No.	Project Name	City	State/Territory	Amount
1	Cowles Street Reconstruction	Fairbanks	AK	7,955,000
2	Replace Bridge 114.3	Anchorage	AK	6,421,200
3	Seldon Road Extension, Phase 2	Wasilla	AK	5,623,800
4	Alabama State Highway 77 Northbound Bridge Replacement Project	Southside	AL	2,396,200
5	Lighting and Landscaping on I–85 at Exit 57	Auburn	AL	1,840,000
6	Realignment of SR–22 to US–431	Roanoke	AL	8,005,000
7	Red Bay Interchange Lighting at SR–24 (Corr V) and SR–19	Red Bay	AL	860,000
8	Widening of Hwy 411	Moody	AL	509,000
9	Bridge Replacement on CR–39	Montgomery	AL	2,339,717
10	Bridge Replacement over Sipsey River	Greene and Pickens Counties	AL	3,296,963
11	Dallas County—Bridge Replacement on SR–14	Dallas County	AL	6,239,939
12	Resurfacing on US–43	Marengo County	AL	1,616,000
13	Resurfacing on US–84	Choctaw County	AL	1,616,000
14	Streetscape—Civil Rights District Freedom Trail	Birmingham	AL	2,000,000
15	Streetscape—Richard Arrington Blvd Safety Improvements	Birmingham	AL	1,969,664
16	Future I–57	Clay County	AR	20,000,000
17	56th Street Roadway Mobility and Safety Improvements	Phoenix	AZ	5,000,000
18	5th/6th Street Complete Streets Project	Tucson	AZ	7,000,000
				3,500,000
				3,500,000
19	77th Street Access Improvements	Scottsdale	AZ	1,102,748
20	Chino Road Extension Phase II	Douglas	AZ	2,910,000
21	Cool Pavement Program	Phoenix	AZ	3,200,000
22	Davis Road Mileposts 5 & 13	Tombstone and McNeal	AZ	4,000,000
23	Downtown Electric Vehicle Charging Stations	Phoenix	AZ	2,400,000
24	Drexel Road Extension and Bridge Project	Tucson	AZ	5,000,000
25	Electric Bus Infrastructure	Flagstaff	AZ	1,485,000
26	Flashing Yellow Arrow (FYA) Phase III	Glendale	AZ	800,000
27	Grand Canalscape Improvements Phase IV: 47th Avenue to Interstate 17	Phoenix	AZ	5,000,000
28	Highline Canal Recreational Path Lighting Replacement	Guadalupe	AZ	501,824
29	I–10, Loop 202 to SR 387	Phoenix	AZ	5,000,000
30	Intersection Safety Improvements at Six High-Crash Locations in Phoenix	Phoenix	AZ	5,760,000
31	Kyrene Branch Canal Shared Use Path	Chandler	AZ	1,758,000
32	Lone Tree Corridor	Flagstaff	AZ	8,000,000
33	Pathway Project, Baffert Dr to Nogales High School	Nogales	AZ	1,220,169
34	Peters Road Widening	Casa Grande	AZ	5,000,000
35	San Xavier Road Pedestrian Pathway Project	Tucson	AZ	814,000
36	Sonoran Corridor Tier II EIS	Tucson	AZ	5,000,000
37	South Campbell Avenue Complete Streets Project	Tucson	AZ	6,209,831
38	Tempe/Mesa Streetcar Rio Salado East Extension	Tempe and Mesa	AZ	4,000,000
39	Tucson Regional North-South Bus Rapid Transit (BRT) Corridor	Tucson	AZ	6,512,000
				3,256,000
				3,256,000
40	US89/ Lake Powell Blvd Roundabout	Page	AZ	5,000,000
				2,500,000
				2,500,000
41	California State Route 57/60 Confluence Chokepoint Relief Program	Diamond Bar	CA	18,000,000
42	Cohasset Road Widening and Fire Safety Project	Cohasset	CA	900,000
43	Commerce Center Drive Bridge, Los Angeles County	Unincorporated Los Angeles County	CA	3,666,666
44	Creating the Next-Generation Santa Ana Regional Transportation Center	Santa Ana	CA	1,280,000
45	First Avenue Bridges Replacement over Mojave River and Overflows	Barstow	CA	7,000,000
46	First Street Pedestrian Improvements	Santa Ana	CA	4,000,000
47	Fix 5 Cascade Gateway	Redding	CA	15,000,000
48	Harbor Boulevard Street Improvements	Garden Grove	CA	6,248,303
49	Intersection Safety Improvements Projects	Anaheim	CA	750,000
50	Interstate 10/Wildwood Canyon Road Interchange Project	Yucaipa	CA	1,000,000
51	Interstate 15 (I–15)/State Route 78 (SR–78) Managed Lanes Project	Escondido	CA	20,000,000
52	Interstate 15 Corridor Operations Project	Corona	CA	3,000,000
53	National Trail Highway Widening	Victorville	CA	5,000,000
54	Plant 42 Access and Safety Enhancements	Palmdale	CA	8,666,666
55	Quick Fix Circulation Improvement Project	Santa Clarita	CA	3,666,666
56	Roe Road Extension Project—Phase 1	Paradise	CA	1,800,000
57	Scott Road/Bundy Canyon Road Widening Project	Menifee	CA	12,000,000
58	Sequoia Avenue Railroad Grade Crossing Upgrade	Simi Valley	CA	4,000,000
59	Southgate Interchange (EIR Only)	Chico	CA	1,800,000
60	SR–210 5th Street Interchange	Highland	CA	3,000,000
61	State Route 41 Excelsior Corridor Project	Fresno County	CA	20,000,000
62	Temescal Canyon Road Widening Project (El Cerrito Segment)	Corona	CA	5,000,000
63	The Anaheim Way: Night Owl Transit Service	Anaheim	CA	650,000
64	Transit Security & Operations Center	Anaheim	CA	5,000,000
65	US395 Olancha-Cartago 4 Lane Project	Olancha, Cartago	CA	2,000,000
66	“I” Street Operating Maintenance Facility Rehabilitation Project	San Bernardino	CA	2,000,000
67	Street Resurfacing Project	Daly City	CA	1,000,000
68	5 and 134 Freeway Electric Vehicle DC Fast Charging Network	Burbank	CA	1,000,000
				500,000
				500,000
69	7th Street Bridge	Modesto	CA	6,500,000
70	ADA Curb-Ramp and Sidewalk Improvements	Long Beach	CA	1,450,000
71	Additional Mini Highs at Caltrain Stations	San Francisco, Burlingame, San Mateo, Belmont, Palo Alto, Mountain View, Sunnyvale, San Jose, Morgan Hill, San Martin, and Gilroy	CA	856,000
				306,000
				550,000
72	Agnew Siding Track Infrastructure Project	Santa Clara	CA	6,610,000
73	Alder Avenue Improvements at SR–210	Rialto	CA	2,380,000
74	Altadena Community Safe Routes to School Plan	Altadena	CA	480,000
75	Amar Road Complete Streets from Baldwin Park Boulevard to Unruh Avenue, Unincorporated West Puente Valley, CA	La Puente	CA	2,250,000
76	Anaheim Street Corridor Improvements	Long Beach	CA	12,000,000
77	Antioch Bicycle Garden	Antioch	CA	2,000,000
78	Appian Way Pedestrian Crossing Enhancements	El Sobrante	CA	2,000,000
79	Arcade-Cripple Creek Trail (formerly Electric Greenway Trail)	Citrus Heights and Orangevale	CA	1,100,000
80	Arrow Highway Median Island Installation Project from Azusa Avenue to Citrus Avenue	Azusa	CA	3,000,000
81	Arrow Highway Rehabilitation Project from East City Limit to West City Limit	San Dimas	CA	1,600,000
82	Artesia Great Boulevard	Long Beach	CA	8,000,000
83	At-grade Caltrain Crossing Safety Project—E. Bellevue Avenue and Villa Terrace	San Mateo	CA	3,000,000
84	Atlantic Avenue Improvements	Los Angeles	CA	5,200,000
85	Atwater-Merced Expressway (AME) Phase 1B Right of Way acquisition	Merced	CA	2,000,000
86	Azusa Avenue Pedestrian Handicap Accessibility & Signal Synchronization Improvements Project	West Covina	CA	3,000,000
87	Bay Bridge Forward – I–80/Powell Street Transit Access and I–80 Westbound Bus Lane Extension	Emeryville and Oakland	CA	3,000,000
88	Bay Trail at Shoreline Park	San Leandro	CA	3,000,000
89	Bay Trail Connectivity—Vista Point Bay Trail	Sausalito	CA	1,300,000
90	Belmont Alameda de las Pulgas Corridor Project	Belmont	CA	2,400,000
91	Beverly and Robertson Boulevards Complete Street Improvements	West Hollywood	CA	3,000,000
92	Boulder Creek Complete Streets Improvements Project	Boulder Creek	CA	1,500,000
93	Broadway Rehabilitation Project	Glendale	CA	2,008,000
94	Build a non-motorized multi-use path along State Route 1, connecting the communities of Morro Bay and Cayucos in San Luis Obispo County	Cayucos	CA	4,000,000
95	Bus/Rail Support Facilities and Equipment (Trolley Yard Expansion Project)	San Diego	CA	2,000,000
96	Cabrillo Mole Phase II	Avalon	CA	6,700,000
97	Caltrain Crossing Optimization Project	San Jose	CA	315,000
98	Camino Pablo Pathway Rehabilitation Project	Orinda	CA	528,000
99	Capital SouthEast Connector—Segment D3 Class 1 Multi-Use Path and Broadband	Folsom	CA	2,000,000
100	Central Avenue Safety Improvement Project – Additional Roundabout	Alameda	CA	1,800,000
101	Central Mobility Hub Pre-Construction Project	San Diego	CA	25,000,000
				12,500,000
				12,500,000
102	Chandler Blvd Bike Path Gap Closure	Los Angeles	CA	400,000
103	Chapman Avenue/Lamplighter Street Traffic Signal	Garden Grove	CA	400,000
104	Chip Seal Program	Lakeport	CA	2,288,000
105	City of Ojai Electric Trolley	Ojai	CA	440,000
106	City of San Fernando Fixed Trolley Service – Electric Buses	City of San Fernando	CA	1,340,000
107	City of San Fernando Sidewalk Repair Project	City of San Fernando	CA	844,800
108	City of Vista Sidewalk Improvement Project on Nevada Avenue and Lemon Avenue	Vista	CA	820,368
109	Community Beautification Project	Glendale	CA	2,400,000
110	Cool Neighborhood Projects	Los Angeles	CA	1,000,000
111	Covina Grade Crossing Safety Projects throughout Metrolink Corridor	Covina	CA	3,000,000
112	Cudahy Citywide Complete Streets Improvement Project	Cudahy	CA	1,700,000
113	CUFC—Washington Street Widening Project	Stockton	CA	1,200,000
114	Culver CityBus Fleet Electrification Facility Infrastructure	Culver City	CA	3,500,000
115	Del Amo Boulevard Bridge Replacement and Signal Enhancements Project	Cerritos	CA	18,000,000
116	Destination Crenshaw Streetscape Improvement Project	Los Angeles	CA	7,600,000
117	Downtown Mobility Phase 3A	San Diego	CA	5,600,000
118	Duarte—Donald & Bernice Watson Multi-Use Pathway Improvement Project	Duarte	CA	1,225,000
119	East Bayshore Road Safety Improvements	East Palo Alto	CA	1,000,000
120	East Los Angeles Community Mobility	Los Angeles	CA	800,000
121	East Oakland Hydrogen Fueling Upgrade	Oakland	CA	2,000,000
122	East San Fernando Valley Traffic Signals on the High Injury Network	Van Nuys and North Hollywood	CA	1,797,312
123	East San Fernando Valley Transit Corridor (ESFVTC) Transit-Oriented Community (TOC) Plan	Van Nuys, Arleta, Pacoima	CA	1,236,000
124	East San Fernando Valley Transit Corridor Project	City of San Fernando to Van Nuys	CA	10,000,000
125	East San Jose Corridor Safety Improvement Project	San Jose	CA	4,700,000
126	El Camino Real to Via De LaValle	San Diego	CA	2,500,000
127	El Cerrito del Norte Area TOD Complete Streets Improvements Project	El Cerrito	CA	2,244,000
128	Electric Vehicle Car Share Program	San Pedro	CA	120,650
129	Elm Avenue Road Diet Reconstruction and Class IV-Ventura/California to North Avenue	Fresno	CA	3,750,000
130	Embarcadero Station Platform Elevator Capacity and Redundancy Project	San Francisco	CA	6,250,000
131	Emerald Necklace Quarry Clasp Peck Park Trail	Arcadia	CA	1,548,800
132	Evelyn Avenue Multi-Use Trail	Sunnyvale	CA	3,800,000
133	Flint Canyon Trail Repair/Restoration	La Cañada Flintridge	CA	4,800,000
134	Florence A Line FLM Improvements	Los Angeles	CA	4,000,000
135	Francisquito Avenue Metrolink At-Grade Safety Improvements	Baldwin Park	CA	2,300,000
136	Gardena GTrans Zero-Emission Bus Project	Gardena	CA	4,400,000
137	Garfield Avenue Complete Streets	San Pedro	CA	1,500,000
138	Glendora People Movement	Glendora	CA	5,000,000
139	Gold Line Light Rail Low Floor Station Conversion	Folsom and Rancho Cordova	CA	1,913,788
140	Golden Gate Bridge Physical Suicide Deterrent System (SDS) Project	San Francisco	CA	6,550,000
141	Hale Avenue/Santa Teresa Expressway Extension Phase 2A	Morgan Hill	CA	800,000
142	Harbor Drive 2.0	San Diego and National City	CA	800,000
				400,000
				400,000
143	Hawthorne—120th Street Improvement Project	Hawthorne	CA	950,000
144	High Voltage Conversion Fed Program Unit 2	City of Los Angeles	CA	347,200
145	Highland Avenue and Wabash Avenue Intersection Improvement Project	Redlands	CA	400,000
146	Highway 1 North Bicycle/Pedestrian Improvements Project	Half Moon Bay	CA	1,000,000
147	Highway 116/West Cotati Intersection Safety Improvement Project	Cotati	CA	2,000,000
148	Highway 24 LaMorinda Smart Signal System project	Orinda and Lafayette	CA	2,000,000
149	Highway 9 Safety Improvement Project	Monte Sereno	CA	520,000
150	Highways to Boulevards	Los Angeles	CA	480,000
151	I Street Bridge Replacement Project	Sacramento and West Sacramento	CA	15,000,000
152	I–405 Sepulveda Pass (Phase 1) ExpressLanes	Los Angeles	CA	5,000,000
153	I–505 Vaca Valley Parkway Corridor Multimodal Improvements Project	Vacaville	CA	4,000,000
154	Inglewood Transit Connector (ITC)	Inglewood	CA	9,200,000
155	Interstate 15 Northern Extension (I–15 NEXT)	Jurupa Valley and Eastvale	CA	20,000,000
156	Jepson Parkway Vanden Road Complete Streets Project to Travis Air Force Base	Fairfield	CA	7,460,000
157	LA Streetcar Power Utility Relocations	Los Angeles	CA	2,000,000
158	Lawndale—Redondo Beach Blvd Project	Lawndale	CA	1,000,000
159	Leesdale Passing Siding Extension and Upgrade, Ventura County, CA	Camarillo	CA	6,000,000
160	Leucadia Streetscape Phase 2 (Shown in the TransNet as North Coast Highway 101 Beautification)	Encinitas	CA	4,000,000
161	Liberty Canyon (Crossing)	Agoura Hills	CA	5,000,000
162	Link Union Station	Los Angeles	CA	5,000,000
163	Los Nietos Sunshine Shuttle Electric Bus Replacement	Unincorporated Los Nietos	CA	480,000
164	LOSSAN Corridor Improvements	Del Mar	CA	12,500,000
165	Malaga Bridge Project	Fontana	CA	15,000,000
166	Market Avenue Complete Street	N. Richmond	CA	2,170,000
167	Melrose Avenue Complete Street Improvements	West Hollywood	CA	4,944,149
168	Metro Purple Line Beverly/Wilshire North Portal Project	City Beverly Hills	CA	5,000,000
169	Middle Avenue Pedestrian/Bicycle Rail Crossing Project	Menlo Park	CA	6,500,000
170	Mission Bl/ Pine St Safety Improvement Project	Fremont	CA	2,000,000
171	Mobility for All Project	N. Richmond and Bay Point	CA	2,000,000
172	Mobility Wallet Demonstration and Research Study	Los Angeles County	CA	4,000,000
173	Monroe Street Interchange Project	Indio	CA	20,000,000
174	Napa Valley Vine Trail—Yountville to St. Helena	St. Helena	CA	3,000,000
175	New Traffic Signal at Morrison and Sepulveda	Los Angeles	CA	710,000
176	New Traffic Signal at Plummer and White Oak Avenue	Los Angeles	CA	710,400
177	New Traffic Signal at Scott Creek Rd/ Zinfandel St	Fremont	CA	950,000
178	New Transit Maintenance Facility	Commerce	CA	2,000,000
179	North San Jose Bike Plan Implementation	San Jose	CA	3,838,348
180	Oakland 7th St Bike/Ped Improvements	Oakland	CA	2,500,000
181	Oakland Alameda Access Project	Oakland and Alameda	CA	2,996,000
182	Ojai Avenue Pedestrian Crossing Safety Lighting Improvements	Ojai	CA	440,000
183	Old I Street Bridge Deck Conversion for Active Transportation Project	West Sacramento	CA	4,150,000
184	Old Town Streetscape Phase 2	Elk Grove	CA	2,000,000
185	Olive/Magnolia Bridge Safety Barrier Rail Project	Burbank	CA	2,000,000
186	Otay Mesa Truck Route Phase 4	San Diego	CA	1,300,000
187	Overlook and Viewpoint Improvements to end of Mouth of Smith River Road	Smith River	CA	500,000
188	Pacific Coast Highway at Crenshaw Boulevard Intersection Capacity Enhancements	City of Torrance	CA	652,800
189	Parkway Drive and Merced Street Bicycle and Pedestrian Improvements	El Monte	CA	2,600,000
190	Pedestrian, ADA, Traffic Signal and Pavement Improvements along Bus Routes	Temple City	CA	6,200,000
191	Pine Avenue Extension	Chino	CA	5,000,000
192	Port of Hueneme Intermodal Improvement Project to Modernize the Port Wharf and Pier and Cargo Facilities	Oxnard	CA	3,000,000
193	Port of Oakland Solar, Battery Storage and Electric Vehicle Truck Charger Deployment	Oakland	CA	1,000,000
194	Puddingstone Drive Bicycle and Pedestrian Project	La Verne	CA	998,000
195	Purchase of eleven Battery-Electric Buses—SLORTA	San Luis Obispo	CA	5,000,000
196	Quint-Jerrold Connector Road	San Francisco	CA	7,200,000
197	Rail to Rail/River Active Transportation Corridor Project	Los Angeles	CA	5,000,000
198	Reche Canyon Road Alignment	Colton	CA	4,452,000
199	Replacement of 2nd Street Bridge over Warm Creek	San Bernardino	CA	2,000,000
200	Resilient State Route 37 Corridor Enhancement Program	Sonoma	CA	7,000,000
201	Richmond Parkway Transit Center and Freeway Access Improvements	Richmond	CA	1,000,000
202	San Fernando Road Bike Path Phase III	Sun Valley and North Hollywoood	CA	594,027
203	San Francisco Bay Area Rapid Transit (BART) Station Restroom and Lighting Enhancements	Oakland, San Leandro, Berkeley	CA	3,000,000
204	San Francisco Bay Area regional advance mitigation program	lameda, Contra Costa, and Santa Clara counties	CA	5,000,000
205	San Pablo Avenue Rehabilitation, City Limits to Pinole Shores	Pinole	CA	742,000
206	San Rafael Channel Crossing Swing Bridge	San Rafael	CA	2,000,000
207	Santa Cruz METRO Bus Replacements	Santa Cruz	CA	1,840,000
208	Santa Cruz Paratransit Vans Replacement Project	Santa Cruz	CA	505,750
209	Saratoga Pedestrian Walkway Project	Saratoga	CA	1,200,000
210	Scotts Creek Coastal Resiliency Project	Unincorporated Santa Cruz County north of Davenport	CA	3,500,000
211	Sepulveda Transit Corridor	City of Los Angeles	CA	10,000,000
				5,000,000
				5,000,000
212	Serramonte Boulevard and Serramonte Center Driveway Traffic Signal	Colma	CA	400,000
213	Sharp Park Priority Development Area (PDA) Access Resurfacing Project	Pacifica	CA	960,000
214	Slauson Avenue Congestion	Huntington Park	CA	1,000,000
215	SMART Russian River Rail Bridge Rehabilitation	Healdsburg	CA	13,606,840
216	Solar Energy Project (Phase 2)	Stockton	CA	5,300,000
217	SR 86 Improvement Project	Imperial	CA	3,000,000
218	SR128/I–505 Overcrossing (Br. 22–0110)/Russell Blvd Bicycle and Pedestrian Improvements	Winters	CA	8,540,000
219	State Route 11/Otay Mesa East Port of Entry	San Diego	CA	12,500,000
220	State Route 132 West Project	Modesto	CA	12,000,000
221	State Route 25 Expressway Conversion and State Route 25/156 Interchange Project	Hollister	CA	10,000,000
222	State Route 37 and Fairgrounds Drive Interchange Improvements	Vallejo	CA	4,000,000
223	State Route 99 Madera South—Operational Improvement Project	Madera	CA	10,000,000
224	Stockton Rail Maintenance Facility Expansion	Stockton	CA	6,715,000
225	Sustainable Mobility Expansion Project	Redlands	CA	1,756,630
226	Tarzana Crossing Great Streets Project	Tarzana—Los Angeles	CA	500,000
227	The Highway 101 Multimodal Corridor Project from Santa Barbara to Montecito with improvements on Highway 101 (SB–101–PM 9.1/12.3) and Adjacent Local Streets including the Cabrillo Boulevard Bicycle and Pedestrian Improvement Project	Santa Barbara	CA	11,000,000
228	Thornton Avenue Pavement Rehabilitation	Newark	CA	2,000,000
229	Torrance to Florence Bus Service	Torrance	CA	4,432,924
230	Track Rehabilitation of the San Bernardino Line	City of Rancho Cucamonga, California spanning to the City of Montclair, California including the cities of Rancho Cucamonga, Upland, and Montclair	CA	2,000,000
231	Traffic Signal System Upgrades on I–680 Project	Danville, Walnut Creek, Concord, Pleasant Hill	CA	6,000,000
232	Tri MyRide Fleet Expansion Project	Antioch	CA	1,760,000
				880,000
				880,000
233	TRI-CONNECT, SoCal Freight Initiative	Los Angeles	CA	3,357,895
234	U.S. 101 and Del Norte Boulevard Interchange	Oxnard	CA	3,000,000
235	Union Street Protected Bike Lanes	Pasadena	CA	1,600,000
236	US 101 / Woodside Interchange Improvement	Redwood City	CA	2,500,000
237	US 101 Safety Improvements—South of Salinas	Salinas and Chualar (Monterey County)	CA	2,000,000
238	US 101/SR 25 Interchange Phase 2—Santa Teresa Boulevard Extension	Gilroy	CA	5,000,000
239	US–101 Managed Lane Project North of I–380	San Mateo	CA	10,000,000
240	Valley Link—Implementation of Sustainability Blueprint	Livermore	CA	20,000,000
241	Vasco Road Safety Improvements Phase II	Byron	CA	3,905,000
242	Vermont Transit Corridor Improvements	Los Angeles	CA	10,000,000
				3,900,000
				6,100,000
243	Walnut Park Bus Stop Improvements	Walnut Park	CA	1,200,000
244	Walnut Park Pedestrian Plan Implementation	Walnut Park	CA	1,200,000
245	Warm Springs Grade Crossing Improvements	San Jose	CA	7,703,100
246	West Berkeley Bicycle and Pedestrian Improvements	Berkeley	CA	704,000
247	West San Jose Priority Bikeways Implementation Project	San Jose	CA	3,285,680
248	West Santa Ana Branch Transit Corridor	Los Angeles	CA	5,000,000
249	West Valley Connector Bus Rapid Transit—Phase 1, and Zero-Emission Bus Initiative	San Bernardino	CA	5,000,000
250	White Rock Road—0.5 Miles East of Rancho Cordova Parkway to the Easterly City Limits	Rancho Cordova	CA	12,307,000
251	Widen Central Ave to add new Class II Bike Lanes near U.S. 101 to the northwest city limits	Camarillo	CA	4,000,000
252	Wilmington Waterfront-Avalon Pedestrian Bridge	Wilmington	CA	1,000,000
253	Woodman Ave. Pedestrian Improvement Project	Panorama City	CA	3,256,591
254	Ygnacio Valley Road Project	Walnut Creek	CA	1,000,000
255	Yosemite Area Regional Transportation System	Merced	CA	2,250,000
256	Zero Emission Bus Replacements, Charging Infrastructure and Zero Emissions Job Training	Oxnard	CA	1,675,000
257	Zero Emission Buses and Charging Infrastructure	Wilmington	CA	5,000,000
258	Zero Emissions Bus Purchase—Pasadena, CA	Pasadena	CA	2,100,000
259	16th St Mall Reconstruction Program	Denver	CO	6,530,000
260	Aurora Bicycle and Pedestrian Master Plan Update	Aurora	CO	800,000
261	Big Barnes Ditch Trail Improvements	Loveland	CO	500,000
262	Cameron Peak Post-Fire Emergency Funding	Larimer County	CO	2,000,000
263	Central Corridor Rail Replacement	Denver	CO	7,930,000
264	CO 9 Widening from Iron Springs to Frisco	Summit County	CO	1,000,000
265	Easter/Havana Intersection Improvements	Centennial	CO	6,000,000
266	Eisenhower Johnson Memorial Tunnel (EJMT) Repairs and Upgrades	Dillon	CO	4,000,000
267	Expansion of Gun Club Road	Aurora	CO	1,500,000
268	Federal Parkway Multimodal Transportation Improvements	Westminster	CO	4,107,114
269	Frisco Transit Center	Frisco	CO	6,650,000
270	I–25 Valley Highway: Phases 3 and 4 ROW Acquisition	Denver	CO	5,530,000
271	I–25/Belleview Avenue Interchange Improvements	Greenwood Village	CO	10,000,000
272	I–70 and 32nd Ave. Bridge Replacement	Wheat Ridge	CO	2,000,000
273	SH–72 (Indiana St) Widening at UPRR	Arvada	CO	1,095,872
274	State Highway 119 and State Highway 52 Multimodal Intersection Improvements	Boulder County	CO	5,000,000
275	US 36 and Community Drive Roundabout	Estes Park	CO	850,000
276	Wadsworth Widening: 35th Avenue to I–70	Wheat Ridge	CO	10,000,000
277	West Colfax Pedestrian Safety and Infrastructure Project	Lakewood	CO	1,750,000
278	Branchville Transit Oriented Development Pedestrian/Bicycle Improvement	Ridgefield	CT	1,853,120
279	Comstock Brook Bridge (No. 04975) Replacement	Wilton	CT	2,400,000
280	Coventry Main Street Sidewalk Project Final Extension	Coventry	CT	1,200,000
281	CT–195 (Storrs Road) Pedestrian Safety Improvements	Mansfield	CT	2,240,000
282	East Haddam/Haddam Swing Bridge Rehabilitation Project	East Haddam	CT	5,000,000
283	Essex River Road Bridge and Sidewalk Project	Essex	CT	2,400,000
284	Five Mile River Bridge (No. 04152) Replacement	Norwalk	CT	2,860,000
285	Greater Hartford Mobility Study – Planning and Preliminary Engineering	Hartford and East Hartford	CT	16,000,000
286	Greenwich Creek Bridge (No. 01872) Replacement	Greenwich	CT	2,530,000
287	Harbor Brook Bridge (No. 04185) Replacement Project	Meriden	CT	2,800,000
288	Intersection Improvements on Route 39 at Beckerle Street and East Gate Road	Danbury	CT	3,332,000
289	Mill River Bridge (No. 04953) Replacement	Fairfield	CT	2,700,000
290	New Haven Downtown Crossing Phase 4 – Temple Street Crossing	New Haven	CT	20,000,000
291	New London Pedestrian Bridge and Public Access Project	New London	CT	4,860,000
292	Park Avenue Traffic Signals	Bridgeport	CT	2,686,000
293	Quinebaug River Trail – Plainfield Section	Plainfield	CT	2,179,953
294	Route 10 Hop Brook Bridge (No. 00653) Replacement Project	Simsbury	CT	2,400,000
295	Route 109 Bridge (No. 05417) Replacement Project	Morris	CT	1,520,000
296	Route 202 Intersection Improvement Project	Brookfield	CT	7,400,000
297	Route 25 Bridge (No. 06750) Rehabilitation	Trumbull	CT	1,464,000
298	Stamford Transportation Center Improvement	Stamford	CT	3,500,000
299	20 x 22 Protected Bike Lanes	Washington	DC	3,000,000
300	Arboretum Bridge and Trail	Washington	DC	4,000,000
301	Bus Priority Program	Washington	DC	4,000,000
302	H Street Bridge	Washington	DC	3,000,000
303	Metropolitan Branch Trail—Fort Totten to Takoma	Washington	DC	3,000,000
304	Pavement Restoration, National Highway Performance Program	Washington	DC	3,000,000
305	US 113/SR 20 Grade Separated Intersection	Millsboro	DE	10,000,000
306	West Camden Bypass	Camden	DE	10,000,000
307	Approach Road at Cecil Air and Space Port	Jacksonville	FL	600,000
308	Card Sound Bridge Replacement Planning and Design Project	Key Largo	FL	4,200,000
309	City of South Miami Pedestrian Bridge	South Miami	FL	4,330,000
310	Commodore Trail Missing Link	Miami / Coral Gables	FL	999,205
311	Dunedin Causeway Bridge Project	Dunedin	FL	8,000,000
				5,000,000
				3,000,000
312	Harborview Road from Melbourne Street to I–75	Port Charlotte	FL	20,000,000
313	Marlin Road Roadway Improvements Project	Cutler Bay	FL	8,800,000
314	Miami River Greenway—Curtis Park East	Miami	FL	2,392,000
315	Midway Road Multimodal/Freight Improvements and Florida’s Turnpike Connection	Port St. Lucie	FL	15,000,000
316	North Bay Village 79th Street Complete Streets Project	North Bay Village	FL	1,000,000
317	Port St. Lucie Boulevard South—Segment 2.2 (Alcantarra Boulevard to Paar Drive)	Port St. Lucie	FL	5,000,000
318	PortMiami Shore Power Pilot Program	Miami	FL	2,000,000
319	Reconstruction of State Road 33/Interstate 4 Interchange (Exit 38)	Lakeland	FL	20,000,000
320	Ridge Road Extension Phase 2B	Unincorporated Pasco County	FL	15,000,000
321	Alleyways Drainage Improvement Project	Miami Gardens	FL	240,000
322	Breakers Avenue Streetscape Project	City of Fort Lauderdale	FL	5,200,000
323	Cass Street Bridge Rehabilitation	Tampa	FL	5,116,000
324	Central Florida Regional Transportation Electronic Contactless Payment System	Orlando	FL	1,032,500
325	City of West Palm Beach Grand View Heights Street Pedestrian Safety Improvements Phase 2	West Palm Beach	FL	1,200,000
326	Corrine Drive Complete Streets Project	Orlando	FL	6,900,000
327	County Line Road Improvement Project	West Park	FL	944,000
328	Crystal Lake Drive Project	City of Deerfield Beach	FL	389,088
329	E.E. Williamson Road Trail Connect	Longwood	FL	4,346,000
330	Econlockhatchee Trail Multimodal Corridor Improvements	Orlando	FL	8,193,500
331	Flavor Pict Road from Lyons Road to Hagen Ranch Road	Delray Beach	FL	4,780,000
332	Gulf to Bay (SR60) Duke Energy Trail Overpass	Clearwater	FL	6,000,000
333	HART Bus Shelter Revitalization and Expansion	Tampa	FL	6,990,100
334	Hinson Avenue Widening Project	Haines City	FL	1,375,000
335	International Drive and Sand Lake Road (SR 482) Pedestrian Bridge	Orlando	FL	7,000,000
336	InVision Tampa Streetcar	Tampa	FL	7,700,000
337	Johnson Street Bridge Replacement Project	Hollywood	FL	2,904,000
338	JTA’s Sustainability and Renewable Energy Transit Facility (Project ID 425454–2)	Jacksonville	FL	2,315,840
339	Lake Monroe Loop Trail	Sanford	FL	3,313,181
340	Lowson Boulevard from Dover Road to Federal Highway	Delray Beach	FL	1,106,296
341	Loxahatchee Rd. from Arthur Marshall Loxahatchee Refuge to SR–7/US–441	City of Parkland	FL	5,000,000
342	Lyons Road Pedestrian Mobility Lighting and Safety Project	City of Coconut Creek	FL	2,700,000
343	Magnolia Drive Trail – Phase 1, 2, & 4 (Project ID: 4098037)	Tallahassee	FL	5,000,000
344	Marigold Ave from San Lorenzo Rd to Peabody Rd (4 Roundabouts)	Poinciana	FL	4,731,586
345	Neptune Road Widening and Improvement Project	Kissimmee	FL	5,000,000
346	NW 183rd to 191st Street and NW 27th to 42nd Avenue Road and Sidewalk Project	Miami Gardens	FL	1,200,000
347	NW 187th Street to NW 199th Street, from NW Sunshine State Parkway East to NW 12th Avenue Area-Road Resurfacing, Sidewalks, and Drainage Improvement Project	Miami Gardens	FL	960,000
348	NW 191st to 199th Street and NW 2nd to 7th Avenue Roadway and Sidewalk Project	Miami Gardens	FL	600,000
349	NW 199th to 202nd Street between NW 3rd and 15th Avenue-Road Resurfacing and Sidewalks Improvement Project	Miami Gardens	FL	960,000
350	NW/NE 87th Street Corridor	Village of El Portal	FL	1,320,551
351	Opa-locka Railroad Crossing Repair	Opa-Locka	FL	2,400,000
352	Orange Blossom Trail Sidewalks Phase 2A	Orlando	FL	3,012,472
353	Palm Beach County Bus Shelter Infrastructure	Palm Beach County	FL	8,300,000
				300,000
				8,000,000
354	Palm Springs, FL, Park Connector Pathway System	Palm Springs	FL	854,550
355	Pine Hills Trail Phase 2 from Silver Star Road (SR 438) to Clarcona-Ocoee Road	Orlando	FL	557,000
356	President Barack Obama Parkway, Phase 2, Orlando, Florida	Orlando	FL	8,360,000
357	Rolling Stock	Hallandale Beach, Hollywood, Dania Beach, Fort Lauderdale, Wilton Manors, Oakland Park, Pompano Beach, Deerfield Beach and Palm Beach County	FL	9,000,000
				5,000,000
				4,000,000
358	SMART Plan Beach Express (BERT) North Capital Bus Purchase	Miami	FL	9,100,000
359	Solar-Powered Zero-Emission Bus and Facility Charging Infrastructure	St. Petersburg	FL	6,000,000
360	South City Transit Capital Project StarMetro Modernization	Tallahassee	FL	2,400,000
361	Southcot Drive Sidewalk	Casselberry	FL	189,357
362	SR 50 (Colonial) from Thornton Ave to Mills Ave	Orlando	FL	917,933
363	SR 63 (US 27) Monroe Street from John Knox Road to Lakeshore Drive (Project ID 4450531)	Tallahassee	FL	2,400,000
364	SR‐5/US‐1/Federal Hwy from Johnson St. to SR‐822/Sheridan St.	Hollywood	FL	1,899,308
365	SR–820/Pines Blvd from W of SW 136th Ave to E of NW 118th Ave	Pembroke Pines	FL	5,000,000
366	SR-A1A from Hallandale Beach Boulevard to Dania Beach Boulevard Drainage Improvement Project	Hallandale Beach, Hollywood, and Dania Beach	FL	1,075,350
367	StarMetro Bus Replacement	Tallahassee	FL	1,800,000
368	SW 36th Street Complete Street Improvements Project	West Park	FL	1,600,000
369	SW 52nd Avenue Complete Street Improvements Project	West Park	FL	602,400
370	Treasure Island Causeway Bridge Project	Treasure Island	FL	4,480,000
371	University Boulevard at Dean Road Intersection Improvement	Orlando	FL	1,000,000
372	University Drive from NW 40th St. to Sawgrass Expressway	City of Coral Springs	FL	5,000,000
373	West Warren Avenue Complete Street	Longwood	FL	400,000
374	Atlanta Beltline	Atlanta	GA	5,000,000
375	Big Creek Greenway Phase 2 Renovation-Replacement	Cumming	GA	3,000,000
376	Brennan Road Improvements	Columbus	GA	7,360,000
377	Buford Highway Pedestrian Improvements	Doraville	GA	1,373,859
378	Bus/Paratransit Vehicle Acquisition for Local Route 70	Snellville/Northern Dekalb	GA	6,000,000
379	Cascade Multimodal Corridor	Atlanta	GA	1,000,000
380	Cherokee Area Transportation System Headquarters	Canton	GA	2,400,000
381	City of Forest Park Pedestrian Bridge	Forest Park	GA	2,000,000
382	City of Sugar Hill’s Highway 20 Pedestrian Bridge	Sugar Hill	GA	5,000,000
383	Clayton Justice Center Transit Hub – Phase II	Jonesboro	GA	4,960,000
384	Cobb Parkway at McCollum Parkway Road Realignment	Kennesaw	GA	3,500,000
385	Cumberland Core Loop	Atlanta	GA	1,700,000
386	East West Connector Corridor Improvement, Cobb County GA	Smyrna	GA	4,500,000
387	Emory-CDC Intersection Project	Atlanta	GA	550,000
388	GDOT Project No. 0013752	Americus	GA	1,216,958
389	GDOT Project No. 0015563	Cuthbert	GA	2,405,280
390	GDOT Project No. 0015638	Reynolds	GA	1,608,000
391	GDOT Project No. 0015651	Arabi	GA	568,000
392	GDOT Project No. 0015652	Talbotton	GA	984,000
393	Global Gateway Connector	College Park	GA	3,542,355
394	Gwinnett Place Transit Center/Mall of Georgia local bus service	Gwinnett County	GA	5,000,000
395	I–20 Diverging Diamond Interchange at Chapel Hill Road	Douglasville	GA	5,000,000
396	Lawrenceville Area Park and Ride Lot	Lawrenceville	GA	4,800,000
397	Macon Transit Authority Electric Transit and Paratransit Vehicle Purchases	Macon	GA	2,600,000
398	MARTA Route 115—Covington Highway	Decatur	GA	2,000,000
399	McDaniel Farm Park Connector multi-use path	Gwinnett County	GA	2,000,000
400	Metropolitan Parkway Arterial Rapid Transit (ART)	Atlanta	GA	3,000,000
401	New Bus Rapid Transit Service along US 78	Snellville/Stone Mountain	GA	5,000,000
402	North Avondale Road Complete Streets Project	Avondale Estates	GA	1,975,560
403	Peachtree Creek Greenway	Brookhaven	GA	3,382,000
404	Project DeRenne	Savannah	GA	20,000,000
405	Safety Improvements—Intersection of N Westover Blvd at Nottingham Way	Albany	GA	368,791
406	South Barrett Parkway Reliever	Kennesaw	GA	2,000,000
407	South Cobb Drive Corridor	Smyrna	GA	250,000
408	SR 120 (Abbotts Bridge Road) Operational and Safety Improvements	Johns Creek	GA	13,800,000
409	SR234 and Westover Blvd—Add Westbound Right Turn and Southbound Left	Albany	GA	349,295
410	Stonecrest Transit Hub	Stonecrest	GA	5,000,000
411	Widen and Realign Intersection of Sands Drive and Radium Springs	Albany	GA	2,509,319
412	Windy Hill Boulevard	Smyrna	GA	500,000
413	Guam Public Transit Modernization—Bus Shelters	Hagatna	GU	20,000,000
414	Bus and Handi Van Acquisition Program (Battery Electric Buses; Electrification of Route 40)	Honolulu	HI	7,398,400
				3,699,200
				3,699,200
415	Hanapepe Road Resurfacing	Hanapepe	HI	3,680,000
416	Hawaii Recreational Trails Program (Hawaii Integrated Trail System)	Multiple Cities	HI	4,000,000
417	Interstate Route H–1 Improvements, Eastbound, Ola Lane Overpass to Vineyard Boulevard	Honolulu	HI	6,150,000
418	Leeward Bikeway, Philippine Sea Road to Waipahu Depot Street	Honolulu	HI	6,150,000
419	Papalaua Street (RTS 3020, MP 0.13–MP0.17) Traffic Signal Upgrade at Wainee Street (Route 3015, MP 0.3–MP0.34)	Maui	HI	1,154,000
420	Waianuenue Avenue Rehabilitation	Hilo	HI	7,277,499
421	Waimea to Kekaha Shared Use Path	Hanapepe	HI	2,000,000
422	Wakea Avenue (Route 3920, MP 0.70-MP 0.71) and Kamehameha Avenue (Route 3940, MP 0.91–MP0.92) Intersection Improvements	Maui	HI	2,186,000
423	HIRTA Regional Transit Facility	Waukee	IA	2,321,000
424	In the City of Iowa City, on Dodge Street, from Burlington Street north to Governor Street.	Iowa City	IA	9,943,600
425	Iowa 136 bridge replacement over Elwood Creek 3.1 miles west of US 61 in Clinton County	Clinton County	IA	1,144,800
426	Marion County—County Road G28 corridor	Marion County	IA	2,000,000
427	Red Rock Prarie Trail (Iowa 117 to Co Rd S27)	Prairie City	IA	900,000
428	Bus Replacements Across the District	Des Moinse	IA	5,000,000
429	Mills Civic Parkway Improvements	West Des Moines	IA	2,000,000
430	Red Oak Bridge Replacement	Red Oak	IA	700,000
431	Southeast Connector	Des Moines	IA	7,000,000
432	Traffic Incident Management Center at Camp Dodge—Phase I	Johnston	IA	4,880,000
433	1st Street Reconstruction	Ammon	ID	5,375,700
434	Center Street Railroad Bridge Underpass	Pocatello	ID	4,277,000
435	Fort Hall Connect- Upgrade of Ross Fork Road	Fort Hall	ID	3,500,000
436	I–15B (US–30) McCammon IC TO Old US–91	McCammon	ID	1,716,660
437	State Street Premium Corridor, Part 2, Boise Area, Valley Regional Transit	Boise and Garden City	ID	2,000,000
438	Alton Avenue Reconstruction	Madison	IL	624,000
439	Alton Road Reconstruction Phase I & II	Carlinville	IL	616,000
440	Brush College Road and Faries Parkway Grade Separation	Decatur	IL	2,000,000
441	Calhoun Street Bridge Replacement	City of Morris	IL	1,200,000
442	Candy Lane	Macomb	IL	3,500,000
443	Centennial Park Shared Use Path	Heyworth	IL	963,540
444	Cloverleaf and East Madison Subdivisions Improvements	Madison	IL	296,000
445	Curtis Road Grade Separation & Complete Streets Project	Savoy	IL	3,293,700
446	Dix Irvington Road Safety Project	Centralia	IL	600,000
447	Dupo Interchange	Dupo	IL	1,700,000
448	Edwardsville Road Resurfacing Project	Wood River	IL	668,000
449	Frank Scott Parkway East Extension	Shiloh	IL	12,512,000
450	Hamilton Road East-West Connection Project	Bloomington	IL	7,000,000
				3,500,000
				3,500,000
451	Hilltop Road Multi-Use Trail Extension Project	Springfield	IL	440,000
452	Lincoln Prairie Trail Bridge Replacement Project	Taylorville	IL	487,161
453	Madison Avenue from 23rd Street to 27th Street Resurfacing	Granite City	IL	759,420
454	Main Street Reconstruction Project	Roscoe	IL	3,880,000
455	Marissa—Main St. Resurfacing	Marissa	IL	476,000
456	Pioneer Parkway Reconstruction	Peoria	IL	5,000,000
457	Prospect Road Revitalization	Peoria Heights	IL	6,000,000
458	Reas Bridges Replacement Project over Lake Decatur	Decatur	IL	3,500,000
459	Reconstruction of Main Street from Elm Street to Madison Street	Staunton	IL	1,569,456
460	Resurfacing of County Highway 16 in Williamson County	Williamson County	IL	352,000
461	Resurfacing of Main Street, Bainbridge Trail, and Penecost Streets	Marion	IL	572,000
462	Riverside Boulevard Reconstruction and Widening (Phase II and III)	Loves Park and Rockford	IL	14,920,000
463	Royal Lakes Road Rehabilitation Project	Royal Lakes	IL	23,408
464	Spotsylvania Street Improvements	New Athens	IL	452,000
465	Stanford Avenue Reconstruction from 11th Street to Fox Bridge Road	Springfield	IL	1,279,035
466	Structure Replacement Over Piles Fork Creek	Carbondale	IL	504,000
467	US 67 Widening from Delhi Bypass Project to Crystal Lake Rd.	Jerseyville	IL	1,200,000
468	West Main Cross Street Improvements from Webster Street to Shumway Street	Taylorville	IL	1,127,700
469	Western Road—Marshall County	Henry	IL	2,000,000
470	118 N Clark Pedway Extension	Chicago	IL	2,700,000

SEC. 1001. Applicability of division.

(a) Applicability.—This division, including the amendments made by this division, applies beginning on October 1, 2022.

(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, 2022.

(c) Exception for immediate application.—Subsections (a) and (b) shall not apply to the following sections and any amendments made by such sections:

(1) Section 1105.

(2) Section 1107.

(3) Section 1305.

(4) Subsections (c)(1) and (d) of section 2104.

(5) Section 2106.

(6) Section 2112.

(7) Section 2204(1)(A).

(8) Section 2305.

(9) Section 2307.

(10) Section 2902(2).

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 mitigation program under section 124 of such title, the railway crossings program under section 130 of such title, the surface transportation program under section 133 of such title, the highway safety improvement program under section 148 of such title, the congestion mitigation and air quality improvement program under section 149 of such title, the clean corridors program under section 151 of such title, the national highway freight program under section 167 of such title, the carbon pollution reduction program under section 171 of such title, and metropolitan planning under section 134 of such title—

(A) $56,522,048,429 for fiscal year 2023;

(B) $57,480,646,776 for fiscal year 2024;

(D) $59,618,666,186 for fiscal year 2026.

(2) TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION PROGRAM.—For credit assistance under the transportation infrastructure finance and innovation program under chapter 6 of title 23, United States Code, $250,000,000 for each of fiscal years 2023 through 2026.

(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 2023 through 2026.

(4) FEDERAL LANDS AND TRIBAL TRANSPORTATION PROGRAMS.—

(A) TRIBAL TRANSPORTATION PROGRAM.—For the tribal transportation program under section 202 of title 23, United States Code, $800,000,000 for each of fiscal years 2023 through 2026.

(B) FEDERAL LANDS TRANSPORTATION PROGRAM.—

(i) IN GENERAL.—For the Federal lands transportation program under section 203 of title 23, United States Code, $555,000,000 for each of fiscal years 2023 through 2026.

(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 2023 through 2026;

(II) the amount for the United States Fish and Wildlife Service is $50,000,000 for each of fiscal years 2023 through 2026;

(III) the amount for the United States Forest Service is $50,000,000 for each of fiscal years 2023 through 2026;

(IV) the amount for the Corps of Engineers is $16,000,000 for each of fiscal years 2023 through 2026;

(V) the amount for the Bureau of Land Management is $16,000,000 for each of fiscal years 2023 through 2026;

(VI) the amount for the Bureau of Reclamation is $16,000,000 for each of fiscal years 2023 through 2026; and

(VII) the amount for independent Federal agencies with natural resource and land management responsibilities is $7,000,000 for each of fiscal years 2023 through 2026.

(C) FEDERAL LANDS ACCESS PROGRAM.—For the Federal lands access program under section 204 of title 23, United States Code, $345,000,000 for each of fiscal years 2023 through 2026.

(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 2023 through 2026.

(5) TERRITORIAL AND PUERTO RICO HIGHWAY PROGRAM.—For the territorial and Puerto Rico highway program under section 165 of title 23, United States Code, the amounts specified in paragraphs (1) and (2) of section 165(a) for each of fiscal years 2023 through 2026.

(6) PROJECTS OF NATIONAL AND REGIONAL SIGNIFICANCE.—For projects of national and regional significance under section 117 of title 23, United States Code, $3,000,000,000 for each of fiscal years 2023 through 2026.

(7) COMMUNITY TRANSPORTATION INVESTMENT GRANTS.—To carry out section 173 of title 23, United States Code, $600,000,000 for each of fiscal years 2023 through 2026.

(8) COMMUNITY CLIMATE INNOVATION GRANTS.—To carry out section 172 of title 23, United States Code, $250,000,000 for each of fiscal years 2023 through 2026.

(9) NATIONAL SCENIC BYWAYS PROGRAM.—To carry out section 162 of title 23, United States Code, $16,000,000 for each of fiscal year 2023 through 2026.

(10) REBUILD RURAL BRIDGES PROGRAM.— To carry out section 1307 of this Act, $250,000,000 for each of fiscal years 2023 through 2026.

(11) PARKING FOR COMMERCIAL MOTOR VEHICLES.—To carry out section 1308 of this Act, $250,000,000 for each of fiscal years 2023 through 2026.

(12) ACTIVE CONNECTED TRANSPORTATION GRANT PROGRAM.—To carry out section 1309 of this Act, $250,000,000 for each of fiscal years 2023 through 2026.

(13) WILDLIFE CROSSINGS PROGRAM.—To carry out section 1310 of this Act, $100,000,000 for each of fiscal years 2023 through 2026.

(14) RECONNECTING NEIGHBORHOODS PROGRAM.—To carry out section 1311 of this Act, $750,000,000 for each of fiscal years 2023 through 2026.

(15) METRO PERFORMANCE PROGRAM.—To carry out section 1305 of this Act, $250,000,000 for each of fiscal years 2023 through 2026.

(16) GRIDLOCK REDUCTION GRANT PROGRAM.—To carry out section 1306 of this Act, $500,000,000 for fiscal year 2023.

(b) Treatment of funds.—Amounts made available under paragraphs (10) through (14) of subsection (a) shall be administered as if apportioned under chapter 1 of title 23, United States Code.

(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 subparagraph (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 congressional 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 demonstrate that race- and gender-neutral efforts alone are insufficient to address the problem;

(E) the testimony and documentation described in subparagraph (D) demonstrate 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) provide a clear picture of the inequality caused by discrimination that continues 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.—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)).

(B) SOCIALLY AND ECONOMICALLY DISADVANTAGED INDIVIDUALS.—The term “socially and economically disadvantaged individuals” has the meaning 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 economically 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 concerns in the State; and

(B) notify the Secretary, in writing, of the percentage of the small business concerns that are controlled by—

(i) women;

(ii) socially and economically disadvantaged individuals (other than women); and

(iii) individuals who are women and are otherwise socially and economically disadvantaged individuals.

(5) UNIFORM CERTIFICATION.—

(A) IN GENERAL.—The Secretary of Transportation shall establish minimum uniform criteria for use by State governments in certifying whether a concern qualifies as a small business concern for the purpose of this subsection.

(B) INCLUSIONS.—The minimum uniform criteria established under subparagraph (A) shall include, with respect to a potential small business concern—

(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 requirements 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 program.

(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 unconstitutional.

(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 Regulations (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.

(9) SENSE OF CONGRESS ON FULFILLING CERTAIN CONTRACTS.—It is the sense of Congress that contractors participating in a federally funded transportation contract with a small business concern owned and controlled by socially and economically disadvantaged individuals should ensure that the percentage of a contract promised to such small business concern is fulfilled, unless prior approval is obtained consistent with the regulations under part 26 of title 49, Code of Federal Regulations.

(d) Limitation on financial assistance for state-Owned enterprises.—

(1) IN GENERAL.—Funds provided under this section may not be used in awarding or exercising an option on a previously awarded contract, 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 enactment 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

(2) EXCEPTION.—For purposes of paragraph (1), the term “otherwise related legally or financially” does not include a minority relationship or investment.

(3) INTERNATIONAL AGREEMENTS.—This subsection shall be applied in a manner consistent with the obligations of the United States under international agreements.

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) $66,097,092,526 for fiscal year 2023;

(2) $66,570,608,070 for fiscal year 2024;

(3) $67,701,550,431 for fiscal year 2025; and

(4) $68,741,903,518 for fiscal year 2026.

(b) Exceptions.—The limitations under subsection (a) shall not apply to obligations 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 Assistance 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 Efficiency 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 expended, 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 2022, 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 2023 through 2026, 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 2023 through 2026, 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 2023 through 2026, 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 section 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 section 202 of title 23, United States Code; and

(iv) amounts authorized for the territorial and Puerto Rico highway program under section 165(a) of title 23, United States Code; and

(B) for each of fiscal years 2023 through 2026, in addition to the amounts described in subparagraph (A), shall not distribute obligation authority provided by subsection (a) for the fiscal year for amounts authorized for the metro performance program under section 1305 of this Act;

(2) shall not distribute an amount of obligation authority provided by subsection (a) that is equal to the unobligated balance of amounts—

(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 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 highway and highway safety construction programs, other than sums authorized 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 multiplying—

(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 apportioned 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 programs that are apportioned under title 23, United States Code, to all States for the fiscal year.

(d) Redistribution of unused obligation authority.—Notwithstanding subsection (c), the Secretary of Transportation shall, after August 1 of each of fiscal years 2023 through 2026—

(1) revise a distribution of the obligation authority made available under subsection (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 priority 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 future fiscal years.

(f) Lop-Off.—

(1) IN GENERAL.—Not later than 30 days after the date of distribution of obligation authority under subsection (c) for each of fiscal years 2023 through 2026, the Secretary of Transportation shall distribute to the States any funds that—

(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 proportion 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), (4), (5), (7), (9), (11), (12), (13), (14), (15), (17), (18), (19), (20), (21), (22), (24), (25), (26), (27), (29), (30), (33), (34), (35), (36), (37), (38), (39), (43), (44), (45), (46), and (47), 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.”;

“(3) AREAS OF PERSISTENT POVERTY.—The term ‘areas of persistent poverty’ means—

“(A) 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;

“(B) 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

“(C) 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 decennial censuses, or equivalent data, of the Bureau of the Census.”.

(D) by inserting after paragraph (5), as so redesignated, the following:

“(6) 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.”;

(E) in paragraph (7)(A), as so redesignated, by inserting “assessing resilience,” after “surveying,”;

(F) by inserting after paragraph (7), as so redesignated, the following:

“(8) CONTEXT SENSITIVE DESIGN PRINCIPLES.—The term ‘context sensitive design 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, children, older individuals, individuals with disabilities, motorists, and freight vehicles; and

“(B) considers the context in which the facility is planned to be constructed to determine the appropriate facility design.”;

(G) by inserting after paragraph (9), as so redesignated, the following:

“(10) 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 emergency; 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).”;

(H) by inserting after paragraph (15), as so redesignated, the following:

“(16) 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)).”;

(I) by inserting after paragraph (21), as so redesignated, the following:

“(23) 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, biological, 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, including through the creation, restoration, or preservation of vegetated areas using materials appropriate to the region to manage stormwater and runoff, to attenuate flooding and storm surges, and for other related purposes.

“(B) INCLUSION.—The term ‘natural infrastructure’ includes green infrastructure and nature-based solutions.”;

(J) by inserting after paragraph (27), as so redesignated, the following:

“(28) PROTECTIVE FEATURE.—

“(A) IN GENERAL.—The term ‘protective feature’ means an improvement to a highway, bridge, or other transportation facility designed to increase resilience or mitigate the risk of recurring damage or the cost of future repairs from climate change effects (including sea level rise), flooding, and extreme events or other natural disasters (including wildfires, seismic activity, and landslides).

“(B) INCLUSIONS.—The term ‘protective feature’ includes—

“(i) raising roadway grades;

“(ii) relocating roadways to higher ground above projected flood elevation 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 countermeasures;

“(x) the use of natural infrastructure;

“(xi) integration of the use of traditional and natural infrastructure features;

“(xii) undergrounding public utilities in the course of other infrastructure improvements eligible under this title; and

“(xiii) permeable pavements for stormwater management.”;

(K) by inserting after paragraph (30), as so redesignated, the following:

“(31) 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 failures resulting in emergencies declared by the Governor of the State in which the road, highway, or bridge is located or emergencies or major disasters declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).

“(32) 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 ability 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.”; and

(L) by inserting after paragraph (36), as so redesignated, the following:

“(40) TRANSPORTATION DEMAND MANAGEMENT; TDM.—The terms ‘transportation 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.

“(41) TRANSPORTATION DEMAND MANAGEMENT STRATEGIES.—The term ‘transportation demand management strategies’ means the use of planning, programs, policy, marketing, communications, incentives, pricing, data, and technology to shift travel mode, routes used, departure times, number of trips, and location and design work space or public attractions.

“(42) TRANSPORTATION SYSTEM ACCESS.—The term ‘transportation system access’ means the ability to travel by automobile, public transportation, pedestrian, and bicycle networks, measured by travel time, taking into consideration—

“(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 policies and land use planning practices that effect the affordability, elasticity, and diversity of the housing supply.”; and

(2) in subsection (b)—

(A) in paragraph (1) by striking “Defense,” and inserting “Defense Highways,”;

(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;

(iii) in subparagraph (H) by striking “Century.” and inserting “century;”; and

(iv) by adding at the end the following:

“(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 system to the Nation’s total carbon pollution is critical; and

“(K) the Secretary and States should take appropriate measures and ensure 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 inserting the following:

“(A) $530,000,000 for fiscal year 2023;

“(B) $543,000,000 for fiscal year 2024;

“(C) $557,000,000 for fiscal year 2025; and

“(D) $572,000,000 for fiscal year 2026.”;

(2) by striking subsections (b) and (c) and inserting the following:

“(b) Division among programs of State’s share of base apportionment.—The Secretary shall distribute the amount of the base apportionment 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), (7), and (10).

“(2) SURFACE TRANSPORTATION PROGRAM.—For the surface transportation program, 28.43 percent of the amount remaining after distributing amounts under paragraphs (4), (6), (7), and (10).

“(3) HIGHWAY SAFETY IMPROVEMENT PROGRAM.—For the highway safety improvement program, 6.19 percent of the amount remaining after distributing amounts under paragraphs (4), (6), (7), and (10).

“(4) CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM.—

“(A) IN GENERAL.—For the congestion mitigation and air quality improvement 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 2023;

“(ii) $2,964,919,535 for fiscal year 2024;

“(iii) $3,024,217,926 for fiscal year 2025; and

“(iv) $3,078,653,849 for fiscal year 2026.

“(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 program 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), (7), and (10).

“(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 2023;

“(ii) $516,381,250 for fiscal year 2024;

“(iii) $526,708,875 for fiscal year 2025; and

“(iv) $536,189,635 for fiscal year 2026.

“(C) STATE SHARE.—For each fiscal year, the Secretary shall distribute among the States the amount for metropolitan planning under subparagraph (B) so that each State receives an amount equal to the proportion that—

“(i) the amount apportioned to the State for metropolitan planning for fiscal year 2020; bears to

“(ii) the total amount of funds apportioned to all States for metropolitan planning for fiscal year 2020.

“(7) RAILWAY CROSSINGS.—

“(A) IN GENERAL.—For the railway crossings program, an amount determined 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 2023 through 2026.

“(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 apportioned 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 apportioned 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 program, 2.96 percent of the amount remaining after distributing amounts under paragraphs (4), (6), (7), and (10).

“(9) CARBON POLLUTION REDUCTION PROGRAM.—For the carbon pollution reduction program, 3.95 percent of the amount remaining after distributing amounts under paragraphs (4), (6), (7), and (10).

“(10) CLEAN CORRIDORS.—

“(A) IN GENERAL.—For the clean corridors program, an amount determined for the State under subparagraphs (B) and (C).

“(B) TOTAL AMOUNT.—The total amount for the clean corridors program for all States shall be $1,000,000,000 for each of fiscal years 2023 through 2026.

“(C) STATE SHARE.—For each fiscal year, the Secretary shall distribute among the States the total amount for the clean corridors program under subparagraph (B) so that each State receives the amount equal to the proportion that—

“(i) the total base apportionment determined for the State under subsection (c); bears to

“(ii) the total base apportionments for all States under subsection (c).

“(c) Calculation of amounts.—

“(1) STATE SHARE.—For each of fiscal years 2023 through 2026, the amount for each State shall be determined as follows:

“(A) INITIAL AMOUNTS.—The initial amounts for each State shall be determined by multiplying—

“(i) each of—

“(I) the base apportionment; and

“(II) supplemental funds reserved under subsection (h)(1) for the highway safety improvement program; 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 fiscal 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 2023 through 2026, the Secretary shall apportion the sums authorized to be appropriated for expenditure 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) Supplemental funds.—

“(1) AMOUNT.—Before making an apportionment for a fiscal year under subsection (c), the Secretary shall reserve for the highway safety improvement program under section 148 $500,000,000 for each of fiscal years 2023 through 2026 for the purpose of the safe streets set-aside under section 148(m).

“(2) TREATMENT OF FUNDS.—Funds reserved under paragraph (1) and apportioned to a State under subsection (c) shall be treated as if apportioned under subsection (b)(3), and shall be in addition to amounts apportioned under such subsection.

“(i) Definitions.—In this section:

“(1) BASE APPORTIONMENT.—The term ‘base apportionment’ means—

“(A) the combined amount authorized for the covered programs; minus

“(B) the supplemental funds reserved under subsection (h) for the highway safety improvement program.

“(2) COVERED PROGRAMS.—The term ‘covered programs’ means—

“(A) the national highway performance program under section 119;

“(B) the surface transportation program under section 133;

“(C) the highway safety improvement program under section 148;

“(D) the congestion mitigation and air quality improvement program under section 149;

“(E) the national highway freight program under section 167;

“(F) metropolitan planning under section 134;

“(G) the railway crossings program under section 130;

“(H) the predisaster mitigation program under section 124;

“(I) the carbon pollution reduction program under section 171; and

“(J) the clean corridors program under section 151.”.

(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 America Act”;

(2) in subsection (c)—

(A) in paragraph (1)(A) by striking “to be appropriated” each place it appears; 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 fiscal 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, reservations, 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, the United States Forest Service, the Corps of Engineers, the Bureau of Land Management, the Bureau of Reclamation, and independent Federal agencies with natural resource and land management responsibilities;

“(ii) the amount made available for the Puerto Rico highway program under section 165(a)(1);

“(iii) the amount made available for the territorial highway program under section 165(a)(2);

“(iv) from the amounts made available for a fiscal year for the urbanized areas formula grants under section 5307 of title 49, the amounts allocated for a fiscal year for the passenger ferry grant program under section 5307(h) of such title;

“(v) from the amounts made available for a fiscal year for the formula grants for rural areas under section 5311 of such title, the amounts allocated for a fiscal year for public transportation on Indian reservations;

“(vi) from the amounts made available for a fiscal year for the public transportation innovation program under section 5312 of such title—

“(I) the amounts allocated for the zero emission vehicle component assessment under section 5312(h) of such title; and

“(II) the amounts allocated for the transit cooperative research program under section 5312(i) of such title;

“(vii) from the amounts made available for a fiscal year for the technical assistance and workforce development program of section 5314 of such title, the amounts allocated for the national transit institute under section 5314(c) of such title;

“(viii) from the amounts made available for a fiscal year for the bus and bus facilities program under section 5339 of such title, the amounts allocated for a fiscal year for the zero emission grants under section 5339(c) of such title;

“(ix) the amounts made available for growing States under section 5340(c) of such title; and

“(x) the amounts made available for high density states under section 5340(d) of such title.”;

(3) in subsection (d) by inserting “and section 5324 of title 49” after “section 125”;

(4) in subsection (e)—

(A) by striking “There is authorized” and inserting “For fiscal year 2023 and each fiscal year thereafter, there is authorized”; and

(B) by striking “for any of fiscal years 2017 through 2020”; and

(5) 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.—

“(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—

“(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 200,001 individuals; or

“(IV) greater than 200,000 individuals;

“(vi) whether such project is located in an area of persistent poverty;

“(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 active project, the information described in clauses (i) through (v) of subparagraph (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 highway funds apportioned and allocated to each State under this title, including—

“(i) the amount of funding available for obligation by the State, including 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 highway 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 Federal Highway Administration.

“(B) INTERACTIVE MAP.—The term ‘interactive map’ means a map displayed on the public website of the Department of Transportation that allows 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 of Columbia.”.

(b) Project approval and oversight.—Section 106 of title 23, United States Code, is amended—

(1) in subsection (g)—

(A) in paragraph (4) by striking subparagraph (B) and inserting the following:

“(B) ASSISTANCE TO STATES.—The Secretary shall—

“(i) develop criteria for States to use to make the determination required under subparagraph (A); and

“(ii) provide training, guidance, and other assistance to States and subrecipients as needed to ensure that projects administered by subrecipients 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) IN GENERAL.—If a State allows a subrecipient to exchange Federal funds provided under this title that are allocated to such subrecipient for State or local funds, the State must certify to the Secretary that the State—

“(i) has prevailing wage requirements that are comparable to the requirements under section 113 that apply to the use of such State or local funds; and

“(ii) shall ensure that the prevailing wage requirements described in clause (i) apply to the use of such State or local funds.

“(B) APPLICABILITY.—The requirements of this paragraph shall apply only if the requirements of section 113 would be applicable to a covered project if such project was carried out using Federal funds.

“(C) COVERED PROJECT DEFINED.—In this paragraph, the term ‘covered project’ means a project carried out with exchanged State or local funds as described in subparagraph (A).”;

(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 construction 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 result in cost overruns, project delays, reduced construction quality, or reductions in benefits with respect to the megaproject;

“(B) examples of mechanisms the recipient will use to track risks identified pursuant to subparagraph (A);

“(C) a plan to control such risks; and

“(D) such assurances as the Secretary determines appropriate that the recipient 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 review group for such megaproject that consists of at least 5 individuals (including 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 enactment of this subsection, the Secretary shall establish guidelines describing how a recipient described in subparagraph (A) shall—

“(I) recruit and select members for a peer review group established 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.

“(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;

“(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 significant 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 Department 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 information, as necessary, from any such information published.

“(2) NOTIFICATION.—Not later than 3 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 a description of the proposed experiment to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate.

“(3) REPORT TO CONGRESS.—Not later than 2 years after the date of enactment of the INVEST in America Act, the Secretary shall submit to the Committee 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 experiments.

“(m) Competitive grant program oversight and accountability.—

“(1) IN GENERAL.—To ensure the accountability and oversight of the discretionary grant selection process administered by the Secretary, a covered program shall be subject to the requirements of this section, in addition to the requirements 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 Committee 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 selected.

“(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 applicants under such covered program, and publish on the website of the Department 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 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.

“(5) BRIEFING.—The Secretary shall provide, at the request of a grant applicant 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 template as described in paragraph (2)(A) for any discretionary program administered 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) Federal lands and tribal major projects grants under section 208.

“(C) Mobility through advanced technologies grants under section 503(c)(4).

“(D) Rebuild rural bridges program under section 1307 of the INVEST in America Act.

“(E) Parking for commercial motor vehicle grants under section 1308 of the INVEST in America Act.

“(F) Active connected transportation grants under section 1309 of the INVEST in America Act.

“(G) Wildlife crossings grants under section 1310 of the INVEST in America Act.

“(H) Reconnecting neighborhoods capital construction grants under section 1311(d) of the INVEST in America Act”..”.

(c) Division office consistency.—Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress 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 determinations.

(d) Improving Risk Based Stewardship and Oversight.—Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Highway Administration shall reference U.S. DOT Office of Inspector General Report No. ST2020035 and take the following actions, as necessary, to improve the risk based stewardship and oversight of the Federal Highway Administration:

(1) Update and implement Federal Highway Administration guidance for risk-based project involvement to clarify the requirements for its project risk-assessment process, including expectations for conducting and documenting the risk assessment and criteria to guide the reevaluation of project risks.

(2) Identify and notify division offices of the Federal Highway Administration about sources of information that can inform the project risk-assessment process.

(3) Update and implement Federal Highway Administration guidance for risk-based project involvement to clarify how the link between elevated risks and associated oversight activities, changes to oversight actions, and the results of its risk-based involvement should be documented in project oversight plans.

(4) Develop and implement a process to routinely monitor the implementation and evaluate the effectiveness of Federal Highway Administration risk-based project involvement.

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 performance of the facility in a manner that enhances”; and

(B) in paragraph (2) by inserting “, taking into consideration context sensitive 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 existing 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

“(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.—

“(i) IN GENERAL.—A local jurisdiction may select the most appropriate design publication for the roadway context in which the local jurisdiction is located for the design of a project on a roadway (other than a highway on the National Highway System) if—

“(I) the local jurisdiction provides notification and justification of the use of such design publication to any State in which the project is located; and

“(II) the design complies with all other applicable Federal and State laws.

“(ii) REVIEW.—If a State rejects a local jurisdiction’s selection of a design publication under this subparagraph, the local jurisdiction may submit notification and justification of such use to the Secretary. The Secretary shall make a determination to approve or deny such submission not later than 90 days after receiving such submission.

“(B) STATE-OWNED ROADS.—In the case of a roadway under the ownership of the State, the local jurisdiction may select the most appropriate design publication only with the concurrence of the State.

“(C) PROGRAMMATIC BASIS.—The Secretary may consider the use of a design publication under this paragraph on a programmatic basis.”; and

(5) by adding at the end the following:

“(s) Context sensitive design.—

“(1) CONTEXT SENSITIVE DESIGN PRINCIPLES.—The Secretary shall consult with State and local officials prior to approving any roadway design publications under this section to ensure that the design publications provide adequate flexibility for a project sponsor to select the appropriate 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 appropriate 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 subparagraph (A).

“(C) CONSIDERATIONS.—The policies or procedures developed under this paragraph shall take into consideration the guidance developed by the Secretary 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 design.

“(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) CONTENTS.—The guidance described in this paragraph shall—

“(i) provide best practices for States, metropolitan planning organizations, regional transportation planning organizations, local governments, or other project sponsors to implement context sensitive design principles;

“(ii) identify opportunities to modify planning, scoping, design, and development procedures to more effectively combine modes of transportation 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 facility design; and

“(v) establish model policies or procedures, consistent with the findings of such guidance, 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 addition to the contents in subparagraph (B), the guidance shall emphasize—

“(i) procedures for identifying the needs of users of all ages and abilities 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 sensitive design principles;

“(iv) common barriers to carrying out context sensitive design principles;

“(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 operational 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 organizations, or regional transportation planning organizations to adopt policies or procedures to evaluate the context of a proposed roadway and select the appropriate 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.

SEC. 1108. Innovative project delivery Federal share.

(a) In general.—Section 120(c)(3)(B) of title 23, United States Code, is amended—

(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 service 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 (ix);

(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—

“(I) greenhouse gas emissions through sequestration or innovative manufacturing processes; or

“(II) local air pollution, stormwater runoff, or noise pollution;

“(vii) innovative culvert materials that are made with recycled content and demonstrate reductions in greenhouse gas emissions;

“(viii) contractual provisions that provide safety contingency funds to incorporate safety enhancements to work zones prior to or during roadway construction and maintenance activities; 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), 148(m), 149, 151(f), and 171”; and

(3) by striking paragraph (2) and inserting the following:

“(2) ENVIRONMENTAL PROGRAMS.—With respect to an apportionment under either paragraph (4) or paragraph (9) of section 104(b), and notwithstanding paragraph (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 approach 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, excluding auxiliary lanes, after the construction is not less than the number 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 Interstate System and conversion of that highway, bridge, or tunnel to a tolled facility, if the number of toll-free non-HOV lanes, excluding auxiliary lanes, after such construction is not less than the number of toll-free non-HOV lanes, excluding auxiliary lanes, before such construction;

“(iv) reconstruction, resurfacing, restoration, rehabilitation, or replacement of a toll highway, bridge, or tunnel or approach to the highway, 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;

“(vii) reconstruction, restoration, or rehabilitation of a highway on the Interstate System if the number of toll-free non-HOV lanes, excluding auxiliary lanes, after reconstruction, restoration, or rehabilitation is not less than the number of toll-free non-HOV lanes, excluding auxiliary 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 facility under subparagraph (E).

“(II) HOV FACILITY.—Except as otherwise provided in this subsection 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 transportation vehicles and over-the-road buses serving the public; and

“(iii) the facility shall provide for the regional interoperability of electronic toll collection, including through technologies or business practices.

“(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 corridor 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 requirements 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 subparagraphs (B), (C), and (D)) that such toll facility and the planned investments 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).

“(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 monitoring, assessment, and reporting on the impacts that the pricing 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 congestion pricing on the operation of the corridor or cordon;

“(II) submit to the Secretary annual reports of the impacts described 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 update 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 vehicles 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 degraded 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 corridor 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 Secretary shall provide to the public authority a written notice indicating 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 determines that the public authority has brought the facility or corridor or cordon into compliance with this subparagraph, the public authority 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 subject 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.

“(vi) CONSULTATION OF MPO.—If a toll facility authorized under this subparagraph is located on the National Highway System and in a metropolitan planning area established in accordance with section 134, the public authority shall consult with the metropolitan planning organization 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 facility.”;

(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 degraded 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 Federal funds may be obligated by a State under this title or chapter 53 of title 49.”; and

(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 facility 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 annually 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 commencing 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.—

“(A) IN GENERAL.—All toll facilities on Federal-aid highways shall provide for the regional interoperability of electronic toll collection, including through technologies or business practices.

“(B) PROHIBITION ON RESTRICTION.—No State, or any political subdivision thereof, shall restrict the information that is shared across public and private toll facility operators or their agents or contractors for purposes of facilitating, operating, or maintaining electronic toll collection programs.

“(11) NONCOMPLIANCE.—If the Secretary concludes that a public authority has not complied with the requirements of this subsection, the Secretary may require the public authority to discontinue collecting tolls until the public authority 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 construction 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.

“(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).

“(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 authorized 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 submitted 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

(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 implementation 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 implementation.

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 inserting “transportation vehicles”;

(B) in paragraph (5)(B) by striking “2019” and inserting “2025”; and

“(6) EMERGENCY VEHICLES.—The public authority may allow the following vehicles to use the HOV facility if the authority establishes requirements for clearly identifying the vehicles:

“(A) An emergency vehicle that is responding to an existing emergency.

“(B) A blood transport vehicle that is transporting blood between collection points and hospitals or storage centers.”.

(2) in subsection (d)(2)(A)(i) by striking “45 miles per hour, in the case of a HOV facility with a speed limit of 50 miles per hour or greater” and inserting “35 miles per hour, in the case of a HOV 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;

(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 subparagraphs (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.—Notwithstanding”;

(B) by striking “Secretary of Transportation” and inserting “Secretary”;

(D) by striking “and manufactured products” and inserting “manufactured 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 “Requirements.—The Secretary”; and

(B) by striking “the Surface Transportation Assistance Act of 1982 (96 Stat. 2097) or”;

(5) in subsection (g) by inserting “or within the scope of the applicable finding, determination, or environmental review decision made pursuant to authority granted by the Secretary under section 330, if applicable,” before “regardless of the”; and

(6) 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 subparagraph (A) shall—

“(i) describe whether the application is being made for a determination 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 determination 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 review 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 subparagraph 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 Register a detailed justification for the determination made under paragraph (1) that addresses all public comments received under paragraph (2).

“(4) CONSIDERATION.—In conducting the review under paragraph (1), the Secretary shall consider the research on supply chains carried out under section 1112(c) of the INVEST in America Act.

“(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 provided under subsection (h) during the previous fiscal year and the justifications for such waivers.

“(k) Construction materials defined.—In this section, the term ‘construction materials’ means primary materials, except for iron and steel, that are commonly used in highway construction, as determined by the Secretary.”.

(b) Construction materials.—

(1) ESTABLISHMENT OF REQUIREMENTS.—The Secretary shall issue such regulations as are necessary to implement the amendment made subsection (a)(1)(D). Such regulations shall ensure the continued availability of construction materials to carry out projects under title 23, United States Code.

(2) CONSIDERATIONS.—The requirements of this section, and the amendments made by this section—

(A) shall seek to maximize jobs located in the United States;

(B) may establish domestic content requirements that increase over time, based on the current and expected future domestic availability of construction materials; and

(3) APPLICABILITY.—The amendment made by subsection (a)(1)(D) shall take effect beginning on the date that the Secretary establishes the requirements described under paragraph (1).

(1) IN GENERAL.—The Secretary shall conduct research on covered items that are commonly used or acquired under title 23, United States Code, including—

(A) construction materials;

(B) manufactured products;

(D) alternative fuel infrastructure and electric vehicle supply equipment.

(2) CONSIDERATIONS.—The research under paragraph (1) shall consider—

(A) the current domestic availability of covered items;

(B) the current supply chain for covered items; and

(i) procurement under the Federal-aid highway program;

(ii) procurement under other programs administered by the Secretary of Transportation; and

(iii) other Federal procurement.

(3) DOMESTIC SUPPLIERS.—As part of the review under this paragraph, the Secretary may establish and maintain a list of known domestic suppliers of covered items.

(4) DEFINITION OF COVERED ITEM.—For the purposes of this section, the term “covered item” means any material or product (except for iron and steel) subject to the requirements of section 313(a) of title 23, United States Code, that is commonly used in highway construction or procured under the Federal-aid highway program.

(d) Iron and steel.—This section, and the amendments made by this section, shall not affect the requirements under section 634.410(b)(1)(ii) of title 23, Code of Federal Regulations, with respect to iron and steel.

(e) 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.—Section 113 of title 23, United States Code, is amended—

(1) by striking subsections (a) and (b) and inserting the following:

“(a) In general.—The Secretary shall take such action as may be necessary to ensure that all laborers and mechanics employed by contractors or subcontractors on construction work performed on projects financed or otherwise assisted in whole or in part by a loan, loan guarantee, grant, credit enhancement, or any other form of Federal assistance administered by the Secretary or the Department, including programs to capitalize revolving loan funds and subsequent financing cycles under such funds, shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality, as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40. With respect to the labor standards specified in this section, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267) and section 3145 of title 40.”;

(2) by redesignating subsection (c) as subsection (b); and

(3) in subsection (b), as so redesignated, by inserting “Apprenticeship and skill training programs.—” before “The provisions”.

(b) Conforming amendments.—

(1) Section 133 of title 23, United States Code, is amended by striking subsection (i).

(2) Section 167 of title 23, United States Code, is amended by striking subsection (l).

(3) Section 1401 of the MAP–21 (23 U.S.C. 137 note) is amended by striking subsection (e).

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 exclusions under this section for at least 10 years, have a term of 5 years.”.

SEC. 1115. Surface transportation project delivery program written agreements.

Section 327 of title 23, United States Code, is amended—

(1) in subsection (a)(2)(G) by inserting “, including the payment of fees awarded under section 2412 of title 28” after “with the project”.

(2) 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

“(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.”;

(3) in subsection (g)(1)—

(A) in subparagraph (C) by striking “annual”;

(B) in subparagraph (B) by striking “and” at the end;

(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 agreement period; and”; and

(4) 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 an agency of the United States for the purposes of section 2412 of title 28.”.

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, replacement, rehabilitation, preservation, or protection, other than de minimis work, as determined by the applicable State department of transportation, on a bridge project that receives financial assistance under title 23, United States Code.

(2) CERTIFIED CONTRACTOR.—The term “certified contractor” means a contracting or subcontracting firm that has been certified by an industry-wide recognized third party organization that evaluates the capability of the contractor or subcontractor to properly perform 1 or more specified aspects of applicable bridge projects described 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—

(A) offered or accredited by an organization that sets industry corrosion standards; or

(B) an industrial coatings applicator training 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 standards of subpart A of part 29 and part 30 of title 29, Code of Federal Regulations.

(b) Applicable Bridge Projects.—

(1) QUALITY CONTROL.—A certified contractor shall carry out aspects of an applicable bridge project described in paragraph (2).

(2) ASPECTS OF APPLICABLE BRIDGE PROJECTS.—Aspects of an applicable bridge project referred to in paragraph (1) shall include—

(A) surface preparation or coating application on steel or rebar of an applicable bridge project;

(B) removal of a lead-based or other hazardous coating from steel of an existing applicable bridge project; and

(3) CORROSION MANAGEMENT SYSTEM.—In carrying out an applicable bridge project, a State department of transportation shall—

(A) implement a corrosion management system that utilizes industry-recognized standards and corrosion mitigation and prevention methods to address—

(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 environmental degradation and uphold public health.

(B) require certified contractors, for the purpose of carrying out aspects of applicable bridge projects described in paragraph (2), to employ a substantial number of individuals that are trained and certified by a qualified training program as meeting the ANSI/NACE Number 13/SSPC–ACS–1 standard or future versions of this standard.

(4) CERTIFICATION.—The applicable State department of transportation shall only accept bids for projects that include aspects of applicable bridge projects described in paragraph (2) from a certified contractor that presents written proof that the certification of such contractor meets the standards of SSPC QP1, QP2, and QP3 or future versions of these standards.

(c) Training program.—As a condition of entering into a contract for an applicable bridge project, each certified contractor shall provide training, through a qualified training program, for each individual who is not a certified coating applicator but that the certified contractor employs 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.

SEC. 1118. Accommodation of certain facilities in right-of-way.

(a) In general.—Notwithstanding chapter 1 of title 23, United States Code, electric vehicle charging infrastructure, renewable energy generation facilities, electrical transmission and distribution infrastructure, and broadband infrastructure and conduit shall be treated as a facility covered under part 645 of title 23, Code of Federal Regulations (or successor regulations), for purposes of being accommodated under section 109(l) of title 23, United States Code.

(b) State approval.—A State, on behalf of the Secretary of Transportation, may approve the accommodation of the infrastructure and facilities described in subsection (a) within any right-of-way on a Federal-aid highway pursuant to section 109(l) of title 23, United States Code.

SEC. 1119. Federal grants for pedestrian and bike safety improvements.

(a) In general.—Notwithstanding any provision of title 23, United States Code, or any regulation issued by the Secretary of Transportation, section 129(a)(3) of such title shall not apply to a covered public authority that receives funding under such title for pedestrian and bike safety improvements.

(b) No toll.—A covered public authority may not charge a toll, fee, or other levy for use of such improvements.

(c) Effective date.—A covered public authority shall be eligible for the exemption under subsection (a) for 10 years after the date of enactment of this Act. Any such exemption granted shall remain in effect after the effective date described in this section.

(d) Definitions.—In this section, the following definitions apply:

(1) COVERED PUBLIC AUTHORITY.—The term “covered public authority” means a public authority with jurisdiction over a toll facility located within both—

(A) a National Scenic Area; and

(B) the National Trail System.

(2) NATIONAL SCENIC AREA.—The term “National Scenic Area” means an area of the National Forest System federally designated as a National Scenic Area in recognition of the outstanding natural, scenic, and recreational values of the area.

(3) NATIONAL TRAIL SYSTEM.—The term “National Trail System” means an area described in section 3 of the National Trails System Act (16 U.S.C. 1242).

(4) PUBLIC AUTHORITY; TOLL FACILITY.—The terms “public authority” and “toll facility” have the meanings such terms would have if such terms were included in chapter 1 of title 23, United States Code.

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 sustainability, transportation system access, or combating climate change”;

(B) in paragraph (1)(B) by striking “and” at the end;

(i) in subparagraph (G)—

(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);

(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 greenhouse gas emissions that are eligible under section 171, including the installation of electric vehicle charging infrastructure.

“(R) Projects on or off the National Highway System to enhance resilience of a transportation facility eligible under section 124, including protective features and natural infrastructure.

“(S) Projects and strategies to reduce vehicle-caused wildlife mortality related to, or to restore and maintain connectivity among terrestrial or aquatic habitats affected by, a transportation facility eligible for assistance under this section.

“(T) Projects on or off the National Highway System to improve an evacuation route eligible under section 124(b)(1)(C).

“(U) The removal, retrofit, repurposing, remediation, or replacement of a highway on the National Highway System that creates a barrier to community connectivity to improve access for multiple modes of transportation.”; 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 defined in the State’s asset management plan, on the National Highway System;

“(B) demonstrates that the project—

“(i) supports the achievement of performance targets of the State established 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 public transportation project eligible for assistance under chapter 53 of title 49; or

“(III) the construction of a non-single occupancy passenger vehicle 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 subparagraph (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 Secretary 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 addressed 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 transportation demand modeling used to calculate 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.

“(b) Eligible activities.—

“(1) IN GENERAL.—Subject to paragraph (2), funds apportioned to the State under section 104(b)(8) may be obligated for—

“(A) construction activities, including construction of natural infrastructure or protective features—

“(i) to increase the resilience of a surface transportation infrastructure asset to withstand a covered event;

“(ii) to relocate or provide a reasonable alternative to a repeatedly damaged facility; and

“(iii) for an evacuation route identified in the vulnerability assessment required under section 134(i)(2)(I)(iii) or section 135(f)(10)(C) to—

“(I) improve the capacity or operation of such evacuation route through communications and intelligent transportation system equipment and infrastructure, counterflow measures, and shoulders; and

“(II) relocate such evacuation route or provide a reasonable alternative to such evacuation route to address the risk of a covered event;

“(B) resilience planning activities, including activities described in sections 134(i)(2)(I) and 135(f)(10) of this title and sections 5303(i)(2)(I) and 5304(f)(10) of title 49; and

“(C) the development of projects and programs that help States, territories, and regions recover from covered events that significantly disrupt the transportation system, including—

“(i) predisaster training programs that help agencies and regional stakeholders plan for and prepare multimodal recovery efforts; and

“(ii) the establishment of region-wide telework training and programs.

“(2) INFRASTRUCTURE RESILIENCE AND ADAPTATION.—No funds shall be obligated to a project under this section unless the project meets each of the following criteria:

“(A) The project is designed to ensure resilience over the anticipated service life of the surface transportation infrastructure asset.

“(B) The project is identified in the metropolitan or statewide transportation improvement program as a project to address resilience vulnerabilities, consistent with section 134(j)(3)(E) or 135(g)(5)(B)(iii).

“(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 in the long-term;

“(B) reduce the risk of disruption to a surface transportation infrastructure asset considered critical to support population centers, freight movement, economic activity, evacuation, recovery, national security functions, or critical infrastructure; and

“(C) ease disruptions to vulnerable, at-risk, or transit-dependant populations.

“(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), flooding, and an extreme event or other natural disaster (including wildfires, seismic activity, and landslides).

“(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) Projects in flood-Prone areas.—Section 109 of title 23, United States Code, is further amended by adding at the end the following:

“(t) Projects in flood-Prone areas.—For projects and actions that, in whole or in part, encroach within the limits of a flood-prone area, the Secretary shall ensure that such projects and actions are—

“(1) designed and constructed in a way that takes into account, and mitigates where appropriate, flood risk by using hydrologic, hydraulic, and hydrodynamic data, methods, and analysis that integrate current and projected changes in flooding based on climate science over the anticipated service life of the asset and future forecasted land use changes; and

“(2) designed using analysis that considers the capital costs, risks, and other economic, engineering, social and environmental concerns of constructing a project in a flood-prone area.”.

(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.—

“(i) IN GENERAL.—The transportation planning process shall assess strategies 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.

“(ii) CLIMATE CHANGE MITIGATION AND IMPACTS.—A long-range transportation 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 transportation demand and increase the rates of public transportation ridership, walking, bicycling, and carpools; and

“(III) recommend zoning and other land use policies that would support infill, transit-oriented development, and mixed use development.

“(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 repeatedly damaged facilities conducted under part 667 of title 23, Code of Federal Regulations;

“(III) at the discretion of the metropolitan planning organization, identifies evacuation routes, assesses the ability of any such routes to provide safe passage for evacuation, access to health care and public health facilities, and emergency response during an emergency event, and identifies any improvements or redundant facilities necessary to adequately facilitate safe passage;

“(IV) describes the metropolitan planning organization’s adaptation 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, Tribal, and local mitigation plans required under section 322 of the Robert T. Stafford 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 any 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 improve 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.—

“(ii) CLIMATE CHANGE MITIGATION AND IMPACTS.—A long-range transportation 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 transportation demand and increase the rates of public transportation ridership, walking, bicycling, and carpools; and

“(III) recommend zoning and other land use policies that would support infill, transit-oriented development, and mixed use development.

“(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 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 repeatedly damaged facilities conducted under part 667 of title 23, Code of Federal Regulations;

“(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 any 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 improve the resilience of the transportation system.”.

(d) 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 strategies 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 transportation 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 transportation demand and increase the rates of public transportation ridership, walking, bicycling, and carpools; and

“(iii) recommend zoning and other land use policies that would support 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 Regulations;

“(iii) identifies evacuation routes, assesses the ability of any such routes to provide safe passage for evacuation, access to health care and public health facilities, and emergency response during an emergency event, and identifies any improvements or redundant facilities necessary to adequately facilitate safe passage;

“(iv) describes the States’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, Tribal, and local mitigation plans required under section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165).

“(D) CONSULTATION.—The assessment described in this paragraph shall be developed in consultation with, as appropriate, metropolitan planning organizations and State, local, and Tribal officials responsible for land use, housing, resilience, hazard mitigation, 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.—

“(B) CLIMATE CHANGE MITIGATION AND IMPACTS.—A long-range transportation 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 transportation demand and increase the rates of public transportation ridership, walking, bicycling, and carpools; and

“(iii) recommend zoning and other land use policies that would support 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 repeatedly damaged facilities conducted under part 667 of title 23, Code of Federal Regulations;

“(iv) describes the State’s adaptation and resilience improvement strategies that will inform the transportation investment decisions of the State; and

(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.

(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);

(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 “(as defined in subsection (e)(1))”;

(B) by redesignating paragraph (3) as paragraph (4); and

“(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 transportation 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 section may not exceed the cost of repair or reconstruction of a comparable facility unless the Secretary determines that the project incorporates economically justified betterments, including protective features to increase the resilience of the facility.

“(C) REPEATEDLY DAMAGED FACILITIES.—An application submitted under this section for the permanent repair or reconstruction of a repeatedly damaged facility shall include consideration and, if feasible, incorporation of economically justifiable betterments, including protective features, to increase the resilience of such 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 “subsection (c)(1)”; and

(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 construction 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 (c)(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 advancement to the construction obligation stage pursuant to paragraph (1), the Secretary may, upon the request of the Governor of the State, issue an extension of not more than 1 year to complete such advancement, and may issue additional extensions after the expiration of any extension, if the Secretary determines the Governor of the State has provided suitable justification to warrant such an extension.

“(h) Hazard mitigation pilot program.—

“(1) IN GENERAL.—The Secretary shall establish a hazard mitigation pilot program for the purpose of mitigating future hazards posed to Federal-aid highways, Federal lands transportation facilities, and Tribal transportation facilities.

“(2) ALLOCATION OF FUNDS.—

“(A) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated such sums as may be necessary for the pilot program established under this subsection.

“(B) CALCULATION.—Annually, the Secretary shall calculate the total amount of outstanding eligible repair costs under the emergency relief program under this section, including the emergency relief backlog, for each State, territory, and Indian Tribe.

“(C) ALLOCATION.—Any amounts made available under this subsection shall be distributed to each State, territory, or Indian Tribe based on—

“(i) the ratio that the total amount of outstanding eligible repair costs for such State, territory, or Indian Tribe, as described under subparagraph (B); bears to

“(ii) the total amount of outstanding eligible repair costs for all States, territories, and Indian Tribes, as described under subparagraph (B).

“(D) LIMITATION.—The allocation to a State, territory, or Indian Tribe described under subparagraph (C) shall not exceed 5 percent of the total amount of outstanding eligible repair costs under the emergency relief program for such State, territory, or Indian Tribe, as described in subparagraph (B).

“(3) ELIGIBLE ACTIVITIES.—Amounts made available under this subsection shall be used for protective features or other hazard mitigation activities that—

“(A) the Secretary determines are cost effective and that reduce the risk of, or increase the resilience to, future damage to existing assets as a result of natural disasters; and

“(B) are eligible under section 124.

“(4) REPORT.—For each fiscal year in which funding is made available for the program under this subsection, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a 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 described in paragraph (1); and

“(C) policy recommendations to improve the effectiveness of the pilot program.

“(5) SUNSET.—The authority provided under this subsection shall terminate on October 1, 2025.

“(i) Improving the emergency relief program.—Not later than 1 year after the date of enactment of the INVEST in America Act, the Secretary shall—

“(1) revise the emergency relief manual of the Federal Highway Administration—

“(A) to include and reflect the definition of the term ‘resilience’ (as defined in section 101(a));

“(B) to identify procedures that States may use to incorporate resilience into emergency relief projects; and

“(C) to consider economically justified betterments in emergency relief projects, such as—

“(i) protective features that increase the resilience of the facility; and

“(ii) incorporation of context sensitive design principles and other planned betterments that improve the safety of the facility;

“(2) consider transportation system access for moderate and low-income families impacted by a major disaster or emergency declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170);

“(3) develop best practices for improving the use of resilience in—

“(A) the emergency relief program under this section; and

“(B) emergency relief efforts;

“(4) provide to division offices of the Federal Highway Administration and State departments of transportation information on the best practices developed under paragraph (2); and

“(5) develop and implement a process to track—

“(A) the consideration of resilience as part of the emergency relief program under this section; 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 conditions, or emergencies, the road—

“(A) is maintained;

“(B) is open to the general public; and

“(C) can accommodate travel by a standard passenger vehicle, without restrictive 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) 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(j)”.

(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)”.

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 inserting “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

(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 percentage of the total project cost that represent the benefit to the railroad or railroads 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 determination of the railroad’s share of the total project cost shall include environment, 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 materials 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 technology or protective upgrades.

“(B) Construction or installation of protective devices (including replacement of functionally obsolete protective devices) at railway-highway crossings.

“(C) Infrastructure and noninfrastructure projects and strategies to prevent 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, including 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 section; 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 Secretary 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 implement the railway crossings program authorized by this section and the effectiveness of projects to improve railway crossing safety.

“(B) CONTENTS.—Each State report under subparagraph (A) shall contain an assessment of the costs of the various treatments employed and subsequent accident experience at improved locations.

“(2) DEPARTMENTAL REPORT.—

“(A) IN GENERAL.—Not later than 180 days after the deadline for the submission 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 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 locations;

“(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 crossings 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 section 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 should, where feasible, coordinate departmental efforts to prevent or reduce trespasser deaths along railroad rights-of-way and at or near railway-highway crossings.

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 (1)(B) by inserting “, except that for the purposes of this section hovercraft and terminal facilities for hovercraft engaging in water transit for passengers or vehicles shall be considered ferry boats and ferry terminal facilities eligible under section 129(c)” after “section 129(c)”;

(C) in paragraph (4) by striking “railway-highway grade crossings” and inserting “projects eligible under section 130 and installation of safety barriers and nets on bridges”;

(D) in paragraph (6)—

(i) by striking “Recreational” and inserting “Transportation alternatives projects eligible under subsection (h), recreational”; and

(ii) by striking “1404 of SAFETEA–LU (23 U.S.C. 402 note)” and inserting “211”;

(E) in paragraph (12) by striking “travel” and inserting “transportation”; and

(F) by adding at the end the following:

“(16) Protective features (including natural infrastructure and vegetation control and clearance) to enhance the resilience of a transportation facility otherwise 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 related 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 national travel and tourism infrastructure strategic plan under section 1431(e) of the FAST Act (49 U.S.C. 301 note).

“(20) roads in rural areas that primarily serve to transport agricultural products from a farm or ranch to a marketplace.

“(21) The removal, retrofit, repurposing, remediation, or replacement of a highway or other transportation facility that creates a barrier to community connectivity to improve access for multiple modes of transportation.”;

(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 enactment of the FAST Act;”;

(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 fiscal year” and inserting “57 percent for fiscal year 2023, 58 percent for fiscal year 2024, 59 percent for fiscal year 2025, and 60 percent for fiscal year 2026”;

(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 population 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

“(ii) describe how funds described under paragraph (1)(A)(ii) will be allocated equitably among such urbanized areas during the period of fiscal years 2023 through 2026.

“(B) JOINT RESPONSIBILITY.—Each State and the Secretary shall jointly ensure compliance with subparagraph (A).

“(C) CONSULTATION WITH REGIONAL TRANSPORTATION PLANNING ORGANIZATIONS.—For purposes of clauses (iii) and (iv) of paragraph (1)(A), before obligating funding attributed to an area with a population less than 50,000, a State shall consult with the regional transportation planning organizations that represent the area, if any.”;

(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 may jointly establish a program to improve the ability of applicants to deliver projects under this subsection in an efficient and expeditious 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 one or more full-time State, regional, or local government employee positions to administer this subsection.

“(B) ELIGIBLE FUNDS.—To carry out this paragraph, a State or metropolitan planning organization may use funds made available under paragraphs (2) or (6) of section 104(b)

“(C) USE OF FUNDS.—Amounts used under this paragraph may be expended—

“(i) directly by the State or metropolitan planning organization; or

“(ii) through contracts with State agencies, private entities, or nonprofit organizations.”;

(6) in subsection (e)—

(A) in paragraph (1)—

(i) by striking “over 200,000” and inserting “greater than 200,000”; and

(ii) by striking “2016 through 2020” and inserting “2023 through 2026”; and

(B) by adding at the end the following:

“(3) ANNUAL AMOUNTS.—To the extent practicable, each State shall annually notify each affected metropolitan planning organization as to the amount of obligation authority that will be made available under paragraph (1) to each affected metropolitan planning organization for the fiscal year.”;

(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-system 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 purposes 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—

“(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 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 established by the Secretary.”; and

(8) in subsection (g)—

(A) in the heading by striking “5,000” and inserting “50,000”; and

(B) in paragraph (1) by striking “subsection (d)(1)(A)(ii)” and all that follows through the period at the end and inserting “clauses (iii) and (iv) of subsection (d)(1)(A) for each fiscal year may be obligated on roads functionally classified as rural minor collectors or local roads or on critical rural freight corridors designated under section 167(e).”.

(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 following:

“133. Surface transportation program.”.

(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) PUBLIC TRANSPORTATION.—Section 142(e)(2) of title 23, United States Code, is amended by striking “block grant”.

(3) HIGHWAY USE TAX EVASION PROJECTS.—Section 143(b)(8) of title 23, United States Code, is amended in the heading by striking “block grant”.

(4) CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM.—Section 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”.

(5) 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”.

(6) MAGNETIC LEVITATION TRANSPORTATION TECHNOLOGY DEPLOYMENT PROGRAM.—Section 322(h)(3) of title 23, United States Code, is amended by striking “block grant”.

(7) 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 enhancement 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 transportation 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 the funds set aside under paragraph (1) to the entities described in subclause (I) if the State submits to the Secretary, and the Secretary approves, a plan that describes—

“(I) how such funds shall be made available to metropolitan planning 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 equivalent 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 obligated for any of the following projects or activities:

“(A) Construction, planning, and design of on-road and off-road trail facilities for pedestrians, bicyclists, and other nonmotorized forms of transportation, including sidewalks, bicycle infrastructure, pedestrian and bicycle signals, traffic calming techniques, lighting and other safety-related infrastructure, and transportation projects to achieve compliance with the Americans 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 pedestrians, 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, facilitate 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 described in sections 328(a) and 329.

“(G) Projects and strategies to reduce vehicle-caused wildlife mortality related to, or to restore and maintain connectivity among terrestrial or aquatic habitats affected by, a transportation facility otherwise eligible for assistance 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 described in section 148.

“(K) Any other projects or activities described in section 101(a)(29) or section 213, as such sections were in effect on the day before the date of enactment 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 competitive process to allow eligible entities to submit projects for funding that achieve the objectives of this subsection. A metropolitan planning organization for an area described in subsection (d)(1)(A)(i) shall select projects under such process in consultation with the relevant State.

“(B) PRIORITY.—The processes described in subparagraph (A) shall prioritize project location and impact in low-income, transit-dependent, or other high-need areas.

“(C) ELIGIBLE ENTITY DEFINED.—In this paragraph, the term ‘eligible entity’ means—

“(i) a local government, including a county or multi-county special district;

“(ii) a regional transportation authority;

“(iii) a transit agency;

“(iv) a natural resource or public land agency;

“(v) a school district, local education agency, or school;

“(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 transportation;

“(ix) any other local or regional governmental entity with responsibility 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 determines 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 Secretary for the administration of such program; and

“(iii) comply with the provisions of the administration of the recreational trails program under section 206, including the use of apportioned 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 Secretary 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 efficient and expeditious manner by providing—

“(i) to applicants for projects under this subsection application assistance, 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 one or more full-time State employee positions to administer this subsection.

“(B) USE OF FUNDS.—Amounts used under subparagraph (A) may be expended—

“(i) directly by the State; or

“(ii) through contracts with State agencies, private entities, or nonprofit entities.

“(C) IMPROVING PROJECT DELIVERY.—

“(i) IN GENERAL.—The Secretary shall take such action as may be necessary, consistent with Federal requirements, to facilitate efficient and timely delivery of projects under this subsection that are small, low impact, and constructed within an existing built environment.

“(ii) CONSIDERATIONS.—The Secretary shall consider the use of programmatic agreements, expedited or alternative procurement processes (including project bundling), and other effective practices to facilitate the goals of this paragraph.

“(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-Federal 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.

“(iii) REQUIREMENT.—This subparagraph shall only apply to a State if such State has adequate financial controls, as certified by the Secretary, to account for the average annual non-Federal share under this subparagraph.

“(B) SAFETY PROJECTS.—Notwithstanding section 120, funds made available 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 defined in section 148(a)).

“(8) FLEXIBILITY.—

“(A) STATE AUTHORITY.—

“(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 requirements of this subsection in such form as the Secretary determines appropriate;

“(II) that the State offered technical assistance to all eligible entities and provided such assistance upon request by an eligible entity; and

“(III) that there were not sufficient suitable applications from eligible entities to use the funds described in clause (i).

“(B) MPO AUTHORITY.—

“(i) IN GENERAL.—A metropolitan planning organization that represents 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 appropriate; and

“(II) demonstrates that there were not sufficient suitable applications from eligible entities to use the funds described in clause (i).

“(9) ANNUAL REPORTS.—

“(A) IN GENERAL.—Each State or metropolitan planning organization responsible 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 by eligibility category to be carried out, expressed as percentages 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 recipient, the funding sources (including non-Federal match), the project status, the specific location, the congressional district, the type by eligibility category, 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 Transportation, 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 inventory 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.—

“(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;

“(B) improve the safety, efficiency, and reliability of the movement of people 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 paragraphs (1) and (2) of section 104(b) for fiscal years 2023 to 2026, a State shall obligate not less than 20 percent for projects described in subparagraph (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 purposes of calculating or meeting the minimum bridge investment requirement 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 established under section 150, are consistent with the transportation asset management plan of the State, or provide support for the condition and performance of bridges on public roads within the State; and

“(iii) remove, replace, reconstruct, rehabilitate, preserve, or protect a bridge included on the national bridge inventory authorized 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 conventionally 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 infrastructure) 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;

“(XII) inspection and evaluation of bridges;

“(XIII) training for bridge inspectors consistent with subsection (i); and

“(XIV) removal of a bridge classified as in poor condition in order to improve community connectivity.

“(F) BUNDLES OF PROJECTS.—A State may use a bundle of projects as described 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 performance targets under section 150 or to improve the condition and performance 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 report 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 pursuant to the minimum bridge investment requirements under subparagraph (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 obligation 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 determination 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 subparagraph (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 following:

“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), respectively.

SEC. 1209. Highway safety improvement program.

(a) In general.—Section 148 of title 23, United States Code, is amended—

(1) in subsection (a)—

(A) in paragraph (4)(B)—

(i) by striking “only includes a project” and inserting “includes a project”;

(ii) in clause (xiii) by inserting “, including the development of a vulnerable 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 sidewalks, 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 subparagraphs (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);”;

(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 carried 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) TRANSPORTATION MANAGEMENT AREA.—The term ‘transportation management area’ means an area designated under section 134(k).

“(16) VULNERABLE ROAD USER.—The term ‘vulnerable road user’ means a nonmotorist—

“(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 regulation); or

“(B) described in the term ‘number of non-motorized serious injuries’ in such section.

“(17) VULNERABLE ROAD USER SAFETY ASSESSMENT.—The term ‘vulnerable 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 organization to improve the safety of vulnerable road users described in subsection (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 vulnerable 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 motorcyclists), 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 the Secretary determines that the fatality rate on rural roads in a State for the most recent 2-year period for which data are available exceeds the median fatality rate for rural roads among all States, such 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) shall be from amounts described under section 133(d)(1)(B).

“(C) ANNUAL DETERMINATION.—The determination described under subparagraph (A) shall be made on an annual basis.

“(D) CONSULTATION.—In carrying out a project with an amount obligated under subparagraph (A), a State shall consult with, as applicable, local governments, metropolitan planning organizations, and regional transportation planning organizations.”;

(B) in paragraph (2)—

(i) in the heading by striking “drivers” and inserting “road users”;

(ii) by striking “drivers and pedestrians” and inserting “road users”; and

(iii) by striking “address the increases in” and inserting “reduce”; and

“(3) VULNERABLE ROAD USER SAFETY.—

“(A) HIGH RISK STATES.—

“(i) ANNUAL DETERMINATION.—Beginning on the date of enactment of the INVEST in America Act, the Secretary shall determine on an annual basis whether the number of vulnerable road user fatalities and serious injuries per capita in a State over the most recent 2-year period for which data are available exceeds the median number fatalities in all such areas over such 2-year period.

“(ii) OBLIGATION REQUIREMENT.—If the Secretary determines that the number of vulnerable road user fatalities and serious injuries per capita in a 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 over such 2-year period 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 for projects in that State as required by subparagraph (B)(ii)) for—

“(I) in the first two fiscal years after the enactment of the INVEST in America Act—

“(aa) performing the vulnerable road user safety assessment as required by subsection (l);

“(bb) providing matching funds for transportation alternatives safety projects as identified in section 133(h)(7)(B); or

“(cc) projects eligible under subparagraphs (A), (B), (C), or (I) of section 133(h); and

“(II) in each 2-year period thereafter, projects identified in the program of projects described in subsection (l)(2)(C).

“(B) HIGH RISK AREAS.—

“(i) ANNUAL DETERMINATION.—The Secretary shall determine on an annual basis whether the number of vulnerable road user fatalities per capita in a transportation management area over the most recent 2-year period for which data are available exceeds the median number fatalities in all such areas over such 2-year period.

“(ii) OBLIGATION REQUIREMENT.—If the Secretary determines that the number of vulnerable road user fatalities per capita in the transportation management area over the most recent 2-year period for which data are available exceeds the median number of such fatalities over such 2-year period among all such areas, then there shall be required to be obligated over the 2 fiscal years following the fiscal year in which such determination is made, for projects identified in the program of projects described in subsection (l)(7)(C), an amount that is not less than 50 percent of the amount set aside for that urbanized area under section 133(h)(2) for fiscal year 2020.

“(iii) APPLICABILITY.—The obligation requirement described in clause (ii) shall not take effect until the subject metropolitan planning organization has developed the vulnerable road user safety assessment described in subsection (l)(7).

“(C) SOURCE OF FUNDS.—

“(i) IN GENERAL.—Any amounts required to be obligated under this paragraph shall be from amounts apportioned under section 104(b) except for—

“(I) amounts described in section 133(d)(1)(A); and

“(II) amounts set aside under section 133(h).

“(ii) AREAS IN A HIGH RISK STATE.—If an area subject to the obligation requirement described in subparagraph (B)(ii) is located in a State required to obligate funds to vulnerable road user safety under subparagraph (A)(ii), any obligations in such State for projects identified in the program of projects described in subsection (l)(7)(C) shall count toward such State’s obligation requirement under subparagraph (A)(ii).”;

(6) in subsection (h)(1)(A)—

(A) by inserting “, including any efforts to reduce vehicle speed” after “under this section”; and

(B) by inserting “and projects identified under a vulnerable road user safety assessment” after “projects”; and

(7) by adding at the end the following:

“(l) Vulnerable road user safety assessment.—

“(1) IN GENERAL.—Not later than 1 year after date of enactment of the INVEST in America Act, each State shall create a vulnerable road user safety assessment.

“(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, including, if available, 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, including, if available, the design speeds of such corridors; and

“(C) a program of projects or strategies to reduce safety risks to vulnerable road users in corridors identified under subparagraph (B), in coordination with local governments, metropolitan planning organizations, and regional 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 organizations, 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 vulnerable road users.

“(7) URBANIZED AREA ASSESSMENTS.—

“(A) IN GENERAL.—A metropolitan planning organization representing a transportation management area shall, in consultation with local governments in such area, complete a vulnerable road user safety assessment based on the most recent 5 years of available data at least once every 4 years.

“(B) CONTENTS.—The assessment completed under subparagraph (A) shall include—

“(i) a description of the location within the area of each vulnerable road user fatality and, if available, serious injury;

“(ii) a description of any corridors that represent a high-risk area identified under paragraph (2)(B) or have otherwise been identified by the metropolitan planning organization or local government that pose a high risk of a vulnerable road user fatality or serious injury; and

“(iii) a program of projects or strategies to reduce safety risks to vulnerable road users in corridors identified under subparagraph (B).”.

(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”.

(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 enactment 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 submission 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 “subsection (i)”;

(B) in paragraph (7) by inserting “shared micromobility (including bikesharing and shared scooter systems), publicly accessible charging stations, docks, and storage for electric bicycles and micromobility devices,” after “carsharing”;

(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 congestion from long-haul travel or tourism.”;

(2) in subsection (c)—

(A) in paragraph (2)—

(i) in the heading by inserting “, hydrogen vehicle,” after “Electric vehicle”;

(ii) by inserting “hydrogen or” after “charging stations or”; and

(iii) by inserting “, hydrogen-powered,” after “battery powered”; and

(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 Investment 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 consultation 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.—An electric vehicle charging station funded under this title shall—

“(1) provide a charging connector type or means to transmit electricity to vehicles that meets applicable industry accepted practices and safety standards; and

“(2) have the ability to serve vehicles produced by more than one vehicle manufacturer.

“(c) Open access to payment.—Electric vehicle charging stations shall provide payment methods available to all members of the public to ensure secure, convenient, and equal access and shall not be limited by membership to a particular payment provider.

“(d) Network capability.—An electric vehicle charging station funded under this title shall be capable of being remotely monitored.

“(e) Guidance.—Not less than 180 days after enactment of the INVEST in America Act, the Secretary of Transportation, in coordination with the Secretary of Energy, shall, as appropriate, publish guidance for public comment applicable to any electric vehicle charging station funded in whole or in part under this title related to—

“(1) the installation, operation, or maintenance by qualified technicians of electric vehicle charging infrastructure;

“(2) the physical and payment interoperability of electric vehicle charging infrastructure;

“(3) any traffic control device or on-premises sign acquired, installed, or operated related to an electric vehicle charging station funded under this title; and

“(4) network connectivity of electric vehicle charging, including measures to protect personal privacy and ensure cybersecurity.

“(f) Wage requirements.—Section 113 shall apply to any project for electric vehicle charging infrastructure funded under this title.”.

(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 a comprehensive system of signs for electric vehicle charging providers to help drivers identify the type of charging and connector types available at the location.

(d) Agreements relating to the use and access of rights-of-Way of the 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.—

“(1) IN GENERAL.—Notwithstanding subsection (a) or (b), the Secretary shall permit, consistent with section 155, the charging of electric vehicles on rights-of-way of the Interstate System, including in—

“(A) a rest area; or

“(B) a fringe or corridor parking facility, including a park and ride facility.

“(2) SAVINGS CLAUSE.—Nothing in this subsection shall permit commercial activities 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.

(a) In general.—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, including local pollution derived from vehicles idling at railway crossings;

“(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)(2) by striking “150 miles” and inserting “300 miles”;

(3) in subsection (f)(4) by striking “75 miles” and inserting “150 miles”;

(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.”;

(i) by striking subparagraph (B) and inserting the following:

“(B) LIMITATION.—The Federal share of a project described in subparagraph (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 operations 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), (3), (4), and (5), respectively; and

(6) in subsection (k)(1)(A)(ii) by striking “ports-of entry” and inserting “ports-of-entry”.

(b) National highway freight network.—If a congressionally designated future Interstate, or any portion thereof, is included in a State Freight Plan (regardless of whether such project is included in the freight investment plan of the State) approved by the Department of Transportation prior to October 1, 2021, such route shall be considered to be on the National Highway Freight Network established under section 167(c) of title 23, United States Code.

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(d); and

“(3) is—

“(A) eligible for assistance under this title or under chapter 53 of title 49 or is a capital project for vehicles and facilities (whether publicly or privately owned) that are used to provide intercity passenger service by bus; 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 improve 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 transportation and passenger rail transportation projects.

“(e) Single-Occupancy vehicle highway facilities.—None of the funds provided under this section may be used for a project that will result in the construction 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 calculated 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 Secretary shall—

“(A) prior to the effective date of the greenhouse gas performance measures under section 150(c)(7)(A), use such data as are available, which may include data on motor fuels usage published by the Federal Highway Administration 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 measures under section 150(c)(7)(A), use such measures.

“(g) Progress report.—The Secretary shall annually issue a carbon pollution reduction progress report, to be made publicly available on the website of the Department 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 reduction 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 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 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-performing 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 apportionment 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)(A); 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 eligible 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 eligible 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—

(1) in subsection (a)—

(A) in paragraph (1) by striking “except for” and all that follows and inserting the following: “except for—

“(A) a motorized wheelchair; and

“(B) in any case in which applicable laws and regulations permit use, an electric bicycle, as defined in section 217(j).”;

(B) in paragraph (2)—

(i) in subparagraph (F) by striking “and” at the end;

(ii) in subparagraph (G) by striking the period and inserting “; and”; and

(iii) by adding at the end the following:

“(F) electric bicycling.”; and

(2) by adding at the end the following:

“(j) Special rule.—Section 113 shall not apply to projects under this section.

“(k) Use of other apportioned funds.—Funds apportioned to a State under section 104(b) that are obligated for recreational trails and related projects shall be administered 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 inserting 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 activities under this section.

“(d) Eligible entities.—Projects, programs, and activities funded under this section may be carried out by eligible entities described under section 133(h)(4)(B) that demonstrate an ability to meet the requirements of this section.

“(e) Eligible projects and activities.—

“(1) INFRASTRUCTURE-RELATED PROJECTS.—

“(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 reduction 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 subparagraph (A) may be carried out on any public road or any bicycle or pedestrian pathway or trail in the vicinity of schools.

“(2) NONINFRASTRUCTURE-RELATED ACTIVITIES.—In addition to projects described in paragraph (1), a State may obligate funds under this section for noninfrastructure-related activities to encourage walking and bicycling to school, including—

“(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 environment;

“(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 apportionment 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 paragraph (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 any funds authorized by this section.

“(f) Federal share.—The Federal share of the cost of a project, program, or activity 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 strategies 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) 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 section 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”;

(2) in subsection (e) by striking “bicycles” and inserting “pedestrians or bicyclists” each place such term appears;

(3) in subsection (j)—

(A) in paragraph (1) by inserting “or operators of micromobility devices” after “bicyclists”;

(B) by striking paragraph (2) and inserting the following:

“(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 electric 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.

“(3) MICROMOBILITY DEVICE.—The term ‘micromobility device’ means any wheeled vehicle equipped with a low powered electric motor—

“(A) that is designed primarily for human transport;

“(B) that weighs not more than 100 pounds; and

“(C) that has a top speed of 20 miles per hour or less.”.

SEC. 1217. Noise barriers.

(a) Permitting use of highway trust fund for construction of certain noise barriers.—Section 339(b)(1) of the National Highway System Designation Act of 1995 (23 U.S.C. 109 note) is amended to read as follows:

“(1) GENERAL RULE.—No funds made available out of the Highway Trust Fund may be used to construct a Type II noise barrier (as defined by section 772.5(I) of title 23, Code of Federal Regulations) pursuant to subsections (h) and (I) of section 109 of title 23, United States Code, unless—

“(A) such a barrier is part of a project approved by the Secretary before November 28, 1995; or

“(B) such a barrier separates a highway or other noise corridor from a group of structures of which the majority of those closest to the highway or noise corridor—

“(i) are residential in nature; and

“(ii) either—

“(I) were constructed before the construction or most recent widening of the highway or noise corridor; or

“(II) are at least 10 years old.”.

(b) Eligibility for surface transportation program funds.—Section 133 of title 23, United States Code, is amended—

(1) in subsection (b) by adding at the end the following:

“(22) Planning, design, or construction of a Type II noise barrier (as described in section 772.5 of title 23, Code of Federal Regulations).”; and

(2) in subsection (c)(2) by inserting “and paragraph (22)” after “(11)”.

SEC. 1218. Safe streets for all.

Section 148 of title 23, United States Code, is further amended by adding at the end the following:

“(m) Safe streets for all.—

“(1) SAFE STREETS SET-ASIDE.—

“(A) ESTABLISHMENT.—The Secretary shall establish a safe streets program to eliminate the occurrence of transportation-related fatalities and serious injuries on public roads, with a focus on vulnerable road users.

“(B) AMOUNT.—Of the funds apportioned to a State under section 104(b)(3) for each fiscal year, the Secretary shall reserve an amount such that—

“(i) the Secretary reserves a total under this subsection of $500,000,000 for each of fiscal years 2023 through 2026; and

“(ii) the State's share of that total is distributed in the same manner as the amount apportioned to the State under section 104(b)(3) for each fiscal year bears to the total amount of funds apportioned to all States under such section.

“(2) SUBALLOCATION.—For each fiscal year for which funds are set aside under this subsection, such funds shall be obligated within a State in the manner described in subsections (d) and (e) of section 133, except that, for the purposes of this subsection, the percentage referred to in section 133(d)(1)(A) shall be treated as 100 percent.

“(3) USE OF FUNDS.—

“(A) IN GENERAL.—Funds set aside under this subsection shall be available for obligation—

“(i) for a complete streets project that supports the safe, comfortable, convenient, and independent movement of all users of the transportation system, of all ages and abilities, consistent with context sensitive design principles;

“(ii) for activities eligible under the safe routes to school program under section 211;

“(iii) to develop and implement the policies and procedures described in section 109(s);

“(iv) for any element of vision zero planning described under section 1601 of the INVEST in America Act and to implement an existing vision zero plan;

“(v) for other activities in furtherance of the vulnerable road user safety assessment of the State or the metropolitan planning organization described under subsection (l); and

“(vi) for any other project, program, or plan eligible under this section that provides for the safe and adequate accommodation of all users of the surface transportation network, as determined by the Secretary.

“(B) SPECIAL RULE.—If a State or metropolitan planning organization demonstrates to the satisfaction of the Secretary that such State or metropolitan planning organization has met all its needs for vulnerable road user safety under this section, the State or metropolitan planning organization may use funds made available under this subsection for other highway safety improvement program purposes, subject to the suballocation under paragraph (2). The Secretary may not make a determination under this subparagraph if the State or metropolitan planning organization has been subject to the special rule described in subsection (g)(3) within the last 5 years.”.

SEC. 1219. Youth service and conservation corps.

(a) In general.—Chapter 2 of title 23, United States Code, is amended by inserting after section 211 (as added by this Act) the following:

“§ 212. Use of youth service and conservation corps

“(a) In general.—The Secretary may allow and shall encourage project sponsors to enter into contracts and cooperative agreements with qualified youth service or conservation corps, as described in sections 122(a)(2) of the National and Community Service Act of 1990 (42 U.S.C. 12572(a)(2)) and 106(c)(3) of the National and Community Service Trust Act of 1993 (42 U.S.C. 12656(c)(3)) to perform appropriate projects eligible under sections 133(h), 162, 206, and 211.

“(b) Requirements.—Under any contract or cooperative agreement entered into with a qualified youth service or conservation corps under this section, the Secretary shall—

“(1) set the amount of a living allowance or rate of pay for each participant in such corps at—

“(A) such amount or rate as required under State law in a State with such requirements; or

“(B) for corps in States not described in subparagraph (A), at such amount or rate as determined by the Secretary, not to exceed the maximum living allowance authorized by section 140 of the National and Community Service Act of 1990 (42 U.S.C. 12594); and

“(2) not subject such corps to the requirements of section 112.”.

(b) Clerical amendment.—The analysis for chapter 2 of title 23, United States Code, is amended by inserting after the item relating to section 211 (as added by this Act) the following:

“212. Use of youth service and conservation corps.”.

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 regional significance program under which the Secretary may make grants to, and establish 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 containing 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 reasonably 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 apportioned 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 fiscal 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.

“(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 specified in law in advance for commitments under this paragraph, to obligate an additional amount from future available budget authority specified 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 borrowing.

“(ii) CERTIFICATION.—The applicant shall certify to the Secretary that the applicant has shown reasonable diligence in seeking the most favorable 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 expenditures 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 crossing 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 transportation 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 section 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 section may use such grant for—

“(1) development phase activities, including planning, feasibility analysis, revenue 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), environmental 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, resilience, 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 commitments, including—

“(A) one 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 reduction and reliability improvements;

“(v) national and regional economic benefits;

“(vi) resilience benefits, including the ability to withstand disruptions from a seismic event;

“(vii) environmental benefits, including reduction in greenhouse gas emissions and air quality benefits; and

“(viii) benefits to all users of the project, including pedestrian, bicycle, 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 consider the following:

“(A) Whether the project spans at least 1 border between 2 States.

“(B) Whether the project serves low-income residents of low-income communities, including areas of persistent poverty, while not displacing such residents.

“(C) Whether the project uses innovative technologies, innovative design and construction techniques, or pavement materials that demonstrate reductions in greenhouse gas emissions through sequestration or innovative manufacturing processes and, if so, the degree to which such technologies, techniques, or materials are used.

“(D) Whether the project improves connectivity between modes of transportation moving people or goods in the Nation or region.

“(E) Whether the project provides new or improved connections between at least two metropolitan areas with a population of at least 500,000.

“(F) Whether the project would replace, reconstruct, or rehabilitate a commuter corridor (including a high-commuter corridor (as such term is defined in section 203(a)(6))) that is in poor condition.

“(G) Whether the project would improve the shared transportation corridor of a multistate corridor.

“(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 to receive an award under this 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

“(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 program 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 authorization.

“(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 2023 through 2026.

“(4) PUBLICATION OF METHODOLOGY.—

“(A) IN GENERAL.—Prior to the issuance of any notice of funding opportunity 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 subsection (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 published 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 assistance provided for a project receiving a grant under this section may not exceed 80 percent of the total project cost.

“(k) Bridge investments.—Of the amounts made available to carry out this section, the Secretary shall reserve not less than $1,000,000,000 in each fiscal year to make grants for projects described in subsection (e)(1)(A).

“(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 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 transportation component of a project, the requirements of section 5333 of title 49 shall apply.

“(C) BUY AMERICA.—In applying the Buy America 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.

“(m) 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.

“(n) Administration.—Of the amounts made available to carry out this section, the Secretary may use up to $5,000,000 in each fiscal year for the costs of administering the program under this section.

“(o) 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.

“(p) 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 Environment and Public Works, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Commerce, Science, and Transportation of the Senate—

“(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 subsection (i);

“(C) a list of applications that received final consideration by the Secretary 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 selected 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).

“(q) 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 applicant under this section, the opportunity to receive a briefing to explain any reasons the grant applicant was not awarded a grant.

“(r) Definition of eligible entity.—In this section, the term ‘eligible entity’ means—

“(1) a State or a group of States;

“(2) a unit of local government, including a metropolitan planning organization, or a group of local governments;

“(3) a political subdivision of a State or local government;

“(4) a special purpose district or public authority with a transportation function, including a port authority;

“(5) an Indian Tribe or Tribal organization;

“(6) a Federal agency eligible to receive funds under section 201, 203, or 204, including the Army Corps of Engineers, Bureau of Reclamation, and the Bureau of Land Management, that applies jointly with a State or group of States;

“(7) a territory; and

“(8) a multistate or multijurisdictional group of entities described in this paragraph.”.

(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 following:

“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 repair, 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 containing 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—

“(2) construction, reconstruction, rehabilitation, acquisition of real property (including land related to the project and improvements to such land), environmental 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 areas with a population greater than 74,999 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 that are outside of an urbanized area with a population greater than 74,999 individuals, as determined by the Bureau of the Census.

“(3) EXCESS FUNDING.—If the Secretary determines that there are insufficient qualified 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.

“(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 receive 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) 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

“(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 explanation of the evaluation and rating process developed under subsection (f), including 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 Committee 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 notifications:

“(A) A notification when the Secretary publishes or updates the information 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 Secretary announces the award of a grant under this section, a notification describing each grant to be awarded, including the amount and the recipient.

“(i) Technical assistance.—Of the amounts made available to carry out this section, the Secretary may reserve up to $3,000,000 in each fiscal year 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 transportation component of a project, the requirements of section 5333 of title 49 shall apply.

“(i) consider the various modal components of the project; and

“(ii) seek to maximize domestic jobs.

“(l) Transparency.—

“(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.

“(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) an Indian Tribe or Tribal organization;

“(E) a multijurisdictional group of entities described in this paragraph;

“(F) a special purpose district with a transportation function or a port authority;

“(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. Clean corridors program.

(a) Purpose.—The purpose of this section is to establish a formula program to strategically deploy electric vehicle charging infrastructure along designated alternative fuel corridors that will be accessible to all drivers of electric vehicles.

(b) National electric vehicle charging and hydrogen, propane, and natural gas fueling corridors.—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 enactment 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 “Not later than” and inserting the following:

“(1) IN GENERAL.—Not later than”;

(B) 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”;

(D) by adding at the end the following:

“(2) FREIGHT CORRIDORS.—Not later than 1 year after the date of enactment of the INVEST in America Act, the Secretary shall designate national electric vehicle charging and hydrogen fueling freight corridors that identify the near- and long-term need for, and the location of, electric vehicle charging and hydrogen fueling infrastructure to support freight and goods movement at strategic locations along major national highways, the National Highway Freight Network, and goods movement locations including ports, intermodal centers, and warehousing locations.”;

(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 inserting “describes efforts to achieve”; and

(ii) by striking “by the end of fiscal year 2020.” and inserting “, including progress on the implementation of subsection (f); and”;

“(3) summarizes best practices and provides guidance, developed through consultation with the Secretary of Energy, for project development of electric vehicle charging infrastructure to allow for the predictable deployment of such infrastructure.”; and

(5) by adding at the end the following:

“(f) Clean corridors program.—

“(1) ESTABLISHMENT.—There is established a clean corridors program (referred to in this subsection as the “Program”) to provide funding to States to strategically deploy electric vehicle charging and hydrogen fueling infrastructure along alternative fuel corridors and to establish an interconnected network to facilitate data collection, access, and reliability.

“(2) PURPOSE.—The purpose of the Program is to provide funding for—

“(A) the acquisition and installation of electric vehicle charging infrastructure and hydrogen fueling infrastructure to serve as a catalyst for the deployment of such infrastructure and to connect it to a network to facilitate data collection, access, and reliability;

“(B) proper operation and maintenance of electric vehicle charging infrastructure; and

“(C) data sharing about charging and fueling infrastructure to ensure the long-term success of investments made through the Program.

“(3) ALTERNATIVE DISTRIBUTION OF FUNDS.—

“(A) PLAN.—The Secretary shall establish a deadline by which a State shall provide a plan to the Secretary, in such form and such manner that the Secretary requires, describing how such State intends to use its allocation under this section.

“(B) EFFICIENT OBLIGATION OF FUNDS.—If a State fails to submit the plan required by subparagraph (A) to the Secretary in a timely manner, or if the Secretary determines a State has not taken sufficient action to carry out its plan, the Secretary may—

“(i) withdraw from the State the funds that were apportioned to the State for a fiscal year under section 104(b)(10);

“(ii) award such funds on a competitive basis to local units of government within the State for use on projects that meet the eligibility requirements described in paragraph (4); and

“(iii) ensure timely obligation of such funds.

“(C) REDISTRIBUTION AMONG STATES.—If the Secretary determines that any funds withdrawn from a State under subparagraph (B)(i) cannot be fully awarded to local units of government within the State under subparagraph (B)(ii) in a manner consistent with the purpose of this subsection, any such funds remaining under subparagraph (B)(i) shall be—

“(i) apportioned among other States (except States for which funds for that fiscal year have been withdrawn under subparagraph (B)(i)) in the same ratio as funds apportioned for that fiscal year under section 104(b)(10)(C) for the Program; and

“(ii) only available to carry out this section.

“(4) ELIGIBLE PROJECTS.—

“(A) IN GENERAL.—Funding made available under this subsection shall be for projects—

“(i) directly related to the electric charging or hydrogen fueling of a vehicle; and

“(ii) only for infrastructure that is open to the general public or to authorized commercial motor vehicle operators from more than 1 company.

“(B) LOCATION OF INFRASTRUCTURE.—

“(i) IN GENERAL.—Any charging or fueling infrastructure acquired or installed with funding under this subsection shall be located along an alternative fuel corridor.

“(ii) GUIDANCE.—Not later than 90 days after the date of enactment of the INVEST in America Act, the Secretary of Transportation, in coordination with the Secretary of Energy, shall develop guidance for States and localities to strategically deploy charging and fueling infrastructure along alternative fuel corridors, consistent with this section.

“(iii) ADDITIONAL CONSIDERATIONS.—In developing the guidance required under clause (ii), the Secretary of Transportation, in coordination with the Secretary of Energy, shall consider—

“(I) the distance between publicly available charging and fueling infrastructure eligible under this section;

“(II) connections to the electric grid or fuel distribution system, including electric distribution upgrades, vehicle-to-grid integration, including smart charge management or other protocols that can minimize impacts to the electric grid, and alignment with electric distribution interconnection processes;

“(III) plans to protect the electric grid from added load of charging distribution systems from adverse impacts of changing load patterns, including through on site storage;

“(IV) plans for the use of renewable energy sources to power charging, energy storage, and hydrogen fuel production;

“(V) the proximity of existing off-highway travel centers, fuel retailers, and small businesses to electric vehicle charging infrastructure acquired or funded under this subsection;

“(VI) the need for publicly available electric vehicle charging infrastructure in rural corridors;

“(VII) the long-term operation and maintenance of publicly available electric vehicle charging infrastructure to avoid stranded assets and protect the investment of public funds in that infrastructure;

“(VIII) existing private, national, State, local, Tribal, and territorial government electric vehicle charging infrastructure programs and incentives;

“(IX) fostering enhanced, coordinated, public-private or private investment in charging and fueling infrastructure;

“(X) ensuring consumer protection and pricing transparency;

“(XI) the availability of onsite amenities for vehicle operators, including restrooms or food facilities; and

“(XII) any other factors, as determined by the Secretary.

“(5) ELIGIBLE PROJECT COSTS.—Subject to paragraph (6), funds made available under this subsection may be used for—

“(A) the acquisition or installation of electric vehicle charging or hydrogen fueling infrastructure;

“(B) operating assistance for costs allocable to operating and maintaining infrastructure acquired or installed under this subsection, for a period not to exceed five years;

“(C) the acquisition or installation of traffic control devices located in the right-of-way to provide directional information to infrastructure acquired, installed, or operated under this subsection; or

“(D) on-premises signs to provide information about infrastructure acquired, installed, or operated under this subsection.

“(6) GUIDANCE.—Not later than 180 days after the date of enactment of the INVEST in America Act, the Secretary of Transportation, in coordination with the Secretary of Energy, shall, as appropriate, publish guidance for public comment related to—

“(A) the installation, operation, or maintenance by qualified technicians of electric vehicle charging infrastructure under this subsection;

“(B) the physical and payment interoperability of electric vehicle charging infrastructure under this subsection;

“(C) any traffic control device or on-premises sign acquired, installed, or operated under this subsection;

“(D) any data requested by the Secretary related to a project funded under this subsection, including the format and schedule for the submission of such data; and

“(E) network connectivity of electric vehicle charging that includes measures to protect personal privacy and ensure cybersecurity.

“(7) FEDERAL SHARE.—The Federal share payable for the cost of a project funded under this subsection shall be 80 percent.

“(8) PERIOD OF AVAILABILITY.—Notwithstanding section 118(b), funds made available for the Program shall be available until expended.

“(9) ADDITIONAL ASSISTANCE GRANTS.—For each of fiscal years 2023 through 2026, before making an apportionment under section 104(b)(10), the Secretary shall set aside, from amounts made available to carry out the clean corridors program under this subsection, $100,000,000 for grants to States or localities that require additional assistance to strategically deploy infrastructure eligible under this subsection along alternative fuel corridors to fill gaps in the national charging network, including in rural areas.

“(10) DEFINITION OF ALTERNATIVE FUEL CORRIDORS.—In this subsection, the term ‘alternative fuel corridors’ means a fuel corridor—

“(A) designated under subsection (a); or

“(B) equivalent to a fuel corridor described under such subsection that is designated, after consultation with any affected Indian Tribes or Tribal organizations, by a State or group of States.”.

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 innovation 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 emissions while improving the mobility, accessibility, and connectivity of the surface transportation system.

“(b) Purpose.—The purpose of the Program shall be to support communities in reducing greenhouse gas emissions from the surface transportation system.

“(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 authority.

“(6) An Indian Tribe or Tribal organization.

“(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 specified in subsection (c) shall submit to the Secretary an application in such form, at such time, and containing such information as the Secretary determines appropriate.

“(e) Eligible projects.—The Secretary may only provide a grant under the Program 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 is a capital project for vehicles and facilities, whether publicly or privately owned, that are used to provide intercity passenger service by bus; or

“(2) is a capital project as defined in section 22906 of title 49 to improve intercity passenger rail that will yield a significant reduction in single occupant vehicle trips and improve mobility on public roads.

“(f) Eligible uses.—Grant amounts received for a project under the Program may be used for—

“(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 significant reductions in greenhouse gas emissions from the surface transportation system.

“(h) Additional considerations.—In making grants for projects under the Program, 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 transportation 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, including 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, including to achieve a balance between urban, suburban, and rural communities;

“(6) a project serves low-income residents of low-income communities, including areas of persistent poverty, while not displacing such residents;

“(7) a project uses pavement materials that demonstrate reductions in greenhouse gas emissions through sequestration or innovative manufacturing processes;

“(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 management 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.

“(i) Funding.—

“(1) MAXIMUM AMOUNT.—The maximum amount of a grant under the Program shall be $25,000,000.

“(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 transportation component of a project, the requirements of section 5333 of title 49 shall apply.

“(i) consider the various modal components of the project; and

“(ii) seek to maximize domestic jobs.

“(k) Single-Occupancy vehicle highway facilities.—None of the funds provided under this section may be used for a project that will result in the construction 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) Public comment.—Prior to issuing the notice of funding opportunity for funding under this section for fiscal year 2023, the Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall solicit public comment on the method of determining the significant reduction in greenhouse gas emissions required under subsection (e).

“(m) Consultation.—Prior to making an award under this section in a given fiscal year, the Secretary shall consult with the Administrator of the Environmental Protection Agency to determine which projects are expected to yield a significant reduction in greenhouse gas emissions as required under subsection (e).

“(n) Rural set-aside.—

“(1) IN GENERAL.—The Secretary shall set aside not less than 10 percent of the amounts made available to carry out this section for projects located in rural areas.

(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 establish a metro performance program in accordance with this section to enhance local decision making and provide enhanced local control in transportation project delivery.

(b) Direct recipient designation.—

(1) IN GENERAL.—The Secretary shall designate high-performing metropolitan planning organizations based on the criteria in paragraph (3) to be direct recipients of funds under this section.

(2) AUTHORITY.—Nothing in this section shall be construed to prohibit a direct recipient from taking any action otherwise authorized to secure and expend Federal funds authorized under chapter 1 of title 23, United States Code.

(3) CRITERIA.—In designating an applicant under this subsection, the Secretary shall consider—

(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 one 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 population 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 planning area that the applicant represents has been the recipient of a discretionary grant from the Secretary within the preceding 5 years, the administration 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, support—

(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 as described under subparagraphs (A) and (B) of section 5302(4) of title 49, United States Code, or a direct recipient of funds under section 5307 of such title from the Federal Transit Administration; and

(G) any other criteria established by the Secretary.

(4) REQUIREMENTS.—

(A) CALL FOR NOMINATION.—Not later than February 1, 2022, the Secretary shall publish in the Federal Register a notice soliciting applications for designation under this subsection.

(B) GUIDANCE.—The notification under paragraph (1) shall include guidance 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 subsection 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 termination 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 represents a metropolitan planning area with an urbanized area population of greater than 200,000, made available under section 133(d)(1)(A)(i) of title 23, United States Code.

(1) ELIGIBLE PROJECTS.—Funds made available under this section may be obligated 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 in each of fiscal years 2023 through 2026 for program management, oversight, and technical assistance to direct recipients.

(d) Responsibilities of direct recipients.—

(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.

(2) DISTRIBUTION OF AMOUNTS AMONG DIRECT RECIPIENTS.—

(A) IN GENERAL.—Subject to subparagraph (B), on the first day of the fiscal year for which funds are made available under this section, the Secretary 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 recipients 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.

(3) PROJECT DELIVERY.—

(A) IN GENERAL.—For 1 or more projects carried out with funds provided under this section, the direct recipient may, consistent with the agreement entered into with the Secretary under this paragraph, assume the Federal-aid highway project approval and oversight responsibilities vested in the State department of transportation under section 106 of title 23, United States Code.

(B) PARTNERSHIP.—The direct recipient may partner with a State, unit of local government, regional entity, or transit agency to carry out a project under this section.

(C) PROCEDURAL, LEGAL, AND SUBSTANTIVE REQUIREMENTS.—A direct recipient entering into an agreement with the Secretary under this section shall assume responsibility for compliance with all procedural and substantive requirements as would apply if that responsibility were carried out by a State, unless the direct recipient or the Secretary determines that such assumption of responsibility for 1 or more of the procedural and substantive requirements is not appropriate.

(D) WRITTEN AGREEMENT.—The Secretary and the direct recipient shall enter into an agreement in writing relating to the extent to which the direct recipient assumes the responsibilities of the Secretary under this paragraph. Such agreement shall be developed in consultation with the State.

(E) USE OF FUNDS.—The direct recipient may use amounts made available under this section for costs incurred in implementing this paragraph and to compensate a State, unit of local government, or transit agency for costs incurred in providing assistance under this paragraph.

(F) LIMITATIONS.—The direct recipient may not assume 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 provided 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 subsection, 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

(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 includes—

(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

(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 Representatives a report that—

(A) summarizes the findings of each direct recipient provided under paragraph (1);

(B) describes the efforts undertaken by both direct recipients and the Secretary 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 program 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 section, including to allow for the direct allocation to metropolitan planning 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 update 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-performing 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 planning 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.

(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.

(1) ELIGIBLE APPLICANTS.—The Secretary may make grants under this section to an applicant that serves an eligible area and that is—

(A) a metropolitan planning organization;

(B) a unit of local government or a group of local governments;

(D) a special purpose district or public authority with a transportation function, including a port authority; or

(E) a State that is in partnership with an entity or group of entities described in subparagraph (A), (B), or (C).

(2) ELIGIBLE AREA.—An eligible area for an eligible entity under paragraph (1) shall be—

(A) a combined statistical area, as defined by the Office of Management and Budget, with a population of not less than 1,300,000; or

(B) a metropolitan statistical area that is not part of a combined statistical area, as defined by the Office of Management and Budget, that has a population of not less than 750,000.

(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 one or more of the following:

(1) Transportation systems management and operations, including strategies to improve the operations of high-occupancy vehicle lanes.

(2) Intelligent transportation systems to improve connectivity and innovation.

(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 commuting programs such as carpool, vanpool, transit benefit, parking cashout, shuttle, or telework programs.

(9) A project to provide transportation options to reduce traffic congestion, including—

(A) a project under chapter 53 of title 49, United States Code, including value capture and transit-oriented development projects;

(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 national 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 utilizing eligible projects.

(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 determined 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;

(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, revenue 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), environmental 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.

(2) AVAILABILITY.—Funds made available under this program shall be available until expended.

(i) Freight project set-Aside.—

(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 transportation-related projects to reduce freight-related traffic congestion and related adverse impacts, including—

(A) freight intelligent transportation systems;

(B) real-time freight parking 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 vehicles 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 Secretary 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 proposed project—

(i) reduces freight-related traffic congestion and improves the reliability of the freight transportation system;

(ii) mitigates the adverse impacts of freight-related traffic congestion on the surface transportation system, including safety and environmental 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 qualified 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 demonstrate 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 Transportation 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 congestion, and improve the reliability of the surface transportation system;

(ii) mitigate the adverse impacts of traffic congestion, including freight-related traffic congestion, on the surface transportation system, including safety and environmental impacts; and

(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 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 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

(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 transportation component of a project, the requirements of section 5333 of title 49, United States Code, shall apply.

(C) BUY AMERICA.—In applying the Buy America 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.

(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 bridges program.

(a) Establishment.—The Secretary of Transportation shall establish a rebuild rural bridges program to improve the safety and state of good repair of bridges in rural communities.

(b) Grant authority.—In carrying out the program established in subsection (a), the Secretary shall make grants, on a competitive basis, to eligible applicants in accordance with this section.

(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 containing such information as the Secretary determines appropriate.

(d) Eligible projects.—The Secretary—

(1) shall provide grants under this section to projects eligible under title 23, United States Code, including projects on and off of the Federal-aid highway system, to inspect, replace, rehabilitate, or preserve—

(A) an off-system bridge;

(B) a bridge on Tribal land; or

(2) may provide a grant for a bundle of bridges described in paragraph (1).

(e) Eligible project costs.—A recipient of a grant under this section may use such grant for—

(1) development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, and other preconstruction activities;

(3) bridge inspection, evaluation, and preservation.

(f) Federal share.—

(1) IN GENERAL.—The Federal share of the cost of a project carried out using 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.

(g) Considerations.—In making grants under this section, the Secretary shall consider—

(1) whether the project can be completed without additional Federal funding or financial assistance available to the project sponsor, beyond existing Federal apportionments; and

(2) the level of benefits the project is expected to generate, including—

(A) the costs avoided by the prevention of closure or reduced use of the asset to be improved by the project;

(B) reductions in maintenance costs over the life of the asset;

(D) benefits to the economy of the rural or Tribal community.

(h) Investments in colonias.—

(1) IN GENERAL.—Of the grants made available under this section, for fiscal years 2023 through 2026, a total of not less than $10,000,000 shall be made available to provide grants that improve the safety, state of good repair, or connectivity through bridge investments in and providing access to, colonias.

(2) COLONIA DEFINED.—In this section, the term “colonia” means any identifiable community that—

(A) is in the State of Arizona, California, New Mexico, or Texas;

(B) is in the area of the United States within 150 miles of the border between the United States and Mexico, except that the term does not include any standard metropolitan statistical area that has a population exceeding 1,000,000;

(C) is determined to be a colonia on the basis of objective criteria, including lack of potable water supply, lack of adequate sewage systems, and lack of decent, safe, and sanitary housing; and

(D) was in existence as a colonia before November 28, 1990.

(i) Notification.—Not later than 3 business days before awarding a grant under this section, the Secretary 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.

(j) Definitions.—In this section:

(1) ELIGIBLE APPLICANT.—The term “eligible applicant” means—

(A) a State;

(B) a metropolitan planning organization or a regional transportation planning organization;

(D) a Federal land management agency;

(E) an Indian Tribe or Tribal organization;

(F) a territory; and

(G) a multijurisdictional group of entities described in subparagraph (A) through (F).

(2) OFF SYSTEM BRIDGE.—The term “off-system bridge” has the meaning given such term in section 133(f) of title 23, United States Code, (as added by this Act).

(3) RURAL COMMUNITY.—The term “rural community” means an area that is not an urbanized area, as such term is defined in section 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 entities 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 containing such information as the Secretary may require.

(1) construct safety rest areas that include parking for commercial motor vehicles;

(2) construct commercial motor vehicle parking facilities—

(A) adjacent to private commercial truckstops and travel plazas;

(B) within the boundaries of, or adjacent to, a publicly owned freight facility, including a port terminal operated by a public authority; and

(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 vehicle parking, such as through the use of intelligent transportation systems;

(5) construct turnouts along a Federal-aid highway for commercial motor vehicles;

(6) make capital improvements to public commercial motor vehicle parking facilities 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 emergencies that strain the capacity of existing publicly and privately provided commercial motor vehicle parking; and

(9) make improvements to existing commercial motor vehicle parking facilities, 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 commercial 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 capacity, 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 utilization;

(B) would facilitate the efficient movement of freight;

(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 announcing a project selected to receive a grant under this section, the Secretary of Transportation 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) Federal share.—The Federal share of the cost of a project under this section 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) is amended—

(1) by inserting “and private providers of commercial motor vehicle parking” after “personnel”; and

(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

(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

(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;

(D) a political subdivision of a State or local government carrying out responsibilities relating to commercial motor vehicle parking; and

(E) a multistate or multijurisdictional group of entities described in subparagraphs (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 connected transportation grant program.

(a) Establishment.—The Secretary of Transportation shall establish an active connected transportation grant program to provide for safe and connected active transportation networks and active transportation connectors.

(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 section.

(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 district;

(5) a Federal land management agency;

(6) a natural resource or public land agency;

(7) an Indian Tribe or Tribal organization;

(8) any local or regional governmental entity with responsibility for or oversight of transportation or recreational trails; and

(9) a multistate or multijurisdictional group of entities described in this subsection.

(d) Applications.—To be eligible for a grant under this section, an entity specified under subsection (c) shall submit to the Secretary an application in such form, at such time, and containing such information as the Secretary determines appropriate.

(e) Eligible projects.—The Secretary shall provide grants under this section to projects that improve the connectivity and the use of active transportation facilities—

(1) including—

(A) active transportation networks;

(B) active transportation connectors; and

(i) active transportation networks;

(ii) active transportation connectors; and

(iii) vision zero plans or complete streets prioritization plans under section 1601; 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)(2), a total cost of not less than $100,000.

(f) Use of funds.—

(1) IN GENERAL.—Of the amounts made available to carry out this section for fiscal years 2023 through 2026 and except as provided in paragraph (2), the Secretary shall obligate—

(A) not less than 30 percent to eligible projects that construct active transportation networks; and

(B) not less than 30 percent to eligible projects that construct active transportation connectors.

(2) PLANNING GRANTS.—Of the amounts made available to carry out this section for fiscal years 2023 through 2026, the Secretary may use not more than 10 percent to provide planning grants to eligible 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 active transportation, including walking and bicycling, including through the creation of—

(A) active transportation networks connecting destinations within or between communities, including between schools, workplaces, residences, businesses, recreation areas, and other community areas; and

(B) active transportation connectors connecting 2 or more communities, metropolitan areas, or States, including greenway paths;

(2) an applicant has adequately considered or will consider, including through the opportunity for public comment, the environmental justice and equity impacts 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 transportation 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—

(j) Notification.—Not later than 3 business days before awarding a grant under this section, the Secretary of Transportation 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.

(k) Definitions.—In this section:

(1) ACTIVE TRANSPORTATION NETWORK.—The term “active transportation network” means facilities built for alternative methods of transportation to motor vehicles for individuals, including sidewalks, bikeways, and pedestrian and bicycle trails, that connect destinations within an area covered by a unit of local government, a county, a community, including a community on Federal lands, or a metropolitan area.

(2) ACTIVE TRANSPORTATION CONNECTOR.—The term “active transportation connector” means facilities built for alternative methods of transportation to motor vehicles for individuals, including sidewalks, bikeways, and pedestrian and bicycle trails, that connect 2 or more active transportation networks or connect communities, areas covered by a unit of local government, counties, metropolitan areas, Federal lands, or States.

(3) GREENWAY PATH.—The term “greenway path” means an active transportation connector that—

(A) crosses jurisdictional boundaries, including State lines, and provides for connectivity between multiple communities, counties, metropolitan areas, or States; or

(B) is a component of a regionally or nationally significant network.

(4) SAFE SYSTEM APPROACH.—The term “safe system approach” has the meaning given such term in section 148(a) of title 23, United States Code.

(5) VULNERABLE ROAD USER.—The term “vulnerable road user” has the meaning given such term in section 148(a) of title 23, United States Code.

SEC. 1310. Wildlife crossings program.

(a) Establishment.—The Secretary shall establish a competitive wildlife crossings grant program (referred to in this section as the “program”) to provide grants for projects that seek to achieve—

(1) a reduction in the number of wildlife-vehicle collisions; and

(2) improved habitat connectivity for terrestrial and aquatic species.

(b) Eligible entities.—The Secretary may make grants under the program to the following entities:

(1) A State.

(2) An Indian Tribe or Tribal organization.

(3) A territory.

(4) A Federal land management agency described in section 203(b) of title 23, United States Code.

(5) A group of entities described in paragraphs (1) through (4).

(c) Applications.—To be eligible to receive a grant under the program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.

(d) Considerations.—In selecting grant recipients under the program, the Secretary shall consider the following:

(1) PRIMARY CRITERIA.—The extent to which the proposed project is likely to protect motorists and wildlife by reducing the number of wildlife-vehicle collisions and improve habitat connectivity for terrestrial and aquatic species.

(2) SECONDARY CRITERIA.—

(A) The resilience benefits of the project.

(B) The extent to which the project incorporates climate science, including expected changes in migration patterns.

(C) The extent to which the project sponsor has coordinated with the relevant State agency with jurisdiction over fish and wildlife, if appropriate.

(D) In the case of a project involving species listed as threatened species or endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), whether the project sponsor has coordinated with the United States Fish and Wildlife Service.

(E) Other ecological benefits of the project, including—

(i) reductions in stormwater runoff and other water pollution; and

(ii) the benefits of improved habitat connectivity for pollinators and the use of natively appropriate grasses.

(F) Whether the project supports local economic development and improvement of visitation opportunities.

(G) The extent to which the project incorporates innovative technologies, including advanced design techniques and other strategies to enhance efficiency and effectiveness in reducing wildlife-vehicle collisions and improving habitat connectivity for terrestrial and aquatic species.

(H) The extent to which the project provides educational and outreach opportunities.

(I) Whether the project will further research to evaluate, compare effectiveness of, and identify best practices in selected projects.

(J) How the benefits compare to the costs of the project.

(K) Any other criteria relevant to reducing the number of wildlife-vehicle collisions and improving habitat connectivity for terrestrial and aquatic species, as the Secretary determines to be appropriate.

(e) Eligible project costs.—Grant amounts for a project under this section may be used for—

(1) development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, and other preconstruction activities;

(2) construction (including construction of protective features), reconstruction, rehabilitation, acquisition of real property (including land related to the project and improvements to the land), environmental mitigation, construction contingencies, acquisition of equipment, and operational improvements; and

(3) planning and technical assistance activities consistent with section 5107 of title 49, United States Code, including—

(A) data collection on wildlife-vehicle collisions;

(B) integration of State, Tribal, territorial, regional, or Federal wildlife conservation plans and data collection with transportation planning and project selection;

(C) technical assistance, including workforce development training, on reducing wildlife-vehicle collisions and improving habitat connectivity for terrestrial and aquatic species; and

(D) education and public outreach to reduce wildlife-vehicle collisions.

(f) Partnerships.—

(1) IN GENERAL.—A grant received under the program may be used to provide funds to an eligible partner as a subrecipient, in accordance with the terms of the project agreement and subject to the requirements of this section.

(2) ELIGIBLE PARTNER DEFINED.—In this section, the term “eligible partner” means—

(A) an eligible entity described in subsection (b);

(B) a metropolitan planning organization;

(D) a regional transportation authority;

(E) a special purpose district or public authority with a transportation function, including a port authority;

(F) a non-profit entity or institution of higher education; or

(G) a Federal, Tribal, regional, State, or local governmental entity not described in subsection (b).

(g) Requirements.—

(1) RURAL PROJECTS.—The Secretary shall reserve not less than 50 percent of the amounts made available under this section for projects located in a rural community.

(2) RESILIENCE.—A project under this section shall be designed to ensure resilience over the anticipated service life of the asset.

(3) LIMITATION.—The Secretary may not award more than 10 percent of the amounts made available under this section for grants that propose only activities described in subsection (e)(3).

(h) Notification.—Not later than 3 business days before awarding a grant under this section, the Secretary 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.

(i) Annual report.—

(1) IN GENERAL.—Not later than December 31 of each calendar year, the Secretary shall publish, on the website of the Department of Transportation, a report describing the activities under the program for the fiscal year that ends during that calendar year.

(2) CONTENTS.—The report under paragraph (1) shall include—

(A) a detailed description of the activities carried out under the program;

(B) an evaluation of the effectiveness of the program in meeting the purposes described in subsection (b); and

(j) Definitions.—In this section:

(1) PROTECTIVE FEATURES.—The term “protective features” has the meaning given such term in section 101 of title 23, United States Code.

(2) RESILIENCE.—The term “resilience” has the meaning given that term in section 101 of title 23, United States Code.

(3) RURAL COMMUNITY.—The term “rural community” means any area of a State or territory that is not an urbanized area, as such term is defined in section 101 of title 23, United States Code.

(4) SECRETARY.—The term “Secretary” 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.

SEC. 1311. Reconnecting neighborhoods program.

(a) Establishment.—The Secretary of Transportation shall establish a reconnecting neighborhoods program under which an eligible entity may apply for funding in order to identify, remove, replace, retrofit, or remediate the effects from eligible facilities and restore or improve connectivity, mobility, and access in disadvantaged and underserved communities, including—

(1) studying the feasibility and impacts of removing, retrofitting, or remediating the effects on community connectivity from an existing eligible facility;

(2) conducting preliminary engineering and final design activities for a project to remove, retrofit, or remediate the effects on community connectivity from an existing eligible facility;

(3) conducting construction activities necessary to carry out a project to remove, retrofit, or remediate the effects on community connectivity from an existing eligible facility; and

(4) ensuring any activities carried out under this section—

(A) focus on improvements that will benefit the populations impacted by or previously displaced by the eligible facility; and

(B) emphasize equity by garnering community engagement, avoiding future displacement, and ensuring local participation in the planning process.

(b) Eligible entities.—

(1) IN GENERAL.—The Secretary may award a planning grant or a capital construction grant to—

(A) a State;

(B) a unit of local government;

(D) a territory;

(F) a metropolitan planning organization;

(G) a transit agency;

(H) a special purpose district with a transportation function; and

(I) a group of entities described in this paragraph.

(2) PARTNERSHIPS.—An eligible entity may enter into an agreement with the following entities to carry out the eligible activities under this section:

(A) A nonprofit organization.

(B) An institution of higher education, as such term is defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001), including historically black colleges and universities, defined as the term “Predominantly Black institution” is defined in section 371(c) of the Higher Education Act of 1965 (20 U.S.C. 1067q(c)).

(1) IN GENERAL.—The Secretary may award grants (referred to in this section as a “planning grants”) to carry out planning activities described in paragraph (2).

(2) ELIGIBLE ACTIVITIES DESCRIBED.—The planning activities referred to in paragraph (1) are—

(A) planning studies to evaluate the feasibility of removing, retrofitting, or remediating an existing eligible facility to restore community connectivity, including evaluations of—

(i) current traffic patterns on the eligible facility proposed for removal, retrofit, or remediation and the surrounding street network;

(ii) the capacity of existing transportation networks to maintain mobility needs;

(iii) an analysis of alternative roadway designs or other uses for the right-of-way of the eligible facility, including an analysis of whether the available right-of-way would suffice to create an alternative roadway design;

(iv) the effect of the removal, retrofit, or remediation of the eligible facility on the mobility of freight and people;

(v) the effect of the removal, retrofit, or remediation of the eligible facility on the safety of the traveling public;

(vi) the cost to remove, retrofit, or remediate the eligible facility—

(I) to restore community connectivity; and

(II) to convert the eligible facility to a roadway design or use that increases safety, mobility, and access for all users, compared to any expected costs for necessary maintenance or reconstruction of the eligible facility; and

(vii) the environmental impacts of retaining or reconstructing the eligible facility and the anticipated effect of the proposed alternative use or roadway design;

(B) public engagement activities to provide opportunities for public input into a plan to remove, replace, retrofit, or remediate the effects from an eligible facility, including—

(i) building organizational or community capacity to, and educating community members on how to, engage in and contribute to eligible planning activities described in subsection (c)(2);

(ii) identifying community needs and desires for community improvements and developing community driven solutions in carrying out eligible planning activities described in subsection (c)(2);

(iii) conducting assessments of equity, mobility and access, environmental justice, affordability, economic opportunity, health outcomes, and other local goals to be used in carrying out eligible planning activities described in subsection (c)(2); and

(iv) forming a community advisory board in accordance with subsection (d)(7);

(C) other transportation planning activities required in advance of a project to remove, retrofit, or remediate an existing eligible facility to restore community connectivity, as determined by the Secretary;

(D) evaluating land use and zoning changes necessary to improve equity and maximize transit-oriented development in connection with project eligible for a capital construction grant, including activities eligible under section 5327 of title 49, United States Code; and

(E) establishment of anti-displacement and equitable neighborhood revitalization strategies in connection with project eligible for a capital construction grant, including establishment of a community land trust for land acquisition, land banking, and equitable transit-oriented development.

(3) TECHNICAL ASSISTANCE.—

(A) IN GENERAL.—The Secretary may provide technical assistance described in subparagraph (B) to an eligible entity.

(B) TECHNICAL ASSISTANCE DESCRIBED.—The technical assistance referred to in subparagraph (A) is technical assistance in building organizational or community capacity—

(i) to conduct transportation planning; and

(ii) to identify innovative solutions to challenges posed by existing eligible facilities, including reconnecting communities that—

(I) are bifurcated by eligible facilities; or

(II) lack safe, reliable, and affordable transportation choices.

(4) SELECTION.—The Secretary shall—

(A) solicit applications for—

(i) planning grants;

(ii) technical assistance under paragraph (3); and

(iii) the activities would benefit populations impacted by or previously displaced by an eligible facility; and

(B) evaluate applications for a planning grant on the basis of the demonstration by the applicant that—

(i) the eligible facility—

(I) creates barriers to mobility, access, or economic development; or

(II) is not justified by current and forecast future travel demand; and

(ii) on the basis of preliminary assessment into the feasibility of removing, retrofitting, or remediating the eligible facility to restore community connectivity, and increase safety, mobility, and access for all users, further planning activities are necessary and likely to be productive.

(5) AWARD AMOUNTS.—A planning grant may not exceed $2,000,000 for any recipient.

(6) FEDERAL SHARE.—The total Federal share of the cost of a planning activity for which a planning grant is used may not exceed 80 percent.

(d) Capital construction grants.—

(1) ELIGIBLE ENTITIES.—The Secretary may award grants (referred to in this section as a “capital construction grants”) to eligible entities to carry out eligible projects described in paragraph (3).

(2) PARTNERSHIPS.—In the case that the owner of an eligible facility that is the subject of the capital construction grant is not an eligible entity, an eligible entity shall demonstrate the existence of a partnership with the owner of the eligible facility.

(3) ELIGIBLE PROJECTS.—A project eligible to be carried out with a capital construction grant includes the following:

(A) The removal, retrofit, or remediation of the effects on community connectivity from of an eligible facility.

(B) The replacement of an eligible facility with a new facility that—

(i) restores community connectivity;

(ii) employs context sensitive solutions appropriate for the surrounding community; and

(iii) is otherwise eligible for funding under title 23, United States Code.

(C) Support for community partnerships, including a community advisory board described under paragraph (7), in connection with a capital construction grant awarded under this subsection.

(D) Other activities required to remove, replace, retrofit, or remediate an existing eligible facility, as determined by the Secretary.

(4) SELECTION.—The Secretary shall—

(A) solicit applications for capital construction grants;

(B) evaluate applications on the basis of—

(i) the degree to which the project will improve mobility and access through the removal of barriers;

(ii) the appropriateness of removing, retrofitting, or remediating the effects on community connectivity from the eligible facility, based on current traffic patterns and the ability of the project and the regional transportation network to absorb transportation demand and provide safe mobility and access;

(iii) the impact of the project on freight movement;

(iv) the results of a cost-benefit analysis of the project;

(v) the extent to which the grantee has plans for inclusive economic development in place, including the existing land use and whether the zoning provides for equitable and transit-oriented development of underutilized land;

(vi) the degree to which the eligible facility is out of context with the current or planned land use;

(vii) the results of any feasibility study completed for the project;

(viii) whether the eligible facility is likely to need replacement or significant reconstruction within the 20-year period beginning on the date of the submission of the application;

(ix) whether the project is consistent with the relevant long-range transportation plan and included in the relevant statewide transportation improvement program;

(x) whether the project is consistent with, and how the project would impact, the relevant transportation performance management targets; and

(xi) the extent to which the project benefits populations impacted by or previously displaced by the eligible facility;

(C) ensure that the project has conducted sufficient community engagement, such as the activities described in subsection (c)(2)(B); and

(D) ensure that the jurisdiction in which the eligible facility is located has an anti-displacement policy or a community land trust in place.

(5) MINIMUM AWARD AMOUNTS.—A capital construction grant shall be in an amount not less than $5,000,000 for each recipient.

(6) FEDERAL SHARE.—

(A) IN GENERAL.—Subject to subparagraph (B), the Federal share of the total cost of a project carried out using a capital construction grant may not exceed 80 percent.

(B) MAXIMUM FEDERAL INVOLVEMENT.—Federal assistance other than a capital construction grant may be used to satisfy the non-Federal share of the cost of a project for which the grant is awarded.

(7) COMMUNITY ADVISORY BOARD.—

(A) IN GENERAL.—To help achieve inclusive economic development benefits with respect to the project for which a grant is awarded, a grant recipient may form a community advisory board, which, if formed, shall—

(i) facilitate community engagement with respect to the project; and

(ii) track progress with respect to commitments of the grant recipient to inclusive employment, contracting, and economic development under the project.

(B) MEMBERSHIP.—If a grant recipient forms a community advisory board under subparagraph (A), the community advisory board shall be composed of representatives of—

(i) the community, including residents in the immediate vicinity of the project;

(ii) owners of businesses that serve the community;

(iii) labor organizations that represent workers that serve the community;

(iv) State and local government; and

(v) private and non-profit organizations that represent local community development.

(e) Priorities.—In selecting recipients of planning grants, capital construction grants, and technical assistance under this section, the Secretary shall give priority to—

(1) an application from a community that is economically disadvantaged, including an environmental justice community, an underserved community, or a community located in an area of persistent poverty (as such term is defined in section 101 of title 23, United States Code); and

(2) an eligible entity that has—

(A) entered into a community benefits agreement with representatives of the community or formed a community advisory board under paragraph (7) of subsection (d);

(B) demonstrated a plan for employing residents in the area impacted by the activity or project through targeted hiring programs; and

(f) Administrative expenses.—Of amounts made available to carry out this section, the Secretary may set aside not more than $5,000,000 in each fiscal year for the costs of administering the program under this section.

(g) Technical assistance.—Of amounts made available to carry out this section, the Secretary may set aside not more than $5,000,000 in each fiscal year to provide technical assistance to eligible entities under subsection (c)(3).

(h) Report.—Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that—

(1) identifies and creates an online mapping tool showing any examples of potential projects to remove eligible facilities, and assesses the potential impacts of carrying out such projects; and

(2) assesses projects funded under subsection (d) to provide best practices.

(i) Definitions.—In this section:

(1) ANTI-DISPLACEMENT POLICY.—The term “anti-displacement policy” means a policy that limits the displacement of low-income, disadvantaged, and underserved communities from neighborhoods due to new investments in housing, businesses, and infrastructure.

(2) COMMUNITY LAND TRUST.—The term “community land trust” means a nonprofit organization established or with the responsibility, as applicable—

(A) to develop the real estate created by the removal or capping of an eligible facility; and

(B) to carry out anti-displacement or community development strategies, including—

(i) affordable housing preservation and development;

(ii) homeownership and property improvement programs;

(iii) the development or rehabilitation of park space or recreation facilities; and

(iv) community revitalization and economic development projects.

(3) ELIGIBLE FACILITY.—

(A) IN GENERAL.—The term “eligible facility” means a highway or other transportation facility that creates a barrier to community connectivity, including barriers to mobility, access, or economic development, due to high speeds, grade separations, or other design factors.

(B) INCLUSIONS.—In this section, the term “eligible facility” may include—

(i) a limited access highway;

(ii) a railway;

(iii) a viaduct;

(iv) a principal arterial facility; or

(v) any other transportation facility for which the high speeds, grade separation, or other design factors create an obstacle to connectivity.

SEC. 1312. Apprenticeship utilization.

(a) In general.—

(1) CERTIFICATION REQUIREMENT.—To receive a grant under sections 117 and 173 of title 23, United States Code, and section 1311 of this Act, each applicant shall include in a grant application a certification that such applicant will ensure that any contractor or subcontractor utilized in carrying out activities with such grant—

(A) meets or exceeds the apprenticeship employment goal; and

(B) to the extent practicable, employs qualified apprentices from traditionally underrepresented populations, including women and minorities, in meeting or exceeding such goal.

(2) EXCEPTIONS.—The Secretary may adjust the requirements of this section if the grant applicant—

(A) demonstrates a lack of availability of qualified apprentices in a specific geographic area; or

(B) makes a good faith effort to comply with the requirements of this section.

(b) Regulations.—The Secretary shall have the authority to issue such regulations or other guidance, forms, instructions, and publications as may be necessary or appropriate to carry out the requirements of this section, including reporting requirements for applicants awarded a grant.

(c) Report to Congress.—Not later than 3 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the utilization of qualified apprentices for projects carried out under sections 117 and 173 of title 23, United States Code, and section 1311 of this Act, that includes—

(1) the total number of labor hours fulfilled by qualified apprentices;

(2) the total number of qualified apprentices employed;

(3) the total number of grant recipients that met or exceeded the apprenticeship employment goal; and

(4) best practices utilized by grant recipients that met or exceeded the apprenticeship employment goal.

(d) Public transparency.—At the end of each fiscal year, the Secretary shall make available on a public website information on the utilization of qualified apprentices in the preceding fiscal year for each grant program under sections 117 and 173 of title 23, United States Code, and section 1311 of this Act, including—

(1) the total number of grant applicants that certified they would be able to meet or exceed the apprenticeship employment goal under subsection (a); and

(2) the total number of grants awarded for which applicants certified they would be able to meet or exceed the apprenticeship employment goal.

(e) Definitions.—In this section:

(1) APPRENTICESHIP EMPLOYMENT GOAL.—The term “apprenticeship employment goal” means the utilization of qualified apprentices for not less than 15 percent of the total labor hours used for construction activities for a project.

(2) QUALIFIED APPRENTICE.—The term “qualified apprentice” means an employee participating in an apprenticeship program that—

(A) is registered with the Office of Apprenticeship of the Employment Training Administration of the Department of Labor or a State apprenticeship agency recognized by such Office of Apprenticeship pursuant to the Act of August 16, 1937 (29 U.S.C. 50 et seq.; commonly known as the “National Apprenticeship Act”); and

(B) satisfies the requirements of subpart A of part 29 and part 30 of title 29, Code of Federal Regulations.

(3) SECRETARY.—The term “Secretary” means the Secretary of Transportation.

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 transportation-related fuel consumption and air pollution” and inserting “resilience and climate change adaptation needs while reducing transportation-related fuel consumption, air pollution, and greenhouse gas emissions”;

(2) in subsection (b)—

(A) by redesignating paragraphs (6) and (7) as paragraphs (7) and (8), respectively; 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 programs” and inserting “and TIPs”; and

(B) by adding at the end the following:

“(4) CONSIDERATION.—In developing the plans and TIPs, metropolitan planning 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) EQUITABLE AND PROPORTIONAL REPRESENTATION.—

“(i) IN GENERAL.—In designating officials or representatives under paragraph (2), the metropolitan planning organization shall ensure the equitable and proportional representation 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 enactment of this subparagraph to be restructured.

“(iii) REDESIGNATION.—Notwithstanding clause (ii), the requirements of this paragraph shall apply to any metropolitan planning organization redesignated under paragraph (6).”;

(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 inserting “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 one metropolitan planning organization is designated within an urbanized area under subsection (d)(7), the metropolitan planning organizations designated within the area shall ensure, to the maximum extent practicable, the consistency of any data used in the planning process, including information used in forecasting transportation demand.

“(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 plan or unified TIP.”;

(6) in subsection (h)(1)—

(A) by striking subparagraph (E) and inserting the following:

“(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, including 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;

(D) by inserting after subparagraph (I) the following:

“(J) support emergency management, response, and evacuation and hazard 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 following:

“(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 established 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 “infrastructure to natural disasters”;

(D) in paragraph (5)—

(i) in subparagraph (A) by inserting “air quality, public health, housing, transportation, resilience, hazard mitigation, emergency management,” 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 locations and times;

“(II) employ visualization techniques to describe plans; and

“(III) make public information available in electronically accessible format and means, such as the internet, as appropriate to afford 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 feedback; and

“(II) use other methods, as appropriate, to further encourage public participation of historically underrepresented individuals in the transportation planning process.”;

(9) in subsection (j) by striking “transportation improvement program” and inserting “TIP” each place it appears; and

(10) by striking “Federally” each place it appears and inserting “federally”.

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 inserting 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 greenhouse gases.”; and

(2) in subsection (d)—

(A) in paragraph (1)—

(i) in subparagraph (E)—

(I) by inserting “reduce greenhouse gas emissions,” after “promote 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 hazard mitigation;

“(K) improve the level of transportation system access;

(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 transportation 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 improvement program” and inserting “STIP”; and

(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—

“(I) State and tribal conservation plans or maps; and

“(II) inventories of natural or historic resources.”;

(B) in paragraph (3)(B)—

(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 feedback; and

“(II) use other methods, as appropriate, to further encourage public participation of historically underrepresented individuals in the transportation planning process.”;

(D) in paragraph (8) by inserting “greenhouse gas emissions,” after “pollution,”;

(5) in subsection (g)—

(A) in paragraph (1)(A) by striking “statewide transportation improvement 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 program” 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 inserting “STIP”; and

(II) by striking “and projects carried out under the bridge program 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 program” and inserting “STIP”; and

(ii) by striking “transportation improvement program” and inserting “STIP”;

(G) in paragraph (8) by striking “statewide transportation plans and programs” 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 inserting “STIP” each place it appears; and

(8) in subsection (m) by striking “transportation improvement programs” and inserting “STIPs”.

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) in paragraph (1) by inserting “or elimination” after “significant reduction”;

(B) by redesignating paragraph (7) as paragraph (8); and

“(7) COMBATING CLIMATE CHANGE.—To reduce carbon dioxide and other greenhouse gas emissions and reduce the climate impacts of the transportation system.”;

(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 consultation with the Administrator of the Environmental Protection Agency, measures for States to use to assess—

“(A) carbon dioxide emissions per capita on public roads;

“(B) carbon dioxide emissions using different parameters than described in subparagraph (A) that the Secretary determines to be appropriate; and

“(C) any other greenhouse gas emissions 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 promulgated 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 ‘regressive 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 metropolitan 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 disadvantaged communities, including to affordable housing; and

“(C) the extent to which transportation access is impacted by zoning policies 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 establishments.”.

(b) Metropolitan transportation planning; title 23.—Section 134 of title 23, United States Code, is further amended—

(1) in subsection (j)(2)(D)—

(A) by striking “Performance target achievement” in the heading and inserting “Performance management”;

(B) by striking “The TIP” and inserting the following:

“(i) IN GENERAL.—The TIP”; and

“(ii) TRANSPORTATION MANAGEMENT AREAS.—For metropolitan planning areas that represent an urbanized area designated as a transportation management area under subsection (k), the TIP shall include—

“(I) a discussion of the anticipated effect of the TIP toward achieving the performance targets established in the metropolitan transportation plan, linking investment priorities to such performance targets; and

“(II) a description of how the anticipated effect of the TIP would improve the overall level of transportation system access, consistent with section 150(f).”;

(2) in subsection (k)—

(A) in paragraph (3)(A)—

(i) by striking “shall address congestion management” and inserting the following: “shall address—

“(i) congestion management”;

(ii) by striking the period at the end and inserting “; and”; and

(iii) by adding at the end the following:

“(ii) the overall level of transportation system access for various modes of travel within the metropolitan planning area, including the level of access for economically disadvantaged communities, consistent with section 150(f), that is based on a cooperatively developed and implemented metropolitan-wide strategy, assessing both new and existing transportation facilities eligible for funding under this title and chapter 53 of title 49.”; and

(B) in paragraph (5)(B)—

(i) in clause (i) by striking “; and” and inserting a semicolon;

(ii) in clause (ii) by striking the period and inserting “; and”; and

(iii) by adding at the end the following:

“(iii) the TIP approved under clause (ii) makes progress towards improving the level of transportation system access, consistent with section 150(f).”; and

(3) in subsection (l)(2)—

(A) by striking “5 years after the date of enactment of the MAP–21” and inserting “2 years after the date of enactment of the INVEST in America Act, and every 2 years thereafter”;

(B) in subparagraph (C) by striking “and whether metropolitan planning organizations are developing meaningful performance targets; and” and inserting a semicolon; and

“(D) a listing of all metropolitan planning organizations that are establishing performance targets and whether such performance targets established by the metropolitan planning organization are meaningful or regressive (as defined in section 150(d)(3)(B)); and

“(E) the progress of implementing the measure established under section 150(f).”.

(c) Statewide and nonmetropolitan transportation planning; title 23.—Section 135(g)(4) of title 23, United States Code, is further amended—

(1) by striking “Performance target achievement” in the heading and inserting “Performance management”;

(2) by striking “shall include, to the maximum extent practicable, a discussion” and inserting the following: “shall include—

“(A) a discussion”;

(3) by striking the period at the end and inserting “; and”; and

(4) by adding at the end the following:

“(B) a consideration of the anticipated effect of the STIP on the overall level of transportation system access, consistent with section 150(f).”.

(d) Metropolitan transportation planning; title 49.—Section 5303 of title 49, United States Code, is amended—

(1) in subsection (j)(2)(D)—

(A) by striking “Performance target achievement” and inserting “Performance management”;

(B) by striking “The transportation improvement plan” and inserting the following:

“(i) IN GENERAL.—The TIP”; and

“(II) a description of how the anticipated effect of the TIP would improve the overall level of transportation system access, consistent with section 150(f) of title 23.”;

(2) in subsection (k)—

(A) in paragraph (3)(A)—

(i) by striking “shall address congestion management” and inserting the following: “shall address—

“(i) congestion management”;

(ii) by striking the period at the end and inserting “; and”; and

(iii) by adding at the end the following:

“(ii) the overall level of transportation system access for various modes of travel within the metropolitan planning area, including the level of access for economically disadvantaged communities, consistent with section 150(f) of title 23, that is based on a cooperatively developed and implemented metropolitan-wide strategy, assessing both new and existing transportation facilities eligible for funding under this chapter and title 23.”; and

(B) in paragraph (5)(B)—

(i) in clause (i) by striking “; and” and inserting a semicolon;

(ii) in clause (ii) by striking the period and inserting “; and”; and

(iii) by adding at the end the following:

“(iii) the TIP approved under clause (ii) makes progress towards improving the level of transportation system access, consistent with section 150(f) of title 23.”; and

(3) in subsection (l)(2)—

(A) by striking “5 years after the date of enactment of the Federal Public Transportation Act of 2012” and inserting “2 years after the date of enactment of the INVEST in America Act, and every 2 years thereafter”;

(B) in subparagraph (C) by striking “and whether metropolitan planning organizations are developing meaningful performance targets; and” and inserting a semicolon; and

“(E) the progress of implementing the measure established under section 150(f) of title 23.”.

(e) Statewide and nonmetropolitan transportation planning; title 49.—Section 5304(g)(4) of title 49, United States Code, is amended—

(1) by striking “Performance target achievement” and inserting “Performance management”;

(2) by striking “shall include, to the maximum extent practicable, a discussion” and inserting the following: “shall include—

“(A) a discussion”;

(3) by striking the period at the end and inserting “; and”;

(4) by striking “statewide transportation improvement program” and inserting “STIP” each place it appears; and

(5) by adding at the end the following:

“(B) a consideration of the anticipated effect of the STIP on the overall level of transportation system access, consistent with section 150(f) of title 23.”.

(f) Savings clause.—

(1) REGRESSIVE TARGETS.—The prohibition in the amendment made by subsection (a)(3)(B) shall apply to States beginning on the date that is 1 year before the subsequent State target and reporting deadlines related to safety performance management established pursuant to section 150 of title 23, United States Code.

(2) ACCESS PLANNING REQUIREMENTS.—The requirements in the amendments made by subsections (b), (c), (d), and (e) shall apply beginning on the date on which the requirements for the measure described in section 150(f) of title 23, United States Code, take effect.

(g) Development of greenhouse gas measure.—Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall issue such regulations as are necessary to carry out paragraph (7) of section 150(c) of title 23, United States Code, as added by this Act.

(h) Development of transportation system access measure.—

(1) ESTABLISHMENT.—Not later than 120 days after the date of enactment of this Act, the Secretary of Transportation shall establish a working group to assess the provisions of paragraphs (1) and (2) of section 150(f) and make recommendations regarding the establishment of measures for States and metropolitan planning organizations to use to assess the level of transportation system access for various modes of travel, consistent with section 150(f) of title 23, United States Code.

(2) MEMBERS.—The working group established pursuant to paragraph (1) shall include representatives from—

(A) the Department of Transportation;

(B) State departments of transportation, including representatives that specialize in pedestrian and bicycle safety;

(D) metropolitan planning organizations representing transportation management areas (as those terms are defined in section 134 of title 23, United States Code);

(E) other metropolitan planning organizations or local governments;

(F) providers of public transportation;

(G) nonprofit entities related to transportation, including relevant safety groups;

(H) experts in the field of transportation access data; and

(I) any other stakeholders, as determined by the Secretary.

(3) REPORT.—

(A) SUBMISSION.—Not later than 1 year after the establishment of the working group pursuant to paragraph (1), the working group shall submit to the Secretary a report of recommendations regarding the establishment of measures for States and metropolitan planning organizations to use to assess the level of transportation system access, consistent with section 150(f) of title 23, United States Code.

(B) PUBLICATION.—Not later than 30 days after the date on which the Secretary receives the report under subparagraph (A), the Secretary shall publish the report on a publicly accessible website of the Department of Transportation.

(4) RULEMAKING.—Not later than 2 years after the date on which the Secretary receives the report under paragraph (3), the Secretary shall issue such regulations as are necessary to implement the requirements of section 150(f) of title 23, United States Code.

(5) TERMINATION.—The Secretary shall terminate the working group established pursuant to paragraph (1) on the date on which the regulation issued pursuant to paragraph (4) takes effect.

(i) Transportation system access data.—

(1) IN GENERAL.—Not later than 90 days after the date on which the Secretary of Transportation establishes the measure required under section 150(f) of title 23, United States Code, the Secretary shall develop or procure eligible transportation system access data sets and analytical tools and make such data sets and analytical tools available to State departments of transportation and metropolitan planning areas that represent transportation management areas.

(2) REQUIREMENTS.—An eligible transportation system access data set and analytical tool shall have the following characteristics:

(A) The ability to quantify the level of safe, reliable, and convenient transportation system access to—

(i) employment;

(ii) services; and

(iii) connections to other modes of transportation.

(B) The ability to quantify transportation system access for various modes of travel, including—

(i) driving;

(ii) public transportation;

(iii) walking (including conveyance for persons with disabilities); and

(iv) cycling (including micromobility).

(C) The ability to disaggregate the level of transportation system access by various transportation modes by a variety of population categories, including—

(i) low-income populations;

(ii) minority populations;

(iii) age;

(iv) disability; and

(v) geographical location.

(D) The ability to assess the change in the level of transportation system access that would result from new transportation investments.

(3) CONSIDERATION.—An eligible transportation system access data set and analytical tool shall take into consideration safe and connected networks for walking, cycling, and persons with disabilities.

(j) Definitions.—In this section:

(1) TRANSPORTATION SYSTEM ACCESS.—The term “transportation system access” has the meaning given such term in section 101 of title 23, United States Code.

(2) SERVICES.—The term “services” has the meaning given such term in section 150(f) of title 23, United States Code.

SEC. 1404. Transportation demand data and modeling study.

(a) Study.—

(1) IN GENERAL.—The Secretary of Transportation shall conduct a study on transportation demand data and modeling, including transportation demand forecasting, and make recommendations for developing and utilizing transportation and traffic demand models with a demonstrated record of accuracy.

(2) CONTENTS.—In carrying out the study under this section, the Secretary shall—

(A) collect observed transportation demand data and transportation demand forecasts from States and metropolitan planning organizations, including data and forecasts on—

(i) traffic counts;

(ii) transportation mode share and public transportation ridership; and

(iii) vehicle occupancy measures;

(B) compare the transportation demand forecasts with the observed transportation demand data gathered under subparagraph (A), including an analysis of the level of accuracy of forecasts and possible reasons for large discrepancies; and

(i) develop best practices and guidance for States and metropolitan planning organizations to use in forecasting transportation demand for future investments in transportation improvements;

(ii) evaluate the impact of transportation investments, including new roadway capacity, on transportation behavior and transportation demand, including public transportation ridership, induced highway transportation, and congestion;

(iii) support more accurate transportation demand forecasting by States and metropolitan planning organizations;

(iv) enhance the capacity of States and metropolitan planning organizations to—

(I) forecast transportation demand; and

(II) track observed transportation behavior responses, including induced transportation, to changes in transportation capacity, pricing, and land use patterns; and

(v) develop transportation demand management strategies to maximize the efficiency of the transportation system, improve mobility, reduce congestion, and lower vehicle emissions.

(3) COVERED ENTITIES.—In carrying out the study under this section, the Secretary shall ensure that data and forecasts described in paragraph (2)(A) are collected from—

(A) States;

(B) metropolitan planning organizations that serve an area with a population of 200,000 people or fewer; and

(4) WORKING WITH THE PRIVATE SECTOR.—In carrying out this section, the Secretary may, and is encouraged to, procure additional data as necessary from university transportation centers, private sector providers, and other entities as is needed and may use funds authorized under section 503(b) of title 23, United States Code, for carrying out this paragraph.

(5) WORKING WITH AFFECTED COMMUNITIES.—In carrying out this section, the Secretary shall consult with, and collect data and input from, representatives of—

(A) the Department of Transportation;

(B) State departments of transportation;

(D) local governments;

(E) providers of public transportation;

(F) nonprofit entities related to transportation, including safety, cycling, disability, and equity groups; and

(G) any other stakeholders, as determined by the Secretary.

(b) Report.—Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress a report containing the findings of the study conducted under subsection (a).

(c) Secretarial support.—The Secretary shall seek opportunities to support the transportation planning processes under sections 134 and 135 of title 23, United States Code, through the provision of data to States and metropolitan planning organizations to improve the quality of transportation plans, models, and demand forecasts.

(d) Update guidance and regulations.—The Secretary shall—

(1) update Department of Transportation guidance and procedures to utilize best practices documented throughout the Federal program; and

(2) ensure that best practices included in the report are incorporated into appropriate regulations as such regulations are updated.

(e) Continuing improvement.—The Secretary shall set out a process to repeat the study under this section every 2 years as part of the conditions and performance report, including—

(1) progress in the accuracy of model projections;

(2) further recommendations for improvement; and

(3) further changes to guidance, regulation, and procedures required for the Department of Transportation to adopt best practices.

SEC. 1405. Fiscal constraint on long-range transportation plans.

Not later than 1 year after the date of enactment of this Act, the Secretary shall amend section 450.324(f)(11)(v) of title 23, Code of Federal Regulations, to ensure that the outer years of a metropolitan transportation plan are defined as “beyond the first 4 years”.

subtitle E—Federal Lands, Tribes, and Territories

SEC. 1501. Territorial and Puerto Rico highway program.

(a) In general.—Section 165 of title 23, United States Code, is amended—

(1) by striking subsection (a) and inserting the following:

“(a) Annual allocation.—For the Puerto Rico and territorial highway program, there shall be made available—

“(1) $340,000,000 for the Puerto Rico highway program under subsection (b) for each of fiscal years 2023 through 2026; and

“(2) for the territorial highway program under subsection (c)—

“(A) $113,044,097 for fiscal year 2023;

“(B) $114,961,294 for fiscal year 2024;

“(C) $117,190,719 for fiscal year 2025; and

“(D) $119,237,332 for fiscal year 2026.”;

(2) in subsection (b)(2) by adding at the end the following:

“(D) TRANSFERABILITY.—Of the amounts described in clauses (i) and (ii) of subparagraph (C) for the Puerto Rico highway program, Puerto Rico may transfer not to exceed 50 percent in a fiscal year of such amounts for activities described in clause (iii) of such subparagraph.”.

(3) in subsection (c)(6)(A)—

(A) by redesignating clauses (iv), (v), (vi), and (vii) as clauses (v), (vi), (vii), and (viii), respectively; and

(B) by inserting after clause (iii) the following:

“(iv) Ferry boats and terminal facilities that are privately or majority privately owned, in accordance with paragraphs (1), (2), (4), (5), (6), and (7) of section 129(c), that provide a substantial public benefit.”; and

(4) by adding at the end the following:

“(d) Participation of territories in discretionary programs.—For any program in which the Secretary may allocate funds out of the Highway Trust Fund (other than the Mass Transit Account) to a State at the discretion of the Secretary, the Secretary may allocate funds to one or more territory for any project or activity that otherwise would be eligible under such program if such project or activity was being carried out in a State.”.

(b) Access and development roads.—Section 118(d) of title 23, United States Code, is amended by striking “and the Commonwealth of Puerto Rico” and inserting “, the Commonwealth of Puerto Rico, and any other territory of the United States”.

SEC. 1502. Tribal transportation program.

Section 202 of title 23, United States Code, is amended—

(1) in subsection (d)—

(A) in paragraph (1) by striking “improving deficient” and inserting “the construction and reconstruction of”;

(B) in paragraph (2)—

(i) in subparagraph (A) by inserting “construct,” after “project to”; and

(ii) in subparagraph (B)—

(I) by striking “deficient”; and

(II) by inserting “in poor condition” after “facility bridges”; and

(i) in the heading by striking “Eligible bridges” and inserting “Eligibility for existing bridges”;

(ii) by striking “a bridge” and inserting “an existing bridge”; and

(iii) in subparagraph (C) by striking “structurally deficient or functionally obsolete” and inserting “in poor condition”; and

(2) in subsection (e) by striking “for eligible projects described in section 148(a)(4).” and inserting the following: “for—

“(A) eligible projects described in section 148(a)(4);

“(B) projects to promote public awareness and education concerning highway safety matters (including bicycle, all-terrain, motorcyclist, and pedestrian safety); or

“(C) projects to enforce highway safety laws.”.

SEC. 1503. Tribal High Priority Projects program.

(a) Tribal transportation program.—Section 202 of title 23, United States Code, is amended—

(1) by redesignating subsection (f) as subsection (g); and

(2) by inserting after subsection (e) the following:

“(f) Tribal High Priority Projects program.—Before making any distribution under subsection (b), the Secretary shall set aside $50,000,000 from the funds made available under the tribal transportation program for each fiscal year to carry out the Tribal High Priority Projects program under section 1123 of MAP–21 (23 U.S.C. 202 note).”.

(b) Tribal High Priority Projects program.—Section 1123 of MAP–21 (23 U.S.C. 202 note) is amended—

(1) in subsection (a)(1)(C) by striking “required by that section” and inserting “required under such program”;

(2) in subsection (b)(1) by striking “use amounts made available under subsection (h) to”;

(3) in subsection (d)—

(A) in paragraph (2) by inserting “, in consultation with the Secretary of the Interior,” after “The Secretary”; and

(B) in paragraph (3) by striking “of the Interior” each place it appears;

(4) in subsection (f) by striking “$1,000,000” and inserting “$5,000,000”;

(5) in subsection (g) by striking “and the Secretary” and inserting “or the Secretary”; and

(6) by striking subsection (h) and inserting the following:

“(h) Administration.—The funds made available to carry out this section shall be administered in the same manner as funds made available for the Tribal transportation program under section 202 of title 23, United States Code.”.

SEC. 1504. Federal lands transportation program.

(a) In general.—Section 203(a) of title 23, United States Code, is amended by adding at the end the following:

“(6) TRANSFER FOR HIGH-COMMUTER CORRIDORS.—

“(A) REQUEST.—If the head of a covered agency determines that a high-commuter corridor requires additional investment, based on the criteria described in subparagraph (D), the head of a covered agency, with respect to such corridor, shall submit to the State—

“(i) information on condition of pavements and bridges;

“(ii) an estimate of the amounts needed to bring such corridor into a state of good repair, taking into consideration any planned future investments; and

“(iii) at the discretion of the head of a covered agency, a request that the State transfer to the covered agency, under the authority of section 132 or section 204, or to the Federal Highway Administration, under the authority of section 104, a portion of such amounts necessary to address the condition of the corridor.

“(B) STATE RESPONSE.—Not later than 45 days after the date of receipt of the request described in subparagraph (A)(iii), the State shall—

“(i) approve the request;

“(ii) deny the request and explain the reasons for such denial; or

“(iii) request any additional information necessary to take action on the request.

“(C) NOTIFICATION TO THE SECRETARY.—The head of a covered agency shall provide to the Secretary a copy of any request described under subparagraph (A)(iii) and response described under subparagraph (B).

“(D) CRITERIA.—In making a determination under subparagraph (A), the head of a covered agency, with respect to the corridor, shall consider—

“(i) the condition of roads, bridges, and tunnels; and

“(ii) the average annual daily traffic.

“(E) DEFINITIONS.—In this paragraph:

“(i) COVERED AGENCY.—The term ‘covered agency’ means a Federal agency eligible to receive funds under this section, section 203, or section 204, including the Army Corps of Engineers, Bureau of Reclamation, and the Bureau of Land Management.

“(ii) HIGH-COMMUTER CORRIDOR.—The term ‘high-commuter corridor’ means a Federal lands transportation facility that has an average annual daily traffic of not less than 20,000 vehicles.”.

(b) GAO study regarding NPS maintenance.—

(1) STUDY.—The Comptroller General of the United States shall study the National Park Service maintenance prioritization of Federal lands transportation facilities.

(2) CONTENTS.—At minimum, the study under paragraph (1) shall examine—

(A) general administrative maintenance of the National Park Service;

(B) how the National Park Service currently prioritizes maintenance of Federal facilities covered under the Federal Lands Transportation Program;

(D) to what degree does the National Park Service prioritize high-commuter corridors; and

(E) how the National Park Service can better service the needs of high commuter corridors.

(3) REPORT.—Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report summarizing the study and the results of such study, including recommendations for addressing the maintenance needs and prioritization of high-commuter corridors.

(4) DEFINITION OF HIGH-COMMUTER CORRIDOR.—In this section, the term “high-commuter corridor” means a Federal lands transportation facility that has average annual daily traffic of not less than 20,000 vehicles.

SEC. 1505. Federal lands and Tribal major projects program.

(a) In general.—Chapter 2 of title 23, United States Code, is amended by inserting after section 207 the following:

“§ 208. Federal lands and Tribal major projects program

“(a) Establishment.—The Secretary shall establish a Federal lands and Tribal major projects program (referred to in this section as the ‘program’) to provide funding to construct, reconstruct, or rehabilitate critical Federal lands and Tribal transportation infrastructure.

“(b) Eligible applicants.—

“(1) IN GENERAL.—Except as provided in paragraph (2), entities eligible to receive funds under sections 201, 202, 203, and 204 may apply for funding under the program.

“(2) SPECIAL RULE.—A State, county, or unit of local government may only apply for funding under the program if sponsored by an eligible Federal agency or Indian Tribe.

“(c) Eligible projects.—An eligible project under the program shall be on a Federal lands transportation facility, a Federal lands access transportation facility, or a tribal transportation facility, except that such facility is not required to be included in an inventory described in section 202 or 203, and for which—

“(1) the project—

“(A) has completed the activities required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) which has been demonstrated through—

“(i) a record of decision with respect to the project;

“(ii) a finding that the project has no significant impact; or

“(iii) a determination that the project is categorically excluded; or

“(B) is reasonably expected to begin construction not later than 18 months after the date of obligation of funds for the project; and

“(2) the project has an estimated cost equal to or exceeding—

“(A) $12,500,000 if it is on a Federal lands transportation facility or a Federal lands access transportation facility; and

“(B) $5,000,000 if it is on a Tribal transportation facility.

“(d) Eligible activities.—Grant amounts received for a project under this section may be used for—

“(2) construction, reconstruction, and rehabilitation activities.

“(e) Applications.—Eligible applicants shall submit to the Secretary an application at such time, in such form, and containing such information as the Secretary may require.

“(f) Project requirements.—The Secretary may select a project to receive funds under the program only if the Secretary determines that the project—

“(1) improves the condition of critical transportation facilities, including multimodal facilities;

“(2) cannot be easily and efficiently completed with amounts made available under section 202, 203, or 204; and

“(3) is cost effective.

“(g) Merit criteria.—In making a grant under this section, the Secretary shall consider whether the project—

“(1) will generate state of good repair, resilience, economic competitiveness, quality of life, mobility, or safety benefits;

“(2) in the case of a project on a Federal lands transportation facility or a Federal lands access transportation facility, has costs matched by funds that are not provided under this section or this title; and

“(3) generates benefits for land owned by multiple Federal land management agencies or Indian Tribes, or which spans multiple States.

“(h) Evaluation and rating.—To evaluate applications, the Secretary shall—

“(1) determine whether a project meets the requirements under subsection (f);

“(2) evaluate, through a discernable and transparent methodology, how each application addresses one or more merit criteria established under subsection (g);

“(3) assign a rating for each merit criteria for each application; and

“(4) consider applications only on the basis of such quality ratings and which meet the minimally acceptable level for each of the merit criteria.

“(i) Cost share.—

“(1) FEDERAL LANDS PROJECTS.—

“(A) IN GENERAL.—Notwithstanding section 120, the Federal share of the cost of a project on a Federal lands transportation facility or a Federal lands access transportation facility shall be up to 90 percent.

“(B) NON-FEDERAL SHARE.—Notwithstanding any other provision of law, any Federal funds may be used to pay the non-Federal share of the cost of a project carried out under this section.

“(2) TRIBAL PROJECTS.—The Federal share of the cost of a project on a Tribal transportation facility shall be 100 percent.

“(j) Use of funds.—For each fiscal year, of the amounts made available to carry out this section, not more than 50 percent shall be used for eligible projects on Federal lands transportation facilities or Federal lands access transportation facilities and Tribal transportation facilities, respectively.”.

(b) Clerical amendment.—The analysis for chapter 2 of title 23, United States Code, is amended by inserting after the item relating to section 207 the following new item:

“208. Federal lands and Tribal major projects program.”.

(c) Repeal.—Section 1123 of the FAST Act (23 U.S.C. 201 note), and the item related to such section in the table of contents under section 1(b) of such Act, are repealed.

SEC. 1506. Office of Tribal Government Affairs.

Section 102 of title 49, United States Code, is amended—

(1) in subsection (e)(1)—

(A) by striking “6 Assistant” and inserting “7 Assistant”;

(B) in subparagraph (C) by striking “; and” and inserting a semicolon;

(D) by inserting after subparagraph (C) the following:

“(D) an Assistant Secretary for Tribal Government Affairs, who shall be appointed by the President; and”; and

(2) in subsection (f)—

(A) in the heading by striking “Deputy Assistant Secretary for Tribal Government Affairs” and inserting “Office of Tribal Government Affairs”; and

(B) by striking paragraph (1) and inserting the following:

“(1) ESTABLISHMENT.—There is established in the Department an Office of Tribal Government Affairs, under the Assistant Secretary for Tribal Government Affairs, to—

“(A) oversee the Tribal transportation self-governance program under section 207 of title 23;

“(B) plan, coordinate, and implement policies and programs serving Indian Tribes and Tribal organizations;

“(C) coordinate Tribal transportation programs and activities in all offices and administrations of the Department;

“(D) provide technical assistance to Indian Tribes and Tribal organizations;

“(E) be a participant in any negotiated rulemakings relating to, or having an impact on, projects, programs, or funding associated with the tribal transportation program under section 202 of title 23; and

“(F) ensure that Department programs have in place, implement, and enforce requirements and obligations for regular and meaningful consultation and collaboration with Tribes and Tribal officials under Executive Order No. 13175 and to serve as the primary advisor to the Secretary and other Department components regarding violations of those requirements.”.

SEC. 1507. Alternative contracting methods.

(a) Land management agencies and tribal governments.—Section 201 of title 23, United States Code, is amended by adding at the end the following:

“(f) Alternative contracting methods.—

“(1) IN GENERAL.—Notwithstanding any other provision of law, the Secretary may use a contracting method available to a State under this title on behalf of—

“(A) a Federal land management agency, with respect to any funds available pursuant to section 203 or 204;

“(B) a Federal land management agency, with respect to any funds available pursuant to section 1535 of title 31 for any eligible use described in sections 203(a)(1) and 204(a)(1) of this title; or

“(C) a Tribal Government, with respect to any funds available pursuant to section 202(b)(7)(D).

“(2) METHODS DESCRIBED.—The contracting methods referred to in paragraph (1) shall include, at a minimum—

“(A) project bundling;

“(B) bridge bundling;

“(C) design-build contracting;

“(D) 2-phase contracting;

“(E) long-term concession agreements; and

“(F) any method tested, or that could be tested, under an experimental program relating to contracting methods carried out by the Secretary.

“(3) RULE OF CONSTRUCTION.—Nothing in this subsection—

“(A) affects the application of the Federal share for a project carried out with a contracting method under this subsection; or

“(B) modifies the point of obligation of Federal salaries and expenses.”.

(b) Use of alternative contracting method.—In carrying out the amendments made by this section, the Secretary shall—

(1) in consultation with the applicable Federal land management agencies, establish procedures that are—

(A) applicable to each alternative contracting method; and

(B) to the maximum extent practicable, consistent with requirements for Federal procurement transactions;

(2) solicit input on the use of each alternative contracting method from any affected industry prior to using such method; and

(3) analyze and prepare an evaluation of the use of each alternative contracting method.

SEC. 1508. Divestiture of federally owned bridges.

(a) In general.—The Commissioner of the Bureau of Reclamation may transfer ownership of a bridge that is owned by the Bureau of Reclamation if—

(1) the ownership of the bridge is transferred to a State with the concurrence of such State;

(2) the State to which ownership is transferred agrees to operate and maintain the bridge;

(3) the transfer of ownership complies with all applicable Federal requirements, including—

(A) section 138 of title 23, United States Code;

(B) section 306108 of title 54, United States Code; and

(4) the Bureau of Reclamation and the State to which ownership is being transferred jointly notify the Secretary of Transportation of the intent to conduct a transfer prior to such transfer.

(b) Access.—In a transfer of ownership of a bridge under this section, the Commissioner of the Bureau of Reclamation—

(1) shall not be required to transfer ownership of the land on which the bridge is located or any adjacent lands; and

(2) shall make arrangements with the State to which ownership is being transferred to allow for adequate access to such bridge, including for the purposes of construction, maintenance, and bridge inspections pursuant to section 144 of title 23, United States Code.

SEC. 1509. Study on Federal funding available to Indian Tribes.

Not later than January 31 of each year, the Secretary of Transportation shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that—

(1) identifies the number of Indian Tribes that were direct recipients of funds under any discretionary Federal highway, transit, or highway safety program in the prior fiscal year;

(2) lists the total amount of such funds made available directly to such Tribes;

(3) identifies the number and location of Indian Tribes that were indirect recipients of funds under any formula-based Federal highway, transit, or highway safety program in the prior fiscal year; and

(4) lists the total amount of such funds made available indirectly to such tribes through states or other direct recipients of Federal highway, transit or highway safety funding.

SEC. 1510. GAO study.

(a) In general.—The Comptroller General of the United States shall conduct a study on the deferred maintenance of United States forest roads, including—

(1) the current backlog;

(2) the current actions on such maintenance and backlog;

(3) the impacts of public safety due to such deferred maintenance; and

(4) recommendations for Congress on ways to address such backlog.

(b) Report.—Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report containing the results of the study conducted under subsection (a).

SEC. 1511. Federal lands access program.

Section 204(a) of title 23, United States Code, is amended—

(1) in paragraph (1)(A)—

(A) in the matter preceding clause (i), by inserting “context-sensitive solutions,” after “restoration,”;

(B) in clause (i), by inserting “, including interpretive panels in or adjacent to those areas” after “areas”;

(D) by redesignating clause (vi) as clause (ix); and

(E) by inserting after clause (v) the following:

“(vi) contextual wayfinding markers;

“(vii) landscaping;

“(viii) cooperative mitigation of visual blight, including screening or removal; and”; and

(2) by adding at the end the following:

“(6) NATIVE PLANT MATERIALS.—In carrying out an activity described in paragraph (1), the Secretary shall ensure that the entity carrying out the activity considers—

“(A) the use of locally adapted native plant materials; and

“(B) designs that minimize runoff and heat generation.”.

subtitle F—Additional Provisions

SEC. 1601. Vision zero.

(a) In general.—A local government, metropolitan planning organization, or regional transportation planning organization may develop and implement a vision zero plan to significantly reduce or eliminate transportation-related fatalities and serious injuries within a specified timeframe, not to exceed 20 years.

(b) Use of funds.—Amounts apportioned to a State under paragraph (2) or (3) of section 104(b) of title 23, United States Code, may be used—

(1) to carry out vision zero planning under this section or a vulnerable road user safety assessment; and

(2) to implement an existing vision zero plan.

(1) a description of programs, strategies, or policies intended to significantly reduce or eliminate transportation-related fatalities and serious injuries within a specified timeframe, not to exceed 20 years, that is consistent with a State strategic highway safety plan and uses existing transportation data and consideration of risk factors;

(2) plans for implementation of, education of the public about, and enforcement of such programs, strategies, or policies;

(3) a description of how such programs, strategies, or policies, and the enforcement of such programs, strategies, or policies will—

(A) equitably invest in the safety needs of low-income and minority communities;

(B) ensure that such communities are not disproportionately targeted by law enforcement; and

(C) protect the rights of members of such communities with respect to title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.); and

(4) a description of a mechanism to evaluate progress of the development and implementation of the plan, including the gathering and use of transportation safety and demographic data.

(d) Inclusions.—A vision zero plan may include a complete streets prioritization plan that identifies a specific list of projects to—

(1) create a connected network of active transportation facilities, including sidewalks, bikeways, or pedestrian and bicycle trails, to connect communities and provide safe, reliable, affordable, and convenient access to employment, housing, and services, consistent with the goals described in section 150(b) of title 23, United States Code;

(2) integrate active transportation facilities with public transportation service or improve access to public transportation; and

(3) improve transportation options for low-income and minority communities.

(e) Coordination.—A vision zero plan under this section shall provide for coordination of various subdivisions of a unit of local government in the implementation of the plan, including subdivisions responsible for law enforcement, public health, data collection, and public works.

(f) Safety performance management.—A vision zero plan under this section is not sufficient to demonstrate compliance with the safety performance or planning requirements of section 148 or 150 of title 23, United States Code.

(g) Guidance on safe system approach.—The Secretary of Transportation shall develop guidance on the consideration of a safe system approach in project planning, scoping, and design to facilitate the implementation of vision zero plans under this section and vulnerable road user assessments under section 148 of title 23, United States Code.

(h) Definitions.—In this section, the terms “safe system approach” and “vulnerable road user safety assessment” have the meanings given such terms in section 148 of title 23, United States Code.

SEC. 1602. Speed limits.

(a) Speed limits.—The Secretary of Transportation shall revise the Manual on Uniform Traffic Control Devices to provide for a safe system approach to setting speed limits, consistent with the safety recommendations issued by the National Transportation Safety Board on August 15, 2017, numbered H–17–27 and H–17–028.

(b) Considerations.—In carrying out subparagraph (A), the Secretary shall consider—

(1) crash statistics;

(2) road geometry characteristics;

(3) roadside characteristics;

(4) traffic volume;

(5) the possibility and likelihood of human error;

(6) human injury tolerance;

(7) the prevalence of vulnerable road users; and

(8) any other consideration, consistent with a safe system approach, as determined by the Secretary.

(c) Report on Speed Management Program Plan.—Not later than 1 year after the date of enactment of this Act, the Secretary shall update and report on the implementation progress of the Speed Management Program Plan of the Department of Transportation, as described in the safety recommendation issued by the National Transportation Safety Board on August 15, 2017, numbered H–17–018.

(d) Definitions.—In this section, the terms “safe system approach” and “vulnerable road user” have the meanings given such terms in section 148(a) of title 23, United States Code.

SEC. 1603. Dig Once for broadband infrastructure deployment.

(a) Definitions.—In this section:

(1) APPROPRIATE STATE AGENCY.—The term “appropriate State agency” means a State governmental agency that is recognized by the executive branch of the State as having the experience necessary to evaluate and facilitate the installation and operation of broadband infrastructure within the State.

(2) BROADBAND.—The term “broadband” has the meaning given the term “advanced telecommunications capability” in section 706 of the Telecommunications Act of 1996 (47 U.S.C. 1302).

(3) BROADBAND CONDUIT.—The term “broadband conduit” means a conduit or innerduct for fiber optic cables (or successor technology of greater quality and speed) that supports the provision of broadband.

(4) BROADBAND INFRASTRUCTURE.—The term “broadband infrastructure” means any buried or underground facility and any wireless or wireline connection that enables the provision of broadband.

(5) BROADBAND PROVIDER.—The term “broadband provider” means an entity that provides broadband to any person, including, with respect to such entity—

(A) a corporation, company, association, firm, partnership, nonprofit organization, or any other private entity;

(B) a State or local broadband provider;

(D) a partnership between any of the entities described in subparagraphs (A), (B), and (C).

(6) COVERED HIGHWAY CONSTRUCTION PROJECT.—

(A) IN GENERAL.—The term “covered highway construction project” means, without regard to ownership of a highway, a project funded under title 23, United States Code, and administered by a State department of transportation to construct a new highway or an additional lane for an existing highway, to reconstruct an existing highway, or new construction, including construction of a paved shoulder.

(B) EXCLUSIONS.—The term “covered highway construction project” excludes any project—

(i) awarded before the date on which regulations required under subsection (b) take effect;

(ii) that does not include work beyond the edge of pavement or current paved shoulder;

(iii) that is less than a mile in length; or

(iv) that is—

(I) a project primarily for resurfacing, restoration, rehabilitation, or maintenance;

(II) a bicycle, pedestrian, transportation alternatives, sidewalk, recreational trails, or safe routes to school project;

(III) an operational improvement (as such term is defined in section 101 of title 23, United States Code);

(IV) a project primarily to install signage; or

(V) a culvert project.

(7) DIG ONCE REQUIREMENT.—The term “dig once requirement” means a requirement designed to reduce the cost and accelerate the deployment of broadband by minimizing the number and scale of repeated excavations for the installation and maintenance of broadband conduit or broadband infrastructure in rights-of-way.

(8) INDIAN TRIBE.—The term “Indian Tribe” has the meaning given such term in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304(e)).

(9) NTIA ADMINISTRATOR.—The term “NTIA Administrator” means the Assistant Secretary of Commerce for Communications and Information.

(10) PROJECT.—The term “project” has the meaning given such term in section 101 of title 23, United States Code.

(11) SECRETARY.—The term “Secretary” means the Secretary of Transportation.

(12) STATE.—The term “State” has the meaning given such term in section 401 of title 23, United States Code.

(13) STATE OR LOCAL BROADBAND PROVIDER.—The term “State or local broadband provider” means a State or political subdivision thereof, or any agency, authority, or instrumentality of a State or political subdivision thereof, that provides broadband to any person or facilitates the provision of broadband to any person in such State.

(b) Dig once requirement.—Not later than 12 months after the date of enactment of this Act, to facilitate the installation of broadband infrastructure, the Secretary shall issue such regulations as may be necessary to ensure that each State that receives funds under chapter 1 of title 23, United States Code, complies with the following provisions:

(1) BROADBAND PLANNING AND NOTICE.—The State department of transportation, in consultation with appropriate State agencies, shall—

(A) review existing State broadband plans, including existing dig once requirements of the State, municipal governments incorporated under State law, and Indian tribes within the State, to determine opportunities to coordinate covered highway construction projects occurring within or across highway rights-of-way with planned broadband infrastructure projects;

(B) identify a broadband coordinator, who may have additional responsibilities in the State department of transportation or in another State agency, that is responsible for facilitating the broadband infrastructure right-of-way efforts within the State; and

(i) for the registration of broadband providers that seek to be included in the advance notification of, and opportunity to participate in, broadband infrastructure right-of-way facilitation efforts within the State; and

(ii) to electronically notify all broadband providers registered under clause (i)—

(I) of the State transportation improvement program on at least an annual basis; and

(II) of covered highway construction projects within the highway right-of-way for which Federal funding is expected to be obligated in the subsequent fiscal year.

(2) COORDINATION AND COMPLIANCE.—

(A) MOBILE NOW ACT.—A State department of transportation shall be considered to meet the requirements of subparagraphs (B) and (C) of paragraph (1) if such State department of transportation has been determined to be in compliance with the requirements established under section 607 of division P of the Consolidated Appropriations Act, 2018 (47 U.S.C. 1504).

(B) WEBSITE.—A State department of transportation shall be considered to meet the requirements of paragraph (1)(C) if the State publishes on a public website—

(i) the State transportation improvement program on at least an annual basis; and

(ii) covered highway construction projects within the highway right-of-way for which Federal funding is expected to be obligated in the subsequent fiscal year.

(C) COORDINATION.—The State department of transportation, in consultation with appropriate State agencies, shall by rule or regulation establish a process for a broadband provider to commit to installing broadband conduit or broadband infrastructure as part of any covered highway construction project.

(D) APPROPRIATE STATE AGENCY.—In lieu of the State department of transportation, at the discretion of the State, an appropriate State agency, in consultation with the State department of transportation, may carry out the requirements of paragraph (1).

(3) REQUIRED INSTALLATION OF BROADBAND CONDUIT.—

(A) IN GENERAL.—The State department of transportation shall install broadband conduit, in accordance with this paragraph (except as described in subparagraph (F)), as part of any covered highway construction project, unless a broadband provider has committed to install broadband conduit or broadband infrastructure as part of such project in a process described under paragraph (2)(C).

(B) INSTALLATION REQUIREMENTS.—In installing broadband conduit or broadband infrastructure as part of a covered highway construction project, the State department of transportation shall ensure that—

(i) installation pursuant to this paragraph of broadband conduit, broadband infrastructure, and means or points of access to such conduit or infrastructure (such as poles, hand holes, manholes, pull tape, or ducts) shall provide for the current and future safe operation of the traveled way, is consistent with part 645 of title 23, Code of Federal Regulations, and any accommodation policies of the State under such part to reasonably enable deployment of such conduit, infrastructure, and means or points of access, and any Damage Prevention and Underground Facilities Protection or related requirements of the State;

(ii) an appropriate number of broadband conduits, as determined in consultation with the appropriate State agencies, are installed along the right-of-way of a covered highway construction project to accommodate multiple broadband providers, with consideration given to the availability of existing broadband conduits;

(iii) the size of each broadband conduit is consistent with industry best practices, consistent with the requirements of part 645 of title 23, Code of Federal Regulations, and sufficient to accommodate anticipated demand, as determined in consultation with the appropriate State agencies;

(iv) any hand holes and manholes necessary for fiber access and pulling with respect to such conduit are placed at intervals consistent with standards determined in consultation with the appropriate State agencies (which may differ by type of road, topologies, and rurality) the requirements of part 645 of title 23, Code of Federal Regulations, and other applicable safety requirements;

(v) each broadband conduit installed pursuant to this paragraph includes a pull tape and is capable of supporting fiber optic cable placement techniques consistent with best practices and the requirements of part 645 of title 23, Code of Federal Regulations;

(vi) broadband conduit is placed at a depth consistent with requirements of the covered highway construction project and best practices and that, in determining the depth of placement, consideration is given to the location of existing utilities and cable separation requirements of State and local electrical codes; and

(vii) installation of broadband conduit shall not preclude the installation of other specific socially, environmentally, or economically beneficial uses of the right-of-way, such as planned energy transmission or renewable energy generation projects.

(C) PROGRAMMATIC REVIEW.—The State department of transportation may make determinations on the implementation of the requirements described in subparagraph (B) on a programmatic basis.

(D) ACCESS.—

(i) IN GENERAL.—The State department of transportation shall ensure that any requesting broadband provider has access to each broadband conduit installed by the State pursuant to this paragraph, on a competitively neutral and nondiscriminatory basis and in accordance with State permitting, licensing, leasing, or other similar laws and regulations.

(ii) SOCIALLY BENEFICIAL USE.—The installation of broadband conduit as part of a covered highway construction project shall be considered a socially-beneficial use of the right-of-way under section 156(b) of title 23, United States Code.

(iii) IN-KIND COMPENSATION.—The State department of transportation may negotiate in-kind compensation with any broadband provider requesting access to broadband conduit installed under the provisions of this paragraph.

(iv) SAFETY CONSIDERATIONS.—The State department of transportation shall provide for a process for a broadband provider to safely access to the highway right-of-way during installation and on-going maintenance of the broadband conduit and broadband infrastructure, including a traffic control safety plan.

(v) COMMUNICATION.—A broadband provider with access to the conduit installed pursuant to this subsection shall notify, and receive permission from, the relevant agencies of State responsible for the installation of such broadband conduit prior to accessing any highway or highway right-of-way, in accordance with applicable Federal requirements.

(E) TREATMENT OF PROJECTS.—Notwithstanding any other provision of law, broadband conduit and broadband infrastructure installation projects installed by a State under this paragraph shall comply with section 113(a) of title 23, United States Code.

(F) WAIVER AUTHORITY.—

(i) IN GENERAL.—A State department of transportation may waive the required installation of broadband conduit for part or all of any covered highway construction project under this paragraph if, in the determination of the State department of transportation—

(I) broadband infrastructure, terrestrial broadband infrastructure, aerial broadband fiber cables, or broadband conduit is present near a majority of the length of the covered highway construction project;

(II) installation of terrestrial or aerial broadband fiber cables associated with the covered highway construction project is more appropriate for the context or a more cost-effective means to facilitate broadband service to an area not adequately served by broadband and such installation is present or planned;

(III) the installation of broadband conduit increases overall costs of a covered highway construction project by 1.5 percent or greater;

(IV) the installation of broadband conduit associated with the covered highway construction project is not reasonably expected to be utilized or connected to future broadband infrastructure in the 20 years following the date on which such determination is made, as determined by the State department of transportation, in consultation with appropriate State agencies and potentially affected local governments and Indian tribes;

(V) the requirements of this paragraph would require installation of conduit redundant with a dig once requirement of a local government or Indian tribe;

(VI) there exists a circumstance involving force majeure; or

(VII) the installation of conduit is not appropriate based on other relevant factors established by the Secretary in consultation with the NTIA Administrator through regulation.

(ii) CONTENTS OF WAIVER.—A waiver authorized under this subparagraph shall—

(I) identify the covered highway construction project; and

(II) include a brief description of the determination of the State for issuing such waiver.

(iii) AVAILABILITY OF WAIVER.—Notification of a waiver authorized under this subparagraph shall be made publicly available, such as on a public website of the State department of transportation described in paragraph (2)(B).

(iv) WAIVER DETERMINATION.—

(I) IN GENERAL.—The State department of transportation shall be responsible for the waiver determination described under this paragraph, consistent with the regulation issued pursuant to this subsection, and may grant a programmatic waiver for categories of projects excluded under this subparagraph.

(II) NO PRIVATE CAUSE OF ACTION.—The waiver determination described under this paragraph shall be final and conclusive. Nothing in this section shall provide a private right or cause of action to challenge such determination in any court of law.

(4) PRIORITY.—If a State provides for the installation of broadband infrastructure or broadband conduit in the right-of-way of a covered highway construction project, the State department of transportation, along with appropriate State agencies, shall carry out appropriate measures to ensure that an existing broadband provider is afforded access that is non-discriminatory, competitively neutral, and equal in opportunity, as compared to other broadband providers, with respect to the program under this subsection.

(c) Guidance for the installation of broadband conduit.—The Secretary, in consultation with the NTIA Administrator, shall issue guidance for best practices related to the installation of broadband conduit as described in subsection (b)(2) and of conduit and similar infrastructure for intelligent transportation systems (as such term is defined in section 501 of title 23, United States Code) that may utilize broadband conduit installed pursuant to subsection (b)(2).

(d) Consultation.—

(1) IN GENERAL.—In issuing regulations required by this subsection or to implement any part of this section, the Secretary shall consult—

(A) the NTIA Administrator;

(B) the Federal Communications Commission;

(D) appropriate State agencies;

(E) agencies of local governments responsible for transportation and rights-of-way, utilities, and telecommunications and broadband;

(F) Indian tribes;

(G) broadband providers; and

(H) manufacturers of optical fiber, conduit, pull tape, and related items.

(2) BROADBAND USERS.—The Secretary shall ensure that the entities consulted under subparagraphs (C) through (F) of paragraph (1) include entities that have expertise with rural areas and populations with limited access to broadband infrastructure.

(3) BROADBAND PROVIDERS.—The Secretary shall ensure that the entities consulted under subparagraph (G) of paragraph (1) include entities that provide broadband to rural areas and populations with limited access to broadband infrastructure.

(4) CONSULTING SMALL MUNICIPALITIES.—The Secretary shall ensure that the agencies of local governments consulted under subparagraph (E) of paragraph (1) include rural areas, specifically agencies of local governments with populations less than 50,000.

(e) Oversight.—

(1) IN GENERAL.—The Secretary shall periodically review compliance with the regulations issued pursuant to this section and ensure that State waiver determinations are consistent with such regulations.

(2) EFFICIENT REVIEW.—The review described under paragraph (1) may be carried out through the risk-based stewardship and oversight program described under section 106(g) of title 23, United States Code.

(3) EFFECT OF SUBSECTION.—Nothing in this subsection shall affect or discharge any oversight responsibility of the Secretary specifically provided for under title 23, United States Code, or any other Federal law.

(f) Additional provisions.—

(1) APPLICABILITY.—

(A) IN GENERAL.—The portion of the regulation issued pursuant to subsection (b) relating to the provisions under paragraph (3) of such subsection shall not take effect until a source of dedicated funding for the installation and long term maintenance of broadband conduit described in subsection (g)(2) is established.

(B) APPLICABILITY DATE.—Paragraphs (2) through (4) of subsection (b) and subsection (d) shall apply only to covered highway construction projects for which Federal obligations or expenditures are initially approved on or after the date on which regulations required under this subsection take effect.

(2) RULES OF CONSTRUCTION.—

(A) STATE LAW.—Nothing in this subsection shall be construed to require a State to install or allow the installation of broadband conduit or broadband infrastructure—

(i) that is otherwise inconsistent with what is allowable under State law; or

(ii) where the State lacks the authority for such installation, such as any property right or easement necessary for such installation.

(B) NO REQUIREMENT FOR INSTALLATION OF MOBILE SERVICES EQUIPMENT.—Nothing in this section shall be construed to require a State, a municipal government incorporated under State law, or an Indian Tribe to install or allow for the installation of equipment essential for the provision of commercial mobile services (as defined in section 332(d) of the Communications Act of 1934 (47 U.S.C. 332(d))) or commercial mobile data service (as defined in section 6001 of the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1401)), other than broadband conduit and associated equipment described in paragraph (3)(B).

(3) RELATION TO STATE DIG ONCE REQUIREMENTS.—Nothing in subsections (b), (c), (d), or (e) or any regulations issued pursuant to subsection (b) shall be construed to alter or supersede any provision of a State law or regulation that provides for a dig once requirement that includes similar or more stringent requirements to the provisions of subsections (b), (c), (d), or (e) and any regulations promulgated under subsection (b).

(g) Dig once funding task force.—

(1) ESTABLISHMENT.—The Secretary and the NTIA Administrator shall jointly establish an independent task force on funding the nationwide dig once requirement described in this section to be known as the “Dig Once Funding Task Force” (hereinafter referred to as the “Task Force”).

(2) DUTIES.—The duties of the Task Force shall be to—

(A) estimate the annual cost for implementing, administering, and maintaining a nationwide dig once requirement;

(B) propose and evaluate options for funding a nationwide dig once requirement described in this section that includes—

(i) a discussion of the role and potential share of costs of—

(I) the Federal Government;

(II) State and local governments and Indian tribes; and

(III) broadband providers installing broadband conduit or broadband infrastructure under this section;

(ii) consideration of the role of existing dig once requirements on States, local governments, and Indian tribes and the role of private broadband investment, with a goal to not discourage or disincentivize such dig once requirements or such investment; and

(iii) evaluating the appropriate entity or entities responsible for maintaining the broadband infrastructure and conduit installed pursuant to a dig once requirement; and

(C) propose a cost-based model fee schedule for a State to charge a broadband provider to access and use conduit installed by such State pursuant to this section that—

(i) shall consider costs (including administrative costs) associated with installation and long-term maintenance of the broadband conduit installed pursuant to this section;

(ii) may vary by topography, location, type of road, rurality, and other factors; and

(iii) may consider financial and market incentives for expanding broadband infrastructure.

(3) REPORTS.—

(A) INTERIM REPORT AND BRIEFING.—Not later than 9 months after the appointment of Members to the Task Force under paragraph (4)(D), the Task Force shall—

(i) submit to Congress an interim report on the findings of the Task Force; and

(ii) provide briefings for Congress on the findings of the Task Force.

(B) FINAL REPORT.—Not later than 3 months after the submission of the interim report under subparagraph (A), the Task Force shall submit to Congress a final report on the findings of the Task Force.

(4) MEMBERS.—

(A) APPOINTMENTS.—The Task Force shall consist of 14 members, comprising—

(i) 2 co-chairs described in subparagraph (B);

(ii) 6 members jointly appointed by the Speaker and minority leader of the House of Representatives, in consultation with the respective Chairs and Ranking Members of—

(I) the Committee on Transportation and Infrastructure of the House of Representatives;

(II) the Committee on Energy and Commerce of the House of Representatives; and

(III) the Committee on Appropriations of the House of Representatives; and

(iii) 6 members jointly appointed by the majority leader and minority leader of the Senate, in consultation with the respective Chairs and Ranking Members of the—

(I) the Committee on Environment and Public Works of the Senate;

(II) the Committee on Commerce, Science, and Transportation of the Senate; and

(III) the Committee on Appropriations of the Senate.

(B) CO-CHAIRS.—The Task Force shall be co-chaired by the Secretary and the NTIA Administrator, or the designees of the Secretary and NTIA Administrator.

(i) 1 representative from a State department of transportation;

(ii) 1 representative from a local government;

(iii) 1 representative from an Indian tribe;

(iv) 1 representative from a broadband provider;

(v) 1 representative from a State or local broadband provider;

(vi) 1 representative from a labor union; and

(vii) 1 representative from a public interest organization.

(D) APPOINTMENT DEADLINE.—Members shall be appointed to the Task Force not later than 60 days after the date of enactment of this Act.

(E) TERMS.—Members shall be appointed for the life of the Task Force. A vacancy in the Task Force shall not affect the powers of the Task Force and the vacancy shall be filled in the same manner as the initial appointment was made.

(5) CONSULTATIONS.—In carrying out the duties required under this subsection, the Task Force shall consult, at a minimum—

(A) the Federal Communications Commission;

(B) agencies of States including—

(i) State departments of transportation; and

(ii) appropriate State agencies;

(C) agencies of local governments responsible for transportation and rights-of-way, utilities, and telecommunications and broadband;

(D) Indian tribes;

(E) broadband providers and other telecommunications providers;

(F) labor unions; and

(G) State or local broadband providers and Indian tribes that act as broadband providers.

(6) ADDITIONAL PROVISIONS.—

(A) EXPENSES FOR NON-FEDERAL MEMBERS.—Non-Federal members of the Task Force shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees under subchapter I of chapter 57 of title 5, United States Code, while away from the homes or regular places of business of such members in the performance of services for the Task Force.

(B) STAFF.—Staff of the Task Force shall comprise detailees with relevant expertise from the Department of Transportation and the National Telecommunications and Information Administration, or another Federal agency that the co-chairpersons consider appropriate, with the consent of the head of the Federal agency, and such detailees shall retain the rights, status, and privileges of the regular employment of such detailees without interruption.

(C) ADMINISTRATIVE ASSISTANCE.—The Secretary and NTIA Administrator shall provide to the Task Force on a reimbursable basis administrative support and other services for the performance of the functions of the Task Force.

(7) TERMINATION.—The Task Force shall terminate not later than 90 days after submission of the final report required under paragraph (3)(B).

SEC. 1604. Stormwater best management practices.

(a) Study.—

(1) IN GENERAL.—Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation and the Administrator shall seek to enter into an agreement with the Transportation Research Board of the National Academy of Sciences to under which the Transportation Research Board shall conduct a study—

(A) to estimate pollutant loads from stormwater runoff from highways and pedestrian facilities eligible for assistance under title 23, United States Code, to inform the development of appropriate total maximum daily load requirements;

(B) to provide recommendations (including recommended revisions to existing laws and regulations) regarding the evaluation and selection by State departments of transportation of potential stormwater management and total maximum daily load compliance strategies within a watershed, including environmental restoration and pollution abatement carried out under section 328 of title 23, United States Code;

(C) to examine the potential for the Secretary to assist State departments of transportation in carrying out and communicating stormwater management practices for highways and pedestrian facilities that are eligible for assistance under title 23, United States Code, through information-sharing agreements, database assistance, or an administrative platform to provide the information described in subparagraphs (A) and (B) to entities issued permits under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); and

(D) to examine the benefit of concentrating stormwater retrofits in impaired watersheds and selecting such retrofits according to a process that depends on a watershed management plan developed in accordance with section 319 of the Federal Water Pollution Control Act (33 U.S.C. 1329).

(2) REQUIREMENTS.—In conducting the study under the agreement entered into pursuant to paragraph (1), the Transportation Research Board shall—

(A) review and supplement, as appropriate, the methodologies examined and recommended in the 2019 report of the National Academies of Sciences, Engineering, and Medicine titled “Approaches for Determining and Complying with TMDL Requirements Related to Roadway Stormwater Runoff”;

(B) consult with—

(i) the Secretary of Transportation;

(ii) the Secretary of Agriculture;

(iii) the Administrator;

(iv) the Secretary of the Army, acting through the Chief of Engineers; and

(v) State departments of Transportation; and

(i) stakeholders with experience in implementing stormwater management practices for projects; and

(ii) educational and technical stormwater management groups.

(3) REPORT.—In carrying out the agreement entered into pursuant to paragraph (1), not later than 18 months after the date of enactment of this Act, the Transportation Research Board shall submit to the Secretary of Transportation, the Administrator, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Environment and Public Works of the Senate a report describing the results of the study.

(b) Stormwater best management practices reports.—

(1) REISSUANCE.—Not later than 180 days after the date of enactment of this Act, the Administrator shall update and reissue the best management practices reports to reflect new information and advancements in stormwater management.

(2) UPDATES.—Not less frequently than once every 5 years after the date on which the Secretary reissues the best management practices reports under paragraph (1), the Secretary shall update and reissue the best management practices reports, unless the contents of the best management practices reports have been incorporated (including by reference) into applicable regulations of the Secretary.

(1) ADMINISTRATOR.—The term “Administrator” means the Administrator of the Environmental Protection Agency.

(2) BEST MANAGEMENT PRACTICES REPORTS.—The term “best management practices reports” means—

(A) the 2014 report sponsored by the Department of Transportation titled “Determining the State of the Practice in Data Collection and Performance Measurement of Stormwater Best Management Practices” (FHWA–HEP–16–021); and

(B) the 2000 report sponsored by the Department of Transportation titled “Stormwater Best Management Practices in an Ultra-Urban Setting: Selection and Monitoring”.

(3) TOTAL MAXIMUM DAILY LOAD.—The term “total maximum daily load” has the meaning given such term in section 130.2 of title 40, Code of Federal Regulations (or successor regulations).

SEC. 1605. Pedestrian facilities in the public right-of-way.

(a) In general.—Not later than 180 days after the date of enactment of this Act, the Architectural and Transportation Barriers Compliance Board under the authority of section 502(b)(3) of the Rehabilitation Act of 1973 (29 U.S.C. 792(b)(3)), shall publish final accessibility guidelines setting forth minimum standards for pedestrian facilities in the public right-of-way, including shared use paths.

(b) Adoption of regulations.—Not later than 180 days after the establishment of the guidelines pursuant to subsection (a), the Secretary shall issue such regulations as are necessary to adopt such guidelines.

SEC. 1606. Highway formula modernization report.

(a) Highway formula modernization study.—

(1) IN GENERAL.—The Secretary of Transportation, in consultation with the State departments of transportation and representatives of local governments (including metropolitan planning organizations), shall conduct a highway formula modernization study to assess the method and data used to apportion Federal-aid highway funds under subsections (b) and (c) of section 104 of title 23, United States Code, and issue recommendations on such method and data.

(2) ASSESSMENT.—The highway formula modernization study required under paragraph (1) shall include an assessment of, based on the latest available data, whether the apportionment method under such section results in—

(A) an equitable distribution of funds based on the estimated tax payments attributable to—

(i) highway users in the State that are paid into the Highway Trust Fund; and

(ii) individuals in the State that are paid to the Treasury, based on contributions to the Highway Trust Fund from the general fund of the Treasury; and

(B) the achievement of the goals described in section 101(b)(3) of title 23, United States Code.

(3) CONSIDERATIONS.—In carrying out the assessment under paragraph (2), the Secretary shall consider the following:

(A) The factors described in sections 104(b), 104(f)(2), 104(h)(2), 130(f), and 144(e) of title 23, United States Code, as in effect on the date of enactment of SAFETEA–LU (Public Law 109–59).

(B) The availability and accuracy of data necessary to calculate formula apportionments under the factors described in subparagraph (A).

(C) The measures established under section 150 of title 23, United States Code, and whether such measures are appropriate for consideration as formula apportionment factors.

(D) The results of the CMAQ formula modernization study required under subsection (b).

(E) Inclusion of the Commonwealth of Puerto Rico in the apportionment under subsections (b) and (c) of section 104 of such title, including an estimate of the anticipated contributions to the Highway Trust Fund from the citizens of Puerto Rico if Puerto Rico was subject to applicable highway user fees.

(F) A needs-based assessment of the share of Federal-aid highway funds that should be made available to the territories described under section 165(c) of such title.

(G) Any other factors that the Secretary determines are appropriate.

(4) RECOMMENDATIONS.—The Secretary shall, in consultation with the State departments of transportation and representatives of local governments (including metropolitan planning organizations), develop recommendations on a new apportionment method, including—

(A) the factors recommended to be included in such apportionment method;

(B) the weighting recommended to be applied to the factors under subparagraph (A); and

(C) any other recommendations to ensure that the apportionment method best achieves an equitable distribution of funds described under paragraph (2)(A) and the goals described in paragraph (2)(B).

(b) CMAQ formula modernization study.—

(1) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation, in consultation with the Administrator of the Environmental Protection Agency, shall conduct an CMAQ formula modernization study to assess whether the apportionment method under section 104(b)(4) of title 23, United States Code, results in a distribution of funds that best achieves the air quality goals of section 149 of such title.

(2) CONSIDERATIONS.—In providing consultation under this subsection, the Administrator of the Environmental Protection Agency shall provide to the Secretary an analysis of—

(A) factors that contribute to the apportionment, including population, types of pollutants, and severity of pollutants, as such factors were determined on the date prior to the date of enactment of MAP–21;

(B) the weighting of the factors listed under subparagraph (A); and

(3) RECOMMENDATIONS.—If, in conducting the study under this subsection, the Secretary finds that modifying the apportionment method under section 104(b)(4) of title 23, United States Code, would best achieve the air quality goals of section 149 of title 23, United States Code, the Secretary shall, in consultation with the Administrator, include in such study recommendations for a new apportionment method, including—

(A) the factors recommended to be included in such apportionment method;

(B) the weighting recommended to be applied to the factors under subparagraph (A); and

(C) any other recommendations to ensure that the apportionment method best achieves the air quality goals section 149 of such title.

(c) Report.—No later than 2 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report containing the results of the highway formula modernization study and the CMAQ formula modernization study.

SEC. 1607. Consolidation of programs.

Section 1519 of MAP–21 (Public Law 112–141) is amended—

(1) in subsection (a)—

(A) by striking “fiscal years 2016 through 2020” and inserting “fiscal years 2023 through 2026”; and

(B) by striking “$3,500,000” and inserting “$4,000,000”;

(2) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and

(3) by inserting after subsection (a) the following:

“(b) Federal share.—The Federal share of the cost of a project or activity carried out under subsection (a) shall be 100 percent.”.

SEC. 1608. Student outreach report to Congress.

(a) Report.—Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that describes the efforts of the Department of Transportation to encourage elementary, secondary, and post-secondary students to pursue careers in the surface transportation sector.

(b) Contents.—The report required under subsection (a) shall include—

(1) a description of efforts to increase awareness of careers related to surface transportation among elementary, secondary, and post-secondary students;

(2) a description of efforts to prepare and inspire such students for surface transportation careers;

(3) a description of efforts to support the development of a diverse, well-qualified workforce for future surface transportation needs; and

(4) the effectiveness of the efforts described in paragraphs (1) through (3).

SEC. 1609. Task force on developing a 21st century surface transportation workforce.

(a) In general.—Not later than 90 days after the date of enactment of this Act, the Secretary of Transportation shall establish a task force on developing a 21st century surface transportation workforce (in this section referred to as the “Task Force”).

(b) Duties.—Not later than 12 months after the establishment of the Task Force under subsection (a), the Task Force shall develop and submit to the Secretary recommendations and strategies for the Department of Transportation to—

(1) evaluate the current and future state of the surface transportation workforce, including projected job needs in the surface transportation sector;

(2) identify factors influencing individuals pursuing careers in surface transportation, including barriers to attracting individuals into the workforce;

(3) address barriers to retaining individuals in surface transportation careers;

(4) identify and address potential impacts of emerging technologies on the surface transportation workforce;

(5) increase access for vulnerable or underrepresented populations, especially women and minorities, to high-skill, in-demand surface transportation careers;

(6) facilitate and encourage elementary, secondary, and post-secondary students in the United States to pursue careers in the surface transportation sector; and

(7) identify and develop pathways for students and individuals to secure pre-apprenticeships, registered apprenticeships, and other work-based learning opportunities in the surface transportation sector of the United States.

(1) identify factors that influence whether young people pursue careers in surface transportation, especially traditionally underrepresented populations, including women and minorities;

(2) consider how the Department, businesses, industry, labor, educators, and other stakeholders can coordinate efforts to support qualified individuals in pursuing careers in the surface transportation sector;

(3) identify methods of enhancing surface transportation pre-apprenticeships and registered apprenticeships, job skills training, mentorship, education, and outreach programs that are exclusive to youth in the United States; and

(4) identify potential sources of funding, including grants and scholarships, that may be used to support youth and other qualified individuals in pursuing careers in the surface transportation sector.

(d) Consultation.—In developing the recommendations and strategies required under subsection (b), the Task Force may consult with—

(1) local educational agencies and institutes of higher education, including community colleges and vocational schools; and

(2) State workforce development boards.

(e) Report.—Not later than 60 days after the submission of the recommendations and strategies under subsection (b), the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report containing such recommendations and strategies.

(f) Composition of task force.—The Secretary shall appoint members to the Task Force whose diverse background and expertise allow such members to contribute balanced points of view and ideas in carrying out this section, comprised of equal representation from each of the following:

(1) Industries in the surface transportation sector.

(2) Surface transportation sector labor organizations.

(3) Such other surface transportation stakeholders and experts as the Secretary considers appropriate.

(g) Period of appointment.—Members shall be appointed to the Task Force for the duration of the existence of the Task Force.

(h) Compensation.—Task Force members shall serve without compensation.

(i) Sunset.—The Task Force shall terminate upon the submission of the report required under subsection (e).

(j) Definitions.—In this section:

(1) PRE-APPRENTICESHIP.—The term “pre-apprenticeship” means a training model or program that prepares individuals for acceptance into a registered apprenticeship and has a demonstrated partnership with one or more registered apprenticeships.

(2) REGISTERED APPRENTICESHIP.—The term “registered apprenticeship” means an apprenticeship program registered under the Act of August 16, 1937 (29 U.S.C. 50 et seq.; commonly known as the “National Apprenticeship Act”), that satisfies the requirements of parts 29 and 30 of title 29, Code of Federal Regulations (as in effect on January 1, 2020).

SEC. 1610. On-the-job training and supportive services.

Section 140(b) of title 23, United States Code, is amended to read as follows:

“(b) Workforce training and development.—

“(1) IN GENERAL.—The Secretary, in cooperation with the Secretary of Labor and any other department or agency of the Government, State agency, authority, association, institution, Indian Tribe or Tribal organization, corporation (profit or nonprofit), or any other organization or person, is authorized to develop, conduct, and administer surface transportation and technology training, including skill improvement programs, and to develop and fund summer transportation institutes.

“(2) STATE RESPONSIBILITIES.—A State department of transportation participating in the program under this subsection shall—

“(A) develop an annual workforce plan that identifies immediate and anticipated workforce gaps and underrepresentation of women and minorities and a detailed plan to fill such gaps and address such underrepresentation;

“(B) establish an annual workforce development compact with the State workforce development board and appropriate agencies to provide a coordinated approach to workforce training, job placement, and identification of training and skill development program needs, which shall be coordinated to the extent practical with an institution or agency, such as a State workforce development board under section 101 of the Workforce Innovation and Opportunities Act (29 U.S.C. 3111), that has established skills training, recruitment, and placement resources; and

“(C) demonstrate program outcomes, including—

“(i) impact on areas with transportation workforce shortages;

“(ii) diversity of training participants;

“(iii) number and percentage of participants obtaining certifications or credentials required for specific types of employment;

“(iv) employment outcome, including job placement and job retention rates and earnings, using performance metrics established in consultation with the Secretary of Labor and consistent with metrics used by programs under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.); and

“(v) to the extent practical, evidence that the program did not preclude workers that participate in training or registered apprenticeship activities under the program from being referred to, or hired on, projects funded under this chapter.

“(3) FUNDING.—From administrative funds made available under section 104(a), the Secretary shall deduct such sums as necessary, not to exceed $10,000,000 in each fiscal year, for the administration of this subsection. Such sums shall remain available until expended.

“(4) NONAPPLICABILITY OF TITLE 41.—Subsections (b) through (d) of section 6101 of title 41 shall not apply to contracts and agreements made under the authority granted to the Secretary under this subsection.

“(5) USE OF SURFACE TRANSPORTATION PROGRAM AND NATIONAL HIGHWAY PERFORMANCE PROGRAM FUNDS.—Notwithstanding any other provision of law, not to exceed ½ of 1 percent of funds apportioned to a State under paragraph (1) or (2) of section 104(b) may be available to carry out this subsection upon request of the State transportation department to the Secretary.”.

SEC. 1611. Appalachian development highway system funding flexibility.

(a) In general.—Any funds made available to a State for the Appalachian development highway system program under subtitle IV of title 40, United States Code, before the date of enactment of this Act may be used, at the request of such State to the Secretary of Transportation, for the purposes described in section 133(b) of title 23, United States Code.

(b) Limitation.—The authority in subsection (a) may only be used by an Appalachian development highway system State if all of the Appalachian development highway system corridors authorized by subtitle IV of title 40, United States Code, in such State, have been fully completed and are open to traffic prior to the State making a request to the Secretary as described in subsection (a).

SEC. 1612. Transportation education development program.

Section 504 of title 23, United States Code, is amended—

(1) in subsection (e)(1) by inserting “and (8) through (9)” after “paragraphs (1) through (4)”; and

(2) in subsection (f) by adding at the end the following:

“(4) REPORTS.—The Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate an annual report that includes—

“(A) a list of all grant recipients under this subsection;

“(B) an explanation of why each recipient was chosen in accordance with the criteria under paragraph (2);

“(C) a summary of each recipient’s objective to carry out the purpose described in paragraph (1) and an analysis of progress made toward achieving each such objective;

“(D) an accounting for the use of Federal funds obligated or expended in carrying out this subsection; and

“(E) an analysis of outcomes of the program under this subsection.”.

SEC. 1613. Working group on construction resources.

(a) Establishment.—Not later than 120 days after the date of enactment of this Act, the Secretary of Transportation shall establish a working group (in this section referred to as the “Working Group”) to conduct a study on access to covered resources for infrastructure projects.

(b) Membership.—

(1) APPOINTMENT.—The Secretary shall appoint to the Working Group individuals with knowledge and expertise in the production and transportation of covered resources.

(2) REPRESENTATION.—The Working Group shall include at least one representative of each of the following:

(A) State departments of transportation.

(B) State agencies associated with covered resources protection.

(D) Commercial motor vehicle operators, including small business operators and operators who transport covered resources.

(E) Covered resources producers.

(F) Construction contractors.

(G) Labor organizations.

(H) Metropolitan planning organizations and regional planning organizations.

(I) Indian Tribes.

(J) Professional surveying, mapping, and geospatial organizations.

(K) Any other stakeholders that the Secretary determines appropriate.

(3) TERMINATION.—The Working Group shall terminate 6 months after the date on which the Secretary receives the report under subsection (e)(1).

(1) the use of covered resources in transportation projects funded with Federal dollars;

(2) how the proximity of covered resources to such projects affects the cost and environmental impact of such projects;

(3) whether and how State, Tribal, and local transportation and planning agencies consider covered resources when developing transportation projects; and

(4) any challenges for transportation project sponsors regarding access and proximity to covered resources.

(d) Consultation.—In carrying out the study required under subsection (a), the Working Group shall consult with, as appropriate—

(1) chief executive officers of States;

(2) State and local transportation planning agencies;

(3) Indian Tribes;

(4) other relevant State, Tribal, and local agencies, including State agencies associated with covered resources protection;

(5) members of the public with industry experience with respect to covered resources;

(6) other Federal entities that provide funding for transportation projects; and

(7) any other stakeholder the Working Group determines appropriate.

(e) Reports.—

(1) WORKING GROUP REPORT.—Not later than 2 years after the date on which the Working Group is established, the Working Group shall submit to the Secretary a report that includes—

(A) the findings of the study required under subsection (a), including a summary of comments received during the consultation process under subsection (d); and

(B) any recommendations to preserve access to and reduce the costs and environmental impacts of covered resources for infrastructure projects.

(2) DEPARTMENTAL REPORT.—Not later than 3 months after the date on which the Secretary receives the report under paragraph (1), the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a summary of the findings under such report and any recommendations, as appropriate.

(f) Definitions.—In this section:

(1) COVERED RESOURCES.—The term “covered resources” means common variety materials used in transportation infrastructure construction and maintenance, including stone, sand, and gravel.

(2) STATE.—The term “State” means each of the several States, the District of Columbia, and each territory or possession of the United States.

SEC. 1614. Numbering system of highway interchanges.

(a) In general.—Notwithstanding section 315 of title 23, United States Code, and section 1.36 of title 23, Code of Federal Regulations, the Secretary of Transportation may not impose a penalty on a State that does not comply with section 2E.31 of the Manual on Uniform Traffic Control Devices (or a successor section) with respect to the numbering of highway interchanges.

(b) Applicability.—Subsection (a) shall only apply to a method of numbering of a highway interchange in effect on the date of enactment of this Act.

SEC. 1615. Toll credits.

(a) Purposes.—The Secretary of Transportation shall—

(1) identify the extent of the demand to purchase toll credits;

(2) identify the expected cash price of toll credits;

(3) analyze the impact of the exchange of toll credits on transportation expenditures; and

(4) identify any other repercussions of establishing a toll credit exchange.

(b) Solicitation.—To carry out the requirements of this section, the Secretary shall solicit information from States eligible to use a credit under section 120(i) of title 23, United States Code, including—

(1) the amount of unused toll credits, including—

(A) toll revenue generated and the sources of that revenue;

(B) toll revenue used by public, quasi-public, and private agencies to build, improve, or maintain highways, bridges, or tunnels that serve the public purpose of interstate commerce; and

(C) an accounting of any Federal funds used by the public, quasi-public, or private agency to build, improve, or maintain the toll facility, to validate that the credit has been reduced by a percentage equal to the percentage of the total cost of building, improving, or maintaining the facility that was derived from Federal funds;

(2) the documentation of maintenance of effort for toll credits earned by the State; and

(3) the accuracy of the accounting system of the State to earn and track toll credits.

(c) Website.—The Secretary shall make available a publicly accessible website on which a State eligible to use a credit under section 120(i) of title 23, United States Code shall publish the information described under subsection (b)(1).

(d) Evaluation and recommendations to congress.—Not later than 2 years after the date of enactment of this Act, the Secretary shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate, and make publicly available on the website of the Department of Transportation—

(1) an evaluation of the accuracy of the accounting and documentation of toll credits earned under section 120(i);

(2) a determination whether a toll credit marketplace is viable and cost effective;

(3) estimates, to the extent possible, of the average sale price of toll credits; and

(4) recommendations on any modifications necessary, including legislative changes, to establish and implement a toll credit exchange program.

(e) Definition.—In this section, the term “State” has the meaning given the term in section 101(a) of title 23, United States Code.

SEC. 1616. Transportation construction materials procurement.

(a) Establishment.—Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall initiate a review of the procurement processes used by State departments of transportation to select construction materials on projects utilizing Federal-aid highway funds.

(b) Contents.—The review under subsection (a) shall include—

(1) a review of competitive practices in the bidding process for transportation construction materials;

(2) a list of States that currently issue bids that include flexibility in the type of construction materials used to meet the project specifications;

(3) any information provided by States on considerations that influence the decision to include competition by type of material in transportation construction projects;

(4) any data on whether issuing bids that include flexibility in the type of construction materials used to meet the project specifications will affect project costs over the lifecycle of an asset;

(5) any data on the degree to which competition leads to greater use of sustainable, innovative, or resilient materials; and

(6) an evaluation of any barriers to more widespread use of competitive bidding processes for transportation construction materials.

(c) Report.—Not later than 18 months after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate, and make publicly available, a report on the review initiated by the Secretary pursuant to this section.

SEC. 1617. Nationwide road safety assessment.

(a) In general.—The Secretary of Transportation shall, every 2 years, conduct nationwide, on-the-ground road safety assessments focused on pedestrian and bicycle safety in each State.

(b) Requirements.—The assessments required under subsection (a) shall be conducted—

(1) by Department of Transportation field offices from the Federal Highway Administration, the National Highway Transportation Safety Administration, the Federal Transit Administration, and the Federal Motor Carrier Safety Administration; and

(2) in consultation with—

(A) State and local agencies with jurisdiction over pedestrian and bicycle safety;

(B) pedestrian safety and bicycle safety advocacy organizations; and

(1) identify and examine specific locations with documented or perceived problems with pedestrian and bicycle safety and access;

(2) examine barriers to providing safe pedestrian and bicycle access to transportation infrastructure; and

(3) develop and issue recommendations designed to effectively address specific safety and access issues and enhance pedestrian and bicycle safety in high risk areas.

(d) Report on State assessments.—Upon completion of the assessment of a State, the Secretary shall issue, and make available to the public, a report containing the assessment that includes—

(1) a list of locations that have been assessed as presenting a danger to pedestrians or bicyclists; and

(2) recommendations to enhance pedestrian and bicycle safety in those locations.

(e) Report on nationwide program.—Upon completion of the biannual assessment nationwide required under this section, the Secretary shall issue, and make available to the public, that covers assessments for all jurisdictions and also present it to the congressional transportation committees.

(f) National pedestrian and bicycle safety database.—The Secretary, in order to enhance pedestrian and bicycle safety and improve information sharing on pedestrian and bicycle safety challenges between the Federal Government and State and local governments, shall maintain a national pedestrian and bicycle safety database that includes—

(1) a list of high-risk intersections, roads, and highways with a documented history of pedestrian or bicycle accidents or fatalities and details regarding those incidents; and

(2) information on corrective measures that have been implemented at the State, local, or Federal level to enhance pedestrian and bicyclist safety at those high risk areas, including details on the nature and date of corrective action.

(g) State defined.—In this section, the term “State” means each of the States, the District of Columbia, and Puerto Rico.

SEC. 1618. Climate resilient transportation infrastructure study.

(a) Climate resilient transportation infrastructure study.—Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall seek to enter into an agreement with the Transportation Research Board of the National Academies to conduct a study of the actions needed to ensure that Federal agencies are taking into account current and future climate conditions in planning, designing, building, operating, maintaining, investing in, and upgrading any federally funded transportation infrastructure investments.

(b) Methodologies.—In conducting the study, the Transportation Research Board shall build on the methodologies examined and recommended in—

(1) the 2018 report issued the American Society of Civil Engineers, titled “Climate-Resilient Infrastructure: Adaptive Design and Risk Management”; and

(2) the report issued by the California Climate-Safe Infrastructure Working Group, titled “Paying it Forward: The Path Toward Climate-Safe Infrastructure in California”.

(1) Integrating scientific knowledge of projected climate change impacts, and other relevant data and information, into Federal infrastructure planning, design, engineering, construction, operation and maintenance.

(2) Addressing critical information gaps and challenges.

(3) Financing options to help fund climate-resilient infrastructure.

(4) A platform or process to facilitate communication between climate scientists and other experts with infrastructure planners, engineers and other relevant experts.

(5) A stakeholder process to engage with representatives of State, local, tribal and community groups.

(6) A platform for tracking Federal funding of climate-resilient infrastructure.

(7) Labor and workforce needs to implement climate-resilient transportation infrastructure projects including new and emerging skills, training programs, competencies and recognized postsecondary credentials that may be required to adequately equip the workforce.

(8) Outlining how Federal infrastructure planning, design, engineering, construction, operation, and maintenance impact the environment and public health of disproportionately exposed communities. For purposes of this paragraph, the term “disproportionately exposed communities” means a community in which climate change, pollution, or environmental destruction have exacerbated systemic racial, regional, social, environmental, and economic injustices by disproportionately affecting indigenous peoples, communities of color, migrant communities, deindustrialized communities, depopulated rural communities, the poor, low-income workers, women, the elderly, people experiencing homelessness, people with disabilities, people who are incarcerated, or youth.

(d) Considerations.—In carrying out the study, the Transportation Research Board shall determine the need for information related to climate resilient transportation infrastructure by considering—

(1) the current informational and institutional barriers to integrating projected infrastructure risks posed by climate change into federal infrastructure planning, design, engineering, construction, operation and maintenance;

(2) the critical information needed by engineers, planners and those charged with infrastructure upgrades and maintenance to better incorporate climate change risks and impacts over the lifetime of projects;

(3) how to select an appropriate, adaptive engineering design for a range of future climate scenarios as related to infrastructure planning and investment;

(4) how to incentivize and incorporate systems thinking into engineering design to maximize the benefits of multiple natural functions and emissions reduction, as well as regional planning;

(5) how to take account of the risks of cascading infrastructure failures and develop more holistic approaches to evaluating and mitigating climate risks;

(6) how to ensure that investments in infrastructure resilience benefit all communities, including communities of color, low-income communities and Indian Tribes that face a disproportionate risk from climate change and in many cases have experienced long-standing unmet needs and underinvestment in critical infrastructure;

(7) how to incorporate capital assessment and planning training and techniques, including a range of financing options to help local and State governments plan for and provide matching funds;

(8) how federal agencies can track and monitor federally funded resilient infrastructure in a coordinated fashion to help build the understanding of the cost-benefit of resilient infrastructure and to build the capacity for implementing resilient infrastructure; and

(9) the occupations, skillsets, training programs, competencies and recognized postsecondary credentials that will be needed to implement such climate-resilient transportation infrastructure projects, and how to ensure that any new jobs created by such projects ensure that priority hiring considerations are given to individuals facing barriers to employment, communities of color, low-income communities and Indian Tribes that face a disproportionate risk from climate change and have been excluded from job opportunities.

(e) Consultation.—In carrying out the study, the Transportation Research Board—

(1) shall convene and consult with a panel of national experts, including operators and users of Federal transportation infrastructure and private sector stakeholders; and

(2) is encouraged to consult with—

(A) representatives from the thirteen federal agencies that comprise the United States Global Change Research Program;

(B) representatives from the Department of the Treasury;

(D) scientists from the National Academies with relevant expertise;

(E) scientists, social scientists and experts from academic and research institutions who have expertise in climate change projections and impacts; engineering; architecture; or other relevant areas of expertise;

(F) licensed architects with relevant experience in infrastructure design;

(G) certified planners;

(H) representatives of State and local governments and Indian Tribes;

(I) representatives of environmental justice groups; and

(J) representatives of labor unions that represent key trades and industries involved in infrastructure projects.

(f) Report.—Not later than 3 years after the date of enactment of this Act, the Transportation Research Board shall submit to the Secretary, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Environment and Public Works of the Senate a report on the results of the study conducted under this section.

SEC. 1619. Natural gas, electric battery, and zero emission vehicles.

Subsection (s) of section 127 of title 23, United States Code is amended to read as follows:

“(s) Natural gas, electric battery, and zero emission vehicles.—A vehicle, if operated by an engine fueled primarily by natural gas, powered primarily by means of electric battery power, or fueled primarily by means of other zero emission fuel technologies, may exceed the weight limit on the power unit by up to 2,000 pounds (up to a maximum gross vehicle weight of 82,000 pounds) under this section.”.

SEC. 1620. Guidance on evacuation routes.

(a) In general.—

(1) GUIDANCE.—The Administrator of the Federal Highway Administration, in coordination with the Administrator of the Federal Emergency Management Agency, and consistent with guidance issued by the Federal Emergency Management Agency pursuant to section 1209 of the Disaster Recovery Reform Act of 2018 (Public Law 115–254), shall revise existing guidance or issue new guidance as appropriate for State and local governments and Indian Tribes regarding the design, construction, maintenance, retrofit, and repair of evacuation routes.

(2) CONSIDERATIONS.—In revising or issuing guidance under subsection (a)(1), the Administrator of the Federal Highway Administration shall consider—

(A) methods that assist evacuation routes to—

(i) withstand the effects of hydrostatic and hydrodynamic forces on viability, including recommendations regarding appropriate drainage structures or other flood prevention mechanisms to manage stormwater, runoff, and the effect of storm surge;

(ii) withstand the risks that flammability poses to viability;

(iii) improve durability, strength (including the ability to withstand tensile stresses and compressive stresses), and sustainability; and

(iv) provide for long-term cost savings;

(B) the ability of evacuation routes to effectively manage contraflow operations;

(C) for evacuation routes on public lands, the viewpoints of the applicable Federal land management agency regarding emergency operations, sustainability, and resource protection; and

(D) such other items the Administrator of the Federal Highway Administration considers appropriate.

(3) REPORT.—In the case in which the Administrator of the Federal Highway Administration, in consultation with the Administrator of the Federal Emergency Management Agency, concludes existing guidance addresses the considerations in paragraph (2), The Administrator of the Federal Highway Administration shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a detailed report describing how existing guidance addresses such considerations.

(b) Study.—

(1) IN GENERAL.—The Administrator of the Federal Highway Administration, in coordination with the Administrator of the Federal Emergency Management Agency, shall study the vulnerability of evacuation routes that are part of the national highway system to the risks of extreme weather, including flooding and storm surge.

(2) CONTENTS.—In conducting the study under paragraph (1), the Administrator shall examine—

(A) the likelihood of Federal evacuation routes flooding during a 100-year, 500-year, and 1000-year weather event;

(B) whether Federal evacuation routes that have historically flooded have recovered quickly from extreme weather events;

(C) the availability of alternative evacuation routes to accommodate the flow of evacuees in the event of an evacuation route becoming impassable due to flooding; and

(D) the impact of impassable evacuation routes on vulnerable individuals, with consideration of the return of evacuees after an extreme weather event, including—

(i) individuals with a physical or mental disability;

(ii) individuals in schools, daycare centers, mobile home parks, prisons, nursing homes, and other long-term care facilities and detention centers;

(iii) individuals with limited proficiency in English;

(iv) the elderly; and

(v) individuals who are tourists, seasonal workers, or homeless.

(3) REPORT.—Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report summarizing the study and the results of such study, including identifying which segments of Federal evacuation routes are most vulnerable to becoming impassable due to flooding.

SEC. 1621. High priority corridors on National Highway System.

(a) Identification.—

(1) CENTRAL TEXAS CORRIDOR.—Section 1105(c)(84) of the Intermodal Surface Transportation Efficiency Act of 1991 is amended to read as follows:

“(84) The Central Texas Corridor, including the route—

“(A) commencing in the vicinity of Texas Highway 338 in Odessa, Texas, running eastward generally following Interstate Route 20, connecting to Texas Highway 158 in the vicinity of Midland, Texas, then following Texas Highway 158 eastward to United States Route 87 and then following United States Route 87 southeastward, passing in the vicinity of San Angelo, Texas, and connecting to United States Route 190 in the vicinity of Brady, Texas;

“(B) commencing at the intersection of Interstate Route 10 and United States Route 190 in Pecos County, Texas, and following United States Route 190 to Brady, Texas;

“(C) following portions of United States Route 190 eastward, passing in the vicinity of Fort Hood, Killeen, Belton, Temple, Bryan, College Station, Huntsville, Livingston, Woodville, and Jasper, to the logical terminus of Texas Highway 63 at the Sabine River Bridge at Burrs Crossing and including a loop generally encircling Bryan/College Station, Texas;

“(D) following United States Route 83 southward from the vicinity of Eden, Texas, to a logical connection to Interstate Route 10 at Junction, Texas;

“(E) following United States Route 69 from Interstate Route 10 in Beaumont, Texas, north to United States Route 190 in the vicinity of Woodville, Texas;

“(F) following United States Route 96 from Interstate Route 10 in Beaumont, Texas, north to United States Route 190 in the vicinity of Jasper, Texas; and

“(G) following United States Route 190, State Highway 305, and United States Route 385 from Interstate Route 10 in Pecos County, Texas to Interstate 20 at Odessa, Texas.”.

(2) CENTRAL LOUISIANA CORRIDOR.—Section 1105(c) of the Intermodal Surface Transportation Efficiency Act of 1991 is amended by adding at the end the following:

“(91) The Central Louisiana Corridor commencing at the logical terminus of Louisiana Highway 8 at the Sabine River Bridge at Burrs Crossing and generally following portions of Louisiana Highway 8 to Leesville, Louisiana, and then eastward on Louisiana Highway 28, passing in the vicinity of Alexandria, Pineville, Walters, and Archie, to the logical terminus of United States Route 84 at the Mississippi River Bridge at Vidalia, Louisiana.”.

(3) CENTRAL MISSISSIPPI CORRIDOR.—Section 1105(c) of the Intermodal Surface Transportation Efficiency Act of 1991, as amended by this Act, is further amended by adding at the end the following:

“(92) The Central Mississippi Corridor, including the route—

“(A) commencing at the logical terminus of United States Route 84 at the Mississippi River and then generally following portions of United States Route 84 passing in the vicinity of Natchez, Brookhaven, Monticello, Prentiss, and Collins, to Interstate 59 in the vicinity of Laurel, Mississippi, and continuing on Interstate Route 59 north to Interstate Route 20 and on Interstate Route 20 to the Mississippi-Alabama State Border; and

“(B) commencing in the vicinity of Laurel, Mississippi, running south on Interstate Route 59 to United States Route 98 in the vicinity of Hattiesburg, connecting to United States Route 49 south then following United States Route 49 south to Interstate Route 10 in the vicinity of Gulfport and following Mississippi Route 601 southerly terminating near the Mississippi State Port at Gulfport.”.

(4) MIDDLE ALABAMA CORRIDOR.—Section 1105(c) of the Intermodal Surface Transportation Efficiency Act of 1991, as amended by this Act, is further amended by adding at the end the following:

“(93) The Middle Alabama Corridor including the route—

“(A) beginning at the Alabama-Mississippi Border generally following portions of I–20 until following a new interstate extension paralleling United States Highway 80 specifically:

“(B) crossing Alabama Route 28 near Coatopa, Alabama, traveling eastward crossing United States Highway 43 and Alabama Route 69 near Selma, Alabama, traveling eastwards closely paralleling United States Highway 80 to the south crossing over Alabama Routes 22, 41, and 21, until its intersection with I–65 near Hope Hull, Alabama;

“(C) continuing east along the proposed Montgomery Outer Loop south of Montgomery, Alabama where it would next join with I–85 east of Montgomery, Alabama;

“(D) continuing along I–85 east bound until its intersection with United States Highway 280 near Opelika, Alabama or United States Highway 80 near Tuskegee, Alabama; and

“(E) generally following the most expedient route until intersecting with existing United States Highway 80 (JR Allen Parkway) through Phenix City until continuing into Columbus, Georgia.”.

(5) MIDDLE GEORGIA CORRIDOR.—Section 1105(c) of the Intermodal Surface Transportation Efficiency Act of 1991, as amended by this Act, is further amended by adding at the end the following:

“(94) The Middle Georgia Corridor including the route—

“(A) beginning at the Alabama-Georgia Border generally following the Fall Line Freeway from Columbus Georgia to Augusta, Georgia specifically:

“(B) travelling along United States Route 80 (JR Allen Parkway) through Columbus, Georgia and near Fort Benning, Georgia, east to Talbot County, Georgia where it would follow Georgia Route 96, then commencing on Georgia Route 49C (Fort Valley Bypass) to Georgia Route 49 (Peach Parkway) to its intersection with Interstate route 75 in Byron, Georgia;

“(C) continuing north along Interstate Route 75 through Warner Robins and Macon, Georgia where it would meet Interstate Route 16. Following Interstate 16 east it would next join United States Route 80 and then onto State Route 57; and

“(D) commencing with State Route 57 which turns into State Route 24 near Milledgeville, Georgia would then bypass Wrens, Georgia with a newly constructed bypass. After the bypass it would join United States Route 1 near Fort Gordon into Augusta, Georgia where it will terminate at Interstate Route 520.”.

(6) LOUISIANA CAPITAL REGION.—Section 1105(c) of the Intermodal Surface Transportation Efficiency Act of 1991, as amended by this Act, is further amended by adding at the end the following:

“(95) The Louisiana Capital Region High Priority Corridor, which shall generally follow—

“(A) Interstate 10, between its intersections with Interstate 12 and Louisiana Highway 415;

“(B) Louisiana Highway 415, between its intersections with Interstate 10 and United States route 190;

“(C) United States route 190, between its intersections with Louisiana Highway 415 and intersection with Interstate 110;

“(D) Interstate 110, between its intersections with United States route 190 and Interstate 10;

“(E) Louisiana Highway 30, near St. Gabriel, LA and its intersections with Interstate 10;

“(F) Louisiana Highway 1, near White Castle, LA and its intersection with Interstate 10; and

“(G) A bridge connecting Louisiana Highway 1 with Louisiana Highway 30, south of the Interstate described in subparagraph (A).”.

(b) Inclusion of certain segments on interstate system.—Section 1105(e)(5)(A) of the Intermodal Surface Transportation Efficiency Act of 1991 is amended—

(1) by inserting “subclauses (I) through (IX) of subsection (c)(38)(A)(i), subsection (c)(38)(A)(iv),” after “subsection (c)(37),”;

(2) by inserting “subsection (c)(84),” after “subsection (c)(83),”; and

(3) by striking “and subsection (c)(91)” and inserting “subsection (c)(91), subsection (c)(92), subsection (c)(93), subsection (c)(94), subsection (c)(95), and subsection (c)(96)”.

(c) Designation.—Section 1105(e)(5)(C) of the Intermodal Surface Transportation Efficiency Act of 1991 is amended by striking “The route referred to in subsection (c)(84) is designated as Interstate Route I–14.” and inserting “The route referred to in subsection (c)(84)(A) is designated as Interstate Route I–14 North. The route referred to in subsection (c)(84)(B) is designated as Interstate Route I–14 South. The Bryan/College Station, Texas loop referred to in subsection (c)(84) is designated as Interstate Route I–214. The routes referred to in subparagraphs (C), (D), (E), (F), and (G) of subsection (c)(84) and in subsections (c)(91), (c)(92), (c)(93), and (c)(94) are designated as Interstate Route I–14.”.

SEC. 1622. Guidance on inundated and submerged roads.

(a) Guidance.—The Administrator of the Federal Highway Administration, in coordination with the Administrator of the Federal Emergency Management Agency, shall review the guidance issued pursuant to section 1228 of the Disaster Recovery Reform Act of 2018 (Public Law 115–254), and revise or issue new guidance regarding repair, restoration, and replacement of inundated and submerged roads damaged or destroyed by a major disaster declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) with respect to roads eligible for assistance under Federal Highway Administration programs.

(b) Considerations.—In revising or issuing new guidance under subsection (a), the Administrator shall consider methods of repair, restoration, and replacement of damaged or destroyed roads that—

(1) improve the ability of a previously inundated or submerged road to withstand the effects of hydrostatic and hydrodynamic forces, including stormwater, runoff, or storm surge; and

(2) provide for long-term cost savings.

SEC. 1623. Dry bulk weight tolerance.

Section 127 of title 23, United States Code, is amended by adding at the end the following:

“(v) Dry bulk weight tolerance.—

“(1) DEFINITION OF DRY BULK GOODS.—In this subsection, the term ‘dry bulk goods’ means any homogeneous unmarked nonliquid cargo being transported in a trailer specifically designed for that purpose.

“(2) WEIGHT TOLERANCE.—Notwithstanding any other provision of this section, except for the maximum gross vehicle weight limitation, a commercial motor vehicle transporting dry bulk goods may not exceed 110 percent of the maximum weight on any axle or axle group described in subsection (a), including any enforcement tolerance.”.

SEC. 1624. Highway use tax evasion projects.

Section 143(b)(2)(A) of title 23, United States Code, is amended by striking “2016 through 2020” and inserting “2023 through 2026”.

SEC. 1625. Labor standards.

It is the policy of the United States that funds authorized or made available by this Act, or the amendments made by this Act, should not be used to purchase products produced whole or in part through the use of 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.

SEC. 1626. Climate resiliency report by GAO.

(a) In general.—Not later than 1 year after the date of enactment of this Act, and every 5 years thereafter, the Comptroller General of the United States shall evaluate and issue a report to Congress on the economic benefits, including avoided impacts on property and life, of the use of model, consensus-based building codes, standards, and provisions that support resilience to climate risks and impacts, including—

(1) flooding;

(2) wildfires;

(3) hurricanes;

(4) heat waves;

(5) droughts;

(6) rises in sea level; and

(7) extreme weather.

(b) Report issues.—The report required under subsection (a) shall include the following:

(1) An assessment of the status of adoption of building codes, standards, and provisions within the States, territories, and tribes at the State or jurisdictional level; including whether the adopted codes meet or exceed the most recent published edition of a national, consensus-based model code.

(2) An analysis of the extent to which pre-disaster mitigation measures provide benefits to the nation and individual States, territories and tribes, including—

(A) an economic analysis of the benefits to the design and construction of new resilient infrastructure;

(B) losses avoided, including economic losses, number of structures (buildings, roads, bridges), and injuries and deaths by utilizing building codes and standards that prioritize resiliency; and

(C) an economic analysis of the benefits to using hazard resistant building codes in rebuilding and repairing infrastructure following a disaster.

(3) An assessment of the building codes and standards referenced or otherwise currently incorporated into Federal policies and programs, including but not limited to grants, incentive programs, technical assistance and design and construction criteria, administered by the Federal Emergency Management Agency (hereinafter referred to as “FEMA”), including—

(A) the extent to which such codes and standards contribute to increasing climate resiliency;

(B) recommendations for how FEMA could improve their use of codes and standards to prepare for climate change and address resiliency in housing, public buildings, and infrastructure such as roads and bridges; and

(C) how FEMA could increase efforts to support the adoption of hazard resistant codes by the States, territories, and Indian Tribes.

(4) Recommendations for FEMA on how to better incorporate climate resiliency into efforts to rebuild after natural disasters.

SEC. 1627. Designation of John R. Lewis Voting Rights Highway.

(a) Designation.—The portion of United States Route 80 from Selma, Alabama to Montgomery, Alabama shall be known as the “John R. Lewis Voting Rights Highway”.

(b) References.—Any reference in a law, map, regulation, document, paper, or other record of the United States to the portion of United States Route 80 from Selma, Alabama to Montgomery, Alabama is deemed to be a reference to the “John R. Lewis Voting Rights Highway”.

SEC. 1628. GAO study on capital needs of public ferries.

(a) In general.—The Comptroller General of the United States shall conduct a study on the capital investment needs of United States public ferries and how Federal funding programs are meeting such needs.

(b) Considerations.—In carrying out the study under subsection (a), the Comptroller General shall examine the feasibility of including United States public ferries in the conditions and performance report of the Department of Transportation.

(c) Report to Congress.—Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit to Congress a report describing the results of the study described in subsection (a), including any recommendations for how to include ferries in the conditions and performance report of the Department of Transportation.

SEC. 1629. Use of modeling and simulation technology.

It is the sense of Congress that the Department of Transportation should utilize, to the fullest and most economically feasible extent practicable, modeling and simulation technology to analyze highway and public transportation projects authorized by this Act and the amendments made by this Act to ensure that these projects—

(1) increase transportation capacity and safety, alleviate congestion, and reduce travel time and environmental impacts; and

(2) are as cost effective as practicable.

SEC. 1630. GAO study on per-mile user fee equity.

(a) Establishment.—Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall carry out a study on the impact of equity issues associated with per-mile user fee funding systems on the surface transportation system.

(b) Contents.—The study under subsection (a) shall include the following with respect to per-mile user fee systems:

(1) The financial, social, and other impacts of per-mile user fee systems on individuals, low-income individuals, and individuals of different races.

(2) The impact that access to alternative modes of transportation, including public transportation, has in carrying out per-mile user fee systems.

(3) The ability to access jobs and services, which may include healthcare facilities, child care, education and workforce training, food sources, banking and other financial institutions, and other retail shopping establishments.

(4) Equity issues for low-income individuals in urban and rural areas.

(5) Any differing impacts on passenger vehicles and commercial vehicles.

(c) Inclusions.—In carrying out the study under subsection (a), the Comptroller General shall include an analysis of the following programs:

(1) The State surface transportation system funding pilot program under section 6020 of the FAST Act; and

(2) The national surface transportation system funding pilot under section 5402 of this Act.

(d) Report.—Not later than 2 years after the date of the enactment after this Act, the Comptroller General shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate, and make publicly available, a report containing the results of the study under subsection (a), including recommendations for how to equitably implement per-mile user fee systems.

(e) Definitions.—

(1) PER-MILE USER FEE.—The term “per-mile user fee” means a revenue mechanism that—

(A) is applied to road users operating motor vehicles on the surface transportation system; and

(B) is based on the number of vehicle miles traveled by an individual road user.

(2) COMMERCIAL VEHICLE.—The term “commercial vehicle” has the meaning given the term commercial motor vehicle in section 31101 of title 49, United States Code.

SEC. 1631. GAO review of equity considerations at State DOTs.

(a) Review required.—Not later than 1 year after the date of enactment of this Act, the Comptroller General shall undertake a review of the extent to which State departments of transportation have in place best practices, standards, and protocols designed to ensure equity considerations in transportation planning, project selection, and project delivery, including considerations of the diverse transportation needs of low-income populations, minority populations, and other diverse populations.

(b) Evaluation.—After the completion of the review under subsection (a), the Comptroller General shall issue and make available on a publicly accessible Website a report detailing—

(1) findings based on the review in subsection (a);

(2) a comprehensive set of recommendations for State departments of transportation to improve equity considerations, which may include model legislation, best practices, or guidance; and

(3) any recommendations to Congress for additional statutory authority needed to support State department of transportation efforts to incorporate equity considerations into transportation planning, project selection, and project delivery.

(c) Report.—After completing the review and evaluation required under subsections (a) and (b), and not later than 2 years after the date of enactment of this Act, the Comptroller General shall make available on a publicly accessible Website, a report that includes—

(1) findings based on the review conducted under subsection (a);

(2) the outcome of the evaluation conducted under subsection (b);

(3) a comprehensive set of recommendations to improve equity considerations in the public transportation industry, including recommendations for statutory changes if applicable; and

(4) the actions that the Secretary of Transportation could take to effectively address the recommendations provided under paragraph (3).

SEC. 1632. Study on effectiveness of suicide prevention nets and barriers for structures other than bridges.

(a) Study.—The Comptroller General of the United States shall conduct a study to identify—

(1) the types of structures, other than bridges, that attract a high number of individuals attempting suicide-by-jumping;

(2) the characteristics that distinguish structures identified under paragraph (1) from similar structures that do not attract a high number of individuals attempting suicide-by-jumping;

(3) the types of nets or barriers that are effective at reducing suicide-by-jumping with respect to the structures identified under paragraph (1);

(4) methods of reducing suicide-by-jumping with respect to the structures identified under paragraph (1) other than nets and barriers;

(5) quantitative measures of the effectiveness of the nets and barriers identified under paragraph (3);

(6) quantitative measures of the effectiveness of the additional methods identified under paragraph (4);

(7) the entities that typically install the nets and barriers identified under paragraph (3); and

(8) the costs of the nets and barriers identified under paragraph (3).

(b) Report.—Not later than 1 year after the date of the enactment of this Act, the Comptroller General shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the study conducted under subsection (a).

SEC. 1633. Transportation planning activities.

The Secretary or Transportation shall take all reasonable efforts to provide assistance for an Olympic or Paralympic event, or a Special Olympics International event, including the following:

(1) Planning activities of States and metropolitan planning organizations and transportation projects relating to an international Olympic or Paralympic event, or a Special Olympics International event, under sections 134 and 135 of title 23, United States Code.

(2) Developing intermodal transportation plans necessary for the projects, in coordination with State and local transportation agencies.

(3) Efforts to expedite review and comment by the Department of Transportation on any required submittals pertaining to an Olympic or Paralympic event or a Special Olympics International event.

(4) Providing technical assistance.

SEC. 1634. Better Utilizing Infrastructure for Lasting Development of Veterans Businesses Act.

(a) Definitions.—In this section, the following definitions apply:

(1) SMALL BUSINESS CONCERN.—The term “small business concern” has the meaning given the term in section 3 of the Small Business Act (15 U.S.C. 632).

(2) VETERAN.—The term “veteran” has the meaning given the term in section 101(2) of title 38, United States Code.

(3) VETERAN OWNED SMALL BUSINESS CONCERN.—The term “veteran owned small business concern” has the meaning given the term “small business concern owned and controlled by veterans” in section 3(q) of the Small Business Act (15 U.S.C. 632 (q)).

(b) Amounts for veteran owned small business concerns.—Except to the extent that the Secretary of Transportation determines otherwise, not less than 3 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 veteran owned small business concerns.

(c) Uniform criteria.—The Secretary shall establish minimum uniform criteria for use by State governments in certifying whether a concern qualifies as a veteran owned small business concern for the purpose of this section. Such criteria shall include a limit on the personal net worth of the veterans who own and control the small business concern.

(d) Reporting.—The Secretary shall establish minimum requirements for use by State government in reporting to the Secretary—

(1) information concerning veteran owned small business concern awards, commitments, and achievement; and

(2) such other information as the Secretary determined to be appropriate for the proper monitoring of the veterans business enterprise program.

SEC. 1635. Vehicle weight limitations.

Section 127(i)(1)(A) of title 23, United States Code, is amended by inserting “an emergency or” before “a major disaster”.

SEC. 1636. Roadway worker protection working group.

(a) Establishment.—Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall establish a working group (in this section referred to as the “Working Group”) to review the methods, practices, and technologies necessary to protect workers in roadway work zones.

(b) Membership.—

(1) APPOINTMENT.—The Secretary shall appoint to the Working Group individuals with knowledge and expertise in roadway safety.

(2) REPRESENTATION.—The Working group shall include at least one representative of each of the following:

(A) State departments of transportation.

(B) Local governments or metropolitan planning organizations.

(D) Roadway user organizations.

(E) Vehicle and commercial vehicle manufacturers.

(F) Labor organizations.

(G) Traffic safety organizations.

(H) Motor carrier and independent owner-operator organizations.

(I) Law enforcement and first responder organizations.

(J) Autonomous vehicle technology companies.

(K) Any other stakeholders that the Secretary determines appropriate.

(3) TERMINATION.—The Working Group shall terminate 6 months after the date on which the Secretary receives the report under subsection (f)(1).

(1) evaluate and analyze current work zone safety and worker protection traffic control best practices;

(2) identify causes of work zone injuries and fatalities;

(3) identify and evaluate technologies related to vehicle interaction with work zones and workers in work zones; and

(4) identify challenges for transportation construction project sponsors regarding improving work zone safety.

(d) Consultation.—In carrying out the review required under subsection (a), the Working Group shall consult with—

(1) transportation construction contractor organizations;

(2) roadway and roadway safety equipment manufacturer organizations;

(3) academic experts; and

(4) any other stakeholder the Working Group determines appropriate.

(e) Reports.—

(1) WORKING GROUP REPORT.—Not later than 2 years after the date on which the Working Group is established, the Working Group shall submit to the Secretary a report that includes—

(A) the findings of the review required under subsection (a), including a summary of any comments received during the consultation process under subsection (d); and

(B) recommendations on safety countermeasures, technologies, programs and policies for the Department of Transportation to improve roadway work zone safety and practices.

(2) REPORT TO CONGRESS.—Not later than 1 month after the date on which the Secretary receives a report under paragraph (1), the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a summary of the report.

SEC. 1637. GAO study on nature-based solutions for coastal highway resilience.

(a) Study.—The Comptroller General of the United States shall conduct a study on the utilization of nature-based solutions for improving the resilience of coastal highways and bridges.

(b) Contents.—In conducting the study under subsection (a), the Comptroller General shall examine—

(1) the resiliency benefits of nature-based features that work in conjunction with structural features to protect coastal highways and bridges by reducing the impacts of floods or other risks of extreme weather;

(2) the ecological benefits of nature-based features for habitat restoration, water quality improvements, and recreational aesthetics;

(3) any potential savings to taxpayers over the lifecycles of roadways produced by an integrated approach to resilience against extreme weather;

(4) the utilization rates for integrated nature-based solutions among transportation agencies; and

(5) any barriers to the use of nature-based solutions by transportation agencies to improve the resilience of coastal roads and bridges.

(c) Report.—Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report summarizing the study under subsection (a) and the results of such study, including recommendations for how the Federal Highway Administration can encourage transportation agencies to use natural and nature-based features to improve the resilience of coastal highways and bridges.

SEC. 1638. Prohibition on the use of civil penalties for campaign finance.

No amounts may be assessed on funds collected pursuant to section 5309 of this Act or section 20704, 20171, 20174, or 80502 of title 49, United States Code, (as added by this Act) for purposes of making payments in support of a campaign for election for the office of Senator or Representative in, or Delegate or Resident Commissioner to, Congress.

SEC. 1639. Repeal of pilot program.

Section 325 of title 23, United States Code, is repealed.

SEC. 1640. Technical corrections.

(a) In general.— Title 23, United States Code, is amended as follows:

(1) NAME CORRECTION.—Section 101(a)(16)(C),as amended, is amended by striking “United States Customs and Immigration Services” and inserting “ U.S. Customs and Border Protection”.

(2) TRANSFER OF FUNDS.—Section 104(f)(3) is amended—

(A) in subparagraph (A), by striking “the Federal Highway Administration” and inserting “an operating administration of the Department of Transportation”; and

(B) in the paragraph heading, by striking “Federal Highway Administration” and inserting “an operating administration of the Department of Transportation”.

(3) TERMS AND CONDITIONS.—Section 108(c)(3)(F) is amended—

(A) by inserting “of 1969 (42 U.S.C. 4321 et seq.)” after “Policy Act”; and

(B) by striking “this Act” and inserting “this title”.

(4) EXCLUSION.—Section 112(b)(2) is amended in subparagraph (F) by striking “(F)” and all that follows through “Subparagraphs” and inserting “(F) Subparagraphs”.

(5) REFERENCE TO STATEWIDE TRANSPORTATION IMPROVEMENT PROGRAM.—Section 115(c) is amended by striking “135(f)” and inserting “135(g)”.

(6) OPPORTUNITY FOR COMMENT.—Section 134(j) is amended by striking “subsection (i)(5)” both places it appears and inserting “subsection (i)(6)”.

(7) PERFORMANCE-BASED APPROACH.—Section 135(f)(7)(B) is amended by striking the semicolon at the end and inserting a period.

(8) EFFICIENT ENVIRONMENTAL REVIEWS FOR PROJECT DECISIONMAKING.—Section 139 is amended—

(A) in subsection (b)(1) by inserting “(42 U.S.C. 4321 et seq.)” after “of 1969”;

(B) in subsection (c) by inserting “(42 U.S.C. 4321 et seq.)” after “of 1969” each place it appears; and

(9) NONDISCRIMINATION.—Section 140(a) is amended, in the third sentence, by inserting a comma after “Secretary”.

(10) PUBLIC TRANSPORTATION.—Section 142 is amended by striking subsection (i).

(11) CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM.—Section 149 is amended—

(A) in subsection (b)(1)(A)(ii) by striking “; or,” and inserting “; or”; and

(B) in subsection (g)(2)(B) by striking the semicolon at the end and inserting “; and”.

(12) TRIBAL TRANSPORTATION PROGRAM DATA COLLECTION.—Section 201(c)(6)(A)(ii) is amended by striking “(25 U.S.C. 450 et seq.)” and inserting “(25 U.S.C. 5301 et seq.)”.

(13) TRIBAL TRANSPORTATION PROGRAM.—Section 202 is amended—

(A) by striking “(25 U.S.C. 450 et seq.)” each place it appears and inserting “(25 U.S.C. 5301 et seq.)”;

(B) in subsection (a)(10)(B) by striking “(25 U.S.C. 450e(b))” and inserting “(25 U.S.C. 5307(b))”; and

(i) in paragraph (5) in the matter preceding subparagraph (A) by inserting “the” after “agreement under”; and

(ii) in paragraph (6)(A) by inserting “the” after “in accordance with”.

(14) PERMISSIBLE USES OF RECREATIONAL TRAILS PROGRAM APPORTIONED FUNDS.—Section 206(d)(2)(G) is amended by striking “use of recreational trails” and inserting “uses of recreational trails”.

(15) TRIBAL TRANSPORTATION SELF-GOVERNANCE PROGRAM.—Section 207 is amended—

(A) in subsection (g)—

(i) by striking “(25 U.S.C. 450j–1)” and inserting “(25 U.S.C. 5325)”; and

(ii) by striking “(25 U.S.C. 450j-1(f))” and inserting “(25 U.S.C. 5325(f))”;

(B) in subsection (l)—

(i) in paragraph (1), by striking “(25 U.S.C. 458aaa–5)” and inserting “(25 U.S.C. 5386)”;

(ii) in paragraph (2), by striking “(25 U.S.C. 458aaa–6)” and inserting “(25 U.S.C. 5387)”;

(iii) in paragraph (3), by striking “(25 U.S.C. 458aaa–7)” and inserting “(25 U.S.C. 5388)”;

(iv) in paragraph (4), by striking “(25 U.S.C. 458aaa–9)” and inserting “(25 U.S.C. 5390)”;

(v) in paragraph (5), by striking “(25 U.S.C. 458aaa–10)” and inserting “(25 U.S.C. 5391)”;

(vi) in paragraph (6), by striking “(25 U.S.C. 458aaa–11)” and inserting “(25 U.S.C. 5392)”;

(vii) in paragraph (7), by striking “(25 U.S.C. 458aaa–14)” and inserting “(25 U.S.C. 5395)”;

(viii) in paragraph (8), by striking “(25 U.S.C. 458aaa–15)” and inserting “(25 U.S.C. 5396)”; and

(ix) in paragraph (9), by striking “(25 U.S.C. 458aaa–17)” and inserting “(25 U.S.C. 5398)”; and

(i) by striking “505” and inserting “501”; and

(ii) by striking “(25 U.S.C. 450b; 458aaa)” and inserting “(25 U.S.C. 5304; 5381)”.

(16) BUY AMERICA.—Section 313 is amended—

(A) in subsection (e)(2) by striking “States;” and inserting “States,”; and

(B) in subsection (f)(1) by striking “, and” and inserting “; and”.

(17) PROCEDURES FOR A GIFT OR DONATION.—Section 323(d) is amended in the matter preceding paragraph (1) by inserting “(42 U.S.C. 4321 et seq.)” after “of 1969”.

(18) HIGHWAY SAFETY PROGRAMS.—Section 402(b)(1)(E) is amended by striking the semicolon at the end and inserting “; and”.

(19) USE OF FREIGHT CAPACITY BUILDING PROGRAM FUNDS.—Section 504(g)(6) is amended by striking “make grants or to” and inserting “make grants to”.

(20) DEVELOPMENT PHASE ACTIVITIES.—Section 602(e) is amended by striking “601(a)(1)(A)” and inserting “601(a)(2)(A)”.

(b) Clerical amendments.—

(1) IN GENERAL.—The table of contents for title 23, United States Code, is amended in the item relating to chapter 1 by striking “Federal Aid Highways” and inserting “Federal-aid Highways”.

(2) CHAPTER 3.—The analysis for chapter 3 of title 23, United States Code, is amended by striking the item relating to section 325.

TITLE II—Public Transportation

subtitle A—Federal Transit Administration

SEC. 2101. Authorizations.

(a) In general.—Section 5338 of title 49, United States Code, is amended to read as follows:

“§ 5338. Authorizations

“(a) Grants.—

“(1) IN GENERAL.—There shall be available from the Mass Transit Account of the Highway Trust Fund to carry out sections 5305, 5307, 5308, 5310, 5311, 5312, 5314, 5318, 5320, 5328, 5335, 5337, 5339, and 5340—

“(A) $17,894,460,367 for fiscal year 2023;

“(B) $18,201,940,770 for fiscal year 2024;

“(C) $18,551,676,708 for fiscal year 2025; and

“(D) $18,901,573,693 for fiscal year 2026.

“(2) ALLOCATION OF FUNDS.—Of the amounts made available under paragraph (1)—

“(A) $189,879,151 for fiscal year 2023, $192,841,266 for fiscal year 2024, $195,926,726 for fiscal year 2025, and $199,002,776 for fiscal year 2026, shall be available to carry out section 5305;

“(B) $7,505,830,848 for fiscal year 2023, $7,622,921,809 for fiscal year 2024, $7,744,888,558 for fiscal year 2025, and $7,866,483,309 for fiscal year 2026 shall be allocated in accordance with section 5336 to provide financial assistance for urbanized areas under section 5307;

“(C) $101,510,000 for fiscal year 2023, $103,093,556 for fiscal year 2024, $104,743,053 for fiscal year 2025, and $106,387,519 for fiscal year 2026 shall be available for grants under section 5308;

“(D) $434,830,298 for fiscal year 2023, $441,613,651 for fiscal year 2024, $448,679,469 for fiscal year 2025, and $455,723,737 for fiscal year 2026 shall be available to carry out section 5310, of which not less than—

“(i) $5,075,500 for fiscal year 2023, $5,154,678 for fiscal year 2024, $5,237,153 for fiscal year 2025, and $5,319,376 for fiscal year 2026 shall be available to carry out section 5310(j); and

“(ii) $20,302,000 for fiscal year 2023, $20,618,711 for fiscal year 2024, $20,948,611 for fiscal year 2025, and $21,277,504 for fiscal year 2026 shall be available to carry out section 5310(k);

“(E) $1,025,199,724 for fiscal year 2023, $1,041,192,839 for fiscal year 2024, $1,057,851,925 for fiscal year 2025, and $1,074,460,200 for fiscal year 2026 shall be available to carry out section 5311, of which not less than—

“(i) $55,679,500 for fiscal year 2023, $56,392,100 for fiscal year 2024, $57,134,374 for fiscal year 2025, and $57,874,383 for fiscal year 2026 shall be available to carry out section 5311(c)(1); and

“(ii) $50,755,000 for fiscal year 2023, $51,546,778 for fiscal year 2024, $52,371,526 for fiscal year 2025, and $53,193,759 for fiscal year 2026 shall be available to carry out section 5311(c)(2);

“(F) $53,498,300 for fiscal year 2023; $54,020,873 for fiscal year 2024; $54,565,207 for fiscal year 2025; $55,107,881 for fiscal year 2026 shall be available to carry out section 5312, of which not less than—

“(i) $5,075,500 for fiscal year 2023, $5,154,678 for fiscal year 2024, $5,237,153 for fiscal year 2025, and $5,319,376 for fiscal year 2026 shall be available to carry out each of sections 5312(d)(3) and 5312(d)(4);

“(ii) $3,045,300 for fiscal year 2023, $3,092,807 for fiscal year 2024, $3,142,292 for fiscal year 2025, and $3,191,626 for fiscal year 2026 shall be available to carry out section 5312(h);

“(iii) $10,151,000 for fiscal year 2023, $10,309,356 for fiscal year 2024, $10,474,305 for fiscal year 2025, and $10,638,752 for fiscal year 2026 shall be available to carry out section 5312(i); and

“(iv) $10,075,500 for fiscal year 2023, $10,154,678 for fiscal year 2024, $10,237,153 for fiscal year 2025, and $10,319,376 shall be available to carry out section 5312(j);

“(G) $23,347,300 for fiscal year 2023, $23,711,518 for fiscal year 2024, $24,090,902 for fiscal year 2025, and $24,469,129 for fiscal year 2026 shall be available to carry out section 5314, of which not less than—

“(i) $4,060,400 for fiscal year 2023, $4,123,742 for fiscal year 2024, $4,189,722 for fiscal year 2025, and $4,255,501 for fiscal year 2026 shall be available to carry out section of 5314(a);

“(ii) $5,075,500 for fiscal year 2023, $5,154,678 for fiscal year 2024, $5,237,153 for fiscal year 2025, and $5,319,376 for fiscal year 2026 shall be available to carry out section 5314(c); and

“(iii) $12,181,200 for fiscal year 2023, $12,371,227 for fiscal year 2024, $12,569,166 for fiscal year 2025, and $12,766,502 for fiscal year 2026 shall be available to carry out section 5314(b)(2);

“(H) $5,075,500 for fiscal year 2023, $5,154,678 for fiscal year 2024, $5,237,153 for fiscal year 2025, and $5,319,376 for fiscal year 2026 shall be available to carry out section 5318;

“(I) $30,453,000 for fiscal year 2023, $30,928,067 for fiscal year 2024, $31,422,916 for fiscal year 2025, and $31,916,256 for fiscal year 2026 shall be available to carry out section 5328, of which not less than—

“(i) $25,377,500 for fiscal year 2023, $25,773,389 for fiscal year 2024, $26,185,763 for fiscal year 2025, and $26,596,880 for fiscal year 2026 shall be available to carry out section of 5328(b); and

“(ii) $2,537,750 for fiscal year 2023, $2,577,339 for fiscal year 2024, $2,618,576 for fiscal year 2025, and $2,659,688 for fiscal year 2026 shall be available to carry out section 5328(c);

“(J) $4,060,400 for fiscal year 2023, $4,123,742 for fiscal year 2024, $4,189,722 for fiscal year 2025, and $4,255,501 for fiscal year 2026 shall be available to carry out section 5335;

“(K) $5,366,233,728 for fiscal year 2023, $5,460,789,084 for fiscal year 2024, $5,560,170,578 for fiscal year 2025, and $5,660,288,417 for fiscal year 2026 shall be available to carry out section 5337;

“(L) to carry out the bus formula program under section 5339(a)—

“(i) $1,240,328,213 for fiscal year 2023, $1,259,667,334 for fiscal year 2024, $1,279,832,171 for fiscal year 2025, and $1,299,925,536 for fiscal year 2026; except that

“(ii) 15 percent of the amounts under clause (i) shall be available to carry out 5339(d);

“(M) $437,080,000 for fiscal year 2023, $424,748,448 for fiscal year 2024, $387,944,423 for fiscal year 2025, and $351,100,151 for fiscal year 2026 shall be available to carry out section 5339(b);

“(N) $890,000,000 for fiscal year 2023, $950,000,000 for fiscal year 2024, $1,065,000,000 for fiscal year 2025, and $1,180,000,000 for fiscal year 2026 shall be available to carry out section 5339(c); and

“(O) $587,133,905 for each of fiscal years 2023 through 2026 shall be available to carry out section 5340 to provide financial assistance for urbanized areas under section 5307 and rural areas under section 5311, of which—

“(i) $309,688,908 for each of fiscal years 2023 through 2026 shall be for growing States under section 5340(c); and

“(ii) $277,444,997 for each of fiscal years 2023 through 2026 shall be for high density States under section 5340(d).

“(b) Capital investment grants.—There are authorized to be appropriated to carry out section 5309 $3,500,000,000 for fiscal year 2023, $4,250,000,000 for fiscal year 2024, $5,000,000,000 for fiscal year 2025, and 5,500,000,000 for fiscal year 2026.

“(c) Administration.—

“(1) IN GENERAL.—There are authorized to be appropriated to carry out section 5334, $142,060,785 for fiscal year 2023, $144,191,696 for fiscal year 2024, $146,412,248 for fiscal year 2025, and 148,652,356 for fiscal year 2026.

“(2) SECTION 5329.—Of the amounts authorized to be appropriated under paragraph (1), not less than $6,000,000 for each of fiscal years 2023 through 2026 shall be available to carry out section 5329.

“(3) SECTION 5326.—Of the amounts made available under paragraph (2), not less than $2,500,000 for each of fiscal years 2023 through 2026 shall be available to carry out section 5326.

“(d) Oversight.—

“(1) IN GENERAL.—Of the amounts made available to carry out this chapter for a fiscal year, the Secretary may use not more than the following amounts for the activities described in paragraph (2):

“(A) 0.5 percent of amounts made available to carry out section 5305.

“(B) 0.75 percent of amounts made available to carry out section 5307.

“(C) 1 percent of amounts made available to carry out section 5309.

“(D) 1 percent of amounts made available to carry out section 601 of the Passenger Rail Investment and Improvement Act of 2008 (Public Law 110–432; 126 Stat. 4968).

“(E) 0.5 percent of amounts made available to carry out section 5310.

“(F) 0.5 percent of amounts made available to carry out section 5311.

“(G) 1 percent of amounts made available to carry out section 5337, of which not less than 25 percent of such amounts shall be available to carry out section 5329 and of which not less than 10 percent of such amounts shall be made available to carry out section 5320.

“(H) 1 percent of amounts made available to carry out section 5339 of which not less than 10 percent of such amounts shall be made available to carry out section 5320.

“(I) 1 percent of amounts made available to carry out section 5308.

“(2) ACTIVITIES.—The activities described in this paragraph are as follows:

“(A) Activities to oversee the construction of a major capital project.

“(B) Activities to review and audit the safety and security, procurement, management, and financial compliance of a recipient or subrecipient of funds under this chapter.

“(C) Activities to provide technical assistance generally, and to provide technical assistance to correct deficiencies identified in compliance reviews and audits carried out under this section.

“(3) GOVERNMENT SHARE OF COSTS.—The Government shall pay the entire cost of carrying out a contract under this subsection.

“(4) AVAILABILITY OF CERTAIN FUNDS.—Funds made available under paragraph (1)(C) shall be made available to the Secretary before allocating the funds appropriated to carry out any project under a full funding grant agreement.

“(e) Grants as contractual obligations.—

“(1) GRANTS FINANCED FROM HIGHWAY TRUST FUND.—A grant or contract that is approved by the Secretary and financed with amounts made available from the Mass Transit Account of the Highway Trust Fund pursuant to this section is a contractual obligation of the Government to pay the Government share of the cost of the project.

“(2) GRANTS FINANCED FROM GENERAL FUND.—A grant or contract that is approved by the Secretary and financed with amounts from future appropriations from the general fund of the Treasury pursuant to this section is a contractual obligation of the Government to pay the Government share of the cost of the project only to the extent that amounts are appropriated for such purpose by an Act of Congress.

“(f) Availability of amounts.—Amounts made available by or appropriated under this section shall remain available until expended.

“(g) 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 enactment of the INVEST in America 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 paragraph (1), the term ‘otherwise related legally or financially’ does not include a minority relationship or investment.

“(3) INTERNATIONAL AGREEMENTS.—This subsection shall be applied in a manner consistent with the obligations of the United States under international agreements.”.

(b) Conforming amendments.—

(1) Section 5312(i)(1) of title 49, United States Code, is amended by striking “5338(a)(2)(G)(ii)” and inserting “5338(a)(2)(F)(iii)”.

(2) Section 5333(b) of title 49, United States Code, is amended by striking “5328, 5337, and 5338(b)” each place it appears and inserting “and 5337”.

(3) Section 5336 of title 49, United States Code, is amended in subsection (d)(1) by striking “5338(a)(2)(C)” and inserting “5338(a)(2)(B)”.

(4) Subsections (c) and (d)(1) of section 5327 of title 49, United States Code, are amended by striking “5338(f)” and inserting “5338(d)”.

(5) Section 5340(b) of title 49, United States Code, is amended by striking “5338(b)(2)(N)” and inserting “5338(a)(2)(O)”.

SEC. 2102. Chapter 53 definitions.

Section 5302 of title 49, United States Code, is amended—

(1) in paragraph (1)(E)—

(A) by striking “and the installation” and inserting “, the installation”; and

(B) by inserting “, charging stations and docks for electric micromobility devices, and bikeshare projects” after “public transportation vehicles”;

(2) in paragraph (3)—

(A) in subparagraph (G) by striking clause (iii) and inserting the following:

“(iii) provides a fair share of revenue established by the Secretary that will be used for public transportation, except for a joint development that is a community service (as defined by the Federal Transit Administration), publicly operated facility, or offers a minimum of 50 percent of units as affordable housing, meaning legally binding affordability restricted housing units available to tenants with incomes below 60 percent of the area median income or owners with incomes below the area median;”;

(B) in subparagraph (M) strike “; or” and insert a semicolon;

(i) by striking “no emission” and inserting “zero emission”; and

(ii) by striking “(as defined in section 5339(c)) or facilities.” and inserting “or facilities; or”; and

(D) by adding at the end the following:

“(O) the employment of forensic consultants, cybersecurity experts, or third-party penetration testers to identify, evaluate, test, and patch ransomware attack vulnerabilities.”; and

(3) by adding at the end the following:

“(25) 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 ability 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.

“(26) ASSAULT ON A TRANSIT WORKER.—The term ‘assault on a transit worker’ means any circumstance in which an individual knowingly, without lawful authority or permission, and with intent to endanger the safety of any individual, or with a reckless disregard for the safety of human life, interferes with, disables, or incapacitates any transit worker while the transit worker is performing his or her duties.”.

SEC. 2103. General provisions.

Section 5323 of title 49, United States Code, is amended—

(1) in subsection (d)—

(A) in paragraph (1) by striking “urban area” and inserting “urbanized area”;

(B) by adding at the end the following:

“(3) EXCEPTIONS.—This subsection shall not apply to financial assistance under this chapter—

“(A) in which the non-Federal share of project costs are provided from amounts received under a service agreement with a State or local social service agency or private social service organization pursuant to section 5307(d)(3)(E) or section 5311(g)(3)(C);

“(B) provided to a recipient or subrecipient whose sole receipt of such assistance derives from section 5310; or

“(C) provided to a recipient operating a fixed route service that is—

“(i) for a period of less than 30 days;

“(ii) accessible to the public;

“(iii) contracted by a local government entity that provides local cost share to the recipient; and

“(iv) not contracted for the purposes of a convention or on behalf of a convention and visitors bureau.

“(4) GUIDELINES.—The Secretary shall publish guidelines for grant recipients and private bus operators that clarify when and how a transit agency may provide the service in the event a registered charter provider does not contact the customer, provide a quote, or provide the service.”;

(2) in subsection (h)—

(A) in paragraph (1) by adding “or” at the end; and

(B) by striking paragraph (2) and redesignating paragraph (3) as paragraph (2);

(3) by striking subsection (j) and inserting the following:

“(j) Reporting accessibility complaints.—

“(1) IN GENERAL.—The Secretary shall ensure that an individual who believes that he or she, or a specific class in which the individual belongs, has been subjected to discrimination on the basis of disability by a State or local governmental entity, private nonprofit organization, or Tribe that operates a public transportation service and is a recipient or subrecipient of funds under this chapter, may, by the individual or by an authorized representative, file a complaint with the Department of Transportation.

“(2) PROCEDURES.—Not later than 1 year after the date of enactment of the INVEST in America Act, the Secretary shall implement procedures that allow an individual to submit a complaint described in paragraph (1) by phone, mail-in form, and online through the website of the Office of Civil Rights of the Federal Transit Administration.

“(3) NOTICE TO INDIVIDUALS WITH DISABILITIES.—Not later than 12 months after the date of enactment of the INVEST in America Act, the Secretary shall require that each public transit provider and contractor providing paratransit services shall include on a publicly available website of the service provider, any related mobile device application, and online service—

“(A) notice that an individual can file a disability-related complaint with the local transit agency and the process and any timelines for filing such a complaint;

“(B) the telephone number, or a comparable electronic means of communication, for the disability assistance hotline of the Office of Civil Rights of the Federal Transit Administration;

“(C) notice that a consumer can file a disability related complaint with the Office of Civil Rights of the Federal Transit Administration; and

“(D) an active link to the website of the Office of Civil Rights of the Federal Transit Administration for an individual to file a disability-related complaint.

“(4) INVESTIGATION OF COMPLAINTS.—Not later than 60 days after the last day of each fiscal year, the Secretary shall publish a report that lists the disposition of complaints described in paragraph (1), including—

“(A) the number and type of complaints filed with Department of Transportation;

“(B) the number of complaints investigated by the Department;

“(C) the result of the complaints that were investigated by the Department including whether the complaint was resolved—

“(i) informally;

“(ii) by issuing a violation through a noncompliance Letter of Findings; or

“(iii) by other means, which shall be described; and

“(D) if a violation was issued for a complaint, whether the Department resolved the noncompliance by—

“(i) reaching a voluntary compliance agreement with the entity;

“(ii) referring the matter to the Attorney General; or

“(iii) by other means, which shall be described.

“(5) REPORT.—The Secretary shall, upon implementation of this section and annually thereafter, submit to the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Banking, Housing, and Urban Affairs of the Senate, and make publicly available a report containing the information collected under this section.”;

(4) by striking subsection (m) and inserting the following:

“(m) Preaward and postdelivery review of rolling stock purchases.—The Secretary shall prescribe regulations requiring a preaward and postdelivery review of a grant under this chapter to buy rolling stock to ensure compliance with bid specifications requirements of grant recipients under this chapter. Under this subsection, grantee inspections and review are required, and a manufacturer certification is not sufficient.”; and

(5) by amending subsection (r) to read as follows:

“(r) Reasonable access to public transportation facilities.—

“(1) IN GENERAL.—A recipient of assistance under this chapter—

“(A) may not deny reasonable access for a private intercity or charter transportation operator to federally funded public transportation facilities, including intermodal facilities, park and ride lots, and bus-only highway lanes; and

“(B) shall respond to any request for reasonable access within 75 days of the receipt of the request and, if a recipient of assistance under this chapter denies access to a private intercity or charter transportation operator based on the reasonable access standards, provide, in writing, the reasons for the denial.

“(2) DETERMINING REASONABLE ACCESS.—In determining reasonable access under paragraph (1)(A), capacity requirements of the recipient of assistance and the extent to which access would be detrimental or beneficial to existing public transportation services must be considered and demographic makeup of the riders of a private intercity or charter transportation operator may not be cited as a detriment to the provision of access.

“(3) NOTIFICATION.—If a private intercity or charter transportation operator requesting access under this subsection is denied such access by a recipient of assistance under this chapter or does not receive a written response within 75 days of submitting the request, such operator may notify the Secretary for purposes of inclusion in the report under paragraph (4).

“(4) REPORT TO CONGRESS.—The Secretary shall annually submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a report listing each instance reported under paragraph (3) in which—

“(A) a private intercity or charter transportation operator requested reasonable access and was denied, and the reasons provided by the recipient of assistance under this chapter for the denial; and

“(B) a recipient of assistance under this chapter did not respond to a request for reasonable access within 75 days.”.

SEC. 2104. Miscellaneous provisions.

(a) State of good repair grants.—Section 5337(e) of title 49, United States Code, is amended by adding at the end the following:

“(3) ACCESSIBILITY COSTS.—Notwithstanding paragraph (1), the Federal share of the net project cost of a project to provide accessibility improvements consistent with standards in compliance with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) shall be 90 percent.”.

(b) Apportionments based on growing States and high density States formula factors.—Section 5340(a) of title 49, United States Code, is amended by inserting “and the District of Columbia” after “United States”.

(1) in subsection (a)(1)(B)—

(A) in clause (i) by striking “; and” and inserting a semicolon;

(B) in clause (ii) by striking “and vehicle electronics.” and inserting “cybersecurity and mitigating the threat of ransomware, and vehicle electronics; and”; and

“(iii) technical assistance to assist recipients with the impacts of a new census count.”;

(2) in subsection (a)(2)—

(A) by redesignating subparagraphs (H) and (I) as subparagraphs (J) and (K), respectively; and

(B) by inserting after subparagraph (G) the following:

“(H) cybersecurity and mitigating the threat of ransomware;”;

(3) in subsection (b)(1)(B) by striking “females” and inserting “women”; and

(4) in subsection (c)(4)(A) by inserting “, and not more than 2 percent of amounts under 5311,” after “5339”.

(d) National transit database.—Section 5335 of title 49, United States Code, is amended—

(1) in subsection (a) by inserting “, including information on transit routes and ridership on those routes” after “public sector investment decision”; and

(2) in subsection (c) by inserting “, any data on each assault on a transit worker, and pedestrian injuries and fatalities as a result of an impact with a bus. Each of the data sets shall be publicly reported without aggregating the data with other safety data” after “by the recipient”.

(e) Urbanized area formula grants.—Section 5307 of title 49, United States Code, is amended—

(1) in subsection (a)(2)(A)—

(A) in clause (i) by striking “or” at the end; and

(B) by adding at the end the following:

“(iii) operate a minimum of 101 buses and a maximum of 125 buses in fixed route service or demand response service, excluding ADA complementary paratransit service, during peak service hours, in an amount not to exceed 25 percent of the share of the apportionment which is attributable to such systems within the urbanized area, as measured by vehicle revenue hours; or”;

(2) in subsection (a)(2)(B)—

(A) in clause (i) by striking “or” at the end;

(B) in clause (ii) by striking the period at the end and inserting “; or”; and

“(iii) operate a minimum of 101 buses and a maximum of 125 buses in fixed route service or demand response service, excluding ADA complementary paratransit service, during peak service hours, in an amount not to exceed 25 percent of the share of the apportionment allocated to such systems within the urbanized area, as determined by the local planning process and included in the designated recipient's final program of projects prepared under subsection (b).”; and

(3) in subsection (b)—

(A) in paragraph (6) by striking “and” at the end;

(B) by redesignating paragraph (7) as paragraph (8); and

“(7) ensure that the proposed program of projects provides improved access to transit for the individuals described in section 5336(j); and”.

(f) Technical correction.—Section 5307(a)(2)(B)(ii) of title 49, United States Code, is amended by striking “service during peak” and inserting “service, during peak”.

(g) Transportation development credits as local match.—

(1) SECTION 5307.—Section 5307(d)(3) of title 49, United States Code, is amended—

(A) in subparagraph (D) by striking “; and” and inserting a semicolon;

(B) in subparagraph (E) by striking the period and inserting “; and”; and

“(F) transportation development credits.”.

(2) SECTION 5309.—Section 5309 of title 49, United States Code, is amended—

(A) in subsection (f) by adding at the end the following:

“(3) TRANSPORTATION DEVELOPMENT CREDITS.—For purposes of assessments and determinations under this subsection or subsection (h), transportation development credits that are included as a source of local financing or match shall be treated the same as other sources of local financing.”; and

(B) in subsection (l)(4)—

(i) in subparagraph (B) by striking “; or” and inserting a semicolon;

(ii) in subparagraph (C) by striking the period and inserting a semicolon; and

(iii) by adding at the end the following:

“(D) transportation development credits; or”.

(3) SECTION 5339.—Section 5339(a)(7)(B) of title 49, United States Code, is amended—

(A) in clause (iv) by striking “; or” and inserting a semicolon;

(B) in clause (v) by striking the period and inserting “; or”; and

“(vi) transportation development credits.”.

(h) Clarification of incidental use.—Section 5310(b)(7) of title 49, United States Code, is amended—

(1) in the header by inserting “and incidental use” after “individuals”;

(2) by inserting “or providing other incidental services” after “individuals”; and

(3) by striking “delivery service does not conflict” and inserting “service does not conflict”.

SEC. 2105. Policies and purposes.

Section 5301(b) of title 49, United States Code, is amended—

(1) in paragraph (7) by striking “; and” and inserting a semicolon;

(2) in paragraph (8) by striking the period and inserting a semicolon; and

(3) by adding at the end the following:

“(9) reduce the contributions of the surface transportation system to the total carbon pollution of the United States; and

“(10) improve the resiliency of the public transportation network to withstand weather events and other natural disasters.”.

SEC. 2106. Fiscal years 2022 and 2023 formulas.

For fiscal years 2022 and 2023, the Secretary of Transportation shall apportion and distribute formula funds provided for under chapter 53 of title 49, United States Code, using data submitted to the 2019 National Transit Database.

SEC. 2107. Metropolitan transportation planning.

Section 5303 of title 49, United States Code, is further amended—

(1) by amending subsection (a)(1) to read as follows:

“(1) to encourage and promote the safe and efficient management, operation, and development of surface transportation systems that will serve the mobility needs of people and freight, foster economic growth and development within and between States and urbanized areas, and take into consideration resiliency and climate change adaptation needs while reducing transportation-related fuel consumption, air pollution, and greenhouse gas emissions through metropolitan and statewide transportation planning processes identified in this chapter; and”.

(2) in subsection (b)—

(A) by redesignating paragraphs (6) and (7) as paragraphs (7) and (8), respectively; 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 programs” and inserting “and TIPs”; and

(B) by adding at the end the following:

“(4) CONSIDERATION.—In developing the plans and TIPs, metropolitan planning 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 the Federal Public Transportation Act of 2012, each” and inserting “Each”;

(B) in paragraph (3) by adding at the end the following:

“(D) EQUITABLE AND PROPORTIONAL REPRESENTATION.—

“(ii) SAVINGS CLAUSE.—Nothing in this paragraph shall require a metropolitan planning organization in existence on the date of enactment of this subparagraph to be restructured.

“(iii) REDESIGNATION.—Notwithstanding clause (ii), the requirements of this paragraph shall apply to any metropolitan planning organization redesignated under paragraph (6).”;

(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 inserting “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.—

(6) in subsection (h)(1)—

(A) by striking subparagraph (E) and inserting the following:

(B) in subparagraph (H) by striking “and” at the end;

(C) in subparagraph (I) by striking the period at the end and inserting “and reduce or mitigate stormwater, sea level rise, extreme weather, and climate change impacts of surface transportation;”; and

(D) by inserting after subparagraph (I) the following:

“(J) support emergency management, response, and evacuation and hazard mitigation;

“(K) improve the level of transportation system access; and

(7) in subsection (h)(2) 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 metropolitan transportation planning process shall support the national goals described in section 150(b) of title 23, the achievement of metropolitan and statewide targets established under section 150(d) of title 23, the improvement of transportation system access (consistent with section 150(f)) of title 23, and the general purposes described in section 5301 of this title.”;