) includes a risk-based assessment of vulnerabilities of critical
transportation assets and systems to covered events (as such term is
defined in section 124 of title 23);
‘‘(ii) considers, as applicable, the risk management analysis in the
State’s asset management plan developed pursuant to section 119 of
title 23, and the State’s evaluation of reasonable alternatives to repeat-
edly damaged facilities conducted under part 667 of title 23, Code of
Federal Regulations;
‘‘(iii) identifies evacuation routes, assesses the ability of any such
routes to provide safe passage for evacuation and emergency response
during an emergency event, and identifies any improvements or redun-
dant facilities necessary to adequately facilitate safe passage;
‘‘(iv) describes the State’s adaptation and resilience improvement
strategies that will inform the transportation investment decisions of
the State; and
‘‘(v) is consistent with and complementary of the State and local miti-
gation plans required under section 322 of the Robert T. Stafford Dis-
aster Relief and Emergency Assistance Act (42 U.S.C. 5165).
‘‘(D) CONSULTATION.—The assessment described in this subparagraph
shall be developed in consultation with, as appropriate, State, local, and
Tribal officials responsible for land use, housing, resilience, hazard mitiga-
tion, and emergency management.’’.
(B) RESILIENCE PROJECTS.—Section 5304(g)(5)(B) of title 49, United States
Code, is amended by adding at the end the following:
‘‘(iii) RESILIENCE PROJECTS.—The STIP shall—
‘‘(I) identify projects that address the vulnerabilities identified by
the assessment in subsection (i)(10)(B); and
‘‘(II) describe how each project identified under subclause (I)
would improve the resilience of the transportation system.’’.
SEC. 1203. EMERGENCY RELIEF.
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(a) IN GENERAL.—Section 125 of title 23, United States Code, is amended—
(1) in subsection (a)(1) by inserting ‘‘wildfire,’’ after ‘‘severe storm,’’;
(2) by striking subsection (b);
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(3) in subsection (c)(2)(A) by striking ‘‘in any 1 fiscal year commencing after
September 30, 1980,’’ and inserting ‘‘in any fiscal year’’;
(4) in subsection (d)—
(A) in paragraph (3)(C) by striking ‘‘subsection (e)(1)’’ and inserting ‘‘sub-
section (g)’’;
(B) by redesignating paragraph (3) as paragraph (4); and
(C) by striking paragraphs (1) and (2) and inserting the following:
‘‘(1) IN GENERAL.—The Secretary may expend funds from the emergency fund
authorized by this section only for the repair or reconstruction of highways on
Federal-aid highways in accordance with this chapter.
‘‘(2) RESTRICTIONS.—
‘‘(A) IN GENERAL.—No funds shall be expended from the emergency fund
authorized by this section unless—
‘‘(i) an emergency has been declared by the Governor of the State
with concurrence by the Secretary, unless the President has declared
the emergency to be a major disaster for the purposes of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.) for which concurrence of the Secretary is not required; and
‘‘(ii) the Secretary has received an application from the State trans-
portation department that includes a comprehensive list of all eligible
project sites and repair costs by not later than 2 years after the natural
disaster or catastrophic failure.
‘‘(B) COST LIMITATION.—The total cost of a project funded under this sec-
tion may not exceed the cost of repair or reconstruction of a comparable fa-
cility unless the Secretary determines that the project incorporates eco-
nomically justified betterments, including protective features to increase
the resilience of the facility.
‘‘(3) SPECIAL RULE FOR BRIDGE PROJECTS.—In no case shall funds be used
under this section for the repair or reconstruction of a bridge—
‘‘(A) that has been permanently closed to all vehicular traffic by the State
or responsible local official because of imminent danger of collapse due to
a structural deficiency or physical deterioration; or
‘‘(B) if a construction phase of a replacement structure is included in the
approved statewide transportation improvement program at the time of an
event described in subsection (a).’’;
(5) in subsection (e)—
(A) by striking paragraph (1);
(B) in paragraph (2) by striking ‘‘subsection (d)(1)’’ and inserting ‘‘sub-
section (c)(1)’’; and
(C) by redesignating paragraphs (2) and (3), as amended, as paragraphs
(1) and (2), respectively;
(6) by redesignating subsections (c) through (g), as amended, as subsections
(b) through (f), respectively; and
(7) by adding at the end the following:
‘‘(g) IMPOSITION OF DEADLINE.—
‘‘(1) IN GENERAL.—Notwithstanding any other provision of law, the Secretary
may not require any project funded under this section to advance to the con-
struction obligation stage before the date that is the last day of the sixth fiscal
year after the later of—
‘‘(A) the date on which the Governor declared the emergency, as described
in subsection (d)(2)(A)(i); or
‘‘(B) the date on which the President declared the emergency to be a
major disaster, as described in such subsection.
‘‘(2) EXTENSION OF DEADLINE.—If the Secretary imposes a deadline for ad-
vancement to the construction obligation stage pursuant to paragraph (1), the
Secretary may, upon the request of the Governor of the State, issue an exten-
sion of not more than 1 year to complete such advancement, and may issue ad-
ditional extensions after the expiration of any extension, if the Secretary deter-
mines the Governor of the State has provided suitable justification to warrant
such an extension.
‘‘(h) PREDISASTER HAZARD MITIGATION PILOT PROGRAM.—
‘‘(1) IN GENERAL.—The Secretary shall establish a predisaster mitigation pro-
gram for the purpose of mitigating future hazards posed to Federal-aid high-
ways.
‘‘(2) DISTRIBUTION OF FUNDS.—Every 6 months, the Secretary shall total the
amount of funds made available to each State, territory, Tribal or other eligible
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entity under the emergency relief program under this section during the pre-
ceding 6 months and remit an additional 5 percent from the Highway Trust
Fund to such entities for eligible activities described in paragraph (3).
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‘‘(3) ELIGIBLE ACTIVITIES.—Funds made available under paragraph (2) shall be
used for mitigation projects and activities that the Secretary determines are
cost effective and which substantially reduce the risk of, or increase resilience
to, future damage as a result of natural disasters, including by flood, hurricane,
tidal wave, earthquake, severe storm, or landslide, by upgrading existing assets
to meet or exceed design standards adopted by the Federal Highway Adminis-
tration by—
‘‘(A) relocating or elevating roadways;
‘‘(B) increasing the size or number of drainage structures, including cul-
verts;
‘‘(C) installing mitigation measures to prevent the impairment of trans-
portation assets as a result of the intrusion of floodwaters;
‘‘(D) improving bridges to expand water capacity and prevent flooding;
‘‘(E) deepening channels to prevent asset inundation and improve drain-
age;
‘‘(F) improving strength of natural features adjacent to highway right-of-
way to promote additional flood storage;
‘‘(G) installing or upgrading tide gates and flood gates;
‘‘(H) stabilizing slide areas or slopes;
‘‘(I) installing seismic retrofits for bridges;
‘‘(J) adding scour protection at bridges;
‘‘(K) adding scour, stream stability, coastal, or other hydraulic counter-
measures, including riprap;
‘‘(L) installing intelligent transportation system equipment to monitor in-
frastructure quality; and
‘‘(M) any other protective features as determined by the Secretary.
‘‘(4) REPORT.—The Secretary shall submit to the Committee on Transpor-
tation and Infrastructure of the House of Representatives and the Committee
on Environment and Public Works of the Senate an annual report detailing—
‘‘(A) a description of the activities carried out under the pilot program;
‘‘(B) an evaluation of the effectiveness of the pilot program in meeting
purposes descried in paragraph (1);
‘‘(C) policy recommendations to improve the effectiveness of the pilot pro-
gram.
‘‘(i) IMPROVING THE EMERGENCY RELIEF PROGRAM.—Not later than 90 days after
the date of enactment of the INVEST in America Act, the Secretary shall—
‘‘(1) revise the emergency relief manual of the Federal Highway Administra-
tion—
‘‘(A) to include and reflect the definition of the term ‘resilience’ (as de-
fined in section 101(a));
‘‘(B) to identify procedures that States may use to incorporate resilience
into emergency relief projects; and
‘‘(C) to encourage the use of context sensitive design principles and con-
sideration of access for moderate- and low-income families impacted by a
declared disaster;
‘‘(2) develop best practices for improving the use of resilience in—
‘‘(A) the emergency relief program under section 125; and
‘‘(B) emergency relief efforts;
‘‘(3) provide to division offices of the Federal Highway Administration and
State departments of transportation information on the best practices developed
under paragraph (2); and
‘‘(4) develop and implement a process to track—
‘‘(A) the consideration of resilience as part of the emergency relief pro-
gram under section 125; and
‘‘(B) the costs of emergency relief projects.
‘‘(j) DEFINITIONS.—In this section:
‘‘(1) COMPARABLE FACILITY.—The term ‘comparable facility’ means a facility
that meets the current geometric and construction standards required for the
types and volume of traffic that the facility will carry over its design life.
‘‘(2) CONSTRUCTION PHASE.—The term ‘construction phase’ means the phase
of physical construction of a highway or bridge facility that is separate from any
other identified phases, such as planning, design, or right-of-way phases, in the
State transportation improvement program.
‘‘(3) OPEN TO PUBLIC TRAVEL.—The term ‘open to public travel’ means with
respect to a road, that, except during scheduled periods, extreme weather condi-
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tions, or emergencies, the road—
‘‘(A) is maintained;
‘‘(B) is open to the general public; and
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46
‘‘(C) can accommodate travel by a standard passenger vehicle, without re-
strictive gates or prohibitive signs or regulations, other than for general
traffic control or restrictions based on size, weight, or class of registration.
‘‘(4) STANDARD PASSENGER VEHICLE.—The term ‘standard passenger vehicle’
means a vehicle with 6 inches of clearance from the lowest point of the frame,
body, suspension, or differential to the ground.’’.
(b) SUNSET.—On the date that is 5 years after the date of enactment of this Act,
the authority provided under section 125(h) of title 23, United States Code, shall
terminate.
(c) CONFORMING AMENDMENTS.—
(1) FEDERAL LANDS AND TRIBAL TRANSPORTATION PROGRAMS.—Section
201(c)(8)(A) of title 23, United States Code, is amended by striking ‘‘section
125(e)’’ and inserting ‘‘section 125(g)’’.
(2) TRIBAL TRANSPORTATION PROGRAM.—Section 202(b)(6)(A) of title 23, United
States Code, is amended by striking ‘‘section 125(e)’’ and inserting ‘‘section
125(d)’’.
(d) REPEAL.—Section 668.105(h) of title 23, Code of Federal Regulations, is re-
pealed.
SEC. 1204. RAILWAY CROSSINGS.
(a) IN GENERAL.—Section 130 of title 23, United States Code, is amended—
(1) in the section heading by striking ‘‘Railway-highway crossings’’ and in-
serting ‘‘Railway crossings’’;
(2) in subsection (a)—
(A) by striking ‘‘Subject to section 120 and subsection (b) of this section,
the entire’’ and inserting ‘‘IN GENERAL.—The’’;
(B) by striking ‘‘then the entire’’ and inserting ‘‘the’’; and
(C) by striking ‘‘, subject to section 120 and subsection (b) of this sec-
tion,’’;
(3) by amending subsection (b) to read as follows:
‘‘(b) CLASSIFICATION.—
‘‘(1) IN GENERAL.—The construction of projects for the elimination of hazards
at railway crossings represents a benefit to the railroad. The Secretary shall
classify the various types of projects involved in the elimination of hazards of
railway-highway crossings, and shall set for each such classification a percent-
age of the total project cost that represent the benefit to the railroad or rail-
roads for the purpose of determining the railroad’s share of the total project
cost. The Secretary shall determine the appropriate classification of each
project.
‘‘(2) NONCASH CONTRIBUTIONS.—
‘‘(A) IN GENERAL.—Not more than 5 percent of the cost share described
in paragraph (1) may be attributable to noncash contributions of materials
and labor furnished by the railroad in connection with the construction of
such project.
‘‘(B) REQUIREMENT.—The requirements under section 200.306 and
200.403(g) of title 2, Code of Federal Regulations (or successor regulations),
shall apply to any noncash contributions under this subsection.
‘‘(3) TOTAL PROJECT COST.—For the purposes of this subsection, the deter-
mination of the railroad’s share of the total project cost shall include environ-
ment, design, right-of-way, utility accommodation, and construction phases of
the project.’’;
(4) in subsection (c)—
(A) by striking ‘‘Any railroad involved’’ and inserting ‘‘BENEFIT.—Any
railroad involved’’;
(B) by striking ‘‘the net benefit’’ and inserting ‘‘the cost associated with
the benefit’’; and
(C) by striking ‘‘Such payment may consist in whole or in part of mate-
rials and labor furnished by the railroad in connection with the construction
of such project.’’;
(5) by striking subsection (e) and inserting the following:
‘‘(e) RAILWAY CROSSINGS.—
‘‘(1) ELIGIBLE ACTIVITIES.—Funds apportioned to a State under section
104(b)(7) may be obligated for the following:
‘‘(A) The elimination of hazards at railway-highway crossings, including
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technology or protective upgrades.
‘‘(B) Construction (including installation and replacement) of protective
devices at railway-highway crossings.
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47
‘‘(C) Infrastructure and noninfrastructure projects and strategies to pre-
vent or reduce suicide or trespasser fatalities and injuries along railroad
rights-of-way and at or near railway-highway crossings.
‘‘(D) Projects to mitigate any degradation in the level of access from a
highway-grade crossing closure.
‘‘(E) Bicycle and pedestrian railway grade crossing improvements, includ-
ing underpasses and overpasses.
‘‘(F) Projects eligible under section 22907(c)(5) of title 49, provided that
amounts obligated under this subparagraph—
‘‘(i) shall be administered by the Secretary in accordance with such
section as if such amounts were made available to carry out such sec-
tion; and
‘‘(ii) may be used to pay up to 90 percent of the non-Federal share
of the cost of a project carried out under such section.
‘‘(2) SPECIAL RULE.—If a State demonstrates to the satisfaction of the Sec-
retary that the State has met all its needs for installation of protective devices
at railway-highway crossings, the State may use funds made available by this
section for other highway safety improvement program purposes.’’;
(6) by striking subsection (f) and inserting the following:
‘‘(f) FEDERAL SHARE.—Notwithstanding section 120, the Federal share payable on
account of any project financed with funds made available to carry out subsection
(e) shall be up to 90 percent of the cost thereof.’’;
(7) by striking subsection (g) and inserting the following:
‘‘(g) REPORT.—
‘‘(1) STATE REPORT.—
‘‘(A) IN GENERAL.—Not later than 2 years after the date of enactment of
the INVEST in America Act, and at least biennially thereafter, each State
shall submit to the Secretary a report on the progress being made to imple-
ment the railway crossings program authorized by this section and the ef-
fectiveness of such improvements.
‘‘(B) CONTENTS.—Each State report under subparagraph (A) shall contain
an assessment of the costs of the various treatments employed and subse-
quent accident experience at improved locations.
‘‘(2) DEPARTMENTAL REPORT.—
‘‘(A) IN GENERAL.—Not later than 180 days after the deadline for the sub-
mission of a report under paragraph (1)(A), the Secretary shall publish on
the website of the Department of Transportation a report on the progress
being made by the State in implementing projects to improve railway-high-
way crossings.
‘‘(B) CONTENTS.—The report under subparagraph (A) shall include—
‘‘(i) the number of projects undertaken;
‘‘(ii) distribution of such projects by cost range, road system, nature
of treatment, and subsequent accident experience at improved loca-
tions;
‘‘(iii) an analysis and evaluation of each State program;
‘‘(iv) the identification of any State found not to be in compliance
with the schedule of improvements required by subsection (d); and
‘‘(v) recommendations for future implementation of the railway cross-
ings program.’’;
(8) in subsection (j)—
(A) in the heading by inserting ‘‘AND PEDESTRIAN’’ after ‘‘BICYCLE’’; and
(B) by inserting ‘‘and pedestrian’’ after ‘‘bicycle’’; and
(9) in subsection (l)—
(A) in paragraph (1) by striking ‘‘Not later than’’ and all that follows
through ‘‘each State’’ and inserting ‘‘Not later than 6 months after a new
railway crossing becomes operational, each State’’; and
(B) in paragraph (2) by striking ‘‘On a periodic’’ and all that follows
through ‘‘every year thereafter’’ and inserting ‘‘On or before September 30
of each year’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 1 of title 23, United States
Code, is amended by amending the item relating to section 130 to read as follows:
‘‘130. Railway crossings.’’.
(c) GAO STUDY.—Not later than 2 years after the date of enactment of this Act,
the Comptroller General of the United States shall submit to Congress a report that
includes an analysis of the effectiveness of the railway crossing program under sec-
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tion 130 of title 23, United States Code.
(d) SENSE OF CONGRESS RELATING TO TRESPASSER DEATHS ALONG RAILROAD
RIGHTS-OF-WAY.—It is the sense of Congress that the Department of Transportation
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48
should, where feasible, coordinate departmental efforts to prevent or reduce tres-
passer deaths along railroad rights-of-way and at or near railway-highway cross-
ings.
SEC. 1205. SURFACE TRANSPORTATION PROGRAM.
(a) IN GENERAL.—Section 133 of title 23, United States Code, is amended—
(1) in the heading by striking ‘‘block grant’’;
(2) in subsection (a) by striking ‘‘block grant’’;
(3) in subsection (b)—
(A) by striking ‘‘block grant’’;
(B) in paragraph (4) by striking ‘‘railway-highway grade crossings’’ and
inserting ‘‘projects eligible under section 130 and installation of safety bar-
riers and nets on bridges’’;
(C) in paragraph (6)—
(i) by striking ‘‘Recreational’’ and inserting ‘‘Transportation alter-
natives projects eligible under subsection (h), recreational’’; and
(ii) by striking ‘‘1404 of SAFETEA–LU (23 U.S.C. 402 note)’’ and in-
serting ‘‘211’’; and
(D) by adding at the end the following:
‘‘(16) Protective features (including natural infrastructure and vegetation con-
trol and clearance) to enhance the resilience of a transportation facility other-
wise eligible for assistance under this section.
‘‘(17) Projects to reduce greenhouse gas emissions eligible under section 171,
including the installation of electric vehicle charging infrastructure.
‘‘(18) Projects and strategies to reduce vehicle-caused wildlife mortality re-
lated to, or to restore and maintain connectivity among terrestrial or aquatic
habitats affected by, a transportation facility otherwise eligible for assistance
under this section.
‘‘(19) A surface transportation project carried out in accordance with the na-
tional travel and tourism infrastructure strategic plan under section 1431(e) of
the FAST Act (49 U.S.C. 301 note).’’;
(4) in subsection (c)—
(A) by striking ‘‘block grant’’ and inserting ‘‘program’’;
(B) by striking paragraph (3) and inserting the following:
‘‘(3) for a project described in—
‘‘(A) subsection (h); or
‘‘(B) section 101(a)(29), as in effect on the day before the date of enact-
ment of the FAST Act;’’;
(C) by redesignating paragraph (4) as paragraph (5); and
(D) by inserting after paragraph (3) the following:
‘‘(4) for a project described in section 5308 of title 49; and’’;
(5) in subsection (d)—
(A) in paragraph (1)—
(i) by inserting ‘‘each fiscal year’’ after ‘‘apportioned to a State’’;
(ii) by striking ‘‘the reservation of’’ and inserting ‘‘setting aside’’; and
(iii) in subparagraph (A)—
(I) by striking ‘‘the percentage specified in paragraph (6) for a fis-
cal year’’ and inserting ‘‘57 percent for fiscal year 2022, 58 percent
for fiscal year 2023, 59 percent for fiscal year 2024, and 60 percent
for fiscal year 2025’’;
(II) in clause (i) by striking ‘‘of over’’ and inserting ‘‘greater
than’’; and
(III) by striking clauses (ii) and (iii) and inserting the following:
‘‘(ii) in urbanized areas of the State with an urbanized area popu-
lation greater than 49,999 and less than 200,001;
‘‘(iii) in urban areas of the State with a population greater than 4,999
and less than 50,000; and
‘‘(iv) in other areas of the State with a population less than 5,000;
and’’;
(B) by striking paragraph (3) and inserting the following:
‘‘(3) LOCAL COORDINATION AND CONSULTATION.—
‘‘(A) COORDINATION WITH METROPOLITAN PLANNING ORGANIZATIONS.—For
purposes of paragraph (1)(A)(ii), a State shall—
‘‘(i) establish a process to coordinate with all metropolitan planning
organizations in the State that represent an urbanized area described
in such paragraph; and
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‘‘(ii) describe how funds described under paragraph (1)(A)(ii) will be
allocated equitably among such urbanized areas during the period of
fiscal years 2022 through 2025.
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49
‘‘(B) JOINT RESPONSIBILITY.—Each State and the Secretary shall jointly
ensure compliance with subparagraph (A).
‘‘(C) CONSULTATION WITH REGIONAL TRANSPORTATION PLANNING ORGANIZA-
TIONS.—For purposes of clauses (iii) and (iv) of paragraph (1)(A), before ob-
ligating funding attributed to an area with a population less than 50,000,
a State shall consult with the regional transportation planning organiza-
tions that represent the area, if any.’’;
(C) in the heading for paragraph (4) by striking ‘‘OVER 200,000’’ and insert-
ing ‘‘GREATER THAN 200,000’’;
(D) by striking paragraph (6) and inserting the following:
‘‘(6) TECHNICAL ASSISTANCE.—
‘‘(A) IN GENERAL.—The State and all metropolitan planning organizations
in the State that represent an urbanized area with a population of greater
than 200,000 shall jointly establish a program to improve the ability of ap-
plicants to deliver projects under this subsection in an efficient and expedi-
tious manner and reduce the period of time between the selection of the
project and the obligation of funds for the project by providing—
‘‘(i) technical assistance and training to applicants for projects under
this subsection; and
‘‘(ii) funding for 1 or more full-time State employee positions to ad-
minister this subsection.
‘‘(B) ELIGIBLE FUNDS.—To carry out this paragraph—
‘‘(i) a State shall set aside an amount equal to 1 percent of the funds
available under paragraph (1)(A)(i); and
‘‘(ii) at the request of an eligible metropolitan planning organization,
the State and metropolitan planning organization may jointly agree to
use additional funds available under paragraph (1)(A)(i).
‘‘(C) USE OF FUNDS.—Amounts used under this paragraph may be ex-
pended—
‘‘(i) directly by the State; or
‘‘(ii) through contracts with State agencies, private entities, or non-
profit organizations.’’;
(6) in subsection (e)(1)—
(A) by striking ‘‘over 200,000’’ and inserting ‘‘greater than 200,000’’; and
(B) by striking ‘‘2016 through 2020’’ and inserting ‘‘2022 through 2025’’;
(7) by striking subsection (f) and inserting the following:
‘‘(f) BRIDGES NOT ON FEDERAL-AID HIGHWAYS.—
‘‘(1) DEFINITION OF OFF-SYSTEM BRIDGE.—In this subsection, the term ‘off-sys-
tem bridge’ means a bridge located on a public road, other than a bridge on a
Federal-aid highway.
‘‘(2) SPECIAL RULE.—
‘‘(A) SET ASIDE.—Of the amounts apportioned to a State for each fiscal
year under this section other than the amounts described in subparagraph
(C), the State shall obligate for activities described in subsection (b)(2) (as
in effect on the day before the date of enactment of the FAST Act) for off-
system bridges an amount that is not less than 20 percent of the amounts
available to such State under this section in fiscal year 2020, not including
the amounts described in subparagraph (C).
‘‘(B) REDUCTION OF EXPENDITURES.—The Secretary, after consultation
with State and local officials, may reduce the requirement for expenditures
for off-system bridges under subparagraph (A) with respect to the State if
the Secretary determines that the State has inadequate needs to justify the
expenditure.
‘‘(C) LIMITATIONS.—The following amounts shall not be used for the pur-
poses of meeting the requirements of subparagraph (A):
‘‘(i) Amounts described in section 133(d)(1)(A).
‘‘(ii) Amounts set aside under section 133(h).
‘‘(iii) Amounts described in section 505(a).
‘‘(3) CREDIT FOR BRIDGES NOT ON FEDERAL-AID HIGHWAYS.—Notwithstanding
any other provision of law, with respect to any project not on a Federal-aid
highway for the replacement of a bridge or rehabilitation of a bridge that is
wholly funded from State and local sources, is eligible for Federal funds under
this section, is certified by the State to have been carried out in accordance with
all standards applicable to such projects under this section, and is determined
by the Secretary upon completion to be no longer a deficient bridge—
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‘‘(A) any amount expended after the date of enactment of this subsection
from State and local sources for the project in excess of 20 percent of the
cost of construction of the project may be credited to the non-Federal share
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of the cost of other bridge projects in the State that are eligible for Federal
funds under this section; and
‘‘(B) that crediting shall be conducted in accordance with procedures es-
tablished by the Secretary.’’; and
(8) in subsection (g)(1)—
(A) by striking ‘‘subsection (d)(1)(A)(ii) for each of fiscal years 2016
through 2020’’ and inserting ‘‘subsection (d)(1)(A)(iv) for each fiscal year’’;
(B) by inserting ‘‘rural’’ after ‘‘functionally classified as’’; and
(C) by inserting ‘‘or local roads, or on critical rural freight corridors des-
ignated under section 167(e)’’ after ‘‘minor collectors’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 1 of title 23, United States
Code, is amended by striking the item relating to section 133 and inserting the fol-
lowing:
‘‘133. Surface transportation program.’’.
(c) CONFORMING AMENDMENTS.—
(1) ADVANCE ACQUISITION OF REAL PROPERTY.—Section 108(c) of title 23,
United States Code, is amended—
(A) in paragraph (2)(A) by striking ‘‘block grant’’; and
(B) in paragraph (3) by striking ‘‘block grant’’.
(2) NONDISCRIMINATION.—Section 140(b) of title 23, United States Code, is
amended by striking ‘‘block grant’’.
(3) PUBLIC TRANSPORTATION.—Section 142(e)(2) of title 23, United States
Code, is amended by striking ‘‘block grant’’.
(4) HIGHWAY USE TAX EVASION PROJECTS.—Section 143(b)(8) of title 23, United
States Code, is amended in the heading by striking ‘‘BLOCK GRANT’’.
(5) CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM.—Sec-
tion 149(d) of title 23, United States Code, is amended—
(A) in paragraph (1)(B) by striking ‘‘block grant’’; and
(B) in paragraph (2)(A) by striking ‘‘block grant’’.
(6) TERRITORIAL AND PUERTO RICO HIGHWAY PROGRAM.—Section 165 of title
23, United States Code, is amended—
(A) in subsection (b)(2)(A)(ii) by striking ‘‘block grant’’ each time such
term appears; and
(B) in subsection (c)(6)(A)(i) by striking ‘‘block grant’’.
(7) MAGNETIC LEVITATION TRANSPORTATION TECHNOLOGY DEPLOYMENT PRO-
GRAM.—Section 322(h)(3) of title 23, United States Code, is amended by striking
‘‘block grant’’.
(8) TRAINING AND EDUCATION.—Section 504(a)(4) of title 23, United States
Code, is amended by striking ‘‘block grant’’.
SEC. 1206. TRANSPORTATION ALTERNATIVES PROGRAM.
Section 133(h) of title 23, United States Code, is amended to read as follows:
‘‘(h) TRANSPORTATION ALTERNATIVES PROGRAM SET-ASIDE.—
‘‘(1) SET ASIDE.—For each fiscal year, of the total funds apportioned to all
States under section 104(b)(2) for a fiscal year, the Secretary shall set aside an
amount such that—
‘‘(A) the Secretary sets aside a total amount under this subsection for a
fiscal year equal to 10 percent of such total funds; and
‘‘(B) the State’s share of the amount set aside under subparagraph (A) is
determined by multiplying the amount set aside under subparagraph (A) by
the ratio that—
‘‘(i) the amount apportioned to the State for the transportation en-
hancement program for fiscal year 2009 under section 133(d)(2), as in
effect on the day before the date of enactment of MAP–21; bears to
‘‘(ii) the total amount of funds apportioned to all States for the trans-
portation enhancements program for fiscal year 2009.
‘‘(2) ALLOCATION WITHIN A STATE.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph (B), funds set
aside for a State under paragraph (1) shall be obligated within that State
in the manner described in subsections (d) and (e), except that, for purposes
of this paragraph (after funds are made available under paragraph (5))—
‘‘(i) for each fiscal year, the percentage referred to in paragraph (1)(A)
of subsection (d) shall be deemed to be 66 percent; and
‘‘(ii) paragraph (3) of subsection (d) shall not apply.
‘‘(B) LOCAL CONTROL.—
‘‘(i) IN GENERAL.—A State may make available up to 100 percent of
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the funds set aside under paragraph (1) to the entities described in sub-
clause (I) if the State submits to the Secretary, and the Secretary ap-
proves, a plan that describes—
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51
‘‘(I) how such funds shall be made available to metropolitan plan-
ning organizations, regional transportation planning organizations,
counties, or other regional transportation authorities;
‘‘(II) how the entities described in subclause (I) shall select
projects for funding and how such entities shall report selected
projects to the State;
‘‘(III) the legal, financial, and technical capacity of such entities;
and
‘‘(IV) the procedures in place to ensure such entities comply with
the requirements of this title.
‘‘(ii) REQUIREMENT.—A State that makes funding available under a
plan approved under this subparagraph shall make available an equiv-
alent amount of obligation authority to an entity described in clause
(i)(I) to whom funds are made available under this subparagraph.
‘‘(3) ELIGIBLE PROJECTS.—Funds set aside under this subsection may be obli-
gated for any of the following projects or activities:
‘‘(A) Construction, planning, and design of on-road and off-road trail fa-
cilities for pedestrians, bicyclists, and other nonmotorized forms of transpor-
tation, including sidewalks, bicycle infrastructure, pedestrian and bicycle
signals, traffic calming techniques, lighting and other safety-related infra-
structure, and transportation projects to achieve compliance with the Amer-
icans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).
‘‘(B) Construction, planning, and design of infrastructure-related projects
and systems that will provide safe routes for nondrivers, including children,
older adults, and individuals with disabilities to access daily needs.
‘‘(C) Conversion and use of abandoned railroad corridors for trails for pe-
destrians, bicyclists, or other nonmotorized transportation users.
‘‘(D) Construction of turnouts, overlooks, and viewing areas.
‘‘(E) Community improvement activities, including—
‘‘(i) inventory, control, or removal of outdoor advertising;
‘‘(ii) historic preservation and rehabilitation of historic transportation
facilities;
‘‘(iii) vegetation management practices in transportation rights-of-
way to improve roadway safety, prevent against invasive species, facili-
tate wildfire control, and provide erosion control; and
‘‘(iv) archaeological activities relating to impacts from implementation
of a transportation project eligible under this title.
‘‘(F) Any environmental mitigation activity, including pollution prevention
and pollution abatement activities and mitigation to address stormwater
management, control, and water pollution prevention or abatement related
to highway construction or due to highway runoff, including activities de-
scribed in sections 328(a) and 329.
‘‘(G) Projects and strategies to reduce vehicle-caused wildlife mortality re-
lated to, or to restore and maintain connectivity among terrestrial or aquat-
ic habitats affected by, a transportation facility otherwise eligible for assist-
ance under this subsection.
‘‘(H) The recreational trails program under section 206.
‘‘(I) The safe routes to school program under section 211.
‘‘(J) Activities in furtherance of a vulnerable road user assessment de-
scribed in section 148.
‘‘(K) Any other projects or activities described in section 101(a)(29) or sec-
tion 213, as such sections were in effect on the day before the date of enact-
ment of the FAST Act (Public Law 114–94).
‘‘(4) ACCESS TO FUNDS.—
‘‘(A) IN GENERAL.—A State, metropolitan planning organization required
to obligate funds in accordance with paragraph (2)(A), or an entity required
to obligate funds in accordance with paragraph (2)(B) shall develop a com-
petitive process to allow eligible entities to submit projects for funding that
achieve the objectives of this subsection. A metropolitan planning organiza-
tion for an area described in subsection (d)(1)(A)(i) shall select projects
under such process in consultation with the relevant State.
‘‘(B) ELIGIBLE ENTITY DEFINED.—In this paragraph, the term ‘eligible enti-
ty’ means—
‘‘(i) a local government, including a county or multi-county special
district;
‘‘(ii) a regional transportation authority;
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‘‘(iii) a transit agency;
‘‘(iv) a natural resource or public land agency;
‘‘(v) a school district, local education agency, or school;
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52
‘‘(vi) a tribal government;
‘‘(vii) a metropolitan planning organization that serves an urbanized
area with a population of 200,000 or fewer;
‘‘(viii) a nonprofit organization carrying out activities related to trans-
portation;
‘‘(ix) any other local or regional governmental entity with responsi-
bility for or oversight of transportation or recreational trails (other than
a metropolitan planning organization that serves an urbanized area
with a population of over 200,000 or a State agency) that the State de-
termines to be eligible, consistent with the goals of this subsection; and
‘‘(x) a State, at the request of any entity listed in clauses (i) through
(ix).
‘‘(5) CONTINUATION OF CERTAIN RECREATIONAL TRAILS PROJECTS.—
‘‘(A) IN GENERAL.—For each fiscal year, a State shall—
‘‘(i) obligate an amount of funds set aside under this subsection equal
to 175 percent of the amount of the funds apportioned to the State for
fiscal year 2009 under section 104(h)(2), as in effect on the day before
the date of enactment of MAP–21, for projects relating to recreational
trails under section 206;
‘‘(ii) return 1 percent of the funds described in clause (i) to the Sec-
retary for the administration of such program; and
‘‘(iii) comply with the provisions of the administration of the rec-
reational trails program under section 206, including the use of appor-
tioned funds described in subsection (d)(3)(A) of such section.
‘‘(B) STATE FLEXIBILITY.—A State may opt out of the recreational trails
program under this paragraph if the Governor of the State notifies the Sec-
retary not later than 30 days prior to the date on which an apportionment
is made under section 104 for any fiscal year.
‘‘(6) IMPROVING ACCESSIBILITY AND EFFICIENCY.—
‘‘(A) IN GENERAL.—A State may use an amount equal to not more than
5 percent of the funds set aside for the State under this subsection, after
allocating funds in accordance with paragraph (2)(A), to improve the ability
of applicants to access funding for projects under this subsection in an effi-
cient and expeditious manner by providing—
‘‘(i) to applicants for projects under this subsection application assist-
ance, technical assistance, and assistance in reducing the period of time
between the selection of the project and the obligation of funds for the
project; and
‘‘(ii) funding for 1 or more full-time State employee positions to ad-
minister this subsection.
‘‘(B) USE OF FUNDS.—Amounts used under subparagraph (A) may be ex-
pended—
‘‘(i) directly by the State; or
‘‘(ii) through contracts with State agencies, private entities, or non-
profit entities.
‘‘(7) FEDERAL SHARE.—
‘‘(A) FLEXIBLE MATCH.—
‘‘(i) IN GENERAL.—Notwithstanding section 120—
‘‘(I) the non-Federal share for a project under this subsection
may be calculated on a project, multiple-project, or program basis;
and
‘‘(II) the Federal share of the cost of an individual project in this
subsection may be up to 100 percent.
‘‘(ii) AGGREGATE NON-FEDERAL SHARE.—The average annual non-Fed-
eral share of the total cost of all projects for which funds are obligated
under this subsection in a State for a fiscal year shall be not less than
the non-Federal share authorized for the State under section 120(b).
‘‘(iii) REQUIREMENT.—This subparagraph shall only apply to a State
if such State has adequate financial controls, as certified by the Sec-
retary, to account for the average annual non-Federal share under this
subparagraph.
‘‘(B) SAFETY PROJECTS.—Notwithstanding section 120, funds made avail-
able to carry out section 148 may be credited toward the non-Federal share
of the costs of a project under this subsection if the project—
‘‘(i) is a project described in section 148(e)(1); and
‘‘(ii) is consistent with the State strategic highway safety plan (as de-
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fined in section 148(a)).
‘‘(8) FLEXIBILITY.—
‘‘(A) STATE AUTHORITY.—
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53
‘‘(i) IN GENERAL.—A State may use not more than 50 percent of the
funds set aside under this subsection that are available for obligation
in any area of the State (suballocated consistent with the requirements
of subsection (d)(1)(B)) for any purpose eligible under subsection (b).
‘‘(ii) RESTRICTION.—Funds may be used as described in clause (i) only
if the State demonstrates to the Secretary—
‘‘(I) that the State held a competition in compliance with the re-
quirements of this subsection in such form as the Secretary deter-
mines appropriate;
‘‘(II) that the State offered technical assistance to all eligible en-
tities and provided such assistance upon request by an eligible en-
tity; and
‘‘(III) that there were not sufficient suitable applications from eli-
gible entities to use the funds described in clause (i).
‘‘(B) MPO AUTHORITY.—
‘‘(i) IN GENERAL.—A metropolitan planning organization that rep-
resents an urbanized area with a population of greater than 200,000
may use not more than 50 percent of the funds set aside under this
subsection for an urbanized area described in subsection (d)(1)(A)(i) for
any purpose eligible under subsection (b).
‘‘(ii) RESTRICTION.—Funds may be used as described in clause (i) only
if the Secretary certifies that the metropolitan planning organization—
‘‘(I) held a competition in compliance with the requirements of
this subsection in such form as the Secretary determines appro-
priate; and
‘‘(II) demonstrates that there were not sufficient suitable applica-
tions from eligible entities to use the funds described in clause (i).
‘‘(9) ANNUAL REPORTS.—
‘‘(A) IN GENERAL.—Each State or metropolitan planning organization re-
sponsible for carrying out the requirements of this subsection shall submit
to the Secretary an annual report that describes—
‘‘(i) the number of project applications received for each fiscal year,
including—
‘‘(I) the aggregate cost of the projects for which applications are
received; and
‘‘(II) the types of projects to be carried out, expressed as percent-
ages of the total apportionment of the State under this subsection;
and
‘‘(ii) the list of each project selected for funding for each fiscal year,
including specifying the fiscal year for which the project was selected,
the fiscal year in which the project is anticipated to be funded, the re-
cipient, the location, the type, and a brief description.
‘‘(B) PUBLIC AVAILABILITY.—The Secretary shall make available to the
public, in a user-friendly format on the website of the Department of Trans-
portation, a copy of each annual report submitted under subparagraph
(A).’’.
SEC. 1207. BRIDGE INVESTMENT.
(a) IN GENERAL.—Section 144 of title 23, United States Code, is amended—
(1) in the section heading by striking ‘‘National bridge and tunnel inven-
tory and inspection standards’’ and inserting ‘‘Bridges and tunnels’’;
(2) in subsection (a)(1)(B) by striking ‘‘deficient’’;
(3) in subsection (b)(5) by striking ‘‘structurally deficient bridge’’ and inserting
‘‘bridge classified as in poor condition’’;
(4) in subsection (d)—
(A) in paragraph (2) by striking ‘‘Not later than 2 years after the date
of enactment of the MAP–21, each’’ and inserting ‘‘Each’’; and
(B) by striking paragraph (4);
(5) in subsection (j)—
(A) in paragraph (2) by inserting ‘‘, 124,’’ after ‘‘section 119’’;
(B) in paragraph (3)(A) by inserting ‘‘, 124,’’ after ‘‘section 119’’; and
(C) in paragraph (5) by striking ‘‘financial characteristics’’ and all that
follows through the end and inserting ‘‘Federal share.’’; and
(6) by adding at the end the following:
‘‘(l) HIGHWAY BRIDGE REPLACEMENT AND REHABILITATION.—
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‘‘(1) GOALS.—The goals of this subsection shall be to—
‘‘(A) support the achievement of a state of good repair for the Nation’s
bridges;
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54
‘‘(B) improve the safety, efficiency, and reliability of the movement of peo-
ple and freight over bridges; and
‘‘(C) improve the condition of bridges in the United States by reducing—
‘‘(i) the number of bridges—
‘‘(I) in poor condition; or
‘‘(II) in fair condition and at risk of falling into poor condition;
‘‘(ii) the total person miles traveled over bridges—
‘‘(I) in poor condition; or
‘‘(II) in fair condition and at risk of falling into poor condition;
‘‘(iii) the number of bridges that—
‘‘(I) do not meet current geometric design standards; or
‘‘(II) cannot meet the load and traffic requirements typical of the
regional transportation network; and
‘‘(iv) the total person miles traveled over bridges that—
‘‘(I) do not meet current geometric design standards; or
‘‘(II) cannot meet the load and traffic requirements typical of the
regional transportation network.
‘‘(2) BRIDGES ON PUBLIC ROADS.—
‘‘(A) MINIMUM BRIDGE INVESTMENT.—Excluding the amounts described in
subparagraph (C), of the total funds apportioned to a State under para-
graphs (1) and (2) of section 104(b) for fiscal years 2022 to 2025, a State
shall obligate not less than 20 percent for projects described in subpara-
graph (E).
‘‘(B) PROGRAM FLEXIBILITY.—A State required to obligate funds under
subparagraph (A) may use any combination of funds apportioned to a State
under paragraphs (1) and (2) of section 104(b).
‘‘(C) LIMITATION.—Amounts described below may not be used for the pur-
poses of calculating or meeting the minimum bridge investment require-
ment under subparagraph (A)—
‘‘(i) amounts described in section 133(d)(1)(A);
‘‘(ii) amounts set aside under section 133(h); and
‘‘(iii) amounts described in section 505(a).
‘‘(D) RULE OF CONSTRUCTION.—Nothing in this section shall be construed
to prohibit the expenditure of funds described in subparagraph (C) for
bridge projects eligible under such section.
‘‘(E) ELIGIBLE PROJECTS.—Funds required to be obligated in accordance
with paragraph (2)(A) may be obligated for projects or activities that—
‘‘(i) are otherwise eligible under either section 119 or section 133, as
applicable;
‘‘(ii) support the achievement of performance targets of the State es-
tablished under section 150 or provide support for the condition and
performance of bridges on public roads within the State; and
‘‘(iii) remove a bridge classified as in poor condition in order to im-
prove community connectivity, or replace, reconstruct, rehabilitate, pre-
serve, or protect a bridge included on the national bridge inventory au-
thorized by subsection (b), including through—
‘‘(I) seismic retrofits;
‘‘(II) systematic preventive maintenance;
‘‘(III) installation of scour countermeasures;
‘‘(IV) the use of innovative materials that extend the service life
of the bridge and reduce preservation costs, as compared to conven-
tionally designed and constructed bridges;
‘‘(V) the use of nontraditional production techniques, including
factory prefabrication;
‘‘(VI) painting for purposes of bridge protection;
‘‘(VII) application of calcium magnesium acetate, sodium acetate/
formate, or other environmentally acceptable, minimally corrosive
anti-icing and deicing compositions;
‘‘(VIII) corrosion control;
‘‘(IX) construction of protective features (including natural infra-
structure) alone or in combination with other activities eligible
under this paragraph to enhance resilience of a bridge;
‘‘(X) bridge security countermeasures;
‘‘(XI) impact protection measures for bridges;
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‘‘(XII) inspection and evaluation of bridges; and
‘‘(XIII) training for bridge inspectors consistent with subsection
(i).
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55
‘‘(F) BUNDLES OF PROJECTS.—A State may use a bundle of projects as de-
scribed in subsection (j) to satisfy the requirements of subparagraph (A), if
each project in the bundle is otherwise eligible under subparagraph (E).
‘‘(G) FLEXIBILITY.—The Secretary may, at the request of a State, reduce
the required obligation under subparagraph (A) if—
‘‘(i) the reduction is consistent with a State’s asset management plan
for the National Highway System;
‘‘(ii) the reduction will not limit a State’s ability to meet its perform-
ance targets under section 150 or to improve the condition and perform-
ance of bridges on public roads within the State; and
‘‘(iii) the State demonstrates that it has inadequate needs to justify
the expenditure.
‘‘(H) BRIDGE INVESTMENT REPORT.—The Secretary shall annually publish
on the website of the Department of Transportation a bridge investment re-
port that includes—
‘‘(i) the total Federal funding obligated for bridge projects in the most
recent fiscal year, on a State-by-State basis and broken out by Federal
program;
‘‘(ii) the total Federal funding obligated, on a State-by-State basis
and broken out by Federal program, for bridge projects carried out pur-
suant to the minimum bridge investment requirements under subpara-
graph (A);
‘‘(iii) the progress made by each State toward meeting the minimum
bridge investment requirement under subparagraph (A) for such State,
both cumulatively and for the most recent fiscal year;
‘‘(iv) a summary of—
‘‘(I) each request made under subparagraph (G) by a State for a
reduction in the minimum bridge investment requirement under
subparagraph (A); and
‘‘(II) for each request described in subclause (I) that is granted
by the Secretary—
‘‘(aa) the percentage and dollar amount of the reduction; and
‘‘(bb) an explanation of how the State met each of the criteria
described in subparagraph (G); and
‘‘(v) a summary of—
‘‘(I) each request made by a State for a reduction in the obliga-
tion requirements under section 133(f); and
‘‘(II) for each request that is granted by the Secretary—
‘‘(aa) the percentage and dollar amount of the reduction; and
‘‘(bb) an explanation of how the Secretary made the deter-
mination under section 133(f)(2)(B).
‘‘(I) OFF-SYSTEM BRIDGES.—A State may apply amounts obligated under
this subsection or section 133(f)(2)(A) to the obligation requirements of both
this subsection and section 133(f).
‘‘(J) NHS PENALTY.—A State may apply amounts obligated under this
subsection or section 119(f)(2) to the obligation requirements of both this
subsection and section 119(f)(2).
‘‘(K) COMPLIANCE.—If a State fails to satisfy the requirements of subpara-
graph (A) by the end of fiscal year 2025, the Secretary may subject the
State to appropriate program sanctions under section 1.36 of title 23, Code
of Federal Regulations (or successor regulations).’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 1 of title 23, United States
Code, is amended by striking the item relating to section 144 and inserting the fol-
lowing:
‘‘144. Bridges and tunnels.’’.
SEC. 1208. CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL FACILITIES.
Section 147 of title 23, United States Code, is amended—
(1) by striking subsection (h); and
(2) by redesignating subsections (i) and (j) as subsections (h) and (i), respec-
tively.
SEC. 1209. HIGHWAY SAFETY IMPROVEMENT PROGRAM.
(a) IN GENERAL.—Section 148 of title 23, United States Code, is amended—
(1) in subsection (a)—
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(A) in paragraph (4)(B)—
(i) by striking ‘‘only includes a project’’ and inserting ‘‘includes a
project’’;
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(ii) in clause (xiii) by inserting ‘‘, including the development of a vul-
nerable road user safety assessment or a vision zero plan under section
1601 of the INVEST in America Act’’ after ‘‘safety planning’’;
(iii) by amending clause (xviii) to read as follows:
‘‘(xviii) Safe routes to school infrastructure-related projects eligible
under section 211.’’;
(iv) in clause (xxvi) by inserting ‘‘or leading pedestrian intervals’’
after ‘‘hybrid beacons’’; and
(v) by striking clause (xxviii) and inserting the following:
‘‘(xxviii) A pedestrian security feature designed to slow or stop a
motor vehicle.
‘‘(xxix) Installation of infrastructure improvements, including side-
walks, crosswalks, signage, and bus stop shelters or protected waiting
areas.’’;
(B) in paragraph (11)—
(i) in subparagraph (A)—
(I) in clause (ix) by striking ‘‘and’’ at the end;
(II) by redesignating clause (x) as clause (xi); and
(III) by inserting after clause (ix) the following:
‘‘(x) State or local representatives of educational agencies to address
safe routes to school and schoolbus safety; and’’;
(ii) in subparagraph (E) by inserting ‘‘Tribal,’’ after ‘‘State,’’;
(iii) by redesignating subparagraphs (G), (H), and (I) as subpara-
graphs (H), (I), and (J), respectively; and
(iv) by inserting after subparagraph (F) the following:
‘‘(G) includes a vulnerable road user safety assessment described under
paragraph (16);’’;
(C) by redesignating paragraphs (10), (11), and (12) as paragraphs (12),
(13), and (14), respectively;
(D) by inserting after paragraph (9) the following:
‘‘(10) SAFE SYSTEM APPROACH.—The term ‘safe system approach’ means a
roadway design that emphasizes minimizing the risk of injury or fatality to road
users and that—
‘‘(A) takes into consideration the possibility and likelihood of human
error;
‘‘(B) accommodates human injury tolerance by taking into consideration
likely crash types, resulting impact forces, and the human body’s ability to
withstand such forces; and
‘‘(C) takes into consideration vulnerable road users.
‘‘(11) SPECIFIED SAFETY PROJECT.—
‘‘(A) IN GENERAL.—The term ‘specified safety project’ means a project car-
ried out for the purpose of safety under any other section of this title that
is consistent with the State strategic highway safety plan.
‘‘(B) INCLUSION.—The term ‘specified safety project’ includes a project
that—
‘‘(i) promotes public awareness and informs the public regarding
highway safety matters (including safety for motorcyclists, bicyclists,
pedestrians, individuals with disabilities, and other road users);
‘‘(ii) facilitates enforcement of traffic safety laws;
‘‘(iii) provides infrastructure and infrastructure-related equipment to
support emergency services;
‘‘(iv) conducts safety-related research to evaluate experimental safety
countermeasures or equipment; or
‘‘(v) supports safe routes to school noninfrastructure-related activities
described under section 211(e)(2).’’; and
(E) by adding at the end the following:
‘‘(15) VULNERABLE ROAD USER.—The term ‘vulnerable road user’ means a non-
motorist—
‘‘(A) with a fatality analysis reporting system person attribute code that
is included in the definition of the term ‘number of non-motorized fatalities’
in section 490.205 of title 23, Code of Federal Regulations (or successor reg-
ulation); or
‘‘(B) described in the term ‘number of non-motorized serious injuries’ in
such section.
‘‘(16) VULNERABLE ROAD USER SAFETY ASSESSMENT.—The term ‘vulnerable
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road user safety assessment’ means an assessment of the safety performance of
the State or a metropolitan planning organization within the State with respect
to vulnerable road users and the plan of the State or metropolitan planning or-
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57
ganization to improve the safety of vulnerable road users described in sub-
section (l).’’;
(2) in subsection (c)—
(A) in paragraph (1) by striking ‘‘(a)(11)’’ and inserting ‘‘(a)(13)’’; and
(B) in paragraph (2)—
(i) in subparagraph (A)(vi) by inserting ‘‘, consistent with the vulner-
able road user safety assessment’’ after ‘‘nonmotorized crashes’’;
(ii) in subparagraph (B)(i)—
(I) by inserting ‘‘, consistent with a safe system approach,’’ after
‘‘identify’’;
(II) by inserting ‘‘excessive design speeds and speed limits,’’ after
‘‘crossing needs,’’; and
(III) by striking ‘‘motorists (including motorcyclists), bicyclists,
pedestrians, and other highway users’’ and inserting ‘‘road users’’;
and
(iii) in subparagraph (D)(iii) by striking ‘‘motorists (including motor-
cyclists), bicyclists, pedestrians, persons with disabilities, and other
highway users’’ and inserting ‘‘road users’’;
(3) in subsection (d)—
(A) in paragraph (1)—
(i) in subparagraph (A) by striking ‘‘Not later than 1 year after the
date of enactment of the MAP–21, the’’ and inserting ‘‘The’’; and
(ii) in subparagraph (B)—
(I) in clause (iv) by inserting ‘‘and serious injury’’ after ‘‘fatality’’;
(II) in clause (vii) by striking ‘‘; and’’ and inserting a semicolon;
(III) by redesignating clause (viii) as clause (ix); and
(IV) by inserting after clause (vii) the following:
‘‘(viii) the findings of a vulnerable road user safety assessment of the
State; and’’; and
(B) in paragraph (2)(B)(i) by striking ‘‘subsection (a)(11)’’ and inserting
‘‘subsection (a)(13)’’;
(4) in subsection (e)—
(A) in paragraph (1)(C) by striking ‘‘, without regard to whether the
project is included in an applicable State strategic highway safety plan’’;
and
(B) by adding at the end the following:
‘‘(3) FLEXIBLE FUNDING FOR SPECIFIED SAFETY PROJECTS.—
‘‘(A) IN GENERAL.—To advance the implementation of a State strategic
highway safety plan, a State may use not more than 10 percent of the
amounts apportioned to the State under section 104(b)(3) for a fiscal year
to carry out specified safety projects.
‘‘(B) RULE OF STATUTORY CONSTRUCTION.—Nothing in this paragraph
shall be construed to require a State to revise any State process, plan, or
program in effect on the date of enactment of this paragraph.
‘‘(C) EFFECT OF PARAGRAPH.—
‘‘(i) REQUIREMENTS.—A project funded under this paragraph shall be
subject to all requirements under this section that apply to a highway
safety improvement project.
‘‘(ii) OTHER APPORTIONED PROGRAMS.—Subparagraph (A) shall not
apply to amounts that may be obligated for noninfrastructure projects
apportioned under any other paragraph of section 104(b).’’;
(5) in subsection (g)—
(A) by amending paragraph (1) to read as follows:
‘‘(1) HIGH-RISK RURAL ROAD SAFETY.—
‘‘(A) IN GENERAL.—If a State determines that the fatality rate on rural
roads in such State for the most recent 2-year period for which data are
available exceeds the median fatality rate for rural roads among all States,
that State shall be required to—
‘‘(i) obligate over the 2 fiscal years following the fiscal year in which
such determination is made for projects on high-risk rural roads an
amount not less than 7.5 percent of the amounts apportioned to the
State under section 104(b)(3) for fiscal year 2020; and
‘‘(ii) include, in the subsequent update to the State strategic highway
safety plan, strategies to reduce the fatality rate.
‘‘(B) SOURCE OF FUNDS.—Any amounts obligated under subparagraph (A)
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shall be from amounts described under section 133(d)(1)(B).
‘‘(C) ANNUAL DETERMINATION.—The determination described under sub-
paragraph (A) shall be made on an annual basis.
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‘‘(D) CONSULTATION.—In carrying out a project with an amount obligated
under subparagraph (A), a State shall consult with, as applicable, local gov-
ernments, metropolitan planning organizations, and regional transportation
planning organizations.’’;
(B) in paragraph (2)—
(i) in the heading by striking ‘‘DRIVERS’’ and inserting ‘‘ROAD USERS’’;
and
(ii) by striking ‘‘address the increases in’’ and inserting ‘‘reduce’’; and
(C) by adding at the end the following:
‘‘(3) VULNERABLE ROAD USER SAFETY.—
‘‘(A) IN GENERAL.—Beginning on the date of enactment of the INVEST in
America Act, if a State determines that the number of vulnerable road user
fatalities and serious injuries per capita in such State over the most recent
2-year period for which data are available exceeds the median number of
such fatalities and serious injuries per capita among all States, that State
shall be required to obligate over the 2 fiscal years following the fiscal year
in which such determination is made an amount that is not less than 50
percent of the amount set aside in such State under section 133(h)(1) for
fiscal year 2020, less any amounts obligated by a metropolitan planning or-
ganization in the State as required by subparagraph (D), for—
‘‘(i) in the first fiscal year—
‘‘(I) performing the vulnerable user safety assessment as pre-
scribed by subsection (l);
‘‘(II) providing matching funds for transportation alternatives
safety project as identified in section 133(h)(7)(B); and
‘‘(III) projects eligible under section 133(h)(3)(A), (B), (C), or (I);
and
‘‘(ii) in each fiscal year thereafter, the program of projects identified
in subsection (l)(2)(C).
‘‘(B) SOURCE OF FUNDS.—Any amounts obligated under subparagraph (A)
shall be from amounts described in section 133(d)(1)(B).
‘‘(C) ANNUAL DETERMINATION.—The determination described under sub-
paragraph (A) shall be made on an annual basis.
‘‘(D) METROPOLITAN PLANNING AREA WITH EXCESSIVE FATALITIES AND SERI-
OUS INJURIES PER CAPITA.—
‘‘(i) ANNUAL DETERMINATION.—Beginning on the date of enactment of
the INVEST in America Act, a metropolitan planning organization rep-
resenting an urbanized area with a population greater than 200,000
shall annually determine the number of vulnerable user road fatalities
and serious injuries per capita in such area over the most recent 2-year
period.
‘‘(ii) REQUIREMENT TO OBLIGATE FUNDS.—If such a metropolitan plan-
ning area organization determines that the number of vulnerable user
road fatalities and serious injuries per capita in such area over the
most recent 2-year period for which data are available exceeds the me-
dian number of such fatalities and serious injuries among all urbanized
areas with a population of over 200,000, then there shall be obligated
over the 2 fiscal years following the fiscal year in which such deter-
mination is made an amount that is not less than 50 percent of the
amount set aside for that urbanized area under section 133(h)(2) for fis-
cal year 2020 for projects identified in the program of projects described
in subsection (l)(7)(C).
‘‘(E) SOURCE OF FUNDS.—
‘‘(i) METROPOLITAN PLANNING ORGANIZATION IN STATE REQUIRED TO
OBLIGATE FUNDS.—For a metropolitan planning organization in a State
required to obligate funds to vulnerable user safety under subpara-
graph (A), the State shall be required to obligate from such amounts
required to be obligated for vulnerable road user safety under subpara-
graph (B) for projects described in subsection (l)(7).
‘‘(ii) OTHER METROPOLITAN PLANNING ORGANIZATIONS.—For a metro-
politan planning organization that is not located within a State re-
quired to obligate funds to vulnerable user safety under subparagraph
(A), the State shall be required to obligate from amounts apportioned
under section 104(b)(3) for projects described in subsection (l)(7).’’;
(6) in subsection (h)(1)(A) by inserting ‘‘, including any efforts to reduce vehi-
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cle speed’’ after ‘‘under this section’’; and
(7) by adding at the end the following:
‘‘(l) VULNERABLE ROAD USER SAFETY ASSESSMENT.—
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‘‘(1) IN GENERAL.—Not later than 1 year after date of enactment of the IN-
VEST in America Act, each State shall create a vulnerable road user safety as-
sessment.
‘‘(2) CONTENTS.—A vulnerable road user safety assessment required under
paragraph (1) shall include—
‘‘(A) a description of the location within the State of each vulnerable road
user fatality and serious injury and the design speed of the roadway at any
such location;
‘‘(B) a description of any corridors identified by a State, in coordination
with local governments, metropolitan planning organizations, and regional
transportation planning organizations that pose a high risk of a vulnerable
road user fatality or serious injury and the design speeds of such corridors;
and
‘‘(C) a program of projects or strategies to reduce safety risks to vulner-
able road users in corridors identified under subparagraph (B), in coordina-
tion with local governments, metropolitan planning organizations, and re-
gional transportation planning organizations that represent a high-risk
area identified under subparagraph (B).
‘‘(3) ANALYSIS.—In creating a vulnerable road user safety assessment under
this subsection, a State shall assess the last 5 years of available data.
‘‘(4) REQUIREMENTS.—In creating a vulnerable road user safety assessment
under this subsection, a State shall—
‘‘(A) take into consideration a safe system approach; and
‘‘(B) coordinate with local governments, metropolitan planning organiza-
tions, and regional transportation planning organizations that represent a
high-risk area identified under paragraph (2)(B).
‘‘(5) UPDATE.—A State shall update a vulnerable road user safety assessment
on the same schedule as the State updates the State strategic highway safety
plan.
‘‘(6) TRANSPORTATION SYSTEM ACCESS.—The program of projects developed
under paragraph (2)(C) may not degrade transportation system access for vul-
nerable road users.’’.
(b) TECHNICAL AMENDMENT.—Section 148 of title 23, United States Code, is
amended—
(1) in the heading for subsection (a)(8) by striking ‘‘ROAD USERS’’ and inserting
‘‘ROAD USER’’; and
(2) in subsection (i)(2)(D) by striking ‘‘safety safety’’ and inserting ‘‘safety’’.
(c) HIGH-RISK RURAL ROADS.—
(1) STUDY.—Not later than 2 years after the date of enactment of this Act,
the Secretary of Transportation shall update the study described in paragraph
(1) of section 1112(b) of MAP–21 (23 U.S.C. 148 note).
(2) PUBLICATION OF REPORT.—Not later than 2 years after the date of enact-
ment of this Act, the Secretary shall publish on the website of the Department
of Transportation an updated report of the report described in paragraph (2) of
section 1112(b) of MAP–21 (23 U.S.C. 148 note).
(3) BEST PRACTICES MANUAL.—Not later than 180 days after the date of sub-
mission of the report described in paragraph (2), the Secretary shall update the
best practices manual described in section 1112(b)(3) of MAP–21 (23 U.S.C. 148
note).
SEC. 1210. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM.
Section 149 of title 23, United States Code, is amended—
(1) in subsection (b)—
(A) in paragraph (1)(A)(ii) by striking ‘‘subsection (h)’’ and inserting ‘‘sub-
section (i)’’;
(B) in paragraph (7) by inserting ‘‘shared micromobility (including
bikesharing and shared scooter systems),’’ after ‘‘carsharing,’’;
(C) in paragraph (8)(B) by striking ‘‘; or’’ and inserting a semicolon;
(D) in paragraph (9) by striking the period and inserting ‘‘; or’’; and
(E) by adding at the end the following:
‘‘(10) if the project or program mitigates seasonal or temporary traffic conges-
tion from long-haul travel or tourism.’’;
(2) in subsection (c)—
(A) in paragraph (2)—
(i) in the heading by inserting ‘‘, HYDROGEN VEHICLE,’’ after ‘‘ELEC-
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TRIC VEHICLE’’;
(ii) by inserting ‘‘hydrogen or’’ after ‘‘charging stations or’’; and
(iii) by inserting ‘‘, hydrogen-powered,’’ after ‘‘battery powered’’; and
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(B) in paragraph (3) by inserting ‘‘, and is consistent with section 166’’
after ‘‘travel times’’; and
(3) by striking subsection (m) and inserting the following:
‘‘(m) OPERATING ASSISTANCE.—
‘‘(1) PROJECTS.—A State may obligate funds apportioned under section
104(b)(4) in an area of such State that is otherwise eligible for obligations of
such funds for operating costs under chapter 53 of title 49 or on a system for
which CMAQ funding was made available, obligated, or expended in fiscal year
2012, or, notwithstanding subsection (b), on a State-supported Amtrak route
with a cost-sharing agreement under section 209 of the Passenger Rail Invest-
ment and Improvement Act of 2008 or alternative cost allocation under section
24712(g)(3) of title 49.
‘‘(2) TIME LIMITATION.—In determining the amount of time for which a State
may obligate funds under paragraph (1) for operating assistance for an area of
a State or on a system, the Secretary shall allow such obligations to occur, in
such area or on such system—
‘‘(A) with a time limitation of not less than 3 years; and
‘‘(B) in the case of projects that demonstrate continued net air quality
benefits beyond 3 years, as determined annually by the Secretary in con-
sultation with the Administrator of the Environmental Protection Agency,
with no imposed time limitation.’’.
SEC. 1211. ELECTRIC VEHICLE CHARGING STATIONS.
(a) ELECTRIC VEHICLE CHARGING STATIONS.—Chapter 1 of title 23, United States
Code, is amended by inserting after section 154 the following new section:
‘‘§ 155. Electric vehicle charging stations
‘‘(a) IN GENERAL.—Any electric vehicle charging infrastructure funded under this
title shall be subject to the requirements of this section.
‘‘(b) INTEROPERABILITY.—
‘‘(1) IN GENERAL.—Electric vehicle charging stations funded under this title
shall provide, at a minimum, two of the following charging connector types at
the location:
‘‘(A) CCS.
‘‘(B) CHAdeMO.
‘‘(C) An alternative connector that meets applicable industry safety stand-
ards
‘‘(2) SAVINGS CLAUSE.—Nothing in this subsection shall prevent the use of
charging types other than the connectors described in paragraph (1) if, at a
minimum, such connectors meet applicable industry safety standards and are
compatible with a majority of electric vehicles in operation.
‘‘(c) OPEN ACCESS TO PAYMENT.—Electric vehicle charging stations shall provide
payment methods available to all members of the public to ensure secure, conven-
ient, and equal access and shall not be limited by membership to a particular pay-
ment provider.
‘‘(d) TREATMENT OF PROJECTS.—Notwithstanding any other provision of law, any
project to install electric vehicle charging infrastructure shall be treated as if the
project is located on a Federal-aid highway.
‘‘(e) CERTIFICATION.—The Secretary of Commerce shall certify that no electric ve-
hicle charging stations installed under this section use minerals sourced or proc-
essed with child labor, as such term is defined in Article 3 of the International
Labor Organization Convention concerning the prohibition and immediate action for
the elimination of the worst forms of child labor (December 2, 2000), or in violation
of human rights.’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 1 of title 23, United States
Code, is amended by inserting after the item relating to section 154 the following
new item:
‘‘155. Electric vehicle charging stations.’’.
(c) ELECTRIC VEHICLE CHARGING SIGNAGE.—The Secretary of Transportation shall
update the Manual on Uniform Traffic Control Devices to—
(1) ensure uniformity in providing road users direction to electric charging
stations that are open to the public; and
(2) allow the use of Specific Service signs for electric vehicle charging station
providers.
(d) AGREEMENTS RELATING TO THE USE AND ACCESS OF RIGHTS-OF-WAY OF THE
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INTERSTATE SYSTEM.—Section 111 of title 23, United States Code, is amended by
adding at the end the following:
‘‘(f) INTERSTATE SYSTEM RIGHTS-OF WAY.—
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‘‘(1) IN GENERAL.—Notwithstanding subsections (a) or (b), the Secretary shall
permit, consistent with section 155, the charging of electric vehicles on rights-
of-way of the Interstate System in—
‘‘(A) a rest area; or
‘‘(B) a fringe or corridor parking facility, including a park and ride facil-
ity.
‘‘(2) SAVINGS CLAUSE.—Nothing in this subsection shall permit commercial ac-
tivities on rights-of-way of the Interstate System, except as necessary for the
charging of electric vehicles in accordance with this subsection.’’.
SEC. 1212. NATIONAL HIGHWAY FREIGHT PROGRAM.
Section 167 of title 23, United States Code, is amended—
(1) in subsection (b)—
(A) in paragraph (6) by striking ‘‘; and’’ and inserting a semicolon; and
(B) by striking paragraph (7) and inserting the following:
‘‘(7) to reduce the environmental impacts of freight movement on the National
Highway Freight Network, including—
‘‘(A) greenhouse gas emissions;
‘‘(B) local air pollution;
‘‘(C) minimizing, capturing, or treating stormwater runoff and addressing
other adverse impacts to water quality; and
‘‘(D) wildlife habitat loss; and
‘‘(8) to decrease any adverse impact of freight transportation on communities
located near freight facilities or freight corridors.’’;
(2) in subsection (e) by adding at the end the following:
‘‘(3) ADDITIONAL MILEAGE.—Notwithstanding paragraph (2), a State that has
designated at least 90 percent of its maximum mileage described in paragraph
(2) may designate up to an additional 150 miles of critical rural freight cor-
ridors.’’;
(3) in subsection (f) by adding at the end the following:
‘‘(5) ADDITIONAL MILEAGE.—Notwithstanding paragraph (4), a State that has
designated at least 90 percent of its maximum mileage described in paragraph
(4) may designate up to an additional 75 miles of critical urban freight corridors
under paragraphs (1) and (2).’’;
(4) in subsection (h) by striking ‘‘Not later than’’ and all that follows through
‘‘shall prepare’’ and inserting ‘‘As part of the report required under section
503(b)(8), the Administrator shall biennially prepare’’;
(5) in subsection (i)—
(A) by striking paragraphs (2) and (3);
(B) by amending paragraph (4) to read as follows:
‘‘(4) FREIGHT PLANNING.—Notwithstanding any other provision of law, a State
may not obligate funds apportioned to the State under section 104(b)(5) unless
the State has developed, updated, or amended, as applicable, a freight plan in
accordance with section 70202 of title 49.’’;
(C) in paragraph (5)—
(i) by striking subparagraph (B) and inserting the following:
‘‘(B) LIMITATION.—The Federal share of a project described in subpara-
graph (C)(xxiii) shall fund only elements of such project that provide public
benefits.’’; and
(ii) in subparagraph (C)—
(I) in clause (iii) by inserting ‘‘and freight management and oper-
ations systems’’ after ‘‘freight transportation systems’’; and
(II) by amending clause (xxiii) to read as follows:
‘‘(xxiii) Freight intermodal or freight rail projects, including—
‘‘(I) projects within the boundaries of public or private freight rail
or water facilities (including ports);
‘‘(II) projects that provide surface transportation infrastructure
necessary to facilitate direct intermodal interchange, transfer, and
access into or out of the facility; and
‘‘(III) any other surface transportation project to improve the flow
of freight into or out of a facility described in subclause (I) or (II).’’;
(D) in paragraph (6) by striking ‘‘paragraph (5)’’ and inserting ‘‘paragraph
(3)’’; and
(E) by redesignating paragraphs (4), (5), (6), and (7) as paragraphs (2),
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(3), (4), and (5), respectively; and
(6) in subsection (k)(1)(A)(ii) by striking ‘‘ports-of entry’’ and inserting ‘‘ports-
of-entry’’.
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SEC. 1213. CARBON POLLUTION REDUCTION.
(a) IN GENERAL.—Chapter 1 of title 23, United States Code, is amended by adding
at the end the following:
‘‘§ 171. Carbon pollution reduction
‘‘(a) ESTABLISHMENT.—The Secretary shall establish a carbon pollution reduction
program to support the reduction of greenhouse gas emissions from the surface
transportation system.
‘‘(b) ELIGIBLE PROJECTS.—A project is eligible for funding under this section if
such project—
‘‘(1) is expected to yield a significant reduction in greenhouse gas emissions
from the surface transportation system;
‘‘(2) will help a State meet the greenhouse gas emissions performance targets
established under section 150(c)(7); and
‘‘(3) is—
‘‘(A) eligible for assistance under this title or under chapter 53 of title 49;
or
‘‘(B) a capital project, as such term is defined in section 22906 of title 49,
to improve intercity rail passenger transportation, provided that the project
will yield a significant reduction in single occupant vehicle trips and im-
prove mobility on public roads.
‘‘(c) GUIDANCE.—The Secretary shall issue guidance on methods of determining
the reduction of single occupant vehicle trips and improvement of mobility on public
roads as those factors relate to intercity rail passenger transportation projects under
subsection (b)(4).
‘‘(d) OPERATING EXPENSES.—A State may use not more than 10 percent of the
funds provided under section 104(b)(9) for the operating expenses of public transpor-
tation and passenger rail transportation projects.
‘‘(e) SINGLE-OCCUPANCY VEHICLE HIGHWAY FACILITIES.—None of the funds pro-
vided under this section may be used for a project that will result in the construc-
tion of new capacity available to single occupant vehicles unless the project consists
of a high occupancy vehicle facility and is consistent with section 166.
‘‘(f) EVALUATION.—
‘‘(1) IN GENERAL.—The Secretary shall annually evaluate the progress of each
State in carrying out the program under this section by comparing the percent
change in carbon dioxide emissions per capita on public roads in the State cal-
culated as—
‘‘(A) the annual carbon dioxide emissions per capita on public roads in the
State for the most recent year for which there is data; divided by
‘‘(B) the average annual carbon dioxide emissions per capita on public
roads in the State in calendar years 2015 through 2019.
‘‘(2) MEASURES.—In conducting the evaluation under paragraph (1), the Sec-
retary shall—
‘‘(A) prior to the effective date of the greenhouse gas performance meas-
ures under section 150(c)(7), use such data as are available, which may in-
clude data on motor fuels usage published by the Federal Highway Admin-
istration and information on emissions factors or coefficients published by
the Energy Information Administration of the Department of Energy; and
‘‘(B) following the effective date of the greenhouse gas performance meas-
ures under section 150(c)(7), use such measures.
‘‘(g) PROGRESS REPORT.—The Secretary shall annually issue a carbon pollution re-
duction progress report, to be made publicly available on the website of the Depart-
ment of Transportation, that includes—
‘‘(1) the results of the evaluation under subsection (f) for each State; and
‘‘(2) a ranking of all the States by the criteria under subsection (f), with the
States that, for the year covered by such report, have the largest percentage re-
duction in annual carbon dioxide emissions per capita on public roads being
ranked the highest.
‘‘(h) HIGH-PERFORMING STATES.—
‘‘(1) DESIGNATION.—For purposes of this section, each State that is 1 of the
15 highest ranked States, as determined under subsection (g)(2), and that
achieves a reduction in carbon dioxide emissions per capita on public roads, as
determined by the evaluation in subsection (f), shall be designated as a high-
performing State for the following fiscal year.
‘‘(2) USE OF FUNDS.—For each State that is designated as a high-performing
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State under paragraph (1)—
‘‘(A) notwithstanding section 120, the State may use funds made available
under this title to pay the non-Federal share of a project under this section
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63
during any year for which such State is designated as a high-performing
State; and
‘‘(B) notwithstanding section 126, the State may transfer up to 50 percent
of funds apportioned under section 104(b)(9) to the program under section
104(b)(2) in any year for which such State is designated as a high-per-
forming State.
‘‘(3) TRANSFER.—For each State that is 1 of the 15 lowest ranked States, as
determined under subsection (g)(2), the Secretary shall transfer 10 percent of
the amount apportioned to the State under section 104(b)(2) in the fiscal year
following the year in which the State is so ranked, not including amounts set
aside under section 133(d)(1)(A) and under section 133(h) or 505(a), to the ap-
portionment of the State under section 104(b)(9).
‘‘(4) LIMITATION.—The Secretary shall not conduct a transfer under paragraph
(3)—
‘‘(A) until the first fiscal year following the effective date of greenhouse
gas performance measures under section 150(c)(7); and
‘‘(B) with respect to a State in any fiscal year following the year in which
such State achieves a reduction in carbon dioxide emissions per capita on
public roads in such year as determined by the evaluation under subsection
(f).
‘‘(i) REPORT.—Not later than 2 years after the date of enactment of this section
and periodically thereafter, the Secretary, in consultation with the Administrator of
the Environmental Protection Agency, shall issue a report—
‘‘(1) detailing, based on the best available science, what types of projects eligi-
ble for assistance under this section are expected to provide the most significant
greenhouse gas emissions reductions from the surface transportation sector; and
‘‘(2) detailing, based on the best available science, what types of projects eligi-
ble for assistance under this section are not expected to provide significant
greenhouse gas emissions reductions from the surface transportation sector.’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 1 of title 23, United States
Code, is amended by adding at the end the following new item:
‘‘171. Carbon pollution reduction.’’.
(c) APPLICABILITY.—Subsection (b)(2) of section 171 of title 23, United States Code,
as added by this section, shall apply to a State beginning on the first fiscal year
following the fiscal year in which the State sets greenhouse gas performance targets
under section 150(d) of title 23, United States Code.
SEC. 1214. RECREATIONAL TRAILS.
Section 206 of title 23, United States Code, is amended by adding at the end the
following:
‘‘(j) USE OF OTHER APPORTIONED FUNDS.—Funds apportioned to a State under sec-
tion 104(b) that are obligated for recreational trails and related projects shall be ad-
ministered as if such funds were made available for purposes described under this
section.’’.
SEC. 1215. SAFE ROUTES TO SCHOOL PROGRAM.
(a) IN GENERAL.—Chapter 2 of title 23, United States Code, is amended by insert-
ing after section 210 the following:
‘‘§ 211. Safe routes to school program
‘‘(a) PROGRAM.—The Secretary shall carry out a safe routes to school program for
the benefit of children in primary, middle, and high schools.
‘‘(b) PURPOSES.—The purposes of the program shall be—
‘‘(1) to enable and encourage children, including those with disabilities, to
walk and bicycle to school;
‘‘(2) to make bicycling and walking to school a safer and more appealing
transportation alternative, thereby encouraging a healthy and active lifestyle
from an early age; and
‘‘(3) to facilitate the planning, development, and implementation of projects
and activities that will improve safety and reduce traffic, fuel consumption, and
air pollution in the vicinity of schools.
‘‘(c) USE OF FUNDS.—Amounts apportioned to a State under paragraphs (2) and
(3) of section 104(b) may be used to carry out projects, programs, and other activi-
ties under this section.
‘‘(d) ELIGIBLE ENTITIES.—Projects, programs, and activities funded under this sec-
tion may be carried out by eligible entities described under section 133(h)(4)(B) that
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demonstrate an ability to meet the requirements of this section.
‘‘(e) ELIGIBLE PROJECTS AND ACTIVITIES.—
‘‘(1) INFRASTRUCTURE-RELATED PROJECTS.—
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‘‘(A) IN GENERAL.—A State may obligate funds under this section for the
planning, design, and construction of infrastructure-related projects that
will substantially improve the ability of students to walk and bicycle to
school, including sidewalk improvements, traffic calming and speed reduc-
tion improvements, pedestrian and bicycle crossing improvements, on-street
bicycle facilities, off-street bicycle and pedestrian facilities, secure bicycle
parking facilities, and traffic diversion improvements in the vicinity of
schools.
‘‘(B) LOCATION OF PROJECTS.—Infrastructure-related projects under sub-
paragraph (A) may be carried out on any public road or any bicycle or pe-
destrian pathway or trail in the vicinity of schools.
‘‘(2) NONINFRASTRUCTURE-RELATED ACTIVITIES.—In addition to projects de-
scribed in paragraph (1), a State may obligate funds under this section for non-
infrastructure-related activities to encourage walking and bicycling to school, in-
cluding—
‘‘(A) public awareness campaigns and outreach to press and community
leaders;
‘‘(B) traffic education and enforcement in the vicinity of schools;
‘‘(C) student sessions on bicycle and pedestrian safety, health, and envi-
ronment;
‘‘(D) programs that address personal safety; and
‘‘(E) funding for training, volunteers, and managers of safe routes to
school programs.
‘‘(3) SAFE ROUTES TO SCHOOL COORDINATOR.—Each State receiving an appor-
tionment under paragraphs (2) and (3) of section 104(b) shall use a sufficient
amount of the apportionment to fund a full-time position of coordinator of the
State’s safe routes to school program.
‘‘(4) RURAL SCHOOL DISTRICT OUTREACH.—A coordinator described in para-
graph (3) shall conduct outreach to ensure that rural school districts in the
State are aware of such State’s safe routes to school program and the funds au-
thorized by this section.
‘‘(f) FEDERAL SHARE.—The Federal share of the cost of a project, program, or activ-
ity under this section shall be 100 percent.
‘‘(g) CLEARINGHOUSE.—
‘‘(1) IN GENERAL.—The Secretary shall maintain a national safe routes to
school clearinghouse to—
‘‘(A) develop information and educational programs on safe routes to
school; and
‘‘(B) provide technical assistance and disseminate techniques and strate-
gies used for successful safe routes to school programs.
‘‘(2) FUNDING.—The Secretary shall carry out this subsection using amounts
authorized to be appropriated for administrative expenses under section 104(a).
‘‘(h) TREATMENT OF PROJECTS.—Notwithstanding any other provision of law,
projects carried out under this section shall be treated as projects on a Federal-aid
highway under chapter 1 of this title.
‘‘(i) DEFINITIONS.—In this section, the following definitions apply:
‘‘(1) IN THE VICINITY OF SCHOOLS.—The term ‘in the vicinity of schools’ means,
with respect to a school, the area within bicycling and walking distance of the
school (approximately 2 miles).
‘‘(2) PRIMARY, MIDDLE, AND HIGH SCHOOLS.—The term ‘primary, middle, and
high schools’ means schools providing education from kindergarten through
twelfth grade.’’.
(b) TECHNICAL AND CONFORMING AMENDMENTS.—
(1) REPEAL.—Section 1404 of SAFETEA–LU (Public Law 109–59; 119 Stat.
1228–1230), and the item relating to such section in the table of contents in sec-
tion 1(b) of such Act, are repealed.
(2) ANALYSIS.—The analysis for chapter 2 of title 23, United States Code, is
amended by inserting after the item relating to section 210 the following:
‘‘211. Safe routes to school program.’’.
SEC. 1216. BICYCLE TRANSPORTATION AND PEDESTRIAN WALKWAYS.
Section 217 of title 23, United States Code, is amended—
(1) in subsection (d)—
(A) by striking ‘‘104(b)(3)’’ and inserting ‘‘104(b)(4)’’; and
(B) by striking ‘‘a position’’ and inserting ‘‘at least one full-time positions’’;
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(2) in subsection (e) by striking ‘‘bicycles’’ and inserting ‘‘pedestrians or
bicyclists’’ each place such term appears; and
(3) in subsection (j) by striking paragraph (2) and inserting the following:
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‘‘(2) ELECTRIC BICYCLE.—The term ‘electric bicycle’ means mean a bicycle
equipped with fully operable pedals, a saddle or seat for the rider, and an elec-
tric motor of less than 750 watts that can safely share a bicycle transportation
facility with other users of such facility and meets the requirements of one of
the following three classes:
‘‘(A) CLASS 1 ELECTRIC BICYCLE.—The term ‘class 1 electric bicycle’ means
an electric bicycle equipped with a motor that provides assistance only
when the rider is pedaling, and that ceases to provide assistance when the
bicycle reaches the speed of 20 miles per hour.
‘‘(B) CLASS 2 ELECTRIC BICYCLE.—The term ‘class 2 electric bicycle’ means
an electric bicycle equipped with a motor that may be used exclusively to
propel the bicycle, and that is not capable of providing assistance when the
bicycle reaches the speed of 20 miles per hour.
‘‘(C) CLASS 3 ELECTRIC BICYCLE.—The term ‘class 3 electric bicycle’ means
an electric bicycle equipped with a motor that provides assistance only
when the rider is pedaling, and that ceases to provide assistance when the
bicycle reaches the speed of 28 miles per hour.’’.
Subtitle C—Project-Level Investments
SEC. 1301. PROJECTS OF NATIONAL AND REGIONAL SIGNIFICANCE.
(a) IN GENERAL.—Section 117 of title 23, United States Code, is amended to read
as follows:
‘‘§ 117. Projects of national and regional significance
‘‘(a) ESTABLISHMENT.—The Secretary shall establish a projects of national and re-
gional significance program under which the Secretary may make grants to, and es-
tablish multiyear grant agreements with, eligible entities in accordance with this
section.
‘‘(b) APPLICATIONS.—To be eligible for a grant under this section, an eligible entity
shall submit to the Secretary an application in such form, in such manner, and con-
taining such information as the Secretary may require.
‘‘(c) GRANT AMOUNTS AND PROJECT COSTS.—
‘‘(1) IN GENERAL.—Each grant made under this section—
‘‘(A) shall be in an amount that is at least $25,000,000; and
‘‘(B) shall be for a project that has eligible project costs that are reason-
ably anticipated to equal or exceed the lesser of—
‘‘(i) $100,000,000; or
‘‘(ii) in the case of a project—
‘‘(I) located in 1 State or territory, 30 percent of the amount ap-
portioned under this chapter to the State or territory in the most
recently completed fiscal year; or
‘‘(II) located in more than 1 State or territory, 50 percent of the
amount apportioned under this chapter to the participating State
or territory with the largest apportionment under this chapter in
the most recently completed fiscal year.
‘‘(2) LARGE PROJECTS.—For a project that has eligible project costs that are
reasonably anticipated to equal or exceed $500,000,000, a grant made under
this section—
‘‘(A) shall be in an amount sufficient to fully fund the project, or in the
case of a public transportation project, a minimum operable segment, in
combination with other funding sources, including non-Federal financial
commitment, identified in the application; and
‘‘(B) may be awarded pursuant to the process under subsection (d), as
necessary based on the amount of the grant.
‘‘(d) MULTIYEAR GRANT AGREEMENTS FOR LARGE PROJECTS.—
‘‘(1) IN GENERAL.—A large project that receives a grant under this section may
be carried out through a multiyear grant agreement in accordance with this
subsection.
‘‘(2) REQUIREMENTS.—A multiyear grant agreement for a large project shall—
‘‘(A) establish the terms of participation by the Federal Government in
the project;
‘‘(B) establish the amount of Federal financial assistance for the project;
‘‘(C) establish a schedule of anticipated Federal obligations for the project
that provides for obligation of the full grant amount by not later than 4 fis-
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cal years after the fiscal year in which the initial amount is provided; and
‘‘(D) determine the period of time for completing the project, even if such
period extends beyond the period of an authorization.
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‘‘(3) SPECIAL RULES.—
‘‘(A) IN GENERAL.—A multiyear grant agreement under this subsection—
‘‘(i) shall obligate an amount of available budget authority specified
in law; and
‘‘(ii) may include a commitment, contingent on amounts to be speci-
fied in law in advance for commitments under this paragraph, to obli-
gate an additional amount from future available budget authority spec-
ified in law.
‘‘(B) CONTINGENT COMMITMENT.—A contingent commitment under this
subsection is not an obligation of the Federal Government under section
1501 of title 31.
‘‘(C) INTEREST AND OTHER FINANCING COSTS.—
‘‘(i) IN GENERAL.—Interest and other financing costs of carrying out
a part of the project within a reasonable time shall be considered a cost
of carrying out the project under a multiyear grant agreement, except
that eligible costs may not be more than the cost of the most favorable
financing terms reasonably available for the project at the time of bor-
rowing.
‘‘(ii) CERTIFICATION.—The applicant shall certify to the Secretary that
the applicant has shown reasonable diligence in seeking the most favor-
able financing terms.
‘‘(4) ADVANCE PAYMENT.—An eligible entity carrying out a large project under
a multiyear grant agreement—
‘‘(A) may use funds made available to the eligible entity under this title
or title 49 for eligible project costs of the large project; and
‘‘(B) shall be reimbursed, at the option of the eligible entity, for such ex-
penditures from the amount made available under the multiyear grant
agreement for the project in that fiscal year or a subsequent fiscal year.
‘‘(e) ELIGIBLE PROJECTS.—
‘‘(1) IN GENERAL.—The Secretary may make a grant under this section only
for a project that is a project eligible for assistance under this title or chapter
53 of title 49 and is—
‘‘(A) a bridge project carried out on the National Highway System, or that
is eligible to be carried out under section 165;
‘‘(B) a project to improve person throughput that is—
‘‘(i) a highway project carried out on the National Highway System,
or that is eligible to be carried out under section 165;
‘‘(ii) a public transportation project; or
‘‘(iii) a capital project, as such term is defined in section 22906 of title
49, to improve intercity rail passenger transportation; or
‘‘(C) a project to improve freight throughput that is—
‘‘(i) a highway freight project carried out on the National Highway
Freight Network established under section 167 or on the National
Highway System;
‘‘(ii) a freight intermodal, freight rail, or railway-highway grade cross-
ing or grade separation project; or
‘‘(iii) within the boundaries of a public or private freight rail, water
(including ports), or intermodal facility and that is a surface transpor-
tation infrastructure project necessary to facilitate direct intermodal
interchange, transfer, or access into or out of the facility.
‘‘(2) LIMITATION.—
‘‘(A) CERTAIN FREIGHT PROJECTS.—Projects described in clauses (ii) and
(iii) of paragraph (1)(C) may receive a grant under this section only if—
‘‘(i) the project will make a significant improvement to the movement
of freight on the National Highway System; and
‘‘(ii) the Federal share of the project funds only elements of the
project that provide public benefits.
‘‘(B) CERTAIN PROJECTS FOR PERSON THROUGHPUT.—Projects described in
clauses (ii) and (iii) of paragraph (1)(B) may receive a grant under this sec-
tion only if the project will make a significant improvement in mobility on
public roads.
‘‘(f) ELIGIBLE PROJECT COSTS.—An eligible entity receiving a grant under this sec-
tion may use such grant for—
‘‘(1) development phase activities, including planning, feasibility analysis, rev-
enue forecasting, environmental review, preliminary engineering and design
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work, and other preconstruction activities; and
‘‘(2) construction, reconstruction, rehabilitation, acquisition of real property
(including land related to the project and improvements to the land), environ-
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mental mitigation, construction contingencies, acquisition of equipment, and
operational improvements directly related to improving system performance.
‘‘(g) PROJECT REQUIREMENTS.—The Secretary may select a project described under
this section for funding under this section only if the Secretary determines that the
project—
‘‘(1) generates significant regional or national economic, mobility, safety, resil-
ience, or environmental benefits;
‘‘(2) is cost effective;
‘‘(3) is based on the results of preliminary engineering;
‘‘(4) has secured or will secure acceptable levels of non-Federal financial com-
mitments, including—
‘‘(A) 1 or more stable and dependable sources of funding and financing
to construct, maintain, and operate the project; and
‘‘(B) contingency amounts to cover unanticipated cost increases;
‘‘(5) cannot be easily and efficiently completed without additional Federal
funding or financial assistance available to the project sponsor, beyond existing
Federal apportionments; and
‘‘(6) is reasonably expected to begin construction not later than 18 months
after the date of obligation of funds for the project.
‘‘(h) MERIT CRITERIA AND CONSIDERATIONS.—
‘‘(1) MERIT CRITERIA.—In awarding a grant under this section, the Secretary
shall evaluate the following merit criteria:
‘‘(A) The extent to which the project supports achieving a state of good
repair.
‘‘(B) The level of benefits the project is expected to generate, including—
‘‘(i) the costs avoided by the prevention of closure or reduced use of
the asset to be improved by the project;
‘‘(ii) reductions in maintenance costs over the life of the asset;
‘‘(iii) safety benefits, including the reduction of accidents and related
costs;
‘‘(iv) improved person or freight throughput, including congestion re-
duction and reliability improvements;
‘‘(v) national and regional economic benefits;
‘‘(vi) resilience benefits;
‘‘(vii) environmental benefits, including reduction in greenhouse gas
emissions and air quality benefits; and
‘‘(viii) benefits to all users of the project, including pedestrian, bicy-
cle, nonvehicular, railroad, and public transportation users.
‘‘(C) How the benefits compare to the costs of the project.
‘‘(D) The average number of people or volume of freight, as applicable,
supported by the project, including visitors based on travel and tourism.
‘‘(2) ADDITIONAL CONSIDERATIONS.—In awarding a grant under this section,
the Secretary shall also consider the following:
‘‘(A) Whether the project serves low-income residents of low-income com-
munities, including areas of persistent poverty, while not displacing such
residents.
‘‘(B) Whether the project uses innovative technologies, innovative design
and construction techniques, or pavement materials that demonstrate re-
ductions in greenhouse gas emissions through sequestration or innovative
manufacturing processes and, if so, the degree to which such technologies,
techniques, or materials are used.
‘‘(C) Whether the project improves connectivity between modes of trans-
portation moving people or goods in the Nation or region.
‘‘(D) Whether the project provides new or improved connections between
at least 2 metropolitan areas with a population of at least 500,000.
‘‘(i) PROJECT SELECTION.—
‘‘(1) EVALUATION.—To evaluate applications for funding under this section,
the Secretary shall—
‘‘(A) determine whether a project is eligible for a grant under this section;
‘‘(B) evaluate, through a methodology that is discernible and transparent
to the public, how each application addresses the merit criteria pursuant
to subsection (h);
‘‘(C) assign a quality rating for each merit criteria for each application
based on the evaluation in subparagraph (B);
‘‘(D) ensure that applications receive final consideration by the Secretary
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to receive an award under this section only on the basis of such quality rat-
ings and that the Secretary gives final consideration only to applications
that meet the minimally acceptable level for each of the merit criteria; and
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‘‘(E) award grants only to projects rated highly under the evaluation and
rating process.
‘‘(2) CONSIDERATIONS FOR LARGE PROJECTS.—In awarding a grant for a large
project, the Secretary shall—
‘‘(A) consider the amount of funds available in future fiscal years for the
program under this section; and
‘‘(B) assume the availability of funds in future fiscal years for the pro-
gram that extend beyond the period of authorization based on the amount
made available for the program in the last fiscal year of the period of au-
thorization.
‘‘(3) GEOGRAPHIC DISTRIBUTION.—In awarding grants under this section, the
Secretary shall ensure geographic diversity and a balance between rural and
urban communities among grant recipients over fiscal years 2022 through 2025.
‘‘(4) PUBLICATION OF METHODOLOGY.—
‘‘(A) IN GENERAL.—Prior to the issuance of any notice of funding oppor-
tunity for grants under this section, the Secretary shall publish and make
publicly available on the Department’s website—
‘‘(i) a detailed explanation of the merit criteria developed under sub-
section (h);
‘‘(ii) a description of the evaluation process under this subsection; and
‘‘(iii) how the Secretary shall determine whether a project satisfies
each of the requirements under subsection (g).
‘‘(B) UPDATES.—The Secretary shall update and make publicly available
on the website of the Department of Transportation such information at
any time a revision to the information described in subparagraph (A) is
made.
‘‘(C) INFORMATION REQUIRED.—The Secretary shall include in the pub-
lished notice of funding opportunity for a grant under this section detailed
information on the rating methodology and merit criteria to be used to
evaluate applications, or a reference to the information on the website of
the Department of Transportation, as required by subparagraph (A).
‘‘(j) FEDERAL SHARE.—
‘‘(1) IN GENERAL.—The Federal share of the cost of a project carried out with
a grant under this section may not exceed 60 percent.
‘‘(2) MAXIMUM FEDERAL INVOLVEMENT.—Federal assistance other than a grant
under this section may be used to satisfy the non-Federal share of the cost of
a project for which such a grant is made, except that the total Federal assist-
ance provided for a project receiving a grant under this section may not exceed
80 percent of the total project cost.
‘‘(k) TREATMENT OF PROJECTS.—
‘‘(1) FEDERAL REQUIREMENTS.—The Secretary shall, with respect to a project
funded by a grant under this section, apply—
‘‘(A) the requirements of this title to a highway project;
‘‘(B) the requirements of chapter 53 of title 49 to a public transportation
project; and
‘‘(C) the requirements of section 22905 of title 49 to a passenger rail or
freight rail project.
‘‘(2) MULTIMODAL PROJECTS.—
‘‘(A) IN GENERAL.—Except as otherwise provided in this paragraph, if an
eligible project is a multimodal project, the Secretary shall—
‘‘(i) determine the predominant modal component of the project; and
‘‘(ii) apply the applicable requirements of such predominant modal
component to the project.
‘‘(B) EXCEPTIONS.—
‘‘(i) PASSENGER OR FREIGHT RAIL COMPONENT.—For any passenger or
freight rail component of a project, the requirements of section
22907(j)(2) of title 49 shall apply.
‘‘(ii) PUBLIC TRANSPORTATION COMPONENT.—For any public transpor-
tation component of a project, the requirements of section 5333 of title
49 shall apply.
‘‘(C) BUY AMERICA.—In applying the Buy American requirements under
section 313 of this title and sections 5320, 22905(a), and 24305(f) of title
49 to a multimodal project under this paragraph, the Secretary shall—
‘‘(i) consider the various modal components of the project; and
‘‘(ii) seek to maximize domestic jobs.
‘‘(3) FEDERAL-AID HIGHWAY REQUIREMENTS.—Notwithstanding any other provi-
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sion of this subsection, the Secretary shall require recipients of grants under
this section to comply with subsection (a) of section 113 with respect to public
transportation projects, passenger rail projects, and freight rail projects, in the
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69
same manner that recipients of grants are required to comply with such sub-
section for construction work performed on highway projects on Federal-aid
highways.
‘‘(l) TIFIA PROGRAM.—At the request of an eligible entity under this section, the
Secretary may use amounts awarded to the entity to pay subsidy and administrative
costs necessary to provide the entity Federal credit assistance under chapter 6 with
respect to the project for which the grant was awarded.
‘‘(m) ADMINISTRATION.—Of the amounts made available to carry out this section,
the Secretary may use up to $5,000,000 for the costs of administering the program
under this section.
‘‘(n) TECHNICAL ASSISTANCE.—Of the amounts made available to carry out this
section, the Secretary may reserve up to $5,000,000 to provide technical assistance
to eligible entities.
‘‘(o) CONGRESSIONAL REVIEW.—
‘‘(1) NOTIFICATION.—Not less than 60 days before making an award under
this section, the Secretary shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on Environ-
ment and Public Works, the Committee on Banking, Housing, and Urban Af-
fairs, and the Committee on Commerce, Science, and Transportation of the Sen-
ate—
‘‘(A) a list of all applications determined to be eligible for a grant by the
Secretary;
‘‘(B) the quality ratings assigned to each application pursuant to sub-
section (i);
‘‘(C) a list of applications that received final consideration by the Sec-
retary to receive an award under this section;
‘‘(D) each application proposed to be selected for a grant award;
‘‘(E) proposed grant amounts, including for each new multiyear grant
agreement, the proposed payout schedule for the project; and
‘‘(F) an analysis of the impacts of any large projects proposed to be se-
lected on existing commitments and anticipated funding levels for the next
4 fiscal years, based on information available to the Secretary at the time
of the report.
‘‘(2) COMMITTEE REVIEW.—Before the last day of the 60-day period described
in paragraph (1), each Committee described in paragraph (1) shall review the
Secretary’s list of proposed projects.
‘‘(3) CONGRESSIONAL DISAPPROVAL.—The Secretary may not make a grant or
any other obligation or commitment to fund a project under this section if a
joint resolution is enacted disapproving funding for the project before the last
day of the 60-day period described in paragraph (1).
‘‘(p) TRANSPARENCY.—
‘‘(1) IN GENERAL.—Not later than 30 days after awarding a grant for a project
under this section, the Secretary shall send to all applicants, and publish on
the website of the Department of Transportation—
‘‘(A) a summary of each application made to the program for the grant
application period; and
‘‘(B) the evaluation and justification for the project selection, including
ratings assigned to all applications and a list of applications that received
final consideration by the Secretary to receive an award under this section,
for the grant application period.
‘‘(2) BRIEFING.—The Secretary shall provide, at the request of a grant appli-
cant under this section, the opportunity to receive a briefing to explain any rea-
sons the grant applicant was not awarded a grant.
‘‘(q) DEFINITIONS.—In this section:
‘‘(1) AREAS OF PERSISTENT POVERTY.—The term ‘areas of persistent poverty’
has the meaning given such term in section 172(l).
‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible entity’ means—
‘‘(A) a State or a group of States;
‘‘(B) a unit of local government, including a metropolitan planning organi-
zation, or a group of local governments;
‘‘(C) a political subdivision of a State or local government;
‘‘(D) a special purpose district or public authority with a transportation
function, including a port authority;
‘‘(E) a Tribal government or a consortium of Tribal governments;
‘‘(F) a Federal agency eligible to receive funds under section 201, 203, or
204 that applies jointly with a State or group of States;
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‘‘(G) a territory; and
‘‘(H) a multistate or multijurisdictional group of entities described in this
paragraph.’’.
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(b) CLERICAL AMENDMENT.—The analysis for chapter 1 of title 23, United States
Code, is amended by striking the item relating to section 117 and inserting the fol-
lowing:
‘‘117. Projects of national and regional significance.’’.
SEC. 1302. COMMUNITY TRANSPORTATION INVESTMENT GRANT PROGRAM.
(a) IN GENERAL.—Chapter 1 of title 23, United States Code, as amended by this
title, is further amended by adding at the end the following:
‘‘§ 173. Community transportation investment grant program
‘‘(a) ESTABLISHMENT.—The Secretary shall establish a community transportation
investment grant program to improve surface transportation safety, state of good re-
pair, accessibility, and environmental quality through infrastructure investments.
‘‘(b) GRANT AUTHORITY.—
‘‘(1) IN GENERAL.—In carrying out the program established under subsection
(a), the Secretary shall make grants, on a competitive basis, to eligible entities
in accordance with this section.
‘‘(2) GRANT AMOUNT.—The maximum amount of a grant under this section
shall be $25,000,000.
‘‘(c) APPLICATIONS.—To be eligible for a grant under this section, an eligible entity
shall submit to the Secretary an application in such form, at such time, and con-
taining such information as the Secretary may require.
‘‘(d) ELIGIBLE PROJECT COSTS.—Grant amounts for an eligible project carried out
under this section may be used for—
‘‘(1) development phase activities, including planning, feasibility analysis, rev-
enue forecasting, environmental review, preliminary engineering and design
work, and other preconstruction activities; and
‘‘(2) construction, reconstruction, rehabilitation, acquisition of real property
(including land related to the project and improvements to such land), environ-
mental mitigation, construction contingencies, acquisition of equipment, and
operational improvements.
‘‘(e) RURAL AND COMMUNITY SETASIDES.—
‘‘(1) IN GENERAL.—The Secretary shall reserve—
‘‘(A) not less than 25 percent of the amounts made available to carry out
this section for projects located in rural areas; and
‘‘(B) not less than 25 percent of the amounts made available to carry out
this section for projects located in urbanized areas with a population great-
er than 49,999 individuals and fewer than 200,001 individuals.
‘‘(2) DEFINITION OF RURAL AREA.—In this subsection, the term ‘rural area’
means all areas of a State or territory not included in urbanized areas.
‘‘(3) EXCESS FUNDING.—If the Secretary determines that there are insufficient
qualified applicants to use the funds set aside under this subsection, the Sec-
retary may use such funds for grants for any projects eligible under this section.
‘‘(f) EVALUATION.—To evaluate applications under this section, the Secretary
shall—
‘‘(1) develop a process to objectively evaluate applications on the benefits of
the project proposed in such application—
‘‘(A) to transportation safety, including reductions in traffic fatalities and
serious injuries;
‘‘(B) to state of good repair, including improved condition of bridges and
pavements;
‘‘(C) to transportation system access, including improved access to jobs
and services; and
‘‘(D) in reducing greenhouse gas emissions;
‘‘(2) develop a rating system to assign a numeric value to each application,
based on each of the criteria described in paragraph (1);
‘‘(3) for each application submitted, compare the total benefits of the proposed
project, as determined by the rating system developed under paragraph (2),
with the costs of such project, and rank each application based on the results
of the comparison; and
‘‘(4) ensure that only such applications that are ranked highly based on the
results of the comparison conducted under paragraph (3) are considered to re-
ceive a grant under this section.
‘‘(g) WEIGHTING.—In establishing the evaluation process under subsection (f), the
Secretary may assign different weights to the criteria described in subsection (f)(1)
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based on project type, population served by a project, and other context-sensitive
considerations, provided that—
‘‘(1) each application is rated on all criteria described in subsection (f)(1); and
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‘‘(2) each application has the same possible minimum and maximum rating,
regardless of any differences in the weighting of criteria.
‘‘(h) TRANSPARENCY.—
‘‘(1) PUBLICLY AVAILABLE INFORMATION.—Prior to the issuance of any notice
of funding opportunity under this section, the Secretary shall make publicly
available on the website of the Department of Transportation a detailed expla-
nation of the evaluation and rating process developed under subsection (f), in-
cluding any differences in the weighting of criteria pursuant to subsection (g),
if applicable, and update such website for each revision of the evaluation and
rating process.
‘‘(2) NOTIFICATIONS TO CONGRESS.—The Secretary shall submit to the Com-
mittee on Transportation and Infrastructure of the House of Representatives,
the Committee on Environment and Public Works of the Senate, the Committee
on Banking, Housing, and Urban Affairs of the Senate, and the Committee on
Commerce, Science, and Transportation of the Senate the following written noti-
fications:
‘‘(A) A notification when the Secretary publishes or updates the informa-
tion required under paragraph (1).
‘‘(B) Not later than 30 days prior to the date on which the Secretary
awards a grant under this section, a notification that includes—
‘‘(i) the ratings of each application submitted pursuant to subsection
(f)(2);
‘‘(ii) the ranking of each application submitted pursuant to subsection
(f)(3); and
‘‘(iii) a list of all applications that receive final consideration by the
Secretary to receive an award under this section pursuant to subsection
(f)(4).
‘‘(C) Not later than 3 business days prior to the date on which the Sec-
retary announces the award of a grant under this section, a notification de-
scribing each grant to be awarded, including the amount and the recipient.
‘‘(i) TECHNICAL ASSISTANCE.—Of the amounts made available to carry out this sec-
tion, the Secretary may reserve up to $3,000,000 to provide technical assistance to
eligible entities.
‘‘(j) ADMINISTRATION.—Of the amounts made available to carry out this section,
the Secretary may reserve up to $5,000,000 for the administrative costs of carrying
out the program under this section.
‘‘(k) TREATMENT OF PROJECTS.—
‘‘(1) FEDERAL REQUIREMENTS.—The Secretary shall, with respect to a project
funded by a grant under this section, apply—
‘‘(A) the requirements of this title to a highway project;
‘‘(B) the requirements of chapter 53 of title 49 to a public transportation
project; and
‘‘(C) the requirements of section 22905 of title 49 to a passenger rail or
freight rail project.
‘‘(2) MULTIMODAL PROJECTS.—
‘‘(A) IN GENERAL.—Except as otherwise provided in this paragraph, if an
eligible project is a multimodal project, the Secretary shall—
‘‘(i) determine the predominant modal component of the project; and
‘‘(ii) apply the applicable requirements of such predominant modal
component to the project.
‘‘(B) EXCEPTIONS.—
‘‘(i) PASSENGER OR FREIGHT RAIL COMPONENT.—For any passenger or
freight rail component of a project, the requirements of section
22907(j)(2) of title 49 shall apply.
‘‘(ii) PUBLIC TRANSPORTATION COMPONENT.—For any public transpor-
tation component of a project, the requirements of section 5333 of title
49 shall apply.
‘‘(C) BUY AMERICA.—In applying the Buy American requirements under
section 313 of this title and sections 5320, 22905(a), and 24305(f) of title
49 to a multimodal project under this paragraph, the Secretary shall—
‘‘(i) consider the various modal components of the project; and
‘‘(ii) seek to maximize domestic jobs.
‘‘(3) FEDERAL-AID HIGHWAY REQUIREMENTS.—Notwithstanding any other provi-
sion of this subsection, the Secretary shall require recipients of grants under
this section to comply with subsection (a) of section 113 with respect to public
transportation projects, passenger rail projects, and freight rail projects, in the
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same manner that recipients of grants are required to comply with such sub-
section for construction work performed on highway projects on Federal-aid
highways.
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‘‘(l) TRANSPARENCY.—
‘‘(1) IN GENERAL.—Not later than 30 days after awarding a grant for a project
under this section, the Secretary shall send to all applicants, and publish on
the website of the Department of Transportation—
‘‘(A) a summary of each application made to the program for the grant
application period; and
‘‘(B) the evaluation and justification for the project selection, including
ratings and rankings assigned to all applications and a list of applications
that received final consideration by the Secretary to receive an award under
this section, for the grant application period.
‘‘(2) BRIEFING.—The Secretary shall provide, at the request of a grant appli-
cant under this section, the opportunity to receive a briefing to explain any rea-
sons the grant applicant was not awarded a grant.
‘‘(m) DEFINITIONS.—In this section:
‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible entity’ means—
‘‘(A) a metropolitan planning organization;
‘‘(B) a unit of local government;
‘‘(C) a transit agency;
‘‘(D) a Tribal Government or a consortium of Tribal governments;
‘‘(E) a multijurisdictional group of entities described in this paragraph;
‘‘(F) a special purpose district with a transportation function or a port au-
thority;
‘‘(G) a territory; or
‘‘(H) a State that applies for a grant under this section jointly with an
entity described in subparagraphs (A) through (G).
‘‘(2) ELIGIBLE PROJECT.—The term ‘eligible project’ means any project eligible
under this title or chapter 53 of title 49.’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 1 of title 23, United States
Code, is further amended by adding at the end the following new item:
‘‘173. Community transportation investment grant program.’’.
SEC. 1303. GRANTS FOR CHARGING AND FUELING INFRASTRUCTURE TO MODERNIZE AND RE-
CONNECT AMERICA FOR THE 21ST CENTURY.
(a) PURPOSE.—The purpose of this section is to establish a grant program to stra-
tegically deploy electric vehicle charging infrastructure, natural gas fueling, propane
fueling, and hydrogen fueling infrastructure along designated alternative fuel cor-
ridors that will be accessible to all drivers of electric vehicles, natural gas vehicles,
propane vehicles, and hydrogen vehicles.
(b) GRANT PROGRAM.—Section 151 of title 23, United States Code, is amended—
(1) in subsection (a) by striking ‘‘Not later than 1 year after the date of enact-
ment of the FAST Act, the Secretary shall’’ and inserting ‘‘The Secretary shall
periodically’’;
(2) in subsection (b)(2) by inserting ‘‘previously designated by the Federal
Highway Administration or’’ after ‘‘fueling corridors’’;
(3) in subsection (d)—
(A) by striking ‘‘5 years after the date of establishment of the corridors
under subsection (a), and every 5 years thereafter’’ and inserting ‘‘180 days
after the date of enactment of the INVEST in America Act’’; and
(B) by inserting ‘‘establish a recurring process to regularly’’ after ‘‘the Sec-
retary shall’’;
(4) in subsection (e)—
(A) in paragraph (1) by striking ‘‘; and’’ and inserting a semicolon;
(B) in paragraph (2)—
(i) by striking ‘‘establishes an aspirational goal of achieving’’ and in-
serting ‘‘describes efforts to achieve’’; and
(ii) by striking ‘‘by the end of fiscal year 2020.’’ and inserting a semi-
colon; and
(C) by adding at the end the following:
‘‘(3) summarizes best practices and provides guidance, developed through con-
sultation with the Secretary of Energy, for project development of electric vehi-
cle charging infrastructure, hydrogen fueling infrastructure, and natural gas
fueling infrastructure at the State, tribal, and local level to allow for the pre-
dictable deployment of such infrastructure; and
‘‘(4) summarizes the progress and implementation of the grant program under
subsection (f), including—
‘‘(A) a description of how funds awarded through the grant program
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under subsection (f) will aid efforts to achieve strategic deployment of elec-
tric vehicle charging infrastructure, natural gas fueling, propane fueling,
and hydrogen fueling infrastructure in those corridors;
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‘‘(B) the total number and location of charging and fueling stations in-
stalled under subsection (f); and
‘‘(C) the total estimated greenhouse gas emissions that have been reduced
through the use of electric vehicle charging, natural gas fueling, propane
fueling, or hydrogen fueling infrastructure funded under subsection (f)
using the methodology identified in paragraph (3)(B).’’; and
(5) by adding at the end the following:
‘‘(f) ELECTRIC VEHICLE CHARGING, NATURAL GAS FUELING, PROPANE FUELING, AND
HYDROGEN FUELING INFRASTRUCTURE GRANTS.—
‘‘(1) ESTABLISHMENT.—Not later than 1 year after the date of enactment of
the INVEST in America Act, the Secretary shall establish a grant program to
award grants to eligible entities for electric vehicle charging, natural gas fuel-
ing, propane fueling, and hydrogen fueling infrastructure projects.
‘‘(2) ELIGIBLE ENTITY.—An entity eligible to receive a grant under this sub-
section is—
‘‘(A) a State (as such term is defined in section 401) or political subdivi-
sion of a State;
‘‘(B) a metropolitan planning organization;
‘‘(C) a unit of local government;
‘‘(D) a special purpose district or public authority with a transportation
function, including a port authority;
‘‘(E) a Tribal government;
‘‘(F) an authority, agency, or instrumentality of, or an entity owned by,
1 or more of the entities described in subparagraphs (A) through (E); or
‘‘(G) a group of entities described in subparagraphs (A) through (F).
‘‘(3) APPLICATION.—To be eligible to receive a grant under this subsection, an
eligible entity shall submit to the Secretary an application at such time, in such
manner, and containing such information as the Secretary shall require, includ-
ing—
‘‘(A) a description of—
‘‘(i) the public accessibility of the charging or fueling infrastructure
proposed to be funded with a grant under this subsection, including—
‘‘(I) charging or fueling connector types;
‘‘(II) publicly available information on real-time availability; and
‘‘(III) payment methods available to all members of the public to
ensure secure, convenient, fair, and equal access and not limited by
membership to a particular provider;
‘‘(ii) collaborative engagement with the entity with jurisdiction over
the roadway and any other relevant stakeholders (including automobile
manufacturers, utilities, infrastructure providers, technology providers,
electric charging, natural gas, propane, and hydrogen fuel providers,
metropolitan planning organizations, States, Indian Tribes, units of
local government, fleet owners, fleet managers, fuel station owners and
operators, labor organizations, infrastructure construction and compo-
nent parts suppliers, and multistate and regional entities)—
‘‘(I) to foster enhanced, coordinated, public-private or private in-
vestment in electric vehicle charging, natural gas fueling, propane
fueling, and hydrogen fueling infrastructure;
‘‘(II) to expand deployment of electric vehicle charging, natural
gas fueling, propane fueling, or hydrogen fueling infrastructure;
‘‘(III) to protect personal privacy and ensure cybersecurity; and
‘‘(IV) to ensure that a properly trained workforce is available to
construct and install electric vehicle charging, natural gas fueling,
propane fueling, or hydrogen fueling infrastructure;
‘‘(iii) the location of the station or fueling site, including consideration
of—
‘‘(I) the availability of onsite amenities for vehicle operators, in-
cluding restrooms or food facilities;
‘‘(II) access in compliance with the Americans with Disabilities
Act of 1990 (42 U.S.C. 12101 et seq.);
‘‘(III) height and fueling capacity requirements for facilities that
charge or refuel large vehicles, including semitrailer trucks; and
‘‘(IV) appropriate distribution to avoid redundancy and fill charg-
ing or fueling gaps;
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‘‘(iv) infrastructure installation that can be responsive to technology
advancements, including accommodating autonomous vehicles and fu-
ture charging methods;
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‘‘(v) the long-term operation and maintenance of the electric vehicle
charging or hydrogen fueling infrastructure to avoid stranded assets
and protect the investment of public funds in such infrastructure; and
‘‘(vi) in the case of an applicant that is not a State department of
transportation, the degree of coordination with the applicable State de-
partment of transportation; and
‘‘(B) an assessment of the estimated greenhouse gas emissions and air
pollution from vehicle emissions that will be reduced through the use of
electric vehicle charging, natural gas fueling, propane fueling, or hydrogen
fueling infrastructure, which shall be conducted using one standardized
methodology or tool as determined by the Secretary.
‘‘(4) CONSIDERATIONS.—In selecting eligible entities to receive a grant under
this subsection, the Secretary shall—
‘‘(A) consider the extent to which the application of the eligible entity
would—
‘‘(i) reduce estimated greenhouse gas emissions and air pollution from
vehicle emissions, weighted by the total Federal investment in the
project;
‘‘(ii) improve alternative fueling corridor networks by—
‘‘(I) converting corridor-pending corridors to corridor-ready cor-
ridors; or
‘‘(II) in the case of corridor-ready corridors, providing additional
capacity—
‘‘(aa) to meet excess demand for charging or fueling infra-
structure; or
‘‘(bb) to reduce congestion at existing charging or fueling in-
frastructure in high-traffic locations;
‘‘(iii) meet current or anticipated market demands for charging or
fueling infrastructure;
‘‘(iv) enable or accelerate the construction of charging or fueling infra-
structure that would be unlikely to be completed without Federal as-
sistance;
‘‘(v) support a long-term competitive market for electric vehicle charg-
ing infrastructure, natural gas fueling, propane fueling, or hydrogen
fueling infrastructure that does not significantly impair existing electric
vehicle charging or hydrogen fueling infrastructure providers; and
‘‘(vi) reducing greenhouse gas emissions in established goods-move-
ment corridors, locations serving first- and last-mile freight near ports
and freight hubs, and locations that optimize infrastructure networks
and reduce hazardous air pollutants in communities disproportionately
impacted by such pollutants; and
‘‘(B) ensure, to the maximum extent practicable, geographic diversity
among grant recipients to ensure that electric vehicle charging infrastruc-
ture or hydrogen fueling infrastructure is available throughout the United
States.
‘‘(5) USE OF FUNDS.—
‘‘(A) IN GENERAL.—Any grant made under this subsection shall be—
‘‘(i) directly related to the charging or fueling of a vehicle; and
‘‘(ii) only for charging or fueling infrastructure that is open to the
general public.
‘‘(B) LOCATION OF INFRASTRUCTURE.—
‘‘(i) IN GENERAL.—Any electric vehicle charging, natural gas fueling,
propane fueling, or hydrogen fueling infrastructure acquired and in-
stalled with a grant under this subsection shall be located along an al-
ternative fuel corridor designated under this section or by a State or
group of States.
‘‘(ii) EXCEPTION.—Notwithstanding clause (i), the Secretary may
make a grant for electric vehicle charging or hydrogen fueling infra-
structure not on a designated alternative fuel corridor if the applicant
demonstrates that the proposed charging or fueling infrastructure
would expand deployment of electric vehicle charging or hydrogen fuel-
ing to a greater number of users than investments on such corridor.
‘‘(C) OPERATING ASSISTANCE.—
‘‘(i) IN GENERAL.—Subject to clauses (ii) and (iii), an eligible entity
that receives a grant under this subsection may use a portion of the
funds for operating assistance for the first 5 years of operations after
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the installation of electric vehicle charging, natural gas fueling, pro-
pane fueling, or hydrogen fueling infrastructure while the facility tran-
sitions to independent system operations.
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‘‘(ii) INCLUSION.—Operating assistance under this subparagraph shall
be limited to costs allocable to operating and maintaining the electric
vehicle charging, natural gas fueling, propane fueling, or hydrogen fuel-
ing infrastructure and service.
‘‘(iii) LIMITATION.—Operating assistance under this subparagraph
may not exceed the amount of a contract under subparagraph (A) to ac-
quire and install electric vehicle charging, natural gas fueling, propane
fueling, or hydrogen fueling infrastructure.
‘‘(D) SIGNS.—
‘‘(i) IN GENERAL.—Subject to this paragraph and paragraph (6)(B), an
eligible entity that receives a grant under this subsection may use a
portion of the funds to acquire and install—
‘‘(I) traffic control devices located in the right-of-way to provide
directional information to electric vehicle charging, natural gas
fueling, propane fueling, or hydrogen fueling infrastructure ac-
quired, installed, or operated with the grant under this subsection;
and
‘‘(II) on-premises signs to provide information about electric vehi-
cle charging, natural gas fueling, propane fueling, or hydrogen fuel-
ing infrastructure acquired, installed, or operated with a grant
under this subsection.
‘‘(ii) REQUIREMENT.—Any traffic control device or on-premises sign ac-
quired, installed, or operated with a grant under this subsection shall
comply with the Manual on Uniform Traffic Control Devices, if located
in the highway right-of-way.
‘‘(E) REVENUE.—An eligible entity receiving a grant under this subsection
and a private entity referred to in subparagraph (F) may enter into a cost-
sharing agreement under which the private entity submits to the eligible
entity a portion of the revenue from the electric vehicle charging, natural
gas fueling, propane fueling, or hydrogen fueling infrastructure.
‘‘(F) PRIVATE ENTITY.—
‘‘(i) IN GENERAL.—An eligible entity receiving a grant under this sub-
section may use the funds in accordance with this paragraph to con-
tract with a private entity for installation, operation, or maintenance
of electric vehicle charging, natural gas fueling, propane fueling, or hy-
drogen fueling infrastructure.
‘‘(ii) INCLUSION.—An eligible private entity includes privately, pub-
licly, or cooperatively owned utilities, private electric vehicle service
equipment and hydrogen fueling infrastructure providers, and retail
fuel stations.
‘‘(6) PROJECT REQUIREMENTS.—
‘‘(A) IN GENERAL.—Notwithstanding any other provision of law, any
project funded by a grant under this subsection shall be treated as a project
on a Federal-aid highway.
‘‘(B) ELECTRIC VEHICLE CHARGING PROJECTS.—A project for electric vehicle
charging infrastructure funded by a grant under this subsection shall be
subject to the requirements of section 155.
‘‘(7) FEDERAL SHARE.—The Federal share of the cost of a project carried out
with a grant under this subsection shall not exceed 80 percent of the total
project cost.
‘‘(8) CERTIFICATION.—The Secretary of Commerce shall certify that no projects
carried out under this subsection use minerals sourced or processed with child
labor, as such term is defined in Article 3 of the International Labor Organiza-
tion Convention concerning the prohibition and immediate action for the elimi-
nation of the worst forms of child labor (December 2, 2000), or in violation of
human rights.’’.
SEC. 1304. COMMUNITY CLIMATE INNOVATION GRANTS.
(a) IN GENERAL.—Chapter 1 of title 23, United States Code, as amended by this
title, is further amended by inserting after section 171 the following:
‘‘§ 172. Community climate innovation grants
‘‘(a) ESTABLISHMENT.—The Secretary shall establish a community climate innova-
tion grant program (in this section referred to as the ‘Program’) to make grants, on
a competitive basis, for locally selected projects that reduce greenhouse gas emis-
sions while improving the mobility, accessibility, and connectivity of the surface
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transportation system.
‘‘(b) PURPOSE.—The purpose of the Program shall be to support communities in
reducing greenhouse gas emissions from the surface transportation system.
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‘‘(c) ELIGIBLE APPLICANTS.—The Secretary may make grants under the Program
to the following entities:
‘‘(1) A metropolitan planning organization.
‘‘(2) A unit of local government or a group of local governments, or a county
or multi-county special district.
‘‘(3) A subdivision of a local government.
‘‘(4) A transit agency.
‘‘(5) A special purpose district with a transportation function or a port author-
ity.
‘‘(6) A Tribal government or a consortium of tribal governments.
‘‘(7) A territory.
‘‘(8) A multijurisdictional group of entities described in paragraphs (1)
through (7).
‘‘(d) APPLICATIONS.—To be eligible for a grant under the Program, an entity speci-
fied in subsection (c) shall submit to the Secretary an application in such form, at
such time, and containing such information as the Secretary determines appro-
priate.
‘‘(e) ELIGIBLE PROJECTS.—The Secretary may only provide a grant under the Pro-
gram for a project that is expected to yield a significant reduction in greenhouse gas
emissions from the surface transportation system and—
‘‘(1) is a project eligible for assistance under this title or under chapter 53 of
title 49 or supports fueling infrastructure for fuels defined under section 9001(5)
of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8101(5)); or
‘‘(2) is a capital project as defined in section 22906 of title 49 to improve inter-
city passenger rail that will yield a significant reduction in single occupant vehi-
cle trips and improve mobility on public roads.
‘‘(f) ELIGIBLE USES.—Grant amounts received for a project under the Program
may be used for—
‘‘(1) development phase activities, including planning, feasibility analysis, rev-
enue forecasting, environmental review, preliminary engineering and design
work, and other preconstruction activities; and
‘‘(2) construction, reconstruction, rehabilitation, acquisition of real property
(including land related to the project and improvements to the land), environ-
mental mitigation, construction contingencies, acquisition of equipment, and
operational improvements.
‘‘(g) PROJECT PRIORITIZATION.—In making grants for projects under the Program,
the Secretary shall give priority to projects that are expected to yield the most sig-
nificant reductions in greenhouse gas emissions from the surface transportation sys-
tem.
‘‘(h) ADDITIONAL CONSIDERATIONS.—In making grants for projects under the Pro-
gram, the Secretary shall consider the extent to which—
‘‘(1) a project maximizes greenhouse gas reductions in a cost-effective manner;
‘‘(2) a project reduces dependence on single-occupant vehicle trips or provides
additional transportation options;
‘‘(3) a project improves the connectivity and accessibility of the surface trans-
portation system, particularly to low- and zero-emission forms of transportation,
including public transportation, walking, and bicycling;
‘‘(4) an applicant has adequately considered or will adequately consider, in-
cluding through the opportunity for public comment, the environmental justice
and equity impacts of the project;
‘‘(5) a project contributes to geographic diversity among grant recipients, in-
cluding to achieve a balance between urban, suburban, and rural communities;
‘‘(6) a project serves low-income residents of low-income communities, includ-
ing areas of persistent poverty, while not displacing such residents;
‘‘(7) a project uses pavement materials that demonstrate reductions in green-
house gas emissions through sequestration or innovative manufacturing proc-
esses;
‘‘(8) a project repurposes neglected or underused infrastructure, including
abandoned highways, bridges, railways, trail ways, and adjacent underused
spaces, into new hybrid forms of public space that support multiple modes of
transportation; and
‘‘(9) a project includes regional multimodal transportation system manage-
ment and operations elements that will improve the effectiveness of such project
and encourage reduction of single occupancy trips by providing the ability of
users to plan, use, and pay for multimodal transportation alternatives.
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‘‘(i) FUNDING.—
‘‘(1) MAXIMUM AMOUNT.—The maximum amount of a grant under the Pro-
gram shall be $25,000,000.
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77
‘‘(2) TECHNICAL ASSISTANCE.—Of the amounts made available to carry out the
Program, the Secretary may use up to 1 percent to provide technical assistance
to applicants and potential applicants.
‘‘(j) TREATMENT OF PROJECTS.—
‘‘(1) FEDERAL REQUIREMENTS.—The Secretary shall, with respect to a project
funded by a grant under this section, apply—
‘‘(A) the requirements of this title to a highway project;
‘‘(B) the requirements of chapter 53 of title 49 to a public transportation
project; and
‘‘(C) the requirements of section 22905 of title 49 to a passenger rail or
freight rail project.
‘‘(2) MULTIMODAL PROJECTS.—
‘‘(A) IN GENERAL.—Except as otherwise provided in this paragraph, if an
eligible project is a multimodal project, the Secretary shall—
‘‘(i) determine the predominant modal component of the project; and
‘‘(ii) apply the applicable requirements of such predominant modal
component to the project.
‘‘(B) EXCEPTIONS.—
‘‘(i) PASSENGER OR FREIGHT RAIL COMPONENT.—For any passenger or
freight rail component of a project, the requirements of section
22907(j)(2) of title 49 shall apply.
‘‘(ii) PUBLIC TRANSPORTATION COMPONENT.—For any public transpor-
tation component of a project, the requirements of section 5333 of title
49 shall apply.
‘‘(C) BUY AMERICA.—In applying the Buy American requirements under
section 313 of this title and sections 5320, 22905(a), and 24305(f) of title
49 to a multimodal project under this paragraph, the Secretary shall—
‘‘(i) consider the various modal components of the project; and
‘‘(ii) seek to maximize domestic jobs.
‘‘(3) F EDERAL -AID HIGHWAY REQUIREMENTS.—Notwithstanding any other provi-
sion of this subsection, the Secretary shall require recipients of grants under
this section to comply with subsection (a) of section 113 with respect to public
transportation projects, passenger rail projects, and freight rail projects, in the
same manner that recipients of grants are required to comply with such sub-
section for construction work performed on highway projects on Federal-aid
highways.
‘‘(k) SINGLE-OCCUPANCY VEHICLE HIGHWAY FACILITIES.—None of the funds pro-
vided under this section may be used for a project that will result in the construc-
tion of new capacity available to single occupant vehicles unless the project consists
of a high-occupancy vehicle facility and is consistent with section 166.
‘‘(l) DEFINITION OF AREAS OF PERSISTENT POVERTY.—In this section, the term
‘areas of persistent poverty’ means—
‘‘(1) any county that has had 20 percent or more of the population of such
county living in poverty over the past 30 years, as measured by the 1990 and
2000 decennial censuses and the most recent Small Area Income and Poverty
Estimates;
‘‘(2) any census tract with a poverty rate of at least 20 percent, as measured
by the most recent 5-year data series available from the American Community
Survey of the Bureau of the Census for all States and Puerto Rico; or
‘‘(3) any other territory or possession of the United States that has had 20
percent or more of its population living in poverty over the past 30 years, as
measured by the 1990, 2000, and 2010 island areas decennial censuses, or
equivalent data, of the Bureau of the Census.’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 1 of title 23, United States
Code, is amended by inserting after the item relating to section 171 the following:
‘‘172. Community climate innovation grants.’’.
SEC. 1305. METRO PERFORMANCE PROGRAM.
(a) ESTABLISHMENT.—The Secretary of Transportation shall directly allocate funds
in accordance with this section to enhance local decision making and control in de-
livering projects to address local transportation needs.
(b) DESIGNATION.—
(1) IN GENERAL.—The Secretary shall designate direct recipients based on the
criteria in paragraph (3) to be direct recipients of funds under this section.
(2) RESPONSIBILITIES.—A direct recipient shall be responsible for compliance
with any requirements related to the use of Federal funds vested in a State de-
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partment of transportation under chapter 1 of title 23, United States Code.
(3) CRITERIA.—In designating an applicant under this subsection, the Sec-
retary shall consider—
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(A) the legal, financial, and technical capacity of the applicant;
(B) the level of coordination between the applicant and—
(i) the State department of transportation of the State or States in
which the metropolitan planning area represented by the applicant is
located;
(ii) local governments and providers of public transportation within
the metropolitan planning area represented by the applicant; and
(iii) if more than 1 metropolitan planning organization is designated
within an urbanized area represented by the applicant, any other such
metropolitan planning organization;
(C) in the case of an applicant that represents an urbanized area popu-
lation of greater than 200,000, the effectiveness of project delivery and
timely obligation of funds made available under section 133(d)(1)(A)(i) of
title 23, United States Code;
(D) if the applicant or a local government within the metropolitan plan-
ning area that the applicant represents has been the recipient of a discre-
tionary grant from the Secretary within the preceding 5 years, the adminis-
tration of such grant;
(E) the extent to which the planning and decision making process of the
applicant, including the long-range transportation plan and the approved
transportation improvement program under section 134 of such title, sup-
port—
(i) the performance goals established under section 150(b) of such
title; and
(ii) the achievement of metropolitan or statewide performance targets
established under section 150(d) of such title;
(F) whether the applicant is a designated recipient of funds from the Fed-
eral Transit Administration as described under subsections (A) and (B) of
section 5302(4) of title 49, United States Code; and
(G) any other criteria established by the Secretary.
(4) REQUIREMENTS.—
(A) CALL FOR NOMINATION.—Not later than February 1, 2022, the Sec-
retary shall publish in the Federal Register a notice soliciting applications
for designation under this subsection.
(B) GUIDANCE.—The notification under paragraph (1) shall include guid-
ance on the requirements and responsibilities of a direct recipient under
this section, including implementing regulations.
(C) DETERMINATION.—The Secretary shall make all designations under
this section for fiscal year 2023 not later than June 1, 2022.
(5) TERM.—Except as provided in paragraph (6), a designation under this sub-
section shall—
(A) be for a period of not less than 5 years; and
(B) be renewable.
(6) TERMINATION.—
(A) IN GENERAL.—The Secretary shall establish procedures for the termi-
nation of a designation under this subsection.
(B) CONSIDERATIONS.—In establishing procedures under subparagraph
(A), the Secretary shall consider—
(i) with respect to projects carried out under this section, compliance
with the requirements of title 23, United States Code, or chapter 53 of
title 49, United States Code; and
(ii) the obligation rate of any funds—
(I) made available under this section; and
(II) in the case of a metropolitan planning organization that rep-
resents a metropolitan planning area with an urbanized area popu-
lation of greater than 200,000, made available under section
133(d)(1)(A)(i) of title 23, United States Code.
(c) USE OF FUNDS.—
(1) ELIGIBLE PROJECTS.—Funds made available under this section may be ob-
ligated for the purposes described in section 133(b) of title 23, United States
Code.
(2) ADMINISTRATIVE EXPENSES AND TECHNICAL ASSISTANCE.—Of the amounts
made available under this section, the Secretary may set aside not more than
$5,000,000 for program management, oversight, and technical assistance to di-
rect recipients.
(d) RESPONSIBILITIES OF DIRECT RECIPIENTS.—
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(1) DIRECT AVAILABILITY OF FUNDS.—Notwithstanding title 23, United States
Code, the amounts made available under this section shall be allocated to each
direct recipient for obligation.
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(2) PROJECT DELIVERY.—
(A) IN GENERAL.—The direct recipient may collaborate with a State, unit
of local government, regional entity, or transit agency to carry out a project
under this section and ensure compliance with all applicable Federal re-
quirements.
(B) STATE AUTHORITY.—The State may exercise, on behalf of the direct re-
cipient, any available decisionmaking authorities or actions assumed from
the Secretary.
(C) USE OF FUNDS.—The direct recipient may use amounts made avail-
able under this section to compensate a State, unit of local government, re-
gional entity, or transit agency for costs incurred in providing assistance
under this paragraph.
(3) DISTRIBUTION OF AMOUNTS AMONG DIRECT RECIPIENTS.—
(A) IN GENERAL.—Subject to subparagraph (B), on the first day of the fis-
cal year for which funds are made available under this section, the Sec-
retary shall allocate such funds to each direct recipient as the proportion
of the population (as determined by data collected by the Bureau of the
Census) of the urbanized area represented by any 1 direct recipient bears
to the total population of all of urbanized areas represented by all direct
recipients.
(B) MINIMUM AND MAXIMUM AMOUNTS.—Of funds allocated to direct re-
cipients under subparagraph (A), each direct recipient shall receive not less
than $10,000,000 and not more than $50,000,000 each fiscal year.
(C) MINIMUM GUARANTEED AMOUNT.—In making a determination whether
to designate a metropolitan planning organization as a direct recipient
under subsection (b), the Secretary shall ensure that each direct recipient
receives the minimum required allocation under subparagraph (B).
(D) ADDITIONAL AMOUNTS.—If any amounts remain undistributed after
the distribution described in this subsection, such remaining amounts and
an associated amount of obligation limitation shall be made available as if
suballocated under clauses (i) and (ii) of section 133(d)(1)(A) of title 23,
United States Code, and distributed among the States in the proportion
that the relative shares of the population (as determined by data collected
by the Bureau of the Census) of the urbanized areas of each State bears
to the total populations of all urbanized areas across all States.
(4) ASSUMPTION OF RESPONSIBILITY OF THE SECRETARY.—
(A) IN GENERAL.—For projects carried out with funds provided under this
section, the direct recipient may assume the responsibilities of the Sec-
retary under section 106 of title 23, United States Code, for design, plans,
specifications, estimates, contract awards, and inspections with respect to
the projects unless the Secretary determines that the assumption is not ap-
propriate.
(B) AGREEMENT.—The Secretary and the direct recipient shall enter into
an agreement relating to the extent to which the direct recipient assumes
the responsibilities of the Secretary under this paragraph.
(C) LIMITATIONS.—The Secretary shall retain responsibilities described in
subparagraph (A) for any project that the Secretary determines to be in a
high-risk category, including projects on the National Highway System.
(e) EXPENDITURE OF FUNDS.—
(1) CONSISTENCY WITH METROPOLITAN PLANNING.—Except as otherwise pro-
vided in this section, programming and expenditure of funds for projects under
this section shall be consistent with the requirements of section 134 of title 23,
United States Code, and section 5303 of title 49, United States Code.
(2) SELECTION OF PROJECTS.—
(A) IN GENERAL.—Notwithstanding subsections (j)(5) and (k)(4) of section
134 of title 23, United States Code, or subsections (j)(5) and (k)(4) of section
5303 of title 49, United States Code, a direct recipient shall select, from the
approved transportation improvement program under such sections, all
projects to be funded under this section, including projects on the National
Highway System.
(B) ELIGIBLE PROJECTS.—The project selection process described in this
subsection shall apply to all federally funded projects within the boundaries
of a metropolitan planning area served by a direct recipient that are carried
out under this section.
(C) CONSULTATION REQUIRED.—In selecting a project under this sub-
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section, the metropolitan planning organization shall consult with—
(i) in the case of a highway project, the State and locality in which
such project is located; and
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(ii) in the case of a transit project, any affected public transportation
operator.
(3) RULE OF CONSTRUCTION.—Nothing in this section shall be construed to
limit the ability of a direct recipient to partner with a State department of
transportation or other recipient of Federal funds under title 23, United States
Code, or chapter 53 of title 49, United States Code, to carry out a project.
(f) TREATMENT OF FUNDS.—
(1) IN GENERAL.—Except as provided in this section, funds made available to
carry out this section shall be administered as if apportioned under chapter 1
of title 23, United States Code.
(2) FEDERAL SHARE.—The Federal share of the cost of a project carried out
under this section shall be determined in accordance with section 120 of title
23, United States Code.
(g) REPORT.—
(1) DIRECT RECIPIENT REPORT.—Not later than 60 days after the end of each
fiscal year, each direct recipient shall submit to the Secretary a report that in-
cludes—
(A) a list of projects funded with amounts provided under this section;
(B) a description of any obstacles to complete projects or timely obligation
of funds; and
(C) recommendations to improve the effectiveness of the program under
this section.
(2) REPORT TO CONGRESS.—Not later than October 1, 2024, the Secretary shall
submit to the Committee on Environment and Public Works of the Senate and
the Committee on Transportation and Infrastructure of the House of Represent-
atives a report that—
(A) summarizes the findings of each direct recipient provided under para-
graph (1);
(B) describes the efforts undertaken by both direct recipients and the Sec-
retary to ensure compliance with the requirements of title 23 and chapter
53 of title 49, United States Code;
(C) analyzes the capacity of direct recipients to receive direct allocations
of funds under chapter 1 of title 23, United States Code; and
(D) provides recommendations from the Secretary to—
(i) improve the administration, oversight, and performance of the pro-
gram established under this section;
(ii) improve the effectiveness of direct recipients to complete projects
and obligate funds in a timely manner; and
(iii) evaluate options to expand the authority provided under this sec-
tion, including to allow for the direct allocation to metropolitan plan-
ning organizations of funds made available to carry out clause (i) or (ii)
of section 133(d)(1)(A) of title 23, United States Code.
(3) UPDATE.—Not less frequently than every 2 years, the Secretary shall up-
date the report described in paragraph (2).
(h) DEFINITIONS.—
(1) DIRECT RECIPIENT.—In this section, the term ‘‘direct recipient’’ means a
metropolitan planning organization designated by the Secretary as high-per-
forming under subsection (b) and that was directly allocated funds as described
in subsection (d).
(2) METROPOLITAN PLANNING AREA.—The term ‘‘metropolitan planning area’’
has the meaning given such term in section 134 of title 23, United States Code.
(3) METROPOLITAN PLANNING ORGANIZATION.—The term ‘‘metropolitan plan-
ning organization’’ has the meaning given such term in section 134 of title 23,
United States Code.
(4) NATIONAL HIGHWAY SYSTEM.—The term ‘‘National Highway System’’ has
the meaning given such term in section 101 of title 23, United States Code.
(5) STATE.—The term ‘‘State’’ has the meaning given such term in section 101
of title 23, United States Code.
(6) URBANIZED AREA.—The term ‘‘urbanized area’’ has the meaning given such
term in section 134 of title 23, United States Code.
SEC. 1306. GRIDLOCK REDUCTION GRANT PROGRAM.
(a) ESTABLISHMENT.—The Secretary of Transportation shall establish a gridlock
reduction program to make grants, on a competitive basis, for projects to reduce,
and mitigate the adverse impacts of, traffic congestion.
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(b) APPLICATIONS.—To be eligible for a grant under this section, an applicant shall
submit to the Secretary an application in such form, at such time, and containing
such information as the Secretary determines appropriate.
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(c) ELIGIBLE APPLICANTS.—The Secretary may make grants under this section to
an applicant that is serving an urbanized area, as designated by the Bureau of the
Census, with a population of not less than 1,000,000 and that is—
(1) a metropolitan planning organization;
(2) a unit of local government or a group of local governments;
(3) a multijurisdictional group of entities described in paragraphs (1) and (2);
or
(4) a State that is in partnership with an entity or group of entities described
in paragraph (1), (2), or (3).
(d) ELIGIBLE PROJECTS.—The Secretary may award grants under this section to
applicants that submit a comprehensive program of surface transportation-related
projects to reduce traffic congestion and related adverse impacts, including a project
for 1 or more of the following:
(1) Transportation systems management and operations.
(2) Intelligent transportation systems.
(3) Real-time traveler information.
(4) Traffic incident management.
(5) Active traffic management.
(6) Traffic signal timing.
(7) Multimodal travel payment systems.
(8) Transportation demand management, including employer-based com-
muting programs such as carpool, vanpool, transit benefit, parking cashout,
shuttle, or telework programs.
(9) A project to provide transportation options to reduce traffic congestion, in-
cluding—
(A) a project under chapter 53 of title 49, United States Code;
(B) a bicycle or pedestrian project, including a project to provide safe and
connected active transportation networks; and
(C) a surface transportation project carried out in accordance with the na-
tional travel and tourism infrastructure strategic plan under section 1431(e)
of the FAST Act (49 U.S.C. 301 note).
(10) Any other project, as determined appropriate by the Secretary.
(e) AWARD PRIORITIZATION.—
(1) IN GENERAL.—In selecting grants under this section, the Secretary shall
prioritize applicants serving urbanized areas, as described in subsection (c), that
are experiencing a high degree of recurrent transportation congestion, as deter-
mined by the Secretary.
(2) ADDITIONAL CONSIDERATIONS.—In selecting grants under this section, the
Secretary shall also consider the extent to which the project would—
(A) reduce traffic congestion and improve the reliability of the surface
transportation system;
(B) mitigate the adverse impacts of traffic congestion on the surface
transportation system, including safety and environmental impacts;
(C) maximize the use of existing capacity; and
(D) employ innovative, integrated, and multimodal solutions to the items
described in subparagraphs (A), (B), and (C).
(f) FEDERAL SHARE.—
(1) IN GENERAL.—The Federal share of the cost of a project carried out under
this section may not exceed 60 percent.
(2) MAXIMUM FEDERAL SHARE.—Federal assistance other than a grant for a
project under this section may be used to satisfy the non-Federal share of the
cost of such project, except that the total Federal assistance provided for a
project receiving a grant under this section may not exceed 80 percent of the
total project cost.
(g) USE OF FUNDS.—Funds made available for a project under this section may
be used for—
(1) development phase activities, including planning, feasibility analysis, rev-
enue forecasting, environmental review, preliminary engineering and design
work, and other preconstruction activities; and
(2) construction, reconstruction, rehabilitation, acquisition of real property (in-
cluding land related to the project and improvements to the land), environ-
mental mitigation, construction contingencies, acquisition of equipment, and
operational improvements.
(h) FUNDING.—
(1) GRANT AMOUNT.—A grant under this section shall be in an amount not
less than $10,000,000 and not more than $50,000,000.
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(2) AVAILABILITY.—Funds made available under this program shall be avail-
able until expended.
(i) FREIGHT PROJECT SET-ASIDE.—
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(1) IN GENERAL.—The Secretary shall set aside not less than 50 percent of the
funds made available to carry out this section for grants for freight projects
under this subsection.
(2) ELIGIBLE USES.—The Secretary shall provide funds set aside under this
subsection to applicants that submit a comprehensive program of surface trans-
portation-related projects to reduce freight-related traffic congestion and related
adverse impacts, including—
(A) freight intelligent transportation systems;
(B) real-time freight parking information;
(C) real-time freight routing information;
(D) freight transportation and delivery safety projects;
(E) first-mile and last-mile delivery solutions;
(F) shifting freight delivery to off-peak travel times;
(G) reducing greenhouse gas emissions and air pollution from freight
transportation and delivery, including through the use of innovative vehi-
cles that produce fewer greenhouse gas emissions;
(H) use of centralized delivery locations;
(I) designated freight vehicle parking and staging areas;
(J) curb space management; and
(K) other projects, as determined appropriate by the Secretary.
(3) AWARD PRIORITIZATION.—
(A) IN GENERAL.—In providing funds set aside under this section, the Sec-
retary shall prioritize applicants serving urbanized areas, as described in
subsection (c), that are experiencing a high degree of recurrent congestion
due to freight transportation, as determined by the Secretary.
(B) ADDITIONAL CONSIDERATIONS.—In providing funds set aside under
this subsection, the Secretary shall consider the extent to which the pro-
posed project—
(i) reduces freight-related traffic congestion and improves the reli-
ability of the freight transportation system;
(ii) mitigates the adverse impacts of freight-related traffic congestion
on the surface transportation system, including safety and environ-
mental impacts;
(iii) maximizes the use of existing capacity;
(iv) employs innovative, integrated, and multimodal solutions to the
items described in clauses (i) through (iii);
(v) leverages Federal funds with non-Federal contributions; and
(vi) integrates regional multimodal transportation management and
operational projects that address both passenger and freight congestion.
(4) FLEXIBILITY.—If the Secretary determines that there are insufficient quali-
fied applicants to use the funds set aside under this subsection, the Secretary
may use such funds for grants for any projects eligible under this section.
(j) REPORT.—
(1) RECIPIENT REPORT.—The Secretary shall ensure that not later than 2
years after the Secretary awards grants under this section, the recipient of each
such grant submits to the Secretary a report that contains—
(A) information on each activity or project that received funding under
this section;
(B) a summary of any non-Federal resources leveraged by a grant under
this section;
(C) any statistics, measurements, or quantitative assessments that dem-
onstrate the congestion reduction, reliability, safety, and environmental
benefits achieved through activities or projects that received funding under
this section; and
(D) any additional information required by the Secretary.
(2) REPORT TO CONGRESS.—Not later than 9 months after the date specified
in paragraph (1), the Secretary shall submit to the Committee on Transpor-
tation and Infrastructure of the House of Representatives and the Committee
on Environment and Public Works, the Committee on Commerce, Science, and
Transportation, and the Committee on Banking, Housing, and Urban Affairs of
the Senate, and make publicly available on a website, a report detailing—
(A) a summary of any information provided under paragraph (1); and
(B) recommendations and best practices to—
(i) reduce traffic congestion, including freight-related traffic conges-
tion, and improve the reliability of the surface transportation system;
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(ii) mitigate the adverse impacts of traffic congestion, including
freight-related traffic congestion, on the surface transportation system,
including safety and environmental impacts; and
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(iii) employ innovative, integrated, and multimodal solutions to the
items described in clauses (i) and (ii).
(k) NOTIFICATION.—Not later than 3 business days before awarding a grant under
this section, the Secretary shall notify the Committee on Transportation and Infra-
structure of the House of Representatives and the Committee on Environment and
Public Works, the Committee on Commerce, Science, and Transportation, and the
Committee on Banking, Housing, and Urban Affairs of the Senate of the intention
to award such a grant.
(l) TREATMENT OF PROJECTS.—
(1) FEDERAL REQUIREMENTS.—The Secretary shall, with respect to a project
funded by a grant under this section, apply—
(A) the requirements of title 23, United States Code, to a highway project;
(B) the requirements of chapter 53 of title 49, United States Code, to a
public transportation project; and
(C) the requirements of section 22905 of title 49, United States Code, to
a passenger rail or freight rail project.
(2) MULTIMODAL PROJECTS.—
(A) IN GENERAL.—Except as otherwise provided in this paragraph, if an
eligible project is a multimodal project, the Secretary shall—
(i) determine the predominant modal component of the project; and
(ii) apply the applicable requirements of such predominant modal
component to the project.
(B) EXCEPTIONS.—
(i) PASSENGER OR FREIGHT RAIL COMPONENT.—For any passenger or
freight rail component of a project, the requirements of section
22907(j)(2) of title 49, United States Code, shall apply.
(ii) PUBLIC TRANSPORTATION COMPONENT.—For any public transpor-
tation component of a project, the requirements of section 5333 of title
49, United States Code, shall apply.
(C) BUY AMERICA.—In applying the Buy American requirements under
section 313 of title 23, United States Code, and sections 5320, 22905(a), and
24305(f) of title 49, United States Code, to a multimodal project under this
paragraph, the Secretary shall—
(i) consider the various modal components of the project; and
(ii) seek to maximize domestic jobs.
(3) FEDERAL-AID HIGHWAY REQUIREMENTS.—Notwithstanding any other provi-
sion of this subsection, the Secretary shall require recipients of grants under
this section to comply with subsection (a) of section 113 of title 23, United
States Code, with respect to public transportation projects, passenger rail
projects, and freight rail projects, in the same manner that recipients of grants
are required to comply with such subsection for construction work performed on
highway projects on Federal-aid highways.
(m) TREATMENT OF FUNDS.—Except as provided in subsection (l), funds authorized
for the purposes described in this section shall be available for obligation in the
same manner as if the funds were apportioned under chapter 1 of title 23, United
States Code.
SEC. 1307. REBUILD RURAL GRANT PROGRAM.
(a) ESTABLISHMENT.—The Secretary of Transportation shall establish a rebuild
rural grant program to improve the safety, state of good repair, and connectivity of
transportation infrastructure in rural communities.
(b) GRANT AUTHORITY.—
(1) IN GENERAL.—In carrying out the program established in subsection (a),
the Secretary shall make grants, on a competitive basis, in accordance with this
section.
(2) GRANT AMOUNT.—A grant made under this program shall be for no more
than $25,000,000.
(c) ELIGIBLE APPLICANTS.—The Secretary may make a grant under this section
to—
(1) a State;
(2) a metropolitan planning organization or a regional transportation plan-
ning organization;
(3) a unit of local government;
(4) a Federal land management agency;
(5) a Tribal government or a consortium of Tribal governments;
(6) a territory; and
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(7) a multijurisdictional group of entities described in this subsection.
(d) APPLICATIONS.—To be eligible for a grant under this section, an entity speci-
fied under subsection (c) shall submit to the Secretary an application in such form,
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at such time, and containing such information as the Secretary determines is appro-
priate.
(e) ELIGIBLE PROJECTS.—The Secretary shall provide grants under this section to
projects eligible under title 23, United States Code, including projects on and off the
Federal-aid highway system, that improve safety, state of good repair, or
connectivity in a rural community, including projects to—
(1) improve transportation safety, including projects on high-risk rural roads
and on Federal lands;
(2) improve state of good repair, including projects to repair and rehabilitate
bridges on and off the Federal-aid highway system;
(3) provide or increase access to jobs and services;
(4) provide or increase access to—
(A) a grain elevator;
(B) an agricultural facility;
(C) a mining facility;
(D) a forestry facility;
(E) an intermodal facility;
(F) travel or tourism destinations; or
(G) any other facility that supports the economy of a rural community;
and
(5) reduce vehicle-wildlife collisions and improve habitat connectivity.
(f) ELIGIBLE PROJECT COSTS.—Grant amounts for a project under this section may
be used for—
(1) development phase activities, including planning, feasibility analysis, rev-
enue forecasting, environmental review, preliminary engineering and design
work, and other preconstruction activities; and
(2) construction, reconstruction, rehabilitation, acquisition of real property (in-
cluding land related to the project and improvements to the land), environ-
mental mitigation, construction contingencies, acquisition of equipment, and
operational improvements.
(g) FEDERAL SHARE.—
(1) IN GENERAL.—The share of the cost of a project provided with a grant
under this section may not exceed 80 percent of the total cost of such project.
(2) MAXIMUM FEDERAL ASSISTANCE.—Federal assistance other than a grant
under this section may be used to satisfy up to 100 percent of the total cost
of such project.
(h) PRIORITY.—In making grants under this section, the Secretary shall prioritize
projects that address—
(1) significant transportation safety challenges;
(2) state of good repair challenges that pose safety risks or risks to a local
economy;
(3) economic development challenges;
(4) connectivity challenges that limit access to jobs or services; and
(5) coordination of projects in the highway right-of-way with proposed
broadband service infrastructure needs.
(i) NOTIFICATION.—Not later than 3 business days before awarding a grant under
this section, the Secretary of Transportation shall notify the Committee on Trans-
portation and Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate of the intention to award such a
grant.
(j) TREATMENT OF PROJECTS.—Notwithstanding any other provision of law, a
project carried out under this section shall be treated as if the project is located on
a Federal-aid highway.
(k) DEFINITION OF RURAL COMMUNITY.—In this section, the term ‘‘rural commu-
nity’’ means an area that is not an urbanized area, as such term is defined in sec-
tion 101(a) of title 23, United States Code.
SEC. 1308. PARKING FOR COMMERCIAL MOTOR VEHICLES.
(a) ESTABLISHMENT.—The Secretary of Transportation shall establish a program
under which the Secretary shall make grants, on a competitive basis, to eligible en-
tities to address the shortage of parking for commercial motor vehicles to improve
the safety of commercial motor vehicle operators.
(b) APPLICATIONS.—To be eligible for a grant under this section, an eligible entity
shall submit to the Secretary an application in such form, at such time, and con-
taining such information as the Secretary may require.
(c) ELIGIBLE PROJECTS.—Projects eligible under this section are projects that—
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(1) construct safety rest areas that include parking for commercial motor ve-
hicles;
(2) construct commercial motor vehicle parking facilities—
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(A) adjacent to private commercial truckstops and travel plazas;
(B) within the boundaries of, or adjacent to, a publicly owned freight facil-
ity, including a port terminal operated by a public authority; and
(C) at existing facilities, including inspection and weigh stations and
park-and-ride locations;
(3) open existing weigh stations, safety rest areas, and park-and-ride facilities
to commercial motor vehicle parking;
(4) facilitate access to publicly and privately provided commercial motor vehi-
cle parking, such as through the use of intelligent transportation systems;
(5) construct turnouts along a Federal-aid highway for commercial motor ve-
hicles;
(6) make capital improvements to public commercial motor vehicle parking fa-
cilities that are closed on a seasonal basis to allow the facilities to remain open
year-round;
(7) open existing commercial motor vehicle chain-up areas that are closed on
a seasonal basis to allow the facilities to remain open year-round for commercial
motor vehicle parking;
(8) address commercial motor vehicle parking and layover needs in emer-
gencies that strain the capacity of existing publicly and privately provided com-
mercial motor vehicle parking; and
(9) make improvements to existing commercial motor vehicle parking facili-
ties, including advanced truckstop electrification systems.
(d) USE OF FUNDS.—
(1) IN GENERAL.—An eligible entity may use a grant under this section for—
(A) development phase activities, including planning, feasibility analysis,
benefit-cost analysis, environmental review, preliminary engineering and
design work, and other preconstruction activities necessary to advance a
project described in subsection (c); and
(B) construction and operational improvements, as such terms are defined
in section 101 of title 23, United States Code.
(2) PRIVATE SECTOR PARTICIPATION.—An eligible entity that receives a grant
under this section may partner with a private entity to carry out an eligible
project under this section.
(3) LIMITATION.—Not more than 10 percent of the amounts made available to
carry out this section may be used to promote the availability of existing com-
mercial motor vehicle parking.
(e) SELECTION CRITERIA.—In making grants under this section, the Secretary shall
consider—
(1) in the case of construction of new commercial motor vehicle parking capac-
ity, the shortage of public and private commercial motor vehicle parking near
the project; and
(2) the extent to which each project—
(A) would increase commercial motor vehicle parking capacity or utiliza-
tion;
(B) would facilitate the efficient movement of freight;
(C) would improve safety, traffic congestion, and air quality;
(D) is cost effective; and
(E) reflects consultation with motor carriers, commercial motor vehicle
operators, and private providers of commercial motor vehicle parking.
(f) NOTIFICATION OF CONGRESS.—Not later than 3 business days before announc-
ing a project selected to receive a grant under this section, the Secretary of Trans-
portation shall notify the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Environment and Public Works of
the Senate of the intention to award such a grant.
(g) TREATMENT OF FUNDS.—
(1) TREATMENT OF PROJECTS.—Notwithstanding any other provision of law,
any project funded by a grant under this section shall be treated as a project
on a Federal-aid highway under chapter 1 of title 23, United States Code.
(2) FEDERAL SHARE.—The Federal share of the cost of a project under this sec-
tion shall be determined in accordance with subsections (b) and (c) of section
120 of title 23, United States Code.
(h) PROHIBITION ON CHARGING FEES.—To be eligible for a grant under this section,
an eligible entity shall certify that no fees will be charged for the use of a project
assisted with such grant.
(i) AMENDMENT TO MAP–21.—Section 1401(c)(1) of MAP–21 (23 U.S.C. 137 note)
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is amended—
(1) by inserting ‘‘and private providers of commercial motor vehicle parking’’
after ‘‘personnel’’; and
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(2) in subparagraph (A) by striking ‘‘the capability of the State to provide’’
and inserting ‘‘the availability of’’.
(j) SURVEY; COMPARATIVE ASSESSMENT; REPORT.—
(1) UPDATE.—Not later than 2 years after the date of enactment of this Act,
the Secretary shall update the survey of each State required under section
1401(c)(1) of the MAP–21 (23 U.S.C. 137 note).
(2) REPORT.—Not later than 1 year after the deadline under paragraph (1),
the Secretary shall publish on the website of the Department of Transportation
a report that—
(A) evaluates the availability of adequate parking and rest facilities for
commercial motor vehicles engaged in interstate transportation;
(B) evaluates the effectiveness of the projects funded under this section
in improving access to commercial motor vehicle parking; and
(C) reports on the progress being made to provide adequate commercial
motor vehicle parking facilities in the State.
(3) CONSULTATION.—The Secretary shall prepare the report required under
paragraph (2) in consultation with—
(A) relevant State motor carrier safety personnel;
(B) motor carriers and commercial motor vehicle operators; and
(C) private providers of commercial motor vehicle parking.
(k) DEFINITIONS.—In this section:
(1) COMMERCIAL MOTOR VEHICLE.—The term ‘‘commercial motor vehicle’’ has
the meaning given such term in section 31132 of title 49, United States Code.
(2) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means—
(A) a State;
(B) a metropolitan planning organization;
(C) a unit of local government;
(D) a political subdivision of a State or local government carrying out re-
sponsibilities relating to commercial motor vehicle parking; and
(E) a multistate or multijurisdictional group of entities described in sub-
paragraphs (A) through (D).
(3) SAFETY REST AREA.—The term ‘‘safety rest area’’ has the meaning given
such term in section 120(c) of title 23, United States Code.
SEC. 1309. ACTIVE TRANSPORTATION CONNECTIVITY GRANT PROGRAM.
(a) ESTABLISHMENT.—The Secretary of Transportation shall establish an active
transportation connectivity grant program to provide for safe and connected active
transportation facilities.
(b) GRANT AUTHORITY.—In carrying out the program established in subsection (a),
the Secretary shall make grants, on a competitive basis, in accordance with this sec-
tion.
(c) ELIGIBLE APPLICANTS.—The Secretary may make a grant under this section
to—
(1) a State;
(2) a metropolitan planning organization;
(3) a regional transportation authority;
(4) a unit of local government, including a county or multi-county special dis-
trict;
(5) a Federal land management agency;
(6) a natural resource or public land agency;
(7) a Tribal government or a consortium of Tribal governments;
(8) any local or regional governmental entity with responsibility for or over-
sight of transportation or recreational trails; and
(9) a multistate or multijurisdictional group of entities described in this sub-
section.
(d) APPLICATIONS.—To be eligible for a grant under this section, an entity speci-
fied under subsection (c) shall submit to the Secretary an application in such form,
at such time, and containing such information as the Secretary determines is appro-
priate.
(e) ELIGIBLE PROJECTS.—The Secretary shall provide grants under this section to
projects that improve the connectivity and the use of active transportation facili-
ties—
(1) including—
(A) active transportation networks;
(B) active transportation spines; and
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(C) planning related to the development of—
(i) active transportation networks;
(ii) active transportation spines; and
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(iii) complete streets plans to create a connected network of active
transportation facilities, including sidewalks, bikeways, or pedestrian
and bicycle trails; and
(2) that have—
(A) total project costs of not less than $15,000,000; or
(B) in the case of planning grants under subsection (f), a total cost of not
less than $100,000.
(f) PLANNING GRANTS.—Of the amounts made available to carry out this section,
the Secretary may use not more than 10 percent to provide planning grants to eligi-
ble applicants for activities under subsection (e)(1)(C).
(g) CONSIDERATIONS.—In making grants under this section, the Secretary shall
consider the extent to which—
(1) a project is likely to provide substantial additional opportunities for walk-
ing and bicycling, including through the creation of—
(A) active transportation networks connecting destinations within or be-
tween communities, including schools, workplaces, residences, businesses,
recreation areas, and other community areas; and
(B) active transportation spines connecting 2 or more communities, met-
ropolitan areas, or States;
(2) an applicant has adequately considered or will consider, including through
the opportunity for public comment, the environmental justice and equity im-
pacts of the project;
(3) the project would improve safety for vulnerable road users, including
through the use of complete street design policies or a safe system approach;
and
(4) a project integrates active transportation facilities with public transpor-
tation services, where available, to improve access to public transportation.
(h) LIMITATION.—
(1) IN GENERAL.—The share of the cost of a project assisted with a grant
under this section may not exceed 80 percent.
(2) MAXIMUM FEDERAL ASSISTANCE.—Federal assistance other than a grant
under this section may be used to satisfy up to 100 percent of the total project
cost.
(i) ELIGIBLE PROJECT COSTS.—Amounts made available for a project under this
section may be used for—
(1) development phase activities, including planning, feasibility analysis, rev-
enue forecasting, environmental review, preliminary engineering and design
work, and other preconstruction activities; and
(2) construction, reconstruction, rehabilitation, acquisition of real property (in-
cluding land related to the project and improvements to the land), environ-
mental mitigation, construction contingencies, acquisition of equipment, and
operational improvements.
(j) NOTIFICATION.—Not later than 3 business days before awarding a grant under
this section, the Secretary of Transportation shall notify the Committee on Trans-
portation and Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate of the intention to award such a
grant.
(k) TREATMENT OF PROJECTS.—Notwithstanding any other provision of law, a
project carried out under this section shall be treated in the manner described
under section 133(i) of title 23, United States Code.
(l) DEFINITIONS.—In this section:
(1) ACTIVE TRANSPORTATION.—The term ‘‘active transportation’’ means mobil-
ity options powered primarily by human energy, including bicycling and walk-
ing.
(2) ACTIVE TRANSPORTATION NETWORK.—The term ‘‘active transportation net-
work’’ means facilities built for active transportation, including sidewalks, bike-
ways, and pedestrian and bicycle trails, that connect destinations within a com-
munity, a metropolitan area, or on Federal lands.
(3) ACTIVE TRANSPORTATION SPINE.—The term ‘‘active transportation spine’’
means facilities built for active transportation, including sidewalks, bikeways,
and pedestrian and bicycle trails, that connect communities, metropolitan areas,
Federal lands, or States.
(4) SAFE SYSTEM APPROACH.—The term ‘‘safe system approach’’ has the mean-
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ing given such term in section 148(a) of title 23, United States Code.
(5) VULNERABLE ROAD USER.—The term ‘‘vulnerable road user’’ has the mean-
ing given such term in section 148(a) of title 23, United States Code.
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Subtitle D—Planning, Performance Management,
and Asset Management
SEC. 1401. METROPOLITAN TRANSPORTATION PLANNING.
Section 134 of title 23, United States Code, is amended—
(1) in subsection (a) by striking ‘‘resiliency needs while minimizing transpor-
tation-related fuel consumption and air pollution’’ and inserting ‘‘resilience and
climate change adaptation needs while reducing transportation-related fuel con-
sumption, air pollution, and greenhouse gas emissions’’;
(2) in subsection (b)—
(A) by redesignating paragraphs (6) and (7) as paragraphs (7) and (8), re-
spectively; and
(B) by inserting after paragraph (5) the following:
‘‘(6) STIP.—The term ‘STIP’ means a statewide transportation improvement
program developed by a State under section 135(g).’’;
(3) in subsection (c)—
(A) in paragraph (1) by striking ‘‘and transportation improvement pro-
grams’’ and inserting ‘‘and TIPs’’; and
(B) by adding at the end the following:
‘‘(4) CONSIDERATION.—In developing the plans and TIPs, metropolitan plan-
ning organizations shall consider direct and indirect emissions of greenhouse
gases.’’;
(4) in subsection (d)—
(A) in paragraph (2) by striking ‘‘Not later than 2 years after the date
of enactment of MAP–21, each’’ and inserting ‘‘Each’’;
(B) in paragraph (3) by adding at the end the following:
‘‘(D) CONSIDERATIONS.—
‘‘(i) EQUITABLE AND PROPORTIONAL REPRESENTATION.—In designating
officials or representatives under paragraph (2), the metropolitan plan-
ning organization shall consider the equitable and proportional rep-
resentation of the population of the metropolitan planning area.
‘‘(ii) SAVINGS CLAUSE.—Nothing in this paragraph shall require a
metropolitan planning organization in existence on the date of enact-
ment of this subparagraph to be restructured.
‘‘(iii) REDESIGNATION.—Notwithstanding clause (ii), the requirements
of this paragraph shall apply to any metropolitan planning organiza-
tion redesignated under paragraph (6).’’;
(C) in paragraph (6)(B) by striking ‘‘paragraph (2)’’ and inserting ‘‘para-
graphs (2) or (3)(D)’’; and
(D) in paragraph (7)—
(i) by striking ‘‘an existing metropolitan planning area’’ and inserting
‘‘an urbanized area’’; and
(ii) by striking ‘‘the existing metropolitan planning area’’ and insert-
ing ‘‘the area’’;
(5) in subsection (g)—
(A) in paragraph (1) by striking ‘‘a metropolitan area’’ and inserting ‘‘an
urbanized area’’;
(B) in paragraph (2) by striking ‘‘MPOS’’ and inserting ‘‘METROPOLITAN
PLANNING AREAS’’;
(C) in paragraph (3)(A) by inserting ‘‘emergency response and evacuation,
climate change adaptation and resilience,’’ after ‘‘disaster risk reduction,’’;
and
(D) by adding at the end the following:
‘‘(4) COORDINATION BETWEEN MPOS.—
‘‘(A) IN GENERAL.—If more than 1 metropolitan planning organization is
designated within an urbanized area under subsection (d)(7), the metropoli-
tan planning organizations designated within the area shall ensure, to the
maximum extent practicable, the consistency of any data used in the plan-
ning process, including information used in forecasting transportation de-
mand.
‘‘(B) SAVINGS CLAUSE.—Nothing in this paragraph requires metropolitan
planning organizations designated within a single urbanized area to jointly
develop planning documents, including a unified long-range transportation
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plan or unified TIP.’’;
(6) in subsection (h)(1)—
(A) by striking subparagraph (E) and inserting the following:
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‘‘(E) protect and enhance the environment, promote energy conservation,
reduce greenhouse gas emissions, improve the quality of life and public
health, and promote consistency between transportation improvements and
State and local planned growth and economic development patterns, includ-
ing housing and land use patterns;’’;
(B) in subparagraph (I)—
(i) by inserting ‘‘, sea level rise, extreme weather, and climate
change’’ after ‘‘stormwater’’; and
(ii) by striking ‘‘and’’ at the end;
(C) by redesignating subparagraph (J) as subparagraph (M); and
(D) by inserting after subparagraph (I) the following:
‘‘(J) facilitate emergency management, response, and evacuation and haz-
ard mitigation;
‘‘(K) improve the level of transportation system access;
‘‘(L) support inclusive zoning policies and land use planning practices
that incentivize affordable, elastic, and diverse housing supply, facilitate
long-term economic growth by improving the accessibility of housing to jobs,
and prevent high housing costs from displacing economically disadvantaged
households; and’’;
(7) in subsection (h)(2) by striking subparagraph (A) and inserting the fol-
lowing:
‘‘(A) IN GENERAL.—Through the use of a performance-based approach,
transportation investment decisions made as a part of the metropolitan
transportation planning process shall support the national goals described
in section 150(b), the achievement of metropolitan and statewide targets es-
tablished under section 150(d), the improvement of transportation system
access (consistent with section 150(f)), and the general purposes described
in section 5301 of title 49.’’;
(8) in subsection (i)—
(A) in paragraph (2)(D)(i) by inserting ‘‘reduce greenhouse gas emissions
and’’ before ‘‘restore and maintain’’;
(B) in paragraph (2)(G) by inserting ‘‘and climate change’’ after ‘‘infra-
structure to natural disasters’’;
(C) in paragraph (2)(H) by inserting ‘‘greenhouse gas emissions,’’ after
‘‘pollution,’’;
(D) in paragraph (5)—
(i) in subparagraph (A) by inserting ‘‘air quality, public health, hous-
ing, transportation, resilience, hazard mitigation, emergency manage-
ment,’’ after ‘‘conservation,’’; and
(ii) by striking subparagraph (B) and inserting the following:
‘‘(B) ISSUES.—The consultation shall involve, as appropriate, comparison
of transportation plans to other relevant plans, including, if available—
‘‘(i) State conservation plans or maps; and
‘‘(ii) inventories of natural or historic resources.’’; and
(E) by amending paragraph (6)(C) to read as follows:
‘‘(C) METHODS.—
‘‘(i) IN GENERAL.—In carrying out subparagraph (A), the metropolitan
planning organization shall, to the maximum extent practicable—
‘‘(I) hold any public meetings at convenient and accessible loca-
tions and times;
‘‘(II) employ visualization techniques to describe plans; and
‘‘(III) make public information available in electronically acces-
sible format and means, such as the internet, as appropriate to af-
ford reasonable opportunity for consideration of public information
under subparagraph (A).
‘‘(ii) ADDITIONAL METHODS.—In addition to the methods described in
clause (i), in carrying out subparagraph (A), the metropolitan planning
organization shall, to the maximum extent practicable—
‘‘(I) use virtual public involvement, social media, and other web-
based tools to encourage public participation and solicit public feed-
back; and
‘‘(II) use other methods, as appropriate, to further encourage
public participation of historically underrepresented individuals in
the transportation planning process.’’;
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(9) in subsection (j) by striking ‘‘transportation improvement program’’ and in-
serting ‘‘TIP’’ each place it appears; and
(10) by striking ‘‘Federally’’ each place it appears and inserting ‘‘federally’’.
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SEC. 1402. STATEWIDE AND NONMETROPOLITAN TRANSPORTATION PLANNING.
Section 135 of title 23, United States Code, is amended—
(1) in subsection (a)—
(A) in paragraph (1) by striking ‘‘statewide transportation improvement
program’’ and inserting ‘‘STIP’’;
(B) in paragraph (2)—
(i) by striking ‘‘The statewide transportation plan and the’’ and in-
serting the following:
‘‘(A) IN GENERAL.—The statewide transportation plan and the’’;
(ii) by striking ‘‘transportation improvement program’’ and inserting
‘‘STIP’’; and
(iii) by adding at the end the following:
‘‘(B) CONSIDERATION.—In developing the statewide transportation plans
and STIPs, States shall consider direct and indirect emissions of green-
house gases.’’; and
(C) in paragraph (3) by striking ‘‘transportation improvement program’’
and inserting ‘‘STIP’’;
(2) in subsection (d)—
(A) in paragraph (1)—
(i) in subparagraph (E)—
(I) by inserting ‘‘reduce greenhouse gas emissions,’’ after ‘‘pro-
mote energy conservation,’’;
(II) by inserting ‘‘and public health’’ after ‘‘improve the quality of
life’’; and
(III) by inserting ‘‘, including housing and land use patterns’’
after ‘‘economic development patterns’’;
(ii) in subparagraph (I)—
(I) by inserting ‘‘, sea level rise, extreme weather, and climate
change’’ after ‘‘mitigate stormwater’’; and
(II) by striking ‘‘and’’ after the semicolon;
(iii) by redesignating subparagraph (J) as subparagraph (M); and
(iv) by inserting after subparagraph (I) the following:
‘‘(J) facilitate emergency management, response, and evacuation and haz-
ard mitigation;
‘‘(K) improve the level of transportation system access;
‘‘(L) support inclusive zoning policies and land use planning practices
that incentivize affordable, elastic, and diverse housing supply, facilitate
long-term economic growth by improving the accessibility of housing to jobs,
and prevent high housing costs from displacing economically disadvantaged
households; and’’;
(B) in paragraph (2)—
(i) by striking subparagraph (A) and inserting the following:
‘‘(A) IN GENERAL.—Through the use of a performance-based approach,
transportation investment decisions made as a part of the statewide trans-
portation planning process shall support—
‘‘(i) the national goals described in section 150(b);
‘‘(ii) the consideration of transportation system access (consistent
with section 150(f));
‘‘(iii) the achievement of statewide targets established under section
150(d); and
‘‘(iv) the general purposes described in section 5301 of title 49.’’; and
(ii) in subparagraph (D) by striking ‘‘statewide transportation im-
provement program’’ and inserting ‘‘STIP’’; and
(C) in paragraph (3) by striking ‘‘statewide transportation improvement
program’’ and inserting ‘‘STIP’’;
(3) in subsection (e)(3) by striking ‘‘transportation improvement program’’ and
inserting ‘‘STIP’’;
(4) in subsection (f)—
(A) in paragraph (2)(D)—
(i) in clause (i) by inserting ‘‘air quality, public health, housing,
transportation, resilience, hazard mitigation, emergency management,’’
after ‘‘conservation,’’; and
(ii) by amending clause (ii) to read as follows:
‘‘(ii) COMPARISON AND CONSIDERATION.—Consultation under clause (i)
shall involve the comparison of transportation plans to other relevant
plans and inventories, including, if available—
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‘‘(I) State and tribal conservation plans or maps; and
‘‘(II) inventories of natural or historic resources.’’;
(B) in paragraph (3)(B)—
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(i) by striking ‘‘In carrying out’’ and inserting the following:
‘‘(i) IN GENERAL.—in carrying out’’;
(ii) by redesignating clauses (i) through (iv) as subclauses (I) through
(IV), respectively; and
(iii) by adding at the end the following:
‘‘(ii) ADDITIONAL METHODS.—In addition to the methods described in
clause (i), in carrying out subparagraph (A), the State shall, to the
maximum extent practicable—
‘‘(I) use virtual public involvement, social media, and other web-
based tools to encourage public participation and solicit public feed-
back; and
‘‘(II) use other methods, as appropriate, to further encourage
public participation of historically underrepresented individuals in
the transportation planning process.’’;
(C) in paragraph (4)(A) by inserting ‘‘reduce greenhouse gas emissions
and’’ after ‘‘potential to’’; and
(D) in paragraph (8) by inserting ‘‘greenhouse gas emissions,’’ after ‘‘pollu-
tion,’’;
(5) in subsection (g)—
(A) in paragraph (1)(A) by striking ‘‘statewide transportation improve-
ment program’’ and inserting ‘‘STIP’’;
(B) in paragraph (3) by striking ‘‘operators),,’’ and inserting ‘‘operators),’’;
(C) in paragraph (4) by striking ‘‘statewide transportation improvement
program’’ and inserting ‘‘STIP’’ each place it appears;
(D) in paragraph (5)—
(i) in subparagraph (A) by striking ‘‘transportation improvement pro-
gram’’ and inserting ‘‘STIP’’;
(ii) in subparagraph (B)(ii) by striking ‘‘metropolitan transportation
improvement program’’ and inserting ‘‘TIP’’;
(iii) in subparagraph (C) by striking ‘‘transportation improvement
program’’ and inserting ‘‘STIP’’ each place it appears;
(iv) in subparagraph (E) by striking ‘‘transportation improvement
program’’ and inserting ‘‘STIP’’;
(v) in subparagraph (F)(i) by striking ‘‘transportation improvement
program’’ and inserting ‘‘STIP’’ each place it appears;
(vi) in subparagraph (G)(ii) by striking ‘‘transportation improvement
program’’ and inserting ‘‘STIP’’; and
(vii) in subparagraph (H) by striking ‘‘transportation improvement
program’’ and inserting ‘‘STIP’’;
(E) in paragraph (6)—
(i) in subparagraph (A)—
(I) by striking ‘‘transportation improvement program’’ and insert-
ing ‘‘STIP’’; and
(II) by striking ‘‘and projects carried out under the bridge pro-
gram or the Interstate maintenance program’’; and
(ii) in subparagraph (B)—
(I) by striking ‘‘or under the bridge program or the Interstate
maintenance program’’;
(II) by striking ‘‘5310, 5311, 5316, and 5317’’ and inserting ‘‘5310
and 5311’’; and
(III) by striking ‘‘statewide transportation improvement program’’
and inserting ‘‘STIP’’;
(F) in paragraph (7)—
(i) in the heading by striking ‘‘TRANSPORTATION IMPROVEMENT PRO-
GRAM’’ and inserting ‘‘STIP’’; and
(ii) by striking ‘‘transportation improvement program’’ and inserting
‘‘STIP’’;
(G) in paragraph (8) by striking ‘‘statewide transportation plans and pro-
grams’’ and inserting ‘‘statewide transportation plans and STIPs’’; and
(H) in paragraph (9) by striking ‘‘transportation improvement program’’
and inserting ‘‘STIP’’;
(6) in subsection (h)(2)(A) by striking ‘‘Not later than 5 years after the date
of enactment of the MAP–21,’’ and inserting ‘‘Not less frequently than once
every 4 years,’’;
(7) in subsection (k) by striking ‘‘transportation improvement program’’ and
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inserting ‘‘STIP’’ each place it appears; and
(8) in subsection (m) by striking ‘‘transportation improvement programs’’ and
inserting ‘‘STIPs’’.
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SEC. 1403. NATIONAL GOALS AND PERFORMANCE MANAGEMENT MEASURES.
(a) IN GENERAL.—Section 150 of title 23, United States Code, is amended—
(1) in subsection (b)—
(A) by redesignating paragraph (7) as paragraph (8); and
(B) by inserting after paragraph (6) the following:
‘‘(7) COMBATING CLIMATE CHANGE.—To reduce carbon dioxide and other green-
house gas emissions and reduce the climate impacts of the transportation sys-
tem.’’;
(2) in subsection (c)—
(A) in paragraph (1) by striking ‘‘Not later than 18 months after the date
of enactment of the MAP–21, the Secretary’’ and inserting ‘‘The Secretary’’;
and
(B) by adding at the end the following:
‘‘(7) GREENHOUSE GAS EMISSIONS.—The Secretary shall establish, in consulta-
tion with the Administrator of the Environmental Protection Agency, measures
for States to use to assess—
‘‘(A) carbon dioxide emissions per capita on public roads; and
‘‘(B) any other greenhouse gas emissions per capita on public roads that
the Secretary determines to be appropriate.’’;
(3) in subsection (d)—
(A) in paragraph (1)—
(i) by striking ‘‘Not later than 1 year after the Secretary has promul-
gated the final rulemaking under subsection (c), each’’ and inserting
‘‘Each’’; and
(ii) by striking ‘‘and (6)’’ and inserting ‘‘(6), and (7)’’; and
(B) by adding at the end the following:
‘‘(3) REGRESSIVE TARGETS.—
‘‘(A) IN GENERAL.—A State may not establish a regressive target for the
measures described under paragraph (4) or paragraph (7) of subsection (c).
‘‘(B) REGRESSIVE TARGET DEFINED.—In this paragraph, the term ‘regres-
sive target’ means a target that fails to demonstrate constant or improved
performance for a particular measure.’’;
(4) in subsection (e)—
(A) by striking ‘‘Not later than 4 years after the date of enactment of the
MAP–21 and biennially thereafter, a’’ and inserting ‘‘A’’; and
(B) by inserting ‘‘biennial’’ after ‘‘the Secretary a’’; and
(5) by adding at the end the following:
‘‘(f) TRANSPORTATION SYSTEM ACCESS.—
‘‘(1) IN GENERAL.—The Secretary shall establish measures for States and met-
ropolitan planning organizations to use to assess the level of safe, reliable, and
convenient transportation system access to—
‘‘(A) employment; and
‘‘(B) services.
‘‘(2) CONSIDERATIONS.—The measures established pursuant to paragraph (1)
shall include the ability for States and metropolitan planning organizations to
assess—
‘‘(A) the change in the level of transportation system access for various
modes of travel, including connection to other modes of transportation, that
would result from new transportation investments;
‘‘(B) the level of transportation system access for economically disadvan-
taged communities, including to affordable housing; and
‘‘(C) the extent to which transportation access is impacted by zoning poli-
cies and land use planning practices that effect the affordability, elasticity,
and diversity of the housing supply.
‘‘(3) DEFINITION OF SERVICES.—In this subsection, the term ‘services’ includes
healthcare facilities, child care, education and workforce training, food sources,
banking and other financial institutions, and other retail shopping establish-
ments.’’.
(b) METROPOLITAN TRANSPORTATION PLANNING.—Section 134 of title 23, United
States Code, is further amended—
(1) in subsection (j)(2)(D)—
(A) by striking ‘‘PERFORMANCE TARGET ACHIEVEMENT’’ and inserting
‘‘PERFORMANCE MANAGEMENT’’;
(B) by striking ‘‘The TIP’’ and inserting the following:
‘‘(i) IN GENERAL.—The TIP’’; and
(C) by adding at the end the following:
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