Text: H.R.7095 — 116th Congress (2019-2020)All Information (Except Text)

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Introduced in House (06/04/2020)


116th CONGRESS
2d Session
H. R. 7095


To authorize funds for Federal-aid highways, highway safety programs, and transit programs, and for other purposes.


IN THE HOUSE OF REPRESENTATIVES

June 4, 2020

Mr. DeFazio (for himself, Ms. Norton, and Mr. Lipinski) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure


A BILL

To authorize funds for Federal-aid highways, highway safety programs, and transit programs, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Short title; table of contents.

(a) Short title.—This Act may be cited as the “Investing in a New Vision for the Environment and Surface Transportation in America Act” or the “INVEST in America Act”.

(b) Table of Contents.—The table of contents for this Act is as follows:


Sec. 1. Short title; table of contents.

Sec. 101. Extension of Federal surface transportation programs.

Sec. 102. Federal Highway Administration.

Sec. 103. Federal Transit Administration.

Sec. 104. National Highway Traffic Safety Administration.

Sec. 105. Federal Motor Carrier Safety Administration.

Sec. 106. Definitions.

Sec. 1001. Applicability of division.

Sec. 1101. Authorization of appropriations.

Sec. 1102. Obligation limitation.

Sec. 1103. Definitions and declaration of policy.

Sec. 1104. Apportionment.

Sec. 1105. Additional deposits into Highway Trust Fund.

Sec. 1106. Transparency.

Sec. 1107. Complete and context sensitive street design.

Sec. 1108. Innovative project delivery Federal share.

Sec. 1109. Transferability of Federal-aid highway funds.

Sec. 1110. Tolling.

Sec. 1111. HOV facilities.

Sec. 1112. Buy America.

Sec. 1201. National highway performance program.

Sec. 1202. Increasing the resilience of transportation assets.

Sec. 1203. Emergency relief.

Sec. 1204. Railway crossings.

Sec. 1205. Surface transportation program.

Sec. 1206. Transportation alternatives program.

Sec. 1207. Bridge investment.

Sec. 1208. Construction of ferry boats and ferry terminal facilities.

Sec. 1209. Highway safety improvement program.

Sec. 1210. Congestion mitigation and air quality improvement program.

Sec. 1211. Electric vehicle charging stations.

Sec. 1212. National highway freight program.

Sec. 1213. Carbon pollution reduction.

Sec. 1214. Recreational trails.

Sec. 1215. Safe routes to school program.

Sec. 1216. Bicycle transportation and pedestrian walkways.

Sec. 1301. Projects of national and regional significance.

Sec. 1302. Community transportation investment grant program.

Sec. 1303. Grants for charging and fueling infrastructure to modernize and reconnect America for the 21st century.

Sec. 1304. Community climate innovation grants.

Sec. 1305. Metro performance program.

Sec. 1306. Gridlock reduction grant program.

Sec. 1307. Rebuild rural grant program.

Sec. 1308. Parking for commercial motor vehicles.

Sec. 1309. Active transportation connectivity grant program.

Sec. 1401. Metropolitan transportation planning.

Sec. 1402. Statewide and nonmetropolitan transportation planning.

Sec. 1403. National goals and performance management measures.

Sec. 1404. Transportation demand data and modeling study.

Sec. 1501. Territorial and Puerto Rico highway program.

Sec. 1502. Tribal transportation program.

Sec. 1503. Tribal High Priority Projects program.

Sec. 1504. Federal lands transportation program.

Sec. 1505. Federal lands and Tribal major projects program.

Sec. 1506. Office of Tribal Government Affairs.

Sec. 1507. Alternative contracting methods.

Sec. 1508. Divestiture of federally owned bridges.

Sec. 1601. Toward zero deaths.

Sec. 1602. Speed limits.

Sec. 1603. Broadband infrastructure deployment.

Sec. 1604. Appalachian development highway system funding flexibility.

Sec. 1605. Stormwater best management practices.

Sec. 1606. Pedestrian right-of-way.

Sec. 1607. Highway formula modernization report.

Sec. 1608. Consolidation of programs.

Sec. 1609. Student outreach report to Congress.

Sec. 1610. Task force on developing a 21st century surface transportation workforce.

Sec. 1611. On-the-job training and supportive services.

Sec. 1612. Work zone safety.

Sec. 1613. Transportation education development program.

Sec. 1614. Working group on construction resources.

Sec. 2101. Authorizations.

Sec. 2102. Chapter 53 definitions.

Sec. 2103. General provisions.

Sec. 2104. Miscellaneous provisions.

Sec. 2105. Policies and purposes.

Sec. 2106. Fiscal year 2022 formulas.

Sec. 2201. Multi-jurisdictional bus frequency and ridership competitive grants.

Sec. 2202. Incentivizing frequency in the urban formula.

Sec. 2203. Mobility innovation.

Sec. 2204. Formula grants for rural areas.

Sec. 2205. One-stop paratransit program.

Sec. 2301. Buy America.

Sec. 2302. Bus procurement streamlining.

Sec. 2303. Bus testing facility.

Sec. 2401. Formula grants for buses.

Sec. 2402. Bus facilities and fleet expansion competitive grants.

Sec. 2403. Zero emission bus grants.

Sec. 2404. Restoration to state of good repair formula subgrant.

Sec. 2501. Low-income urban formula funds.

Sec. 2502. Rural persistent poverty formula.

Sec. 2503. Demonstration grants to support reduced fare transit.

Sec. 2601. National transit frontline workforce training center.

Sec. 2602. Public transportation safety program.

Sec. 2603. Automated vehicle transit workforce standards.

Sec. 2604. Performance-based metrics.

Sec. 2701. Transit-supportive communities.

Sec. 2702. Property disposition for affordable housing.

Sec. 2703. Affordable housing incentives in capital investment grants.

Sec. 2801. Mobility innovation sandbox program.

Sec. 2802. Transit bus operator compartment redesign program.

Sec. 2803. Federal Transit Administration Every Day Counts initiative.

Sec. 2804. Technical corrections.

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

Sec. 2902. Other apportionments.

Sec. 2911. Fixed guideway capital investment grants.

Sec. 2912. Rural and small urban apportionment deadline.

Sec. 2913. Disposition of assets beyond useful life.

Sec. 2914. Innovative coordinated access and mobility.

Sec. 3001. Authorization of appropriations.

Sec. 3002. Highway safety programs.

Sec. 3003. Traffic safety enforcement grants.

Sec. 3004. Highway safety research and development.

Sec. 3005. Grant program to prohibit racial profiling.

Sec. 3006. High-visibility enforcement program.

Sec. 3007. National priority safety programs.

Sec. 3008. Minimum penalties for repeat offenders for driving while intoxicated or driving under the influence.

Sec. 3009. National priority safety program grant eligibility.

Sec. 4101. Motor carrier safety grants.

Sec. 4102. Motor carrier safety operations and programs.

Sec. 4201. Motor carrier safety advisory committee.

Sec. 4202. Compliance, safety, accountability.

Sec. 4203. Terms and conditions for exemptions.

Sec. 4204. Safety fitness of motor carriers of passengers.

Sec. 4301. Commercial drivers license for passenger carriers.

Sec. 4302. Alcohol and controlled substances testing.

Sec. 4303. Entry-level driver training.

Sec. 4304. Driver detention time.

Sec. 4305. Truck Leasing Task Force.

Sec. 4306. Hours of service.

Sec. 4307. Driver recruitment.

Sec. 4401. School bus safety standards.

Sec. 4402. Illegal passing of school buses.

Sec. 4403. State inspection of passenger-carrying commercial motor vehicles.

Sec. 4404. Automatic emergency braking.

Sec. 4405. Underride protection.

Sec. 4406. Transportation of horses.

Sec. 5001. Authorization of appropriations.

Sec. 5101. Highway research and development program.

Sec. 5102. Materials to reduce greenhouse gas emissions program.

Sec. 5103. Transportation research and development 5-year strategic plan.

Sec. 5104. University transportation centers program.

Sec. 5105. Unsolicited research initiative.

Sec. 5106. National cooperative multimodal freight transportation research program.

Sec. 5107. Wildlife-vehicle collision reduction and habitat connectivity improvement.

Sec. 5108. Research activities.

Sec. 5201. Technology and innovation deployment program.

Sec. 5202. Accelerated implementation and deployment of pavement technologies.

Sec. 5203. Federal Highway Administration Every Day Counts Initiative.

Sec. 5301. Safe, efficient mobility through advanced technologies.

Sec. 5302. Intelligent transportation systems program.

Sec. 5303. National highly automated vehicle and mobility innovation clearinghouse.

Sec. 5304. Study on safe interactions between automated vehicles and road users.

Sec. 5305. Nontraditional and Emerging Transportation Technology Council.

Sec. 5306. Hyperloop transportation.

Sec. 5401. State surface transportation system funding pilots.

Sec. 5402. National surface transportation system funding pilot.

Sec. 5501. Ergonomic seating working group.

Sec. 5502. Repeal of section 6314 of title 49, United States Code.

Sec. 5503. Reports.

Sec. 6001. National multimodal freight policy.

Sec. 6002. National freight strategic plan.

Sec. 6003. National multimodal freight network.

Sec. 6004. State freight advisory committees.

Sec. 6005. State freight plans.

Sec. 6006. Study of freight transportation fee.

Sec. 6007. National Surface Transportation and Innovative Finance Bureau.

Sec. 6008. Local hire.

Sec. 7001. Transportation Infrastructure Finance and Innovation Act.

Sec. 8001. Short title.

Sec. 8101. Authorization of appropriations.

Sec. 8201. Repeal of certain requirements related to lithium cells and batteries.

Sec. 8202. Transportation of liquefied natural gas by rail tank car.

Sec. 8203. Hazardous materials training requirements and grants.

Sec. 8204. Study on hazardous materials transported by commercial motor vehicles on highway-rail grade crossings.

Sec. 9001. Short title.

Sec. 9101. Authorization of appropriations.

Sec. 9102. Passenger rail improvement, modernization, and expansion grants.

Sec. 9103. Consolidated rail infrastructure and safety improvement grants.

Sec. 9104. Railroad rehabilitation and improvement financing.

Sec. 9105. Buy America.

Sec. 9106. Rail network climate change vulnerability assessment.

Sec. 9201. Amtrak findings, mission, and goals.

Sec. 9202. Amtrak status.

Sec. 9203. Board of Directors.

Sec. 9204. Amtrak preference enforcement.

Sec. 9205. Use of facilities and providing services to Amtrak.

Sec. 9206. Prohibition on mandatory arbitration.

Sec. 9207. Amtrak ADA assessment.

Sec. 9208. Prohibition on smoking on Amtrak trains.

Sec. 9209. State-supported routes operated by Amtrak.

Sec. 9210. Amtrak Police Department.

Sec. 9211. Amtrak food and beverage.

Sec. 9212. Clarification on Amtrak contracting out.

Sec. 9213. Amtrak staffing.

Sec. 9214. Special transportation.

Sec. 9215. Disaster and emergency relief program.

Sec. 9216. Recreational trail access.

Sec. 9301. Northeast Corridor Commission.

Sec. 9302. Northeast Corridor planning.

Sec. 9303. Protective arrangements.

Sec. 9304. High-speed rail funds.

Sec. 9401. Surface Transportation Board mediation of trackage use requests.

Sec. 9402. Surface Transportation Board mediation of rights-of-way use requests.

Sec. 9501. National Academies study on safety impact of trains longer than 7,500 feet.

Sec. 9502. GAO study on changes in freight railroad operating and scheduling practices.

Sec. 9503. FRA safety reporting.

Sec. 9504. Waiver notice requirements.

Sec. 9505. Notice of FRA comprehensive safety assessments.

Sec. 9506. FRA accident and incident investigations.

Sec. 9507. Rail safety improvements.

Sec. 9508. Annual review of speed limit action plans.

Sec. 9509. Freight train crew size safety standards.

Sec. 9510. Safe cross border operations.

Sec. 9511. Yardmasters hours of service.

Sec. 9512. Leaking brakes.

Sec. 9513. Annual report on PTC system failures.

Sec. 9514. Fatigue reduction pilot projects.

Sec. 9515. Assault prevention and response plans.

Sec. 9516. Critical incident stress plans.

Sec. 9517. Study on safety culture assessments.

Sec. 9551. Grade crossing separation grant.

Sec. 9552. Rail safety public awareness grant.

Sec. 9553. Establishment of 10-minute time limit for blocking public grade crossings.

Sec. 9554. National strategy to address blocked crossings.

Sec. 9555. Railroad point of contact for blocked crossing matters.

SEC. 101. Extension of Federal surface transportation programs.

(a) Extension of Federal surface transportation programs.—

(1) IN GENERAL.—Except as otherwise provided in this division, the requirements, authorities, conditions, eligibilities, limitations, and other provisions authorized under the covered laws, which would otherwise expire on or cease to apply after September 30, 2020, are incorporated by reference and shall continue in effect through September 30, 2021.

(2) AUTHORIZATION OF APPROPRIATIONS.—

(A) HIGHWAY TRUST FUND.—

(i) HIGHWAY ACCOUNT.—

(I) IN GENERAL.—Except as provided in subclause (II), there is authorized to be appropriated from the Highway Account for fiscal year 2021, for each program under the covered laws with respect to which amounts are authorized to be appropriated from such account for fiscal year 2020, an amount equal to the amount authorized for appropriation with respect to the program from such account for fiscal year 2020.

(II) ADMINISTRATIVE EXPENSES.—Notwithstanding any other provision of this division, there is authorized to be appropriated from the Highway Account for fiscal year 2021—

(aa) $502,897,049 for administrative expenses of the Federal Highway Administration, as described in section 104(a) of title 23, United States Code; and

(bb) $30,086,000 for grant administrative expenses of the National Highway Traffic Safety Administration, as described in section 4001(a)(6) of the FAST Act (Public Law 114–94).

(ii) MASS TRANSIT ACCOUNT.—There is authorized to be appropriated from the Mass Transit Account for fiscal year 2021, for each program under the covered laws with respect to which amounts are authorized to be appropriated from such account for fiscal year 2020, an amount equal to the amount authorized for appropriation with respect to the program from such account for fiscal year 2020.

(B) GENERAL FUND.—

(i) IN GENERAL.—Except as provided in clause (ii), there is authorized to be appropriated for fiscal year 2021, for each program with respect to which amounts are authorized to be appropriated for fiscal year 2020 from an account other than the Highway Account or the Mass Transit Account under the titles described in subsection (b)(1), an amount not less than the amount authorized for appropriation with respect to the program under such titles for fiscal year 2020.

(ii) ADMINISTRATIVE EXPENSES.—Notwithstanding any other provision of this division, there is authorized to be appropriated from the general fund of the Treasury for fiscal year 2021 $140,016,543 for administrative expenses of the Federal Transit Administration.

(3) USE OF FUNDS.—Except as otherwise provided in this division, amounts authorized to be appropriated for fiscal year 2021 with respect to a program under paragraph (2) shall be distributed, administered, limited, and made available for obligation in the same manner as amounts authorized to be appropriated with respect to the program for fiscal year 2020 under the covered laws.

(4) OBLIGATION LIMITATION.—A program for which amounts are authorized to be appropriated under paragraph (2)(A) shall be subject to a limitation on obligations for fiscal year 2021 in the same amount and in the same manner as the limitation applicable with respect to the program for fiscal year 2020 under the Department of Transportation Appropriations Act, 2020 (Public Law 116–94), as in effect on December 20, 2019.

(b) Definitions.—In this section, the term “covered laws” means the following:

(1) Titles I, III, IV, V, and VI of division A of the FAST Act (Public Law 114–94).

(2) Division A, division B, subtitle A of title I and title II of division C, and division E of MAP–21 (Public Law 112–141).

(3) Titles I, II, and III of the SAFETEA–LU Technical Corrections Act of 2008 (Public Law 110–244).

(4) Titles I, II, III, IV, V, and VI of SAFETEA–LU (Public Law 109–59).

(5) Titles I, II, III, IV, and V of the Transportation Equity Act for the 21st Century (Public Law 105–178).

(6) Titles II, III, and IV of the National Highway System Designation Act of 1995 (Public Law 104–59).

(7) Title I, part A of title II, title III, title IV, title V, and title VI of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102–240).

(8) Title 23, United States Code.

(9) Sections 116, 117, 330, and 5505 and chapters 53, 139, 303, 311, 313, 701, and 702 of title 49, United States Code.

SEC. 102. Federal Highway Administration.

(a) Additional amounts.—

(1) AUTHORIZATION OF APPROPRIATIONS.—

(A) IN GENERAL.—In addition to amounts authorized under section 101, there is authorized to be appropriated from the Highway Account for fiscal year 2021, for activities under this section, $14,742,808,640.

(B) CONTRACT AUTHORITY.—Amounts authorized to be appropriated under subparagraph (A) shall be available for obligation as if apportioned under chapter 1 of title 23, United States Code.

(2) OBLIGATION CEILING.—

(A) IN GENERAL.—Notwithstanding any other provision of law, for fiscal year 2021, obligations for activities authorized under paragraph (1) shall not exceed $14,742,808,640.

(B) DISTRIBUTION OF OBLIGATION AUTHORITY.—

(i) IN GENERAL.—Of the obligation authority provided under subparagraph (A), the Secretary shall make available to States, Tribes, Puerto Rico, the territories, and Federal land management agencies, during the period of fiscal year 2021, amounts of obligation authority equal to the amounts described in subparagraphs (A) through (E) of paragraph (3), respectively.

(ii) FURTHER DISTRIBUTION.—Each State, each Tribe, Puerto Rico, each territory, and each Federal land management agency receiving funds under subparagraphs (A) through (E) of paragraph (3), respectively, shall receive an amount of obligation authority equal to the funds that it receives under any of such subparagraphs.

(C) REDISTRIBUTION OF UNUSED OBLIGATION AUTHORITY.—

(i) IN GENERAL.—Notwithstanding subparagraph (B), the Secretary shall, after August 1 of fiscal year 2021—

(I) revise a distribution of the obligation authority made available under subparagraph (B) if an amount distributed cannot be obligated during that fiscal year; and

(II) 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 sections 144 (as in effect on the day before the date of enactment of MAP–21 (Public Law 112–141)) and 104 of title 23, United States Code.

(ii) ADMINISTRATION.—The Secretary shall administer a redistribution under clause (i) of obligation authority provided under subparagraph (B) in a similar manner as the standard August redistribution.

(iii) USE OF OBLIGATION AUTHORITY.—A State may use obligation authority that it receives pursuant to this subparagraph in the same manner that it uses obligation authority that it receives as part of the standard August redistribution.

(3) DISTRIBUTION OF FUNDS.—Amounts authorized to be appropriated for fiscal year 2021 under paragraph (1) shall be distributed as follows:

(A) $14,384,629,710 to the States.

(B) $167,481,814 to Tribes.

(C) $52,400,251 to Puerto Rico.

(D) $13,929,181 to the territories.

(E) $124,367,684 to Federal land management agencies.

(4) STATE FUNDS.—

(A) DISTRIBUTION.—

(i) IN GENERAL.—Amounts made available under paragraph (3)(A) shall be distributed among the States in the same ratio as total State apportionments under section 104(c)(1) of title 23, United States Code, in fiscal year 2020.

(ii) SUBALLOCATION.—

(I) IN GENERAL.—Amounts distributed among the States under clause (i) shall be suballocated within the State to areas described in subclause (II) in the proportion that—

(aa) the total amount of funds suballocated to such areas of the State as described in such subclause for fiscal year 2020; bears to

(bb) the total amount of funds apportioned to the State for the Federal-aid highway program under section 104 of title 23, United States Code, for fiscal year 2020.

(II) AREAS DESCRIBED.—The areas described in this subclause are—

(aa) urbanized areas of the State with an urbanized area population of over 200,000;

(bb) areas of the State other than urban areas with a population greater than 5,000; and

(cc) other areas of the State.

(B) TREATMENT.—Except as otherwise provided in this paragraph, amounts made available under paragraph (3)(A) shall be administered as if apportioned under chapter 1 of title 23, United States Code.

(C) USE OF FUNDS.—Amounts made available under paragraph (3)(A) may be obligated for—

(i) eligible projects described in section 133(b) of title 23, United States Code, subject to section 133(c) of such title; and

(ii) administrative expenses, including salaries and benefits, of—

(I) the State department of transportation;

(II) a local transportation agency; or

(III) a metropolitan planning organization.

(5) TRIBAL FUNDS.—

(A) TREATMENT.—

(i) IN GENERAL.—Except as otherwise provided in this paragraph, amounts made available under paragraph (3)(B) shall be administered as if made available under section 202 of title 23, United States Code.

(ii) NONAPPLICABILITY OF CERTAIN PROVISIONS OF LAW.—Subsections (a)(6), (c), (d), and (e) of section 202 of title 23, United States Code, shall not apply to amounts made available under paragraph (3)(B).

(B) USE OF FUNDS.—Amounts made available under paragraph (3)(B) may be obligated for—

(i) activities eligible under section 202(a)(1) of title 23, United States Code; and

(ii) transportation-related administrative expenses, including salaries and benefits, of the Tribe.

(6) FUNDS FOR PUERTO RICO AND THE TERRITORIES.—

(A) TREATMENT.—

(i) IN GENERAL.—Except as otherwise provided in this paragraph, amounts made available under paragraphs (3)(C) and (3)(D) shall be administered as if allocated under sections 165(b) and 165(c), respectively, of title 23, United States Code.

(ii) NONAPPLICABILITY OF CERTAIN PROVISIONS OF LAW.—Section 165(b)(2) of title 23, United States Code, shall not apply to amounts made available to Puerto Rico under paragraph (3)(C).

(B) USE OF FUNDS.—

(i) PUERTO RICO.—Amounts made available to Puerto Rico under paragraph (3)(C) may be obligated for—

(I) activities eligible under chapter 1 of title 23, United States Code; and

(II) transportation related administrative expenses, including salaries and benefits.

(ii) TERRITORIES.—Amounts made available to a territory under paragraph (3)(D) may be obligated for—

(I) activities eligible under section 165(c)(6) of title 23, United States Code, subject to section 165(c)(7) of such title; and

(II) transportation-related administrative expenses, including salaries and benefits.

(7) FEDERAL LAND MANAGEMENT AGENCY FUNDS.—

(A) DISTRIBUTION.—Amounts made available under paragraph (3)(E) shall be distributed among the Federal land management agencies as follows:

(i) $99,494,147 for the National Park Service.

(ii) $9,949,415 for the United States Fish and Wildlife Service.

(iii) $6,301,296 for the United States Forest Service.

(iv) $8,622,826 to be allocated to the applicable Federal land management agencies as described in section 203(b) of title 23, United States Code.

(B) TREATMENT.—Amounts made available under paragraph (3)(E) shall be administered as if made available under section 203 of title 23, United States Code.

(8) DISADVANTAGED BUSINESS ENTERPRISES.—Section 1101(b) of the FAST Act (Public Law 114–94) shall apply to additional amounts made available under paragraph (1).

(b) Special rules for fiscal year 2021.—

(1) SUBALLOCATED AMOUNTS.—

(A) USE OF FUNDS.—Amounts authorized to be appropriated for fiscal year 2021 with respect to a program under section 101(a)(2)(A) that are suballocated pursuant to section 133(d)(1)(A) of title 23, United States Code, may be obligated for—

(i) eligible projects as described in section 133(b) of title 23, United States Code; or

(ii) administrative expenses, including salaries and benefits, of—

(I) a local transportation agency; or

(II) a metropolitan planning organization.

(B) OBLIGATION AUTHORITY.—

(i) IN GENERAL.—A State that is required to obligate in an urbanized area with an urbanized area population of over 200,000 individuals under section 133(d) of title 23, United States Code, funds apportioned to the State under section 104(b)(2) of such title shall make available during the period of fiscal years 2016 through 2021 an amount of obligation authority distributed to the State for Federal-aid highways and highway safety construction programs for use in the area that is equal to the amount obtained by multiplying—

(I) the aggregate amount of funds that the State is required to obligate in the area under section 133(d) of title 23, United States Code, during the period; and

(II) the ratio that—

(aa) the aggregate amount of obligation authority distributed to the State for Federal-aid highways and highway safety construction programs during the period; bears to

(bb) the total of the sums apportioned to the State for Federal-aid highways and highway safety construction programs (excluding sums not subject to an obligation limitation) during the period.

(ii) JOINT RESPONSIBILITY.—Each State, each affected metropolitan planning organization, and the Secretary shall jointly ensure compliance with clause (i).

(2) FERRY BOAT PROGRAM.—Amounts authorized to be appropriated for fiscal year 2021 with respect to a program under section 101(a)(2)(A) that are made available for the construction of ferry boats and ferry terminal facilities under section 147 of title 23, United States Code, may be obligated—

(A) in accordance with sections 129(c) and 147 of title 23, United States Code;

(B) for administrative expenses, including salaries and benefits, of a ferry boat operator or ferry terminal facility operator eligible for Federal participation under section 129(c) of title 23, United States Code; and

(C) for operating costs associated with a ferry boat or ferry terminal facility eligible for Federal participation under section 129(c) of title 23, United States Code.

(3) NATIONALLY SIGNIFICANT FREIGHT AND HIGHWAY PROJECTS.—In fiscal year 2021, the program carried out under section 117 of title 23, United States Code, shall, in addition to any otherwise applicable requirements, be subject to the following provisions:

(A) MULTIMODAL PROJECTS.—Notwithstanding subsection (d)(2)(A) of such section, the limitation for projects described in such subsection shall be $600,000,000 for fiscal years 2016 through 2021.

(B) ADDITIONAL CONSIDERATIONS.—Notwithstanding subsection (h)(2) of such section, the Secretary shall not consider the utilization of non-Federal contributions.

(C) EVALUATION AND RATING.—To evaluate applications for funding under such section, the Secretary shall—

(i) determine whether a project is eligible for a grant under such section;

(ii) evaluate, through a methodology that is discernible and transparent to the public, how each application addresses the merit criteria established by the Secretary;

(iii) assign a quality rating for each merit criteria for each application based on the evaluation under clause (ii);

(iv) ensure that applications receive final consideration by the Secretary to receive an award under such section only on the basis of such quality ratings and that the Secretary gives final consideration only to applications that meet the minimally acceptable level for each of the merit criteria; and

(v) award grants only to projects rated highly under the evaluation and rating process.

(D) PUBLICATION AND METHODOLOGY.—In any published notice of funding opportunity for a grant under such section, the Secretary shall include detailed information on the rating methodology and merit criteria to be used to evaluate applications.

(E) REPEAT APPLICATIONS.—

(i) BRIEFING.—The Secretary shall provide to each applicant that applied for, but did not receive, funding under such section in fiscal year 2019 or 2020, at the request of the applicant, the opportunity to receive a briefing to—

(I) explain any reasons the application was not selected for funding; and

(II) advise the applicant on how to improve the application for resubmission in fiscal year 2021 under the application criteria described in this paragraph.

(ii) SUPPLEMENTARY APPLICATION.—

(I) IN GENERAL.—An applicant for funding under such section may elect to resubmit an application from a previous solicitation with a supplementary appendix that describes how the proposed project meets the requirements of section 117 of title 23, United States Code, and this paragraph.

(II) REQUIREMENTS.—The Secretary shall ensure that applications submitted under subclause (I), including the supplementary appendix, are evaluated based on such requirements.

(F) CONGRESSIONAL NOTIFICATION.—A notification submitted pursuant to subsection (m) of such section shall include—

(i) a summary of each application submitted and, at the request of either Committee, a copy of any application submitted;

(ii) a list of any projects the Secretary determined were not eligible for funding;

(iii) a description of the specific criteria used for each evaluation, including the quality rating assigned for each eligible application submitted;

(iv) a list of all projects that advanced to the Secretary for consideration; and

(v) a detailed justification of the basis for each award proposed to be selected.

(c) Federal share.—

(1) IN GENERAL.—Except as provided in paragraph (3) and notwithstanding section 120 of title 23, United States Code, or any other provision of this division, the Federal share associated with funds described in paragraph (2) that are obligated during fiscal year 2021 may be up to 100 percent.

(2) FUNDS DESCRIBED.—The funds described in this paragraph are funds made available for the implementation or execution of Federal-aid highway and highway safety construction programs authorized under title 23 or 49, United States Code, the FAST Act (Public Law 114–94), or this division.

(3) EXCEPTIONS.—Paragraph (1) shall not apply to amounts obligated under section 115 or 117 of title 23, United States Code, or chapter 6 of such title.

(d) Administrative expenses.—

(1) SELF-CERTIFICATION AND AUDIT.—

(A) IN GENERAL.—Prior to the obligation of funds for administrative expenses pursuant to paragraph (4)(C)(ii), (5)(B)(ii), (6)(B)(i)(II), or (6)(B)(ii)(II) of subsection (a) or paragraphs (1)(A)(ii) and (2)(B) of subsection (b), a State, a Tribe, Puerto Rico, or a territory, as applicable, shall certify to the Secretary that such administrative expenses meet the requirements of such paragraphs, as applicable.

(B) AUDIT.—The Secretary may conduct an audit to review obligations of funds and liquidation of such obligations for eligible administrative expenses described under subparagraph (A).

(2) PLANNING.—Notwithstanding any other provision of law, administrative expenses described in paragraph (1)(A) shall not be required to be included in a metropolitan transportation plan, a long-range statewide transportation plan, a transportation improvement program, or a statewide transportation improvement program under sections 134 or 135 of title 23, United States Code, or chapter 53 of title 49, United States Code, as applicable.

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

(1) STANDARD AUGUST REDISTRIBUTION.—The term “standard August redistribution” means the redistribution of obligation authority and amounts that the Secretary is directed to administer under—

(A) section 1102(d) of the FAST Act (Public Law 114–94); or

(B) any Act making appropriations for the Department of Transportation for fiscal year 2021.

(2) STATE.—The term “State” means the 50 States and the District of Columbia.

(3) TERRITORY.—The term “territory” means any of the following territories of the United States:

(A) American Samoa.

(B) The Commonwealth of the Northern Mariana Islands.

(C) Guam.

(D) The United States Virgin Islands.

(4) URBAN AREA; URBANIZED AREA.—The terms “urban area” and “urbanized area” have the meanings given such terms in section 101 of title 23, United States Code.

SEC. 103. Federal Transit Administration.

(a) Additional amounts.—

(1) AUTHORIZATION OF APPROPRIATIONS FROM MASS TRANSIT ACCOUNT.—

(A) IN GENERAL.—In addition to amounts authorized under section 101, there is authorized to be appropriated from the Mass Transit Account for fiscal year 2021, for activities under this section, $5,794,851,538.

(B) APPORTIONMENT.—Amounts authorized under subparagraph (A) shall be apportioned in accordance with section 5310, section 5311 (other than subsections (b)(3), (c)(1)(A), and (c)(2) of such section), section 5336 (other than subsection (h)(4) of such section), section 5337, and section 5340 of title 49, United States Code, except that funds apportioned under section 5337 of such title shall be added to funds apportioned under section 5307 of such title for administration under section 5307 of such title.

(C) ALLOCATION.—The Secretary shall allocate the amounts authorized to be appropriated to sections 5307, 5310, 5311, 5337, and 5340 of title 49, United States Code, among such sections in the same ratio as funds are provided in the fiscal year 2020 appropriations.

(2) AUTHORIZATION OF APPROPRIATIONS FROM GENERAL FUND.—In addition to amounts authorized under section 101(a)(1)(B), there is authorized to be appropriated from the general fund of the Treasury—

(A) $958,000,000 to carry out section 5309 of title 49, United States Code; and

(B) such sums as may be necessary to be made available as described in subsection (c) and that such sums shall be designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

(3) DISADVANTAGED BUSINESS ENTERPRISES.—Section 1101(b) of the FAST Act (Public Law 114–94) shall apply to additional amounts made available under this subsection.

(b) Special rules for fiscal year 2021.—

(1) USE OF FUNDS.—Notwithstanding 5307(a)(1) of title 49, United States Code, amounts made available under subsection (a)(1)(A) may be obligated for—

(A) operating expenses, including, beginning on January 20, 2020—

(i) reimbursement for operating costs to maintain service and offset lost revenue, including the purchase of personal protective equipment; and

(ii) paying the administrative leave of operations personnel due to reductions in service; and

(B) any other activity eligible under section 5307, 5310, 5311, or 5337 of title 49, United States Code.

(2) CONDITIONS.—Recipients use of funds under paragraph (1) shall—

(A) not require that operating expenses described in paragraph (1)(A) be included in a metropolitan transportation plan, long-range statewide transportation plan, a transportation improvement program, or a statewide transportation improvement program;

(B) meet the requirements of section 5333 of title 49, United States Code; and

(C) to the maximum extent possible, be directed to payroll and public transit service, unless the recipient certifies to the Secretary that such recipient has not furloughed any employees.

(3) OVERSIGHT.—

(A) Of the amounts made available to carry out this section, the percentages available for oversight in section 5338(f)(1) of title 49, United States Code, shall apply to the allocations of funds in subsection (a)(1)(C).

(B) USE OF FUNDS.—Amounts made available under subsection (a)(1)(A) shall be available for administrative expenses and program management oversight as authorized under sections 5334 and 5338(f)(2) of title 49, United States Code.

(4) ADMINISTRATION OF GRANTS.—Amounts made available under subsection (a)(1)(A) shall be administered, at the option of the recipient, as grants provided under the CARES Act (Public Law 116–136) are administered.

(c) CIG COVID–19 emergency relief program.—

(1) IN GENERAL.—From amounts made available under subsection (a)(2)(B) and notwithstanding section 5309(k)(2)(C)(ii) or section 5309(l)(1)(B)(ii) of title 49, United States Code, at the request of a project sponsor, the Secretary shall use such sums as may be necessary to provide an additional 30 percent of total project costs for any project under—

(A) 5309(d) of title 49, United States Code, that has been approved for advancement into the engineering phase;

(B) 5309(e) of title 49, United States Code, that has entered into the project development phase or approved for advancement into the engineering phase; and

(C) subsection (d) or (e) of section 5309 of title 49, United States Code, that has a full funding grant agreement entered into under either such subsection after January 1, 2017.

(2) PROJECT ELIGIBILITY.—From amounts made available under subsection (a)(2)(B), the Secretary shall use such sums as may be necessary for projects under section 5309 of title 49, United States Code, that—

(A) are not eligible for funds made available under paragraph (1); and

(B) have remaining scheduled Federal funds to be appropriated under a full funding grant agreement under such section.

(3) DEFERRED LOCAL SHARE.—The Secretary shall allow a project sponsor to defer payment of the local share for any project described in paragraphs (1) and (2).

(4) TOTAL PROJECT COST.—In this subsection, the term “total project cost” means the most recent total project cost stipulated in—

(A) the full funding grant agreement;

(B) the approval into project engineering; or

(C) the project rating for a project not yet approved into project engineering.

(d) Federal share.—

(1) IN GENERAL.—Notwithstanding chapter 53 of title 49, United States Code, or any other provision of this division, the Federal share associated with funds described in paragraph (2) that are obligated during fiscal year 2021 may be up to 100 percent.

(2) FUNDS DESCRIBED.—The funds described in this paragraph are funds made available for the implementation of transit programs authorized by chapter 53 of title 49, United States Code, the FAST Act (Public Law 114–94), or this division, excluding funds made available to projects under section 5309 of title 49, United States Code.

(e) Condition for apportionment.—No funds authorized in this division or any other Act may be used to adjust Mass Transit Account apportionments or withhold funds from Mass Transit Account apportionments pursuant to section 9503(e)(4) of the Internal Revenue Code of 1986 in fiscal year 2021.

SEC. 104. National Highway Traffic Safety Administration.

(a) Special funding for fiscal year 2021.—

(1) IN GENERAL.—

(A) AUTHORIZATION OF APPROPRIATIONS.—In addition to amounts authorized under section 101, there is authorized to be appropriated from the Highway Account for fiscal year 2021, for activities under this subsection, $244,514,000.

(B) CONTRACT AUTHORITY.—Amounts authorized under subparagraph (A) shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code.

(2) DISTRIBUTION OF FUNDS.—Amounts authorized to be appropriated for fiscal year 2021 under paragraph (1) shall be distributed as follows:

(A) $105,000,000 for carrying out section 402 of title 23, United States Code.

(B) $15,312,000 for carrying out section 403 of title 23, United States Code.

(C) $19,202,000 for carrying out section 404 of title 23, United States Code.

(D) $105,000,000 for carrying out section 405 of title 23, United States Code.

(b) Special rules for fiscal year 2021.—

(1) FEDERAL SHARE.—Notwithstanding sections 120, 405(b)(2), 405(c)(2), 405(d)(2) and 405(h)(2) of title 23, United States Code, the Federal share of activities for fiscal year 2021 carried out under chapter 4 of title 23, United States Code and section 1906 of SAFETEA–LU (23 U.S.C. 402 note) shall be 100 percent.

(2) PERIOD OF AVAILABILITY.—Notwithstanding section 118(b) of title 23, United States Code, funds apportioned or allocated to a State in fiscal years 2017 and 2018 under sections 402 and 405 of title 23, United States Code, and section 1906 of SAFETEA–LU (23 U.S.C. 402 note), shall remain available for obligation in that State for a period of 4 years after the last day of the fiscal year for which the funds are authorized.

(3) MAINTENANCE OF EFFORT.—Notwithstanding section 405(a)(9) of title 23, United States Code, the Secretary may waive the maintenance of effort requirements under such section for fiscal year 2021 for a State, if the Secretary determines appropriate. Notwithstanding any other provision of law, this paragraph shall apply as if such paragraph was enacted on September 30, 2020.

(4) IN-VEHICLE ALCOHOL DETECTION DEVICE RESEARCH.—In carrying out subsection (h) of section 403 of title 23, United States Code, the Secretary may obligate from funds made available to carry out such section for fiscal year 2021 not more than $5,312,000 to conduct the research described in paragraph (1) of such subsection.

(5) COOPERATIVE RESEARCH AND EVALUATION.—Notwithstanding the apportionment formula set forth in section 402(c)(2) of title 23, United States Code, and section 403(f)(1) of title 23, United States Code, $2,500,000 of the total amount available for apportionment to the States for highway safety programs under section 402(c)(2) of title 23, United States Code, for each of fiscal years 2016 through 2021, shall be available for expenditure by the Secretary, acting through the Administrator of the National Highway Traffic Safety Administration, for a cooperative research and evaluation program to research and evaluate priority highway safety countermeasures. This paragraph shall apply as if such paragraph was enacted on October 1, 2015.

SEC. 105. Federal Motor Carrier Safety Administration.

(a) Special funding for fiscal year 2021.—

(1) AUTHORIZATION OF APPROPRIATIONS.—In addition to amounts authorized under section 101, there is authorized to be appropriated from the Highway Account for fiscal year 2021, for activities under this subsection, $209,900,000.

(2) DISTRIBUTION OF FUNDS.—Amounts authorized to be appropriated for fiscal year 2021 under paragraph (1) shall be distributed as follows:

(A) Subject to section 31104(c) of title 49, United States Code—

(i) $80,512,000 for carrying out section 31102 (except subsection (l)) of title 49, United States Code);

(ii) $14,208,000 for carrying out section 31102(l) of title 49, United States Code; and

(iii) $23,680,000 for carrying out section 31313 of title 49, United States Code.

(B) $91,500,000 for carrying out section 31110 of title 49, United States Code.

(3) TREATMENT OF FUNDS.—Except as provided in subsection (b), amounts made available under this section shall be made available for obligation and administered as if made available under chapter 311 of title 49, United States Code.

(b) Special rules for fiscal year 2021.—

(1) FINANCIAL ASSISTANCE AGREEMENTS FEDERAL SHARE.—Notwithstanding chapter 311 of title 49, United States Code, or any regulations adopted pursuant to such chapter, for the duration of fiscal year 2021 with respect to all financial assistance made available under subsection (a) and section 101, the Secretary of Transportation may—

(A) reimburse recipients under section 31104(b)(2) of title 49, United States Code, in an amount that is 100 percent of the costs described in such section; and

(B) waive the maintenance of effort requirement under 31102(f) of title 49, United States Code, for all States without requiring States to request a waiver.

(2) FINANCIAL ASSISTANCE AGREEMENTS PERIOD OF AVAILABILITY.—Notwithstanding section 31104(f) of title 49, United States Code, the Secretary shall extend the periods of availability described in such section by 1 year.

(3) ADMINISTRATIVE EXPENSES.—The Administrator of the Federal Motor Carrier Safety Administration shall ensure that funds made available under subsection (a)(2)(B) are used, to the maximum extent practicable, to support—

(A) the acceleration of planned investments to modernize the Administration’s information technology and information management systems;

(B) the completion of outstanding statutory mandates required by MAP–21 (112–141) and the FAST Act (114–94); and

(C) a Large Truck Crash Causal Factors Study of the Administration.

SEC. 106. Definitions.

In this division, the following definitions apply:

(1) HIGHWAY ACCOUNT.—The term “Highway Account” means the portion of the Highway Trust Fund that is not the Mass Transit Account.

(2) MASS TRANSIT ACCOUNT.—The term “Mass Transit Account” means the portion of the Highway Trust Fund established under section 9503(e)(1) of the Internal Revenue Code of 1986.

(3) SECRETARY.—The term “Secretary” means the Secretary of Transportation.

SEC. 1001. Applicability of division.

(a) Applicability.—This division, including the amendments made by this division, applies beginning on October 1, 2021.

(b) Reference to date of enactment.—In this division and the amendments made by this division, any reference to—

(1) the date of enactment of this Act;

(2) the date of enactment of a provision of this division;

(3) the date of enactment of a provision added to law by an amendment made by this division; or

(4) the date of enactment of the INVEST in America Act added to law by an amendment made by this division,

shall be treated as a reference to October 1, 2021.

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 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) $55,022,048,429 for fiscal year 2022;

(B) $55,980,646,776 for fiscal year 2023;

(C) $57,095,359,712 for fiscal year 2024; and

(D) $58,118,666,186 for fiscal year 2025.

(2) TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION PROGRAM.—For credit assistance under the transportation infrastructure finance and innovation program under chapter 6 of title 23, United States Code, $300,000,000 for each of fiscal years 2022 through 2025.

(3) CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL FACILITIES.—For construction of ferry boats and ferry terminal facilities under section 147 of title 23, United States Code, $120,000,000 for each of fiscal years 2022 through 2025.

(4) FEDERAL LANDS AND TRIBAL TRANSPORTATION PROGRAMS.—

(A) TRIBAL TRANSPORTATION PROGRAM.—For the tribal transportation program under section 202 of title 23, United States Code, $800,000,000 for each of fiscal years 2022 through 2025.

(B) FEDERAL LANDS TRANSPORTATION PROGRAM.—

(i) IN GENERAL.—For the Federal lands transportation program under section 203 of title 23, United States Code, $550,000,000 for each of fiscal years 2022 through 2025.

(ii) ALLOCATION.—Of the amount made available for a fiscal year under clause (i)—

(I) the amount for the National Park Service is $400,000,000 for each of fiscal years 2022 through 2025.

(II) the amount for the United States Fish and Wildlife Service is $50,000,000 for each of fiscal years 2022 through 2025; and

(III) the amount for the United States Forest Service is $50,000,000 for each of fiscal years 2022 through 2025.

(C) FEDERAL LANDS ACCESS PROGRAM.—For the Federal lands access program under section 204 of title 23, United States Code, $345,000,000 for each of fiscal years 2022 through 2025.

(D) FEDERAL LANDS AND TRIBAL MAJOR PROJECTS GRANTS.—To carry out section 208 of title 23, United States Code, $400,000,000 for each of fiscal years 2022 through 2025.

(5) TERRITORIAL AND PUERTO RICO HIGHWAY PROGRAM.—For the territorial and Puerto Rico highway program under section 165 of title 23, United States Code, $310,000,000 for each of fiscal years 2022 through 2025.

(6) PROJECTS OF NATIONAL AND REGIONAL SIGNIFICANCE.—For projects of national and regional significance under section 117 of title 23, United States Code—

(A) $2,200,000,000 for fiscal year 2022;

(B) $2,200,000,000 for fiscal year 2023;

(C) $2,300,000,000 for fiscal year 2024; and

(D) $2,350,000,000 for fiscal year 2025.

(7) COMMUNITY TRANSPORTATION INVESTMENT GRANTS.—To carry out section 173 of title 23, United States Code, $600,000,000 for each of fiscal years 2022 through 2025.

(8) ELECTRIC VEHICLE CHARGING AND HYDROGEN FUELING INFRASTRUCTURE GRANTS.—To carry out section 151(f) of title 23, United States Code, $350,000,000 for each of fiscal years 2022 through 2025.

(9) COMMUNITY CLIMATE INNOVATION GRANTS.—To carry out section 172 of title 23, United States Code, $250,000,000 for each of fiscal years 2022 through 2025.

(b) Additional programs.—

(1) IN GENERAL.—The following amounts are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account):

(A) GRIDLOCK REDUCTION GRANT PROGRAM.—To carry out section 1306 of this Act, $250,000,000 for fiscal year 2022.

(B) REBUILD RURAL GRANT PROGRAM.—To carry out section 1307 of this Act, $250,000,000 for fiscal year 2022.

(C) PARKING FOR COMMERCIAL MOTOR VEHICLES.—To carry out section 1308 of this Act, $250,000,000 for fiscal year 2023.

(D) ACTIVE TRANSPORTATION CONNECTIVITY GRANT PROGRAM.—To carry out section 1309 of this Act, $250,000,000 for fiscal year 2024.

(E) METRO PERFORMANCE PROGRAM.—To carry out section 1305 of this Act, $250,000,000 for each of fiscal years 2023 through 2025.

(2) TREATMENT OF FUNDS.—Amounts made available under subparagraphs (B) through (D) shall be administered as if apportioned under chapter 1 of title 23, United States Code.

(c) Disadvantaged business enterprises.—

(1) FINDINGS.—Congress finds that—

(A) while significant progress has occurred due to the establishment of the disadvantaged business enterprise program, discrimination and related barriers continue to pose significant obstacles for minority- and women-owned businesses seeking to do business in federally assisted surface transportation markets across the United States;

(B) the continuing barriers described in subparagraph (A) merit the continuation of the disadvantaged business enterprise program;

(C) Congress has received and reviewed testimony and documentation of race and gender discrimination from numerous sources, including congressional hearings and roundtables, scientific reports, reports issued by public and private agencies, news stories, reports of discrimination by organizations and individuals, and discrimination lawsuits, which show that race- and gender-neutral efforts alone are insufficient to address the problem;

(D) the testimony and documentation described in subparagraph (C) demonstrate that discrimination across the United States poses a barrier to full and fair participation in surface transportation-related businesses of women business owners and minority business owners and has impacted firm development and many aspects of surface transportation-related business in the public and private markets; and

(E) the testimony and documentation described in subparagraph (C) provide a strong basis that there is a compelling need for the continuation of the disadvantaged business enterprise program to address race and gender discrimination in surface transportation-related business.

(2) DEFINITIONS.—In this subsection, the following definitions apply:

(A) SMALL BUSINESS CONCERN.—

(i) IN GENERAL.—The term “small business concern” means a small business concern (as the term is used in section 3 of the Small Business Act (15 U.S.C. 632)).

(ii) EXCLUSIONS.—The term “small business concern” does not include any concern or group of concerns controlled by the same socially and economically disadvantaged individual or individuals that have average annual gross receipts during the preceding 3 fiscal years in excess of $26,290,000, as adjusted annually by the Secretary of Transportation for inflation.

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

SEC. 1102. Obligation limitation.

(a) General limitation.—Subject to subsection (e), and notwithstanding any other provision of law, the obligations for Federal-aid highway and highway safety construction programs shall not exceed—

(1) $62,059,350,954 for fiscal year 2022;

(2) $63,021,354,776 for fiscal year 2023;

(3) $64,246,443,712 for fiscal year 2024; and

(4) $65,080,125,186 for fiscal year 2025.

(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 2021, only in an amount equal to $639,000,000 for each of those fiscal years);

(14) section 203 of title 23, United States Code (but, for fiscal years 2022 through 2025, only in an amount equal to $550,000,000 for each of those fiscal years); and

(15) section 133(d)(1)(B) of title 23, United States Code (but, for fiscal years 2022 through 2025, only in an amount equal to $89,000,000 for each of those fiscal years).

(c) Distribution of obligation authority.—Subject to paragraph (1)(B), for each of fiscal years 2022 through 2025, the Secretary of Transportation—

(1) (A) shall not distribute obligation authority provided by subsection (a) for the fiscal year for—

(i) amounts authorized for administrative expenses and programs by 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 by section 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 2025, 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 sections 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 2022 through 2025—

(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 2022 through 2025, 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), (3), (4), (6), (8), (10), (11), (12), (13), (14), (16), (17), (18), (19), (20), (21), (23), (24), (25), (26), (28), (29), (32), (33), (34), (35), (36), (37), (38), (40), (41), (42), (43), and (44), respectively;

(B) by inserting before paragraph (2), as so redesignated, the following:

“(1) ADAPTATION.—The term ‘adaptation’ means an adjustment in natural or human systems in anticipation of, or in response to, a changing environment in a way that moderates negative effects of extreme events or climate change.”;

(C) by inserting after paragraph (4), as so redesignated, the following:

“(5) CLIMATE CHANGE.—The term ‘climate change’ means any significant change in the measures of climate lasting for an extended period of time, and may include major changes in temperature, precipitation, wind patterns, or sea level, among others, that occur over several decades or longer.”;

(D) paragraph (6)(A), as so redesignated, by inserting “assessing resilience,” after “surveying,”;

(E) by inserting after paragraph (6), as so redesignated, the following:

“(7) CONTEXT SENSITIVE DESIGN PRINCIPLE.—The term ‘context sensitive design principle’ means a principle 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, of users of the transportation facility, 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.”;

(F) by inserting after paragraph (8), as so redesignated, the following:

“(9) EVACUATION ROUTE.—The term ‘evacuation route’ means a transportation route or system that—

“(A) is used to transport—

“(i) the public away from an emergency event; or

“(ii) first responders and recovery resources in the event of an 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).”;

(G) by inserting after paragraph (14), as so redesignated, the following:

“(15) GREENHOUSE GAS.—The term ‘greenhouse gas’ has the meaning given the term in section 211(o)(1)(G) of the Clean Air Act (42 U.S.C. 21 7545(o)(1)(G)).”;

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

“(22) NATURAL INFRASTRUCTURE.—

“(A) IN GENERAL.—The term ‘natural infrastructure’ means infrastructure that uses, restores, or emulates natural ecological processes that—

“(i) is created through the action of natural physical, geological, 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.”;

(I) by inserting after paragraph (26), as so redesignated, the following:

“(27) PROTECTIVE FEATURE.—

“(A) IN GENERAL.—The term ‘protective feature’ means an improvement to a highway or bridge designed to increase resilience or mitigate the risk of recurring damage or the cost of future repairs from climate change effects, extreme events, seismic activity, or any other natural disaster.

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

“(i) raising roadway grades;

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

“(iv) adding scour protection at bridges;

“(x) scour, stream stability, coastal, and other hydraulic countermeasures; and

“(xi) the use of natural infrastructure.”;

(J) by inserting after paragraph (29), as so redesignated, the following:

“(30) REPEATEDLY DAMAGED FACILITY.—The term ‘repeatedly damaged facility’ means a road, highway, or bridge that has required repair and reconstruction activities on 2 or more occasions due to natural disasters or catastrophic 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.).

“(31) RESILIENCE.—

“(A) IN GENERAL.—The term ‘resilience’ means, with respect to a facility, the ability to—

“(i) anticipate, prepare for, or adapt to conditions; or

“(ii) withstand, respond to, or recover rapidly from disruptions.

“(B) INCLUSIONS.—Such term includes, with respect to a facility, the 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

(K) by inserting after paragraph (38), as so redesignated, the following:

“(39) 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 active travel; and

“(B) costs for low-income travelers.”; 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) $ 506,302,525 for fiscal year 2022;

“(B) $ 509,708,000 for fiscal year 2023;

“(C) $ 520,084,000 for fiscal year 2024; and

“(D) $ 530,459,000 for fiscal year 2025.”;

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

“(b) Division among programs of State’s share of apportionment.—The Secretary shall distribute the amount apportioned to a State for a fiscal year under subsection (c) among the covered programs as follows:

“(1) NATIONAL HIGHWAY PERFORMANCE PROGRAM.—For the national highway performance program, 55.09 percent of the amount remaining after distributing amounts under paragraphs (4), (6), and (7).

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

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

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

“(A) IN GENERAL.—For the congestion mitigation and air quality 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 2022;

“(ii) $2,964,919,535 for fiscal year 2023;

“(iii) $3,024,217,926 for fiscal year 2024; and

“(iv) $3,078,653,849 for fiscal year 2025.

“(C) STATE SHARE.—For each fiscal year, the Secretary shall distribute among the States the amount for the congestion mitigation and air quality improvement program under subparagraph (B) so that each State receives an amount equal to the proportion that—

“(i) the amount apportioned to the State for the congestion mitigation and air quality improvement program for fiscal year 2020; bears to

“(ii) the total amount of funds apportioned to all States for such 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), and (7).

“(6) METROPOLITAN PLANNING.—

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

“(B) TOTAL AMOUNT.—The total amount for metropolitan planning for all States shall be—

“(i) $507,500,000 for fiscal year 2022;

“(ii) $516,381,250 for fiscal year 2023;

“(iii) $526,708,875 for fiscal year 2024; and

“(iv) $536,189,635 for fiscal year 2025.

“(C) STATE SHARE.—For each fiscal year, the Secretary shall distribute among the States the amount for metropolitan planning under 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 2022 through 2025.

“(C) STATE SHARE.—

“(i) IN GENERAL.—For each fiscal year, the Secretary shall distribute among the States the amount for the railway crossings program under subparagraph (B) as follows:

“(I) 50 percent of the amount for a fiscal year shall be 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) PRE-DISASTER MITIGATION PROGRAM.—For the pre-disaster mitigation program, 2.96 percent of the amount remaining after distributing amounts under paragraphs (4), (6), and (7).

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

“(c) Calculation of amounts.—

“(1) STATE SHARE.—For each of fiscal years 2022 through 2025, the amount for each State shall be determined as follows:

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

“(i) the combined amount authorized for appropriation for the fiscal year for the covered programs; by

“(ii) the share for each State, which shall be equal to the proportion that—

“(I) the amount of apportionments that the State received for 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 2022 through 2025, 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) Definition of covered programs.—In this section, the term ‘covered programs’ means—

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

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

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

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

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

“(6) metropolitan planning under section 134;

“(7) the railway crossings program under section 130(e);

“(8) the predisaster mitigation program under section 124; and

“(9) the carbon pollution reduction program under section 171.”.

(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 (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, and the United States Forest Service;

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

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

(2) in subsection (e)—

(A) by striking “There is authorized” and inserting “For fiscal year 2022 and each fiscal year thereafter, there is authorized”; and

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

(3) 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 200,000 individuals; or

“(IV) 200,000 or more individuals;

“(vi) 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;

“(vii) the functional classification of the roadway on which such project is located; and

“(viii) available information on the estimated cost of such project as of the start of project construction, or the revised cost estimate based on a description of revisions to the scope of work or other factors affecting project cost other than cost overruns.

“(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 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 at the start of the fiscal year;

“(ii) the amount of funding obligated by the State during such fiscal year;

“(ii) the amount of funding remaining available for obligation by the State at the end of such fiscal year; and

“(iii) 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 State may implement a program under which a subrecipient has the option to exchange Federal funds allocated to such subrecipient in accordance with the requirements of this title for State or local funds if the State certifies to the Secretary that the State has prevailing wage and domestic content requirements that are comparable to the requirements under sections 113 and 313 and that such requirements shall apply to projects carried out using such funds if such projects would have been subject to the requirements of sections 113 and 313 if such projects were carried out using Federal funds.”;

(2) in subsection (h)(3)—

(A) in subparagraph (B) by striking “, as determined by the Secretary,”; and

(B) in subparagraph (D) by striking “shall assess” and inserting “in the case of a project proposed to be advanced as a public-private partnership, shall include a detailed value for money analysis or comparable analysis to determine”; and

(3) by adding at the end the following:

“(k) Megaprojects.—

“(1) COMPREHENSIVE RISK MANAGEMENT PLAN.—To be authorized for the 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).

“(2) NOTIFICATION AND OPPORTUNITY FOR COMMENT.—Not later than 30 days before making a determination to proceed with an experiment under a letter of interest described in paragraph (1), the Secretary shall provide notification and an opportunity for public comment on the letter of interest and the Secretary’s proposed response.

“(3) REPORT TO CONGRESS.—Not later than 2 years after the date of 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 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 30 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 award 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) Electric vehicle charging and hydrogen fueling infrastructure grants under section 151(f).

“(C) Federal lands and tribal major projects grants under section 208.

“(D) Safe, efficient mobility through advanced technologies grants under section 503(c)(4).”.

(c) Division office consistency.—Not later than 1 year after the date of 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.

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

(C) by adding at the end the following:

“(E) context sensitive design principles.”;

(4) by striking subsection (o) and inserting the following:

“(o) Compliance with State laws for non-NHS projects.—

“(1) IN GENERAL.—Projects (other than highway projects on the National Highway System) shall—

“(A) be designed, constructed, operated, and maintained in accordance with State laws, regulations, directives, safety standards, design standards, and construction standards; and

“(B) take into consideration context sensitive design principles.

“(2) DESIGN FLEXIBILITY.—

“(A) IN GENERAL.—A local jurisdiction may deviate from the roadway design publication used by the State in which the local jurisdiction is located for the design of a project on a roadway (other than a highway on the National Highway System) if—

“(i) the deviation is approved by the Secretary; and

“(ii) the design complies with all other applicable Federal laws.

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

“(C) PROGRAMMATIC BASIS.—The Secretary may approve a deviation under this paragraph on a project, multiple project, or programmatic basis.”; and

(5) by adding at the end the following:

“(s) Context sensitive design.—

“(1) CONTEXT SENSITIVE DESIGN STANDARDS.—The Secretary shall collaborate with American Association of State Highway Transportation Officials to ensure that any roadway design publications approved by the Secretary under this section provides 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) REQUIREMENTS.—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 carry out 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 alternative approaches to facility design; and

“(v) taking into consideration the findings of this guidance, establish model policies or procedures for a State or other project sponsor to evaluate the context of a proposed facility and select the appropriate facility design for the context.

“(C) TOPICS OF EMPHASIS.—In publishing the guidance described in this paragraph, the Secretary shall emphasize—

“(i) procedures for identifying the needs of users of all ages and abilities of a particular roadway;

“(ii) procedures for identifying the types and designs of facilities needed to serve each class of users;

“(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 clause (i) 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;”;

(2) by redesignating clause (vi) as clause (vii);

(3) in clause (v) by striking “or” at the end; and

(4) by inserting after clause (v) the following:

“(vi) innovative pavement materials that demonstrate reductions in greenhouse gas emissions through sequestration or innovative manufacturing processes; or”.

(b) Technical amendment.—Section 107(a)(2) of title 23, United States Code, is amended by striking “subsection (c) of”.

SEC. 1109. Transferability of Federal-aid highway funds.

Section 126(b) of title 23, United States Code, is amended—

(1) in the heading by inserting “and programs” after “set-asides”;

(2) in paragraph (1) by striking “and 133(d)(1)(A)” and inserting “, 130, 133(d)(1)(A), and 133(h)”; 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 subsection (a), 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 FOR FEDERAL PARTICIPATION.—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

“(iv) 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 as described in this paragraph, 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 provisions of this paragraph 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 this subsection, 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 this section, 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 variable 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 morning or evening weekday peak hour periods (or both).

“(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; and

“(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) 45 miles per hour, in the case of a toll facility with a speed limit of 50 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 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.”;

(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) SURPLUS REVENUES.—A State 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”; and

(D) by striking paragraph (10) and inserting the following:

“(10) INTEROPERABILITY OF ELECTRONIC TOLL COLLECTION.—All toll facilities on Federal-aid highways shall provide for the regional interoperability of electronic toll collection, including through technologies or business practices.

“(11) NONCOMPLIANCE.—If the Secretary concludes that a public authority has not complied with the requirements of this subsection, the Secretary may 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

(C) in the construction phase.

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”; and

(B) in paragraph (5) by striking subparagraph (B) and redesignating subparagraph (C) as subparagraph (B);

(2) in subsection (e)—

(A) by striking “Not later than 180 days after the date of enactment of this section, the Administrator” and inserting “The Administrator”;

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

(C) in paragraph (2) by striking the period at the end and inserting “; and”; and

(D) by adding at the end the following:

“(3) not later than 180 days after the date of enactment of the INVEST in America Act, update the requirements established under paragraph (1).”; and

(3) 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”; and

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

(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”; and

(5) by adding at the end the following:

“(h) Waiver procedure.—

“(1) IN GENERAL.—Not later than 120 days after the submission of a request for a waiver, the Secretary shall make a determination under paragraph (1) or (2) of subsection (b) as to whether subsection (a) shall apply.

“(2) PUBLIC NOTIFICATION AND COMMENT.—

“(A) IN GENERAL.—Not later than 30 days before making a determination regarding a waiver described in paragraph (1), the Secretary shall provide notification and an opportunity for public comment on the request for such waiver.

“(B) NOTIFICATION REQUIREMENTS.—The notification required under 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).

“(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.”.

(b) Conforming amendments.—

(1) CONSOLIDATED APPROPRIATIONS ACT, 2010.—Section 123 of title I of division A of the Consolidated Appropriations Act, 2010 (23 U.S.C. 313 note; Public Law 111–117) is repealed.

(2) CONSOLIDATED APPROPRIATIONS ACT, 2019.—Section 122 of title I of division H of the Consolidated Appropriations Act, 2019 (23 U.S.C. 313 note; Public Law 116–94) is repealed.

(3) 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. 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 Federal-aid highways and bridges on 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;

(C) in paragraph (2)—

(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, including protective features.

“(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 otherwise 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); and”; 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 on the National Highway System; and

“(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 transit 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

(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”.

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 construction activities, including construction of natural infrastructure or protective features, to—

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

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

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

“(i) improve the capacity or operation of such evacuation route through—

“(I) communications and intelligent transportation system equipment and infrastructure;

“(II) counterflow measures; and

“(III) shoulders; and

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

“(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).

“(C) For a project in a flood plain, the project sponsor considers hydrologic and hydraulic data and methods that integrate current and projected changes in flooding based on climate science and future land use changes over the anticipated service life of the surface transportation infrastructure asset.

“(3) PRIORITIZATION OF PROJECTS.—A State shall develop a process to prioritize projects under this section based on the degree to which the proposed project would—

“(A) be cost effective;

“(B) reduce the risk of disruption to a surface transportation infrastructure asset considered critical to support population centers, freight movement, economic activity, evacuation, recovery, or national security functions; 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), an extreme event, seismic activity, or any other natural disaster (including a wildfire).

“(2) SURFACE TRANSPORTATION INFRASTRUCTURE ASSET.—The term ‘surface transportation infrastructure asset’ means a facility eligible for assistance under this title or chapter 53 of title 49.”.

(2) CONFORMING AMENDMENT.—The analysis for chapter 1 of title 23, United States Code, is amended by inserting after the item relating to section 123 the following:


“124. Predisaster mitigation program.”.

(b) Metropolitan transportation planning.—

(1) AMENDMENTS TO TITLE 23.—

(A) CLIMATE CHANGE AND RESILIENCE.—Section 134(i)(2) of title 23, United States Code, is amended by adding at the end the following:

“(I) CLIMATE CHANGE AND RESILIENCE.—

“(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;

“(III) identifies evacuation routes, assesses the ability of any such routes to provide safe passage for evacuation and emergency response during an emergency event, and identifies any improvements or 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 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 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.—

“(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 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;

“(III) identifies evacuation routes, assesses the ability of any such routes to provide safe passage for evacuation and emergency response during an emergency event, and identifies any improvements or 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 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, as appropriate, with State, local, and Tribal officials responsible for land use, housing, resilience, hazard mitigation, and emergency management.”.

(B) RESILIENCE PROJECTS.—Section 5303(j)(3) of title 49, United States Code, is amended by adding at the end the following:

“(E) RESILIENCE PROJECTS.—The TIP shall—

“(i) identify projects that address the vulnerabilities identified by the assessment in subsection (i)(2)(I)(iii); and

“(ii) describe how each project identified under clause (i) would improve the resilience of the transportation system.”.

(c) Statewide and nonmetropolitan planning.—

(1) AMENDMENTS TO TITLE 23.—

(A) CLIMATE CHANGE AND RESILIENCE.—Section 135(f) of title 23, United States Code, is amended by adding at the end the following:

“(10) CLIMATE CHANGE AND RESILIENCE.—

“(A) IN GENERAL.—The transportation planning process shall assess 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;

“(iii) identifies evacuation routes, assesses the ability of any such routes to provide safe passage for evacuation and emergency response during an emergency event, and identifies any improvements or 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 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 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 135(g)(5)(B) of title 23, United States Code, is amended by adding at the end the following:

“(iii) RESILIENCE PROJECTS.—The STIP shall—

“(I) identify projects that address the vulnerabilities identified by the assessment in subsection (i)(10)(B); and

“(II) describe how each project identified under subclause (I) would improve the resilience of the transportation system.”.

(2) AMENDMENTS TO TITLE 49.—

(A) CLIMATE CHANGE AND RESILIENCE.—Section 5304(f) of title 49, United States Code, is amended by adding at the end the following:

“(10) CLIMATE CHANGE AND RESILIENCE.—

“(A) IN GENERAL.—The transportation planning process shall assess 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 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;

“(iii) identifies evacuation routes, assesses the ability of any such routes to provide safe passage for evacuation and emergency response during an emergency event, and identifies any improvements or 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 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 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 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 “subsection (e)(1)” and inserting “subsection (g)”;

(B) by redesignating paragraphs (3), (4), and (5) as paragraphs (4), (5), and (6), respectively; and

(C) by striking paragraphs (1) and (2) and inserting the following:

“(1) IN GENERAL.—The Secretary may expend funds from the emergency fund authorized by this section only for the repair or reconstruction of highways on Federal-aid highways in accordance with this chapter.

“(2) RESTRICTIONS.—

“(A) IN GENERAL.—No funds shall be expended from the emergency fund authorized by this section unless—

“(i) an emergency has been declared by the Governor of the State with concurrence by the Secretary, unless the President has declared the emergency to be a major disaster for the purposes of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) for which concurrence of the Secretary is not required; and

“(ii) the Secretary has received an application from the State transportation department that includes a comprehensive list of all eligible project sites and repair costs by not later than 6 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.

“(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

(C) by redesignating paragraphs (2) and (3), as amended, as paragraphs (1) and (2), respectively;

(6) by redesignating subsections (c) through (g), as amended, as subsections (b) through (f), respectively; and

(7) by adding at the end the following:

“(g) 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(g)”.

(2) TRIBAL TRANSPORTATION PROGRAM.—Section 202(b)(6)(A) of title 23, United States Code, is amended by striking “section 125(e)” and inserting “section 125(d)”.

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

(C) by striking “, subject to section 120 and subsection (b) of this section,”;

(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 (including installation and replacement) of 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 such improvements.

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

(C) 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”; and

(D) by adding at the end the following:

“(16) Protective features (including natural infrastructure) to enhance the resiliency 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.”;

(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;”;

(C) by redesignating paragraph (4) as paragraph (5); and

(D) by inserting after paragraph (3) the following:

“(4) for a project described in section 5308 of title 49; and”;

(5) in subsection (d)—

(A) in paragraph (1)—

(i) by inserting “each fiscal year” after “apportioned to a State”;

(ii) by striking “the reservation of” and inserting “setting aside”; and

(iii) in subparagraph (A)—

(I) by striking “the percentage specified in paragraph (6) for a fiscal year” and inserting “55 percent”;

(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 2022 through 2025.

“(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.”;

(C) in the heading for paragraph (4) by striking “over 200,000” and inserting “greater than 200,000”;

(D) by striking paragraph (6) and inserting the following:

“(6) TECHNICAL ASSISTANCE.—

“(A) IN GENERAL.—The State and all metropolitan planning organizations in the State that represent an urbanized area with a population of greater than 200,000 shall jointly establish a program to improve the ability of 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 1 or more full-time State employee positions to administer this subsection.

“(B) ELIGIBLE FUNDS.—To carry out this paragraph—

“(i) a State shall set aside an amount equal to 1 percent of the funds available under paragraph (1)(A)(i); and

“(ii) at the request of an eligible metropolitan planning organization, the State and metropolitan planning organization may jointly agree to use additional funds available under paragraph (1)(A)(i).

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

“(i) directly by the State; or

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

(6) in subsection (e)(1)—

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

(B) by striking “2016 through 2020” and inserting “2022 through 2025”;

(7) by striking subsection (f) and inserting the following:

“(f) Bridges not on Federal-Aid highways.—

“(1) DEFINITION OF OFF-SYSTEM BRIDGE.—In this subsection, the term ‘off-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 in fiscal year 2020.

“(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)(1)—

(A) by striking “subsection (d)(1)(A)(ii) for each of fiscal years 2016 through 2020” and inserting “subsection (d)(1)(A)(iv) for each fiscal year”;

(B) by inserting “rural” after “functionally classified as”; and

(C) by inserting “or on critical rural freight corridors designated under section 167(e)” after “minor collectors”.

(b) Clerical amendment.—The analysis for chapter 1 of title 23, United States Code, is amended by striking the item relating to section 133 and inserting the following:


“133. Surface transportation program.”.

(c) Conforming amendments.—

(1) ADVANCE ACQUISITION OF REAL PROPERTY.—Section 108(c) of title 23, United States Code, is amended—

(A) in paragraph (2)(A) by striking “block grant”; and

(B) in paragraph (3) by striking “block grant”.

(2) NONDISCRIMINATION.—Section 140(b) of title 23, United States Code, is amended by striking “block grant”.

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

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

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

(6) TERRITORIAL AND PUERTO RICO HIGHWAY PROGRAM.—Section 165 of title 23, United States Code, is amended—

(A) in subsection (b)(2)(A)(ii) by striking “block grant”; and

(B) in subsection (c)(6)(A)(i) by striking “block grant”.

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

(8) TRAINING AND EDUCATION.—Section 504(a)(4) of title 23, United States Code, is amended by striking “block grant”.

SEC. 1206. Transportation alternatives program.

Section 133(h) of title 23, United States Code, is amended to read as follows:

“(h) Transportation alternatives program set-Aside.—

“(1) SET ASIDE.—For each fiscal year, of the total funds apportioned to all States under section 104(b)(2) for a fiscal year, the Secretary shall set aside an amount such that—

“(A) the Secretary sets aside a total amount under this subsection for a fiscal year equal to 10 percent of such total funds; and

“(B) the State’s share of the amount set aside under subparagraph (A) is determined by multiplying the amount set aside under subparagraph (A) by the ratio that—

“(i) the amount apportioned to the State for the transportation 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 subsection (d), 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 the entities described in clause (i)(I).

“(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, 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 or metropolitan planning organization required to obligate funds in accordance with paragraph (2) 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) ELIGIBLE ENTITY DEFINED.—In this paragraph, the term ‘eligible entity’ means—

“(i) a local government;

“(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 (x).

“(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 1 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.

“(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(b).

“(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 that the State—

“(I) held a competition in compliance with the requirements of this subsection in such form as the Secretary determines appropriate;

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

“(III) demonstrates 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 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 location, the type, and a brief description.

“(B) PUBLIC AVAILABILITY.—The Secretary shall make available to the public, in a user-friendly format on the website of the Department of 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 2022 to 2025, 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 or provide support for the condition and performance of bridges on public roads within the State; and

“(iii) 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; and

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

“(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 (E) by inserting “Tribal,” after “State,”;

(ii) by redesignating subparagraphs (G), (H), and (I) as subparagraphs (H), (I), and (J), respectively; and

(iii) by inserting after subparagraph (F) the following:

“(G) includes a vulnerable road user safety assessment described under paragraph (16);”;

(C) by redesignating paragraphs (10), (11), and (12) as paragraphs (12), (13), and (14), respectively;

(D) by inserting after paragraph (9) the following:

“(10) SAFE SYSTEM APPROACH.—The term ‘safe system approach’ means a roadway design that emphasizes minimizing the risk of injury or fatality to road users and that—

“(A) takes into consideration the possibility and likelihood of human error;

“(B) accommodates human injury tolerance by taking into consideration likely accident 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) 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.

“(16) VULNERABLE ROAD USER SAFETY ASSESSMENT.—The term ‘vulnerable road user safety assessment’ means an assessment of the safety performance of the State with respect to vulnerable road users and the plan of the State 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 a State determines that the fatality rate on rural roads in such State for the most recent 2-year period for which data are available exceeds the median fatality rate for rural roads among all States, that State shall be required to—

“(i) obligate over the 2 fiscal years following the fiscal year in which such determination is made for projects on high-risk rural roads an amount not less than 7.5 percent of the amounts apportioned to the State under section 104(b)(3) for fiscal year 2020; and

“(ii) include, in the subsequent update to the State strategic highway safety plan, strategies to reduce the fatality rate.

“(B) SOURCE OF FUNDS.—Any amounts obligated under subparagraph (A) shall be from amounts apportioned under section 104(b)(2) (from the portion of such funds that are available for obligation in any area of the State).

“(C) 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”; and

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

(C) by adding at the end the following:

“(3) VULNERABLE ROAD USER SAFETY.—

“(A) IN GENERAL.—Beginning 2 years after the date of enactment of the INVEST in America Act, if a State determines that the number of vulnerable road user fatalities and serious injuries per capita in such State over the most recent 2-year period for which data are available exceeds the median number of such fatalities and serious injuries 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 for projects identified in the program of projects described in subsection (l)(2)(C).

“(B) SOURCE OF FUNDS.—Any amounts obligated under subparagraph (A) shall be from amounts apportioned under section 104(b)(2) (from the portion of such funds that are available for obligation in any area of the State).”;

(6) in subsection (h)(1)(A) by inserting “, including any efforts to reduce vehicle speed” after “under this section”; and

(7) by adding at the end the following:

“(l) Vulnerable road user safety assessment.—

“(1) IN GENERAL.—Not later than 2 years 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 and the design speed of the roadway at any such location;

“(B) a description of any corridors identified by a State that pose a high risk of a vulnerable road user fatality or serious injury and the design speeds of such corridors; and

“(C) a program of projects or strategies to reduce safety risks to vulnerable road users in corridors 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) consult 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.”.

(b) Technical amendment.—Section 148 of title 23, United States Code, is amended—

(1) in the heading for subsection (a)(8) by striking “Road users” and inserting “Road user”; and

(2) in subsection (i)(2)(D) by striking “safety safety” and inserting “safety”.

(c) High-risk rural roads.—

(1) STUDY.—Not later than 2 years after the date of enactment of this Act, the Secretary of Transportation shall update the study described in paragraph (1) of section 1112(b) of MAP–21 (23 U.S.C. 148 note).

(2) PUBLICATION OF REPORT.—Not later than 2 years after the date of 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),” after “carsharing,”;

(C) in paragraph (8)(B) by striking “; or” and inserting a semicolon;

(D) in paragraph (9) by striking the period and inserting “; or”; and

(E) by adding at the end the following:

“(10) if the project or program mitigates seasonal or temporary traffic 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.

“(2) TIME LIMITATION.—Funds obligated under paragraph (1) shall have—

“(A) a time limitation of not less than 3 years; and

“(B) in the case of projects that demonstrate continued net air quality benefits, as determined annually by the Secretary in consultation with the Administrator of the Environmental Protection Agency, no imposed time limitation.”.

SEC. 1211. Electric vehicle charging stations.

(a) Electric vehicle charging stations.—Chapter 1 of title 23, United States Code, is amended by inserting after section 154 the following new section:

§ 155. Electric vehicle charging stations

“(a) In general.—Any electric vehicle charging infrastructure funded under this title shall be subject to the requirements of this section.

“(b) Interoperability.—

“(1) IN GENERAL.—Electric vehicle charging stations shall provide, at a minimum, the following charging connector types:

“(A) CCS.

“(B) CHAdeMO.

“(2) SAVINGS CLAUSE.—Nothing in this subsection shall prevent the use of charging types other than the connectors described in paragraph (1) if, at a minimum, such connectors meet applicable industry standards and are compatible with a majority of electric vehicles in operation.

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

“(d) Treatment of projects.—Notwithstanding any other provision of law, any project to install electric vehicle charging infrastructure shall be treated as if the project is located on a Federal-aid highway.”.

(b) Clerical amendment.—The analysis for chapter 1 of title 23, United States Code, is amended by inserting after the item relating to section 154 the following new item:


“155. Electric vehicle charging stations.”.

(c) Electric vehicle charging signage.—The Secretary of Transportation shall update the Manual on Uniform Traffic Control Devices to—

(1) ensure uniformity in providing road users direction to electric charging stations that are open to the public; and

(2) allow the use of Specific Service signs for electric vehicle charging station providers.

SEC. 1212. National highway freight program.

Section 167 of title 23, United States Code, is amended—

(1) in subsection (b)—

(A) in paragraph (6) by striking “; and” and inserting a semicolon; and

(B) by striking paragraph (7) and inserting the following:

“(7) to reduce the environmental impacts of freight movement on the National Highway Freight Network, including—

“(A) greenhouse gas emissions;

“(B) local air pollution;

“(C) minimizing, capturing, or treating stormwater runoff and addressing other adverse impacts to water quality; and

“(D) wildlife habitat loss; and

“(8) to decrease any adverse impact of freight transportation on communities located near freight facilities or freight corridors.”;

(2) in subsection (e) by adding at the end the following:

“(3) ADDITIONAL MILEAGE.—Notwithstanding paragraph (2), a State that has designated at least 90 percent of its maximum mileage described in paragraph (2) may designate up to an additional 150 miles of critical rural freight corridors.”;

(3) in subsection (f) by adding at the end the following:

“(5) ADDITIONAL MILEAGE.—Notwithstanding paragraph (4), a State that has designated at least 90 percent of its maximum mileage described in paragraph (4) may designate up to an additional 75 miles of critical urban freight corridors under paragraphs (1) and (2).”;

(4) in subsection (h) by striking “Not later than” and all that follows through “shall prepare” and inserting “As part of the report required under section 503(b)(8), the Administrator shall biennially prepare”;

(5) in subsection (i)—

(A) by striking paragraphs (2) and (3);

(B) by amending paragraph (4) to read as follows:

“(4) FREIGHT PLANNING.—Notwithstanding any other provision of law, a State may not obligate funds apportioned to the State under section 104(b)(5) unless the State has developed, updated, or amended, as applicable, a freight plan in accordance with section 70202 of title 49.”;

(C) in paragraph (5)—

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

“(B) LIMITATION.—The Federal share of a project described in 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”.

SEC. 1213. Carbon pollution reduction.

(a) In general.—Chapter 1 of title 23, United States Code, is amended by adding at the end the following:

§ 171. Carbon pollution reduction

“(a) Establishment.—The Secretary shall establish a carbon pollution reduction program to support the reduction of greenhouse gas emissions from the surface transportation system.

“(b) Eligible projects.—A project is eligible for funding under this section if such project—

“(1) is expected to yield a significant reduction in greenhouse gas emissions from the surface transportation system;

“(2) will help a State meet the greenhouse gas emissions performance targets established under section 150(c)(7); and

“(3) is eligible for assistance under this title or under chapter 53 of title 49; or

“(4) is 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.—With respect to funds provided for an eligible project under this section, a State may use not more than 10 percent of such funds for operating expenses relating to such project if such project is for public transportation, passenger rail, or transportation systems management and operations.

“(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), 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), 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); 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.”.

SEC. 1214. Recreational trails.

Section 206 of title 23, United States Code, is amended by adding at the end the following:

“(j) Use of other apportioned funds.—Funds apportioned to a State under 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.

“(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) Treatment of projects.—Notwithstanding any other provision of law, projects carried out under this section shall be treated as projects on a Federal-aid highway under chapter 1 of this title.

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

“(1) IN THE VICINITY OF SCHOOLS.—The term ‘in the vicinity of schools’ means, with respect to a school, the area within bicycling and walking distance of the school (approximately 2 miles).

“(2) PRIMARY, MIDDLE, AND HIGH SCHOOLS.—The term ‘primary, middle, and high schools’ means schools providing education from kindergarten through twelfth grade.”.

(b) Technical and conforming amendments.—

(1) REPEAL.—Section 1404 of SAFETEA–LU (Public Law 109–59; 119 Stat. 1228–1230), and the item relating to such section in the table of contents in 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 “one or more positions”;

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

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

“(2) ELECTRIC BICYCLE.—The term ‘electric bicycle’ means any bicycle, tricycle, or other motorized conveyance—

“(A) weighing under 100 pounds;

“(B) with a low-powered electric motor;

“(C) with a top motor-powered speed not in excess of 20 miles per hour; and

“(D) that can safely share a bicycle transportation facility with other users of such facility.”.

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, 30 percent of the amount apportioned under this chapter to the State in the most recently completed fiscal year; or

“(II) located in more than 1 State, 50 percent of the amount apportioned under this chapter to the participating State 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;

“(B) a project to improve person throughput that is—

“(i) a highway project carried out on the National Highway System;

“(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) 1 or more stable and dependable sources of funding and financing to construct, maintain, and operate the project; and

“(B) contingency amounts to cover unanticipated cost increases;

“(5) cannot be easily and efficiently completed without additional Federal funding or financial assistance available to the project sponsor, beyond existing Federal apportionments; and

“(6) is reasonably expected to begin construction not later than 18 months after the date of obligation of funds for the project.

“(h) Merit criteria and considerations.—

“(1) MERIT CRITERIA.—In awarding a grant under this section, the Secretary shall evaluate the following merit criteria:

“(A) The extent to which the project supports achieving a state of good repair.

“(B) The level of benefits the project is expected to generate, including—

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

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

“(iii) safety benefits, including the reduction of accidents and related costs;

“(iv) improved person or freight throughput, including congestion reduction and reliability improvements;

“(v) national and regional economic benefits;

“(vi) resilience benefits;

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

“(viii) benefits to all users of the project, including pedestrian, 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.

“(2) ADDITIONAL CONSIDERATIONS.—In awarding a grant under this section, the Secretary shall also consider the following:

“(A) Whether the project serves an area of persistent poverty.

“(B) 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.

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

“(D) Whether the project provides new or improved connections between at least 2 metropolitan areas with a population of at least 500,000.

“(i) Project selection.—

“(1) EVALUATION.—To evaluate applications for funding under this section, the Secretary shall—

“(A) determine whether a project is eligible for a grant under this section;

“(B) evaluate, through a methodology that is discernible and transparent to the public, how each application addresses the merit criteria pursuant to subsection (h);

“(C) assign a quality rating for each merit criteria for each application based on the evaluation in subparagraph (B);

“(D) ensure that applications receive final consideration by the Secretary 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 2022 through 2025.

“(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) 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 American requirements under section 313 of this title and sections 5320, 22905(a), and 24305(f) of title 49 to a multimodal project under this paragraph, the Secretary shall—

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

“(ii) seek to maximize domestic jobs.

“(3) FEDERAL-AID HIGHWAY REQUIREMENTS.—Notwithstanding any other provision of this subsection, the Secretary shall require recipients of grants under this section to comply with subsection (a) of section 113 with respect to public transportation projects, passenger rail projects, and freight rail projects, in the same manner that recipients of grants are required to comply with such subsection for construction work performed on highway projects on Federal-aid highways.

“(l) TIFIA program.—At the request of an eligible entity under this section, the Secretary may use amounts awarded to the entity to pay subsidy and administrative costs necessary to provide the entity Federal credit assistance under chapter 6 with respect to the project for which the grant was awarded.

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

“(n) Technical assistance.—Of the amounts made available to carry out this section, the Secretary may reserve up to $5,000,000,000 to provide technical assistance to eligible entities.

“(o) Congressional Review.—

“(1) NOTIFICATION.—Not less than 60 days before making an award under this section, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on 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).

“(p) Transparency.—

“(1) IN GENERAL.—Not later than 30 days after awarding a grant for a project under this section, the Secretary shall send to all applicants, and publish on the website of the Department of Transportation—

“(A) a summary of each application made to the program for the grant application period; and

“(B) the evaluation and justification for the project selection, including ratings assigned to all applications and a list of applications that received final consideration by the Secretary to receive an award under this section, for the grant application period.

“(2) BRIEFING.—The Secretary shall provide, at the request of a grant applicant under this section, the opportunity to receive a briefing to explain any reasons the grant applicant was not awarded a grant.

“(q) Definitions.—In this section:

“(1) AREAS OF PERSISTENT POVERTY.—The term ‘areas of persistent poverty’ has the meaning given such term in section 172(l).

“(2) ELIGIBLE ENTITY.—The term ‘eligible entity’ means—

“(A) a State or a group of States;

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

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

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

“(E) a tribal government or a consortium of tribal governments;

“(F) a Federal agency eligible to receive funds under section 201, 203, or 204 that applies jointly with a State or group of States; and

“(G) 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—

“(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 such land), environmental mitigation, construction contingencies, acquisition of equipment, and operational improvements.

“(e) Rural areas.—

“(1) IN GENERAL.—The Secretary shall reserve not less than 25 percent of the amounts made available to carry out this section for projects located in rural areas.

“(2) DEFINITION OF RURAL AREA.—In this subsection, the term ‘rural area’ means all areas of a State not included in urbanized areas.

“(3) EXCESS FUNDING.—If the Secretary determines that there are insufficient qualified applicants to use the funds set aside under this subsection, the 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) compare the total benefits of each application submitted, as determined by the rating system developed under paragraph (2), with the costs of such application, 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 developed under 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 developed under 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 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.

“(C) BUY AMERICA.—In applying the Buy American requirements under section 313 of this title and sections 5320, 22905(a), and 24305(f) of title 49 to a multimodal project under this paragraph, the Secretary shall—

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

“(ii) seek to maximize domestic jobs.

“(3) FEDERAL-AID HIGHWAY REQUIREMENTS.—Notwithstanding any other provision of this subsection, the Secretary shall require recipients of grants under this section to comply with subsection (a) of section 113 with respect to public transportation projects, passenger rail projects, and freight rail projects, in the same manner that recipients of grants are required to comply with such subsection for construction work performed on highway projects on Federal-aid highways.

“(l) Transparency.—

“(1) IN GENERAL.—Not later than 30 days after awarding a grant for a project under this section, the Secretary shall send to all applicants, and publish on the website of the Department of Transportation—

“(A) a summary of each application made to the program for the grant application period; and

“(B) the evaluation and justification for the project selection, including ratings and rankings assigned to all applications and a list of applications that received final consideration by the Secretary to receive an award under this section, for the grant application period.

“(2) BRIEFING.—The Secretary shall provide, at the request of a grant applicant under this section, the opportunity to receive a briefing to explain any reasons the grant applicant was not awarded a grant.

“(m) Definitions.—In this section:

“(1) ELIGIBLE ENTITY.—The term ‘eligible entity’ means—

“(A) a metropolitan planning organization;

“(B) a unit of local government;

“(C) a transit agency;

“(D) a Tribal Government or a consortium of tribal governments;

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

“(F) a State that applies for a grant under this section jointly with an entity described in subparagraphs (A) through (E).

“(2) ELIGIBLE PROJECT.—The term ‘eligible project’ means any project eligible under this title or chapter 53 of title 49.”.

(b) Clerical amendment.—The analysis for chapter 1 of title 23, United States Code, is further amended by adding at the end the following new item:


“173. Community transportation investment grant program.”.

SEC. 1303. Grants for charging and fueling infrastructure to modernize and reconnect America for the 21st century.

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

(b) Grant program.—Section 151 of title 23, United States Code, is amended—

(1) in subsection (a) by striking “Not later than 1 year after the date of 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 “5 years after the date of establishment of the corridors under subsection (a), and every 5 years thereafter” and inserting “180 days after the date of enactment of the INVEST in America Act”; and

(B) by inserting “establish a recurring process to regularly” after “the Secretary shall”;

(4) in subsection (e)—

(A) in paragraph (1) by striking “; and” and inserting a semicolon;

(B) in paragraph (2)—

(i) by striking “establishes an aspirational goal of achieving” and inserting “describes efforts to achieve”; and

(ii) by striking “by the end of fiscal year 2020.” and inserting a semicolon; and

(C) by adding at the end the following:

“(3) summarizes best practices and provides guidance, developed through consultation with the Secretary of Energy, for project development of electric vehicle charging infrastructure, hydrogen fueling infrastructure, and natural gas fueling infrastructure at the State, tribal, and local level to allow for the predictable deployment of such infrastructure; and

“(4) summarizes the progress and implementation of the grant program under subsection (f), including—

“(A) a description of how funds awarded through the grant program under subsection (f) will aid efforts to achieve strategic deployment of electric vehicle charging infrastructure and hydrogen fueling infrastructure in those corridors;

“(B) the total number and location of charging stations installed under subsection (f); and

“(C) the total estimated greenhouse gas emissions that have been reduced through the use of electric vehicle charging or hydrogen fueling infrastructure funded under subsection (f) using the methodology identified in paragraph (3)(B).”; and

(5) by adding at the end the following:

“(f) Electric vehicle charging and hydrogen fueling infrastructure grants.—

“(1) ESTABLISHMENT.—Not later than 1 year after the date of enactment of the INVEST in America Act, the Secretary shall establish a grant program to award grants to eligible entities for electric vehicle charging and hydrogen fueling infrastructure projects.

“(2) ELIGIBLE ENTITY.—An entity eligible to receive a grant under this subsection is—

“(A) a State or political subdivision of a State;

“(B) a metropolitan planning organization;

“(C) a unit of local government;

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

“(E) a Tribal government;

“(F) an authority, agency, or instrumentality of, or an entity owned by, 1 or more of the entities described in subparagraphs (A) through (E); or

“(G) a group of entities described in subparagraphs (A) through (F).

“(3) APPLICATION.—To be eligible to receive a grant under this subsection, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary shall require, including—

“(A) a description of—

“(i) the public accessibility of the charging or fueling infrastructure proposed to be funded with a grant under this subsection, including—

“(I) charging or fueling connector types;

“(II) publicly available information on real-time availability; and

“(III) payment methods available to all members of the public to ensure secure, convenient, fair, and equal access and not limited by membership to a particular provider;

“(ii) collaborative engagement with the entity with jurisdiction over the roadway and any other relevant stakeholders (including automobile manufacturers, utilities, infrastructure providers, technology providers, electric charging and hydrogen fuel providers, metropolitan planning organizations, States, Indian Tribes, units of local government, fleet owners, fleet managers, fuel station owners and operators, labor organizations, infrastructure construction and component parts suppliers, and multistate and regional entities)—

“(I) to foster enhanced, coordinated, public-private or private investment in electric vehicle charging and hydrogen fueling infrastructure;

“(II) to expand deployment of electric vehicle charging or hydrogen fueling infrastructure;

“(III) to protect personal privacy and ensure cybersecurity; and

“(IV) to ensure that a properly trained workforce is available to construct and install electric vehicle charging or hydrogen fueling infrastructure;

“(iii) the location of the station or fueling site, including consideration of—

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

“(II) access in compliance with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.);

“(III) height and fueling capacity requirements for facilities that charge or refuel large vehicles, including semitrailer trucks; and

“(IV) appropriate distribution to avoid redundancy and fill charging or fueling gaps;

“(iv) infrastructure installation that can be responsive to technology advancements, including accommodating autonomous vehicles and future charging methods;

“(v) the long-term operation and maintenance of the electric vehicle charging or hydrogen fueling infrastructure to avoid stranded assets and protect the investment of public funds in such infrastructure; and

“(vi) in the case of an applicant that is not a State department of transportation, the degree of coordination with the applicable State department of transportation; and

“(B) an assessment of the estimated greenhouse gas emissions and air pollution from vehicle emissions that will be reduced through the use of electric vehicle charging or hydrogen fueling infrastructure, which shall be conducted using one standardized methodology or tool as determined by the Secretary.

“(4) CONSIDERATIONS.—In selecting eligible entities to receive a grant under this subsection, the Secretary shall—

“(A) consider the extent to which the application of the eligible entity would—

“(i) reduce estimated greenhouse gas emissions and air pollution from vehicle emissions, weighted by the total Federal investment in the project;

“(ii) improve alternative fueling corridor networks by—

“(I) converting corridor-pending corridors to corridor-ready corridors; or

“(II) in the case of corridor-ready corridors, providing additional capacity—

“(aa) to meet excess demand for charging or fueling infrastructure; or

“(bb) to reduce congestion at existing charging or fueling infrastructure in high-traffic locations;

“(iii) meet current or anticipated market demands for charging or fueling infrastructure;

“(iv) enable or accelerate the construction of charging or fueling infrastructure that would be unlikely to be completed without Federal assistance; and

“(v) support a long-term competitive market for electric vehicle charging infrastructure or hydrogen fueling infrastructure that does not significantly impair existing electric vehicle charging or hydrogen fueling infrastructure providers; and

“(B) ensure, to the maximum extent practicable, geographic diversity among grant recipients to ensure that electric vehicle charging infrastructure or hydrogen fueling infrastructure is available throughout the United States.

“(5) USE OF FUNDS.—

“(A) IN GENERAL.—Any grant made under this subsection shall be—

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

“(ii) only for charging or fueling infrastructure that is open to the general public.

“(B) LOCATION OF INFRASTRUCTURE.—

“(i) IN GENERAL.—Any electric vehicle charging or hydrogen fueling infrastructure acquired and installed with a grant under this subsection shall be located along an alternative fuel corridor designated under this section or by a State or group of States.

“(ii) EXCEPTION.—Notwithstanding clause (i), the Secretary may make a grant for electric vehicle charging infrastructure not on a designated alternative fuel corridor if the applicant demonstrates that the proposed charging infrastructure would expand deployment of electric vehicle charging to a greater number of users than investments on such corridor.

“(C) OPERATING ASSISTANCE.—

“(i) IN GENERAL.—Subject to clauses (ii) and (iii), an eligible entity that receives a grant under this subsection may use a portion of the funds for operating costs for the first 5 years of operations after the installation of electric vehicle charging or hydrogen fueling infrastructure while the facility transitions to independent system operations.

“(ii) INCLUSION.—Operating assistance under this subparagraph shall be limited to costs allocable to operating and maintaining the electric vehicle charging or hydrogen fueling infrastructure and service.

“(iii) LIMITATION.—Operating assistance under this subparagraph may not exceed the amount of a contract under subparagraph (A) to acquire and install electric vehicle charging or hydrogen fueling infrastructure.

“(D) SIGNS.—

“(i) IN GENERAL.—Subject to this paragraph and paragraph (6)(B), an eligible entity that receives a grant under this subsection may use a portion of the funds to acquire and install—

“(I) traffic control devices located in the right-of-way to provide directional information to electric vehicle charging or hydrogen fueling infrastructure acquired, installed, or operated with the grant under this subsection; and

“(II) on-premises signs to provide information about electric vehicle charging or hydrogen fueling infrastructure acquired, installed, or operated with a grant under this subsection.

“(ii) REQUIREMENT.—Any traffic control device or on-premises sign acquired, installed, or operated with a grant under this subsection shall comply with the Manual on Uniform Traffic Control Devices, if located in the right-of-way.

“(E) REVENUE.—An eligible entity receiving a grant under this subsection and a private entity referred to in subparagraph (F) may enter into a cost-sharing agreement under which the private entity submits to the eligible entity a portion of the revenue from the electric vehicle charging or hydrogen fueling infrastructure.

“(F) PRIVATE ENTITY.—

“(i) IN GENERAL.—An eligible entity receiving a grant under this subsection may use the funds in accordance with this paragraph to contract with a private entity for installation, operation, or maintenance of electric vehicle charging or hydrogen fueling infrastructure.

“(ii) INCLUSION.—An eligible private entity shall include a privately, publicly, or cooperatively owned electric utility.

“(6) PROJECT REQUIREMENTS.—

“(A) IN GENERAL.—Notwithstanding any other provision of law, any project funded by a grant under this subsection shall be treated as a project on a Federal-aid highway.

“(B) ELECTRIC VEHICLE CHARGING PROJECTS.—A project for electric vehicle charging infrastructure funded by a grant under this subsection shall be subject to the requirements of section 155.

“(7) FEDERAL SHARE.—The Federal share of the cost of a project carried out with a grant under this subsection shall not exceed 80 percent of the total project cost.”.

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.

“(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) A Tribal government or a consortium of tribal governments.

“(7) A multijurisdictional group of entities described in paragraphs (1) through (6).

“(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

“(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—

“(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.

“(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 communities, including areas of persistent poverty; and

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

“(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.

“(C) BUY AMERICA.—In applying the Buy American requirements under section 313 of this title and sections 5320, 22905(a), and 24305(f) of title 49 to a multimodal project under this paragraph, the Secretary shall—

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

“(ii) seek to maximize domestic jobs.

“(3) FEDERAL-AID HIGHWAY REQUIREMENTS.—Notwithstanding any other provision of this subsection, the Secretary shall require recipients of grants under this section to comply with subsection (a) of section 113 with respect to public transportation projects, passenger rail projects, and freight rail projects, in the same manner that recipients of grants are required to comply with such subsection for construction work performed on highway projects on Federal-aid highways.

“(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) Definition of areas of persistent poverty.—In this section, the term ‘areas of persistent poverty’ means—

“(1) any county that has had 20 percent or more of the population of such county living in poverty over the past 30 years, as measured by the 1990 and 2000 decennial censuses and the most recent Small Area Income and Poverty Estimates; and

“(2) any census tract with a poverty rate of at least 20 percent, as measured by the most recent 5-year data series available from the American Community Survey of the Bureau of the Census.”.

(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 provide funding to metropolitan planning organizations in accordance with this section to enhance local decision making and control in delivering projects to address local transportation needs.

(b) 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) RESPONSIBILITIES.—A direct recipient shall assume, with respect to the amounts made available under this section, any responsibility for the oversight of Federal funds vested in a State department of transportation 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 1 metropolitan planning organization is designated within an urbanized area represented by the applicant, any other such metropolitan planning organization;

(C) in the case of an applicant that represents an urbanized area 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(c) of such title; and

(F) any other criteria established by the Secretary.

(4) REQUIREMENTS.—

(A) CALL FOR NOMINATION.—Not later than April 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.

(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) of title 23, United States Code.

(c) Use of funds.—

(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 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) PROJECT DELIVERY.—

(A) IN GENERAL.—At the request of the direct recipient, the State may collaborate with a project sponsor to ensure delivery of the project and compliance with all applicable Federal requirements.

(B) USE OF FUNDS.—Amounts made available under this section may be used to compensate the State for costs incurred in providing technical assistance under this paragraph.

(3) 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.—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 unallocated after the distribution described in this subsection, such remaining amounts and an associated amount of obligation limitation shall be made available for the purposes described in clauses (i) and (ii) of section 133(d)(1)(A) of title 23, United States Code, and distributed among the States in proportion to 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 population of all urbanized areas across all States.

(4) ASSUMPTION OF RESPONSIBILITY OF THE SECRETARY.—

(A) IN GENERAL.—For projects carried out with funds provided under this section, the direct recipient may assume the responsibilities of the Secretary under title 23, United States Code, for design, plans, specifications, estimates, contract awards, and inspections with respect to the projects unless the Secretary determines that the assumption is not appropriate.

(B) AGREEMENT.—The Secretary and the direct recipient shall enter into an agreement relating to the extent to which the direct recipient assumes the responsibilities of the Secretary under this paragraph.

(C) LIMITATIONS.—The Secretary shall retain responsibilities described in subparagraph (A) for any project that the Secretary determines to be in a high-risk category, including projects on the National Highway System.

(e) Expenditure of funds.—

(1) CONSISTENCY WITH METROPOLITAN PLANNING.—Except as otherwise 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.

(2) SELECTION OF PROJECTS.—

(A) IN GENERAL.—Notwithstanding subsections (j)(5) and (k)(4) of section 134 of such title, a direct recipient shall select, from the approved transportation improvement program under section 134 of such title, all projects described 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 treated as funds apportioned under title 23, United States Code.

(2) TREATMENT OF PROJECTS.—Notwithstanding any other provision of law, any project using funds provided under this section shall be treated as a project on a Federal-aid highway under chapter 1 of title 23, United States Code.

(3) 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

(C) recommendations to improve the effectiveness of the program under this section.

(2) REPORT TO CONGRESS.—Not later than October 1, 2024, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of 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.

(c) Eligible Applicants.—The Secretary may make grants under this section to an applicant that is serving an urbanized area, as designated by the Bureau of the Census, with a population of not less than 1,000,000 and that is—

(1) a metropolitan planning organization;

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

(3) a multijurisdictional group of entities described in paragraphs (1) and (2); or

(4) a State that is in partnership with an entity described in paragraph (1), (2), or (3).

(d) Eligible Projects.—The Secretary may award grants under this section to applicants that submit a comprehensive program of surface transportation-related projects to reduce traffic congestion and related adverse impacts, including a project for 1 or more of the following:

(1) Transportation systems management and operations.

(2) Intelligent transportation systems.

(3) Real-time traveler information.

(4) Traffic incident management.

(5) Active traffic management.

(6) Traffic signal timing.

(7) Multimodal travel payment systems.

(8) Transportation demand management, including employer-based 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; and

(B) a bicycle or pedestrian project, including a project to provide safe and connected active transportation networks.

(10) Any other project, as determined appropriate by the Secretary.

(e) Award Prioritization.—

(1) IN GENERAL.—In selecting grants under this section, the Secretary shall prioritize applicants serving urbanized areas, as described in subsection (c), that are experiencing a high degree of recurrent transportation congestion, as 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;

(C) maximize the use of existing capacity; and

(D) employ innovative, integrated, and multimodal solutions to the items described in subparagraphs (A), (B), and (C).

(f) Federal share.—

(1) IN GENERAL.—The Federal share of the cost of a project carried out under this section may not exceed 60 percent.

(2) MAXIMUM FEDERAL SHARE.—Federal assistance other than a grant for a project under this section may be used to satisfy the non-Federal share of the cost of such project, except that the total Federal assistance provided for a project receiving a grant under this section may not exceed 80 percent of the total project cost.

(g) Use of funds.—Funds made available for a project under this section may be used for—

(1) development phase activities, including planning, feasibility analysis, 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;

(C) real-time freight routing information;

(D) freight transportation and delivery safety projects;

(E) first-mile and last-mile delivery solutions;

(F) shifting freight delivery to off-peak travel times;

(G) reducing greenhouse gas emissions and air pollution from freight transportation and delivery, including through the use of innovative 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); and

(v) leverages Federal funds with non-Federal contributions.

(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 6 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

(C) the requirements of section 22905 of title 49, United States Code, to a passenger rail or freight rail project.

(2) MULTIMODAL PROJECTS.—

(A) IN GENERAL.—Except as otherwise provided in this paragraph, if an eligible project is a multimodal project, the Secretary shall—

(i) determine the predominant modal component of the project; and

(ii) apply the applicable requirements of such predominant modal component to the project.

(B) EXCEPTIONS.—

(i) PASSENGER OR FREIGHT RAIL COMPONENT.—For any passenger or freight rail component of a project, the requirements of section 22907(j)(2) of title 49, United States Code, shall apply.

(ii) PUBLIC TRANSPORTATION COMPONENT.—For any public 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 American requirements under section 313 of title 23, United States Code, and sections 5320, 22905(a), and 24305(f) of title 49, United States Code, to a multimodal project under this paragraph, the Secretary shall—

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

(ii) seek to maximize domestic jobs.

(3) FEDERAL-AID HIGHWAY REQUIREMENTS.—Notwithstanding any other provision of this subsection, the Secretary shall require recipients of grants under this section to comply with subsection (a) of section 113 of title 23, United States Code, with respect to public transportation projects, passenger rail projects, and freight rail projects, in the same manner that recipients of grants are required to comply with such subsection for construction work performed on highway projects on Federal-aid highways.

(m) Treatment of funds.—Except as provided in subsection (l), funds authorized for the purposes described in this section shall be available for obligation in the same manner as if the funds were apportioned under chapter 1 of title 23, United States Code.

SEC. 1307. Rebuild rural grant program.

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

(b) Grant authority.—

(1) IN GENERAL.—In carrying out the program established in subsection (a), the Secretary shall make grants, on a competitive basis, in accordance with this section.

(2) GRANT AMOUNT.—A grant made under this program shall be for no more than $25,000,000.

(c) Eligible applicants.—The Secretary may make a grant under this section to—

(1) a State;

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

(3) a unit of local government;

(4) a Federal land management agency;

(5) a Tribal government or a consortium of Tribal governments; and

(6) a 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 is appropriate.

(e) Eligible projects.—The Secretary shall provide grants under this section to projects eligible under title 23, United States Code, including projects on and off the Federal-aid highway system, that improve safety, state of good repair, or connectivity in a rural community, including projects to—

(1) improve transportation safety, including projects on high-risk rural roads and on Federal lands;

(2) improve state of good repair, including projects to repair and rehabilitate bridges on and off the Federal-aid highway system;

(3) provide or increase access to jobs and services;

(4) provide or increase access to—

(A) a grain elevator;

(B) an agricultural facility;

(C) a mining facility;

(D) a forestry facility;

(E) an intermodal facility; or

(F) any other facility that supports the economy of a rural community; and

(5) reduce vehicle-wildlife collisions and improve habitat connectivity.

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

(1) development phase activities, including planning, feasibility analysis, 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.

(g) Federal share.—

(1) IN GENERAL.—The share of the cost of a project provided with a grant under this section may not exceed 80 percent of the total cost of such project.

(2) MAXIMUM FEDERAL ASSISTANCE.—Federal assistance other than a grant under this section may be used to satisfy up to 100 percent of the total cost of such project.

(h) Priority.—In making grants under this section, the Secretary shall prioritize projects that address—

(1) significant transportation safety challenges;

(2) state of good repair challenges that pose safety risks or risks to a local economy;

(3) economic development challenges;

(4) connectivity challenges that limit access to jobs or services; and

(5) coordination of projects in the highway right-of-way with proposed broadband service infrastructure needs.

(i) Notification.—Not later than 3 business days before awarding a grant under this section, the Secretary of Transportation shall notify the Committee on 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) Treatment of projects.—Notwithstanding any other provision of law, a project carried out under this section shall be treated as if the project is located on a Federal-aid highway.

(k) Definition of rural community.—In this section, the term “rural 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.

(c) Eligible projects.—Projects eligible under this section are projects that—

(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

(C) at existing facilities, including inspection and weigh stations and park-and-ride locations;

(3) open existing weigh stations, safety rest areas, and park-and-ride facilities to commercial motor vehicle parking;

(4) facilitate access to publicly and privately provided commercial motor 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;

(C) would improve safety, traffic congestion, and air quality;

(D) is cost effective; and

(E) reflects consultation with motor carriers, commercial motor vehicle operators, and private providers of commercial motor vehicle parking.

(f) Notification of Congress.—Not later than 3 business days before 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.

(g) Treatment of funds.—

(1) TREATMENT OF PROJECTS.—Notwithstanding any other provision of law, any project funded by a grant under this section shall be treated as a project on a Federal-aid highway under chapter 1 of title 23, United States Code.

(2) FEDERAL SHARE.—The Federal share of the cost of a project under this section shall be determined in accordance with subsections (b) and (c) of section 120 of title 23, United States Code.

(h) 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”.

(i) Survey; comparative assessment; report.—

(1) UPDATE.—Not later than 18 months 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 and 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—

(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 truck parking; and

(C) reports on the progress being made to provide adequate commercial motor vehicle parking facilities in the State.

(3) CONSULTATION.—The Secretary shall prepare the report required under paragraph (2) in consultation with—

(A) relevant State motor carrier safety personnel;

(B) motor carriers and commercial motor vehicle operators; and

(C) private providers of commercial motor vehicle parking.

(j) Definitions.—In this section:

(1) COMMERCIAL MOTOR VEHICLE.—The term “commercial motor vehicle” has the meaning given such term in section 31132 of title 49, United States Code.

(2) ELIGIBLE ENTITY.—The term “eligible entity” means—

(A) a State;

(B) a metropolitan planning organization;

(C) a unit of local government;

(D) a political subdivision of a State or local government carrying out 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 transportation connectivity grant program.

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

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

(c) Eligible applicants.—The Secretary may make a grant under this section to—

(1) a State;

(2) a metropolitan planning organization;

(3) a regional transportation authority;

(4) a unit of local government;

(5) a Federal land management agency;

(6) a natural resource or public land agency;

(7) a Tribal government or a consortium of Tribal governments;

(8) any local or regional governmental entity with responsibility for or 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 is 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 spines; and

(C) planning related to the development of—

(i) active transportation networks;

(ii) active transportation spines; and

(iii) complete streets plans to create a connected network of active transportation facilities, including sidewalks, bikeways, or pedestrian and bicycle trails; and

(2) that have—

(A) total project costs of not less than $15,000,000; or

(B) in the case of planning grants under subsection (f), a total cost of not less than $100,000.

(f) Planning grants.—Of the amounts made available to carry out this section, the Secretary may use not more than 10 percent to provide planning grants to 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 walking and bicycling, including through the creation of—

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

(B) active transportation spines connecting 2 or more communities, metropolitan areas, or States;

(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—

(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.

(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) Treatment of projects.—Notwithstanding any other provision of law, a project carried out under this section shall be treated in the manner described under section 133(i) of title 23, United States Code.

(l) Definitions.—In this section:

(1) ACTIVE TRANSPORTATION.—The term “active transportation” means mobility options powered primarily by human energy, including bicycling and walking.

(2) ACTIVE TRANSPORTATION NETWORK.—The term “active transportation network” means facilities built for active transportation, including sidewalks, bikeways, and pedestrian and bicycle trails, that connect destinations within a community, a metropolitan area, or on Federal lands.

(3) ACTIVE TRANSPORTATION SPINE.—The term “active transportation spine” means facilities built for active transportation, including sidewalks, bikeways, and pedestrian and bicycle trails, that connect communities, metropolitan areas, Federal lands, or States.

(4) SAFE SYSTEM APPROACH.—The term “safe system approach” has the 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. 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 “resiliency 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) CONSIDERATIONS.—

“(i) EQUITABLE AND PROPORTIONAL REPRESENTATION.—In designating officials or representatives under paragraph (2), the metropolitan planning organization shall consider 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).”;

(C) in paragraph (6)(B) by striking “paragraph (2)” and inserting “paragraphs (2) or (3)(D)”; and

(D) in paragraph (7)—

(i) by striking “an existing metropolitan planning area” and inserting “an urbanized area”; and

(ii) by striking “the existing metropolitan planning area” and 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 1 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;

(C) by redesignating subparagraph (J) as subparagraph (L); and

(D) 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; 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”;

(C) in paragraph (2)(H) by inserting “greenhouse gas emissions,” after “pollution,”;

(D) in paragraph (5)—

(i) in subparagraph (A) by inserting “air quality, public health, 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

(C) in paragraph (3) by striking “transportation improvement program” and inserting “STIP”;

(2) in subsection (d)—

(A) in paragraph (1)—

(i) in subparagraph (E)—

(I) by inserting “reduce greenhouse gas emissions,” after “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 (L); 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; and”;

(B) in paragraph (2)—

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

“(A) IN GENERAL.—Through the use of a performance-based approach, transportation investment decisions made as a part of the statewide 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(c); 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

(C) in paragraph (3) by striking “statewide transportation improvement program” and inserting “STIP”;

(3) in subsection (e)(3) by striking “transportation improvement program” and inserting “STIP”;

(4) in subsection (f)—

(A) in paragraph (2)(D)—

(i) in clause (i) by inserting “air quality, public health, housing, transportation, resilience, hazard mitigation, emergency management,” after “conservation,”; and

(ii) by amending clause (ii) to read as follows:

“(ii) COMPARISON AND CONSIDERATION.—Consultation under clause (i) shall involve the comparison of transportation plans to other relevant plans and inventories, including, if available—

“(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.”;

(C) in paragraph (4)(A) by inserting “reduce greenhouse gas emissions and” after “potential to”; and

(D) in paragraph (8) by inserting “greenhouse gas emissions,” after “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 under this title”; 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) by redesignating paragraph (7) as paragraph (8); and

(B) by inserting after paragraph (6) the following:

“(7) COMBATING CLIMATE CHANGE.—To reduce carbon dioxide and other 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; and

“(B) any other greenhouse gas emissions per capita on public roads that the Secretary determines to be appropriate.”;

(3) in subsection (d)—

(A) in paragraph (1)—

(i) by striking “Not later than 1 year after the Secretary has 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; and

“(B) the level of transportation system access for economically disadvantaged communities, including to affordable housing.

“(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.—Section 134 of title 23, United States Code, is further amended—

(1) in subsection (j)(2)(D)—

(A) by striking “Performance target achievement” and inserting “Performance management”;

(B) by striking “The TIP” and inserting the following:

“(i) IN GENERAL.—The TIP”; and

(C) by adding at the end the following:

“(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 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) improves 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

(C) by striking subparagraph (D) and inserting the following:

“(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) and related requirements under this section and section 135.”.

(c) Statewide and nonmetropolitan transportation planning.—Section 135(g)(4) of title 23, United States Code, is further 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”; and

(4) by adding at the end the following:

“(B) a consideration of how the STIP impacts the overall level of transportation system access, consistent with section 150(f).”.

(d) Effective date.—The amendment made by subsection (a)(3)(B) shall take effect the day before the first day of the subsequent performance period established pursuant to section 150 of title 23, United States Code.

(e) 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.

(f) 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 sections 134, 135, and 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;

(C) metropolitan planning organizations representing transportation management areas (as those terms are defined in section 134 of title 23, United States Code);

(D) other metropolitan planning organizations or local governments;

(E) providers of public transportation;

(F) nonprofit entities related to transportation, including relevant safety groups;

(G) experts in the field of transportation access data; and

(H) 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 sections 134, 135, and 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 sections 134, 135, and 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.

(g) 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 micomobility).

(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.

(h) 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.

(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); and

(C) use the information described in subparagraphs (A) and (B) to—

(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

(C) metropolitan planning organizations that serve an area with a population of over 200,000 people.

(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.

SEC. 1501. Territorial and Puerto Rico highway program.

Section 165 of title 23, United States Code, is amended—

(1) in subsection (a)—

(A) in paragraph (1) by striking “$158,000,000” and inserting “$210,000,000”; and

(B) in paragraph (2) by striking “$42,000,000” and inserting “$100,000,000”; and

(2) in subsection (c)(2) by adding at the end the following:

“(C) TIFIA.—Funds provided under this subsection shall not be considered Federal assistance for purposes of section 603(b)(9), as provided under subparagraph (C) of such section.”.

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

(C) in paragraph (3)—

(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.—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.

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 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 or section, section 203, or section 204.

“(ii) HIGH-COMMUTER CORRIDOR.—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 land management agency or Indian Tribe.

“(c) Eligible projects.—An eligible project under the program shall be a single continuous project 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—

“(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, 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 other than those made available under this title or title 49 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;

(C) by redesignating subparagraph (D) as subparagraph (E); and

(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; and

“(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.”.

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

(C) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); 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. 1601. Toward zero deaths.

(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 to carry out a vision zero plan under this section.

(c) Contents of plan.—A vision zero plan under this section shall include—

(1) a description of projects or policies intended to significantly reduce or eliminate transportation-related fatalities and serious injuries within a specified timeframe, not to exceed 20 years, using existing transportation data and consideration of risk factors;

(2) plans for implementation of, education of the public about, and enforcement of such projects or policies;

(3) a description of how such projects or policies, and the enforcement of such projects 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 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.

SEC. 1602. Speed limits.

(a) Speed limits.—The Secretary of Transportation shall revise the Manual of Uniform Traffic Control Devices to provide for a safe systems 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. Broadband infrastructure deployment.

(a) Definitions.—In this section:

(1) APPROPRIATE COMMITTEES.—The term “appropriate committees” means—

(A) the Committee on Transportation and Infrastructure of the House of Representatives;

(B) the Committee on Energy and Commerce of the House of Representatives;

(C) the Committee on Commerce, Science, and Transportation of the Senate;

(D) the Committee on Environment and Public Works of the Senate;

(E) the Committee on Appropriations of the House of Representatives; and

(F) the Committee on Appropriations of the Senate.

(2) 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 carry out projects relating to the proper and effective installation and operation of broadband infrastructure.

(3) 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).

(4) BROADBAND INFRASTRUCTURE.—The term “broadband infrastructure” means any buried, underground, or aerial facility, and any wireless or wireline connection that enables the provision of broadband.

(5) BROADBAND INFRASTRUCTURE ENTITY.—The term “broadband infrastructure entity” means any entity, including a State or local entity or a public-private partnership (between a State or local entity and a private entity), that—

(A) installs, owns, or operates broadband infrastructure; and

(B) provides broadband in a manner consistent with the public interest, convenience, and necessity, as determined by the State.

(6) DIG ONCE REQUIREMENT.—The term “dig once requirement” means a requirement designed to reduce the number and scale of repeated excavations for the installation and maintenance of broadband facilities in rights-of-way.

(7) STATE.—The term “State” means—

(A) a State;

(B) the District of Columbia; and

(C) the Commonwealth of Puerto Rico.

(b) Broadband infrastructure deployment.—To facilitate the installation of broadband infrastructure, the Secretary of Transportation shall, not later than 6 months after the date of enactment of this Act, issue regulations to ensure that each State that receives funds under chapter 1 of title 23, United States Code, meets the following requirements:

(1) BROADBAND CONSULTATION.—The State department of transportation, in consultation with appropriate State agencies, shall—

(A) identify a broadband utility 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;

(B) establish a process for the registration of broadband infrastructure entities that seek to be included in the broadband infrastructure right-of-way facilitation efforts within the State;

(C) review existing State broadband plans, including existing dig once requirements of the State or municipal governments within the State, to determine opportunities to coordinate projects occurring within highway rights-of-way with planned broadband infrastructure projects; and

(D) establish a process to electronically notify broadband infrastructure entities registered under subparagraph (B)—

(i) of the State transportation improvement program on an annual basis;

(ii) of all projects within the highway right-of-way for which Federal funding is expected to be obligated in the subsequent fiscal year; and

(iii) any opportunities for coordination identified by the State under subparagraph (C).

(2) PRIORITY.—If a State provides for the installation of broadband infrastructure in the right-of-way of an applicable Federal-aid highway project under this subsection, the State department of transportation, along with appropriate State agencies, shall carry out any appropriate measures to ensure that any existing broadband infrastructure entities are not disadvantaged, as compared to other broadband infrastructure entities, with respect to the program under this subsection.

(3) EFFECT OF SUBSECTION.—This subsection shall apply only to activities for which Federal obligations or expenditures are initially approved on or after the date regulations required under this subsection become effective. Nothing in this section establishes a mandate or requirement that a State install or allow the installation of broadband infrastructure in a highway right-of-way. Nothing in this section authorizes the Secretary of Transportation to withhold or reserve funds or approval of a project under title 23, United States Code.

(c) Dig Once Funding Task Force.—

(1) ESTABLISHMENT.—There is established an independent task force on funding for dig once 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 a nationwide dig once requirement; and

(B) propose and evaluate options for funding a nationwide dig once requirement that includes—

(i) a discussion of the role of—

(I) the Federal Government;

(II) State, local, and Tribal governments; and

(III) broadband infrastructure entities; and

(ii) consideration of the role of existing dig once requirements of State, local, and Tribal governments, ensuring the expansion of such requirements are not disincentivized.

(3) REPORTS.—

(A) INTERIM REPORT AND BRIEFING.—Not later than 6 months after the date of enactment of this Act, the Task Force shall submit to Congress an interim report and provide for the appropriate committees briefings on the findings of the Task Force.

(B) FINAL REPORT.—Not later than 9 months after the date of enactment of this Act, the Task Force shall submit to Congress a final report on the findings of the Task Force.

(4) COMPOSITIONS AND MEMBERSHIP.—

(A) MEMBERSHIP.—The Task Force shall consist of 14 members, consisting of—

(i) the 2 cochairs described in subparagraph (B); and

(ii) 1 member appointed by each of the Chairs and Ranking Members of the appropriate committees.

(B) COCHAIRS.—The Task Force shall be cochaired by—

(i) the Secretary of Transportation; and

(ii) the Assistant Secretary of Commerce for Communications and Information.

(C) APPOINTMENT DEADLINE.—Members shall be appointed to the Task Force not later than 60 days after the date of enactment of this Act.

(D) EFFECT OF LACK OF APPOINTMENT BY APPOINTMENT DATE.—If 1 or more appointments required under subparagraph (A) is not made by the appointment date specified in subparagraph (C), the authority to make such appointment or appointments shall expire and the number of members of the Commission shall be reduced by the number equal to the number of appointments so expired.

(E) TERMS.—Members shall be appointed for the life of the Task Force. A vacancy in the Task Force shall not affect its powers and 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 and Tribal governments responsible for—