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116th Congress  }                                       {    Report
                       HOUSE OF REPRESENTATIVES        
2d Session      }                                       {   116-437
_______________________________________________________________________

                                     


       INVESTING IN A NEW VISION FOR THE ENVIRONMENT AND SURFACE 
                     TRANSPORTATION IN AMERICA ACT

                               ----------                              

                              R E P O R T

                                 of the

             COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE

                              to accompany

                                 H.R. 2
                                 

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]




 June 26, 2020.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed
              
              
              
              
              
              

       INVESTING IN A NEW VISION FOR THE ENVIRONMENT AND SURFACE 
                     TRANSPORTATION IN AMERICA ACT
                     
                     
                     
                     
                     
                     
116th Congress  }                                             {  Report
                        HOUSE OF REPRESENTATIVES                 
2d Session      }                                             {  116-437
_______________________________________________________________________

                                     


       INVESTING IN A NEW VISION FOR THE ENVIRONMENT AND SURFACE 
                     TRANSPORTATION IN AMERICA ACT

                               __________

                              R E P O R T

                                 of the

             COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE

                              to accompany

                                 H.R. 2
                                 
                                 

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]






 June 26, 2020.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed
              
              
              
              
              U.S. GOVERNMENT PUBLISHING OFFICE 
 40-703                 WASHINGTON : 2020 
 
               
              
              
              



                            C O N T E N T S

                              ----------                              
                                                                   Page
Purpose of Legislation...........................................   269
Background and Need for Legislation..............................   269
Hearings.........................................................   270
Legislative History and Consideration............................   276
Committee Votes..................................................   301
Committee Oversight Findings.....................................   325
New Budget Authority and Tax Expenditures........................   326
Congressional Budget Office Cost Estimate........................   326
Performance Goals and Objectives.................................   327
Duplication of Federal Programs..................................   327
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................   327
Federal Mandates Statement.......................................   327
Preemption Clarification.........................................   327
Advisory Committee Statement.....................................   327
Applicability of Legislative Branch..............................   329
Section-by-Section Analysis of Legislation.......................   329
Changes in Existing Law Made by the Bill, as Reported............   387
Minority Views...................................................   388





116th Congress  }                                             {   Report
                         HOUSE OF REPRESENTATIVES
 2d Session     }                                             {  116-437

======================================================================



 
       INVESTING IN A NEW VISION FOR THE ENVIRONMENT AND SURFACE 
                     TRANSPORTATION IN AMERICA ACT

                                _______
                                

 June 26, 2020.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. DeFazio, from the Committee on Transportation and Infrastructure, 
                        submitted the following

                              R E P O R T

                             together with

                             MINORITY VIEWS

                         [To accompany H.R. 2]

    The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 2) to authorize funds for Federal-
aid highways, highway safety programs, and transit programs, 
and for other purposes, having considered the same, reports 
favorably thereon with an amendment and recommends that the 
bill as amended do pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Investing in a New 
Vision for the Environment and Surface Transportation in America Act'' 
or the ``INVEST in America Act''.
  (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.

  DIVISION A--FEDERAL SURFACE TRANSPORTATION PROGRAMS FOR FISCAL YEAR 
                                  2021

Sec. 101. Extension of Federal surface transportation programs.
Sec. 102. Federal Highway Administration.
Sec. 103. Federal Transit Administration.
Sec. 104. National Highway Traffic Safety Administration.
Sec. 105. Federal Motor Carrier Safety Administration.
Sec. 106. Definitions.

                   DIVISION B--SURFACE TRANSPORTATION

Sec. 1001. Applicability of division.

                     TITLE I--FEDERAL-AID HIGHWAYS

           Subtitle A--Authorizations and Program Conditions

Sec. 1101. Authorization of appropriations.
Sec. 1102. Obligation limitation.
Sec. 1103. Definitions and declaration of policy.
Sec. 1104. Apportionment.
Sec. 1105. Additional deposits into Highway Trust Fund.
Sec. 1106. Transparency.
Sec. 1107. Complete and context sensitive street design.
Sec. 1108. Innovative project delivery Federal share.
Sec. 1109. Transferability of Federal-aid highway funds.
Sec. 1110. Tolling.
Sec. 1111. HOV facilities.
Sec. 1112. Buy America.
Sec. 1113. Federal-aid highway project requirements.
Sec. 1114. State assumption of responsibility for categorical 
exclusions.
Sec. 1115. Surface transportation project delivery program written 
agreements.
Sec. 1116. Corrosion prevention for bridges.
Sec. 1117. Sense of Congress.

           Subtitle B--Programmatic Infrastructure Investment

Sec. 1201. National highway performance program.
Sec. 1202. Increasing the resilience of transportation assets.
Sec. 1203. Emergency relief.
Sec. 1204. Railway crossings.
Sec. 1205. Surface transportation program.
Sec. 1206. Transportation alternatives program.
Sec. 1207. Bridge investment.
Sec. 1208. Construction of ferry boats and ferry terminal facilities.
Sec. 1209. Highway safety improvement program.
Sec. 1210. Congestion mitigation and air quality improvement program.
Sec. 1211. Electric vehicle charging stations.
Sec. 1212. National highway freight program.
Sec. 1213. Carbon pollution reduction.
Sec. 1214. Recreational trails.
Sec. 1215. Safe routes to school program.
Sec. 1216. Bicycle transportation and pedestrian walkways.

                 Subtitle C--Project-Level Investments

Sec. 1301. Projects of national and regional significance.
Sec. 1302. Community transportation investment grant program.
Sec. 1303. Grants for charging and fueling infrastructure to modernize 
and reconnect America for the 21st century.
Sec. 1304. Community climate innovation grants.
Sec. 1305. Metro performance program.
Sec. 1306. Gridlock reduction grant program.
Sec. 1307. Rebuild rural grant program.
Sec. 1308. Parking for commercial motor vehicles.
Sec. 1309. Active transportation connectivity grant program.

   Subtitle D--Planning, Performance Management, and Asset Management

Sec. 1401. Metropolitan transportation planning.
Sec. 1402. Statewide and nonmetropolitan transportation planning.
Sec. 1403. National goals and performance management measures.
Sec. 1404. Transportation demand data and modeling study.
Sec. 1405. Fiscal constraint on long-range transportation plans.

           Subtitle E--Federal Lands, Tribes, and Territories

Sec. 1501. Territorial and Puerto Rico highway program.
Sec. 1502. Tribal transportation program.
Sec. 1503. Tribal High Priority Projects program.
Sec. 1504. Federal lands transportation program.
Sec. 1505. Federal lands and Tribal major projects program.
Sec. 1506. Office of Tribal Government Affairs.
Sec. 1507. Alternative contracting methods.
Sec. 1508. Divestiture of federally owned bridges.
Sec. 1509. Study on Federal funding available to Indian Tribes.
Sec. 1510. GAO study.

                   Subtitle F--Additional Provisions

Sec. 1601. Vision zero.
Sec. 1602. Speed limits.
Sec. 1603. Broadband infrastructure deployment.
Sec. 1604. Balance Exchanges for Infrastructure Program.
Sec. 1605. Stormwater best management practices.
Sec. 1606. Pedestrian facilities in the public right-of-way.
Sec. 1607. Highway formula modernization report.
Sec. 1608. Consolidation of programs.
Sec. 1609. Student outreach report to Congress.
Sec. 1610. Task force on developing a 21st century surface 
transportation workforce.
Sec. 1611. On-the-job training and supportive services.
Sec. 1612. Work zone safety.
Sec. 1613. Transportation education development program.
Sec. 1614. Working group on construction resources.
Sec. 1615. Numbering system of highway interchanges.
Sec. 1616. Toll credits.
Sec. 1617. Transportation construction materials procurement.
Sec. 1618. Construction of certain access and development roads.
Sec. 1619. Nationwide road safety assessment.
Sec. 1620. Wildlife crossings.
Sec. 1621. Climate resilient transportation infrastructure study.
Sec. 1622. Elimination of duplication of environmental reviews and 
approvals.
Sec. 1623. AMBER Alerts along major transportation routes.
Sec. 1624. Natural gas, electric battery, and zero emission vehicles.
Sec. 1625. Guidance on evacuation routes.
Sec. 1626. Prohibiting use of Federal funds for payments in support of 
congressional campaigns.
Sec. 1627. High priority corridors on National Highway System.
Sec. 1628. Guidance on inundated and submerged roads.
Sec. 1629. Airport innovative financing techniques.

                    TITLE II--PUBLIC TRANSPORTATION

               Subtitle A--Federal Transit Administration

Sec. 2101. Authorizations.
Sec. 2102. Chapter 53 definitions.
Sec. 2103. General provisions.
Sec. 2104. Miscellaneous provisions.
Sec. 2105. Policies and purposes.
Sec. 2106. Fiscal year 2022 formulas.
Sec. 2107. Metropolitan transportation planning.
Sec. 2108. Statewide and nonmetropolitan transportation planning.
Sec. 2109. Obligation limitation.
Sec. 2110. Public transportation emergency relief funds.
Sec. 2111. General provisions.
Sec. 2112. Certification requirements.

             Subtitle B--Improving Frequency and Ridership

Sec. 2201. Multi-jurisdictional bus frequency and ridership competitive 
grants.
Sec. 2202. Incentivizing frequency in the urban formula.
Sec. 2203. Mobility innovation.
Sec. 2204. Formula grants for rural areas.
Sec. 2205. One-stop paratransit program.

         Subtitle C--Buy America and Other Procurement Reforms

Sec. 2301. Buy America.
Sec. 2302. Bus procurement streamlining.
Sec. 2303. Bus testing facility.
Sec. 2304. Repayment requirement.
Sec. 2305. Definition of urbanized areas following a major disaster.
Sec. 2306. Special rule for certain rolling stock procurements.
Sec. 2307. Certification requirements.

                     Subtitle D--Bus Grant Reforms

Sec. 2401. Formula grants for buses.
Sec. 2402. Bus facilities and fleet expansion competitive grants.
Sec. 2403. Zero emission bus grants.
Sec. 2404. Restoration to state of good repair formula subgrant.

                   Subtitle E--Supporting All Riders

Sec. 2501. Low-income urban formula funds.
Sec. 2502. Rural persistent poverty formula.
Sec. 2503. Demonstration grants to support reduced fare transit.

     Subtitle F--Supporting Frontline Workers and Passenger Safety

Sec. 2601. National transit frontline workforce training center.
Sec. 2602. Public transportation safety program.
Sec. 2603. Innovation workforce standards.
Sec. 2604. Safety performance measures and set asides.
Sec. 2605. U.S. Employment Plan.
Sec. 2606. Technical assistance and workforce development.

               Subtitle G--Transit-Supportive Communities

Sec. 2701. Transit-supportive communities.
Sec. 2702. Property disposition for affordable housing.
Sec. 2703. Affordable housing incentives in capital investment grants.

                         Subtitle H--Innovation

Sec. 2801. Mobility innovation sandbox program.
Sec. 2802. Transit bus operator compartment redesign program.
Sec. 2803. Federal Transit Administration Every Day Counts initiative.
Sec. 2804. Technical corrections.
Sec. 2805. National advanced technology transit bus development 
program.

               Subtitle I--Other Program Reauthorizations

Sec. 2901. Reauthorization for capital and preventive maintenance 
projects for Washington Metropolitan Area Transit Authority.
Sec. 2902. Other apportionments.

                        Subtitle J--Streamlining

Sec. 2911. Fixed guideway capital investment grants.
Sec. 2912. Rural and small urban apportionment deadline.
Sec. 2913. Disposition of assets beyond useful life.
Sec. 2914. Innovative coordinated access and mobility.
Sec. 2915. Passenger ferry grants.
Sec. 2916. Evaluation of benefits and Federal investment.

                   TITLE III--HIGHWAY TRAFFIC SAFETY

Sec. 3001. Authorization of appropriations.
Sec. 3002. Highway safety programs.
Sec. 3003. Traffic safety enforcement grants.
Sec. 3004. Highway safety research and development.
Sec. 3005. Grant program to prohibit racial profiling.
Sec. 3006. High-visibility enforcement program.
Sec. 3007. National priority safety programs.
Sec. 3008. Minimum penalties for repeat offenders for driving while 
intoxicated or driving under the influence.
Sec. 3009. National priority safety program grant eligibility.
Sec. 3010. Implicit bias research and training grants.
Sec. 3011. Stop motorcycle checkpoint funding.
Sec. 3012. Electronic driver's license.
Sec. 3013. Motorcyclist Advisory Council.

                     TITLE IV--MOTOR CARRIER SAFETY

   Subtitle A--Motor Carrier Safety Grants, Operations, and Programs

Sec. 4101. Motor carrier safety grants.
Sec. 4102. Motor carrier safety operations and programs.
Sec. 4103. Immobilization grant program.
Sec. 4104. Dry bulk weight tolerance.

               Subtitle B--Motor Carrier Safety Oversight

Sec. 4201. Motor carrier safety advisory committee.
Sec. 4202. Compliance, safety, accountability.
Sec. 4203. Terms and conditions for exemptions.
Sec. 4204. Safety fitness of motor carriers of passengers.
Sec. 4205. Providers of recreational activities.
Sec. 4206. Amendments to regulations relating to transportation of 
household goods in interstate commerce.

           Subtitle C--Commercial Motor Vehicle Driver Safety

Sec. 4301. Commercial driver's license for passenger carriers.
Sec. 4302. Alcohol and controlled substances testing.
Sec. 4303. Entry-level driver training.
Sec. 4304. Driver detention time.
Sec. 4305. Truck Leasing Task Force.
Sec. 4306. Hours of service.
Sec. 4307. Driver recruitment.
Sec. 4308. Screening for obstructive sleep apnea.
Sec. 4309. Women of Trucking Advisory Board.

       Subtitle D--Commercial Motor Vehicle and Schoolbus Safety

Sec. 4401. Schoolbus safety standards.
Sec. 4402. Illegal passing of schoolbuses.
Sec. 4403. State inspection of passenger-carrying commercial motor 
vehicles.
Sec. 4404. Automatic emergency braking.
Sec. 4405. Underride protection.
Sec. 4406. Transportation of horses.
Sec. 4407. Additional State authority.
Sec. 4408. Updating the required amount of insurance for commercial 
motor vehicles.

                          TITLE V--INNOVATION

Sec. 5001. Authorization of appropriations.

                  Subtitle A--Research and Development

Sec. 5101. Highway research and development program.
Sec. 5102. Materials to reduce greenhouse gas emissions program.
Sec. 5103. Transportation research and development 5-year strategic 
plan.
Sec. 5104. University transportation centers program.
Sec. 5105. Unsolicited research initiative.
Sec. 5106. National cooperative multimodal freight transportation 
research program.
Sec. 5107. Wildlife-vehicle collision reduction and habitat 
connectivity improvement.
Sec. 5108. Research activities.
Sec. 5109. Innovative material innovation hubs.

                   Subtitle B--Technology Deployment

Sec. 5201. Technology and innovation deployment program.
Sec. 5202. Accelerated implementation and deployment of pavement 
technologies.
Sec. 5203. Federal Highway Administration Every Day Counts initiative.

                   Subtitle C--Emerging Technologies

Sec. 5301. Safe, efficient mobility through advanced technologies.
Sec. 5302. Intelligent transportation systems program.
Sec. 5303. National highly automated vehicle and mobility innovation 
clearinghouse.
Sec. 5304. Study on safe interactions between automated vehicles and 
road users.
Sec. 5305. Nontraditional and Emerging Transportation Technology 
Council.
Sec. 5306. Hyperloop transportation.
Sec. 5307. Surface transportation workforce retraining grant program.
Sec. 5308. Third-party data integration pilot program.
Sec. 5309. Third-party data planning integration pilot program.

       Subtitle D--Surface Transportation Funding Pilot Programs

Sec. 5401. State surface transportation system funding pilots.
Sec. 5402. National surface transportation system funding pilot.

                       Subtitle E--Miscellaneous

Sec. 5501. Ergonomic seating working group.
Sec. 5502. Repeal of section 6314 of title 49, United States Code.
Sec. 5503. Transportation workforce outreach program.
Sec. 5504. Certification on ensuring no human rights abuses.

                  TITLE VI--MULTIMODAL TRANSPORTATION

Sec. 6001. National multimodal freight policy.
Sec. 6002. National freight strategic plan.
Sec. 6003. National multimodal freight network.
Sec. 6004. State freight advisory committees.
Sec. 6005. State freight plans.
Sec. 6006. Study of freight transportation fee.
Sec. 6007. National Surface Transportation and Innovative Finance 
Bureau.
Sec. 6008. Local hire.
Sec. 6009. FTE cap.
Sec. 6010. Identification of COVID-19 testing needs of critical 
infrastructure employees.

  TITLE VII--TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION ACT

Sec. 7001. Transportation Infrastructure Finance and Innovation Act.

             DIVISION C--HAZARDOUS MATERIALS TRANSPORTATION

Sec. 8001. Short title.

                        TITLE I--AUTHORIZATIONS

Sec. 8101. Authorization of appropriations.

          TITLE II--HAZARDOUS MATERIALS SAFETY AND IMPROVEMENT

Sec. 8201. Repeal of certain requirements related to lithium cells and 
batteries.
Sec. 8202. Transportation of liquefied natural gas by rail tank car.
Sec. 8203. Hazardous materials training requirements and grants.

                            DIVISION D--RAIL

Sec. 9001. Short title.

                        TITLE I--AUTHORIZATIONS

Sec. 9101. Authorization of appropriations.
Sec. 9102. Passenger rail improvement, modernization, and expansion 
grants.
Sec. 9103. Consolidated rail infrastructure and safety improvement 
grants.
Sec. 9104. Railroad rehabilitation and improvement financing.
Sec. 9105. Buy America.
Sec. 9106. Rail network climate change vulnerability assessment.

                        TITLE II--AMTRAK REFORMS

Sec. 9201. Amtrak findings, mission, and goals.
Sec. 9202. Amtrak status.
Sec. 9203. Board of Directors.
Sec. 9204. Amtrak preference enforcement.
Sec. 9205. Use of facilities and providing services to Amtrak.
Sec. 9206. Prohibition on mandatory arbitration.
Sec. 9207. Amtrak ADA assessment.
Sec. 9208. Prohibition on smoking on Amtrak trains.
Sec. 9209. State-supported routes operated by Amtrak.
Sec. 9210. Amtrak Police Department.
Sec. 9211. Amtrak food and beverage.
Sec. 9212. Clarification on Amtrak contracting out.
Sec. 9213. Amtrak staffing.
Sec. 9214. Special transportation.
Sec. 9215. Disaster and emergency relief program.
Sec. 9216. Recreational trail access.
Sec. 9217. Investigation of substandard performance.
Sec. 9218. Amtrak cybersecurity enhancement grant program.
Sec. 9219. Amtrak and private cars.
Sec. 9220. Amtrak Office of Community Outreach.

               TITLE III--INTERCITY PASSENGER RAIL POLICY

Sec. 9301. Northeast Corridor Commission.
Sec. 9302. Northeast Corridor planning.
Sec. 9303. Protective arrangements.
Sec. 9304. High-speed rail funds.

                     TITLE IV--COMMUTER RAIL POLICY

Sec. 9401. Surface Transportation Board mediation of trackage use 
requests.
Sec. 9402. Surface Transportation Board mediation of rights-of-way use 
requests.
Sec. 9403. Chicago Union Station improvement plans.

                          TITLE V--RAIL SAFETY

                Subtitle A--Passenger and Freight Safety

Sec. 9501. National Academies study on safety impact of trains longer 
than 7,500 feet.
Sec. 9502. GAO study on changes in freight railroad operating and 
scheduling practices.
Sec. 9503. FRA safety reporting.
Sec. 9504. Waiver notice requirements.
Sec. 9505. Notice of FRA comprehensive safety assessments.
Sec. 9506. FRA accident and incident investigations.
Sec. 9507. Rail safety improvements.
Sec. 9508. Annual review of speed limit action plans.
Sec. 9509. Freight train crew size safety standards.
Sec. 9510. Safe cross border operations.
Sec. 9511. Yardmasters hours of service.
Sec. 9512. Leaking brakes.
Sec. 9513. Annual report on PTC system failures.
Sec. 9514. Fatigue reduction pilot projects.
Sec. 9515. Assault prevention and response plans.
Sec. 9516. Critical incident stress plans.
Sec. 9517. Study on safety culture assessments.

                   Subtitle B--Grade Crossing Safety

Sec. 9551. Grade crossing separation grants.
Sec. 9552. Rail safety public awareness grants.
Sec. 9553. Establishment of 10-minute time limit for blocking public 
grade crossings.
Sec. 9554. National strategy to address blocked crossings.
Sec. 9555. Railroad point of contact for blocked crossing matters.
Sec. 9556. National highway-rail crossing inventory review.
Sec. 9557. Counting railroad suicides.

                    DIVISION E--ADDITIONAL PROGRAMS

Sec. 10001. National scenic byways program.

  DIVISION A--FEDERAL SURFACE TRANSPORTATION PROGRAMS FOR FISCAL YEAR 
                                  2021

SEC. 101. EXTENSION OF FEDERAL SURFACE TRANSPORTATION PROGRAMS.

  (a) Extension of Federal Surface Transportation Programs.--
          (1) In general.--Except as otherwise provided in this 
        division, the 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) In general.--Except as provided in subparagraph 
                (B), a program for which amounts are authorized to be 
                appropriated under paragraph (2)(A) shall be subject to 
                a limitation on obligations for fiscal year 2021 in the 
                same amount and in the same manner as the limitation 
                applicable with 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) Federal-aid highway and highway safety 
                construction programs.--
                          (i) In general.--Notwithstanding any other 
                        provision of this division, section 1102 of the 
                        FAST Act (Public Law 114-94), or the Department 
                        of Transportation Appropriations Act, 2020 
                        (Public Law 116-94), for fiscal year 2021, the 
                        obligations for Federal-aid highway and highway 
                        safety construction programs shall not exceed 
                        $46,387,191,360.
                          (ii) Limitation on federal highway 
                        administration administrative expenses.--
                        Notwithstanding any other provision of this 
                        division, of the amount described in clause 
                        (i), for fiscal year 2021 an amount not to 
                        exceed $478,897,049, together with advances and 
                        reimbursements received by the Federal Highway 
                        Administration, shall be obligated for 
                        necessary expenses for administration and 
                        operation of the Federal Highway 
                        Administration.
  (b) Definitions.--In this section, the term ``covered laws'' means 
the following:
          (1) Titles I, III, IV, V, and VI of division A of the FAST 
        Act (Public Law 114-94).
          (2) Division A, division B, subtitle A of title I and title 
        II of division C, and division E of MAP-21 (Public Law 112-
        141).
          (3) Titles I, II, and III of the SAFETEA-LU Technical 
        Corrections Act of 2008 (Public Law 110-244).
          (4) Titles I, II, III, IV, V, and VI of SAFETEA-LU (Public 
        Law 109-59).
          (5) Titles I, II, III, IV, and V of the Transportation Equity 
        Act for the 21st Century (Public Law 105-178).
          (6) Titles II, III, and IV of the National Highway System 
        Designation Act of 1995 (Public Law 104-59).
          (7) Title I, part A of title II, title III, title IV, title 
        V, and title VI of the 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 an 
                                area described in subclause (II) in the 
                                proportion that--
                                          (aa) the total amount of 
                                        funds suballocated to such area 
                                        of the State as described in 
                                        such subclause for fiscal year 
                                        2020; bears to
                                          (bb) the total amount of 
                                        funds apportioned to the State 
                                        for the Federal-aid highway 
                                        program under section 104 of 
                                        title 23, United States Code, 
                                        for fiscal year 2020.
                                  (II) Areas described.--The areas 
                                described in this subclause are--
                                          (aa) urbanized areas of the 
                                        State with an urbanized area 
                                        population of over 200,000;
                                          (bb) areas of the State other 
                                        than urban areas with a 
                                        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 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.
                  (D) Obligation limitation.--Notwithstanding any other 
                provision of law, for fiscal year 2021, obligations for 
                activities authorized under this paragraph shall not 
                exceed $5,794,851,538.
          (2) Authorization of appropriations from general fund.--In 
        addition to amounts authorized under section 101(a)(1)(B), 
        there is authorized to be 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), 
        section 5309(a)(7)(B), 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;
                  (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; and
                  (D) section 5309(h) of title 49, United States Code, 
                that the Federal Transit Administration has a small 
                starts grant award or agreement entered into after 
                January, 1, 2017, or that has been recommended by the 
                Administration for an allocation of capital investment 
                funds that were appropriated in fiscal year 2018, 2019, 
                or 2020.
          (2) Project eligibility.--From amounts made available under 
        subsection (a)(2)(B), the Secretary shall use such sums as may 
        be necessary for projects under section 5309 of title 49, 
        United States Code, that--
                  (A) are not eligible for funds made available under 
                paragraph (1); and
                  (B) have remaining scheduled Federal funds to be 
                appropriated under a full funding grant agreement under 
                such section.
          (3) Deferred local share.--The Secretary shall allow a 
        project sponsor to defer payment of the local share for any 
        project described in paragraphs (1) and (2).
          (4) Total project cost.--In this subsection, the term ``total 
        project cost'' means the most recent total project cost 
        stipulated in--
                  (A) the full funding grant agreement;
                  (B) the approval into project engineering;
                  (C) the project rating for a project not yet approved 
                into project engineering;
                  (D) the small starts grant or grant agreement; or
                  (E) the project rating for a small starts project 
                that has not yet been awarded a grant or grant 
                agreement.
          (5) Federal share.--The Federal share of the costs of a 
        project under this subsection may not exceed 80 percent.
          (6) Application of law.--For purposes of paragraph (1), the 
        Secretary shall apply section 7001(b) of this Act when 
        providing the additional 30 percent of total project costs to 
        any project that meets the criteria in such section.
  (d) Federal Share.--
          (1) In general.--Notwithstanding chapter 53 of title 49, 
        United States Code, or any other provision of this division, 
        the Federal share associated with funds described in paragraph 
        (2) that are obligated during fiscal year 2021 may be up to 100 
        percent.
          (2) Funds described.--The funds described in this paragraph 
        are funds made available for the implementation of transit 
        programs authorized by 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.
                  (C) Obligation limitation.--Notwithstanding any other 
                provision of law, for fiscal year 2021, obligations for 
                activities authorized under this paragraph and 
                obligations for activities authorized under section 
                101(a)(2)(A)(i)(II)(bb) that exceed amounts authorized 
                under section 4001(a)(6) of the FAST Act (Public Law 
                114-94) shall not exceed $247,783,000.
          (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. 
        Notwithstanding any other provision of law, this paragraph 
        shall apply as if such paragraph was enacted on September 30, 
        2020.
          (3) Maintenance of effort.--Notwithstanding section 405(a)(9) 
        of title 23, United States Code, the Secretary may waive the 
        maintenance of effort requirements under such section for 
        fiscal year 2021 for a State, if the Secretary determines 
        appropriate.
          (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.--
                  (A) In general.--In addition to amounts authorized 
                under section 101, there is authorized to be 
                appropriated from the Highway Account for fiscal year 
                2021, for activities under this subsection, 
                $209,900,000.
                  (B) Obligation limitation.--Notwithstanding any other 
                provision of law, for fiscal year 2021, obligations for 
                activities authorized under this paragraph shall not 
                exceed $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.

                   DIVISION B--SURFACE 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.
  (c) Exception for Immediate Application.--Subsections (a) and (b) 
shall not apply to section 1105 and the amendments made by such 
section.

                     TITLE I--FEDERAL-AID HIGHWAYS

           Subtitle A--Authorizations and Program Conditions

SEC. 1101. AUTHORIZATION OF APPROPRIATIONS.

  (a) In General.--The following amounts are authorized to be 
appropriated out of the Highway Trust Fund (other than the Mass Transit 
Account):
          (1) Federal-aid highway program.--For the national highway 
        performance program under section 119 of title 23, United 
        States Code, the pre-disaster 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, natural gas fueling, propane 
        fueling, and hydrogen fueling infrastructure grants.--To carry 
        out section 151(f) of title 23, United States Code, 
        $350,000,000 for each of fiscal years 2022 through 2025.
          (9) Community climate innovation grants.--To carry out 
        section 172 of title 23, United States Code, $250,000,000 for 
        each of fiscal years 2022 through 2025.
  (b) Additional Programs.--
          (1) In general.--The following amounts are authorized to be 
        appropriated out of the Highway Trust Fund (other than the Mass 
        Transit Account):
                  (A) Gridlock reduction grant program.--To carry out 
                section 1306 of this Act, $250,000,000 for fiscal year 
                2022.
                  (B) Rebuild rural grant program.--To carry out 
                section 1307 of this Act, $250,000,000 for fiscal year 
                2022.
                  (C) Parking for commercial motor vehicles.--To carry 
                out section 1308 of this Act, $250,000,000 for fiscal 
                year 2023.
                  (D) Active transportation connectivity grant 
                program.--To carry 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) of paragraph (1) shall be 
        administered as if apportioned under chapter 1 of title 23, 
        United States Code.
  (c) Disadvantaged Business Enterprises.--
          (1) Findings.--Congress finds that--
                  (A) despite the real improvements caused by the 
                disadvantaged business enterprise program, minority- 
                and women-owned businesses across the country continue 
                to confront serious and significant obstacles to 
                success caused by race and gender discrimination in the 
                federally assisted surface transportation market and 
                related markets across the United States;
                  (B) the continuing race and gender discrimination 
                described in subparagraph (A) merits the continuation 
                of the disadvantaged business enterprise program;
                  (C) recently, the disparities cause by discrimination 
                against African American, Hispanic American, Asian 
                American, Native American, and women business owners 
                have been further exacerbated by the coronavirus 
                pandemic and its disproportionate effects on minority- 
                and women-owned businesses across the nation;
                  (D) Congress has received and reviewed testimony and 
                documentation of race and gender discrimination from 
                numerous sources, including congressional hearings and 
                other investigative activities, scientific reports, 
                reports issued by public and private agencies at every 
                level of government, news reports, academic 
                publications, reports of discrimination by 
                organizations and individuals, and discrimination 
                lawsuits, which continue to demonstrate that race- and 
                gender-neutral efforts alone are insufficient to 
                address the problem;
                  (E) the testimony and documentation described in 
                subparagraph (D) demonstrate that discrimination across 
                the United States poses an injurious and enduring 
                barrier to full and fair participation in surface 
                transportation-related businesses of women business 
                owners and minority business owners and has negatively 
                affected firm formation, development and success in 
                many aspects of surface transportation-related business 
                in the public and private markets; and
                  (F) the testimony and documentation described in 
                subparagraph (D) provide a clear picture of the 
                inequality caused by discrimination that continues to 
                plague our nation and a strong basis that there is a 
                compelling need for the continuation of the 
                disadvantaged business enterprise program to address 
                race and gender discrimination in surface 
                transportation-related business.
          (2) Definitions.--In this subsection, the following 
        definitions apply:
                  (A) Small business concern.--
                          (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.
  (d) Limitation on Financial Assistance for State-Owned Enterprises.--
          (1) In general.--Funds provided under this section may not be 
        used in awarding a contract, subcontract, grant, or loan to an 
        entity that is owned or controlled by, is a subsidiary of, or 
        is otherwise related legally or financially to a corporation 
        based in a country that--
                  (A) is identified as a nonmarket economy country (as 
                defined in section 771(18) of the Tariff Act of 1930 
                (19 U.S.C. 1677(18))) as of the date of enactment of 
                this Act;
                  (B) was identified by the United States Trade 
                Representative in the most recent report required by 
                section 182 of the Trade Act of 1974 (19 U.S.C. 2242) 
                as a priority foreign country under subsection (a)(2) 
                of that section; and
                  (C) is subject to monitoring by the Trade 
                Representative under section 306 of the Trade Act of 
                1974 (19 U.S.C. 2416).
          (2) Exception.--For purposes of subparagraph (A), the term 
        ``otherwise related legally or financially'' does not include a 
        minority relationship or investment.
          (3) International agreements.--This paragraph shall be 
        applied in a manner consistent with the obligations of the 
        United States under international agreements.

SEC. 1102. OBLIGATION LIMITATION.

  (a) General Limitation.--Subject to subsection (e), and 
notwithstanding any other provision of law, the obligations for 
Federal-aid highway and highway safety construction programs shall not 
exceed--
          (1) $62,159,350,954 for fiscal year 2022;
          (2) $63,121,354,776 for fiscal year 2023;
          (3) $64,346,443,712 for fiscal year 2024; and
          (4) $65,180,125,186 for fiscal year 2025.
  (b) Exceptions.--The limitations under subsection (a) shall not apply 
to 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 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 section 202 
        or 204 of such title, by multiplying--
                  (A) the proportion determined under paragraph (3); by
                  (B) the amounts authorized to be appropriated for 
                each such program for the fiscal year; and
          (5) shall distribute the obligation authority provided by 
        subsection (a), less the aggregate amounts not distributed 
        under paragraphs (1) and (2) and the amounts distributed under 
        paragraph (4), for Federal-aid highway and highway safety 
        construction programs that are apportioned by the Secretary 
        under title 23, United States Code (other than the amounts 
        apportioned for the surface transportation program in section 
        133(d)(1)(B) of title 23, United States Code, that are exempt 
        from the limitation under subsection (b)(15) and the amounts 
        apportioned under sections 202 and 204 of such title) in the 
        proportion that--
                  (A) amounts authorized to be appropriated for the 
                programs that are apportioned under title 23, United 
                States Code, to each State for the fiscal year; bears 
                to
                  (B) the total of the amounts authorized to be 
                appropriated for the programs that are apportioned 
                under title 23, United States Code, to all States for 
                the fiscal year.
  (d) Redistribution of Unused Obligation Authority.--Notwithstanding 
subsection (c), the Secretary of Transportation shall, after August 1 
of each of fiscal years 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) in 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 principles.--The term `context 
        sensitive design principles' means principles for the design of 
        a public road that--
                  ``(A) provides for the safe and adequate 
                accommodation, in all phases of project planning, 
                design, and development, transportation facilities for 
                users, including pedestrians, bicyclists, public 
                transportation users, children, older individuals, 
                individuals with disabilities, motorists, and freight 
                vehicles; and
                  ``(B) considers the context in which the facility is 
                planned to be constructed to determine the appropriate 
                facility design.'';
                  (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. 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;
                          ``(ix) scour, stream stability, coastal, and 
                        other hydraulic countermeasures; and
                          ``(x) the use of natural infrastructure.'';
                  (J) by inserting after paragraph (29), as so 
                redesignated, the following:
          ``(30) Repeatedly damaged facility.--The term `repeatedly 
        damaged facility' means a road, highway, or bridge that has 
        required repair and reconstruction activities on 2 or more 
        occasions due to natural disasters or catastrophic 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.'';
                  (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 
                non-motorized users;
                  ``(B) costs for low-income travelers; and
                  ``(C) the extent to which transportation access is 
                impacted by zoning policies and land use planning 
                practices that effect the affordability, elasticity, 
                and diversity of the housing supply.''; and
                  (L) by adding at the end the following:
          ``(45) Transportation demand management; tdm.--The terms 
        `transportation demand management' and `TDM' mean the use of 
        strategies to inform and encourage travelers to maximize the 
        efficiency of a transportation system leading to improved 
        mobility, reduced congestion, and lower vehicle emissions.
          ``(46) Transportation demand management strategies.--The term 
        `transportation demand management strategies' means the use of 
        planning, programs, policy, marketing, communications, 
        incentives, pricing, and technology to shift travel mode, 
        routes used, departure times, number of trips, and location and 
        design work space or public attractions.''; and
          (2) in subsection (b)--
                  (A) in paragraph (1) by striking ``Defense,'' and 
                inserting ``Defense 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) Predisaster mitigation program.--For the predisaster 
        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;
          ``(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 (a) by striking ``FAST Act'' and inserting 
        ``INVEST in America Act'';
          (2) in subsection (c)--
                  (A) in paragraph (1)(A) by striking ``to be 
                appropriated'' each place it appears; and
                  (B) by adding at the end the following:
          ``(4) Special rule.--
                  ``(A) Adjustment.--In making an adjustment under 
                paragraph (1) for an allocation, reservation, or set-
                aside from an amount authorized from the Highway 
                Account or Mass Transit Account described in 
                subparagraph (B), the Secretary shall--
                          ``(i) determine the ratio that--
                                  ``(I) the amount authorized to be 
                                appropriated for the allocation, 
                                reservation, or set-aside from the 
                                account for the fiscal year; bears to
                                  ``(II) the total amount authorized to 
                                be appropriated for such fiscal year 
                                for all programs under such account;
                          ``(ii) multiply the ratio determined under 
                        clause (i) by the amount of the adjustment 
                        determined under subsection (b)(1)(B); and
                          ``(iii) adjust the amount that the Secretary 
                        would have allocated for the allocation, 
                        reservation, or set-aside for such fiscal year 
                        but for this section by the amount calculated 
                        under clause (ii).
                  ``(B) Allocations, reservations, and set-asides.--The 
                allocations, reservations, and set-asides described in 
                this subparagraph are--
                          ``(i) from the amount made available for a 
                        fiscal year for the Federal lands 
                        transportation program under section 203, the 
                        amounts allocated for a fiscal year for the 
                        National Park Service, the United States Fish 
                        and Wildlife Service, and the United States 
                        Forest Service;
                          ``(ii) the amount made available for the 
                        Puerto Rico highway program under section 
                        165(a)(1); and
                          ``(iii) the amount made available for the 
                        territorial highway program under section 
                        165(a)(2).'';
          (3) in subsection (e)--
                  (A) by striking ``There is authorized'' and inserting 
                ``For fiscal year 2022 and each fiscal year thereafter, 
                there is authorized''; and
                  (B) by striking ``for any of fiscal years 2017 
                through 2020''; and
          (4) in subsection (f)(1) by striking ``section 1102 or 3018 
        of the FAST Act'' and inserting ``any other provision of law''.

SEC. 1106. TRANSPARENCY.

  (a) Apportionment.--Section 104 of title 23, United States Code, is 
amended by striking subsection (g) and inserting the following:
  ``(g) Highway Trust Fund Transparency and Accountability Reports.--
          ``(1) Requirement.--
                  ``(A) In general.--The Secretary shall compile data 
                in accordance with this subsection on the use of 
                Federal-aid highway funds made available under this 
                title.
                  ``(B) User friendly data.--The data compiled under 
                subparagraph (A) shall be in a user friendly format 
                that can be searched, downloaded, disaggregated, and 
                filtered by data category.
          ``(2) Project data.--
                  ``(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) whether such project is located in an 
                        area of persistent poverty, as defined in 
                        section 172(l);
                          ``(vii) the type of improvement being made by 
                        such project, including categorizing such 
                        project as--
                                  ``(I) a road reconstruction project;
                                  ``(II) a new road construction 
                                project;
                                  ``(III) a new bridge construction 
                                project;
                                  ``(IV) a bridge rehabilitation 
                                project; or
                                  ``(V) a bridge replacement project; 
                                and
                          ``(viii) the functional classification of the 
                        roadway on which such project is located.
                  ``(B) Interactive map.--In addition to the data made 
                available under subparagraph (A), the Secretary shall 
                make available on the website of the Department of 
                Transportation an interactive map that displays, for 
                each active project, the information described in 
                clauses (i) through (v) of subparagraph (A).
          ``(3) State data.--
                  ``(A) Apportioned and allocated programs.--The 
                website described in paragraph (2)(A) shall be updated 
                annually to display the Federal-aid highway funds 
                apportioned and allocated to each State under this 
                title, including--
                          ``(i) the amount of funding available for 
                        obligation by the State, including prior 
                        unobligated balances, at the start of the 
                        fiscal year;
                          ``(ii) the amount of funding obligated by the 
                        State during such fiscal year;
                          ``(iii) the amount of funding remaining 
                        available for obligation by the State at the 
                        end of such fiscal year; and
                          ``(iv) changes in the obligated, unexpended 
                        balance for the State.
                  ``(B) Programmatic data.--The data described in 
                subparagraph (A) shall include--
                          ``(i) the amount of funding by each 
                        apportioned and allocated program for which the 
                        State received funding under this title;
                          ``(ii) the amount of funding transferred 
                        between programs by the State during the fiscal 
                        year using the authority provided under section 
                        126; and
                          ``(iii) the amount and program category of 
                        Federal funds exchanged as described in section 
                        106(g)(6).
          ``(4) Definitions.--In this subsection:
                  ``(A) Active project.--
                          ``(i) In general.--The term `active project' 
                        means a Federal-aid highway project using funds 
                        made available under this title on which those 
                        funds were obligated or expended during the 
                        fiscal year for which the estimated total cost 
                        as of the start of construction is greater than 
                        $5,000,000.
                          ``(ii) Exclusion.--The term `active project' 
                        does not include any project for which funds 
                        are transferred to agencies other than the 
                        Federal Highway Administration.
                  ``(B) Interactive map.--The term `interactive map' 
                means a map displayed on the public website of the 
                Department of Transportation that allows a user to 
                select and view information for each active project, 
                State, and congressional district.
                  ``(C) State.--The term `State' means any of the 50 
                States or the District of Columbia.''.
  (b) Project Approval and Oversight.--Section 106 of title 23, United 
States Code, is amended--
          (1) in subsection (g)--
                  (A) in paragraph (4) by striking subparagraph (B) and 
                inserting the following:
                  ``(B) Assistance to states.--The Secretary shall--
                          ``(i) develop criteria for States to use to 
                        make the determination required under 
                        subparagraph (A); and
                          ``(ii) provide training, guidance, and other 
                        assistance to States and subrecipients as 
                        needed to ensure that projects administered by 
                        subrecipients comply with the requirements of 
                        this title.
                  ``(C) Periodic review.--The Secretary shall review, 
                not less frequently than every 2 years, the monitoring 
                of subrecipients by the States.''; and
                  (B) by adding at the end the following:
          ``(6) Federal funding exchange programs.--A 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). The Secretary shall redact confidential 
        business information, as necessary, from any such information 
        published.
          ``(2) Notification and opportunity for comment.--Not later 
        than 30 days before making a determination to proceed with an 
        experiment under a letter of interest described in paragraph 
        (1), the Secretary shall provide notification and an 
        opportunity for public comment on the letter of interest and 
        the Secretary's proposed response.
          ``(3) Report to congress.--Not later than 2 years after the 
        date of enactment of the INVEST in America Act, the Secretary 
        shall submit to the Committee on Transportation and 
        Infrastructure of the House of Representatives and the 
        Committee on Environment and Public Works of the Senate a 
        report that includes--
                  ``(A) a summary of each experiment described in this 
                subsection carried out over the previous 5 years; and
                  ``(B) legislative recommendations, if any, based on 
                the findings of such experiments.
  ``(m) Competitive Grant Program Oversight and Accountability.--
          ``(1) In general.--To ensure the accountability and oversight 
        of the discretionary grant selection process administered by 
        the Secretary, a covered program shall be subject to the 
        requirements of this section, in addition to the requirements 
        applicable to each covered program.
          ``(2) Application process.--The Secretary shall--
                  ``(A) develop a template for applicants to use to 
                summarize--
                          ``(i) project needs and benefits; and
                          ``(ii) any factors, requirements, or 
                        considerations established for the applicable 
                        covered program;
                  ``(B) create a data driven process to evaluate, as 
                set forth in the covered program, each eligible project 
                for which an application is received; and
                  ``(C) make a determination, based on the evaluation 
                made pursuant to subparagraph (B), on any ratings, 
                rankings, scores, or similar metrics for applications 
                made to the covered program.
          ``(3) Notification of congress.--Not less than 15 days before 
        making a grant for a covered program, the Secretary shall 
        notify, in writing, the Committee on Transportation and 
        Infrastructure of the House of Representatives and the 
        Committee on the Environment and Public Works of the Senate 
        of--
                  ``(A) the amount for each project proposed to be 
                selected;
                  ``(B) a description of the review process;
                  ``(C) for each application, the determination made 
                under paragraph (2)(C); and
                  ``(D) a detailed explanation of the basis for each 
                award proposed to be selected.
          ``(4) Notification of applicants.--Not later than 30 days 
        after making a grant for a project under a covered program, the 
        Secretary shall send to all applicants under such covered 
        program, and publish on the website of the Department of 
        Transportation--
                  ``(A) a summary of each application made to the 
                covered program for the given round of funding; and
                  ``(B) the evaluation and justification for the 
                project selection, including all ratings, rankings, 
                scores, or similar metrics for applications made to the 
                covered program for the given round of funding during 
                each phase of the grant selection process.
          ``(5) Briefing.--The Secretary shall provide, at the request 
        of a grant applicant of a covered program, the opportunity to 
        receive a briefing to explain any reasons the grant applicant 
        was not awarded a grant.
          ``(6) Template.--The Secretary shall, to the extent 
        practicable, develop a template as described in paragraph 
        (2)(A) for any discretionary program administered by the 
        Secretary that is not a covered program.
          ``(7) Covered program defined.--The term `covered program' 
        means each of the following discretionary grant programs:
                  ``(A) Community climate innovation grants under 
                section 172.
                  ``(B) 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 principles.--The Secretary 
        shall collaborate with the American Association of State 
        Highway Transportation Officials to ensure that any roadway 
        design publications approved by the Secretary under this 
        section provide adequate flexibility for a project sponsor to 
        select the appropriate design of a roadway, consistent with 
        context sensitive design principles.
          ``(2) Policies or procedures.--
                  ``(A) In general.--Not later than 1 year after the 
                Secretary publishes the final guidance described in 
                paragraph (3), each State shall adopt policies or 
                procedures to evaluate the context of a proposed 
                roadway and select the appropriate design, consistent 
                with context sensitive design principles.
                  ``(B) Local governments.--The Secretary and States 
                shall encourage local governments to adopt policies or 
                procedures described under subparagraph (A).
                  ``(C) Considerations.--The policies or procedures 
                developed under this paragraph shall take into 
                consideration the guidance developed by the Secretary 
                under paragraph (3).
          ``(3) Guidance.--
                  ``(A) In general.--
                          ``(i) Notice.--Not later than 1 year after 
                        the date of enactment of this subsection, the 
                        Secretary shall publish guidance on the 
                        official website of the Department of 
                        Transportation on context sensitive design.
                          ``(ii) Public review and comment.--The 
                        guidance described in this paragraph shall be 
                        finalized following an opportunity for public 
                        review and comment.
                          ``(iii) Update.--The Secretary shall 
                        periodically update the guidance described in 
                        this paragraph, including the model policies or 
                        procedures described under subparagraph (B)(v).
                  ``(B) 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 
                        various modes of transportation;
                          ``(iii) safety and other benefits provided by 
                        carrying out context sensitive design 
                        principles;
                          ``(iv) common barriers to carrying out 
                        context sensitive design principles;
                          ``(v) procedures for overcoming the most 
                        common barriers to carrying out context 
                        sensitive design principles;
                          ``(vi) procedures for identifying the costs 
                        associated with carrying out context sensitive 
                        design principles;
                          ``(vii) procedures for maximizing local 
                        cooperation in the introduction of context 
                        sensitive design principles and carrying out 
                        those principles; and
                          ``(viii) procedures for assessing and 
                        modifying the facilities and operational 
                        characteristics of existing roadways to improve 
                        consistency with context sensitive design 
                        principles.
          ``(4) Funding.--Amounts made available under sections 
        104(b)(6) and 505 of this title may be used for States, local 
        governments, metropolitan planning organizations, or regional 
        transportation planning organizations to adopt policies or 
        procedures to evaluate the context of a proposed roadway and 
        select the appropriate design, consistent with context 
        sensitive design principles.''.
  (b) Conforming Amendment.--Section 1404(b) of the FAST Act (23 U.S.C. 
109 note) is repealed.

SEC. 1108. INNOVATIVE PROJECT DELIVERY FEDERAL SHARE.

  (a) In General.--Section 120(c)(3)(B) of title 23, United States 
Code, is amended--
          (1) by striking clauses (i) and (ii) and inserting the 
        following:
                          ``(i) prefabricated bridge elements and 
                        systems, innovative materials, and other 
                        technologies to reduce bridge construction 
                        time, extend service life, and reduce 
                        preservation costs, as compared to 
                        conventionally designed and constructed 
                        bridges;
                          ``(ii) innovative construction equipment, 
                        materials, techniques, or practices, including 
                        the use of in-place recycling technology, 
                        digital 3-dimensional modeling technologies, 
                        and advanced digital construction management 
                        systems;'';
          (2) by redesignating clause (vi) as clause (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), 133(h), 149, and 171''; and
          (3) by striking paragraph (2) and inserting the following:
          ``(2) Environmental programs.--With respect to an 
        apportionment under either paragraph (4) or paragraph (9) of 
        section 104(b), and notwithstanding paragraph (1), a State may 
        only transfer not more than 50 percent from the amount of the 
        apportionment of either such paragraph to the apportionment 
        under the other such paragraph in a fiscal year.''.

SEC. 1110. TOLLING.

  (a) Toll Roads, Bridges, Tunnels, and Ferries.--Section 129 of title 
23, United States Code, is amended--
          (1) in subsection (a)--
                  (A) by striking paragraph (1) and inserting the 
                following:
          ``(1) In general.--
                  ``(A) Authorization.--Subject to the provisions of 
                this section, Federal participation shall be permitted 
                on the same basis and in the same manner as 
                construction of toll-free highways is permitted under 
                this chapter in the--
                          ``(i) initial construction of a toll highway, 
                        bridge, or tunnel or approach to the highway, 
                        bridge, or tunnel;
                          ``(ii) initial construction of 1 or more 
                        lanes or other improvements that increase 
                        capacity of a highway, bridge, or tunnel (other 
                        than a highway on the Interstate System) and 
                        conversion of that highway, bridge, or tunnel 
                        to a tolled facility, if the number of toll-
                        free lanes, excluding auxiliary lanes, after 
                        the construction is not less than the number of 
                        toll-free lanes, excluding auxiliary lanes, 
                        before the construction;
                          ``(iii) initial construction of 1 or more 
                        lanes or other improvements that increase the 
                        capacity of a highway, bridge, or tunnel on the 
                        Interstate System and conversion of that 
                        highway, bridge, or tunnel to a tolled 
                        facility, if the number of toll-free non-HOV 
                        lanes, excluding auxiliary lanes, after such 
                        construction is not less than the number of 
                        toll-free non-HOV lanes, excluding auxiliary 
                        lanes, before such construction;
                          ``(iv) reconstruction, resurfacing, 
                        restoration, rehabilitation, or replacement of 
                        a toll highway, bridge, or tunnel or approach 
                        to the highway, bridge, or tunnel;
                          ``(v) reconstruction or replacement of a 
                        toll-free bridge or tunnel and conversion of 
                        the bridge or tunnel to a toll facility;
                          ``(vi) reconstruction of a toll-free Federal-
                        aid highway (other than a highway on the 
                        Interstate System) and conversion of the 
                        highway to a toll facility;
                          ``(vii) reconstruction, restoration, or 
                        rehabilitation of a highway on the Interstate 
                        System if the number of toll-free non-HOV 
                        lanes, excluding auxiliary lanes, after 
                        reconstruction, restoration, or rehabilitation 
                        is not less than the number of toll-free non-
                        HOV lanes, excluding auxiliary lanes, before 
                        reconstruction, restoration, or rehabilitation;
                          ``(viii) conversion of a high occupancy 
                        vehicle lane on a highway, bridge, or tunnel to 
                        a toll facility, subject to the requirements of 
                        section 166; and
                          ``(ix) preliminary studies to determine the 
                        feasibility of a toll facility for which 
                        Federal participation is authorized under this 
                        paragraph.
                  ``(B) Agreement to toll.--
                          ``(i) In general.--Before the Secretary may 
                        authorize tolling under this subsection, the 
                        public authority with jurisdiction over a 
                        highway, bridge, or tunnel shall enter into an 
                        agreement with the Secretary to ensure 
                        compliance with the requirements of this 
                        subsection.
                          ``(ii) Applicability.--
                                  ``(I) In general.--The requirements 
                                of this subparagraph shall apply to--
                                          ``(aa) Federal participation 
                                        under subparagraph (A);
                                          ``(bb) any prior Federal 
                                        participation in the facility 
                                        proposed to be tolled; and
                                          ``(cc) conversion, with or 
                                        without Federal participation, 
                                        of a non-tolled lane on the 
                                        National Highway System to a 
                                        toll facility under 
                                        subparagraph (E).
                                  ``(II) HOV facility.--Except as 
                                otherwise provided in this subsection 
                                or section 166, the provisions of this 
                                paragraph shall not apply to a high 
                                occupancy vehicle facility.
                          ``(iii) Major federal action.--Approval by 
                        the Secretary of an agreement to toll under 
                        this paragraph shall be considered a major 
                        Federal action under the National Environmental 
                        Policy Act of 1969 (42 U.S.C. 4321 et seq.).
                  ``(C) Agreement conditions.--Prior to entering into 
                an agreement to toll under subparagraph (B), the public 
                authority shall certify to the Secretary that--
                          ``(i) the public authority has established 
                        procedures to ensure the toll meets the 
                        purposes and requirements of this subsection;
                          ``(ii) the facility shall provide for access 
                        at no cost to public transportation vehicles 
                        and over-the-road buses serving the public; and
                          ``(iii) the facility shall provide for the 
                        regional interoperability of electronic toll 
                        collection, including through technologies or 
                        business practices.
                  ``(D) Consideration of impacts.--
                          ``(i) In general.--Prior to entering into an 
                        agreement to toll under subparagraph (B), the 
                        Secretary shall ensure the public authority has 
                        adequately considered, including by providing 
                        an opportunity for public comment, the 
                        following factors within the corridor:
                                  ``(I) Congestion impacts on both the 
                                toll facility and in the corridor or 
                                cordon (including adjacent toll-free 
                                facilities).
                                  ``(II) In the case of a non-
                                attainment or maintenance area, air 
                                quality impacts.
                                  ``(III) Planned investments to 
                                improve public transportation or other 
                                non-tolled alternatives in the 
                                corridor.
                                  ``(IV) Environmental justice and 
                                equity impacts.
                                  ``(V) Impacts on freight movement.
                                  ``(VI) Economic impacts on 
                                businesses.
                          ``(ii) Consideration in environmental 
                        review.--Nothing in this subparagraph shall 
                        limit a public authority from meeting the 
                        requirements of this subparagraph through the 
                        environmental review process, as applicable.
                  ``(E) Congestion pricing.--
                          ``(i) In general.--The Secretary may 
                        authorize conversion of a non-tolled lane on 
                        the National Highway System to a toll facility 
                        to utilize pricing to manage the demand to use 
                        the facility by varying the toll amount that is 
                        charged.
                          ``(ii) Requirement.--Prior to entering into 
                        an agreement to convert a non-tolled lane on 
                        the National Highway System to a toll facility, 
                        the Secretary shall ensure (in addition to the 
                        requirements under subparagraphs (B), (C), and 
                        (D)) that such toll facility and the planned 
                        investments to improve public transportation or 
                        other non-tolled alternatives in the corridor 
                        are reasonably expected to improve the 
                        operation of the cordon or corridor, as 
                        described in clauses (iii) and (iv).
                          ``(iii) Performance monitoring.--A public 
                        authority that enters into an agreement to 
                        convert a non-tolled lane to a toll facility 
                        under this subparagraph shall--
                                  ``(I) establish, monitor, and support 
                                a performance monitoring, evaluation, 
                                and reporting program--
                                          ``(aa) for the toll facility 
                                        that provides for continuous 
                                        monitoring, assessment, and 
                                        reporting on the impacts that 
                                        the pricing structure may have 
                                        on the operation of the 
                                        facility; and
                                          ``(bb) for the corridor or 
                                        cordon that provides for 
                                        continuous monitoring, 
                                        assessment, and reporting on 
                                        the impacts of congestion 
                                        pricing on the operation of the 
                                        corridor or cordon;
                                  ``(II) submit to the Secretary annual 
                                reports of the impacts described in 
                                subclause (I); and
                                  ``(III) if the facility or the 
                                corridor or cordon becomes degraded, as 
                                described in clause (iv), submit to the 
                                Secretary an annual update that 
                                describes the actions proposed to bring 
                                the toll facility into compliance and 
                                the progress made on such actions.
                          ``(iv) Determination.--
                                  ``(I) Degraded operation.--For 
                                purposes of clause (iii)(III), the 
                                operation of a toll facility shall be 
                                considered to be degraded if vehicles 
                                operating on the facility are failing 
                                to maintain a minimum average operating 
                                speed 90 percent of the time over a 
                                consecutive 180-day period during peak 
                                hour periods.
                                  ``(II) Degraded corridor or cordon.--
                                For the purposes of clause (iii)(III), 
                                a corridor or cordon shall be 
                                considered to be degraded if congestion 
                                pricing or investments to improve 
                                public transportation or other non-
                                tolled alternatives have not resulted 
                                in--
                                          ``(aa) an increase in person 
                                        or freight throughput in the 
                                        corridor or cordon; or
                                          ``(bb) a reduction in person 
                                        hours of delay in the corridor 
                                        or cordon, as determined by the 
                                        Secretary.
                                  ``(III) Definition of minimum average 
                                operating speed.--In this subparagraph, 
                                the term `minimum average operating 
                                speed' means--
                                          ``(aa) 35 miles per hour, in 
                                        the case of a toll facility 
                                        with a speed limit of 45 miles 
                                        per hour or greater; and
                                          ``(bb) not more than 10 miles 
                                        per hour below the speed limit, 
                                        in the case of a toll facility 
                                        with a speed limit of less than 
                                        50 miles per hour.
                          ``(v) Maintenance of operating performance.--
                                  ``(I) In general.--Not later than 180 
                                days after the date on which a facility 
                                or a corridor or cordon becomes 
                                degraded under clause (iv), the public 
                                authority with jurisdiction over the 
                                facility shall submit to the Secretary 
                                for approval a plan that details the 
                                actions the public authority will take 
                                to make significant progress toward 
                                bringing the facility or corridor or 
                                cordon into compliance with this 
                                subparagraph.
                                  ``(II) Notice of approval or 
                                disapproval.--Not later than 60 days 
                                after the date of receipt of a plan 
                                under subclause (I), the Secretary 
                                shall provide to the public authority a 
                                written notice indicating whether the 
                                Secretary has approved or disapproved 
                                the plan based on a determination of 
                                whether the implementation of the plan 
                                will make significant progress toward 
                                bringing the facility or corridor or 
                                cordon into compliance with this 
                                subparagraph.
                                  ``(III) Update.--Until the date on 
                                which the Secretary determines that the 
                                public authority has brought the 
                                facility or corridor or cordon into 
                                compliance with this subparagraph, the 
                                public authority shall submit annual 
                                updates that describe--
                                          ``(aa) the actions taken to 
                                        bring the facility into 
                                        compliance;
                                          ``(bb) the actions taken to 
                                        bring the corridor or cordon 
                                        into compliance; and
                                          ``(cc) the progress made by 
                                        those actions.
                                  ``(IV) Compliance.--If a public 
                                authority fails to bring a facility 
                                into compliance under this 
                                subparagraph, the Secretary may subject 
                                the public authority to appropriate 
                                program sanctions under section 1.36 of 
                                title 23, Code of Federal Regulations 
                                (or successor regulations), until the 
                                performance is no longer degraded.
                          ``(vi) Consultation of mpo.--If a toll 
                        facility authorized under this subparagraph is 
                        located on the National Highway System and in a 
                        metropolitan planning area established in 
                        accordance with section 134, the public 
                        authority shall consult with the metropolitan 
                        planning organization for the area.
                          ``(vii) Inclusion.--For the purposes of this 
                        paragraph, the corridor or cordon shall include 
                        toll-free facilities that are adjacent to the 
                        toll facility.'';
                  (B) in paragraph (3)--
                          (i) in subparagraph (A)--
                                  (I) in clause (iv) by striking 
                                ``and'' at the end; and
                                  (II) by striking clause (v) and 
                                inserting the following:
                          ``(v) any project eligible under this title 
                        or chapter 53 of title 49 that improves the 
                        operation of the corridor or cordon by 
                        increasing person or freight throughput and 
                        reducing person hours of delay;
                          ``(vi) toll discounts or rebates for users of 
                        the toll facility that have no reasonable 
                        alternative transportation method to the toll 
                        facility; and
                          ``(vii) if the public authority certifies 
                        annually that the tolled facility is being 
                        adequately maintained and the cordon or 
                        corridor is not degraded under paragraph 
                        (1)(E), any revenues remaining after funding 
                        the activities described in clauses (i) through 
                        (vi) shall be considered surplus revenue and 
                        may be used for any other purpose for which 
                        Federal funds may be obligated by a State under 
                        this title or chapter 53 of title 49.'';
                          (ii) by striking subparagraph (B) and 
                        inserting the following:
                  ``(B) Transparency.--
                          ``(i) Annual audit.--
                                  ``(I) In general.--A public authority 
                                with jurisdiction over a toll facility 
                                shall conduct or have an independent 
                                auditor conduct an annual audit of toll 
                                facility records to verify adequate 
                                maintenance and compliance with 
                                subparagraph (A), and report the 
                                results of the audits to the Secretary.
                                  ``(II) Records.--On reasonable 
                                notice, the public authority shall make 
                                all records of the public authority 
                                pertaining to the toll facility 
                                available for audit by the Secretary.
                          ``(ii) Use of revenues.--A State or public 
                        authority that obligates amounts under clauses 
                        (v), (vi), or (vii) of subparagraph (A) shall 
                        annually report to the Secretary a list of 
                        activities funded with such amounts and the 
                        amount of funding provided for each such 
                        activity.'';
                  (C) in paragraph (8) by striking ``as of the date of 
                enactment of the MAP-21, before commencing any activity 
                authorized'' and inserting ``, before commencing any 
                activity authorized'';
                  (D) in paragraph (9)--
                          (i) by striking ``bus'' and inserting 
                        ``vehicle''; and
                          (ii) by striking ``buses'' and inserting 
                        ``vehicles''; and
                  (E) by striking paragraph (10) and inserting the 
                following:
          ``(10) Interoperability of electronic toll collection.--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.
  (e) Report.--Not later than 180 days after the date of enactment of 
this Act, the Secretary of Transportation shall submit to Congress a 
report on the implementation of the interoperability of toll collection 
as required under section 1512(b) of MAP-21, including an assessment of 
the progress in, and barriers on, such implementation.

SEC. 1111. HOV FACILITIES.

  Section 166 of title 23, United States Code, is amended--
          (1) in subsection (b)--
                  (A) in paragraph (4)(C)(iii) by striking 
                ``transportation buses'' and inserting ``transportation 
                vehicles''; and
                  (B) in paragraph (5)(B) by striking ``2019'' and 
                inserting ``2025'';
          (2) in subsection (d)(2)(A)(i) by striking ``45 miles per 
        hour, in the case of a toll facility with a speed of 50 miles 
        per hour or greater'' and inserting ``35 miles per hour, in the 
        case of a toll facility with a speed limit of 45 miles per hour 
        or greater'';
          (3) in subsection (d)(2)(B) by striking ``morning or evening 
        weekday peak hour periods (or both)'' and inserting ``peak hour 
        periods'';
          (4) in subsection (e)--
                  (A) by striking ``Not later than 180 days after the 
                date of enactment of this section, the Administrator'' 
                and inserting ``The Administrator'';
                  (B) in paragraph (1) by striking ``and'' at the end;
                  (C) in paragraph (2) by striking the period at the 
                end and inserting ``; and''; and
                  (D) by adding at the end the following:
          ``(3) not later than 180 days after the date of enactment of 
        the INVEST in America Act, update the requirements established 
        under paragraph (1).''; and
          (5) in subsection (f)--
                  (A) in paragraph (1)--
                          (i) by striking subparagraphs (C), (D), and 
                        (F); and
                          (ii) by redesignating subparagraphs (E), (G), 
                        (H), and (I) as 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'';
                  (C) by striking ``the Surface Transportation 
                Assistance Act of 1982 (96 Stat. 2097) or''; and
                  (D) by striking ``and manufactured products'' and 
                inserting ``manufactured products, and construction 
                materials'';
          (2) in subsection (b) by inserting ``Determination.--'' 
        before ``The provisions'';
          (3) in subsection (c) by striking ``For purposes'' and 
        inserting ``Calculation.--For purposes'';
          (4) in subsection (d)--
                  (A) by striking ``The Secretary of Transportation'' 
                and inserting ``Requirements.--The Secretary''; and
                  (B) by striking ``the Surface Transportation 
                Assistance Act of 1982 (96 Stat. 2097) or''; 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) SAFETEA-LU Technical Corrections Act of 2008.--Section 117 of the 
SAFETEA-LU Technical Corrections Act of 2008 (23 U.S.C. 313 note) is 
repealed.

SEC. 1113. FEDERAL-AID HIGHWAY PROJECT REQUIREMENTS.

  (a) In General.--Except as otherwise provided in subsection (b), 
notwithstanding any other provision of law, the Secretary shall require 
recipients of assistance under title 23, United States Code, and title 
I of division B this Act and the amendments made by this Act to comply 
with subsection (a) of section 113 of title 23, United States Code, 
with respect to all construction work, in the same manner that 
recipients of assistance under chapter 1 of such title are required to 
comply with such subsection for construction work performed on highway 
projects on Federal-aid highways.
  (b) Treatment of Certain Projects.--The Secretary shall apply the 
requirements of section 1306(l) of this Act and sections 117(k), 
172(j), and 173(k) of title 23, United States Code, to a project funded 
with a grant under such sections.

SEC. 1114. STATE ASSUMPTION OF RESPONSIBILITY FOR CATEGORICAL 
                    EXCLUSIONS.

  Section 326(c)(3) of title 23, United States Code, is amended--
          (1) by striking subparagraph (A) and inserting the following:
                  ``(A) except as provided under subparagraph (C), have 
                a term of not more than 3 years;'';
          (2) in subparagraph (B) by striking the period at the end and 
        inserting ``; and''; and
          (3) by adding at the end the following:
                  ``(C) for any State that has assumed the 
                responsibility for categorical exclusions under this 
                section for at least 10 years, have a term of 5 
                years.''.

SEC. 1115. SURFACE TRANSPORTATION PROJECT DELIVERY PROGRAM WRITTEN 
                    AGREEMENTS.

  Section 327 of title 23, United States Code, is amended--
          (1) in subsection (c)--
                  (A) by striking paragraph (5) and inserting the 
                following:
          ``(5) except as provided under paragraph (7), have a term of 
        not more than 5 years;'';
                  (B) in paragraph (6) by striking the period at the 
                end and inserting ``; and''; and
                  (C) by adding at the end the following:
          ``(7) for any State that has participated in a program under 
        this section (or under a predecessor program) for at least 10 
        years, have a term of 10 years.'';
          (2) in subsection (g)(1)--
                  (A) in subparagraph (C) by striking ``annual'';
                  (B) in subparagraph (B) by striking ``and'' at the 
                end;
                  (C) by redesignating subparagraph (C) as subparagraph 
                (D); and
                  (D) by inserting after subparagraph (B) the 
                following:
                  ``(C) in the case of an agreement period of greater 
                than 5 years under subsection (c)(7), conduct an audit 
                covering the first 5 years of the agreement period; 
                and''; and
          (3) by adding at the end the following:
  ``(m) Agency Deemed to Be Federal Agency.--A State agency that is 
assigned a responsibility under an agreement under this section shall 
be deemed to be a Federal agency for the purposes of all Federal laws 
pursuant to which the responsibility is exercised.''.

SEC. 1116. CORROSION PREVENTION FOR BRIDGES.

  (a) Definitions.--In this section:
          (1) Applicable bridge projects.--The term ``applicable bridge 
        projects'' means a project for construction, alteration, or 
        maintenance work, other than de minimus maintenance or repair 
        work as determined by the applicable State department of 
        transportation, on a bridge or overpass structure funded under 
        title 23, United States Code.
          (2) Certified contractor.--The term ``certified contractor'' 
        means a contracting or subcontracting firm that has been 
        certified by a third party organization that evaluates the 
        capability of the contractor or subcontractor to properly 
        perform one or more specified aspects of applicable bridge 
        projects as defined in subsection (b)(2).
          (3) Qualified training program.--The term ``qualified 
        training program'' means a training program in corrosion 
        control, mitigation and prevention, that is either offered or 
        accredited by an organization that sets industry corrosion 
        standards or is recognized in corrosion management 
        transportation structures by the Department of Transportation, 
        for the purposes of controlling, mitigating and preventing 
        corrosion, or a program registered under the Act of August 16, 
        1937 (29 U.S.C. 50 et seq.) (commonly known as the ``National 
        Apprenticeship Act'') that meets the requirements of parts 29 
        and 30 of title 29, Code of Federal Regulations, as in effect 
        on January 1, 2020.
  (b) Applicable Bridge Projects.--
          (1) Quality control.--A certified contractor shall carry out 
        aspects of an applicable bridge project described in paragraph 
        (2).
          (2) Aspects of applicable bridge projects.--Aspects of an 
        applicable bridge project referred to in paragraph (1) 
        include--
                  (A) surface preparation or coating application on 
                steel or rebar of an applicable bridge project;
                  (B) removal of a lead-based or other hazardous 
                coating from steel of an existing applicable bridge 
                project;
                  (C) shop painting of structural steel or rebar 
                fabricated for installation on an applicable bridge 
                project; and
                  (D) the design, application, installation and 
                maintenance of a cathodic protection system on an 
                applicable bridge project.
          (3) Corrosion management system.--A State transportation 
        department shall--
                  (A) implement a corrosion management system that 
                utilizes industry-recognized standards and corrosion 
                mitigation and prevention methods to address--
                          (i) surface preparation;
                          (ii) protective coatings;
                          (iii) materials selection;
                          (iv) cathodic protection;
                          (v) corrosion engineering;
                          (vi) personnel training; and
                          (vii) best practices in environmental 
                        protection to prevent environmental degradation 
                        and uphold public health;
                  (B) require certified contractors that employ 
                appropriately trained and certified coating applicators 
                to carry out aspects of applicable bridge projects as 
                described in paragraph (2); and
                  (C) use certified cathodic protection professionals 
                for all aspects of applicable bridge projects that 
                require knowledge of the design, installation, 
                monitoring, or maintenance of a cathodic protection 
                system.
  (c) Training Program.--As a condition of entering into a contract for 
an applicable bridge project, each certified contractor shall provide 
training, through a qualified training program, for each applicable 
craft or trade classification of employees that the certified 
contractor intends to employ to carry out aspects of applicable bridge 
projects as described in subsection (b)(2).

SEC. 1117. SENSE OF CONGRESS.

  It is the sense of Congress that--
          (1) States should utilize life-cycle cost analysis to 
        evaluate the total economic cost of a transportation project 
        over its expected lifetime; and
          (2) data indicating that future repair costs associated with 
        a transportation project frequently total more than half of the 
        initial cost of the project, and that conducting life-cycle 
        cost analysis prior to construction will help States identify 
        the most cost-effective option, improve their economic 
        performance, and lower the total cost of building and 
        maintaining the project.

           Subtitle B--Programmatic Infrastructure Investment

SEC. 1201. NATIONAL HIGHWAY PERFORMANCE PROGRAM.

  Section 119 of title 23, United States Code, is amended--
          (1) by striking subsection (b) and inserting the following:
  ``(b) Purposes.--The purposes of the national highway performance 
program shall be--
          ``(1) to provide support for the condition and performance of 
        the National Highway System, consistent with the asset 
        management plans of States;
          ``(2) to support progress toward the achievement of 
        performance targets of States established under section 150;
          ``(3) to increase the resilience of Federal-aid highways and 
        bridges; and
          ``(4) to provide support for the construction of new 
        facilities on the National Highway System, consistent with 
        subsection (d)(3).'';
          (2) in subsection (d)--
                  (A) in paragraph (1)(A) by striking ``or freight 
                movement on the National Highway System'' and inserting 
                ``freight movement, environmental 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).
                  ``(U) Undergrounding public utilities in the course 
                of other infrastructure improvements eligible under 
                this section to mitigate the cost of recurring damages 
                from extreme weather events, wildfire or other natural 
                disasters.''; and
                  (D) by adding at the end the following:
          ``(3) a project that is otherwise eligible under this 
        subsection to construct new capacity for single occupancy 
        passenger vehicles only if the State--
                  ``(A) has demonstrated progress in achieving a state 
                of good repair, as defined in the State's asset 
                management plan, on the National Highway System;
                  ``(B) demonstrates that the project--
                          ``(i) supports the achievement of performance 
                        targets of the State established under section 
                        150; and
                          ``(ii) is more cost effective, as determined 
                        by benefit-cost analysis, than--
                                  ``(I) an operational improvement to 
                                the facility or corridor;
                                  ``(II) the construction of a 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
                  ``(C) has a public plan for maintaining and operating 
                the new asset while continuing its progress in 
                achieving a state of good repair under subparagraph 
                (A).'';
          (3) in subsection (e)--
                  (A) in the heading by inserting ``Asset and'' after 
                ``State'';
                  (B) in paragraph (4)(D) by striking ``analysis'' and 
                inserting ``analyses, both of which shall take into 
                consideration climate change adaptation and 
                resilience;''; and
                  (C) in paragraph (8) by striking ``Not later than 18 
                months after the date of enactment of the MAP-21, the 
                Secretary'' and inserting ``The Secretary''; and
          (4) by adding at the end the following:
  ``(k) Benefit-cost Analysis.--In carrying out subsection 
(d)(3)(B)(ii), the Secretary shall establish a process for analyzing 
the cost and benefits of projects under such subsection, ensuring 
that--
          ``(1) the benefit-cost analysis includes a calculation of all 
        the benefits addressed in the performance measures established 
        under section 150;
          ``(2) the benefit-cost analysis includes a consideration of 
        the total maintenance cost of an asset over the lifecycle of 
        the asset; and
          ``(3) the State demonstrates that any travel demand modeling 
        used to calculate the benefit-cost analysis has a documented 
        record of accuracy.''.

SEC. 1202. INCREASING THE RESILIENCE OF TRANSPORTATION ASSETS.

  (a) Predisaster Mitigation Program.--
          (1) In general.--Chapter 1 of title 23, United States Code, 
        is amended by inserting after section 123 the following:

``Sec. 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 and the 
        development of such projects and programs that help agencies, 
        to--
                  ``(A) increase the resilience of a surface 
                transportation infrastructure asset to withstand a 
                covered event;
                  ``(B) relocate or provide a reasonable alternative to 
                a repeatedly damaged facility;
                  ``(C) for an evacuation route identified in the 
                vulnerability assessment 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; and
                  ``(D) recover from incidents that significantly 
                disrupt a regions transportation system including--
                          ``(i) predisaster training programs that help 
                        agencies and regional stakeholders plan for and 
                        prepare multimodal recovery efforts; and
                          ``(ii) the establishment of regional wide 
                        telework training and programs.
          ``(2) Infrastructure resilience and adaptation.--No funds 
        shall be obligated to a project under this section unless the 
        project meets each of the following criteria:
                  ``(A) The project is designed to ensure resilience 
                over the anticipated service life of the surface 
                transportation infrastructure asset.
                  ``(B) The project is identified in the metropolitan 
                or statewide transportation improvement program as a 
                project to address resilience vulnerabilities, 
                consistent with section 134(j)(3)(E) or 
                135(g)(5)(B)(iii).
                  ``(C) For a project in a flood-prone area, the 
                project sponsor considers hydrologic and hydraulic data 
                and methods that integrate current and projected 
                changes in flooding based on climate science over the 
                anticipated service life of the surface transportation 
                infrastructure asset and future forecasted land use 
                changes.
          ``(3) Prioritization of projects.--A State shall develop a 
        process to prioritize projects under this section based on the 
        degree to which the proposed project would--
                  ``(A) be cost effective;
                  ``(B) reduce the risk of disruption to a surface 
                transportation 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 or landslide).
          ``(2) Surface transportation infrastructure asset.--The term 
        `surface transportation infrastructure asset' means a facility 
        eligible for assistance under this title or chapter 53 of title 
        49.''.
          (2) Conforming amendment.--The analysis for chapter 1 of 
        title 23, United States Code, is amended by inserting after the 
        item relating to section 123 the following:

``124. Predisaster mitigation program.''.

  (b) Metropolitan Transportation Planning.--
          (1) Amendments to title 23.--
                  (A) Climate change and resilience.--Section 134(i)(2) 
                of title 23, United States Code, is amended by adding 
                at the end the following:
                  ``(I) Climate change and resilience.--
                          ``(i) In general.--The transportation 
                        planning process shall assess strategies to 
                        reduce the climate change impacts of the 
                        surface transportation system and conduct a 
                        vulnerability assessment to identify 
                        opportunities to enhance the resilience of the 
                        surface transportation system and ensure the 
                        efficient use of Federal resources.
                          ``(ii) Climate change mitigation and 
                        impacts.--A long-range transportation plan 
                        shall--
                                  ``(I) identify investments and 
                                strategies to reduce transportation-
                                related sources of greenhouse gas 
                                emissions per capita;
                                  ``(II) identify investments and 
                                strategies to manage transportation 
                                demand and increase the rates of public 
                                transportation ridership, walking, 
                                bicycling, and carpools; and
                                  ``(III) recommend zoning and other 
                                land use policies that would support 
                                infill, transit-oriented development, 
                                and mixed use development.
                          ``(iii) Vulnerability assessment.--A long-
                        range transportation plan shall incorporate a 
                        vulnerability assessment that--
                                  ``(I) includes a risk-based 
                                assessment of vulnerabilities of 
                                critical transportation assets and 
                                systems to covered events (as such term 
                                is defined in section 124);
                                  ``(II) considers, as applicable, the 
                                risk management analysis in the State's 
                                asset management plan developed 
                                pursuant to section 119, and the 
                                State's evaluation of reasonable 
                                alternatives to repeatedly damaged 
                                facilities conducted under part 667 of 
                                title 23, Code of Federal Regulations;
                                  ``(III) 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 conducted under part 
                                667 of title 23, Code of Federal 
                                Regulations;
                                  ``(III) identifies evacuation routes, 
                                assesses the ability of any such routes 
                                to provide safe passage for evacuation 
                                and emergency response during an 
                                emergency event, and identifies any 
                                improvements or 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 
                        conducted under part 667 of title 23, Code of 
                        Federal Regulations;
                          ``(iii) identifies evacuation routes, 
                        assesses the ability of any such routes to 
                        provide safe passage for evacuation and 
                        emergency response during an emergency event, 
                        and identifies any improvements or redundant 
                        facilities necessary to adequately facilitate 
                        safe passage;
                          ``(iv) describes the States's adaptation and 
                        resilience improvement strategies that will 
                        inform the transportation investment decisions 
                        of the State; and
                          ``(v) is consistent with and complementary of 
                        the State 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 conducted under part 667 of title 
                        23, Code of Federal Regulations;
                          ``(iii) identifies evacuation routes, 
                        assesses the ability of any such routes to 
                        provide safe passage for evacuation and 
                        emergency response during an emergency event, 
                        and identifies any improvements or redundant 
                        facilities necessary to adequately facilitate 
                        safe passage;
                          ``(iv) describes the State's adaptation and 
                        resilience improvement strategies that will 
                        inform the transportation investment decisions 
                        of the State; and
                          ``(v) is consistent with and complementary of 
                        the State and local 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 paragraph (3) as paragraph (4); 
                and
                  (C) by striking paragraphs (1) and (2) and inserting 
                the following:
          ``(1) In general.--The Secretary may expend funds from the 
        emergency fund authorized by this section only for the repair 
        or reconstruction of highways on Federal-aid highways in 
        accordance with this chapter.
          ``(2) Restrictions.--
                  ``(A) In general.--No funds shall be expended from 
                the emergency fund authorized by this section unless--
                          ``(i) an emergency has been declared by the 
                        Governor of the State with concurrence by the 
                        Secretary, unless the President has declared 
                        the emergency to be a major disaster for the 
                        purposes of the Robert T. Stafford Disaster 
                        Relief and Emergency Assistance Act (42 U.S.C. 
                        5121 et seq.) for which concurrence of the 
                        Secretary is not required; and
                          ``(ii) the Secretary has received an 
                        application from the State transportation 
                        department that includes a comprehensive list 
                        of all eligible project sites and repair costs 
                        by not later than 2 years after the natural 
                        disaster or catastrophic failure.
                  ``(B) Cost limitation.--The total cost of a project 
                funded under this section may not exceed the cost of 
                repair or reconstruction of a comparable facility 
                unless the Secretary determines that the project 
                incorporates economically justified betterments, 
                including protective features to increase the 
                resilience of the facility.
          ``(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) Imposition of Deadline.--
          ``(1) In general.--Notwithstanding any other provision of 
        law, the Secretary may not require any project funded under 
        this section to advance to the construction obligation stage 
        before the date that is the last day of the sixth fiscal year 
        after the later of--
                  ``(A) the date on which the Governor declared the 
                emergency, as described in subsection (d)(2)(A)(i); or
                  ``(B) the date on which the President declared the 
                emergency to be a major disaster, as described in such 
                subsection.
          ``(2) Extension of deadline.--If the Secretary imposes a 
        deadline for advancement to the construction obligation stage 
        pursuant to paragraph (1), the Secretary may, upon the request 
        of the Governor of the State, issue an extension of not more 
        than 1 year to complete such advancement, and may issue 
        additional extensions after the expiration of any extension, if 
        the Secretary determines the Governor of the State has provided 
        suitable justification to warrant such an extension.
  ``(h) Predisaster Hazard Mitigation Pilot Program.--
          ``(1) In general.--The Secretary shall establish a 
        predisaster mitigation program for the purpose of mitigating 
        future hazards posed to Federal-aid highways.
          ``(2) Distribution of funds.--Every 6 months, the Secretary 
        shall total the amount of funds made available to each State, 
        territory, Tribal or other eligible entity under the emergency 
        relief program under this section during the preceding 6 months 
        and remit an additional 5 percent from the Highway Trust Fund 
        to such entities for eligible activities described in paragraph 
        (3).
          ``(3) Eligible activities.--Funds made available under 
        paragraph (2) shall be used for mitigation projects and 
        activities that the Secretary determines are cost effective and 
        which substantially reduce the risk of, or increase resilience 
        to, future damage as a result of natural disasters, including 
        by flood, hurricane, tidal wave, earthquake, severe storm, or 
        landslide, by upgrading existing assets to meet or exceed 
        design standards adopted by the Federal Highway Administration 
        by--
                  ``(A) relocating or elevating roadways;
                  ``(B) increasing the size or number of drainage 
                structures, including culverts;
                  ``(C) installing mitigation measures to prevent the 
                impairment of transportation assets as a result of the 
                intrusion of floodwaters;
                  ``(D) improving bridges to expand water capacity and 
                prevent flooding;
                  ``(E) deepening channels to prevent asset inundation 
                and improve drainage;
                  ``(F) improving strength of natural features adjacent 
                to highway right-of-way to promote additional flood 
                storage;
                  ``(G) installing or upgrading tide gates and flood 
                gates;
                  ``(H) stabilizing slide areas or slopes;
                  ``(I) installing seismic retrofits for bridges;
                  ``(J) adding scour protection at bridges;
                  ``(K) adding scour, stream stability, coastal, or 
                other hydraulic countermeasures, including riprap;
                  ``(L) installing intelligent transportation system 
                equipment to monitor infrastructure quality; and
                  ``(M) any other protective features as determined by 
                the Secretary.
          ``(4) Report.--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 an annual report detailing--
                  ``(A) a description of the activities carried out 
                under the pilot program;
                  ``(B) an evaluation of the effectiveness of the pilot 
                program in meeting purposes descried in paragraph (1);
                  ``(C) policy recommendations to improve the 
                effectiveness of the pilot program.
  ``(i) Improving the Emergency Relief Program.--Not later than 90 days 
after the date of enactment of the INVEST in America Act, the Secretary 
shall--
          ``(1) revise the emergency relief manual of the Federal 
        Highway Administration--
                  ``(A) to include and reflect the definition of the 
                term `resilience' (as defined in section 101(a));
                  ``(B) to identify procedures that States may use to 
                incorporate resilience into emergency relief projects; 
                and
                  ``(C) to encourage the use of context sensitive 
                design principles and consideration of access for 
                moderate- and low-income families impacted by a 
                declared disaster;
          ``(2) develop best practices for improving the use of 
        resilience in--
                  ``(A) the emergency relief program under section 125; 
                and
                  ``(B) emergency relief efforts;
          ``(3) provide to division offices of the Federal Highway 
        Administration and State departments of transportation 
        information on the best practices developed under paragraph 
        (2); and
          ``(4) develop and implement a process to track--
                  ``(A) the consideration of resilience as part of the 
                emergency relief program under section 125; and
                  ``(B) the costs of emergency relief projects.
  ``(j) Definitions.--In this section:
          ``(1) Comparable facility.--The term `comparable facility' 
        means a facility that meets the current geometric and 
        construction standards required for the types and volume of 
        traffic that the facility will carry over its design life.
          ``(2) Construction phase.--The term `construction phase' 
        means the phase of physical construction of a highway or bridge 
        facility that is separate from any other identified phases, 
        such as planning, design, or right-of-way phases, in the State 
        transportation improvement program.
          ``(3) Open to public travel.--The term `open to public 
        travel' means with respect to a road, that, except during 
        scheduled periods, extreme weather 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) Sunset.--On the date that is 5 years after the date of enactment 
of this Act, the authority provided under section 125(h) of title 23, 
United States Code, shall terminate.
  (c) Conforming Amendments.--
          (1) Federal lands and tribal transportation programs.--
        Section 201(c)(8)(A) of title 23, United States Code, is 
        amended by striking ``section 125(e)'' and inserting ``section 
        125(g)''.
          (2) Tribal transportation program.--Section 202(b)(6)(A) of 
        title 23, United States Code, is amended by striking ``section 
        125(e)'' and inserting ``section 125(d)''.
  (d) Repeal.--Section 668.105(h) of title 23, Code of Federal 
Regulations, is repealed.

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 
        and vegetation control and clearance) to enhance the resilience 
        of a transportation facility otherwise eligible for assistance 
        under this section.
          ``(17) Projects to reduce greenhouse gas emissions eligible 
        under section 171, including the installation of electric 
        vehicle charging infrastructure.
          ``(18) Projects and strategies to reduce vehicle-caused 
        wildlife mortality related to, or to restore and maintain 
        connectivity among terrestrial or aquatic habitats affected by, 
        a transportation facility otherwise eligible for assistance 
        under this section.
          ``(19) A surface transportation project carried out in 
        accordance with the national travel and tourism infrastructure 
        strategic plan under section 1431(e) of the FAST Act (49 U.S.C. 
        301 note).'';
          (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 ``57 percent for 
                                fiscal year 2022, 58 percent for fiscal 
                                year 2023, 59 percent for fiscal year 
                                2024, and 60 percent for fiscal year 
                                2025'';
                                  (II) in clause (i) by striking ``of 
                                over'' and inserting ``greater than''; 
                                and
                                  (III) by striking clauses (ii) and 
                                (iii) and inserting the following:
                          ``(ii) in urbanized areas of the State with 
                        an urbanized area 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 under this section 
                in fiscal year 2020, not including the amounts 
                described in subparagraph (C).
                  ``(B) Reduction of expenditures.--The Secretary, 
                after consultation with State and local officials, may 
                reduce the requirement for expenditures for off-system 
                bridges under subparagraph (A) with respect to the 
                State if the Secretary determines that the State has 
                inadequate needs to justify the expenditure.
                  ``(C) Limitations.--The following amounts shall not 
                be used for the purposes of meeting the requirements of 
                subparagraph (A):
                          ``(i) Amounts described in section 
                        133(d)(1)(A).
                          ``(ii) Amounts set aside under section 
                        133(h).
                          ``(iii) Amounts described in section 505(a).
          ``(3) Credit for bridges not on federal-aid highways.--
        Notwithstanding any other provision of law, with respect to any 
        project not on a Federal-aid highway for the replacement of a 
        bridge or rehabilitation of a bridge that is wholly funded from 
        State and local sources, is eligible for Federal funds under 
        this section, is certified by the State to have been carried 
        out in accordance with all standards applicable to such 
        projects under this section, and is determined by the Secretary 
        upon completion to be no longer a deficient bridge--
                  ``(A) any amount expended after the date of enactment 
                of this subsection from State and local sources for the 
                project in excess of 20 percent of the cost of 
                construction of the project may be credited to the non-
                Federal share of the cost of other bridge projects in 
                the State that are eligible for Federal funds under 
                this section; and
                  ``(B) that crediting shall be conducted in accordance 
                with procedures established by the Secretary.''; and
          (8) in subsection (g)(1)--
                  (A) by striking ``subsection (d)(1)(A)(ii) for each 
                of fiscal years 2016 through 2020'' and inserting 
                ``subsection (d)(1)(A)(iv) for each fiscal year'';
                  (B) by inserting ``rural'' after ``functionally 
                classified as''; and
                  (C) by inserting ``or local roads, or on critical 
                rural freight corridors 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'' each time such term appears; 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 subsections (d) and (e), except that, for 
                purposes of this paragraph (after funds are made 
                available under paragraph (5))--
                          ``(i) for each fiscal year, the percentage 
                        referred to in paragraph (1)(A) of subsection 
                        (d) shall be deemed to be 66 percent; and
                          ``(ii) paragraph (3) of subsection (d) shall 
                        not apply.
                  ``(B) Local control.--
                          ``(i) In general.--A State may make available 
                        up to 100 percent of the funds set aside under 
                        paragraph (1) to the entities described in 
                        subclause (I) if the State submits to the 
                        Secretary, and the Secretary approves, a plan 
                        that describes--
                                  ``(I) how such funds shall be made 
                                available to metropolitan planning 
                                organizations, regional transportation 
                                planning organizations, counties, or 
                                other regional transportation 
                                authorities;
                                  ``(II) how the entities described in 
                                subclause (I) shall select projects for 
                                funding and how such entities shall 
                                report selected projects to the State;
                                  ``(III) the legal, financial, and 
                                technical capacity of such entities; 
                                and
                                  ``(IV) the procedures in place to 
                                ensure such entities comply with the 
                                requirements of this title.
                          ``(ii) Requirement.--A State that makes 
                        funding available under a plan approved under 
                        this subparagraph shall make available an 
                        equivalent amount of obligation authority to an 
                        entity described in clause (i)(I) to whom funds 
                        are made available under this subparagraph.
          ``(3) Eligible projects.--Funds set aside under this 
        subsection may be obligated for any of the following projects 
        or activities:
                  ``(A) Construction, planning, and design of on-road 
                and off-road trail facilities for pedestrians, 
                bicyclists, and other nonmotorized forms of 
                transportation, including sidewalks, bicycle 
                infrastructure, pedestrian and bicycle signals, traffic 
                calming techniques, lighting and other safety-related 
                infrastructure, and transportation projects to achieve 
                compliance with the Americans with Disabilities Act of 
                1990 (42 U.S.C. 12101 et seq.).
                  ``(B) Construction, planning, and design of 
                infrastructure-related projects and systems that will 
                provide safe routes for nondrivers, including children, 
                older adults, and individuals with disabilities to 
                access daily needs.
                  ``(C) Conversion and use of abandoned railroad 
                corridors for trails for pedestrians, bicyclists, or 
                other nonmotorized transportation users.
                  ``(D) Construction of turnouts, overlooks, and 
                viewing areas.
                  ``(E) Community improvement activities, including--
                          ``(i) inventory, control, or removal of 
                        outdoor advertising;
                          ``(ii) historic preservation and 
                        rehabilitation of historic transportation 
                        facilities;
                          ``(iii) vegetation management practices in 
                        transportation rights-of-way to improve roadway 
                        safety, prevent against invasive species, 
                        facilitate wildfire control, and provide 
                        erosion control; and
                          ``(iv) archaeological activities relating to 
                        impacts from implementation of a transportation 
                        project eligible under this title.
                  ``(F) Any environmental mitigation activity, 
                including pollution prevention and pollution abatement 
                activities and mitigation to address stormwater 
                management, control, and water pollution prevention or 
                abatement related to highway construction or due to 
                highway runoff, including activities described in 
                sections 328(a) and 329.
                  ``(G) Projects and strategies to reduce vehicle-
                caused wildlife mortality related to, or to restore and 
                maintain connectivity among terrestrial or aquatic 
                habitats affected by, a transportation facility 
                otherwise eligible for assistance under this 
                subsection.
                  ``(H) The recreational trails program under section 
                206.
                  ``(I) The safe routes to school program under section 
                211.
                  ``(J) Activities in furtherance of a vulnerable road 
                user assessment described in section 148.
                  ``(K) Any other projects or activities described in 
                section 101(a)(29) or section 213, as such sections 
                were in effect on the day before the date of enactment 
                of the FAST Act (Public Law 114-94).
          ``(4) Access to funds.--
                  ``(A) In general.--A State, metropolitan planning 
                organization required to obligate funds in accordance 
                with paragraph (2)(A), or an entity required to 
                obligate funds in accordance with paragraph (2)(B) 
                shall develop a competitive process to allow eligible 
                entities to submit projects for funding that achieve 
                the objectives of this subsection. A metropolitan 
                planning organization for an area described in 
                subsection (d)(1)(A)(i) shall select projects under 
                such process in consultation with the relevant State.
                  ``(B) Eligible entity defined.--In this paragraph, 
                the term `eligible entity' means--
                          ``(i) a local government, including a county 
                        or multi-county special district;
                          ``(ii) a regional transportation authority;
                          ``(iii) a transit agency;
                          ``(iv) a natural resource or public land 
                        agency;
                          ``(v) a school district, local education 
                        agency, or school;
                          ``(vi) a tribal government;
                          ``(vii) a metropolitan planning organization 
                        that serves an urbanized area with a population 
                        of 200,000 or fewer;
                          ``(viii) a nonprofit organization carrying 
                        out activities related to transportation;
                          ``(ix) any other local or regional 
                        governmental entity with responsibility for or 
                        oversight of transportation or recreational 
                        trails (other than a metropolitan planning 
                        organization that serves an urbanized area with 
                        a population of over 200,000 or a State agency) 
                        that the State determines to be eligible, 
                        consistent with the goals of this subsection; 
                        and
                          ``(x) a State, at the request of any entity 
                        listed in clauses (i) through (ix).
          ``(5) Continuation of certain recreational trails projects.--
                  ``(A) In general.--For each fiscal year, a State 
                shall--
                          ``(i) obligate an amount of funds set aside 
                        under this subsection equal to 175 percent of 
                        the amount of the funds apportioned to the 
                        State for fiscal year 2009 under section 
                        104(h)(2), as in effect on the day before the 
                        date of enactment of MAP-21, for projects 
                        relating to recreational trails under section 
                        206;
                          ``(ii) return 1 percent of the funds 
                        described in clause (i) to the Secretary for 
                        the administration of such program; and
                          ``(iii) comply with the provisions of the 
                        administration of the recreational trails 
                        program under section 206, including the use of 
                        apportioned funds described in subsection 
                        (d)(3)(A) of such section.
                  ``(B) State flexibility.--A State may opt out of the 
                recreational trails program under this paragraph if the 
                Governor of the State notifies the Secretary not later 
                than 30 days prior to the date on which an 
                apportionment is made under section 104 for any fiscal 
                year.
          ``(6) Improving accessibility and efficiency.--
                  ``(A) In general.--A State may use an amount equal to 
                not more than 5 percent of the funds set aside for the 
                State under this subsection, after allocating funds in 
                accordance with paragraph (2)(A), to improve the 
                ability of applicants to access funding for projects 
                under this subsection in an efficient and expeditious 
                manner by providing--
                          ``(i) to applicants for projects under this 
                        subsection application assistance, technical 
                        assistance, and assistance in reducing the 
                        period of time between the selection of the 
                        project and the obligation of funds for the 
                        project; and
                          ``(ii) funding for 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--
                                  ``(I) that the State held a 
                                competition in compliance with the 
                                requirements of this subsection in such 
                                form as the Secretary determines 
                                appropriate;
                                  ``(II) that the State offered 
                                technical assistance to all eligible 
                                entities and provided such assistance 
                                upon request by an eligible entity; and
                                  ``(III) that there were not 
                                sufficient suitable applications from 
                                eligible entities to use the funds 
                                described in clause (i).
                  ``(B) MPO authority.--
                          ``(i) In general.--A metropolitan planning 
                        organization that represents an urbanized area 
                        with a population of greater than 200,000 may 
                        use not more than 50 percent of the funds set 
                        aside under this subsection for an urbanized 
                        area described in subsection (d)(1)(A)(i) for 
                        any purpose eligible under subsection (b).
                          ``(ii) Restriction.--Funds may be used as 
                        described in clause (i) only if the Secretary 
                        certifies that the metropolitan planning 
                        organization--
                                  ``(I) held a competition in 
                                compliance with the requirements of 
                                this subsection in such form as the 
                                Secretary determines appropriate; and
                                  ``(II) demonstrates that there were 
                                not sufficient suitable applications 
                                from eligible entities to use the funds 
                                described in clause (i).
          ``(9) Annual reports.--
                  ``(A) In general.--Each State or metropolitan 
                planning organization responsible for carrying out the 
                requirements of this subsection shall submit to the 
                Secretary an annual report that describes--
                          ``(i) the number of project applications 
                        received for each fiscal year, including--
                                  ``(I) the aggregate cost of the 
                                projects for which applications are 
                                received; and
                                  ``(II) the types of projects 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) remove a bridge classified as in poor 
                        condition in order to improve community 
                        connectivity, or 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 (A)--
                                  (I) in clause (ix) by striking 
                                ``and'' at the end;
                                  (II) by redesignating clause (x) as 
                                clause (xi); and
                                  (III) by inserting after clause (ix) 
                                the following:
                          ``(x) State or local representatives of 
                        educational agencies to address safe routes to 
                        school and schoolbus safety; and'';
                          (ii) in subparagraph (E) by inserting 
                        ``Tribal,'' after ``State,'';
                          (iii) by redesignating subparagraphs (G), 
                        (H), and (I) as subparagraphs (H), (I), and 
                        (J), respectively; and
                          (iv) by inserting after subparagraph (F) the 
                        following:
                  ``(G) includes a vulnerable road user safety 
                assessment described under paragraph (16);'';
                  (C) by redesignating paragraphs (10), (11), and (12) 
                as paragraphs (12), (13), and (14), respectively;
                  (D) by inserting after paragraph (9) the following:
          ``(10) Safe system approach.--The term `safe system approach' 
        means a roadway design that emphasizes minimizing the risk of 
        injury or fatality to road users and that--
                  ``(A) takes into consideration the possibility and 
                likelihood of human error;
                  ``(B) accommodates human injury tolerance by taking 
                into consideration likely crash types, resulting impact 
                forces, and the human body's ability to withstand such 
                forces; and
                  ``(C) takes into consideration vulnerable road users.
          ``(11) Specified safety project.--
                  ``(A) In general.--The term `specified safety 
                project' means a project 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 or a metropolitan planning 
        organization within the State with respect to vulnerable road 
        users and the plan of the State or metropolitan planning 
        organization to improve the safety of vulnerable road users 
        described in subsection (l).'';
          (2) in subsection (c)--
                  (A) in paragraph (1) by striking ``(a)(11)'' and 
                inserting ``(a)(13)''; and
                  (B) in paragraph (2)--
                          (i) in subparagraph (A)(vi) by inserting ``, 
                        consistent with the vulnerable road user safety 
                        assessment'' after ``nonmotorized crashes'';
                          (ii) in subparagraph (B)(i)--
                                  (I) by inserting ``, consistent with 
                                a safe system approach,'' after 
                                ``identify'';
                                  (II) by inserting ``excessive design 
                                speeds and speed limits,'' after 
                                ``crossing needs,''; and
                                  (III) by striking ``motorists 
                                (including motorcyclists), bicyclists, 
                                pedestrians, and other highway users'' 
                                and inserting ``road users''; and
                          (iii) in subparagraph (D)(iii) by striking 
                        ``motorists (including motorcyclists), 
                        bicyclists, pedestrians, persons with 
                        disabilities, and other highway users'' and 
                        inserting ``road users'';
          (3) in subsection (d)--
                  (A) in paragraph (1)--
                          (i) in subparagraph (A) by striking ``Not 
                        later than 1 year after the date of enactment 
                        of the MAP-21, the'' and inserting ``The''; and
                          (ii) in subparagraph (B)--
                                  (I) in clause (iv) by inserting ``and 
                                serious injury'' after ``fatality'';
                                  (II) in clause (vii) by striking ``; 
                                and'' and inserting a semicolon;
                                  (III) by redesignating clause (viii) 
                                as clause (ix); and
                                  (IV) by inserting after clause (vii) 
                                the following:
                          ``(viii) the findings of a vulnerable road 
                        user safety assessment of the State; and''; and
                  (B) in paragraph (2)(B)(i) by striking ``subsection 
                (a)(11)'' and inserting ``subsection (a)(13)'';
          (4) in subsection (e)--
                  (A) in paragraph (1)(C) by striking ``, without 
                regard to whether the project is included in an 
                applicable State strategic highway safety plan''; and
                  (B) by adding at the end the following:
          ``(3) Flexible funding for specified safety projects.--
                  ``(A) In general.--To advance the implementation of a 
                State strategic highway safety plan, a State may use 
                not more than 10 percent of the amounts apportioned to 
                the State under section 104(b)(3) for a fiscal year to 
                carry out specified safety projects.
                  ``(B) Rule of statutory construction.--Nothing in 
                this paragraph shall be construed to require a State to 
                revise any State process, plan, or program in effect on 
                the date of enactment of this paragraph.
                  ``(C) Effect of paragraph.--
                          ``(i) Requirements.--A project funded under 
                        this paragraph shall be subject to all 
                        requirements under this section that apply to a 
                        highway safety improvement project.
                          ``(ii) Other apportioned programs.--
                        Subparagraph (A) shall not apply to amounts 
                        that may be obligated for noninfrastructure 
                        projects apportioned under any other paragraph 
                        of section 104(b).'';
          (5) in subsection (g)--
                  (A) by amending paragraph (1) to read as follows:
          ``(1) High-risk rural road safety.--
                  ``(A) In general.--If 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 described under 
                section 133(d)(1)(B).
                  ``(C) Annual determination.--The determination 
                described under subparagraph (A) shall be made on an 
                annual basis.
                  ``(D) Consultation.--In carrying out a project with 
                an amount obligated under subparagraph (A), a State 
                shall consult with, as applicable, local governments, 
                metropolitan planning organizations, and regional 
                transportation planning organizations.'';
                  (B) in paragraph (2)--
                          (i) in the heading by striking ``drivers'' 
                        and inserting ``road users''; and
                          (ii) by striking ``address the increases in'' 
                        and inserting ``reduce''; and
                  (C) by adding at the end the following:
          ``(3) Vulnerable road user safety.--
                  ``(A) In general.--Beginning on the date of enactment 
                of the INVEST in America Act, if a State determines 
                that the number of vulnerable road user fatalities and 
                serious injuries per capita in such State over the most 
                recent 2-year period for which data are available 
                exceeds the median number of such fatalities and 
                serious injuries per capita among all States, that 
                State shall be required to obligate over the 2 fiscal 
                years following the fiscal year in which such 
                determination is made an amount that is not less than 
                50 percent of the amount set aside in such State under 
                section 133(h)(1) for fiscal year 2020, less any 
                amounts obligated by a metropolitan planning 
                organization in the State as required by subparagraph 
                (D), for--
                          ``(i) in the first fiscal year--
                                  ``(I) performing the vulnerable user 
                                safety assessment as prescribed by 
                                subsection (l);
                                  ``(II) providing matching funds for 
                                transportation alternatives safety 
                                project as identified in section 
                                133(h)(7)(B); and
                                  ``(III) projects eligible under 
                                section 133(h)(3)(A), (B), (C), or (I); 
                                and
                          ``(ii) in each fiscal year thereafter, the 
                        program of projects identified in subsection 
                        (l)(2)(C).
                  ``(B) Source of funds.--Any amounts obligated under 
                subparagraph (A) shall be from amounts described in 
                section 133(d)(1)(B).
                  ``(C) Annual determination.--The determination 
                described under subparagraph (A) shall be made on an 
                annual basis.
                  ``(D) Metropolitan planning area with excessive 
                fatalities and serious injuries per capita.--
                          ``(i) Annual determination.--Beginning on the 
                        date of enactment of the INVEST in America Act, 
                        a metropolitan planning organization 
                        representing an urbanized area with a 
                        population greater than 200,000 shall annually 
                        determine the number of vulnerable user road 
                        fatalities and serious injuries per capita in 
                        such area over the most recent 2-year period.
                          ``(ii) Requirement to obligate funds.--If 
                        such a metropolitan planning area organization 
                        determines that the number of vulnerable user 
                        road fatalities and serious injuries per capita 
                        in such area over the most recent 2-year period 
                        for which data are available exceeds the median 
                        number of such fatalities and serious injuries 
                        among all urbanized areas with a population of 
                        over 200,000, then there shall be obligated 
                        over the 2 fiscal years following the fiscal 
                        year in which such determination is made an 
                        amount that is not less than 50 percent of the 
                        amount set aside for that urbanized area under 
                        section 133(h)(2) for fiscal year 2020 for 
                        projects identified in the program of projects 
                        described in subsection (l)(7)(C).
                  ``(E) Source of funds.--
                          ``(i) Metropolitan planning organization in 
                        state required to obligate funds.--For a 
                        metropolitan planning organization in a State 
                        required to obligate funds to vulnerable user 
                        safety under subparagraph (A), the State shall 
                        be required to obligate from such amounts 
                        required to be obligated for vulnerable road 
                        user safety under subparagraph (B) for projects 
                        described in subsection (l)(7).
                          ``(ii) Other metropolitan planning 
                        organizations.--For a metropolitan planning 
                        organization that is not located within a State 
                        required to obligate funds to vulnerable user 
                        safety under subparagraph (A), the State shall 
                        be required to obligate from amounts 
                        apportioned under section 104(b)(3) for 
                        projects described in subsection (l)(7).'';
          (6) in subsection (h)(1)(A) by inserting ``, including any 
        efforts to reduce 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 1 year after date of 
        enactment of the INVEST in America Act, each State shall create 
        a vulnerable road user safety assessment.
          ``(2) Contents.--A vulnerable road user safety assessment 
        required under paragraph (1) shall include--
                  ``(A) a description of the location within the State 
                of each vulnerable road user fatality and serious 
                injury and the design speed of the roadway at any such 
                location;
                  ``(B) a description of any corridors identified by a 
                State, in coordination with local governments, 
                metropolitan planning organizations, and regional 
                transportation planning organizations that pose a high 
                risk of a vulnerable road user fatality or serious 
                injury and the design speeds of such corridors; and
                  ``(C) a program of projects or strategies to reduce 
                safety risks to vulnerable road users in corridors 
                identified under subparagraph (B), in coordination with 
                local governments, metropolitan planning organizations, 
                and regional transportation planning organizations that 
                represent a high-risk area identified under 
                subparagraph (B).
          ``(3) Analysis.--In creating a vulnerable road user safety 
        assessment under this subsection, a State shall assess the last 
        5 years of available data.
          ``(4) Requirements.--In creating a vulnerable road user 
        safety assessment under this subsection, a State shall--
                  ``(A) take into consideration a safe system approach; 
                and
                  ``(B) coordinate with local governments, metropolitan 
                planning organizations, and regional transportation 
                planning organizations that represent a high-risk area 
                identified under paragraph (2)(B).
          ``(5) Update.--A State shall update a vulnerable road user 
        safety assessment on the same schedule as the State updates the 
        State strategic highway safety plan.
          ``(6) Transportation system access.--The program of projects 
        developed under paragraph (2)(C) may not degrade transportation 
        system access for vulnerable road users.''.
  (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 or alternative cost allocation under section 
        24712(g)(3) of title 49.
          ``(2) Time limitation.--In determining the amount of time for 
        which a State may obligate funds under paragraph (1) for 
        operating assistance for an area of a State or on a system, the 
        Secretary shall allow such obligations to occur, in such area 
        or on such system--
                  ``(A) with a time limitation of not less than 3 
                years; and
                  ``(B) in the case of projects that demonstrate 
                continued net air quality benefits beyond 3 years, as 
                determined annually by the Secretary in consultation 
                with the Administrator of the Environmental Protection 
                Agency, with no imposed time limitation.''.

SEC. 1211. ELECTRIC VEHICLE CHARGING STATIONS.

  (a) Electric Vehicle Charging Stations.--Chapter 1 of title 23, 
United States Code, is amended by inserting after section 154 the 
following new section:

``Sec. 155. Electric vehicle charging stations

  ``(a) In General.--Any electric vehicle charging infrastructure 
funded under this title shall be subject to the requirements of this 
section.
  ``(b) Interoperability.--
          ``(1) In general.--Electric vehicle charging stations funded 
        under this title shall provide, at a minimum, two of the 
        following charging connector types at the location:
                  ``(A) CCS.
                  ``(B) CHAdeMO.
                  ``(C) An alternative connector that meets applicable 
                industry safety standards
          ``(2) Savings clause.--Nothing in this subsection shall 
        prevent the use of charging types other than the connectors 
        described in paragraph (1) if, at a minimum, such connectors 
        meet applicable industry safety standards and are compatible 
        with a majority of electric vehicles in operation.
  ``(c) Open Access to Payment.--Electric vehicle charging stations 
shall provide payment methods available to all members of the public to 
ensure secure, 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.
  ``(e) Certification.--The Secretary of Commerce shall certify that no 
electric vehicle charging stations installed under this section use 
minerals sourced or processed with child labor, as such term is defined 
in Article 3 of the International Labor Organization Convention 
concerning the prohibition and immediate action for the elimination of 
the worst forms of child labor (December 2, 2000), or in violation of 
human rights.''.
  (b) Clerical Amendment.--The analysis for chapter 1 of title 23, 
United States Code, is amended by inserting after the item relating to 
section 154 the following new item:

``155. Electric vehicle charging stations.''.

  (c) Electric Vehicle Charging Signage.--The Secretary of 
Transportation shall update the Manual on Uniform Traffic Control 
Devices to--
          (1) ensure uniformity in providing road users direction to 
        electric charging stations that are open to the public; and
          (2) allow the use of Specific Service signs for electric 
        vehicle charging station providers.
  (d) Agreements Relating to the Use and Access of Rights-of-way of the 
Interstate System.--Section 111 of title 23, United States Code, is 
amended by adding at the end the following:
  ``(f) Interstate System Rights-of Way.--
          ``(1) In general.--Notwithstanding subsections (a) or (b), 
        the Secretary shall permit, consistent with section 155, the 
        charging of electric vehicles on rights-of-way of the 
        Interstate System in--
                  ``(A) a rest area; or
                  ``(B) a fringe or corridor parking facility, 
                including a park and ride facility.
          ``(2) Savings clause.--Nothing in this subsection shall 
        permit commercial activities on rights-of-way of the Interstate 
        System, except as necessary for the charging of electric 
        vehicles in accordance with this subsection.''.

SEC. 1212. NATIONAL HIGHWAY FREIGHT PROGRAM.

  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:

``Sec. 171. Carbon pollution reduction

  ``(a) Establishment.--The Secretary shall establish a carbon 
pollution reduction program to support the reduction of greenhouse gas 
emissions from the surface transportation system.
  ``(b) Eligible Projects.--A project is eligible for funding under 
this section if such project--
          ``(1) is expected to yield a significant reduction in 
        greenhouse gas emissions from the surface transportation 
        system;
          ``(2) will help a State meet the greenhouse gas emissions 
        performance targets established under section 150(c)(7); and
          ``(3) is--
                  ``(A) eligible for assistance under this title or 
                under chapter 53 of title 49; or
                  ``(B) a capital project, as such term is defined in 
                section 22906 of title 49, to improve intercity rail 
                passenger transportation, provided that the project 
                will yield a significant reduction in single occupant 
                vehicle trips and improve mobility on public roads.
  ``(c) Guidance.--The Secretary shall issue guidance on methods of 
determining the reduction of single occupant vehicle trips and 
improvement of mobility on public roads as those factors relate to 
intercity rail passenger transportation projects under subsection 
(b)(4).
  ``(d) Operating Expenses.--A State may use not more than 10 percent 
of the funds provided under section 104(b)(9) for the operating 
expenses of public transportation and passenger rail transportation 
projects.
  ``(e) Single-Occupancy Vehicle Highway Facilities.--None of the funds 
provided under this section may be used for a project that will result 
in the construction of new capacity available to single occupant 
vehicles unless the project consists of a high occupancy vehicle 
facility and is consistent with section 166.
  ``(f) Evaluation.--
          ``(1) In general.--The Secretary shall annually evaluate the 
        progress of each State in carrying out the program under this 
        section by comparing the percent change in carbon dioxide 
        emissions per capita on public roads in the State calculated 
        as--
                  ``(A) the annual carbon dioxide emissions per capita 
                on public roads in the State for the most recent year 
                for which there is data; divided by
                  ``(B) the average annual carbon dioxide emissions per 
                capita on public roads in the State in calendar years 
                2015 through 2019.
          ``(2) Measures.--In conducting the evaluation under paragraph 
        (1), the Secretary shall--
                  ``(A) prior to the effective date of the greenhouse 
                gas performance measures under section 150(c)(7), 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.''.

  (c) Applicability.--Subsection (b)(2) of section 171 of title 23, 
United States Code, as added by this section, shall apply to a State 
beginning on the first fiscal year following the fiscal year in which 
the State sets greenhouse gas performance targets under section 150(d) 
of title 23, United States Code.

SEC. 1214. RECREATIONAL TRAILS.

  Section 206 of title 23, United States Code, is amended by adding at 
the end the following:
  ``(j) Use of Other Apportioned Funds.--Funds apportioned to a State 
under 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:

``Sec. 211. Safe routes to school program

  ``(a) Program.--The Secretary shall carry out a safe routes to school 
program for the benefit of children in primary, middle, and high 
schools.
  ``(b) Purposes.--The purposes of the program shall be--
          ``(1) to enable and encourage children, including those with 
        disabilities, to walk and bicycle to school;
          ``(2) to make bicycling and walking to school a safer and 
        more appealing transportation alternative, thereby encouraging 
        a healthy and active lifestyle from an early age; and
          ``(3) to facilitate the planning, development, and 
        implementation of projects and activities that will improve 
        safety and reduce traffic, fuel consumption, and air pollution 
        in the vicinity of schools.
  ``(c) Use of Funds.--Amounts apportioned to a State under paragraphs 
(2) and (3) of section 104(b) may be used to carry out projects, 
programs, and other activities under this section.
  ``(d) Eligible Entities.--Projects, programs, and activities funded 
under this section may be carried out by eligible entities described 
under section 133(h)(4)(B) that demonstrate an ability to meet the 
requirements of this section.
  ``(e) Eligible Projects and Activities.--
          ``(1) Infrastructure-related projects.--
                  ``(A) In general.--A State may obligate funds under 
                this section for the planning, design, and construction 
                of infrastructure-related projects that will 
                substantially improve the ability of students to walk 
                and bicycle to school, including sidewalk improvements, 
                traffic calming and speed reduction improvements, 
                pedestrian and bicycle crossing improvements, on-street 
                bicycle facilities, off-street bicycle and pedestrian 
                facilities, secure bicycle parking facilities, and 
                traffic diversion improvements in the vicinity of 
                schools.
                  ``(B) Location of projects.--Infrastructure-related 
                projects under subparagraph (A) may be carried out on 
                any public road or any bicycle or pedestrian pathway or 
                trail in the vicinity of schools.
          ``(2) Noninfrastructure-related activities.--In addition to 
        projects described in paragraph (1), a State may obligate funds 
        under this section for noninfrastructure-related activities to 
        encourage walking and bicycling to school, including--
                  ``(A) public awareness campaigns and outreach to 
                press and community leaders;
                  ``(B) traffic education and enforcement in the 
                vicinity of schools;
                  ``(C) student sessions on bicycle and pedestrian 
                safety, health, and environment;
                  ``(D) programs that address personal safety; and
                  ``(E) funding for training, volunteers, and managers 
                of safe routes to school programs.
          ``(3) Safe routes to school coordinator.--Each State 
        receiving an apportionment under paragraphs (2) and (3) of 
        section 104(b) shall use a sufficient amount of the 
        apportionment to fund a full-time position of coordinator of 
        the State's safe routes to school program.
          ``(4) Rural school district outreach.--A coordinator 
        described in paragraph (3) shall conduct outreach to ensure 
        that rural school districts in the State are aware of such 
        State's safe routes to school program and the funds authorized 
        by this section.
  ``(f) Federal Share.--The Federal share of the cost of a project, 
program, or activity under this section shall be 100 percent.
  ``(g) Clearinghouse.--
          ``(1) In general.--The Secretary shall maintain a national 
        safe routes to school clearinghouse to--
                  ``(A) develop information and educational programs on 
                safe routes to school; and
                  ``(B) provide technical assistance and disseminate 
                techniques and strategies used for successful safe 
                routes to school programs.
          ``(2) Funding.--The Secretary shall carry out this subsection 
        using amounts authorized to be appropriated for administrative 
        expenses under section 104(a).
  ``(h) 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 ``at 
                least one full-time positions'';
          (2) in subsection (e) by striking ``bicycles'' and inserting 
        ``pedestrians or bicyclists'' each place such term appears; and
          (3) in subsection (j) by striking paragraph (2) and inserting 
        the following:
          ``(2) Electric bicycle.--The term `electric bicycle' means 
        mean a bicycle equipped with fully operable pedals, a saddle or 
        seat for the rider, and an electric motor of less than 750 
        watts that can safely share a bicycle transportation facility 
        with other users of such facility and meets the requirements of 
        one of the following three classes:
                  ``(A) Class 1 electric bicycle.--The term `class 1 
                electric bicycle' means an electric bicycle equipped 
                with a motor that provides assistance only when the 
                rider is pedaling, and that ceases to provide 
                assistance when the bicycle reaches the speed of 20 
                miles per hour.
                  ``(B) Class 2 electric bicycle.--The term `class 2 
                electric bicycle' means an electric bicycle equipped 
                with a motor that may be used exclusively to propel the 
                bicycle, and that is not capable of providing 
                assistance when the bicycle reaches the speed of 20 
                miles per hour.
                  ``(C) Class 3 electric bicycle.--The term `class 3 
                electric bicycle' means an electric bicycle equipped 
                with a motor that provides assistance only when the 
                rider is pedaling, and that ceases to provide 
                assistance when the bicycle reaches the speed of 28 
                miles per hour.''.

                 Subtitle C--Project-Level Investments

SEC. 1301. PROJECTS OF NATIONAL AND REGIONAL SIGNIFICANCE.

  (a) In General.--Section 117 of title 23, United States Code, is 
amended to read as follows:

``Sec. 117. Projects of national and regional significance

  ``(a) Establishment.--The Secretary shall establish a projects of 
national and regional significance program under which the Secretary 
may make grants to, and establish multiyear grant agreements with, 
eligible entities in accordance with this section.
  ``(b) Applications.--To be eligible for a grant under this section, 
an eligible entity shall submit to the Secretary an application in such 
form, in such manner, and containing such information as the Secretary 
may require.
  ``(c) Grant Amounts and Project Costs.--
          ``(1) In general.--Each grant made under this section--
                  ``(A) shall be in an amount that is at least 
                $25,000,000; and
                  ``(B) shall be for a project that has eligible 
                project costs that are reasonably anticipated to equal 
                or exceed the lesser of--
                          ``(i) $100,000,000; or
                          ``(ii) in the case of a project--
                                  ``(I) located in 1 State or 
                                territory, 30 percent of the amount 
                                apportioned under this chapter to the 
                                State or territory in the most recently 
                                completed fiscal year; or
                                  ``(II) located in more than 1 State 
                                or territory, 50 percent of the amount 
                                apportioned under this chapter to the 
                                participating State or territory with 
                                the largest apportionment under this 
                                chapter in the most recently completed 
                                fiscal year.
          ``(2) Large projects.--For a project that has eligible 
        project costs that are reasonably anticipated to equal or 
        exceed $500,000,000, a grant made under this section--
                  ``(A) shall be in an amount sufficient to fully fund 
                the project, or in the case of a public transportation 
                project, a minimum operable segment, in combination 
                with other funding sources, including non-Federal 
                financial commitment, identified in the application; 
                and
                  ``(B) may be awarded pursuant to the process under 
                subsection (d), as necessary based on the amount of the 
                grant.
  ``(d) Multiyear Grant Agreements for Large Projects.--
          ``(1) In general.--A large project that receives a grant 
        under this section may be carried out through a multiyear grant 
        agreement in accordance with this subsection.
          ``(2) Requirements.--A multiyear grant agreement for a large 
        project shall--
                  ``(A) establish the terms of participation by the 
                Federal Government in the project;
                  ``(B) establish the amount of Federal financial 
                assistance for the project;
                  ``(C) establish a schedule of anticipated Federal 
                obligations for the project that provides for 
                obligation of the full grant amount by not later than 4 
                fiscal years after the fiscal year in which the initial 
                amount is provided; and
                  ``(D) determine the period of time for completing the 
                project, even if such period extends beyond the period 
                of an authorization.
          ``(3) Special rules.--
                  ``(A) In general.--A multiyear grant agreement under 
                this subsection--
                          ``(i) shall obligate an amount of available 
                        budget authority specified in law; and
                          ``(ii) may include a commitment, contingent 
                        on amounts to be specified in law in advance 
                        for commitments under this paragraph, to 
                        obligate an additional amount from future 
                        available budget authority specified in law.
                  ``(B) Contingent commitment.--A contingent commitment 
                under this subsection is not an obligation of the 
                Federal Government under section 1501 of title 31.
                  ``(C) Interest and other financing costs.--
                          ``(i) In general.--Interest and other 
                        financing costs of carrying out a part of the 
                        project within a reasonable time shall be 
                        considered a cost of carrying out the project 
                        under a multiyear grant agreement, except that 
                        eligible costs may not be more than the cost of 
                        the most favorable financing terms reasonably 
                        available for the project at the time of 
                        borrowing.
                          ``(ii) Certification.--The applicant shall 
                        certify to the Secretary that the applicant has 
                        shown reasonable diligence in seeking the most 
                        favorable financing terms.
          ``(4) Advance payment.--An eligible entity carrying out a 
        large project under a multiyear grant agreement--
                  ``(A) may use funds made available to the eligible 
                entity under this title or title 49 for eligible 
                project costs of the large project; and
                  ``(B) shall be reimbursed, at the option of the 
                eligible entity, for such expenditures from the amount 
                made available under the multiyear grant agreement for 
                the project in that fiscal year or a subsequent fiscal 
                year.
  ``(e) Eligible Projects.--
          ``(1) In general.--The Secretary may make a grant under this 
        section only for a project that is a project eligible for 
        assistance under this title or chapter 53 of title 49 and is--
                  ``(A) a bridge project carried out on the National 
                Highway System, or that is eligible to be carried out 
                under section 165;
                  ``(B) a project to improve person throughput that 
                is--
                          ``(i) a highway project carried out on the 
                        National Highway System, or that is eligible to 
                        be carried out under section 165;
                          ``(ii) a public transportation project; or
                          ``(iii) a capital project, as such term is 
                        defined in section 22906 of title 49, to 
                        improve intercity rail passenger 
                        transportation; or
                  ``(C) a project to improve freight throughput that 
                is--
                          ``(i) a highway freight project carried out 
                        on the National Highway Freight Network 
                        established under section 167 or on the 
                        National Highway System;
                          ``(ii) a freight intermodal, freight rail, or 
                        railway-highway grade crossing or grade 
                        separation project; or
                          ``(iii) within the boundaries of a public or 
                        private freight rail, water (including ports), 
                        or intermodal facility and that is a surface 
                        transportation infrastructure project necessary 
                        to facilitate direct intermodal interchange, 
                        transfer, or access into or out of the 
                        facility.
          ``(2) Limitation.--
                  ``(A) Certain freight projects.--Projects described 
                in clauses (ii) and (iii) of paragraph (1)(C) may 
                receive a grant under this section only if--
                          ``(i) the project will make a significant 
                        improvement to the movement of freight on the 
                        National Highway System; and
                          ``(ii) the Federal share of the project funds 
                        only elements of the project that provide 
                        public benefits.
                  ``(B) Certain projects for person throughput.--
                Projects described in clauses (ii) and (iii) of 
                paragraph (1)(B) may receive a grant under this section 
                only if the project will make a significant improvement 
                in mobility on public roads.
  ``(f) Eligible Project Costs.--An eligible entity receiving a grant 
under this section may use such grant for--
          ``(1) development phase activities, including planning, 
        feasibility analysis, revenue forecasting, environmental 
        review, preliminary engineering and design work, and other 
        preconstruction activities; and
          ``(2) construction, reconstruction, rehabilitation, 
        acquisition of real property (including land related to the 
        project and improvements to the land), environmental 
        mitigation, construction contingencies, acquisition of 
        equipment, and operational improvements directly related to 
        improving system performance.
  ``(g) Project Requirements.--The Secretary may select a project 
described under this section for funding under this section only if the 
Secretary determines that the project--
          ``(1) generates significant regional or national economic, 
        mobility, safety, resilience, or environmental benefits;
          ``(2) is cost effective;
          ``(3) is based on the results of preliminary engineering;
          ``(4) has secured or will secure acceptable levels of non-
        Federal financial commitments, including--
                  ``(A) 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, 
                including visitors based on travel and tourism.
          ``(2) Additional considerations.--In awarding a grant under 
        this section, the Secretary shall also consider the following:
                  ``(A) Whether the project serves low-income residents 
                of low-income communities, including areas of 
                persistent poverty, while not displacing such 
                residents.
                  ``(B) Whether the project uses innovative 
                technologies, innovative design and construction 
                techniques, or pavement materials that demonstrate 
                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 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;
                  ``(G) a territory; and
                  ``(H) 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:

``Sec. 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 and Community Setasides.--
          ``(1) In general.--The Secretary shall reserve--
                  ``(A) not less than 25 percent of the amounts made 
                available to carry out this section for projects 
                located in rural areas; and
                  ``(B) not less than 25 percent of the amounts made 
                available to carry out this section for projects 
                located in urbanized areas with a population greater 
                than 49,999 individuals and fewer than 200,001 
                individuals.
          ``(2) Definition of rural area.--In this subsection, the term 
        `rural area' means all areas of a State or territory not 
        included in urbanized areas.
          ``(3) Excess funding.--If the Secretary determines that there 
        are insufficient qualified applicants to use the funds set 
        aside under this subsection, the Secretary may use such funds 
        for grants for any projects eligible under this section.
  ``(f) Evaluation.--To evaluate applications under this section, the 
Secretary shall--
          ``(1) develop a process to objectively evaluate applications 
        on the benefits of the project proposed in such application--
                  ``(A) to transportation safety, including reductions 
                in traffic fatalities and serious injuries;
                  ``(B) to state of good repair, including improved 
                condition of bridges and pavements;
                  ``(C) to transportation system access, including 
                improved access to jobs and services; and
                  ``(D) in reducing greenhouse gas emissions;
          ``(2) develop a rating system to assign a numeric value to 
        each application, based on each of the criteria described in 
        paragraph (1);
          ``(3) for each application submitted, compare the total 
        benefits of the proposed project, as determined by the rating 
        system developed under paragraph (2), with the costs of such 
        project, and rank each application based on the results of the 
        comparison; and
          ``(4) ensure that only such applications that are ranked 
        highly based on the results of the comparison conducted under 
        paragraph (3) are considered to receive a grant under this 
        section.
  ``(g) Weighting.--In establishing the evaluation process under 
subsection (f), the Secretary may assign different weights to the 
criteria described in subsection (f)(1) based on project type, 
population served by a project, and other context-sensitive 
considerations, provided that--
          ``(1) each application is rated on all criteria described in 
        subsection (f)(1); and
          ``(2) each application has the same possible minimum and 
        maximum rating, regardless of any differences in the weighting 
        of criteria.
  ``(h) Transparency.--
          ``(1) Publicly available information.--Prior to the issuance 
        of any notice of funding opportunity under this section, the 
        Secretary shall make publicly available on the website of the 
        Department of Transportation a detailed explanation of the 
        evaluation and rating process developed under subsection (f), 
        including any differences in the weighting of criteria pursuant 
        to subsection (g), if applicable, and update such website for 
        each revision of the evaluation and rating process.
          ``(2) Notifications to congress.--The Secretary shall submit 
        to the Committee on Transportation and Infrastructure of the 
        House of Representatives, the Committee on Environment and 
        Public Works of the Senate, the Committee on Banking, Housing, 
        and Urban Affairs of the Senate, and the Committee on Commerce, 
        Science, and Transportation of the Senate the following written 
        notifications:
                  ``(A) A notification when the Secretary publishes or 
                updates the information required under paragraph (1).
                  ``(B) Not later than 30 days prior to the date on 
                which the Secretary awards a grant under this section, 
                a notification that includes--
                          ``(i) the ratings of each application 
                        submitted pursuant to subsection (f)(2);
                          ``(ii) the ranking of each application 
                        submitted pursuant to subsection (f)(3); and
                          ``(iii) a list of all applications that 
                        receive final consideration by the Secretary to 
                        receive an award under this section pursuant to 
                        subsection (f)(4).
                  ``(C) Not later than 3 business days prior to the 
                date on which the Secretary announces the award of a 
                grant under this section, a notification describing 
                each grant to be awarded, including the amount and the 
                recipient.
  ``(i) Technical Assistance.--Of the amounts made available to carry 
out this section, the Secretary may reserve up to $3,000,000 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;
                  ``(F) a special purpose district with a 
                transportation function or a port authority;
                  ``(G) a territory; or
                  ``(H) a State that applies for a grant under this 
                section jointly with an entity described in 
                subparagraphs (A) through (G).
          ``(2) Eligible project.--The term `eligible project' means 
        any project eligible under this title or chapter 53 of title 
        49.''.
  (b) Clerical Amendment.--The analysis for chapter 1 of title 23, 
United States Code, is further amended by adding at the end the 
following new item:

``173. Community transportation investment grant program.''.

SEC. 1303. 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, natural gas fueling, propane fueling, and hydrogen 
fueling infrastructure along designated alternative fuel corridors that 
will be accessible to all drivers of electric vehicles, natural gas 
vehicles, propane vehicles, and hydrogen vehicles.
  (b) Grant Program.--Section 151 of title 23, United States Code, is 
amended--
          (1) in subsection (a) by striking ``Not later than 1 year 
        after the date of 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, natural gas fueling, propane 
                fueling, and hydrogen fueling infrastructure in those 
                corridors;
                  ``(B) the total number and location of charging and 
                fueling stations installed under subsection (f); and
                  ``(C) the total estimated greenhouse gas emissions 
                that have been reduced through the use of electric 
                vehicle charging, natural gas fueling, propane fueling, 
                or hydrogen fueling infrastructure funded under 
                subsection (f) using the methodology identified in 
                paragraph (3)(B).''; and
          (5) by adding at the end the following:
  ``(f) Electric Vehicle Charging, Natural Gas Fueling, Propane 
Fueling, and Hydrogen Fueling Infrastructure Grants.--
          ``(1) Establishment.--Not later than 1 year after the date of 
        enactment of the INVEST in America Act, the Secretary shall 
        establish a grant program to award grants to eligible entities 
        for electric vehicle charging, natural gas fueling, propane 
        fueling, and hydrogen fueling infrastructure projects.
          ``(2) Eligible entity.--An entity eligible to receive a grant 
        under this subsection is--
                  ``(A) a State (as such term is defined in section 
                401) 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, natural gas, propane, and 
                        hydrogen fuel providers, metropolitan planning 
                        organizations, States, Indian Tribes, units of 
                        local government, fleet owners, fleet managers, 
                        fuel station owners and operators, labor 
                        organizations, infrastructure construction and 
                        component parts suppliers, and multistate and 
                        regional entities)--
                                  ``(I) to foster enhanced, 
                                coordinated, public-private or private 
                                investment in electric vehicle 
                                charging, natural gas fueling, propane 
                                fueling, and hydrogen fueling 
                                infrastructure;
                                  ``(II) to expand deployment of 
                                electric vehicle charging, natural gas 
                                fueling, propane fueling, or hydrogen 
                                fueling infrastructure;
                                  ``(III) to protect personal privacy 
                                and ensure cybersecurity; and
                                  ``(IV) to ensure that a properly 
                                trained workforce is available to 
                                construct and install electric vehicle 
                                charging, natural gas fueling, propane 
                                fueling, or hydrogen fueling 
                                infrastructure;
                          ``(iii) the location of the station or 
                        fueling site, including consideration of--
                                  ``(I) the availability of onsite 
                                amenities for vehicle operators, 
                                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, natural gas fueling, propane fueling, or 
                hydrogen fueling infrastructure, which shall be 
                conducted using one standardized methodology or tool as 
                determined by the Secretary.
          ``(4) Considerations.--In selecting eligible entities to 
        receive a grant under this subsection, the Secretary shall--
                  ``(A) consider the extent to which the application of 
                the eligible entity would--
                          ``(i) reduce estimated greenhouse gas 
                        emissions and air pollution from vehicle 
                        emissions, weighted by the total Federal 
                        investment in the project;
                          ``(ii) improve alternative fueling corridor 
                        networks by--
                                  ``(I) converting corridor-pending 
                                corridors to corridor-ready 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;
                          ``(v) support a long-term competitive market 
                        for electric vehicle charging infrastructure, 
                        natural gas fueling, propane fueling, or 
                        hydrogen fueling infrastructure that does not 
                        significantly impair existing electric vehicle 
                        charging or hydrogen fueling infrastructure 
                        providers; and
                          ``(vi) reducing greenhouse gas emissions in 
                        established goods-movement corridors, locations 
                        serving first- and last-mile freight near ports 
                        and freight hubs, and locations that optimize 
                        infrastructure networks and reduce hazardous 
                        air pollutants in communities 
                        disproportionately impacted by such pollutants; 
                        and
                  ``(B) ensure, to the maximum extent practicable, 
                geographic diversity among grant recipients to ensure 
                that electric vehicle charging 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, natural gas fueling, propane fueling, 
                        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 or hydrogen fueling 
                        infrastructure not on a designated alternative 
                        fuel corridor if the applicant demonstrates 
                        that the proposed charging or fueling 
                        infrastructure would expand deployment of 
                        electric vehicle charging or hydrogen fueling 
                        to a greater number of users than investments 
                        on such corridor.
                  ``(C) Operating assistance.--
                          ``(i) In general.--Subject to clauses (ii) 
                        and (iii), an eligible entity that receives a 
                        grant under this subsection may use a portion 
                        of the funds for operating assistance for the 
                        first 5 years of operations after the 
                        installation of electric vehicle charging, 
                        natural gas fueling, propane fueling, 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, natural gas fueling, 
                        propane fueling, 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, 
                        natural gas fueling, propane fueling, or 
                        hydrogen fueling infrastructure.
                  ``(D) Signs.--
                          ``(i) In general.--Subject to this paragraph 
                        and paragraph (6)(B), an eligible entity that 
                        receives a grant under this subsection may use 
                        a portion of the funds to acquire and install--
                                  ``(I) traffic control devices located 
                                in the right-of-way to provide 
                                directional information to electric 
                                vehicle charging, natural gas fueling, 
                                propane fueling, or hydrogen fueling 
                                infrastructure acquired, installed, or 
                                operated with the grant under this 
                                subsection; and
                                  ``(II) on-premises signs to provide 
                                information about electric vehicle 
                                charging, natural gas fueling, propane 
                                fueling, 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 highway 
                        right-of-way.
                  ``(E) Revenue.--An eligible entity receiving a grant 
                under this subsection and a private entity referred to 
                in subparagraph (F) may enter into a cost-sharing 
                agreement under which the private entity submits to the 
                eligible entity a portion of the revenue from the 
                electric vehicle charging, natural gas fueling, propane 
                fueling, or hydrogen fueling infrastructure.
                  ``(F) Private entity.--
                          ``(i) In general.--An eligible entity 
                        receiving a grant under this 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, natural gas fueling, 
                        propane fueling, or hydrogen fueling 
                        infrastructure.
                          ``(ii) Inclusion.--An eligible private entity 
                        includes privately, publicly, or cooperatively 
                        owned utilities, private electric vehicle 
                        service equipment and hydrogen fueling 
                        infrastructure providers, and retail fuel 
                        stations.
          ``(6) Project requirements.--
                  ``(A) In general.--Notwithstanding any other 
                provision of law, any project funded by a grant under 
                this subsection shall be treated as a project on a 
                Federal-aid highway.
                  ``(B) Electric vehicle charging projects.--A project 
                for electric vehicle charging infrastructure funded by 
                a grant under this subsection shall be subject to the 
                requirements of section 155.
          ``(7) Federal share.--The Federal share of the cost of a 
        project carried out with a grant under this subsection shall 
        not exceed 80 percent of the total project cost.
          ``(8) Certification.--The Secretary of Commerce shall certify 
        that no projects carried out under this subsection use minerals 
        sourced or processed with child labor, as such term is defined 
        in Article 3 of the International Labor Organization Convention 
        concerning the prohibition and immediate action for the 
        elimination of the worst forms of child labor (December 2, 
        2000), or in violation of human rights.''.

SEC. 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:

``Sec. 172. Community climate innovation grants

  ``(a) Establishment.--The Secretary shall establish a community 
climate innovation grant program (in this section referred to as the 
`Program') to make grants, on a competitive basis, for locally selected 
projects that reduce greenhouse gas emissions while improving the 
mobility, accessibility, and connectivity of the surface transportation 
system.
  ``(b) Purpose.--The purpose of the Program shall be to support 
communities in reducing greenhouse gas emissions from the surface 
transportation system.
  ``(c) Eligible Applicants.--The Secretary may make grants under the 
Program to the following entities:
          ``(1) A metropolitan planning organization.
          ``(2) A unit of local government or a group of local 
        governments, or a county or multi-county special district.
          ``(3) A subdivision of a local government.
          ``(4) A transit agency.
          ``(5) A special purpose district with a transportation 
        function or a port authority.
          ``(6) A Tribal government or a consortium of tribal 
        governments.
          ``(7) A territory.
          ``(8) A multijurisdictional group of entities described in 
        paragraphs (1) through (7).
  ``(d) Applications.--To be eligible for a grant under the Program, an 
entity 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 supports fueling 
        infrastructure for fuels defined under section 9001(5) of the 
        Farm Security and Rural Investment Act of 2002 (7 U.S.C. 
        8101(5)); or
          ``(2) is a capital project as defined in section 22906 of 
        title 49 to improve 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 residents of low-income 
        communities, including areas of persistent poverty, while not 
        displacing such residents;
          ``(7) a project uses pavement materials that demonstrate 
        reductions in greenhouse gas emissions through sequestration or 
        innovative manufacturing processes;
          ``(8) a project repurposes neglected or underused 
        infrastructure, including abandoned highways, bridges, 
        railways, trail ways, and adjacent underused spaces, into new 
        hybrid forms of public space that support multiple modes of 
        transportation; and
          ``(9) a project includes regional multimodal transportation 
        system management and operations elements that will improve the 
        effectiveness of such project and encourage reduction of single 
        occupancy trips by providing the ability of users to plan, use, 
        and pay for multimodal transportation alternatives.
  ``(i) Funding.--
          ``(1) Maximum amount.--The maximum amount of a grant under 
        the Program shall be $25,000,000.
          ``(2) Technical assistance.--Of the amounts made available to 
        carry out the Program, the Secretary may use up to 1 percent to 
        provide technical assistance to applicants and potential 
        applicants.
  ``(j) Treatment of Projects.--
          ``(1) Federal requirements.--The Secretary shall, with 
        respect to a project funded by a grant under this section, 
        apply--
                  ``(A) the requirements of this title to a highway 
                project;
                  ``(B) the requirements of chapter 53 of title 49 to a 
                public transportation project; and
                  ``(C) the requirements of section 22905 of title 49 
                to a passenger rail or freight rail project.
          ``(2) Multimodal projects.--
                  ``(A) In general.--Except as otherwise provided in 
                this paragraph, if an eligible project is a multimodal 
                project, the Secretary shall--
                          ``(i) determine the predominant modal 
                        component of the project; and
                          ``(ii) apply the applicable requirements of 
                        such predominant modal component to the 
                        project.
                  ``(B) Exceptions.--
                          ``(i) Passenger or freight rail component.--
                        For any passenger or freight rail component of 
                        a project, the requirements of section 
                        22907(j)(2) of title 49 shall apply.
                          ``(ii) Public transportation component.--For 
                        any public transportation component of a 
                        project, the requirements of section 5333 of 
                        title 49 shall apply.
                  ``(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;
          ``(2) any census tract with a poverty rate of at least 20 
        percent, as measured by the most recent 5-year data series 
        available from the American Community Survey of the Bureau of 
        the Census for all States and Puerto Rico; or
          ``(3) any other territory or possession of the United States 
        that has had 20 percent or more of its population living in 
        poverty over the past 30 years, as measured by the 1990, 2000, 
        and 2010 island areas decennial censuses, or equivalent data, 
        of the Bureau of the Census.''.
  (b) Clerical Amendment.--The analysis for chapter 1 of title 23, 
United States Code, is amended by inserting after the item relating to 
section 171 the following:

``172. Community climate innovation grants.''.

SEC. 1305. METRO PERFORMANCE PROGRAM.

  (a) Establishment.--The Secretary of Transportation shall directly 
allocate funds in accordance with this section to enhance local 
decision making and control in delivering projects to address local 
transportation needs.
  (b) Designation.--
          (1) In general.--The Secretary shall designate direct 
        recipients based on the criteria in paragraph (3) to be direct 
        recipients of funds under this section.
          (2) Responsibilities.--A direct recipient shall be 
        responsible for compliance with any requirements related to the 
        use of Federal funds vested in a State 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(d) of such title;
                  (F) whether the applicant is a designated recipient 
                of funds from the Federal Transit Administration as 
                described under subsections (A) and (B) of section 
                5302(4) of title 49, United States Code; and
                  (G) any other criteria established by the Secretary.
          (4) Requirements.--
                  (A) Call for nomination.--Not later than February 1, 
                2022, the Secretary shall publish in the Federal 
                Register a notice soliciting applications for 
                designation under this subsection.
                  (B) Guidance.--The notification under paragraph (1) 
                shall include guidance on the requirements and 
                responsibilities of a direct recipient under this 
                section, including implementing regulations.
                  (C) Determination.--The Secretary shall make all 
                designations under this section for fiscal year 2023 
                not later than June 1, 2022.
          (5) Term.--Except as provided in paragraph (6), a designation 
        under this subsection shall--
                  (A) be for a period of not less than 5 years; and
                  (B) be renewable.
          (6) Termination.--
                  (A) In general.--The Secretary shall establish 
                procedures for the termination of a designation under 
                this subsection.
                  (B) Considerations.--In establishing procedures under 
                subparagraph (A), the Secretary shall consider--
                          (i) with respect to projects carried out 
                        under this section, compliance with the 
                        requirements of title 23, United States Code, 
                        or chapter 53 of title 49, United States Code; 
                        and
                          (ii) the obligation rate of any funds--
                                  (I) made available under this 
                                section; and
                                  (II) in the case of a metropolitan 
                                planning organization that represents a 
                                metropolitan planning area with an 
                                urbanized area population of greater 
                                than 200,000, made available under 
                                section 133(d)(1)(A)(i) of title 23, 
                                United States Code.
  (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.--The direct recipient may collaborate 
                with a State, unit of local government, regional 
                entity, or transit agency to carry out a project under 
                this section and ensure compliance with all applicable 
                Federal requirements.
                  (B) State authority.--The State may exercise, on 
                behalf of the direct recipient, any available 
                decisionmaking authorities or actions assumed from the 
                Secretary.
                  (C) Use of funds.--The direct recipient may use 
                amounts made available under this section to compensate 
                a State, unit of local government, regional entity, or 
                transit agency for costs incurred in providing 
                assistance under this paragraph.
          (3) Distribution of amounts among direct recipients.--
                  (A) In general.--Subject to subparagraph (B), on the 
                first day of the fiscal year for which funds are made 
                available under this section, the Secretary shall 
                allocate such funds to each direct recipient as the 
                proportion of the population (as determined by data 
                collected by the Bureau of the Census) of the urbanized 
                area represented by any 1 direct recipient bears to the 
                total population of all of urbanized areas represented 
                by all direct recipients.
                  (B) Minimum and maximum amounts.--Of funds allocated 
                to direct recipients under subparagraph (A), each 
                direct recipient shall receive not less than 
                $10,000,000 and not more than $50,000,000 each fiscal 
                year.
                  (C) Minimum guaranteed amount.--In making a 
                determination whether to designate a metropolitan 
                planning organization as a direct recipient under 
                subsection (b), the Secretary shall ensure that each 
                direct recipient receives the minimum required 
                allocation under subparagraph (B).
                  (D) Additional amounts.--If any amounts remain 
                undistributed after the distribution described in this 
                subsection, such remaining amounts and an associated 
                amount of obligation limitation shall be made available 
                as if suballocated under clauses (i) and (ii) of 
                section 133(d)(1)(A) of title 23, United States Code, 
                and distributed among the States in the proportion that 
                the relative shares of the population (as determined by 
                data collected by the Bureau of the Census) of the 
                urbanized areas of each State bears to the total 
                populations of all urbanized areas across all States.
          (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 
                section 106 of title 23, United States Code, for 
                design, plans, specifications, estimates, contract 
                awards, and inspections with respect to the projects 
                unless the Secretary determines that the assumption is 
                not 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, and section 5303 of title 49, United States Code.
          (2) Selection of projects.--
                  (A) In general.--Notwithstanding subsections (j)(5) 
                and (k)(4) of section 134 of title 23, United States 
                Code, or subsections (j)(5) and (k)(4) of section 5303 
                of title 49, United States Code, a direct recipient 
                shall select, from the approved transportation 
                improvement program under such sections, all projects 
                to be funded under this section, including projects on 
                the National Highway System.
                  (B) Eligible projects.--The project selection process 
                described in this subsection shall apply to all 
                federally funded projects within the boundaries of a 
                metropolitan planning area served by a direct recipient 
                that are carried out under this section.
                  (C) Consultation required.--In selecting a project 
                under this subsection, the metropolitan planning 
                organization shall consult with--
                          (i) in the case of a highway project, the 
                        State and locality in which such project is 
                        located; and
                          (ii) in the case of a transit project, any 
                        affected public transportation operator.
          (3) Rule of construction.--Nothing in this section shall be 
        construed to limit the ability of a direct recipient to partner 
        with a State department of transportation or other recipient of 
        Federal funds under title 23, United States Code, or chapter 53 
        of title 49, United States Code, to carry out a project.
  (f) Treatment of Funds.--
          (1) In general.--Except as provided in this section, funds 
        made available to carry out this section shall be administered 
        as if apportioned under chapter 1 of title 23, United States 
        Code.
          (2) Federal share.--The Federal share of the cost of a 
        project carried out under this section shall be determined in 
        accordance with section 120 of title 23, United States Code.
  (g) Report.--
          (1) Direct recipient report.--Not later than 60 days after 
        the end of each fiscal year, each direct recipient shall submit 
        to the Secretary a report that includes--
                  (A) a list of projects funded with amounts provided 
                under this section;
                  (B) a description of any obstacles to complete 
                projects or timely obligation of funds; and
                  (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 or group of 
        entities described in paragraph (1), (2), or (3).
  (d) Eligible Projects.--The Secretary may award grants under this 
section to applicants that submit a comprehensive program of surface 
transportation-related projects to reduce traffic congestion and 
related adverse impacts, including a project for 1 or more of the 
following:
          (1) Transportation systems management and operations.
          (2) Intelligent transportation systems.
          (3) Real-time traveler information.
          (4) Traffic incident management.
          (5) Active traffic management.
          (6) Traffic signal timing.
          (7) Multimodal travel payment systems.
          (8) Transportation demand management, including employer-
        based 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;
                  (B) a bicycle or pedestrian project, including a 
                project to provide safe and connected active 
                transportation networks; and
                  (C) a surface transportation project carried out in 
                accordance with the national travel and tourism 
                infrastructure strategic plan under section 1431(e) of 
                the FAST Act (49 U.S.C. 301 note).
          (10) Any other project, as determined appropriate by the 
        Secretary.
  (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);
                          (v) leverages Federal funds with non-Federal 
                        contributions; and
                          (vi) integrates regional multimodal 
                        transportation management and operational 
                        projects that address both passenger and 
                        freight congestion.
          (4) Flexibility.--If the Secretary determines that there are 
        insufficient qualified applicants to use the funds set aside 
        under this subsection, the Secretary may use such funds for 
        grants for any projects eligible under this section.
  (j) Report.--
          (1) Recipient report.--The Secretary shall ensure that not 
        later than 2 years after the Secretary awards grants under this 
        section, the recipient of each such grant submits to the 
        Secretary a report that contains--
                  (A) information on each activity or project that 
                received funding under this section;
                  (B) a summary of any non-Federal resources leveraged 
                by a grant under this section;
                  (C) any statistics, measurements, or quantitative 
                assessments that demonstrate the congestion reduction, 
                reliability, safety, and environmental benefits 
                achieved through activities or projects that received 
                funding under this section; and
                  (D) any additional information required by the 
                Secretary.
          (2) Report to congress.--Not later than 9 months after the 
        date specified in paragraph (1), the Secretary shall submit to 
        the Committee on Transportation and Infrastructure of the House 
        of Representatives and the Committee on Environment and Public 
        Works, the Committee on Commerce, Science, and Transportation, 
        and the Committee on Banking, Housing, and Urban Affairs of the 
        Senate, and make publicly available on a website, a report 
        detailing--
                  (A) a summary of any information provided under 
                paragraph (1); and
                  (B) recommendations and best practices to--
                          (i) reduce traffic congestion, including 
                        freight-related traffic congestion, and improve 
                        the reliability of the surface transportation 
                        system;
                          (ii) mitigate the adverse impacts of traffic 
                        congestion, including freight-related traffic 
                        congestion, on the surface transportation 
                        system, including safety and environmental 
                        impacts; and
                          (iii) employ innovative, integrated, and 
                        multimodal solutions to the items described in 
                        clauses (i) and (ii).
  (k) Notification.--Not later than 3 business days before awarding a 
grant under this section, the Secretary shall notify the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Environment and Public Works, the Committee on 
Commerce, Science, and Transportation, and the Committee on Banking, 
Housing, and Urban Affairs of the Senate of the intention to award such 
a grant.
  (l) Treatment of Projects.--
          (1) Federal requirements.--The Secretary shall, with respect 
        to a project funded by a grant under this section, apply--
                  (A) the requirements of title 23, United States Code, 
                to a highway project;
                  (B) the requirements of chapter 53 of title 49, 
                United States Code, to a public transportation project; 
                and
                  (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;
          (6) a territory; and
          (7) 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;
                  (F) travel or tourism destinations; or
                  (G) any other facility that supports the economy of a 
                rural community; and
          (5) reduce vehicle-wildlife collisions and improve habitat 
        connectivity.
  (f) Eligible Project Costs.--Grant amounts for a project under this 
section may be used for--
          (1) development phase activities, including planning, 
        feasibility analysis, 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 
announcing a project selected to receive a grant under this section, 
the Secretary of Transportation shall notify the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Environment and Public Works of the Senate of the 
intention to award such a grant.
  (g) 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) Prohibition on Charging Fees.--To be eligible for a grant under 
this section, an eligible entity shall certify that no fees will be 
charged for the use of a project assisted with such grant.
  (i) Amendment to MAP-21.--Section 1401(c)(1) of MAP-21 (23 U.S.C. 137 
note) is amended--
          (1) by inserting ``and private providers of commercial motor 
        vehicle parking'' after ``personnel''; and
          (2) in subparagraph (A) by striking ``the capability of the 
        State to provide'' and inserting ``the availability of''.
  (j) Survey; Comparative Assessment; Report.--
          (1) Update.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary shall update the survey of 
        each State required under section 1401(c)(1) of the MAP-21 (23 
        U.S.C. 137 note).
          (2) Report.--Not later than 1 year after the deadline under 
        paragraph (1), the Secretary shall publish on the website of 
        the Department of Transportation a report that--
                  (A) evaluates the availability of adequate parking 
                and rest facilities for commercial motor vehicles 
                engaged in interstate transportation;
                  (B) evaluates the effectiveness of the projects 
                funded under this section in improving access to 
                commercial motor vehicle parking; and
                  (C) reports on the progress being made to provide 
                adequate commercial motor vehicle parking facilities in 
                the State.
          (3) Consultation.--The Secretary shall prepare the report 
        required under paragraph (2) in consultation with--
                  (A) relevant State motor carrier safety personnel;
                  (B) motor carriers and commercial motor vehicle 
                operators; and
                  (C) private providers of commercial motor vehicle 
                parking.
  (k) Definitions.--In this section:
          (1) Commercial motor vehicle.--The term ``commercial motor 
        vehicle'' has the meaning given such term in section 31132 of 
        title 49, United States Code.
          (2) Eligible entity.--The term ``eligible entity'' means--
                  (A) a State;
                  (B) a metropolitan planning organization;
                  (C) a unit of local government;
                  (D) a political subdivision of a State or local 
                government carrying out 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, including a county or multi-
        county special district;
          (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.

   Subtitle D--Planning, Performance Management, and Asset Management

SEC. 1401. METROPOLITAN TRANSPORTATION PLANNING.

  Section 134 of title 23, United States Code, is amended--
          (1) in subsection (a) by striking ``resiliency needs while 
        minimizing transportation-related fuel consumption and air 
        pollution'' and inserting ``resilience and climate change 
        adaptation needs while reducing transportation-related fuel 
        consumption, air pollution, and greenhouse gas emissions'';
          (2) in subsection (b)--
                  (A) by redesignating paragraphs (6) and (7) as 
                paragraphs (7) and (8), respectively; and
                  (B) by inserting after paragraph (5) the following:
          ``(6) STIP.--The term `STIP' means a statewide transportation 
        improvement program developed by a State under section 
        135(g).'';
          (3) in subsection (c)--
                  (A) in paragraph (1) by striking ``and transportation 
                improvement programs'' and inserting ``and TIPs''; and
                  (B) by adding at the end the following:
          ``(4) Consideration.--In developing the plans and TIPs, 
        metropolitan planning organizations shall consider direct and 
        indirect emissions of greenhouse gases.'';
          (4) in subsection (d)--
                  (A) in paragraph (2) by striking ``Not later than 2 
                years after the date of enactment of MAP-21, each'' and 
                inserting ``Each'';
                  (B) in paragraph (3) by adding at the end the 
                following:
                  ``(D) 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 
                (M); 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;
                  ``(L) support inclusive zoning policies and land use 
                planning practices that incentivize affordable, 
                elastic, and diverse housing supply, facilitate long-
                term economic growth by improving the accessibility of 
                housing to jobs, and prevent high housing costs from 
                displacing economically disadvantaged households; 
                and'';
          (7) in subsection (h)(2) by striking subparagraph (A) and 
        inserting the following:
                  ``(A) In general.--Through the use of a performance-
                based approach, transportation investment decisions 
                made as a part of the metropolitan transportation 
                planning process shall support the national goals 
                described in section 150(b), the achievement of 
                metropolitan and statewide targets established under 
                section 150(d), the improvement of transportation 
                system access (consistent with section 150(f)), and the 
                general purposes described in section 5301 of title 
                49.'';
          (8) in subsection (i)--
                  (A) in paragraph (2)(D)(i) by inserting ``reduce 
                greenhouse gas emissions and'' before ``restore and 
                maintain'';
                  (B) in paragraph (2)(G) by inserting ``and climate 
                change'' after ``infrastructure to natural disasters'';
                  (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 (M); and
                          (iv) by inserting after subparagraph (I) the 
                        following:
                  ``(J) facilitate emergency management, response, and 
                evacuation and hazard mitigation;
                  ``(K) improve the level of transportation system 
                access;
                  ``(L) support inclusive zoning policies and land use 
                planning practices that incentivize affordable, 
                elastic, and diverse housing supply, facilitate long-
                term economic growth by improving the accessibility of 
                housing to jobs, and prevent high housing costs from 
                displacing economically disadvantaged households; 
                and'';
                  (B) in paragraph (2)--
                          (i) by striking subparagraph (A) and 
                        inserting the following:
                  ``(A) In general.--Through the use of a performance-
                based approach, transportation investment decisions 
                made as a part of the statewide transportation planning 
                process shall support--
                          ``(i) the national goals described in section 
                        150(b);
                          ``(ii) the consideration of transportation 
                        system access (consistent with section 150(f));
                          ``(iii) the achievement of statewide targets 
                        established under section 150(d); and
                          ``(iv) the general purposes described in 
                        section 5301 of title 49.''; and
                          (ii) in subparagraph (D) by striking 
                        ``statewide transportation improvement 
                        program'' and inserting ``STIP''; and
                  (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''; 
                                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;
                  ``(B) the level of transportation system access for 
                economically disadvantaged communities, including to 
                affordable housing; and
                  ``(C) the extent to which transportation access is 
                impacted by zoning policies and land use planning 
                practices that effect the affordability, elasticity, 
                and diversity of the housing supply.
          ``(3) Definition of services.--In this subsection, the term 
        `services' includes healthcare facilities, child care, 
        education and workforce training, food sources, banking and 
        other financial institutions, and other retail shopping 
        establishments.''.
  (b) Metropolitan Transportation Planning.--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).''.
  (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 1 year before the subsequent State target and reporting 
deadlines 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 section 150(f) of title 23, United 
        States Code.
          (2) Members.--The working group established pursuant to 
        paragraph (1) shall include representatives from--
                  (A) the Department of Transportation;
                  (B) State departments of transportation, including 
                representatives that specialize in pedestrian and 
                bicycle safety;
                  (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 section 
                150(f) of title 23, United States Code.
                  (B) Publication.--Not later than 30 days after the 
                date on which the Secretary receives the report under 
                subparagraph (A), the Secretary shall publish the 
                report on a publicly accessible website of the 
                Department of Transportation.
          (4) Rulemaking.--Not later than 2 years after the date on 
        which the Secretary receives the report under paragraph (3), 
        the Secretary shall issue such regulations as are necessary to 
        implement the requirements of section 150(f) of title 23, 
        United States Code.
          (5) Termination.--The Secretary shall terminate the working 
        group established pursuant to paragraph (1) on the date on 
        which the regulation issued pursuant to paragraph (4) takes 
        effect.
  (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 micromobility).
                  (C) The ability to disaggregate the level of 
                transportation system access by various transportation 
                modes by a variety of population categories, 
                including--
                          (i) low-income populations;
                          (ii) minority populations;
                          (iii) age;
                          (iv) disability; and
                          (v) geographical location.
                  (D) The ability to assess the change in the level of 
                transportation system access that would result from new 
                transportation investments.
          (3) Consideration.--An eligible transportation system access 
        data set and analytical tool shall take into consideration safe 
        and connected networks for walking, cycling, and persons with 
        disabilities.
  (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.
          (4) Working with the private sector.--In carrying out this 
        section, the Secretary may, and is encouraged to, procure 
        additional data as necessary from university transportation 
        centers, private sector providers, and other entities as is 
        needed and may use funds authorized under section 503(b) of 
        title 23, United States Code, for carrying out this paragraph.
  (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. 1405. FISCAL CONSTRAINT ON LONG-RANGE TRANSPORTATION PLANS.

  Not later than 1 year after the date of enactment of this Act, the 
Secretary shall amend section 450.324(f)(11)(v) of title 23, Code of 
Federal Regulations, to ensure that the outer years of a metropolitan 
transportation plan are defined as ``beyond the first 4 years''.

           Subtitle E--Federal Lands, Tribes, and Territories

SEC. 1501. TERRITORIAL AND PUERTO RICO HIGHWAY PROGRAM.

  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'';
          (2) in subsection (c)(6)(A)(iii) by striking ``in accordance 
        with subsections (b) and (c) of section 129'' and inserting 
        ``including such boats, facilities, and approaches that are 
        privately or majority-privately owned, provided that such 
        boats, facilities, and approaches provide a substantial public 
        benefit''; and
          (3) by adding at the end the following:
  ``(d) Participation of Territories in Discretionary Programs.--For 
any program in which the Secretary may allocate funds out of the 
Highway Trust Fund (other than the Mass Transit Account) to a State at 
the discretion of the Secretary, the Secretary may allocate funds to 
one or more territory for any project or activity that otherwise would 
be eligible under such program if such project or activity was being 
carried out in a State.''.

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 Program.--Before making any 
distribution under subsection (b), the Secretary shall set aside 
$50,000,000 from the funds made available under the tribal 
transportation program for each fiscal year to carry out the Tribal 
High Priority Projects program under section 1123 of MAP-21 (23 U.S.C. 
202 note).''.
  (b) Tribal High Priority Projects Program.--Section 1123 of MAP-21 
(23 U.S.C. 202 note) is amended--
          (1) in subsection (a)(1)(C) by striking ``required by that 
        section'' and inserting ``required under such program'';
          (2) in subsection (b)(1) by striking ``use amounts made 
        available under subsection (h) to'';
          (3) in subsection (d)--
                  (A) in paragraph (2) by inserting ``, in consultation 
                with the Secretary of the Interior,'' after ``The 
                Secretary''; and
                  (B) in paragraph (3) by striking ``of the Interior'' 
                each place it appears;
          (4) in subsection (f) by striking ``$1,000,000'' and 
        inserting ``$5,000,000'';
          (5) in subsection (g) by striking ``and the Secretary'' and 
        inserting ``or the Secretary''; and
          (6) by striking subsection (h) and inserting the following:
  ``(h) Administration.--The funds made available to carry out this 
section shall be administered in the same manner as funds made 
available for the Tribal transportation program under section 202 of 
title 23, United States Code.''.

SEC. 1504. FEDERAL LANDS TRANSPORTATION PROGRAM.

  (a) In General.--Section 203(a) of title 23, United States Code, is 
amended by adding at the end the following:
          ``(6) Transfer for high-commuter corridors.--
                  ``(A) Request.--If the head of a covered agency 
                determines that a high-commuter corridor requires 
                additional investment, based on the criteria described 
                in subparagraph (D), the head of a covered agency, with 
                respect to such corridor, shall submit to the State--
                          ``(i) information on condition of pavements 
                        and bridges;
                          ``(ii) an estimate of the amounts needed to 
                        bring such corridor into a state of good 
                        repair, taking into consideration any planned 
                        future investments; and
                          ``(iii) at the discretion of the head of a 
                        covered agency, a request that the State 
                        transfer to the covered agency, under the 
                        authority of section 132 or section 204, or to 
                        the Federal Highway Administration, under the 
                        authority of section 104, a portion of such 
                        amounts necessary to address the condition of 
                        the corridor.
                  ``(B) State response.--Not later than 45 days after 
                the date of receipt of the request described in 
                subparagraph (A)(iii), the State shall--
                          ``(i) approve the request;
                          ``(ii) deny the request and explain the 
                        reasons for such denial; or
                          ``(iii) request any additional information 
                        necessary to take action on the request.
                  ``(C) Notification to the secretary.--The head of a 
                covered agency shall provide to the Secretary a copy of 
                any request described under subparagraph (A)(iii) and 
                response described under subparagraph (B).
                  ``(D) Criteria.--In making a determination under 
                subparagraph (A), the head of a covered agency, with 
                respect to the corridor, shall consider--
                          ``(i) the condition of roads, bridges, and 
                        tunnels; and
                          ``(ii) the average annual daily traffic.
                  ``(E) Definitions.--In this paragraph:
                          ``(i) Covered agency.--The term `covered 
                        agency' means a Federal agency eligible to 
                        receive funds under this section 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.''.
  (b) GAO Study Regarding NPS Maintenance.--
          (1) Study.--The Comptroller General of the United States 
        shall study the National Park Service maintenance 
        prioritization of Federal lands transportation facilities.
          (2) Contents.--At minimum, the study under paragraph (1) 
        shall examine--
                  (A) general administrative maintenance of the 
                National Park Service;
                  (B) how the National Park Service currently 
                prioritizes maintenance of Federal facilities covered 
                under the Federal Lands Transportation Program;
                  (C) what kind of maintenance the National Parkway 
                Service is performing;
                  (D) to what degree does the National Park Service 
                prioritize high-commuter corridors; and
                  (E) how the National Park Service can better service 
                the needs of high commuter corridors.
          (3) Report.--Not later than 1 year after the date of 
        enactment of this Act, the Comptroller General shall submit to 
        the Committee on Transportation and Infrastructure of the House 
        of Representatives and the Committee on Environment and Public 
        Works of the Senate a report summarizing the study and the 
        results of such study, including recommendations for addressing 
        the maintenance needs and prioritization of high-commuter 
        corridors.
          (4) Definition of high-commuter corridor.--In this section, 
        the term ``high-commuter corridor'' means a Federal lands 
        transportation facility that has average annual daily traffic 
        of not less than 20,000 vehicles.

SEC. 1505. FEDERAL LANDS AND TRIBAL MAJOR PROJECTS PROGRAM.

  (a) In General.--Chapter 2 of title 23, United States Code, is 
amended by inserting after section 207 the following:

``Sec. 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 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 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. 1509. STUDY ON FEDERAL FUNDING AVAILABLE TO INDIAN TRIBES.

  Not later than January 31 of each year, the Secretary of 
Transportation shall submit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee on 
Environment and Public Works of the Senate a report that--
          (1) identifies the number of Indian Tribes that were direct 
        recipients of funds under any discretionary Federal highway, 
        transit, or highway safety program in the prior fiscal year;
          (2) lists the total amount of such funds made available 
        directly to such Tribes;
          (3) identifies the number and location of Indian Tribes that 
        were indirect recipients of funds under any formula-based 
        Federal highway, transit, or highway safety program in the 
        prior fiscal year; and
          (4) lists the total amount of such funds made available 
        indirectly to such tribes through states or other direct 
        recipients of Federal highway, transit or highway safety 
        funding.

SEC. 1510. GAO STUDY.

  (a) In General.--The Comptroller General of the United States shall 
conduct a study on the deferred maintenance of United States forest 
roads, including--
          (1) the current backlog;
          (2) the current actions on such maintenance and backlog;
          (3) the impacts of public safety due to such deferred 
        maintenance; and
          (4) recommendations for Congress on ways to address such 
        backlog.
  (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the Comptroller General of the United States shall submit to 
the Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Environment and Public Works of 
the Senate a report containing the results of the study conducted under 
subsection (a).

                   Subtitle F--Additional Provisions

SEC. 1601. VISION ZERO.

  (a) In General.--A local government, metropolitan planning 
organization, or regional transportation planning organization may 
develop and implement a vision zero plan to significantly reduce or 
eliminate transportation-related fatalities and serious injuries within 
a specified timeframe, not to exceed 20 years.
  (b) Use of Funds.--Amounts apportioned to a State under paragraph (2) 
or (3) of section 104(b) of title 23, United States Code, may be used 
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 programs, strategies, or policies 
        intended to significantly reduce or eliminate transportation-
        related fatalities and serious injuries within a specified 
        timeframe, not to exceed 20 years, that is consistent with a 
        State strategic highway safety plan and uses existing 
        transportation data and consideration of risk factors;
          (2) plans for implementation of, education of the public 
        about, and enforcement of such programs, strategies, or 
        policies;
          (3) a description of how such programs, strategies, or 
        policies, and the enforcement of such programs, strategies, or 
        policies will--
                  (A) equitably invest in the safety needs of low-
                income and minority communities;
                  (B) ensure that such communities are not 
                disproportionately targeted by law enforcement; and
                  (C) protect the rights of members of such communities 
                with respect to title VI of the Civil Rights Act of 
                1964 (42 U.S.C. 2000d et seq.); and
          (4) a description of a mechanism to evaluate progress of the 
        development and implementation of the plan, including the 
        gathering and use of transportation safety and demographic 
        data.
  (d) Inclusions.--A vision zero plan may include a complete streets 
prioritization plan that identifies a specific list of projects to--
          (1) create a connected network of active transportation 
        facilities, including sidewalks, bikeways, or pedestrian and 
        bicycle trails, to connect communities and provide safe, 
        reliable, affordable, and convenient access to employment, 
        housing, and services, consistent with the goals described in 
        section 150(b) of title 23, United States Code;
          (2) integrate active transportation facilities with public 
        transportation service or improve access to public 
        transportation; and
          (3) improve transportation options for low-income and 
        minority communities.
  (e) Coordination.--A vision zero plan under this section shall 
provide for coordination of various subdivisions of a unit of local 
government in the implementation of the plan, including subdivisions 
responsible for law enforcement, public health, data collection, and 
public works.
  (f) Safety Performance Management.--A vision zero plan under this 
section is not sufficient to demonstrate compliance with the safety 
performance or planning requirements of section 148 or 150 of title 23, 
United States Code.

SEC. 1602. SPEED LIMITS.

  (a) Speed Limits.--The Secretary of Transportation shall revise the 
Manual on Uniform Traffic Control Devices to provide for a safe system 
approach to setting speed limits, consistent with the safety 
recommendations issued by the National Transportation Safety Board on 
August 15, 2017, numbered H-17-27 and H-17-028.
  (b) Considerations.--In carrying out subparagraph (A), the Secretary 
shall consider--
          (1) crash statistics;
          (2) road geometry characteristics;
          (3) roadside characteristics;
          (4) traffic volume;
          (5) the possibility and likelihood of human error;
          (6) human injury tolerance;
          (7) the prevalence of vulnerable road users; and
          (8) any other consideration, consistent with a safe system 
        approach, as determined by the Secretary.
  (c) Report on Speed Management Program Plan.--Not later than 1 year 
after the date of enactment of this Act, the Secretary shall update and 
report on the implementation progress of the Speed Management Program 
Plan of the Department of Transportation, as described in the safety 
recommendation issued by the National Transportation Safety Board on 
August 15, 2017, numbered H-17-018.
  (d) Definitions.--In this section, the terms ``safe system approach'' 
and ``vulnerable road user'' have the meanings given such terms in 
section 148(a) of title 23, United States Code.

SEC. 1603. BROADBAND INFRASTRUCTURE DEPLOYMENT.

  (a) Definitions.--In this section:
          (1) Appropriate state agency.--The term ``appropriate State 
        agency'' means a State governmental agency that is recognized 
        by the executive branch of the State as having the experience 
        necessary to evaluate and facilitate the installation and 
        operation of broadband infrastructure within the State.
          (2) Broadband.--The term ``broadband'' has the meaning given 
        the term ``advanced telecommunications capability'' in section 
        706 of the Telecommunications Act of 1996 (47 U.S.C. 1302).
          (3) Broadband conduit.--The term ``broadband conduit'' means 
        a conduit or innerduct for fiber optic cables (or successor 
        technology of greater quality and speed) that supports the 
        provision of broadband.
          (4) Broadband infrastructure.--The term ``broadband 
        infrastructure'' means any buried or underground facility and 
        any wireless or wireline connection that enables the provision 
        of broadband.
          (5) Broadband provider.--The term ``broadband provider'' 
        means an entity that provides broadband to any person or 
        facilitates provision of broadband to any person, including, 
        with respect to such entity--
                  (A) a corporation, company, association, firm, 
                partnership, nonprofit organization, or any other 
                private entity;
                  (B) a State or local broadband provider;
                  (C) an Indian Tribe; and
                  (D) a partnership between any of the entities 
                described in subparagraphs (A), (B), and (C).
          (6) Covered highway construction project.--
                  (A) In general.--The term ``covered highway 
                construction project'' means, without regard to 
                ownership of a highway, a project to construct a new 
                highway or an additional lane for an existing highway, 
                to reconstruct an existing highway, or new 
                construction, including for a paved shoulder.
                  (B) Exclusions.--The term ``covered highway 
                construction project'' excludes any project--
                          (i) awarded before the date on which 
                        regulations required under subsection (b) take 
                        effect;
                          (ii) that does not include work beyond the 
                        edge of pavement or current paved shoulder; or
                          (iii) that does not require excavation.
          (7) Dig once requirement.--The term ``dig once requirement'' 
        means a requirement designed to reduce the cost and accelerate 
        the deployment to broadband by minimizing the number and scale 
        of repeated excavations for the installation and maintenance of 
        broadband conduit or broadband infrastructure in rights-of-way.
          (8) Indian tribe.--The term ``Indian Tribe'' has the meaning 
        given such term in section 4(e) of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304(e)).
          (9) NTIA administrator.--The term ``NTIA Administrator'' 
        means the Assistant Secretary of Commerce for Communications 
        and Information.
          (10) Project.--The term ``project'' has the meaning given 
        such term in section 101 of title 23, United States Code.
          (11) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.
          (12) State.--The term ``State'' has the meaning given such 
        term in section 401 of title 23, United States Code.
          (13) State or local broadband provider.--The term ``State or 
        local broadband provider'' means a State or political 
        subdivision thereof, or any agency, authority, or 
        instrumentality of a State or political subdivision thereof, 
        that provides broadband to any person or facilitates the 
        provision of broadband to any person in that State.
          (14) Tribal government.--The term ``Tribal government'' means 
        the recognized governing body of an Indian Tribe or any agency, 
        authority, or instrumentality of such governing body or such 
        Indian Tribe.
  (b) Dig Once Requirement.--To facilitate the installation of 
broadband infrastructure, the Secretary shall, not later than 9 months 
after the date of enactment of this Act, promulgate regulations to 
ensure that each State that receives funds under chapter 1 of title 23, 
United States Code, meets the following requirements:
          (1) Broadband planning.--The State department of 
        transportation, in consultation with appropriate State 
        agencies, shall--
                  (A) identify a broadband coordinator, who may have 
                additional responsibilities in the State department of 
                transportation or in another State agency, that is 
                responsible for facilitating the broadband 
                infrastructure right-of-way efforts within the State; 
                and
                  (B) review existing State broadband plans, including 
                existing dig once requirements of the State, municipal 
                governments incorporated under State law, and Tribal 
                governments within the State, to determine 
                opportunities to coordinate projects occurring within 
                or across highway rights-of-way with planned broadband 
                infrastructure projects.
          (2) Notice of planned construction for broadband providers.--
                  (A) Notice.--The State department of transportation, 
                in consultation with appropriate State agencies, shall 
                establish a process--
                          (i) for the registration of broadband 
                        providers that seek to be included in the 
                        advance notification of, and opportunity to 
                        participate in, broadband infrastructure right-
                        of-way facilitation efforts within the State; 
                        and
                          (ii) to electronically notify all broadband 
                        providers registered under clause (i)--
                                  (I) of the State transportation 
                                improvement program on at least an 
                                annual basis; and
                                  (II) of projects within the highway 
                                right-of-way for which Federal funding 
                                is expected to be obligated in the 
                                subsequent fiscal year.
                  (B) Website.--A State department of transportation 
                shall be considered to meet the requirements of 
                subparagraph (A) if such State department of 
                transportation publishes on a public website--
                          (i) the State transportation improvement 
                        program on at least an annual basis; and
                          (ii) projects within the highway right-of-way 
                        for which Federal funding is expected to be 
                        obligated in the subsequent fiscal year.
                  (C) Coordination.--The State department of 
                transportation, in consultation with appropriate State 
                agencies, shall establish a process for a broadband 
                provider to commit to installing broadband conduit or 
                broadband infrastructure as part of any project.
          (3) Required installation of conduit.--
                  (A) In general.--The State department of 
                transportation shall install broadband conduit, in 
                accordance with this paragraph, except as described in 
                subparagraph (F), as part of any covered highway 
                construction project, unless a broadband provider has 
                committed to install broadband conduit or broadband 
                infrastructure as part of such project in a process 
                described under paragraph (2)(C).
                  (B) Installation requirements.--The State department 
                of transportation shall ensure that--
                          (i) an appropriate number of broadband 
                        conduits, as determined in consultation with 
                        the appropriate State agencies, are installed 
                        along the highway of a covered highway 
                        construction project to accommodate multiple 
                        broadband providers, with consideration given 
                        to the availability of existing conduits;
                          (ii) the size of each such conduit is 
                        consistent with industry best practices and is 
                        sufficient to accommodate potential demand, as 
                        determined in consultation with the appropriate 
                        State agencies;
                          (iii) hand holes and manholes necessary for 
                        fiber access and pulling with respect to such 
                        conduit are placed at intervals consistent with 
                        standards determined in consultation with the 
                        appropriate State agencies (which may differ by 
                        type of road, topologies, and rurality) and 
                        consistent with safety requirements;
                          (iv) each broadband conduit installed 
                        pursuant to this paragraph includes a pull tape 
                        and is capable of supporting fiber optic cable 
                        placement techniques consistent with best 
                        practices; and
                          (v) is placed at a depth consistent with 
                        requirements of the covered highway 
                        construction project and best practices and 
                        that, in determining the depth of placement, 
                        consideration is given to the location of 
                        existing utilities and cable separation 
                        requirements of State and local electrical 
                        codes.
                  (C) Guidance for the installation of broadband 
                conduit.--The Secretary, in consultation with the NTIA 
                Administrator, shall issue guidance for best practices 
                related to the installation of broadband conduit as 
                described in this paragraph and of conduit and similar 
                infrastructure for intelligent transportation systems 
                (as such term is defined in section 501 of title 23, 
                United States Code) that may utilize broadband conduit 
                installed pursuant to this paragraph.
                  (D) Access.--
                          (i) In general.--The State department of 
                        transportation shall ensure that any requesting 
                        broadband provider has access to each broadband 
                        conduit installed pursuant to this paragraph, 
                        on a competitively neutral and 
                        nondiscriminatory basis, and in accordance with 
                        State permitting, licensing, leasing, or other 
                        similar laws and regulations.
                          (ii) Fee schedule.--The State department of 
                        transportation, in consultation with 
                        appropriate State agencies, shall publish a fee 
                        schedule for a broadband provider to access 
                        conduit installed pursuant to this paragraph. 
                        Fees in such schedule--
                                  (I) shall be consistent with the fees 
                                established pursuant to section 224 of 
                                the Communications Act of 1934 (47 
                                U.S.C. 224);
                                  (II) may vary by topography, 
                                location, type of road, rurality, and 
                                other factors in the determination of 
                                the State; and
                                  (III) may be updated not more 
                                frequently than annually.
                          (iii) In-kind compensation.--The State 
                        department of transportation may negotiate in-
                        kind compensation with any broadband provider 
                        requesting access to broadband conduit 
                        installed under the provisions of this 
                        paragraph as a replacement for part or all of, 
                        but not to exceed, the relevant fee in the fee 
                        schedule described in clause (ii).
                          (iv) Safety considerations.--The State 
                        department of transportation shall require of 
                        broadband providers a process for safe access 
                        to the highway right-of-way during installation 
                        and on-going maintenance of the broadband fiber 
                        optic cables including a traffic control safety 
                        plan.
                          (v) Communication.--A broadband provider with 
                        access to the conduit installed pursuant to 
                        this subsection shall notify and receive 
                        permission from the relevant agencies of State 
                        responsible for the installation of such 
                        broadband conduit prior to accessing any 
                        highway or highway right-of-way, in accordance 
                        with applicable Federal requirements.
                  (E) Treatment of projects.--Notwithstanding any other 
                provision of law, broadband conduit and broadband 
                infrastructure installation projects under this 
                paragraph shall comply with section 113(a) of title 23, 
                United States Code.
                  (F) Waiver authority.--
                          (i) In general.--A State department of 
                        transportation may waive the required 
                        installation of broadband conduit for part or 
                        all of any covered highway construction project 
                        under this paragraph if, in the determination 
                        of the State--
                                  (I) broadband infrastructure, 
                                terrestrial broadband infrastructure, 
                                aerial broadband fiber cables, or 
                                broadband conduit is present near a 
                                majority of the length of the covered 
                                highway construction project;
                                  (II) the installation of conduit 
                                increases overall costs of a covered 
                                highway construction project by 1.5 
                                percent or greater;
                                  (III) the installation of broadband 
                                conduit associated with covered highway 
                                construction project will not be 
                                utilized or connected to future 
                                broadband infrastructure in the next 20 
                                years, in the determination of the 
                                State department of transportation, in 
                                consultation with appropriate State 
                                agencies and potentially affected local 
                                governments and Tribal governments;
                                  (IV) the requirements of this 
                                paragraph would require installation of 
                                conduit redundant with a dig once 
                                requirement of a local or Tribal 
                                government;
                                  (V) there exists a circumstance 
                                involving force majeure; or
                                  (VI) other relevant factors, as 
                                determined by the Secretary in 
                                consultation with the NTIA 
                                Administrator through regulation, 
                                warrant a waiver.
                          (ii) Contents of waiver.--A waiver authorized 
                        under this subparagraph shall--
                                  (I) identify the covered highway 
                                construction project; and
                                  (II) include a brief description of 
                                the determination of the State for 
                                issuing such waiver.
                          (iii) Availability of waiver.--A waiver 
                        authorized under this subparagraph shall be 
                        included in the plans, specifications, and 
                        estimates for the associated project, as long 
                        as such info is publicly available.
          (4) Priority.--If a State provides for the installation of 
        broadband infrastructure or broadband conduit in the right-of-
        way of an applicable project under this subsection, the State 
        department of transportation, along with appropriate State 
        agencies, shall carry out appropriate measures to ensure that 
        any existing broadband providers are afforded equal opportunity 
        access, as compared to other broadband providers, with respect 
        to the program under this subsection.
          (5) Consultation.--
                  (A) In general.--In promulgating regulations required 
                by this subsection or to implement any part of this 
                section, the Secretary shall consult--
                          (i) the NTIA Administrator;
                          (ii) the Federal Communications Commission;
                          (iii) State departments of transportation;
                          (iv) appropriate State agencies;
                          (v) agencies of local governments responsible 
                        for transportation and rights-of-way, 
                        utilities, and telecommunications and 
                        broadband;
                          (vi) Tribal governments;
                          (vii) broadband providers; and
                          (viii) manufacturers of optical fiber, 
                        conduit, pull tape, and related items.
                  (B) Broadband users.--The Secretary shall ensure that 
                the entities consulted under clauses (iii) through (vi) 
                of subparagraph (A) include rural areas and populations 
                with limited access to broadband infrastructure.
                  (C) Broadband providers.--The Secretary shall ensure 
                that the entities consulted under clause (vii) of 
                subparagraph (A) include entities who provide broadband 
                to rural areas and populations with limited access to 
                broadband infrastructure.
          (6) Prohibition on unfunded mandate.--
                  (A) In general.--This subsection shall apply only to 
                projects for which Federal obligations or expenditures 
                are initially approved on or after the date regulations 
                required under this subsection take effect.
                  (B) No mandate.--Absent an available and dedicated 
                Federal source of funding--
                          (i) nothing in this subsection establishes a 
                        mandate or requirement that a State install 
                        broadband conduit in a highway right-of-way; 
                        and
                          (ii) nothing in paragraph (3) shall establish 
                        any requirement for a State.
          (7) Rules of construction.--
                  (A) State law.--Nothing in this subsection shall be 
                construed to require a State to install or allow the 
                installation of broadband conduit or broadband 
                infrastructure--
                          (i) that is otherwise inconsistent with what 
                        is allowable under State law; or
                          (ii) where the State lacks the authority or 
                        property easement necessary for such 
                        installation.
                  (B) No requirement for installation of mobile 
                services equipment.--Nothing in this section shall be 
                construed to require a State, a municipal government 
                incorporated under State law, or an Indian Tribe to 
                install or allow for the installation of equipment 
                essential for the provision of commercial mobile 
                services (as defined in section 332(d) of the 
                Communications Act of 1934 (47 U.S.C. 332(d))) or 
                commercial mobile data service (as defined in section 
                6001 of the Middle Class Tax Relief and Job Creation 
                Act of 2012 (47 U.S.C. 1401)), other than broadband 
                conduit and associated equipment described in paragraph 
                (3)(B).
  (c) Relation to State Dig Once Requirements.--Nothing in subsection 
(b) or any regulations promulgated under subsection (b) shall be 
construed to alter or supersede any provision of a State law or 
regulation that provides for a dig once requirement that includes 
similar or more stringent requirements to the provisions of subsection 
(b) and any regulations promulgated under subsection (b).
  (d) Dig Once Funding Task Force.--
          (1) Establishment.--There is established an independent task 
        force on funding the nationwide dig once requirement described 
        in this section to be known as the ``Dig Once Funding Task 
        Force'' (hereinafter referred to as the ``Task Force'').
          (2) Duties.--The duties of the Task Force shall be to--
                  (A) estimate the annual cost for implementing and 
                administering a nationwide dig once requirement; and
                  (B) propose and evaluate options for funding a 
                nationwide dig once requirement described in this 
                section that includes--
                          (i) a discussion of the role and potential 
                        share of costs of--
                                  (I) the Federal Government;
                                  (II) State, local, and Tribal 
                                governments; and
                                  (III) broadband providers; and
                          (ii) consideration of the role of existing 
                        dig once requirements of State, local, and 
                        Tribal governments and private broadband 
                        investment, with a goal to not discourage or 
                        disincentivize such dig once requirements or 
                        such investment.
          (3) Reports.--
                  (A) Interim report and briefing.--Not later than 9 
                months after the date of enactment of this Act, the 
                Task Force shall submit an interim report to Congress 
                and provide briefings for Congress on the findings of 
                the Task Force.
                  (B) Final report.--Not later than 12 months after the 
                date of enactment of this Act, the Task Force shall 
                submit a final report to Congress on the findings of 
                the Task Force.
          (4) Members.--
                  (A) Appointments.--The Task Force shall consist of 14 
                members, consisting of--
                          (i) the 2 co-chairs described in subparagraph 
                        (B);
                          (ii) 6 members jointly appointed by the 
                        Speaker and minority leader of the House of 
                        Representatives, in consultation with the 
                        respective Chairs and Ranking Members of the--
                                  (I) the Committee on Transportation 
                                and Infrastructure of the House of 
                                Representatives;
                                  (II) the Committee on Energy and 
                                Commerce of the House of 
                                Representatives; and
                                  (III) the Committee on Appropriations 
                                of the House of Representatives; and
                          (iii) 6 members jointly appointed by the 
                        majority leader and minority leader of the 
                        Senate, in consultation with the respective 
                        Chairs and Ranking Members of the--
                                  (I) the Committee on Environment and 
                                Public Works of the Senate;
                                  (II) the Committee on Commerce, 
                                Science, and Transportation of the 
                                Senate; and
                                  (III) the Committee on Appropriations 
                                of the Senate.
                  (B) Co-chairs.--The Task Force shall be co-chaired by 
                the Secretary and the NTIA Administrator, or their 
                designees.
                  (C) Composition.--The Task Force shall include at 
                least--
                          (i) 1 representative from a State department 
                        of transportation;
                          (ii) 1 representative from a local 
                        government;
                          (iii) 1 representative from a Tribal 
                        government;
                          (iv) 1 representative from a broadband 
                        provider;
                          (v) 1 representative from a State or local 
                        broadband provider;
                          (vi) 1 representative from a labor union; and
                          (vii) 1 representative from a public interest 
                        organization.
                  (D) Appointment deadline.--Members shall be appointed 
                to the Task Force not later than 60 days after the date 
                of enactment of this Act.
                  (E) 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 (D), the authority to make 
                such appointment or appointments shall expire and the 
                number of members of the Task Force shall be reduced by 
                the number equal to the number of appointments so 
                expired.
                  (F) 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 governments responsible for 
                transportation and rights of way, utilities, and 
                telecommunications and broadband;
                  (D) Tribal governments;
                  (E) broadband providers and other telecommunications 
                providers;
                  (F) labor unions; and
                  (G) State or local broadband providers and Tribal 
                governments that act as broadband providers.
          (6) Additional provisions.--
                  (A) Expenses for non-federal members.--Non-Federal 
                members of the Task Force shall be allowed travel 
                expenses, including per diem in lieu of subsistence, at 
                rates authorized for employees under subchapter I of 
                chapter 57 of title 5, United States Code, while away 
                from their homes or regular places of business in the 
                performance of services for the Task Force.
                  (B) Staff.--Staff of the Task Force shall comprise 
                detailees with relevant expertise from the Department 
                of Transportation and the National Telecommunications 
                and Information Administration, or another Federal 
                agency the co-chairpersons consider appropriate, with 
                the consent of the head of the Federal agency, and such 
                detailee shall retain the rights, status, and 
                privileges of his or her regular employment without 
                interruption.
                  (C) Administrative assistance.--The Secretary and 
                NTIA Administrator shall provide to the Task Force on a 
                reimbursable basis administrative support and other 
                services for the performance of the functions of the 
                Task Force.
          (7) Termination.--The Task Force shall terminate not later 
        than 90 days after issuance of the final report required under 
        paragraph (3)(B).

SEC. 1604. BALANCE EXCHANGES FOR INFRASTRUCTURE PROGRAM.

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

``Sec. 174. Balance Exchanges for Infrastructure Program

  ``(a) Definitions.--In this section:
          ``(1) Administratively allocated.--The term `administratively 
        allocated' means the allocation by the Secretary of budget 
        authority for a project under the TIFIA program that occurs 
        when--
                  ``(A) a potential applicant has been invited into the 
                creditworthiness phase for a project under the TIFIA 
                program; or
                  ``(B) the project is subject to a master credit 
                agreement (as defined in section 601(a)), in accordance 
                with section 602(b)(2).
          ``(2) Appalachian state.--The term `Appalachian State' means 
        a State that contains 1 or more counties in the Appalachian 
        region (as defined in section 14102(a) of title 40).
          ``(3) Program.--The term `program' means the Balance 
        Exchanges for Infrastructure Program established under 
        subsection (b).
          ``(4) TIFIA carryover balance.--
                  ``(A) In general.--The term `TIFIA carryover balance' 
                means the amounts made available for the TIFIA program 
                for previous fiscal years that are unobligated and have 
                not been administratively allocated.
                  ``(B) Inclusion.--The term `TIFIA carryover balance' 
                includes--
                          ``(i) the applicable amount of contract 
                        authority for the amounts described in 
                        subparagraph (A); and
                          ``(ii) the equivalent amount of obligation 
                        limitation for the fiscal year in which the 
                        Secretary makes a transfer under subsection 
                        (f)(2).
          ``(5) TIFIA program.--The term `TIFIA program' has the 
        meaning given the term in section 601(a).
  ``(b) Establishment.--The Secretary shall establish a program, to be 
known as the `Balance Exchanges for Infrastructure Program', in 
accordance with this section to provide flexibility for the Secretary 
and States to improve highway infrastructure.
  ``(c) Offer To Fund Projects or Exchange Funds.--
          ``(1) Solicitation.--For each fiscal year for which an amount 
        is reserved under subsection (f)(1), the Secretary shall--
                  ``(A) not later than December 1 of that fiscal year--
                          ``(i) solicit requests from Appalachian 
                        States to return amounts under subsection 
                        (d)(1)(A); and
                          ``(ii) solicit applications from Appalachian 
                        States for grants under subsection (e); and
                  ``(B) require that, not later than 60 days after the 
                date of the solicitations under subparagraph (A), each 
                Appalachian State that elects to participate in the 
                program shall submit to the Secretary either--
                          ``(i) a request that describes the amount 
                        that the Appalachian State requests to return 
                        under subsection (d)(1)(A); or
                          ``(ii) an application for a grant under 
                        subsection (e).
  ``(d) Exchange Agreements.--
          ``(1) In general.--The Secretary shall enter into an 
        agreement with each Appalachian State that submits a request 
        under subsection (c)(1)(A)(i) under which--
                  ``(A) the Appalachian State shall return to the 
                Secretary all, or at the discretion of the Appalachian 
                State, a portion of, the unobligated amounts from the 
                Highway Trust Fund (including the applicable amount of 
                contract authority and an equal amount of special no-
                year obligation limitation associated with that 
                contract authority) apportioned to the Appalachian 
                State for the Appalachian development highway system 
                under section 14501 of title 40 (but not including any 
                amounts made available by an appropriations Act without 
                an initial authorization); and
                  ``(B) the Secretary shall transfer to the Appalachian 
                State, from amounts transferred to the program under 
                subsection (f)(2) for that fiscal year, an amount 
                (including the applicable amount of contract authority 
                and an equal amount of annual obligation limitation) 
                equal to the amount that the Appalachian State returned 
                under subparagraph (A) that shall be used to carry out 
                projects described in paragraph (3).
          ``(2) State limitation.--The amount of contract authority 
        returned by an Appalachian State under paragraph (1)(A) may not 
        exceed the amount of the special no-year obligation limitation 
        available to the Appalachian State prior to the return of the 
        special no-year obligation limitation under that paragraph.
          ``(3) Eligible projects.--
                  ``(A) In general.--A project eligible to be carried 
                out using funds transferred to an Appalachian State 
                under paragraph (1)(B) is a project described in 
                subsections (b) and (c) of section 133.
                  ``(B) Federal share.--The Federal share of the cost 
                of a project carried out using funds transferred to an 
                Appalachian State under paragraph (1)(B) shall be up to 
                100 percent, at the discretion of the Appalachian 
                State.
                  ``(C) Application of section 133.--Except as 
                otherwise provided in this paragraph, section 133 shall 
                not apply to a project carried out using funds 
                transferred to an Appalachian State under paragraph 
                (1)(B).
          ``(4) Total limitation.--For each fiscal year, the total 
        amount exchanged under paragraph (1) shall not exceed the 
        amount available to be transferred to the program under 
        subsection (f).
          ``(5) Amounts exchanged.--For each fiscal year, if the total 
        amount requested by all Appalachian States to return under 
        paragraph (1)(A) is greater than the amount described in 
        paragraph (4), the Secretary shall exchange amounts under 
        paragraph (1) based on the proportion that--
                  ``(A) the amount requested to be returned for the 
                fiscal year by the Appalachian State; bears to
                  ``(B) the amount requested to be returned for the 
                fiscal year by all Appalachian States.
  ``(e) Appalachian Development Highway System Corridor Grants.--
          ``(1) In general.--Using amounts returned to the Secretary 
        under subsection (d)(1)(A), the Secretary shall provide grants 
        of contract authority, to remain available until expended, and 
        subject to special no-year obligation limitation, on a 
        competitive basis to Appalachian States for eligible projects 
        described in paragraph (2).
          ``(2) Eligible project.--A project eligible to be carried out 
        with a grant under this subsection is a project that is--
                  ``(A) eligible under section 14501 of title 40 as of 
                the date of enactment of this section; and
                  ``(B) reasonably expected to begin construction by 
                not later than 2 years after the date of obligation of 
                funds provided under this subsection for the project.
          ``(3) Application.--To be eligible to receive a grant under 
        this subsection, an Appalachian State shall submit to the 
        Secretary an application at such time, in such manner, and 
        containing such information as the Secretary may require.
          ``(4) Federal share.--The Federal share of the cost of a 
        project carried out using a grant provided under this 
        subsection shall be up to 100 percent, at the discretion of the 
        Appalachian State.
          ``(5) Limitation.--An Appalachian State that enters into an 
        agreement to exchange funds under subsection (d) for any fiscal 
        year shall not be eligible to receive a grant under this 
        subsection.
  ``(f) Transfer From TIFIA Program.--
          ``(1) In general.--On October 1 of each fiscal year, the 
        Secretary shall reserve, for the purpose of funding transfers 
        under paragraph (2) until the transfers are completed, the 
        amount of TIFIA carryover balance that exceeds the amount 
        available to carry out the TIFIA program for that fiscal year.
          ``(2) Transfers.--For each fiscal year, not later than 60 
        days after the date on which the Secretary receives the 
        responses to the solicitations under subsection (c)(1), the 
        Secretary shall transfer from the TIFIA program to the program 
        an amount of contract authority and equal amount of obligation 
        limitation that is equal to the lesser of--
                  ``(A) the total amount requested by all Appalachian 
                States for the fiscal year under subsection 
                (c)(1)(B)(i);
                  ``(B) the total amount requested by all Appalachian 
                States for grants under subsection (c)(1)(B)(ii); and
                  ``(C) the amount reserved under paragraph (1).''.
  (b) Clerical Amendment.--The analysis for chapter 1 of title 23, 
United States Code, is further amended by adding at the end the 
following:

``174. Balance Exchanges for Infrastructure Program.''.

SEC. 1605. STORMWATER BEST MANAGEMENT PRACTICES.

  (a) Study.--
          (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary of Transportation and the 
        Administrator shall seek to enter into an agreement with the 
        Transportation Research Board of the National Academy of 
        Sciences to under which the Transportation Research Board shall 
        conduct a study--
                  (A) to estimate pollutant loads from stormwater 
                runoff from highways and pedestrian facilities eligible 
                for assistance under title 23, United States Code, to 
                inform the development of appropriate total maximum 
                daily load requirements;
                  (B) to provide recommendations (including recommended 
                revisions to existing laws and regulations) regarding 
                the evaluation and selection by State departments of 
                transportation of potential stormwater management and 
                total maximum daily load compliance strategies within a 
                watershed, including environmental restoration and 
                pollution abatement carried out under section 328 of 
                title 23, United States Code;
                  (C) to examine the potential for the Secretary to 
                assist State departments of transportation in carrying 
                out and communicating stormwater management practices 
                for highways and pedestrian facilities that are 
                eligible for assistance under title 23, United States 
                Code, through information-sharing agreements, database 
                assistance, or an administrative platform to provide 
                the information described in subparagraphs (A) and (B) 
                to entities issued permits under the Federal Water 
                Pollution Control Act (33 U.S.C. 1251 et seq.); and
                  (D) to examine the benefit of concentrating 
                stormwater retrofits in impaired watersheds and 
                selecting such retrofits according to a process that 
                depends on a watershed management plan developed in 
                accordance with section 319 of the Federal Water 
                Pollution Control Act (33 U.S.C. 1329).
          (2) Requirements.--In conducting the study under the 
        agreement entered into pursuant to paragraph (1), the 
        Transportation Research Board shall--
                  (A) review and supplement, as appropriate, the 
                methodologies examined and recommended in the 2019 
                report of the National Academies of Sciences, 
                Engineering, and Medicine titled ``Approaches for 
                Determining and Complying with TMDL Requirements 
                Related to Roadway Stormwater Runoff'';
                  (B) consult with--
                          (i) the Secretary of Transportation;
                          (ii) the Secretary of Agriculture;
                          (iii) the Administrator;
                          (iv) the Secretary of the Army, acting 
                        through the Chief of Engineers; and
                          (v) State departments of Transportation; and
                  (C) solicit input from--
                          (i) stakeholders with experience in 
                        implementing stormwater management practices 
                        for projects; and
                          (ii) educational and technical stormwater 
                        management groups.
          (3) Report.--In carrying out the agreement entered into 
        pursuant to paragraph (1), not later than 18 months after the 
        date of enactment of this Act, the Transportation Research 
        Board shall submit to the Secretary of Transportation, the 
        Administrator, the Committee on Transportation and 
        Infrastructure of the House of Representatives, and the 
        Committee on Environment and Public Works of the Senate a 
        report describing the results of the study.
  (b) Stormwater Best Management Practices Reports.--
          (1) Reissuance.--Not later than 180 days after the date of 
        enactment of this Act, the Administrator shall update and 
        reissue the best management practices reports to reflect new 
        information and advancements in stormwater management.
          (2) Updates.--Not less frequently than once every 5 years 
        after the date on which the Secretary reissues the best 
        management practices reports under paragraph (1), the Secretary 
        shall update and reissue the best management practices reports, 
        unless the contents of the best management practices reports 
        have been incorporated (including by reference) into applicable 
        regulations of the Secretary.
  (c) Definitions.--In this section:
          (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
          (2) Best management practices reports.--The term ``best 
        management practices reports'' means--
                  (A) the 2014 report sponsored by the Department of 
                Transportation titled ``Determining the State of the 
                Practice in Data Collection and Performance Measurement 
                of Stormwater Best Management Practices'' (FHWA-HEP-16-
                021); and
                  (B) the 2000 report sponsored by the Department of 
                Transportation titled ``Stormwater Best Management 
                Practices in an Ultra-Urban Setting: Selection and 
                Monitoring''.
          (3) Total maximum daily load.--The term ``total maximum daily 
        load'' has the meaning given such term in section 130.2 of 
        title 40, Code of Federal Regulations (or successor 
        regulations).

SEC. 1606. PEDESTRIAN FACILITIES IN THE PUBLIC RIGHT-OF-WAY.

  (a) In General.--Not later than 180 days after the date of enactment 
of this Act, the Architectural and Transportation Barriers Compliance 
Board established under section 502(a)(1) of the Rehabilitation Act of 
1973 (29 U.S.C. 792), in consultation with the Secretary of 
Transportation, shall establish accessibility guidelines setting forth 
minimum standards for pedestrian facilities in the public right-of-way.
  (b) Content of Guidance.--The guidelines described in subsection (a) 
shall be substantially similar to, and carried out under the same 
statutory authority as--
          (1) the notice of proposed rulemaking published on July 26, 
        2011, titled ``Accessibility Guidelines for Pedestrian 
        Facilities in the Public Right-of-Way'' (76 Fed. Reg. 44664); 
        and
          (2) the supplemental notice of proposed rulemaking published 
        on February 13, 2013, titled ``Accessibility Guidelines for 
        Pedestrian Facilities in the Public Right-of-Way; Shared Use 
        Paths'' (78 Fed. Reg. 10110).
  (c) Adoption of Regulations.--Not later than 180 days after the 
establishment of the guidelines pursuant to subsection (a), the 
Secretary shall issue such regulations as are necessary to adopt such 
guidelines.

SEC. 1607. HIGHWAY FORMULA MODERNIZATION REPORT.

  (a) Highway Formula Modernization Study.--
          (1) In general.--The Secretary of Transportation, in 
        consultation with the State departments of transportation and 
        representatives of local governments (including metropolitan 
        planning organizations), shall conduct a highway formula 
        modernization study to assess the method and data used to 
        apportion Federal-aid highway funds under subsections (b) and 
        (c) of section 104 of title 23, United States Code, and issue 
        recommendations on such method and data.
          (2) Assessment.--The highway formula modernization study 
        required under paragraph (1) shall include an assessment of, 
        based on the latest available data, whether the apportionment 
        method under such section results in--
                  (A) an equitable distribution of funds based on the 
                estimated tax payments attributable to--
                          (i) highway users in the State that are paid 
                        into the Highway Trust Fund; and
                          (ii) individuals in the State that are paid 
                        to the Treasury, based on contributions to the 
                        Highway Trust Fund from the general fund of the 
                        Treasury; and
                  (B) the achievement of the goals described in section 
                101(b)(3) of title 23, United States Code.
          (3) Considerations.--In carrying out the assessment under 
        paragraph (2), the Secretary shall consider the following:
                  (A) The factors described in sections 104(b), 
                104(f)(2), 104(h)(2), 130(f), and 144(e) of title 23, 
                United States Code, as in effect on the date of 
                enactment of SAFETEA-LU (Public Law 109-59).
                  (B) The availability and accuracy of data necessary 
                to calculate formula apportionments under the factors 
                described in subparagraph (A).
                  (C) The measures established under section 150 of 
                title 23, United States Code, and whether such measures 
                are appropriate for consideration as formula 
                apportionment factors.
                  (D) The results of the CMAQ formula modernization 
                study required under subsection (b).
                  (E) Any other factors that the Secretary determines 
                are appropriate.
          (4) Recommendations.--The Secretary shall, in consultation 
        with the State departments of transportation and 
        representatives of local governments (including metropolitan 
        planning organizations), develop recommendations on a new 
        apportionment method, including--
                  (A) the factors recommended to be included in such 
                apportionment method;
                  (B) the weighting recommended to be applied to the 
                factors under subparagraph (A); and
                  (C) any other recommendations to ensure that the 
                apportionment method best achieves an equitable 
                distribution of funds described under paragraph (2)(A) 
                and the goals described in paragraph (2)(B).
  (b) CMAQ Formula Modernization Study.--
          (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary of Transportation, in 
        consultation with the Administrator of the Environmental 
        Protection Agency, shall conduct an CMAQ formula modernization 
        study to assess whether the apportionment method under section 
        104(b)(4) of title 23, United States Code, results in a 
        distribution of funds that best achieves the air quality goals 
        of section 149 of such title.
          (2) Considerations.--In providing consultation under this 
        subsection, the Administrator of the Environmental Protection 
        Agency shall provide to the Secretary an analysis of--
                  (A) factors that contribute to the apportionment, 
                including population, types of pollutants, and severity 
                of pollutants, as such factors were determined on the 
                date prior to the date of enactment of MAP-21;
                  (B) the weighting of the factors listed under 
                subparagraph (A); and
                  (C) the recency of the data used in making the 
                apportionment under section 104(b)(4) of title 23, 
                United States Code.
          (3) Recommendations.--If, in conducting the study under this 
        subsection, the Secretary finds that modifying the 
        apportionment method under section 104(b)(4) of title 23, 
        United States Code, would best achieve the air quality goals of 
        section 149 of title 23, United States Code, the Secretary 
        shall, in consultation with the Administrator, include in such 
        study recommendations for a new apportionment method, 
        including--
                  (A) the factors recommended to be included in such 
                apportionment method;
                  (B) the weighting recommended to be applied to the 
                factors under subparagraph (A); and
                  (C) any other recommendations to ensure that the 
                apportionment method best achieves the air quality 
                goals section 149 of such title.
  (c) Report.--No later than 2 years after the date of enactment of 
this Act, the Secretary shall submit to the Committee on Transportation 
and Infrastructure of the House of Representatives and the Committee on 
Environment and Public Works of the Senate a report containing the 
results of the highway formula modernization study and the CMAQ formula 
modification study.

SEC. 1608. CONSOLIDATION OF PROGRAMS.

  Section 1519 of MAP-21 (Public Law 112-141) is amended--
          (1) in subsection (a)--
                  (A) by striking ``fiscal years 2016 through 2020'' 
                and inserting ``fiscal years 2022 through 2025''; and
                  (B) by striking ``$3,500,000'' and inserting 
                ``$4,000,000'';
          (2) by redesignating subsections (b) and (c) as subsections 
        (c) and (d), respectively; and
          (3) by inserting after subsection (a) the following:
  ``(b) Federal Share.--The Federal share of the cost of a project or 
activity carried out under subsection (a) shall be 100 percent.''.

SEC. 1609. STUDENT OUTREACH REPORT TO CONGRESS.

  (a) Report.--Not later than 180 days after the date of enactment of 
this Act, the Secretary of Transportation shall submit to the Committee 
on Transportation and Infrastructure of the House of Representatives 
and the Committee on Environment and Public Works of the Senate a 
report that describes the efforts of the Department of Transportation 
to encourage elementary, secondary, and post-secondary students to 
pursue careers in the surface transportation sector.
  (b) Contents.--The report required under subsection (a) shall 
include--
          (1) a description of efforts to increase awareness of careers 
        related to surface transportation among elementary, secondary, 
        and post-secondary students;
          (2) a description of efforts to prepare and inspire such 
        students for surface transportation careers;
          (3) a description of efforts to support the development of a 
        diverse, well-qualified workforce for future surface 
        transportation needs; and
          (4) the effectiveness of the efforts described in paragraphs 
        (1) through (3).

SEC. 1610. TASK FORCE ON DEVELOPING A 21ST CENTURY SURFACE 
                    TRANSPORTATION WORKFORCE.

  (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Secretary of Transportation shall establish a task 
force on developing a 21st century surface transportation workforce (in 
this section referred to as the ``Task Force'').
  (b) Duties.--Not later than 12 months after the establishment of the 
Task Force under subsection (a), the Task Force shall develop and 
submit to the Secretary recommendations and strategies for the 
Department of Transportation to--
          (1) evaluate the current and future state of the surface 
        transportation workforce, including projected job needs in the 
        surface transportation sector;
          (2) identify factors influencing individuals pursuing careers 
        in surface transportation, including barriers to attracting 
        individuals into the workforce;
          (3) address barriers to retaining individuals in surface 
        transportation careers;
          (4) identify and address potential impacts of emerging 
        technologies on the surface transportation workforce;
          (5) increase access for vulnerable or underrepresented 
        populations, especially women and minorities, to high-skill, 
        in-demand surface transportation careers;
          (6) facilitate and encourage elementary, secondary, and post-
        secondary students in the United States to pursue careers in 
        the surface transportation sector; and
          (7) identify and develop pathways for students and 
        individuals to secure pre-apprenticeships, registered 
        apprenticeships, and other work-based learning opportunities in 
        the surface transportation sector of the United States.
  (c) Considerations.--In developing recommendations and strategies 
under subsection (b), the Task Force shall--
          (1) identify factors that influence whether young people 
        pursue careers in surface transportation, especially 
        traditionally underrepresented populations, including women and 
        minorities;
          (2) consider how the Department, businesses, industry, labor, 
        educators, and other stakeholders can coordinate efforts to 
        support qualified individuals in pursuing careers in the 
        surface transportation sector;
          (3) identify methods of enhancing surface transportation pre-
        apprenticeships and registered apprenticeships, job skills 
        training, mentorship, education, and outreach programs that are 
        exclusive to youth in the United States; and
          (4) identify potential sources of funding, including grants 
        and scholarships, that may be used to support youth and other 
        qualified individuals in pursuing careers in the surface 
        transportation sector.
  (d) Consultation.--In developing the recommendations and strategies 
required under subsection (b), the Task Force may consult with--
          (1) local educational agencies and institutes of higher 
        education, including community colleges and vocational schools; 
        and
          (2) State workforce development boards.
  (e) Report.--Not later than 60 days after the submission of the 
recommendations and strategies under subsection (b), the Secretary 
shall submit to the Committee on Transportation and Infrastructure of 
the House of Representatives and the Committee on Environment and 
Public Works of the Senate a report containing such recommendations and 
strategies.
  (f) Composition of Task Force.--The Secretary shall appoint members 
to the Task Force whose diverse background and expertise allow such 
members to contribute balanced points of view and ideas in carrying out 
this section, comprised of equal representation from each of the 
following:
          (1) Industries in the surface transportation sector.
          (2) Surface transportation sector labor organizations.
          (3) Such other surface transportation stakeholders and 
        experts as the Secretary considers appropriate.
  (g) Period of Appointment.--Members shall be appointed to the Task 
Force for the duration of the existence of the Task Force.
  (h) Compensation.--Task Force members shall serve without 
compensation.
  (i) Sunset.--The Task Force shall terminate upon the submission of 
the report required under subsection (e).
  (j) Definitions.--In this section:
          (1) Pre-apprenticeship.--The term ``pre-apprenticeship'' 
        means a training model or program that prepares individuals for 
        acceptance into a registered apprenticeship and has a 
        demonstrated partnership with 1 or more registered 
        apprenticeships.
          (2) Registered apprenticeship.--The term ``registered 
        apprenticeship'' means an apprenticeship program registered 
        under the Act of August 16, 1937 (29 U.S.C. 50 et seq.; 
        commonly known as the ``National Apprenticeship Act''), that 
        satisfies the requirements of parts 29 and 30 of title 29, Code 
        of Federal Regulations (as in effect on January 1, 2020).

SEC. 1611. ON-THE-JOB TRAINING AND SUPPORTIVE SERVICES.

  Section 140(b) of title 23, United States Code, is amended to read as 
follows:
  ``(b) Workforce Training and Development.--
          ``(1) In general.--The Secretary, in cooperation with the 
        Secretary of Labor and any other department or agency of the 
        Government, State agency, authority, association, institution, 
        Indian Tribal government, corporation (profit or nonprofit), or 
        any other organization or person, is authorized to develop, 
        conduct, and administer surface transportation and technology 
        training, including skill improvement programs, and to develop 
        and fund summer transportation institutes.
          ``(2) State responsibilities.--A State department of 
        transportation participating in the program under this 
        subsection shall--
                  ``(A) develop an annual workforce plan that 
                identifies immediate and anticipated workforce gaps and 
                underrepresentation of women and minorities and a 
                detailed plan to fill such gaps and address such 
                underrepresentation;
                  ``(B) establish an annual workforce development 
                compact with the State workforce development board and 
                appropriate agencies to provide a coordinated approach 
                to workforce training, job placement, and 
                identification of training and skill development 
                program needs, which shall be coordinated to the extent 
                practical with an institution or agency, such as a 
                State workforce development board under section 101 of 
                the Workforce Innovation and Opportunities Act (29 
                U.S.C. 3111), that has established skills training, 
                recruitment, and placement resources; and
                  ``(C) demonstrate program outcomes, including--
                          ``(i) impact on areas with transportation 
                        workforce shortages;
                          ``(ii) diversity of training participants;
                          ``(iii) number and percentage of participants 
                        obtaining certifications or credentials 
                        required for specific types of employment;
                          ``(iv) employment outcome, including job 
                        placement and job retention rates and earnings, 
                        using performance metrics established in 
                        consultation with the Secretary of Labor and 
                        consistent with metrics used by programs under 
                        the Workforce Innovation and Opportunity Act 
                        (29 U.S.C. 3101 et seq.); and
                          ``(v) to the extent practical, evidence that 
                        the program did not preclude workers that 
                        participate in training or registered 
                        apprenticeship activities under the program 
                        from being referred to, or hired on, projects 
                        funded under this chapter.
          ``(3) Funding.--From administrative funds made available 
        under section 104(a), the Secretary shall deduct such sums as 
        necessary, not to exceed $10,000,000 in each fiscal year, for 
        the administration of this subsection. Such sums shall remain 
        available until expended.
          ``(4) Nonapplicability of title 41.--Subsections (b) through 
        (d) of section 6101 of title 41 shall not apply to contracts 
        and agreements made under the authority granted to the 
        Secretary under this subsection.
          ``(5) Use of surface transportation program and national 
        highway performance program funds.--Notwithstanding any other 
        provision of law, not to exceed \1/2\ of 1 percent of funds 
        apportioned to a State under paragraph (1) or (2) of section 
        104(b) may be available to carry out this subsection upon 
        request of the State transportation department to the 
        Secretary.''.

SEC. 1612. WORK ZONE SAFETY.

  Section 504(e)(1) of title 23, United States Code, is amended--
          (1) by redesignating subparagraphs (F) and (G) as 
        subparagraphs (G) and (H), respectively; and
          (2) by inserting after subparagraph (E) the following:
                  ``(F) tuition and direct educational expenses or 
                other costs of instruction related to the work zone 
                safety training and certification of employees of State 
                and local transportation agencies and surface 
                transportation construction workers;''.

SEC. 1613. TRANSPORTATION EDUCATION DEVELOPMENT PROGRAM.

  Section 504 of title 23, United States Code, is amended--
          (1) in subsection (e)(1) by inserting ``and (8) through (9)'' 
        after ``paragraphs (1) through (4)''; and
          (2) in subsection (f) by adding at the end the following:
          ``(4) Reports.--The Secretary shall submit to the Committee 
        on Transportation and Infrastructure of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate an annual report that includes--
                  ``(A) a list of all grant recipients under this 
                subsection;
                  ``(B) an explanation of why each recipient was chosen 
                in accordance with the criteria under paragraph (2);
                  ``(C) a summary of each recipient's objective to 
                carry out the purpose described in paragraph (1) and an 
                analysis of progress made toward achieving each such 
                objective;
                  ``(D) an accounting for the use of Federal funds 
                obligated or expended in carrying out this subsection; 
                and
                  ``(E) an analysis of outcomes of the program under 
                this subsection.''.

SEC. 1614. WORKING GROUP ON CONSTRUCTION RESOURCES.

  (a) Establishment.--Not later than 120 days after the date of 
enactment of this Act, the Secretary of Transportation shall establish 
a working group (in this section referred to as the ``Working Group'') 
to conduct a study on access to covered resources for infrastructure 
projects.
  (b) Membership.--
          (1) Appointment.--The Secretary shall appoint to the Working 
        Group individuals with knowledge and expertise in the 
        production and transportation of covered resources.
          (2) Representation.--The Working Group shall include at least 
        1 representative of each of the following:
                  (A) State departments of transportation.
                  (B) State agencies associated with covered resources 
                protection.
                  (C) State planning and geologic survey and mapping 
                agencies.
                  (D) Commercial motor vehicle operators, including 
                small business operators and operators who transport 
                covered resources.
                  (E) Covered resources producers.
                  (F) Construction contractors.
                  (G) Metropolitan planning organizations and regional 
                planning organizations.
                  (H) Indian Tribes, including Tribal elected 
                leadership or Tribal transportation officials.
                  (I) Any other stakeholders that the Secretary 
                determines appropriate.
          (3) Termination.--The Working Group shall terminate 6 months 
        after the date on which the Secretary receives the report under 
        subsection (e)(1).
  (c) Duties.--In carrying out the study required under subsection (a), 
the Working Group shall analyze--
          (1) the use of covered resources in transportation projects 
        funded with Federal dollars;
          (2) how the proximity of covered resources to such projects 
        affects the cost and environmental impact of such projects;
          (3) whether and how State, Tribal, and local transportation 
        and planning agencies consider covered resources when 
        developing transportation projects; and
          (4) any challenges for transportation project sponsors 
        regarding access and proximity to covered resources.
  (d) Consultation.--In carrying out the study required under 
subsection (a), the Working Group shall consult with, as appropriate--
          (1) chief executive officers of States;
          (2) State, Tribal, and local transportation and planning 
        agencies;
          (3) other relevant State, Tribal, and local agencies, 
        including State agencies associated with covered resources 
        protection;
          (4) members of the public with industry experience with 
        respect to covered resources;
          (5) other Federal entities that provide funding for 
        transportation projects; and
          (6) any other stakeholder the Working Group determines 
        appropriate.
  (e) Reports.--
          (1) Working group report.--Not later than 2 years after the 
        date on which the Working Group is established, the Working 
        Group shall submit to the Secretary a report that includes--
                  (A) the findings of the study required under 
                subsection (a), including a summary of comments 
                received during the consultation process under 
                subsection (d); and
                  (B) any recommendations to preserve access to and 
                reduce the costs and environmental impacts of covered 
                resources for infrastructure projects.
          (2) Departmental report.--Not later than 3 months after the 
        date on which the Secretary receives the report under paragraph 
        (1), the Secretary shall submit to the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives and the Committee on Environment and Public 
        Works of the Senate a summary of the findings under such report 
        and any recommendations, as appropriate.
  (f) Definitions.--In this section:
          (1) Covered resources.--The term ``covered resources'' means 
        common variety materials used in transportation infrastructure 
        construction and maintenance, including stone, sand, and 
        gravel.
          (2) State.--The term ``State'' means each of the several 
        States, the District of Columbia, and each territory or 
        possession of the United States.

SEC. 1615. NUMBERING SYSTEM OF HIGHWAY INTERCHANGES.

  (a) In General.--Notwithstanding section 315 of title 23, United 
States Code, and section 1.36 of title 23, Code of Federal Regulations, 
the Secretary of Transportation may not impose a penalty on a State 
that does not comply with section 2E.31 of the Manual on Uniform 
Traffic Control Devices (or a successor section) with respect to the 
numbering of highway interchanges.
  (b) Applicability.--Subsection (a) shall only apply to a method of 
numbering of a highway interchange in effect on the date of enactment 
of this Act.

SEC. 1616. TOLL CREDITS.

  (a) Purposes.--The Secretary of Transportation shall--
          (1) identify the extent of the demand to purchase toll 
        credits;
          (2) identify the expected cash price of toll credits;
          (3) analyze the impact of the exchange of toll credits on 
        transportation expenditures; and
          (4) identify any other repercussions of establishing a toll 
        credit exchange.
  (b) Solicitation.--To carry out the requirements of this section, the 
Secretary shall solicit information from States eligible to use a 
credit under section 120(i) of title 23, United States Code, 
including--
          (1) the amount of unused toll credits, including--
                  (A) toll revenue generated and the sources of that 
                revenue;
                  (B) toll revenue used by public, quasi-public, and 
                private agencies to build, improve, or maintain 
                highways, bridges, or tunnels that serve the public 
                purpose of interstate commerce; and
                  (C) an accounting of any Federal funds used by the 
                public, quasi-public, or private agency to build, 
                improve, or maintain the toll facility, to validate 
                that the credit has been reduced by a percentage equal 
                to the percentage of the total cost of building, 
                improving, or maintaining the facility that was derived 
                from Federal funds;
          (2) the documentation of maintenance of effort for toll 
        credits earned by the State; and
          (3) the accuracy of the accounting system of the State to 
        earn and track toll credits.
  (c) Website.--The Secretary shall make available a publicly 
accessible website on which a State eligible to use a credit under 
section 120(i) of title 23, United States Code shall publish the 
information described under subsection (b)(1).
  (d) Evaluation and Recommendations to Congress.--Not later than 2 
years after the date of enactment of this Act, the Secretary shall 
provide to the Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Environment and Public 
Works of the Senate, and make publicly available on the website of the 
Department of Transportation--
          (1) an evaluation of the accuracy of the accounting and 
        documentation of toll credits earned under section 120(i);
          (2) a determination whether a toll credit marketplace is 
        viable and cost effective;
          (3) estimates, to the extent possible, of the average sale 
        price of toll credits; and
          (4) recommendations on any modifications necessary, including 
        legislative changes, to establish and implement a toll credit 
        exchange program.
  (e) Definition.--In this section, the term ``State'' has the meaning 
given the term in section 101(a) of title 23, United States Code.

SEC. 1617. TRANSPORTATION CONSTRUCTION MATERIALS PROCUREMENT.

  (a) Establishment.--Not later than 180 days after the date of 
enactment of this Act, the Secretary of Transportation shall initiate a 
review of the procurement processes used by State departments of 
transportation to select construction materials on projects utilizing 
Federal-aid highway funds.
  (b) Contents.--The review under subsection (a) shall include--
          (1) a review of competitive practices in the bidding process 
        for transportation construction materials;
          (2) a list of States that currently issue bids that include 
        flexibility in the type of construction materials used to meet 
        the project specifications;
          (3) any information provided by States on considerations that 
        influence the decision to include competition by type of 
        material in transportation construction projects;
          (4) any data on whether issuing bids that include flexibility 
        in the type of construction materials used to meet the project 
        specifications will affect project costs over the lifecycle of 
        an asset;
          (5) any data on the degree to which competition leads to 
        greater use of sustainable, innovative, or resilient materials; 
        and
          (6) an evaluation of any barriers to more widespread use of 
        competitive bidding processes for transportation construction 
        materials.
  (c) Report.--Not later than 18 months after the date of enactment of 
this Act, the Secretary shall submit to the Committee on Transportation 
and Infrastructure of the House of Representatives and the Committee on 
Environment and Public Works of the Senate, and make publicly 
available, a report on the review initiated by the Secretary pursuant 
to this section.

SEC. 1618. CONSTRUCTION OF CERTAIN ACCESS AND DEVELOPMENT ROADS.

  Section 118(d) of title 23, United States Code, is amended by 
striking ``and the Commonwealth of Puerto Rico'' and inserting ``, the 
Commonwealth of Puerto Rico, and any other territory of the United 
States''.

SEC. 1619. NATIONWIDE ROAD SAFETY ASSESSMENT.

  (a) In General.--The Secretary of Transportation shall, every 2 
years, conduct nationwide, on-the-ground road safety assessments 
focused on pedestrian and bicycle safety in each State.
  (b) Requirements.--The assessments required under subsection (a) 
shall be conducted--
          (1) by Department of Transportation field offices from the 
        Federal Highway Administration, the National Highway 
        Transportation Safety Administration, the Federal Transit 
        Administration, and the Federal Motor Carrier Safety 
        Administration; and
          (2) in consultation with--
                  (A) State and local agencies with jurisdiction over 
                pedestrian and bicycle safety;
                  (B) pedestrian safety and bicycle safety advocacy 
                organizations; and
                  (C) other relevant pedestrian and bicycle safety 
                stakeholders.
  (c) Purposes.--The purpose of the assessments under this section is 
to--
          (1) identify and examine specific locations with documented 
        or perceived problems with pedestrian and bicycle safety and 
        access;
          (2) examine barriers to providing safe pedestrian and bicycle 
        access to transportation infrastructure; and
          (3) develop and issue recommendations designed to effectively 
        address specific safety and access issues and enhance 
        pedestrian and bicycle safety in high risk areas.
  (d) Report on State Assessments.--Upon completion of the assessment 
of a State, the Secretary shall issue, and make available to the 
public, a report containing the assessment that includes--
          (1) a list of locations that have been assessed as presenting 
        a danger to pedestrians or bicyclists; and
          (2) recommendations to enhance pedestrian and bicycle safety 
        in those locations.
  (e) Report on Nationwide Program.--Upon completion of the biannual 
assessment nationwide required under this section, the Secretary shall 
issue, and make available to the public, that covers assessments for 
all jurisdictions and also present it to the congressional 
transportation committees.
  (f) National Pedestrian and Bicycle Safety Database.--The Secretary, 
in order to enhance pedestrian and bicycle safety and improve 
information sharing on pedestrian and bicycle safety challenges between 
the Federal Government and State and local governments, shall maintain 
a national pedestrian and bicycle safety database that includes--
          (1) a list of high-risk intersections, roads, and highways 
        with a documented history of pedestrian or bicycle accidents or 
        fatalities and details regarding those incidents; and
          (2) information on corrective measures that have been 
        implemented at the State, local, or Federal level to enhance 
        pedestrian and bicyclist safety at those high risk areas, 
        including details on the nature and date of corrective action.
  (g) State Defined.--In this section, the term ``State'' means each of 
the States, the District of Columbia, and Puerto Rico.

SEC. 1620. WILDLIFE CROSSINGS.

  (a) In General.--
          (1) Obligation requirement.--For each of fiscal years 2022 
        through 2025, of the amounts apportioned to a State under 
        paragraph (1) of section 104(b) of title 23, United States 
        Code, each State shall obligate amounts distributed to such 
        State under subsection (b) for projects and strategies that 
        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 section 119 of title 23, United 
        States Code.
          (2) Total amount.--The total amount to be obligated by all 
        States under paragraph (1) shall equal $75,000,000 for each of 
        fiscal years 2022 through 2025.
  (b) Distribution.--Each State's share of the amount described under 
subsection (a)(2) shall be determined by multiplying the amount 
described under such subsection by the ratio that--
          (1) the amount apportioned in the previous fiscal year to the 
        State under section 104 of title 23, United States Code; bears 
        to
          (2) the total amount of funds apportioned to all States in 
        the previous fiscal year.
  (c) State Flexibility.--
          (1) In general.--A State may opt out of the obligation 
        requirement described under this section if the Governor of the 
        State notifies the Secretary that the State has inadequate 
        needs to justify the expenditure not later than 30 days prior 
        to apportionments being made for any fiscal year.
          (2) Use of funds.--A State that exercises the authority under 
        paragraph (1) may use the funds described under this section 
        for any purpose described under section 119 of title 23, United 
        States Code.

SEC. 1621. CLIMATE RESILIENT TRANSPORTATION INFRASTRUCTURE STUDY.

  (a) Climate Resilient Transportation Infrastructure Study.--Not later 
than 180 days after the date of enactment of this Act, the Secretary of 
Transportation shall enter into an agreement with the Transportation 
Research Board of the National Academies to conduct a study of the 
actions needed to ensure that Federal agencies are taking into account 
current and future climate conditions in planning, designing, building, 
operating, maintaining, investing in, and upgrading any federally 
funded transportation infrastructure investments.
  (b) Methodologies.--In conducting the study, the Transportation 
Research Board shall build on the methodologies examined and 
recommended in--
          (1) the 2018 report issued the American Society of Civil 
        Engineers, titled ``Climate-Resilient Infrastructure: Adaptive 
        Design and Risk Management''; and
          (2) the report issued by the California Climate-Safe 
        Infrastructure Working Group, titled ``Paying it Forward: The 
        Path Toward Climate-Safe Infrastructure in California''.
  (c) Contents of Study.--The study shall include specific 
recommendations regarding the following:
          (1) Integrating scientific knowledge of projected climate 
        change impacts, and other relevant data and information, into 
        Federal infrastructure planning, design, engineering, 
        construction, operation and maintenance.
          (2) Addressing critical information gaps and challenges.
          (3) Financing options to help fund climate-resilient 
        infrastructure.
          (4) A platform or process to facilitate communication between 
        climate scientists and other experts with infrastructure 
        planners, engineers and other relevant experts.
          (5) A stakeholder process to engage with representatives of 
        State, local, tribal and community groups.
          (6) A platform for tracking Federal funding of climate-
        resilient infrastructure.
  (d) Considerations.--In carrying out the study, the Transportation 
Research Board shall determine the need for information related to 
climate resilient transportation infrastructure by considering--
          (1) the current informational and institutional barriers to 
        integrating projected infrastructure risks posed by climate 
        change into federal infrastructure planning, design, 
        engineering, construction, operation and maintenance;
          (2) the critical information needed by engineers, planners 
        and those charged with infrastructure upgrades and maintenance 
        to better incorporate climate change risks and impacts over the 
        lifetime of projects;
          (3) how to select an appropriate, adaptive engineering design 
        for a range of future climate scenarios as related to 
        infrastructure planning and investment;
          (4) how to incentivize and incorporate systems thinking into 
        engineering design to maximize the benefits of multiple natural 
        functions and emissions reduction, as well as regional 
        planning;
          (5) how to take account of the risks of cascading 
        infrastructure failures and develop more holistic approaches to 
        evaluating and mitigating climate risks;
          (6) how to ensure that investments in infrastructure 
        resilience benefit all communities, including communities of 
        color, low-income communities and tribal communities that face 
        a disproportionate risk from climate change and in many cases 
        have experienced long-standing unmet needs and underinvestment 
        in critical infrastructure;
          (7) how to incorporate capital assessment and planning 
        training and techniques, including a range of financing options 
        to help local and State governments plan for and provide 
        matching funds; and
          (8) how federal agencies can track and monitor federally 
        funded resilient infrastructure in a coordinated fashion to 
        help build the understanding of the cost-benefit of resilient 
        infrastructure and to build the capacity for implementing 
        resilient infrastructure.
  (e) Consultation.--In carrying out the study, the Transportation 
Research Board--
          (1) shall convene and consult with a panel of national 
        experts, including operators and users of Federal 
        transportation infrastructure and private sector stakeholders; 
        and
          (2) is encouraged to consult with--
                  (A) representatives from the thirteen federal 
                agencies that comprise the United States Global Change 
                Research Program;
                  (B) representatives from the Department of the 
                Treasury;
                  (C) professional engineers with relevant expertise in 
                infrastructure design;
                  (D) scientists from the National Academies with 
                relevant expertise;
                  (E) scientists, social scientists and experts from 
                academic and research institutions who have expertise 
                in climate change projections and impacts; engineering; 
                architecture; or other relevant areas of expertise;
                  (F) licensed architects with relevant experience in 
                infrastructure design;
                  (G) certified planners;
                  (H) representatives of State, local and Tribal 
                governments; and
                  (I) representatives of environmental justice groups.
  (f) Report.--Not later than 3 years after the date of enactment of 
this Act, the Transportation Research Board shall submit to the 
Secretary, the Committee on Transportation and Infrastructure of the 
House of Representatives, and the Committee on Environment and Public 
Works of the Senate a report on the results of the study conducted 
under this section.

SEC. 1622. ELIMINATION OF DUPLICATION OF ENVIRONMENTAL REVIEWS AND 
                    APPROVALS.

  The Secretary of Transportation shall issue a final rule implementing 
the program under section 330 of title 23, United States Code.

SEC. 1623. AMBER ALERTS ALONG MAJOR TRANSPORTATION ROUTES.

  (a) In General.--Section 303 of the PROTECT Act (34 U.S.C. 20503) is 
amended--
          (1) in the section heading, by inserting ``and major 
        transportation routes'' after ``along highways'';
          (2) in subsection (a)--
                  (A) by inserting ``(referred to in this section as 
                the `Secretary')'' after ``Secretary of 
                Transportation''; and
                  (B) by inserting ``and at airports, maritime ports, 
                border crossing areas and checkpoints, and ports of 
                exit from the United States'' after ``along highways'';
          (3) in subsection (b)--
                  (A) in paragraph (1)--
                          (i) by striking ``other motorist information 
                        systems to notify motorists'' and inserting 
                        ``other information systems to notify 
                        motorists, aircraft passengers, ship 
                        passengers, and travelers''; and
                          (ii) by inserting ``, aircraft passengers, 
                        ship passengers, and travelers'' after 
                        ``necessary to notify motorists''; and
                  (B) in paragraph (2)--
                          (i) in subparagraph (A), by striking ``other 
                        motorist information systems to notify 
                        motorists'' and inserting ``other information 
                        systems to notify motorists, aircraft 
                        passengers, ship passengers, and travelers'';
                          (ii) in subparagraph (D), by inserting ``, 
                        aircraft passengers, ship passengers, and 
                        travelers'' after ``support the notification of 
                        motorists'';
                          (iii) in subparagraph (E), by inserting ``, 
                        aircraft passengers, ship passengers, and 
                        travelers'' after ``motorists'', each place it 
                        appears;
                          (iv) in subparagraph (F), by inserting ``, 
                        aircraft passengers, ship passengers, and 
                        travelers'' after ``motorists''; and
                          (v) in subparagraph (G), by inserting ``, 
                        aircraft passengers, ship passengers, and 
                        travelers'' after ``motorists'';
          (4) in subsection (c), by striking ``other motorist 
        information systems to notify motorists'', each place it 
        appears, and inserting ``other information systems to notify 
        motorists, aircraft passengers, ship passengers, and 
        travelers'';
          (5) by amending subsection (d) to read as follows:
  ``(d) Federal Share.--
          ``(1) In general.--Except as provided in paragraph (2), the 
        Federal share of the cost of any activities funded by a grant 
        under this section may not exceed 80 percent.
          ``(2) Waiver.--If the Secretary determines that American 
        Samoa, Guam, the Northern Mariana Islands, Puerto Rico, or the 
        Virgin Islands of the United States is unable to comply with 
        the requirement under paragraph (1), the Secretary shall waive 
        such requirement.'';
          (6) in subsection (g)--
                  (A) by striking ``In this section'' and inserting 
                ``In this subtitle''; and
                  (B) by striking ``or Puerto Rico'' and inserting 
                ``American Samoa, Guam, Puerto Rico, the Northern 
                Mariana Islands, the Virgin Islands of the United 
                States, and any other territory of the United States''.
  (b) Technical and Conforming Amendment.--The table of contents in 
section 1(b) of the PROTECT Act (Public Law 108-21) is amended by 
striking the item relating to section 303 and inserting the following:

``Sec. 303. Grant program for notification and communications systems 
along highways and major transportation routes for recovery of abducted 
children.''.

SEC. 1624. NATURAL GAS, ELECTRIC BATTERY, AND ZERO EMISSION VEHICLES.

  Subsection (s) of section 127 of title 23, United States Code is 
amended to read as follows:
  ``(s) Natural Gas, Electric Battery, and Zero Emission Vehicles.--A 
vehicle, if operated by an engine fueled primarily by natural gas 
powered primarily by means of electric battery power or fueled 
primarily by means of other zero emission fuel technologies, may exceed 
the weight limit on the power unit by up to 2,000 pounds (up to a 
maximum gross vehicle weight of 82,000 pounds) under this section.''.

SEC. 1625. GUIDANCE ON EVACUATION ROUTES.

  (a) In General.--
          (1) Guidance.--The Administrator of the Federal Highway 
        Administration, in coordination with the Administrator of the 
        Federal Emergency Management Agency, and consistent with 
        guidance issued by the Federal Emergency Management Agency 
        pursuant to section 1209 of the Disaster Recovery Reform Act of 
        2018 (Public Law 115-254), shall revise existing guidance or 
        issue new guidance as appropriate for State, local, and Indian 
        Tribal governments regarding the design, construction, 
        maintenance, and repair of evacuation routes.
          (2) Considerations.--In revising or issuing guidance under 
        subsection (a)(1), the Administrator of the Federal Highway 
        Administration shall consider--
                  (A) methods that assist evacuation routes to--
                          (i) withstand likely risks to viability, 
                        including flammability and hydrostatic forces;
                          (ii) improve durability, strength (including 
                        the ability to withstand tensile stresses and 
                        compressive stresses), and sustainability; and
                          (iii) provide for long-term cost savings;
                  (B) the ability of evacuation routes to effectively 
                manage contraflow operations;
                  (C) for evacuation routes on public lands, the 
                viewpoints of the applicable Federal land management 
                agency regarding emergency operations, sustainability, 
                and resource protection; and
                  (D) such other items the Administrator of the Federal 
                Highway Administration considers appropriate.
          (3) Report.--In the case in which the Administrator of the 
        Federal Highway Administration, in consultation with the 
        Administrator of the Federal Emergency Management Agency, 
        concludes existing guidance addresses the considerations in 
        paragraph (2), The Administrator of the Federal Highway 
        Administration shall submit to the Committee on Transportation 
        and Infrastructure of the House of Representatives and the 
        Committee on Environment and Public Works of the Senate a 
        detailed report describing how existing guidance addresses such 
        considerations.
  (b) Study.--The Administrator of the Federal Highway Administration, 
in coordination with the Administrator of the Federal Emergency 
Management Agency and State, local, territorial, and Indian Tribal 
governments, shall--
          (1) conduct a study of the adequacy of available evacuation 
        routes to accommodate the flow of evacuees; and
          (2) submit recommendations to Congress on how to help with 
        anticipated evacuation route flow, based on the study conducted 
        under paragraph (1).

SEC. 1626. PROHIBITING USE OF FEDERAL FUNDS FOR PAYMENTS IN SUPPORT OF 
                    CONGRESSIONAL CAMPAIGNS.

  No amounts may be assessed on funds collected pursuant to section 
9553 of this Act for purposes of making payments in support of a 
campaign for election for the office of Senator or Representative in, 
or Delegate or Resident Commissioner to, Congress.

SEC. 1627. HIGH PRIORITY CORRIDORS ON NATIONAL HIGHWAY SYSTEM.

  Section 1105(c) of the Intermodal Surface Transportation Efficiency 
Act of 1991 is amended by adding at the end the following:
          ``(92) The Louisiana Capital Region High Priority Corridor, 
        which shall generally follow--
                  ``(A) Interstate 10, between its intersections with 
                Interstate 12 and Louisiana Highway 415;
                  ``(B) Louisiana Highway 415, between its 
                intersections with Interstate 10 and United States 
                route 190;
                  ``(C) United States route 190, between its 
                intersections with Louisiana Highway 415 and 
                intersection with Interstate110;
                  ``(D) Interstate 110, between its intersections with 
                United States route 190 and Interstate 10;
                  ``(E) Louisiana Highway 30, near St. Gabriel, LA and 
                its intersection with Interstate 10;
                  ``(F) Louisiana Highway 1, near White Castle, LA and 
                its intersection with Interstate 10; and
                  ``(G) A bridge connecting Louisiana Highway 1 with 
                Louisiana Highway 30, south of the Interstate described 
                in subparagraph (A).''.

SEC. 1628. GUIDANCE ON INUNDATED AND SUBMERGED ROADS.

  Upon issuance of guidance issued pursuant to section 1228 of the 
Disaster Recovery Reform Act of 2018 (Public Law 115-254), the 
Administrator of the Federal Highway Administration, in consultation 
with the Administrator of the Federal Emergency Management Agency, 
shall review such guidance and issue guidance regarding repair, 
restoration, and replacement of inundated and submerged roads damaged 
or destroyed by a major disaster declared pursuant to the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 
et seq.) with respect to roads eligible for assistance under Federal 
Highway Administration programs.

SEC. 1629. AIRPORT INNOVATIVE FINANCING TECHNIQUES.

  (a) In General.--Section 47135 of title 49, United States Code, is 
amended to read as follows:

``Sec. 47135. Innovative financing techniques

  ``(a) In General.--The Secretary of Transportation may approve an 
application by an airport sponsor to use grants received under this 
subchapter for innovative financing techniques related to an airport 
development project. Such projects shall be located at airports that 
are not large hub airports. The Secretary may not approve more than 30 
applications under this section in a fiscal year.
  ``(b) Purposes.--The purpose of grants made under this section shall 
be--
          ``(1) to provide information on using innovative financing 
        techniques for airport development projects;
          ``(2) to lower the total cost of an airport development 
        project; or
          ``(3) to safely expedite the delivery or completion of an 
        airport development project.
  ``(c) Limitations.--
          ``(1) No guarantees.--In no case shall the implementation of 
        an innovative financing technique under this section be used in 
        a manner giving rise to a direct or indirect guarantee of any 
        airport debt instrument by the United States Government.
          ``(2) Types of techniques.--In this section, innovative 
        financing techniques are limited to--
                  ``(A) payment of interest;
                  ``(B) commercial bond insurance and other credit 
                enhancement associated with airport bonds for eligible 
                airport development;
                  ``(C) flexible non-Federal matching requirements;
                  ``(D) use of funds apportioned under section 47114 
                for the payment of principal and interest of terminal 
                development for costs incurred before the date of the 
                enactment of this section; and
                  ``(E) such other techniques that the Secretary 
                approves as consistent with the purposes of this 
                section.''.
  (b) Immediate Applicability.--Section 1001 shall not apply to this 
section and the amendments made by this section.

                    TITLE II--PUBLIC TRANSPORTATION

               Subtitle A--Federal Transit Administration

SEC. 2101. AUTHORIZATIONS.

  (a) In General.--Section 5338 of title 49, United States Code, is 
amended to read as follows:

``Sec. 5338. Authorizations

  ``(a) Grants.--
          ``(1) In general.--There shall be available from the Mass 
        Transit Account of the Highway Trust Fund to carry out sections 
        5305, 5307, 5308, 5310, 5311, 5312, 5314, 5318, 5320, 5328, 
        5335, 5337, 5339, and 5340--
                  ``(A) $16,185,800,000 for fiscal year 2022;
                  ``(B) $16,437,600,000 for fiscal year 2023;
                  ``(C) $16,700,600,000 for fiscal year 2024; and
                  ``(D) $16,963,600,000 for fiscal year 2025.
          ``(2) Allocation of funds.--Of the amounts made available 
        under paragraph (1)--
                  ``(A) $189,879,151 for fiscal year 2022, $192,841,266 
                for fiscal year 2023, $195,926,726 for fiscal year 
                2024, and $199,002,776 for fiscal year 2025, shall be 
                available to carry out section 5305;
                  ``(B) $7,505,830,848 for fiscal year 2022, 
                $7,622,921,809 for fiscal year 2023, $7,744,888,558 for 
                fiscal year 2024, and $7,866,483,309 for fiscal year 
                2025 shall be allocated in accordance with section 5336 
                to provide financial assistance for urbanized areas 
                under section 5307;
                  ``(C) $101,510,000 for fiscal year 2022, $103,093,556 
                for fiscal year 2023, $104,743,053 for fiscal year 
                2024, and $106,387,519 for fiscal year 2025 shall be 
                available for grants under section 5308;
                  ``(D) $434,830,298 for fiscal year 2022, $441,613,651 
                for fiscal year 2023, $448,679,469 for fiscal year 
                2024, and $455,723,737 for fiscal year 2025 shall be 
                available to carry out section 5310, of which not less 
                than--
                          ``(i) $5,075,500 for fiscal year 2022, 
                        $5,154,678 for fiscal year 2023, $5,237,153 for 
                        fiscal year 2024, and $5,319,376 for fiscal 
                        year 2025 shall be available to carry out 
                        section 5310(j); and
                          ``(ii) $20,302,000 for fiscal year 2022, 
                        $20,618,711 for fiscal year 2023, $20,948,611 
                        for fiscal year 2024, and $21,277,504 for 
                        fiscal year 2025 shall be available to carry 
                        out section 5310(k);
                  ``(E) $1,025,199,724 for fiscal year 2022, 
                $1,041,192,839 for fiscal year 2023, $1,057,851,925 for 
                fiscal year 2024, and $1,074,460,200 for fiscal year 
                2025 shall be available to carry out section 5311, of 
                which not less than--
                          ``(i) $55,679,500 for fiscal year 2022, 
                        $56,392,100 for fiscal year 2023, $57,134,374 
                        for fiscal year 2024, and $57,874,383 for 
                        fiscal year 2025 shall be available to carry 
                        out section 5311(c)(1); and
                          ``(ii) $50,755,000 for fiscal year 2022, 
                        $51,546,778 for fiscal year 2023, $52,371,526 
                        for fiscal year 2024, and $53,193,759 for 
                        fiscal year 2025 shall be available to carry 
                        out section 5311(c)(2);
                  ``(F) $33,498,300 for fiscal year 2022, $34,020,873 
                for fiscal year 2023, $34,565,207 for fiscal year 2024, 
                and $35,107,881 for fiscal year 2025 shall be available 
                to carry out section 5312, of which not less than--
                          ``(i) $5,075,500 for fiscal year 2022, 
                        $5,154,678 for fiscal year 2023, $5,237,153 for 
                        fiscal year 2024, and $5,319,376 for fiscal 
                        year 2025 shall be available to carry out each 
                        of sections 5312(d)(3), 5312(d)(4) and 5312(j);
                          ``(ii) $3,045,300 for fiscal year 2022, 
                        $3,092,807 for fiscal year 2023, $3,142,292 for 
                        fiscal year 2024, and $3,191,626 for fiscal 
                        year 2025 shall be available to carry out 
                        section 5312(h); and
                          ``(iii) $10,151,000 for fiscal year 2022, 
                        $10,309,356 for fiscal year 2023, $10,474,305 
                        for fiscal year 2024, and $10,638,752 for 
                        fiscal year 2025 shall be available to carry 
                        out section 5312(i);
                  ``(G) $23,347,300 for fiscal year 2022, $23,711,518 
                for fiscal year 2023, $24,090,902 for fiscal year 2024, 
                and $24,469,129 for fiscal year 2025 shall be available 
                to carry out section 5314, of which not less than--
                          ``(i) $4,060,400 for fiscal year 2022, 
                        $4,123,742 for fiscal year 2023, $4,189,722 for 
                        fiscal year 2024, and $4,255,501 for fiscal 
                        year 2025 shall be available to carry out 
                        section of 5314(a);
                          ``(ii) $5,075,500 for fiscal year 2022, 
                        $5,154,678 for fiscal year 2023, $5,237,153 for 
                        fiscal year 2024, and $5,319,376 for fiscal 
                        year 2025 shall be available to carry out 
                        section 5314(c); and
                          ``(iii) $12,181,200 for fiscal year 2022, 
                        $12,371,227 for fiscal year 2023, $12,569,166 
                        for fiscal year 2024, and $12,766,502 for 
                        fiscal year 2025 shall be available to carry 
                        out section 5314(b)(2);
                  ``(H) $5,075,500 for fiscal year 2022, $5,154,678 for 
                fiscal year 2023, $5,237,153 for fiscal year 2024, and 
                $5,319,376 for fiscal year 2025 shall be available to 
                carry out section 5318;
                  ``(I) $30,453,000 for fiscal year 2022, $30,928,067 
                for fiscal year 2023, $31,422,916 for fiscal year 2024, 
                and $31,916,256 for fiscal year 2025 shall be available 
                to carry out section 5328, of which not less than--
                          ``(i) $25,377,500 for fiscal year 2022, 
                        $25,773,389 for fiscal year 2023, $26,185,763 
                        for fiscal year 2024, and $26,596,880 for 
                        fiscal year 2025 shall be available to carry 
                        out section of 5328(b); and
                          ``(ii) $2,537,750 for fiscal year 2022, 
                        $2,577,339 for fiscal year 2023, $2,618,576 for 
                        fiscal year 2024, and $2,659,688 for fiscal 
                        year 2025 shall be available to carry out 
                        section 5328(c);
                  ``(J) $4,060,400 for fiscal year 2022, $4,123,742 for 
                fiscal year 2023, $4,189,722 for fiscal year 2024, and 
                $4,255,501 for fiscal year 2025 shall be available to 
                carry out section 5335;
                  ``(K) $4,192,573,361 for fiscal year 2022, 
                $4,266,448,314 for fiscal year 2023, $4,344,093,870 for 
                fiscal year 2024, and $4,422,314,724 for fiscal year 
                2025 shall be available to carry out section 5337;
                  ``(L) to carry out the bus formula program under 
                section 5339(a)--
                          ``(i) $1,240,328,213 for fiscal year 2022, 
                        $1,259,667,334 for fiscal year 2023, 
                        $1,279,832,171 for fiscal year 2024, and 
                        $1,299,925,536 for fiscal year 2025; except 
                        that
                          ``(ii) 15 percent of the amounts under clause 
                        (i) shall be available to carry out 5339(d);
                  ``(M) $437,080,000 for fiscal year 2022, $424,748,448 
                for fiscal year 2023, $387,944,423 for fiscal year 
                2024, and $351,100,151 for fiscal year 2025 shall be 
                available to carry out section 5339(b);
                  ``(N) $375,000,000 for fiscal year 2022, $400,000,000 
                for fiscal year 2023, $450,000,000 for fiscal year 
                2024, and $500,000,000 for fiscal year 2025 shall be 
                available to carry out section 5339(c); and
                  ``(O) $587,133,905 for each of fiscal years 2022 
                through 2025 shall be available to carry out section 
                5340 to provide financial assistance for urbanized 
                areas under section 5307 and rural areas under section 
                5311, of which--
                          ``(i) $309,688,908 for each of fiscal years 
                        2022 through 2025 shall be for growing States 
                        under section 5340(c); and
                          ``(ii) $277,444,997 for each of fiscal years 
                        2022 through 2025 shall be for high density 
                        States under section 5340(d).
  ``(b) Capital Investment Grants.--There are authorized to be 
appropriated to carry out section 5309 $3,500,000,000 for fiscal year 
2022, $4,250,000,000 for fiscal year 2023, $5,000,000,000 for fiscal 
year 2024, and 5,500,000,000 for fiscal year 2025.
  ``(c) Administration.--
          ``(1) In general.--There are authorized to be appropriated to 
        carry out section 5334, $142,060,785 for fiscal year 2022, 
        $144,191,696 for fiscal year 2023, $146,412,248 for fiscal year 
        2024, and 148,652,356 for fiscal year 2025.
          ``(2) Section 5329.--Of the amounts authorized to be 
        appropriated under paragraph (1), not less than $6,000,000 for 
        each of fiscal years 2022 through 2025 shall be available to 
        carry out section 5329.
          ``(3) Section 5326.--Of the amounts made available under 
        paragraph (2), not less than $2,500,000 for each of fiscal 
        years 2022 through 2025 shall be available to carry out section 
        5326.
  ``(d) Oversight.--
          ``(1) In general.--Of the amounts made available to carry out 
        this chapter for a fiscal year, the Secretary may use not more 
        than the following amounts for the activities described in 
        paragraph (2):
                  ``(A) 0.5 percent of amounts made available to carry 
                out section 5305.
                  ``(B) 0.75 percent of amounts made available to carry 
                out section 5307.
                  ``(C) 1 percent of amounts made available to carry 
                out section 5309.
                  ``(D) 1 percent of amounts made available to carry 
                out section 601 of the Passenger Rail Investment and 
                Improvement Act of 2008 (Public Law 110-432; 126 Stat. 
                4968).
                  ``(E) 0.5 percent of amounts made available to carry 
                out section 5310.
                  ``(F) 0.5 percent of amounts made available to carry 
                out section 5311.
                  ``(G) 1 percent of amounts made available to carry 
                out section 5337, of which not less than 25 percent of 
                such amounts shall be available to carry out section 
                5329 and of which not less than 10 percent of such 
                amounts shall be made available to carry out section 
                5320.
                  ``(H) 1 percent of amounts made available to carry 
                out section 5339 of which not less than 10 percent of 
                such amounts shall be made available to carry out 
                section 5320.
                  ``(I) 1 percent of amounts made available to carry 
                out section 5308.
          ``(2) Activities.--The activities described in this paragraph 
        are as follows:
                  ``(A) Activities to oversee the construction of a 
                major capital project.
                  ``(B) Activities to review and audit the safety and 
                security, procurement, management, and financial 
                compliance of a recipient or subrecipient of funds 
                under this chapter.
                  ``(C) Activities to provide technical assistance 
                generally, and to provide technical assistance to 
                correct deficiencies identified in compliance reviews 
                and audits carried out under this section.
          ``(3) Government share of costs.--The Government shall pay 
        the entire cost of carrying out a contract under this 
        subsection/activities described in paragraph (2).
          ``(4) Availability of certain funds.--Funds made available 
        under paragraph (1)(C) shall be made available to the Secretary 
        before allocating the funds appropriated to carry out any 
        project under a full funding grant agreement.
  ``(e) Grants as Contractual Obligations.--
          ``(1) Grants financed from highway trust fund.--A grant or 
        contract that is approved by the Secretary and financed with 
        amounts made available from the Mass Transit Account of the 
        Highway Trust Fund pursuant to this section is a contractual 
        obligation of the Government to pay the Government share of the 
        cost of the project.
          ``(2) Grants financed from general fund.--A grant or contract 
        that is approved by the Secretary and financed with amounts 
        appropriated in advance from the general fund of the Treasury 
        pursuant to this section is a contractual obligation of the 
        Government to pay the Government share of the cost of the 
        project only to the extent that amounts are appropriated for 
        such purpose by an Act of Congress.
  ``(f) Availability of Amounts.--Amounts made available by or 
appropriated under this section shall remain available until 
expended.''.
  (b) Conforming Amendments.--
          (1) Section 5311 of title 49, United States Code, is amended 
        by striking ``5338(a)(2)(F)'' and inserting ``5338(a)(2)(E)''.
          (2) Section 5312(i)(1) of title 49, United States Code, is 
        amended by striking ``5338(a)(2)(G)(ii)'' and inserting 
        ``5338(a)(2)(F)(iii)''.
          (3) Section 5333(b) of title 49, United States Code, is 
        amended by striking ``5328, 5337, and 5338(b)'' each place it 
        appears and inserting ``and 5337''.
          (4) Section 5336 of title 49, United States Code, is 
        amended--
                  (A) in subsection (d)(1) by striking 
                ``5338(a)(2)(C)'' and inserting ``5338(a)(2)(B)''; and
                  (B) in subsection (h) by striking ``5338(a)(2)(C)'' 
                and inserting ``5338(a)(2)(B)''.
          (5) Subsections (c) and (d)(1) of section 5327 of title 49, 
        United States Code, are amended by striking ``5338(f)'' and 
        inserting ``5338(d)''.
          (6) Section 5340(b) of title 49, United States Code, is 
        amended by striking ``5338(b)(2)(N)'' and inserting 
        ``5338(a)(2)(O)''.

SEC. 2102. CHAPTER 53 DEFINITIONS.

  Section 5302 of title 49, United States Code, is amended--
          (1) in paragraph (1)(E)--
                  (A) by striking ``and the installation'' and 
                inserting ``, the installation''; and
                  (B) by inserting ``, and bikeshare projects'' after 
                ``public transportation vehicles'';
          (2) in paragraph (3)--
                  (A) in subparagraph (G) by striking clause (iii) and 
                inserting the following:
                          ``(iii) provides a fair share of revenue 
                        established by the Secretary that will be used 
                        for public transportation, except for a joint 
                        development that is a community service (as 
                        defined by the Federal Transit Administration), 
                        publicly operated facility, or offers a minimum 
                        of 50 percent of units as affordable housing, 
                        meaning legally binding affordability 
                        restricted housing units available to tenants 
                        with incomes below 60 percent of the area 
                        median income or owners with incomes below the 
                        area median;''; and
                  (B) in subparagraph (N)--
                          (i) by striking ``no emission'' and inserting 
                        ``zero emission''; and
                          (ii) by striking ``(as defined in section 
                        5339(c))''; and
          (3) by adding at the end the following:
          ``(25) Resilience.--
                  ``(A) In general.--The term `resilience' means, with 
                respect to a facility, the ability to--
                          ``(i) anticipate, prepare for, or adapt to 
                        conditions; or
                          ``(ii) withstand, respond to, or recover 
                        rapidly from disruptions.
                  ``(B) Inclusions.--Such term includes, with respect 
                to a facility, the ability to--
                          ``(i) resist hazards or withstand impacts 
                        from disruptions;
                          ``(ii) reduce the magnitude, duration, or 
                        impact of a disruption; or
                          ``(iii) have the absorptive capacity, 
                        adaptive capacity, and recoverability to 
                        decrease vulnerability to a disruption.
          ``(26) Assault on a transit worker.--The term `assault on a 
        transit worker' means any circumstance in which an individual 
        knowingly, without lawful authority or permission, and with 
        intent to endanger the safety of any individual, or with a 
        reckless disregard for the safety of human life, interferes 
        with, disables, or incapacitates any transit worker while the 
        transit worker is performing his or her duties.''.

SEC. 2103. GENERAL PROVISIONS.

  Section 5323 of title 49, United States Code, is amended--
          (1) in subsection (d)--
                  (A) in paragraph (1) by striking ``urban area'' and 
                inserting ``urbanized area'';
                  (B) by adding at the end the following:
          ``(3) Exceptions.--This subsection shall not apply to 
        financial assistance under this chapter--
                  ``(A) in which the non-Federal share of project costs 
                are provided from amounts received under a service 
                agreement with a State or local social service agency 
                or private social service organization pursuant to 
                section 5307(d)(3)(E) or section 5311(g)(3)(C);
                  ``(B) provided to a recipient or subrecipient whose 
                sole receipt of such assistance derives from section 
                5310; or
                  ``(C) provided to a recipient operating a fixed route 
                service that is--
                          ``(i) for a period of less than 30 days;
                          ``(ii) accessible to the public;
                          ``(iii) contracted by a local government 
                        entity that provides local cost share to the 
                        recipient; and
                          ``(iv) not contracted for the purposes of a 
                        convention or on behalf of a convention and 
                        visitors bureau.
          ``(4) Guidelines.--The Secretary shall publish guidelines for 
        grant recipients and private bus operators that clarify when 
        and how a transit agency may step back and provide the service 
        in the event a registered charter provider does not contact the 
        customer, provide a quote, or provide the service.'';
          (2) in subsection (h)--
                  (A) in paragraph (1) by adding ``or'' at the end; and
                  (B) by striking paragraph (2) and redesignating 
                paragraph (3) as paragraph (2);
          (3) by striking subsection (j) and inserting the following:
  ``(j) Reporting Accessibility Complaints.--
          ``(1) In general.--The Secretary shall ensure that an 
        individual who believes that he or she, or a specific class in 
        which the individual belongs, has been subjected to 
        discrimination on the basis of disability by a State or local 
        governmental entity, private nonprofit organization, or Tribe 
        that operates a public transportation service and is a 
        recipient or subrecipient of funds under this chapter, may, by 
        the individual or by an authorized representative, file a 
        complaint with the Department of Transportation.
          ``(2) Procedures.--Not later than 1 year after the date of 
        enactment of the INVEST in America Act, the Secretary shall 
        implement procedures that allow an individual to submit a 
        complaint described in paragraph (1) by phone, mail-in form, 
        and online through the website of the Office of Civil Rights of 
        the Federal Transit Administration.
          ``(3) Notice to individuals with disabilities.--Not later 
        than 12 months after the date of enactment of the INVEST in 
        America Act, the Secretary shall require that each public 
        transit provider and contractor providing paratransit services 
        shall include on a publicly available website of the service 
        provider, any related mobile device application, and online 
        service--
                  ``(A) notice that an individual can file a 
                disability-related complaint with the local transit 
                agency and the process and any timelines for filing 
                such a complaint;
                  ``(B) the telephone number, or a comparable 
                electronic means of communication, for the disability 
                assistance hotline of the Office of Civil Rights of the 
                Federal Transit Administration;
                  ``(C) notice that a consumer can file a disability 
                related complaint with the Office of Civil Rights of 
                the Federal Transit Administration; and
                  ``(D) an active link to the website of the Office of 
                Civil Rights of the Federal Transit Administration for 
                an individual to file a disability-related complaint.
          ``(4) Investigation of complaints.--Not later than 60 days 
        after the last day of each fiscal year, the Secretary shall 
        publish a report that lists the disposition of complaints 
        described in paragraph (1), including--
                  ``(A) the number and type of complaints filed with 
                Department of Transportation;
                  ``(B) the number of complaints investigated by the 
                Department;
                  ``(C) the result of the complaints that were 
                investigated by the Department including whether the 
                complaint was resolved--
                          ``(i) informally;
                          ``(ii) by issuing a violation through a 
                        noncompliance Letter of Findings; or
                          ``(iii) by other means, which shall be 
                        described; and
                  ``(D) if a violation was issued for a complaint, 
                whether the Department resolved the noncompliance by--
                          ``(i) reaching a voluntary compliance 
                        agreement with the entity;
                          ``(ii) referring the matter to the Attorney 
                        General; or
                          ``(iii) by other means, which shall be 
                        described.
          ``(5) Report.--The Secretary shall, upon implementation of 
        this section and annually thereafter, submit to the Committee 
        on Transportation and Infrastructure of the House of 
        Representatives, the Committee on Banking, Housing, and Urban 
        Affairs of the Senate, and make publicly available a report 
        containing the information collected under this section.'';
          (4) by striking subsection (m) and inserting the following:
  ``(m) Preaward and Postdelivery Review of Rolling Stock Purchases.--
The Secretary shall prescribe regulations requiring a preaward and 
postdelivery review of a grant under this chapter to buy rolling stock 
to ensure compliance with bid specifications requirements of grant 
recipients under this chapter. Under this subsection, grantee 
inspections and review are required, and a manufacturer certification 
is not sufficient.''; and
          (5) in subsection (r)--
                  (A) by inserting ``or beneficial'' after 
                ``detrimental'';
                  (B) by striking the period at the end and inserting 
                ``; and'';
                  (C) by striking ``under this chapter may not deny'' 
                and inserting the following: ``under this chapter--
          ``(1) may not deny''; and
                  (D) by adding at the end the following:
          ``(2) shall respond to any request for reasonable access 
        within 75 days of the receipt of the request.''.

SEC. 2104. MISCELLANEOUS PROVISIONS.

  (a) State of Good Repair Grants.--Section 5337(e) of title 49, United 
States Code, is amended by adding at the end the following:
          ``(3) Accessibility costs.--Notwithstanding paragraph (1), 
        the Federal share of the net project cost of a project to 
        provide accessibility in compliance with the Americans with 
        Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) shall be 90 
        percent.''.
  (b) Apportionments Based on Growing States and High Density States 
Formula Factors.--Section 5340(a) of title 49, United States Code, is 
amended by inserting ``and the District of Columbia'' after ``United 
States''.
  (c) Technical Assistance and Workforce Development.--Section 5314 of 
title 49, United States Code, is amended--
          (1) in subsection (a)(1)(B)--
                  (A) in clause (i) by striking ``; and'' and inserting 
                a semicolon;
                  (B) in clause (ii) by striking the period and 
                inserting ``; and''; and
                  (C) by adding at the end the following:
                          ``(iii) technical assistance to assist 
                        recipients with the impacts of a new census 
                        count.''; and
          (2) in subsection (c)(4)(A) by inserting ``, 5311'' after 
        ``5307''.
  (d) National Transit Database.--Section 5335 of title 49, United 
States Code, is amended--
          (1) in subsection (a) by inserting ``, including information 
        on transit routes and ridership on those routes'' after 
        ``public sector investment decision''; and
          (2) in subsection (c) by inserting ``, any data on each 
        assault on a transit worker, and pedestrian injuries and 
        fatalities as a result of an impact with a bus. Each of the 
        data sets shall be publicly reported without aggregating the 
        data with other safety data'' after ``by the recipient''.
  (e) Urbanized Area Formula Grants.--Section 5307 of title 49, United 
States Code, is amended--
          (1) in subsection (a)(2)(A)--
                  (A) in clause (i) by striking ``or'' at the end; and
                  (B) by adding at the end the following:
                          ``(iii) operate a minimum of 101 buses and a 
                        maximum of 125 buses in fixed route service or 
                        demand response service, excluding ADA 
                        complementary paratransit service, during peak 
                        service hours, in an amount not to exceed 25 
                        percent of the share of the apportionment which 
                        is attributable to such systems within the 
                        urbanized area, as measured by vehicle revenue 
                        hours; or'';
          (2) in subsection (a)(2)(B)--
                  (A) in clause (i) by striking ``or'' at the end;
                  (B) in clause (ii) by striking the period at the end 
                and inserting ``; or''; and
                  (C) by adding at the end the following:
                          ``(iii) operate a minimum of 101 buses and a 
                        maximum of 125 buses in fixed route service or 
                        demand response service, excluding ADA 
                        complementary paratransit service, during peak 
                        service hours, in an amount not to exceed 25 
                        percent of the share of the apportionment 
                        allocated to such systems within the urbanized 
                        area, as determined by the local planning 
                        process and included in the designated 
                        recipient's final program of projects prepared 
                        under subsection (b).''; and
          (3) in subsection (b)--
                  (A) in paragraph (6) by striking ``and'' at the end;
                  (B) by redesignating paragraph (7) as paragraph (8); 
                and
                  (C) by inserting after paragraph (6) the following:
          ``(7) ensure that the proposed program of projects provides 
        improved access to transit for the individuals described in 
        section 5336(j); and''.
  (f) Technical Correction.--Section 5307(a)(2)(B)(ii) of title 49, 
United States Code, is amended by striking ``service during peak'' and 
inserting ``service, during peak''.
  (g) Imposition of Deadline.--Section 5324 of title 49, United States 
Code, is amended by adding at the end the following:
  ``(f) Imposition of Deadline.--
          ``(1) In general.--Notwithstanding any other provision of 
        law, the Secretary may not require any project funded under 
        this section to advance to the construction obligation stage 
        before the date that is the last day of the sixth fiscal year 
        after the later of--
                  ``(A) the date on which the Governor declared the 
                emergency, as described in subsection (d)(1)(A); or
                  ``(B) the date on which the President declared the 
                emergency to be a major disaster, as described in such 
                subsection.
          ``(2) Extension of deadline.--If the Secretary imposes a 
        deadline for advancement to the construction obligation stage 
        pursuant to paragraph (1), the Secretary may, upon the request 
        of the Governor of the State, issue an extension of not more 
        than 1 year to complete such advancement, and may issue 
        additional extensions after the expiration of any extension, if 
        the Secretary determines the Governor of the State has provided 
        suitable justification to warrant such an extension.''.
  (h) Transportation Development Credits as Local Match.--
          (1) Section 5307.--Section 5307(d)(3) of title 49, United 
        States Code, is amended--
                  (A) in subparagraph (D) by striking ``; and'' and 
                inserting a semicolon;
                  (B) in subparagraph (E) by striking the period and 
                inserting ``; and''; and
                  (C) by adding at the end the following:
                  ``(F) transportation development credits.''.
          (2) Section 5309.--Section 5309 of title 49, United States 
        Code, is amended--
                  (A) in subsection (f) by adding at the end the 
                following:
          ``(3) Transportation development credits.--For purposes of 
        assessments and determinations under this subsection or 
        subsection (h), transportation development credits that are 
        included as a source of local financing or match shall be 
        treated the same as other sources of local financing.''; and
                  (B) in subsection (l)(4)--
                          (i) in subparagraph (B) by striking ``; or'' 
                        and inserting a semicolon;
                          (ii) in subparagraph (C) by striking the 
                        period and inserting ``; or''; and
                          (iii) by adding at the end the following:
                  ``(D) transportation development credits.''.
          (3) Section 5339.--Section 5339(a)(7)(B) of title 49, United 
        States Code, is amended--
                  (A) in clause (iv) by striking ``; or'' and inserting 
                a semicolon;
                  (B) in clause (v) by striking the period and 
                inserting ``; or''; and
                  (C) by adding at the end the following:
                          ``(vi) transportation development credits.''.

SEC. 2105. POLICIES AND PURPOSES.

  Section 5301(b) of title 49, United States Code, is amended--
          (1) in paragraph (7) by striking ``; and'' and inserting a 
        semicolon;
          (2) in paragraph (8) by striking the period and inserting a 
        semicolon; and
          (3) by adding at the end the following:
          ``(9) reduce the contributions of the surface transportation 
        system to the total carbon pollution of the United States; and
          ``(10) improve the resiliency of the public transportation 
        network to withstand weather events and other natural 
        disasters.''.

SEC. 2106. FISCAL YEAR 2022 FORMULAS.

  For fiscal year 2022, the Secretary shall apportion and distribute 
formula funds provided for under chapter 53 of title 49, United States 
Code, using data submitted to the 2019 National Transit Database.

SEC. 2107. METROPOLITAN TRANSPORTATION PLANNING.

  Section 5303 of title 49, United States Code, is amended--
          (1) by amending subsection (a)(1) to read as follows:
          ``(1) to encourage and promote the safe and efficient 
        management, operation, and development of surface 
        transportation systems that will serve the mobility needs of 
        people and freight, foster economic growth and development 
        within and between States and urbanized areas, and take into 
        consideration resiliency and climate change adaptation needs 
        while reducing transportation-related fuel consumption, air 
        pollution, and greenhouse gas emissions through metropolitan 
        and statewide transportation planning processes identified in 
        this chapter; and''.
          (2) in subsection (b)--
                  (A) by redesignating paragraphs (6) and (7) as 
                paragraphs (7) and (8), respectively; and
                  (B) by inserting after paragraph (5) the following:
          ``(6) STIP.--The term `STIP' means a statewide transportation 
        improvement program developed by a State under section 
        135(g).'';
          (3) in subsection (c)--
                  (A) in paragraph (1) by striking ``and transportation 
                improvement programs'' and inserting ``and TIPs''; and
                  (B) by adding at the end the following:
          ``(4) Consideration.--In developing the plans and TIPs, 
        metropolitan planning organizations shall consider direct and 
        indirect emissions of greenhouse gases.'';
          (4) in subsection (d)--
                  (A) in paragraph (2) by striking ``Not later than 2 
                years after the date of enactment of the Federal Public 
                Transportation Act of 2012, each'' and inserting 
                ``Each'';
                  (B) in paragraph (3) by adding at the end the 
                following:
                  ``(D) 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 travel 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 (H) by striking ``and'' at the 
                end;
                  (C) in subparagraph (I) by striking the period at the 
                end and inserting ``and reduce or mitigate stormwater, 
                sea level rise, extreme weather, and climate change 
                impacts of surface transportation;''; and
                  (D) by inserting after subparagraph (I) the 
                following:
                  ``(J) facilitate emergency management, response, and 
                evacuation and hazard mitigation;
                  ``(K) improve the level of transportation system 
                access; and
                  ``(L) support inclusive zoning policies and land use 
                planning practices that incentivize affordable, 
                elastic, and diverse housing supply, facilitate long-
                term economic growth by improving the accessibility of 
                housing to jobs, and prevent high housing costs from 
                displacing economically disadvantaged households.'';
          (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 (1) by striking ``(i) In general'' 
                and all that follows through ``every 5 years'' and 
                inserting ``The metropolitan planning organization 
                shall prepare and update such plan every 4 years'';
                  (B) in paragraph (2)(D)(i) by inserting ``reduce 
                greenhouse gas emissions and'' before ``restore and 
                maintain'';
                  (C) in paragraph (2)(G) by inserting ``and climate 
                change'' after ``infrastructure to natural disasters'';
                  (D) in paragraph (2)(H) by inserting ``greenhouse gas 
                emissions,'' after ``pollution,'';
                  (E) 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
                  (F) 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 World 
                                Wide Web, 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)--
                  (A) by striking ``transportation improvement 
                program'' and inserting ``TIP'' each place it appears; 
                and
                  (B) in paragraph (2)(D)--
                          (i) by striking ``Performance target 
                        achievement'' and inserting ``Performance 
                        management'';
                          (ii) by striking ``The TIP'' and inserting 
                        the following:
                          ``(i) In general.--The TIP''; and
                          (iii) 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) of title 
                                23.'';
          (10) in subsection (k)--
                  (A) in paragraph (3)(A)--
                          (i) by striking ``shall address congestion 
                        management'' and inserting the following: 
                        ``shall address--
                          ``(i) congestion management'';
                          (ii) by striking the period at the end and 
                        inserting ``; and''; and
                          (iii) by adding at the end the following:
                          ``(ii) the overall level of transportation 
                        system access for various modes of travel 
                        within the metropolitan planning area, 
                        including the level of access for economically 
                        disadvantaged communities, consistent with 
                        section 150(f) of title 23, that is based on a 
                        cooperatively developed and implemented 
                        metropolitan-wide strategy, assessing both new 
                        and existing transportation facilities eligible 
                        for funding under this chapter and title 23.''; 
                        and
                  (B) in paragraph (5)(B)--
                          (i) in clause (i) by striking ``; and'' and 
                        inserting a semicolon;
                          (ii) in clause (ii) by striking the period 
                        and inserting ``; and''; and
                          (iii) by adding at the end the following:
                          ``(iii) the TIP approved under clause (ii) 
                        improves the level of transportation system 
                        access, consistent with section 150(f) of title 
                        23.'';
          (11) in subsection (l)(2)--
                  (A) by striking ``5 years after the date of enactment 
                of the Federal Public Transportation Act of 2012'' and 
                inserting ``2 years after the date of enactment of the 
                INVEST in America Act, and every 2 years thereafter,'';
                  (B) in subparagraph (C) by striking ``and whether 
                metropolitan planning organizations are developing 
                meaningful performance targets; and'' and inserting a 
                semicolon; and
                  (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) of title 
                23); and
                  ``(E) the progress of implementing the measure 
                established under section 150(f) of title 23 and 
                related requirements under this section and section 135 
                of title 23.''; and
          (12) by striking ``Federally'' each place it appears and 
        inserting ``federally''.

SEC. 2108. STATEWIDE AND NONMETROPOLITAN TRANSPORTATION PLANNING.

  Section 5304 of title 49, 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 (H) by striking ``and'';
                          (iii) in subparagraph (I) by striking the 
                        period at the end and inserting ``and reduce or 
                        mitigate stormwater, sea level rise, extreme 
                        weather, and climate change impacts of surface 
                        transportation;''; and
                          (iv) by adding at the end the following:
                  ``(J) facilitate emergency management, response, and 
                evacuation and hazard mitigation;
                  ``(K) improve the level of transportation system 
                access; and
                  ``(L) support inclusive zoning policies and land use 
                planning practices that incentivize affordable, 
                elastic, and diverse housing supply, facilitate long-
                term economic growth by improving the accessibility of 
                housing to jobs, and prevent high housing costs from 
                displacing economically disadvantaged households.'';
                  (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 ``including 
                consideration of the role that intercity buses may play 
                in reducing congestion, pollution, greenhouse gas 
                emissions, and energy consumption in a cost-effective 
                manner and strategies and investments that preserve and 
                enhance intercity bus systems, including systems that 
                are privately owned and operated'' after 
                ``transportation system'';
          (5) in subsection (g)--
                  (A) in paragraph (1)(A) by striking ``statewide 
                transportation improvement program'' and inserting 
                ``STIP'';
                  (B) in paragraph (4)--
                          (i) by striking ``Performance target 
                        achievement'' and inserting ``Performance 
                        management'';
                          (ii) by striking ``shall include, to the 
                        maximum extent practicable, a discussion'' and 
                        inserting the following: ``shall include
                  ``(A) a discussion'';
                          (iii) by striking the period at the end and 
                        inserting ``; and'';
                          (iv) by striking ``statewide transportation 
                        improvement program'' and inserting ``STIP'' 
                        each place it appears; and
                          (v) 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) of title 23.'';
                  (C) 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'';
                  (D) 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 title 23''; and
                          (ii) in subparagraph (B)--
                                  (I) by striking ``or under the bridge 
                                program or the Interstate maintenance 
                                program'';
                                  (II) by striking ``statewide 
                                transportation improvement program'' 
                                and inserting ``STIP'';
                  (E) 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'';
                  (F) in paragraph (8) by striking ``statewide 
                transportation plans and programs'' and inserting 
                ``statewide transportation plans and STIPs''; and
                  (G) 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 Federal Public 
        Transportation Act of 2012,'' and inserting ``Not less 
        frequently than once every 4 years,'';
          (7) in subsection (j) by striking ``transportation 
        improvement program'' and inserting ``STIP'' each place it 
        appears;
          (8) in subsection (l) by striking ``transportation 
        improvement programs'' and inserting ``STIPs''.

SEC. 2109. OBLIGATION LIMITATION.

  Notwithstanding any other provision of law, the total of all 
obligations from amounts made available from the Mass Transit Account 
of the Highway Trust Fund by subsection (a) of section 5338 of title 
49, United States Code, shall not exceed--
          (1) $16,185,800,000 in fiscal year 2022;
          (2) $16,437,600,000 in fiscal year 2023;
          (3) $16,700,600,000 in fiscal year 2024; and
          (4) $16,963,600,000 in fiscal year 2025.

SEC. 2110. PUBLIC TRANSPORTATION EMERGENCY RELIEF FUNDS.

  Section 5324 of title 49, United States Code, is further amended by 
adding at the end the following:
  ``(g) Imposition of Deadline.--
          ``(1) In general.--Notwithstanding any other provision of 
        law, the Secretary may not require any project funded pursuant 
        to this section to advance to the construction obligation stage 
        before the date that is the last day of the sixth fiscal year 
        after the later of--
                  ``(A) the date on which the Governor declared the 
                emergency, as described in subsection (a)(2); or
                  ``(B) the date on which the President declared a 
                major disaster, as described in such subsection.
          ``(2) Extension of deadline.--If the Secretary imposes a 
        deadline for advancement to the construction obligation stage 
        pursuant to paragraph (1), the Secretary may, upon the request 
        of the Governor of the State, issue an extension of not more 
        than 1 year to complete such advancement, and may issue 
        additional extensions after the expiration of any extension, if 
        the Secretary determines the Governor of the State has provided 
        suitable justification to warrant an extension.''.

SEC. 2111. GENERAL PROVISIONS.

  (a) Reasonable Access to Public Transportation Facilities.--Section 
5323(r) of title 49, United States Code, is amended to read as follows:
  ``(r) Reasonable Access to Public Transportation Facilities.--
          ``(1) In general.--A recipient of assistance under this 
        chapter may not deny reasonable access for a private or charter 
        transportation operator to federally funded public 
        transportation facilities, including intermodal facilities, 
        park and ride lots, and bus-only highway lanes. In determining 
        reasonable access, capacity requirements of the recipient of 
        assistance and the extent to which access would be detrimental 
        or beneficial to existing public transportation services must 
        be considered. A recipient shall respond to any request for 
        reasonable access within 90 days of the receipt of the request.
          ``(2) Response to request.--
                  ``(A) In general.--If a recipient of assistance under 
                this chapter fails to respond to a request within the 
                90-day period described in paragraph (1), the operator 
                may seek assistance from the Secretary to obtain a 
                response.
                  ``(B) Denial of access.--If a recipient of assistance 
                under this chapter denies access to a private intercity 
                or charter transportation operator based on the 
                reasonable access standards provided in paragraph (1), 
                the recipient shall provide, in writing, the reasons 
                for the denial.''.
  (b) Waivers and Deferrals; Administrative Option.--Section 5323 of 
title 49, United States Code, is amended by striking subsection (t) and 
inserting the following:
  ``(t) Waivers and Deferrals; Administrative Option.--
          ``(1) In general.--Notwithstanding any other provision of 
        law, the Secretary shall have the authority to waive, exempt, 
        defer, or establish a simplified level of compliance for 
        recipients of assistance under this chapter that operate 10 or 
        fewer vehicles in service, or that receive financial assistance 
        under both sections 5307 and 5311 of this chapter.
          ``(2) Guidance required.--Not later than 180 days of 
        enactment of the INVEST in America Act, the Secretary shall 
        publish guidance for recipients of assistance under this 
        chapter that operate 10 or fewer buses in service or that 
        receive financial assistance under both of sections 5307 and 
        5311 concerning--
                  ``(A) which specific requirements may be considered 
                for waivers, exemptions, deferrals, or simplified 
                levels of compliance by recipients of assistance 
                described in paragraph (1);
                  ``(B) the process by which recipients of assistance 
                described in paragraph (1) may request such waivers, 
                exemptions, deferrals, or simplified levels of 
                compliance;
                  ``(C) the criteria by which the Secretary shall 
                evaluate and act upon such requests;
                  ``(D) the terms and conditions the Secretary shall 
                attach to any waiver, exemption, deferral or simplified 
                level of compliance that is awarded under paragraph 
                (1);
                  ``(E) actions the Secretary may take if a recipient 
                fails to comply the terms and conditions attached to a 
                waiver, exemption, deferral, or simplified level of 
                compliance that has been awarded under paragraph (1); 
                and
                  ``(F) the circumstances under which the Secretary may 
                use this paragraph to award a waiver, exemption, 
                deferral or simplified level of compliance to a 
                recipient of assistance under this chapter and 
                described in this paragraph.
          ``(3) Maintain safety.--The Secretary shall not to take any 
        action under this subsection that would degrade safety to lives 
        or property.
          ``(4) Report.--The Secretary shall submit to the Committee of 
        Banking, Housing, and Urban Affairs of the Senate and the 
        Committee of Transportation and Infrastructure of the House of 
        Representatives an annual report detailing the requests and 
        actions that have been taken under this subsection in the 
        preceding 12 months.''.
  (c) Threshold for the Sale of Transit Vehicles After Service Life.--
Section 5323 of title 49, United States Code, is amended by adding at 
the end the following:
  ``(w) Threshold for the Sale of Transit Vehicles After Service 
Life.--Notwithstanding any other provision of law or regulation, for 
programs under this chapter the threshold amount for transit vehicles 
after the service life is reached shall be 20 percent of the original 
acquisition cost of the purchased equipment. For transit vehicles sold 
for an amount above such amount, the threshold amount shall be retained 
by the transit agency upon sale of the asset for use by the transit 
agency for the purpose or operating or capital expenditures, and the 
remainder shall be remitted to the Secretary and shall be deposited 
into the Mass Transit Account of the Highway Trust Fund. If such a 
vehicle is sold for an amount below or equal to the threshold amount, 
the transit agency shall retain all funds from the sale.''.

SEC. 2112. CERTIFICATION REQUIREMENTS.

  The certification requirements described in section 661.12 of title 
49, Code of Federal Regulations, shall, after the date of enactment of 
this Act, include a certification that buses or other rolling stock 
(including train control, communication and traction power equipment) 
being procured do not contain or use any covered telecommunications 
equipment or services, as such term is defined by section 889 of the 
John S. McCain National Defense Authorization Act for Fiscal Year 2019 
(Public Law 115-232);

             Subtitle B--Improving Frequency and Ridership

SEC. 2201. MULTI-JURISDICTIONAL BUS FREQUENCY AND RIDERSHIP COMPETITIVE 
                    GRANTS.

  (a) In General.--Chapter 53 of title 49, United States Code, is 
amended by inserting after section 5307 the following new section:

``Sec. 5308. Multi-jurisdictional bus frequency and ridership 
                    competitive grants

  ``(a) In General.--The Secretary shall make grants under this 
section, on a competitive basis, to eligible recipients to increase the 
frequency and ridership of public transit buses.
  ``(b) Applications.--To be eligible for a grant under this section, 
an eligible recipient shall submit to the Secretary an application at 
such time, in such manner, and containing such information as the 
Secretary may require.
  ``(c) Application Timing.--Not later than 90 days after amounts are 
made available to carry out this section, the Secretary shall solicit 
grant applications from eligible recipients for projects described in 
subsection (d).
  ``(d) Uses of Funds.--An eligible recipient of a grant under this 
section shall use such grant for capital projects that--
          ``(1) increase--
                  ``(A) the frequency of bus service;
                  ``(B) bus ridership; and
                  ``(C) total person throughput; and
          ``(2) are consistent with, and as described in, the design 
        guidance issued by the National Association of City 
        Transportation Officials and titled `Transit Street Design 
        Guide'.
  ``(e) Grant Criteria.--In making grants under this section, the 
Secretary shall consider the following:
          ``(1) Each eligible recipient's projected increase in bus 
        frequency.
          ``(2) Each eligible recipient's projected increase in bus 
        ridership.
          ``(3) Each eligible recipient's projected increase in total 
        person throughput.
          ``(4) The degree of regional collaboration described in each 
        eligible recipient's application, including collaboration 
        with--
                  ``(A) a local government entity that operates a 
                public transportation service;
                  ``(B) local government agencies that control street 
                design;
                  ``(C) metropolitan planning organizations (as such 
                term is defined in section 5303); and
                  ``(D) State departments of transportation.
  ``(f) Grant Timing.--The Secretary shall award grants under this 
section not later than 120 days after the date on which the Secretary 
completes the solicitation described in subsection (c).
  ``(g) Requirements of the Secretary.--In carrying out the program 
under this section, the Secretary shall--
          ``(1) not later than the date described in subsection (c), 
        publish in the Federal Register a list of all metrics and 
        evaluation procedures to be used in making grants under this 
        section; and
          ``(2) publish in the Federal Register--
                  ``(A) a summary of the final metrics and evaluations 
                used in making grants under this section; and
                  ``(B) a list of the ratings of eligible recipients 
                receiving a grant under this section based on such 
                metrics and evaluations.
  ``(h) Federal Share.--
          ``(1) In general.--The Federal share of the cost of a project 
        carried out under this section shall not exceed 80 percent.
          ``(2) Restriction on grant amounts.--The Secretary may make a 
        grant for a project under this section in an amount up to 150 
        percent of the amount--
                  ``(A) provided for such project under title 23; and
                  ``(B) provided for such project from non-Federal 
                funds budgeted for roadways.
  ``(i) Requirements of Section 5307.--Except as otherwise provided in 
this section, a grant under this section shall be subject to the 
requirements of section 5307.
  ``(j) Availability of Funds.--
          ``(1) In general.--Amounts made available to carry out this 
        section shall remain available for 4 fiscal years after the 
        fiscal year for which the amount was made available.
          ``(2) Unobligated amounts.--After the expiration of the 
        period described in paragraph (1) for an amount made available 
        to carry out this section, any unobligated amounts made 
        available to carry out this section shall be added to the 
        amounts made available for the following fiscal year.
  ``(k) Eligible Recipients.--In this section, the term `eligible 
recipient' means a recipient of a grant under section 5307 in an 
urbanized area with a population greater than 500,000.''.
  (b) Clerical Amendment.--The analysis for chapter 53 of title 49, 
United States Code, is amended by inserting after the item relating to 
section 5307 the following new item:

``5308. Multi-jurisdictional bus frequency and ridership competitive 
grants.''.

SEC. 2202. INCENTIVIZING FREQUENCY IN THE URBAN FORMULA.

  Section 5336 of title 49, United States Code, is amended--
          (1) in subsection (b)--
                  (A) in paragraph (2)--
                          (i) in subparagraph (A)--
                                  (I) in the matter preceding clause 
                                (i) by striking ``95.61 percent'' and 
                                inserting ``95 percent'';
                                  (II) in clause (i) by striking 
                                ``95.61 percent'' and inserting ``95 
                                percent''; and
                                  (III) in clause (ii) by striking 
                                ``95.61 percent'' and inserting ``95 
                                percent''; and
                          (ii) in subparagraph (B)--
                                  (I) in the matter preceding clause 
                                (i) by striking ``4.39 percent'' and 
                                inserting ``5 percent'';
                                  (II) in clause (i)--
                                          (aa) by inserting ``in the 
                                        highest 25 percent of routes by 
                                        ridership'' before ``multiplied 
                                        by''; and
                                          (bb) by striking ``vehicle 
                                        passenger miles traveled for 
                                        each dollar of operating cost 
                                        in an area'' and inserting 
                                        ``vehicles operating in peak 
                                        revenue service per hour in the 
                                        highest 25 percent of routes by 
                                        ridership''; and
                                  (III) in clause (ii)--
                                          (aa) by inserting ``in the 
                                        highest 25 percent of routes by 
                                        ridership'' before ``multiplied 
                                        by''; and
                                          (bb) by striking ``vehicle 
                                        passenger miles traveled for 
                                        each dollar of operating cost 
                                        in all areas'' and inserting 
                                        ``vehicles operating in peak 
                                        revenue service per hour in the 
                                        highest 25 percent of routes by 
                                        ridership''; and
                  (B) by adding at the end the following:
          ``(3) Special rule.--For fiscal year 2022, the percentage--
                  ``(A) in paragraph (2)(A) in the matter preceding 
                clause (i) shall be treated as 100 percent; and
                  ``(B) in paragraph (2)(B) in the matter preceding 
                clause (i) shall be treated as 0 percent.'';
          (2) in subsection (c)--
                  (A) in paragraph (1) by striking ``90.8 percent'' and 
                inserting ``90 percent'' each place it appears;
                  (B) in paragraph (2)--
                          (i) by striking ``9.2 percent'' and inserting 
                        ``8 percent'';
                          (ii) by striking ``200,000'' and inserting 
                        ``500,000'';
                          (iii) by striking subparagraph (A) and 
                        inserting the following:
                  ``(A) the number of bus passenger miles traveled on 
                the highest 25 percent of routes by ridership 
                multiplied by the number of buses operating in peak 
                revenue service per hour on the highest 25 percent of 
                routes by ridership; divided by''; and
                          (iv) by striking subparagraph (B) and 
                        inserting the following:
                  ``(B) the total number of bus passenger miles 
                traveled on the highest 25 percent of routes by 
                ridership multiplied by the total number of buses 
                operating in peak revenue service per hour on the 
                highest 25 percent of routes by ridership in all 
                areas.''; and
                  (C) by adding at the end the following:
          ``(3) 2 percent of the total amount apportioned under this 
        subsection shall be apportioned so that each urbanized area 
        with a population of at least 200,000 and less than 500,000 is 
        entitled to receive an amount using the formula in paragraph 
        (1).
          ``(4) For fiscal year 2022, the percentage--
                  ``(A) in paragraph (1) in the matter preceding 
                subparagraph (A) shall be treated as 100 percent;
                  ``(B) in paragraph (2) in the matter preceding 
                subparagraph (A) shall be treated as 0 percent; and
                  ``(C) in paragraph (3) shall be treated as 0 
                percent.''; and
          (3) by adding at the end the following:
  ``(k) Peak Revenue Service Defined.--In this section, the term `peak 
revenue service' means the time period between the time in the morning 
that an agency first exceeds the number of midday vehicles in revenue 
service and the time in the evening that an agency falls below the 
number of midday vehicles in revenue service.''.

SEC. 2203. MOBILITY INNOVATION.

  (a) In General.--Chapter 53 of title 49, United States Code, is 
amended by inserting after section 5315 the following new section:

``Sec. 5316. Mobility innovation

  ``(a) In General.--Amounts made available to a covered recipient to 
carry out sections 5307, 5310, and 5311 may be used by such covered 
recipient under this section to assist in the financing of--
          ``(1) mobility as a service; and
          ``(2) mobility on demand services.
  ``(b) Federal Share.--
          ``(1) In general.--Except as provided in paragraphs (2) and 
        (3), the Federal share of the net cost of a project carried out 
        under this section shall not exceed 80 percent.
          ``(2) Insourcing incentive.--Notwithstanding paragraph (1), 
        the Federal share of the net cost of a project described in 
        paragraph (1) shall be reduced by 25 percent if the recipient 
        uses a third-party contract for a mobility on demand service.
          ``(3) Zero emission incentive.--Notwithstanding paragraph 
        (1), the Federal share of the net cost of a project described 
        in paragraph (1) shall be reduced by 25 percent if such project 
        involves an eligible use that uses a vehicle that produces 
        carbon dioxide or particulate matter.
  ``(c) Eligible Uses.--
          ``(1) In general.--The Secretary shall publish guidance 
        describing eligible activities that are demonstrated to--
                  ``(A) increase transit ridership;
                  ``(B) be complementary to fixed route transit 
                service;
                  ``(C) demonstrate substantial improvements in--
                          ``(i) environmental metrics, including 
                        standards established pursuant to the Clean Air 
                        Act (42 U.S.C. 7401 et seq.) and greenhouse gas 
                        performance targets established pursuant to 
                        section 150(d) of title 23;
                          ``(ii) traffic congestion;
                          ``(iii) compliance with the requirements 
                        under the Americans with Disabilities Act of 
                        1990 (42 U.S.C. 12101 et seq.);
                          ``(iv) low-income service to increase access 
                        to employment, healthcare, and other essential 
                        services;
                          ``(v) service outside of transit agency 
                        operating hours, provided that the transit 
                        agency operating hours are not reduced;
                          ``(vi) new low density service relative to 
                        the higher density urban areas of the agency's 
                        service area; and
                          ``(vii) rural service.
                  ``(D) Fare collection modernization.--In developing 
                guidance referred to in this section, the Secretary 
                shall ensure that--
                          ``(i) all costs associated with installing, 
                        modernizing, and managing fare collection, 
                        including touchless payment systems, shall be 
                        considered eligible expenses under this title 
                        and subject to the applicable Federal share; 
                        and
                          ``(ii) such guidance includes guidance on how 
                        agencies shall provide unbanked and underbanked 
                        users with an opportunity to benefit from 
                        mobility as a service platforms.
          ``(2) Prohibition on use of funds.--Amounts used by a covered 
        recipient for projects eligible under this section may not be 
        used for--
                  ``(A) single passenger vehicle miles (in a passenger 
                motor vehicle, as such term is defined in section 
                32101, that carries less than 9 passengers), unless the 
                trip--
                          ``(i) meets the definition of public 
                        transportation; and
                          ``(ii) begins or completes a fixed route 
                        public transportation trip;
                  ``(B) deadhead vehicle miles; or
                  ``(C) any service considered a taxi service for 
                purposes of section 5331.
  ``(d) Federal Requirements.--A project carried out under this section 
shall be treated as if such project were carried out under the section 
from which the funds were provided to carry out such project, including 
the application of any additional requirements provided for by law that 
apply to section 5307, 5310, or 5311, as applicable.
  ``(e) Waiver.--
          ``(1) Individual waiver.--Except as provided in paragraph 
        (2), the Secretary may waive any requirement applied to a 
        project carried out under this section pursuant to subsection 
        (d) if the Secretary determines that the project would--
                  ``(A) not undermine labor standards;
                  ``(B) increase employment opportunities of the 
                recipient; and
                  ``(C) be consistent with the public interest.
          ``(2) Waiver under other sections.--The Secretary may not 
        waive any requirement under paragraph (1) for which a waiver is 
        otherwise available.
          ``(3) Prohibition of waiver.--Notwithstanding paragraph (1), 
        the Secretary may not waive any requirement of--
                  ``(A) section 5333;
                  ``(B) section 5331;
                  ``(C) section 5302(14); and
                  ``(D) chapter 53 that establishes a maximum Federal 
                share for operating costs.
          ``(4) Application of section 5320.--Notwithstanding 
        paragraphs (1) and (2), the Secretary may only waive the 
        requirements of section 5320 with respect to--
                  ``(A) a passenger vehicle owned by an individual; and
                  ``(B) subsection (q) of such section for any 
                passenger vehicle not owned by an individual for the 
                period beginning on the date of enactment of this 
                section and ending 3 years after such date.
  ``(f) Open Data Standards.--
          ``(1) In general.--Not later than 90 days after the date of 
        enactment of this section, the Secretary shall initiate 
        procedures under subchapter III of chapter 5 of title 5 to 
        develop an open data standard and an application programming 
        interface necessary to carry out this section.
          ``(2) Regulations.--The regulations required under paragraph 
        (1) shall require public transportation agencies, mobility on 
        demand providers, mobility as a service technology providers, 
        other non-government actors, and local governments the 
        efficient means to transfer data to--
                  ``(A) foster the efficient use of transportation 
                capacity;
                  ``(B) enhance the management of new modes of 
                mobility;
                  ``(C) enable the use of innovative planning tools;
                  ``(D) enable single payment systems for all mobility 
                on demand services;
                  ``(E) establish metropolitan planning organization, 
                State, and local government access to anonymized data 
                for transportation planning, real time operations data, 
                and rules;
                  ``(F) safeguard personally identifiable information;
                  ``(G) protect confidential business information; and
                  ``(H) enhance cybersecurity protections.
          ``(3) Prohibition on for profit activity.--Any data received 
        by an entity under this subsection may not be sold, leased, or 
        otherwise used to generate profit, except for the direct 
        provision of the related mobility on demand services and 
        mobility as a service.
          ``(4) Committee.--A negotiated rulemaking committee 
        established pursuant to section 565 of title 5 to carry out 
        this subsection shall have a maximum of 17 members limited to 
        representatives of the Department of Transportation, State and 
        local governments, metropolitan planning organizations, urban 
        and rural covered recipients, associations that represent 
        public transit agencies, representatives from at least 3 
        different organizations engaged in collective bargaining on 
        behalf of transit workers in not fewer than 3 States, mobility 
        on demand providers, and mobility as a service technology 
        providers.
          ``(5) Publication of proposed regulations.--Proposed 
        regulations to implement this section shall be published in the 
        Federal Register by the Secretary not later than 18 months 
        after such date of enactment.
          ``(6) Extension of deadlines.--A deadline set forth in 
        paragraph (4) may be extended up to 180 days if the negotiated 
        rulemaking committee referred to in paragraph (5) concludes 
        that the committee cannot meet the deadline and the Secretary 
        so notifies the Committee on Transportation and Infrastructure 
        of the House of Representatives and the Committee on Banking, 
        Housing, and Urban Affairs of the Senate.
  ``(g) Application of Recipient Revenue Vehicle Miles.--With respect 
to revenue vehicle miles with one passenger of a covered recipient 
using amounts under this section, such miles--
          ``(1) shall be included in the National Transit Database 
        under section 5335; and
          ``(2) shall be excluded from vehicle revenue miles data used 
        in the calculation described in section 5336.
  ``(h) Savings Clause.--Subsection (c)(2) and subsection (g) shall not 
apply to any eligible activities under this section if such activities 
are being carried out in compliance with the Americans with 
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).
  ``(i) Definitions.--In this section:
          ``(1) Deadhead vehicle miles.--The term `deadhead vehicle 
        miles' means the miles that a vehicle travels when out of 
        revenue service, including leaving or returning to the garage 
        or yard facility, changing routes, when there is no expectation 
        of carrying revenue passengers, and any miles traveled by a 
        private operator without a passenger.
          ``(2) Mobility as a service.--The term `mobility as a 
        service' means services that constitute the integration of 
        mobility on demand services and public transportation that are 
        available and accessible to all travelers, provide multimodal 
        trip planning, and a unified payment system.
          ``(3) Mobility on demand.--The term `mobility on demand' 
        means an on-demand transportation service shared among 
        individuals, either concurrently or one after another.
          ``(4) Covered recipient.--The term `covered recipient' means 
        a State or local government entity, private nonprofit 
        organization, or Tribe that--
                  ``(A) operates a public transportation service; and
                  ``(B) is a recipient or subrecipient of funds under 
                section 5307, 5310, or 5311.''.
  (b) Clerical Amendment.--The analysis for chapter 53 of title 49, 
United States Code, is amended by inserting after the item relating to 
section 5315 the following new item:

``5316. Mobility innovation.''.

  (c) Effective Date.--This section and the amendments made by this 
section shall take effect on the date on which the Secretary has 
finalized both--
          (1) the guidance required under section 5316(c) of title 49, 
        United States Code; and
          (2) the regulations required under section 5316(f) of title 
        49, United States Code.

SEC. 2204. FORMULA GRANTS FOR RURAL AREAS.

  Section 5311 of title 49, United States Code, is amended--
          (1) in subsection (b)--
                  (A) in paragraph (2) by adding at the end the 
                following:
                  ``(D) Census designation.--The Secretary may approve 
                a State program that allocates not more than 5 percent 
                of such State's apportionment to assist rural areas 
                that were redesignated as urban areas not more than 2 
                fiscal years after the last census designation of 
                urbanized area boundaries.''; and
                  (B) in paragraph (3) by striking ``section 
                5338(a)(2)(F)'' and inserting ``section 
                5338(a)(2)(E)'';
          (2) in subsection (c)--
                  (A) in paragraph (1)--
                          (i) in the matter preceding subparagraph (A) 
                        by striking ``section 5338(a)(2)(F)'' and 
                        inserting ``section 5338(a)(2)(E)'';
                          (ii) in subparagraph (A) by striking 
                        ``$5,000,000'' and inserting ``$10,000,000''; 
                        and
                          (iii) in subparagraph (B) by striking 
                        ``$30,000,000'' and inserting ``the amount 
                        remaining under section 5338(a)(2)(E)(i) after 
                        the amount under subparagraph (A) is 
                        distributed'';
                  (B) in paragraph (2)(C) by striking ``section 
                5338(a)(2)(F)'' and inserting ``section 
                5338(a)(2)(E)''; and
                  (C) in paragraph (3)--
                          (i) in subparagraph (A) by striking ``section 
                        5338(a)(2)(F)'' and inserting ``section 
                        5338(a)(2)(E)''; and
                          (ii) by striking subparagraphs (B) and (C) 
                        and inserting the following:
                  ``(B) Land area.--
                          ``(i) In general.--Subject to clause (ii), 
                        each State shall receive an amount that is 
                        equal to 15 percent of the amount apportioned 
                        under this paragraph, multiplied by the ratio 
                        of the land area in rural areas in that State 
                        and divided by the land area in all rural areas 
                        in the United States, as shown by the most 
                        recent decennial census of population.
                          ``(ii) Maximum apportionment.--No State shall 
                        receive more than 5 percent of the amount 
                        apportioned under clause (i).
                  ``(C) Population.--Each State shall receive an amount 
                equal to 50 percent of the amount apportioned under 
                this paragraph, multiplied by the ratio of the 
                population of rural areas in that State and divided by 
                the population of all rural areas in the United States, 
                as shown by the most recent decennial census of 
                population.
                  ``(D) Vehicle revenue miles.--
                          ``(i) In general.--Subject to clause (ii), 
                        each State shall receive an amount that is 
                        equal to 25 percent of the amount apportioned 
                        under this paragraph, multiplied by the ratio 
                        of vehicle revenue miles in rural areas in that 
                        State and divided by the vehicle revenue miles 
                        in all rural areas in the United States, as 
                        determined by national transit database 
                        reporting.
                          ``(ii) Maximum apportionment.--No State shall 
                        receive more than 5 percent of the amount 
                        apportioned under clause (i).
                  ``(E) Low-income individuals.--Each State shall 
                receive an amount that is equal to 10 percent of the 
                amount apportioned under this paragraph, multiplied by 
                the ratio of low-income individuals in rural areas in 
                that State and divided by the number of low-income 
                individuals in all rural areas in the United States, as 
                shown by the Bureau of the Census.'';
          (3) in subsection (f)--
                  (A) in paragraph (1) by inserting ``A State may 
                expend funds to continue service into another State to 
                extend a route.'' before ``Eligible activities under''; 
                and
                  (B) in paragraph (2) by inserting ``and makes the 
                certification and supporting documents publicly 
                available'' before the period at the end; and
          (4) in subsection (g) by adding at the end the following:
          ``(6) Allowance for volunteer hours.--
                  ``(A) Applicable regulations.--For any funds provided 
                by a department or agency of the Government under 
                paragraph (3)(D) or by a service agreement under 
                paragraph (3)(C), and such department or agency has 
                regulations in place that provide for the valuation of 
                volunteer hours as allowable in-kind contributions 
                toward the non-Federal share of project costs, such 
                regulations shall be used to determine the allowable 
                valuation of volunteer hours as an in-kind contribution 
                toward the non-Federal remainder of net project costs 
                for a transit project funded under this section.
                  ``(B) Limitations.--Subparagraph (A) shall not apply 
                to the provision of fixed-route bus services funded 
                under this section.''.

SEC. 2205. ONE-STOP PARATRANSIT PROGRAM.

  Section 5310 of title 49, United States Code, is amended by adding at 
the end the following:
  ``(j) One-stop Paratransit Program.--
          ``(1) In general.--Not later than 6 months after the date of 
        enactment of this subsection, the Secretary shall establish a 
        one-stop paratransit competitive grant program to encourage an 
        extra stop in non-fixed route Americans with Disabilities Act 
        of 1990 (42 U.S.C. 12101 et seq.) service for a paratransit 
        rider to complete essential tasks.
          ``(2) Preference.--The Secretary shall give preference to 
        eligible recipients that--
                  ``(A) have comparable data for the year prior to 
                implementation of the grant program and made available 
                to the Secretary, academic and nonprofit organizations 
                for research purposes; and
                  ``(B) plan to use agency personnel to implement the 
                pilot program.
          ``(3) Application criteria.--To be eligible to participate in 
        the grant program, an eligible recipient shall submit to the 
        Secretary an application containing such information as the 
        Secretary may require, including information on--
                  ``(A) locations the eligible entity intends to allow 
                a stop at, if stops are limited, including--
                          ``(i) childcare or education facilities;
                          ``(ii) pharmacies;
                          ``(iii) grocery stores; and
                          ``(iv) bank or ATM locations;
                  ``(B) methodology for informing the public of the 
                grant program;
                  ``(C) vehicles, personnel, and other resources that 
                will be used to implement the grant program;
                  ``(D) if the applicant does not intend the grant 
                program to apply to the full area under the 
                jurisdiction of the applicant, a description of the 
                geographic area in which the applicant intends the 
                grant program to apply; and
                  ``(E) the anticipated amount of increased operating 
                costs.
          ``(4) Selection.--The Secretary shall seek to achieve 
        diversity of participants in the grant program by selecting a 
        range of eligible entities that includes at least--
                  ``(A) 5 eligible recipients that serve an area with a 
                population of 50,000 to 200,000;
                  ``(B) 10 eligible recipients that serve an area with 
                a population of over 200,000; and
                  ``(C) 5 eligible recipients that provide 
                transportation for rural communities.
          ``(5) Data-sharing criteria.--An eligible recipient in this 
        subsection shall provide data as the Secretary requires, 
        including--
                  ``(A) number of ADA paratransit trips conducted each 
                year;
                  ``(B) requested time of each paratransit trip;
                  ``(C) scheduled time of each paratransit trip;
                  ``(D) actual pickup time for each paratransit trip;
                  ``(E) average length of a stop in the middle of a 
                ride as allowed by this subsection;
                  ``(F) any complaints received by a paratransit rider;
                  ``(G) rider satisfaction with paratransit services; 
                and
                  ``(H) after the completion of the grant, an 
                assessment by the eligible recipient of its capacity to 
                continue a one-stop program independently.
          ``(6) Report.--
                  ``(A) In general.--The Secretary shall make publicly 
                available an annual report on the program carried out 
                under this subsection for each fiscal year, not later 
                than December 31 of the calendar year in which such 
                fiscal year ends.
                  ``(B) Contents.--The report required under 
                subparagraph (A) shall include a detailed description 
                of the activities carried out under the program, and an 
                evaluation of the program, including an evaluation of 
                the data shared by eligible recipients under paragraph 
                (5).''.

         Subtitle C--Buy America and Other Procurement Reforms

SEC. 2301. BUY AMERICA.

  (a) Buy America.--
          (1) In general.--Chapter 53 of title 49, United States Code, 
        is amended by inserting before section 5321 the following:

``Sec. 5320. Buy America

  ``(a) In General.--The Secretary may obligate an amount that may be 
appropriated to carry out this chapter for a project only if the steel, 
iron, and manufactured goods used in the project are produced in the 
United States.
  ``(b) Waiver.--The Secretary may waive subsection (a) if the 
Secretary finds that--
          ``(1) applying subsection (a) would be inconsistent with the 
        public interest;
          ``(2) the steel, iron, and goods produced in the United 
        States are not produced in a sufficient and reasonably 
        available amount or are not of a satisfactory quality;
          ``(3) when procuring rolling stock (including train control, 
        communication, traction power equipment, and rolling stock 
        prototypes) under this chapter--
                  ``(A) the cost of components and subcomponents 
                produced in the United States is more than 70 percent 
                of the cost of all components of the rolling stock; and
                  ``(B) final assembly of the rolling stock has 
                occurred in the United States; or
          ``(4) including domestic material will increase the cost of 
        the overall project by more than 25 percent.
  ``(c) Written Waiver Determination and Annual Report.--
          ``(1) Waiver procedure.--Not later than 120 days after the 
        submission of a request for a waiver, the Secretary shall make 
        a determination under subsection (b)(1), (b)(2), or (b)(4) as 
        to whether to waive subsection (a).
          ``(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 waiver described in subsection 
                        (b)(1), (b)(2) or (b)(4); 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.
          ``(4) Annual report.--Annually, the Secretary shall submit to 
        the Committee on Banking, Housing, and Urban Affairs of the 
        Senate and the Committee on Transportation and Infrastructure 
        of the House of Representatives a report listing any waiver 
        issued under paragraph (1) during the preceding year.
  ``(d) Rolling Stock Waiver Conditions.--
          ``(1) Labor costs for final assembly.--In this section, 
        highly skilled labor costs involved in final assembly shall be 
        included as a separate component in the cost of components and 
        subcomponents under subsection (b)(3)(A).
          ``(2) High domestic content component bonus.--In this 
        section, in calculating the domestic content of the rolling 
        stock under subsection (b)(3), the percent, rounded to the 
        nearest whole number, of the domestic content in components of 
        such rolling stock, weighted by cost, shall be used in 
        calculating the domestic content of the rolling stock, except--
                  ``(A) with respect to components that exceed--
                          ``(i) 70 percent domestic content, the 
                        Secretary shall add 10 additional percent to 
                        the component's domestic content when 
                        calculating the domestic content of the rolling 
                        stock; and
                          ``(ii) 75 percent domestic content, the 
                        Secretary shall add 15 additional percent to 
                        the component's domestic content when 
                        calculating the domestic content of the rolling 
                        stock; and
                  ``(B) in no case may a component exceed 100 domestic 
                content when calculating the domestic content of the 
                rolling stock.
          ``(3) Rolling stock frames or car shells.--
                  ``(A) Inclusion of costs.--Subject to the 
                substantiation requirement of subparagraph (B), in 
                carrying out, in calculating the cost of the domestic 
                content of the rolling stock under subsection (b)(3), 
                in the case of a rolling stock procurement receiving 
                assistance under this chapter in which the average cost 
                of a rolling stock vehicle in the procurement is more 
                than $300,000, if rolling stock frames or car shells 
                are not produced in the United States, the Secretary 
                shall include in the calculation of the domestic 
                content of the rolling stock the cost of the steel or 
                iron that is produced in the United States and used in 
                the rolling stock frames or car shells.
                  ``(B) Substantiation.--If a rolling stock vehicle 
                manufacturer wishes to include in the calculation of 
                the vehicle's domestic content the cost of steel or 
                iron produced in the United States and used in the 
                rolling stock frames and car shells that are not 
                produced in the United States, the manufacturer shall 
                maintain and provide upon request a mill certification 
                that substantiates the origin of the steel or iron.
          ``(4) Treatment of waived components and subcomponents.--In 
        this section, a component or subcomponent waived under 
        subsection (b) shall be excluded from any part of the 
        calculation required under subsection (b)(3)(A).
          ``(5) Zero-emission vehicle domestic battery cell 
        incentive.--The Secretary shall provide an additional 2.5 
        percent of domestic content to the total rolling stock domestic 
        content percentage calculated under this section for any zero-
        emission vehicle that uses only battery cells for propulsion 
        that are manufactured domestically.
          ``(6) Prohibition on double counting.--
                  ``(A) In general.--No labor costs included in the 
                cost of a component or subcomponent by the manufacturer 
                of rolling stock may be treated as rolling stock 
                assembly costs for purposes of calculating domestic 
                content.
                  ``(B) Violation.--A violation of this paragraph shall 
                be treated as a false claim under subchapter III of 
                chapter 37 of title 31.
          ``(7) Definition of highly skilled labor costs.--In this 
        subsection, the term `highly skilled labor costs'--
                  ``(A) means the apportioned value of direct wage 
                compensation associated with final assembly activities 
                of workers directly employed by a rolling stock 
                original equipment manufacturer and directly associated 
                with the final assembly activities of a rolling stock 
                vehicle that advance the value or improve the condition 
                of the end product;
                  ``(B) does not include any temporary or indirect 
                activities or those hired via a third-party contractor 
                or subcontractor;
                  ``(C) are limited to metalworking, fabrication, 
                welding, electrical, engineering, and other technical 
                activities requiring training;
                  ``(D) are not otherwise associated with activities 
                required under section 661.11 of title 49, Code of 
                Federal Regulations; and
                  ``(E) includes only activities performed in the 
                United States and does not include that of foreign 
                nationals providing assistance at a United States 
                manufacturing facility.
  ``(e) Certification of Domestic Supply and Disclosure.--
          ``(1) Certification of domestic supply.--If the Secretary 
        denies an application for a waiver under subsection (b), the 
        Secretary shall provide to the applicant a written 
        certification that--
                  ``(A) the steel, iron, or manufactured goods, as 
                applicable, (referred to in this paragraph as the 
                `item') is produced in the United States in a 
                sufficient and reasonably available amount;
                  ``(B) the item produced in the United States is of a 
                satisfactory quality; and
                  ``(C) includes a list of known manufacturers in the 
                United States from which the item can be obtained.
          ``(2) Disclosure.--The Secretary shall disclose the waiver 
        denial and the written certification to the public in an easily 
        identifiable location on the website of the Department of 
        Transportation.
  ``(f) Waiver Prohibited.--The Secretary may not make a waiver under 
subsection (b) for goods produced in a foreign country if the 
Secretary, in consultation with the United States Trade Representative, 
decides that the government of that foreign country--
          ``(1) has an agreement with the United States Government 
        under which the Secretary has waived the requirement of this 
        section; and
          ``(2) has violated the agreement by discriminating against 
        goods to which this section applies that are produced in the 
        United States and to which the agreement applies.
  ``(g) Penalty for Mislabeling and Misrepresentation.--A person is 
ineligible under subpart 9.4 of the Federal Acquisition Regulation, or 
any successor thereto, to receive a contract or subcontract made with 
amounts authorized under title II of the INVEST in America Act if a 
court or department, agency, or instrumentality of the Government 
decides the person intentionally--
          ``(1) affixed a `Made in America' label, or a label with an 
        inscription having the same meaning, to goods sold in or 
        shipped to the United States that are used in a project to 
        which this section applies but not produced in the United 
        States; or
          ``(2) represented that goods described in paragraph (1) were 
        produced in the United States.
  ``(h) State Requirements.--The Secretary may not impose any 
limitation on assistance provided under this chapter that restricts a 
State from imposing more stringent requirements than this subsection on 
the use of articles, materials, and supplies mined, produced, or 
manufactured in foreign countries in projects carried out with that 
assistance or restricts a recipient of that assistance from complying 
with those State-imposed requirements.
  ``(i) Opportunity to Correct Inadvertent Error.--The Secretary may 
allow a manufacturer or supplier of steel, iron, or manufactured goods 
to correct after bid opening any certification of noncompliance or 
failure to properly complete the certification (but not including 
failure to sign the certification) under this subsection if such 
manufacturer or supplier attests under penalty of perjury that such 
manufacturer or supplier submitted an incorrect certification as a 
result of an inadvertent or clerical error. The burden of establishing 
inadvertent or clerical error is on the manufacturer or supplier.
  ``(j) Administrative Review.--A party adversely affected by an agency 
action under this subsection shall have the right to seek review under 
section 702 of title 5.
  ``(k) Steel and Iron.--For purposes of this section, steel and iron 
meeting the requirements of section 661.5(b) of title 49, Code of 
Federal Regulations, may be considered produced in the United States.
  ``(l) Definition of Small Purchase.--For purposes of determining 
whether a purchase qualifies for a general public interest waiver under 
subsection (b)(1), including under any regulation promulgated under 
such subsection, the term `small purchase' means a purchase of not more 
than $150,000.
  ``(m) Preaward and Postdelivery Review of Rolling Stock Purchases.--
          ``(1) In general.--The Secretary shall prescribe regulations 
        requiring a preaward and postdelivery certification of a 
        rolling stock vehicle that meets the requirements of this 
        section and Government motor vehicle safety requirements to be 
        eligible for a grant under this chapter. For compliance with 
        this section--
                  ``(A) Federal inspections and review are required;
                  ``(B) a manufacturer certification is not sufficient; 
                and
                  ``(C) a rolling stock vehicle that has been certified 
                by the Secretary remains certified until the 
                manufacturer makes a material change to the vehicle, or 
                adjusts the cost of all components of the rolling 
                stock, that reduces, by more than half, the percentage 
                of domestic content above 70 percent.
          ``(2) Certification of percentage.--The Secretary may, at the 
        request of a component or subcomponent manufacturer, certify 
        the percentage of domestic content and place of manufacturing 
        for a component or subcomponent.
          ``(3) Freedom of information act.--In carrying out this 
        subsection, the Secretary shall consistently apply the 
        provisions of section 552 of title 5, including subsection 
        (b)(4) of such section.
          ``(4) Noncompliance.--The Secretary shall prohibit recipients 
        from procuring rolling stock, components, or subcomponents from 
        a supplier that intentionally provides false information to 
        comply with this subsection.
  ``(n) Scope.--The requirements of this section apply to all contracts 
for a public transportation project carried out within the scope of the 
applicable finding, determination, or decision under the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), regardless 
of the funding source of such contracts, if at least one contract for 
the public transportation project is funded with amounts made available 
to carry out this chapter.
  ``(o) Buy America Conformity.--The Secretary shall ensure that all 
Federal funds for new commuter rail projects shall comply with this 
section and shall not be subject to section 22905(a).
  ``(p) Audits and Reporting of Waste, Fraud, and Abuse.--
          ``(1) In general.--The Inspector General of the Department of 
        Transportation shall conduct an annual audit on certifications 
        under subsection (m) regarding compliance with Buy America.
          ``(2) Report fraud, waste, and abuse.--The Secretary shall 
        display a `Report Fraud, Waste, and Abuse' button and link to 
        Department of Transportation's Office of Inspector General 
        Hotline on the Federal Transit Administration's Buy America 
        landing page.
          ``(3) Contract requirement.--The Secretary shall require all 
        recipients who enter into contracts to purchase rolling stock 
        with funds provided under this chapter to include in such 
        contract information on how to contact the Department of 
        Transportation's Office of Inspector General Hotline to report 
        suspicions of fraud, waste, and abuse.
  ``(q) Passenger Motor Vehicles.--
          ``(1) In general.--Any domestically manufactured passenger 
        motor vehicle shall be considered to be produced in the United 
        States under this section.
          ``(2) Domestically manufactured passenger motor vehicle.--In 
        this subsection, the term `domestically manufactured passenger 
        motor vehicle' means any passenger motor vehicle, as such term 
        is defined in section 32304(a) that--
                  ``(A) has under section 32304(b)(1)(B) its final 
                assembly place in the United States; and
                  ``(B) the percentage (by value) of passenger motor 
                equipment under section 32304(b)(1)(A) equals or 
                exceeds 60 percent value added.
  ``(r) Rolling Stock Components and Subcomponents.--No component or 
subcomponent of rolling stock shall be treated as produced in the 
United States for purposes of subsection (b)(3) or determined to be of 
domestic origin under section 661.11 of title 49, Code of Federal 
Regulations, if the material inputs of such component or subcomponent 
were imported into the United States and the operations performed in 
the United States on the imported articles would not result in a change 
in the article's classification to chapter 86 or 87 of the Harmonized 
Tariff Schedule of the United States from another chapter or a new 
heading of any chapter from the heading under which the article was 
classified upon entry.
  ``(s) Treatment of Steel and Iron Components as Produced in the 
United States.--Notwithstanding any other provision of any law or any 
rule, regulation, or policy of the Federal Transit Administration, 
steel and iron components of a system, as defined in section 661.3 of 
title 49, Code of Federal Regulations, and of manufactured end products 
referred to in Appendix A of such section, may not be considered to be 
produced in the United States unless such components meet the 
requirements of section 661.5(b) of title 49, Code of Federal 
Regulations.
  ``(t) Requirement for Transit Agencies.--Notwithstanding the 
provisions of this section, if a transit agency accepts Federal funds, 
such agency shall adhere to the Buy America provisions set forth in 
this section when procuring rolling stock.''.
          (2) Clerical amendment.--The analysis for chapter 53 of title 
        49, United States Code, is amended by inserting before the item 
        relating to section 5321 the following:

``5320. Buy America.''.

          (3) Conforming amendments.--
                  (A) Technical assistance and workforce development.--
                Section 5314(a)(2)(G) of title 49, United States Code, 
                is amended by striking ``sections 5323(j) and 5323(m)'' 
                and inserting ``section 5320''.
                  (B) Urbanized area formula grants.--Section 
                5307(c)(1)(E) of title 49, United States Code, is 
                amended by inserting ``, 5320,'' after ``5323''.
                  (C) Innovative procurement.--Section 
                3019(c)(2)(E)(ii) of the FAST Act (49 U.S.C. 5325 note) 
                is amended by striking ``5232(j)'' and inserting 
                ``5320''.
  (b) Bus Rolling Stock.--Not later than 18 months after the date of 
enactment of this Act, the Secretary of Transportation shall issue such 
regulations as are necessary to revise Appendix B and Appendix D of 
section 661.11 of title 49, Code of Federal Regulations, with respect 
to bus rolling stock to maximize job creation and align such section 
with modern manufacturing techniques.
  (c) Rail Rolling Stock.--Not later than 30 months after the date of 
enactment of this Act, the Secretary shall issue such regulations as 
are necessary to revise subsections (t), (u), and (v) of section 661.11 
of title 49, Code of Federal Regulations, with respect to rail rolling 
stock to maximize job creation and align such section with modern 
manufacturing techniques.
  (d) Rule of Applicability.--
          (1) In general.--Except as otherwise provided in this 
        subsection, the amendments made by this section shall apply to 
        any contract entered into on or after the date of enactment of 
        this Act.
          (2) Delayed applicability of certain provisions.--Contracts 
        described in paragraph (1) shall be subject to the following 
        delayed applicability requirements:
                  (A) Section 5320(m)(2) shall apply to contracts 
                entered into on or after the date that is 30 days after 
                the date of enactment of this Act.
                  (B) Notwithstanding subparagraph (A), section 5320(m) 
                shall apply to contracts for the procurement of bus 
                rolling stock beginning on the earlier of--
                          (i) 180 days after the date on which final 
                        regulations are issued pursuant to subsection 
                        (b); or
                          (ii) the date that is 1 year after the date 
                        of enactment of this Act.
                  (C) Notwithstanding subparagraph (A), section 5320(m) 
                shall apply to contracts for the procurement of rail 
                rolling stock beginning on the earlier of--
                          (i) 180 days after the date on which final 
                        regulations are issued pursuant to subsection 
                        (c); or
                          (ii) the date that is 2 years after the date 
                        of enactment of this Act.
                  (D) Section 5320(p)(1) shall apply on the date that 
                is 1 year after the latest of the application dates 
                described in subparagraphs (A) through (C).
          (3) Special rule for certain contracts.--For any contract 
        described in paragraph (1) for which the delivery for the first 
        production vehicle occurs before October 1, 2024, paragraphs 
        (1) and (4) of section 5320(d) shall not apply.
          (4) Special rule for battery cell incentives.--For any 
        contract described in paragraph (1) for which the delivery for 
        the first production vehicle occurs before October 1, 2022, 
        section 5320(d)(5) shall not apply.
  (e) Special Rule for Domestic Content.--For the calculation of the 
percent of domestic content calculated under section 5320(d)(2) for a 
contract for rolling stock entered into on or after October 1, 2020--
          (1) if the delivery of the first production vehicle occurs in 
        fiscal year 2022 or fiscal year 2023, for components that 
        exceed 70 percent domestic content, the Secretary shall add 20 
        additional percent to the component's domestic content; and
          (2) if the delivery of the first production vehicle occurs in 
        fiscal year 2024 or fiscal year 2025--
                  (A) for components that exceed 70 percent but do not 
                exceed 75 percent domestic content, the Secretary shall 
                add 15 additional percent to the component's domestic 
                content; or
                  (B) for components that exceed 75 percent domestic 
                content, the Secretary shall add 20 additional percent 
                to the component's domestic content.

SEC. 2302. BUS PROCUREMENT STREAMLINING.

  Section 5323 of title 49, United States Code, as is amended by adding 
at the end the following:
  ``(x) Bus Procurement Streamlining.--
          ``(1) In general.--The Secretary may only obligate amounts 
        for acquisition of buses under this chapter to a recipient that 
        issues a request for proposals for an open market procurement 
        that meets the following criteria:
                  ``(A) Such request for proposals is limited to 
                performance specifications, except for components or 
                subcomponents identified in the negotiated rulemaking 
                carried out pursuant to this subsection.
                  ``(B) Such request for proposals does not seek any 
                alternative design or manufacture specification of a 
                bus offered by a manufacturer, except to require a 
                component or subcomponent identified in the negotiated 
                rulemaking carried out pursuant to this subsection.
          ``(2) Specific bus component negotiated rulemaking.--
                  ``(A) Initiation.--Not later than 120 days after the 
                date of enactment of the INVEST in America Act, the 
                Secretary shall initiate procedures under subchapter 
                III of chapter 5 of title 5 to negotiate and issue such 
                regulations as are necessary to establish as limited a 
                list as is practicable of bus components and 
                subcomponents described in subparagraph (B).
                  ``(B) List of components.--The regulations required 
                under subparagraph (A) shall establish a list of bus 
                components and subcomponents that may be specified in a 
                request for proposals described in paragraph (1) by a 
                recipient. The Secretary shall ensure the list is 
                limited in scope and limited to only components and 
                subcomponents that cannot be selected with performance 
                specifications to ensure interoperability.
                  ``(C) Publication of proposed regulations.--Proposed 
                regulations to implement this section shall be 
                published in the Federal Register by the Secretary not 
                later than 18 months after such date of enactment.
                  ``(D) Committee.--A negotiated rulemaking committee 
                established pursuant to section 565 of title 5 to carry 
                out this paragraph shall have a maximum of 11 members 
                limited to representatives of the Department of 
                Transportation, urban and rural recipients (including 
                State government recipients), and transit vehicle 
                manufacturers.
                  ``(E) Extension of deadlines.--A deadline set forth 
                in subparagraph (C) may be extended up to 180 days if 
                the negotiated rulemaking committee referred to in 
                subparagraph (D) concludes that the committee cannot 
                meet the deadline and the Secretary so notifies the 
                Committee on Transportation and Infrastructure of the 
                House of Representatives and the Committee on Banking, 
                Housing, and Urban Affairs of the Senate.
          ``(3) Savings clause.--Nothing in this section shall be 
        construed to provide additional authority for the Secretary to 
        restrict what a bus manufacturer offers to sell to a public 
        transportation agency.''.

SEC. 2303. BUS TESTING FACILITY.

  Section 5318 of title 49, United States Code, is amended by adding at 
the end the following:
  ``(f) Testing Schedule.--The Secretary shall--
          ``(1) determine eligibility of a bus manufacturer's request 
        for testing within 10 business days;
          ``(2) make publicly available the current backlog (in months) 
        to begin testing a new bus at the bus testing facility; and
          ``(3) designate The Ohio State University as the autonomous 
        and advanced driver-assistance systems test development 
        facility for all bus testing with autonomous or advanced 
        driver-assistance systems technology and The Ohio State 
        University will also serve as the over-flow new model bus 
        testing facility to Altoona.''.

SEC. 2304. REPAYMENT REQUIREMENT.

  (a) In General.--A transit agency shall repay into the general fund 
of the Treasury all funds received from the Federal Transit 
Administration under the heading ``Federal Transit Administration, 
Transit Infrastructure Grants'' under the CARES Act (Public Law 116-
136) if any portion of the funding was used to award a contract or 
subcontract to an entity for the procurement of rolling stock for use 
in public transportation if the manufacturer of the rolling stock--
          (1) is incorporated in or has manufacturing facilities in the 
        United States; and
          (2) is owned or controlled by, is a subsidiary of, or is 
        otherwise related legally or financially to a corporation based 
        in a country that--
                  (A) is identified as a nonmarket economy country (as 
                defined in section 771(18) of the Tariff Act of 1930 
                (19 U.S.C. 1677(18))) as of the date of enactment of 
                this subsection;
                  (B) was identified by the United States Trade 
                Representative in the most recent report required by 
                section 182 of the Trade Act of 1974 (19 U.S.C. 2242) 
                as a priority foreign country under subsection (a)(2) 
                of that section; and
                  (C) is subject to monitoring by the Trade 
                Representative under section 306 of the Trade Act of 
                1974 (19 U.S.C. 2416).
  (b) Certification.--Not later than 60 days after the date of 
enactment of this section, a transit agency that received funds 
pursuant to the CARES Act (Public Law 116-136) shall certify that the 
agency has not and shall not use such funds to purchase rolling stock 
described in subsection (a). Repayment shall also be required for any 
such agency that fails to certify in accordance with the preceding 
sentence.

SEC. 2305. DEFINITION OF URBANIZED AREAS FOLLOWING A MAJOR DISASTER.

  (a) In General.--Section 5323 of title 49, United States Code, is 
amended by adding at the end the following:
  ``(y) Urbanized Areas Following a Major Disaster.--
          ``(1) Defined term.--In this subsection, the term `decennial 
        census date' has the meaning given the term in section 141(a) 
        of title 13.
          ``(2) Urbanized area major disaster population criteria.--
        Notwithstanding section 5302, for purposes of this chapter, the 
        Secretary shall treat an area as an urbanized area for the 
        period described in paragraph (3) if--
                  ``(A) a major disaster was declared by the President 
                under section 401 of the Robert T. Stafford Disaster 
                Relief and Emergency Assistance Act (42 U.S.C. 5170) 
                for the area during the 3-year period preceding the 
                decennial census date for the 2010 decennial census or 
                for any subsequent decennial census;
                  ``(B) the area was defined and designated as an 
                `urbanized area' by the Secretary of Commerce in the 
                decennial census immediately preceding the major 
                disaster described in subparagraph (A); and
                  ``(C) the population of the area fell below 50,000 as 
                a result of the major disaster described in 
                subparagraph (A).
          ``(3) Covered period.--The Secretary shall treat an area as 
        an urbanized area under paragraph (2) during the period--
                  ``(A) beginning on--
                          ``(i) in the case of a major disaster 
                        described in paragraph (2)(A) that occurred 
                        during the 3-year period preceding the 
                        decennial census date for the 2010 decennial 
                        census, October 1 of the first fiscal year that 
                        begins after the date of enactment of this 
                        subsection; or
                          ``(ii) in the case of any other major 
                        disaster described in paragraph (2)(A), October 
                        1 of the first fiscal year--
                                  ``(I) that begins after the decennial 
                                census date for the first decennial 
                                census conducted after the major 
                                disaster; and
                                  ``(II) for which the Secretary has 
                                sufficient data from that census to 
                                determine that the area qualifies for 
                                treatment as an urbanized area under 
                                paragraph (2); and
                  ``(B) ending on the day before the first fiscal 
                year--
                          ``(i) that begins after the decennial census 
                        date for the second decennial census conducted 
                        after the major disaster described in paragraph 
                        (2)(A); and
                          ``(ii) for which the Secretary has sufficient 
                        data from that census to determine which areas 
                        are urbanized areas for purposes of this 
                        chapter.
          ``(4) Population calculation.--An area treated as an 
        urbanized area under this subsection shall be assigned the 
        population and square miles of the urbanized area designated by 
        the Secretary of Commerce in the most recent decennial census 
        conducted before the major disaster described in paragraph 
        (2)(A).
          ``(5) Savings provision.--Nothing in this subsection may be 
        construed to affect apportionments made under this chapter 
        before the date of enactment of this subsection.''.
  (b) Amendment Takes Effect on Enactment.--Notwithstanding section 
1001, the amendment made by subsection (a) shall take effect on the 
date of enactment of this Act.

SEC. 2306. SPECIAL RULE FOR CERTAIN ROLLING STOCK PROCUREMENTS.

  Section 5323(u)(5)(A) of title 49, United States Code, (as 
redesignated by this Act) is amended by striking ``made by a public 
transportation agency with a rail rolling stock manufacturer described 
in paragraph (1)'' and inserting ``as of December 20, 2019, including 
options and other requirements tied to these contracts or subcontracts, 
made by a public transportation agency with a restricted rail rolling 
stock manufacturer''.

SEC. 2307. CERTIFICATION REQUIREMENTS.

  (a) Limitation of Treatment of Domestic or U.S. Origin.--
Notwithstanding any other provision of any law or any rule, regulation, 
or policy of the Administration, including part 661 of title 49, Code 
of Federal Regulations, no article, material, or supply, shall be 
treated as a component of ``U.S. origin'' for purposes of section 661.5 
of title 49, Code of Federal Regulations, or a component or 
subcomponent of domestic origin for purposes of section 661.11 of title 
49, Code of Federal Regulations, if--
          (1) it contains any material inputs manufactured or supplied 
        by entities that--
                  (A) are subject to relief authorized under the fair 
                trade laws of the United States, including subtitle B 
                of title VII of the Tariff Act of 1930 (19 U.S.C. 1673 
                et seq.) and subtitle A of title VII of the Tariff Act 
                of 1930 (19 U.S.C. 1671 et seq.);
                  (B) are owned or controlled by entities subject to 
                United States sanctions; or
                  (C) are entities owned by a foreign government, 
                closely linked to or in partnership with a foreign 
                government or whose directors or organizational and 
                board leadership include any person serving in any 
                capacity in the defense apparatus of another nation;
          (2) it contains or uses covered telecommunications equipment 
        or services as that term is defined by section 889 of the John 
        S. McCain National Defense Authorization Act for Fiscal Year 
        2019 (Public Law 115-232); or
          (3) it is of a class or category of products and was produced 
        by a manufacturer or an affiliate of such a manufacturer found 
        to have violated United States intellectual property laws, 
        including trade secret theft under section 1832(a)(5) of title 
        18, United States Code, found to have committed economic 
        espionage under section 183J(a)(5) of such title, or deemed to 
        have infringed the intellectual property rights of any person 
        in the United States.
  (b) Certification.--If buses or other rolling stock are being 
procured, the Administrator of the Federal Transit Administration shall 
require as a condition of responsiveness that each bidder certify that 
no component, subcomponent, article, material, or supply described in 
subparagraphs (A) through (C) of subsection (a)(1) of this section is 
incorporated in or used by the rolling stock that is offered by the 
bidder.

                     Subtitle D--Bus Grant Reforms

SEC. 2401. FORMULA GRANTS FOR BUSES.

  Section 5339(a) of title 49, United States Code, is amended--
          (1) in paragraph (1)--
                  (A) by inserting ``and subsection (d)'' after ``In 
                this subsection'';
                  (B) in subparagraph (A) by striking ``term `low or no 
                emission vehicle' has'' and inserting ``term `zero 
                emission vehicle' has'';
                  (C) in subparagraph (B) by inserting ``and the 
                District of Columbia'' after ``United States''; and
                  (D) in subparagraph (C) by striking ``the District of 
                Columbia,'';
          (2) in paragraph (2)(A) by striking ``low or no emission 
        vehicles'' and inserting ``zero emission vehicles'';
          (3) in paragraph (4)--
                  (A) in subparagraph (A) by inserting ``and subsection 
                (d)'' after ``this subsection''; and
                  (B) in subparagraph (B) by inserting ``and subsection 
                (d)'' after ``this subsection'';
          (4) in paragraph (5)(A)--
                  (A) by striking ``$90,500,000'' and inserting 
                ``$156,750,000'';
                  (B) by striking ``2016 through 2020'' and inserting 
                ``2022 through 2025'';
                  (C) by striking ``$1,750,000'' and inserting 
                ``$3,000,000''; and
                  (D) by striking ``$500,000'' and inserting 
                ``$750,000'';
          (5) in paragraph (7) by adding at the end the following:
                  ``(C) Special rule for buses and related equipment 
                for zero emission vehicles.--Notwithstanding 
                subparagraph (A), a grant for a capital project for 
                buses and related equipment for zero emission vehicles 
                under this subsection shall be for 90 percent of the 
                net capital costs of the project. A recipient of a 
                grant under this subsection may provide additional 
                local matching amounts.'';
          (6) in paragraph (8) by striking ``3 fiscal years'' and 
        inserting ``4 fiscal years'' each place such term appears; and
          (7) by striking paragraph (9).

SEC. 2402. BUS FACILITIES AND FLEET EXPANSION COMPETITIVE GRANTS.

  Section 5339(b) of title 49, United States Code, is amended--
          (1) in the heading by striking ``Buses and Bus Facilities 
        Competitive Grants'' and inserting ``Bus Facilities and Fleet 
        Expansion Competitive Grants'';
          (2) in paragraph (1)--
                  (A) by striking ``buses and'';
                  (B) by inserting ``and certain buses'' after 
                ``capital projects'';
                  (C) in subparagraph (A) by striking ``buses or 
                related equipment'' and inserting ``bus-related 
                facilities''; and
                  (D) by striking subparagraph (B) and inserting the 
                following:
                  ``(B) purchasing or leasing buses that will not 
                replace buses in the applicant's fleet at the time of 
                application and will be used to--
                          ``(i) increase the frequency of bus service; 
                        or
                          ``(ii) increase the service area of the 
                        applicant.'';
          (3) by striking paragraph (2) and inserting the following:
          ``(2) Grant considerations.--In making grants--
                  ``(A) under subparagraph (1)(A), the Secretary shall 
                only consider--
                          ``(i) the age and condition of bus-related 
                        facilities of the applicant compared to all 
                        applicants and proposed improvements to the 
                        resilience (as such term is defined in section 
                        5302) of such facilities;
                          ``(ii) for a facility within or partially 
                        within the 100-year floodplain, whether such 
                        facility will be at least 2 feet above the base 
                        flood elevation; and
                          ``(iii) for a bus station, the degree of 
                        multi-modal connections at such station; and
                  ``(B) under paragraph (1)(B), the Secretary shall 
                consider the improvements to headway and projected new 
                ridership.''; and
          (4) in paragraph (6) by striking subparagraph (B) and 
        inserting the following:
                  ``(B) Government share of costs.--
                          ``(i) In general.--The Government share of 
                        the cost of an eligible project carried out 
                        under this subsection shall not exceed 80 
                        percent.
                          ``(ii) Special rule for buses and related 
                        equipment for zero emission vehicles.--
                        Notwithstanding clause (i), the Government 
                        share of the cost of an eligible project for 
                        the financing of buses and related equipment 
                        for zero emission vehicles shall not exceed 90 
                        percent.''.

SEC. 2403. ZERO EMISSION BUS GRANTS.

  (a) In General.--Section 5339(c) of title 49, United States Code, is 
amended--
          (1) in the heading by striking ``Low or No Emission Grants'' 
        and inserting ``Zero Emission Grants'';
          (2) in paragraph (1)--
                  (A) in subparagraph (B)--
                          (i) in clause (i) by striking ``low or no 
                        emission'' and inserting ``zero emission'';
                          (ii) in clause (ii) by striking ``low or no 
                        emission'' and inserting ``zero emission'';
                          (iii) in clause (iii) by striking ``low or no 
                        emission'' and inserting ``zero emission'';
                          (iv) in clause (iv) by striking ``facilities 
                        and related equipment for low or no emission'' 
                        and inserting ``related equipment for zero 
                        emission'';
                          (v) in clause (v) by striking ``facilities 
                        and related equipment for low or no emission 
                        vehicles;'' and inserting ``related equipment 
                        for zero emission vehicles; or'';
                          (vi) in clause (vii) by striking ``low or no 
                        emission'' and inserting ``zero emission'';
                          (vii) by striking clause (vi); and
                          (viii) by redesignating clause (vii) as 
                        clause (vi);
                  (B) by striking subparagraph (D) and inserting the 
                following:
                  ``(D) the term `zero emission bus' means a bus that 
                is a zero emission vehicle;'';
                  (C) by striking subparagraph (E) and inserting the 
                following:
                  ``(E) the term `zero emission vehicle' means a 
                vehicle used to provide public transportation that 
                produces no carbon dioxide or particulate matter;'';
                  (D) in subparagraph (F) by striking ``and'' at the 
                end;
                  (E) by striking subparagraph (G) and inserting the 
                following:
                  ``(G) the term `eligible area' means an area that 
                is--
                          ``(i) designated as a nonattainment area for 
                        ozone or particulate matter under section 
                        107(d) of the Clean Air Act (42 U.S.C. 
                        7407(d));
                          ``(ii) a maintenance area, as such term is 
                        defined in section 5303, for ozone or 
                        particulate matter; or
                          ``(iii) in a State that has enacted a 
                        statewide zero emission bus transition 
                        requirement, as determined by the Secretary; 
                        and''; and
                  (F) by adding at the end the following:
                  ``(H) the term `low-income community' means any 
                population census tract if--
                          ``(i) the poverty rate for such tract is at 
                        least 20 percent; or
                          ``(ii) in the case of a tract--
                                  ``(I) not located within a 
                                metropolitan area, the median family 
                                income for such tract does not exceed 
                                80 percent of statewide median family 
                                income; or
                                  ``(II) located within a metropolitan 
                                area, the median family income for such 
                                tract does not exceed 80 percent of the 
                                greater statewide median family income 
                                or the metropolitan area median family 
                                income.'';
          (3) by striking paragraph (5) and inserting the following:
          ``(5) Grant eligibility.--In awarding grants under this 
        subsection, the Secretary shall make grants to eligible 
        projects relating to the acquisition or leasing of zero 
        emission buses or bus facility improvements--
                  ``(A) that procure--
                          ``(i) at least 10 zero emission buses;
                          ``(ii) if the recipient operates less than 50 
                        buses in peak service, at least 5 zero emission 
                        buses; or
                          ``(iii) hydrogen buses;
                  ``(B) for which the recipient's board of directors 
                has approved a long-term integrated fleet management 
                plan that--
                          ``(i) establishes a goal by a set date to 
                        convert the entire bus fleet to zero emission 
                        buses; or
                          ``(ii) establishes a goal that within 10 
                        years from the date of approval of such plan 
                        the recipient will convert a set percentage of 
                        the total bus fleet of such recipient to zero 
                        emission buses; and
                  ``(C) for which the recipient has performed a fleet 
                transition study that includes optimal route planning 
                and an analysis of how utility rates may impact the 
                recipient's operations and maintenance budget.
          ``(6) Low and moderate community grants.--Not less than 10 
        percent of the amounts made available under this subsection in 
        a fiscal year shall be distributed to projects serving 
        predominantly low-income communities.''; and
          (4) by adding at the end the following:
          ``(8) Certification.--The Secretary of Commerce shall certify 
        that no projects carried out under this subsection use minerals 
        sourced or processed with child labor, as such term is defined 
        in Article 3 of the International Labor Organization Convention 
        concerning the prohibition and immediate action for the 
        elimination of the worst forms of child labor (December 2, 
        2000), or in violation of human rights.''.
  (b) Metropolitan Transportation Planning.--Section 5303(b) of title 
49, United States Code, is amended by adding at the end the following:
          ``(8) Maintenance area.--The term `maintenance area' has the 
        meaning given the term in sections 171(2) and 175A of the Clean 
        Air Act (42 U.S.C. 7501(2); 7505a).''.

SEC. 2404. RESTORATION TO STATE OF GOOD REPAIR FORMULA SUBGRANT.

  Section 5339 of title 49, United States Code, is amended by adding at 
the end the following:
  ``(d) Restoration to State of Good Repair Formula Subgrant.--
          ``(1) General authority.--The Secretary may make grants under 
        this subsection to assist eligible recipients and subrecipients 
        described in paragraph (2) in financing capital projects to 
        replace, rehabilitate, and purchase buses and related 
        equipment.
          ``(2) Eligible recipients and subrecipients.--Not later than 
        September 1 annually, the Secretary shall make public a list of 
        eligible recipients and subrecipients based on the most recent 
        data available in the National Transit Database to calculate 
        the 20 percent of eligible recipients and subrecipients with 
        the highest percentage of asset vehicle miles for buses beyond 
        the useful life benchmark established by the Federal Transit 
        Administration.
          ``(3) Urban apportionments.--Funds allocated under section 
        5338(a)(2)(L)(ii) shall be--
                  ``(A) distributed to--
                          ``(i) designated recipients in an urbanized 
                        area with a population of more than 200,000 
                        made eligible by paragraph (1); and
                          ``(ii) States based on subrecipients made 
                        eligible by paragraph (1) in an urbanized area 
                        under 200,000; and
                  ``(B) allocated pursuant to the formula set forth in 
                section 5336 other than subsection (b), using the data 
                from the 20 percent of eligible recipients and 
                subrecipients.
          ``(4) Rural allocation.--The Secretary shall--
                  ``(A) calculate the percentage of funds under section 
                5338(a)(2)(L)(ii) to allocate to rural subrecipients by 
                dividing--
                          ``(i) the asset vehicle miles for buses 
                        beyond the useful life benchmark (established 
                        by the Federal Transit Administration) of the 
                        rural subrecipients described in paragraph (2); 
                        by
                          ``(ii) the total asset vehicle miles for 
                        buses beyond such benchmark of all eligible 
                        recipients and subrecipients described in 
                        paragraph (2); and
                  ``(B) prior to the allocation described in paragraph 
                (3)(B), apportion to each State the amount of the total 
                rural allocation calculated under subparagraph (A) 
                attributable to such State based the proportion that--
                          ``(i) the asset vehicle miles for buses 
                        beyond the useful life benchmark (established 
                        by the Federal Transit Administration) for 
                        rural subrecipients described in paragraph (2) 
                        in such State; bears to
                          ``(ii) the total asset vehicle miles 
                        described in subparagraph (A)(i).
          ``(5) Application of other provisions.--Paragraphs (3), (7), 
        and (8) of subsection (a) shall apply to eligible recipients 
        and subrecipients described in paragraph (2) of a grant under 
        this subsection.
          ``(6) Prohibition.--No eligible recipient or subrecipient 
        outside the top 5 percent of asset vehicle miles for buses 
        beyond the useful life benchmark established by the Federal 
        Transit Administration may receive a grant in both fiscal year 
        2022 and fiscal year 2023.
          ``(7) Requirement.--The Secretary shall require--
                  ``(A) States to expend, to the benefit of the 
                subrecipients eligible under paragraph (2), the 
                apportioned funds attributed to such subrecipients; and
                  ``(B) designated recipients to provide the allocated 
                funds to the recipients eligible under paragraph (2) 
                the apportioned funds attributed to such recipients.''.

                   Subtitle E--Supporting All Riders

SEC. 2501. LOW-INCOME URBAN FORMULA FUNDS.

  Section 5336(j) of title 49, United States Code, is amended
          (1) in paragraph (1) by striking ``75 percent'' and inserting 
        ``50 percent'';
          (2) in paragraph (2) by striking ``25 percent'' and inserting 
        ``12.5 percent''; and
          (3) by adding at the end the following:
          ``(3) 30 percent of the funds shall be apportioned among 
        designated recipients for urbanized areas with a population of 
        200,000 or more in the ratio that--
                  ``(A) the number of individuals in each such 
                urbanized area residing in an urban census tract with a 
                poverty rate of at least 20 percent during the 5 years 
                most recently ending; bears to
                  ``(B) the number of individuals in all such urbanized 
                areas residing in an urban census tract with a poverty 
                rate of at least 20 percent during the 5 years most 
                recently ending; and
          ``(4) 7.5 percent of the funds shall be apportioned among 
        designated recipients for urbanized areas with a population 
        less than 200,000 in the ratio that--
                  ``(A) the number of individuals in each such 
                urbanized area residing in an urban census tract with a 
                poverty rate of at least 20 percent during the 5 years 
                most recently ending; bears to
                  ``(B) the number of individuals in all such areas 
                residing in an urban census tract with a poverty rate 
                of at least 20 percent during the 5 years most recently 
                ending.''.

SEC. 2502. RURAL PERSISTENT POVERTY FORMULA.

  Section 5311 of title 49, United States Code, as amended in section 
2204, is further amended--
          (1) in subsection (a) by adding at the end the following:
          ``(3) Persistent poverty county.--The term `persistent 
        poverty county' means any county with a poverty rate of at 
        least 20 percent--
                  ``(A) as determined in each of the 1990 and 2000 
                decennial censuses;
                  ``(B) in the Small Area Income and Poverty Estimates 
                of the Bureau of the Census for the most recent year 
                for which the estimates are available; and
                  ``(C) has at least 25 percent of its population in 
                rural areas.'';
          (2) in subsection (b)(2)(C)(i) by inserting ``and persistent 
        poverty counties'' before the semicolon; and
          (3) in subsection (c) by striking paragraph (2) and inserting 
        the following:
          ``(2) Persistent poverty public transportation assistance 
        program.--
                  ``(A) In general.--The Secretary shall carry out a 
                public transportation assistance program for areas of 
                persistent poverty.
                  ``(B) Apportionment.--Of amounts made available or 
                appropriated for each fiscal year under section 
                5338(a)(2)(E)(ii) to carry out this paragraph, the 
                Secretary shall apportion funds to recipients for 
                service in, or directly benefitting, persistent poverty 
                counties for any eligible purpose under this section in 
                the ratio that--
                          ``(i) the number of individuals in each such 
                        rural area residing in a persistent poverty 
                        county; bears to
                          ``(ii) the number of individuals in all such 
                        rural areas residing in a persistent poverty 
                        county.''.

SEC. 2503. DEMONSTRATION GRANTS TO SUPPORT REDUCED FARE TRANSIT.

  Section 5312 of title 49, United States Code, is amended by adding at 
the end the following:
  ``(j) Demonstration Grants to Support Reduced Fare Transit.--
          ``(1) In general.--Not later than 300 days after the date of 
        enactment of the INVEST in America Act, the Secretary shall 
        award grants (which shall be known as `Access to Jobs Grants') 
        to eligible entities, on a competitive basis, to implement 
        reduced fare transit service.
          ``(2) Notice.--Not later than 180 days after the date of 
        enactment of the INVEST in America Act, the Secretary shall 
        provide notice to eligible entities of the availability of 
        grants under paragraph (1).
          ``(3) Application.--To be eligible to receive a grant under 
        this subsection, an eligible recipient shall submit to the 
        Secretary an application containing such information as the 
        Secretary may require, including, at a minimum, the following:
                  ``(A) A description of how the eligible entity plans 
                to implement reduced fare transit access with respect 
                to low-income individuals, including any eligibility 
                requirements for such transit access.
                  ``(B) A description of how the eligible entity will 
                consult with local community stakeholders, labor 
                unions, local education agencies and institutions of 
                higher education, public housing agencies, and 
                workforce development boards in the implementation of 
                reduced fares.
                  ``(C) A description of the eligible entity's current 
                fare evasion enforcement policies, including how the 
                eligible entity plans to use the reduced fare program 
                to reduce fare evasion.
                  ``(D) An estimate of additional costs to such 
                eligible entity as a result of reduced transit fares.
          ``(4) Grant duration.--Grants awarded under this subsection 
        shall be for a 2-year period.
          ``(5) Selection of eligible recipients.--In carrying out the 
        program under this subsection, the Secretary shall award not 
        more than 20 percent of grants to eligible entities located in 
        rural areas.
          ``(6) Uses of funds.--An eligible entity receiving a grant 
        under this subsection shall use such grant to implement a 
        reduced fare transit program and offset lost fare revenue.
          ``(7) Definitions.--In this subsection:
                  ``(A) Eligible entity.--The term `eligible entity' 
                means a State, local, or Tribal governmental entity 
                that operates a public transportation service and is a 
                recipient or subrecipient of funds under this chapter.
                  ``(B) Low-income individual.--The term `low-income 
                individual' means an individual--
                          ``(i) that has qualified for--
                                  ``(I) any program of medical 
                                assistance under a State plan or under 
                                a waiver of the plan under title XIX of 
                                the Social Security Act (42 U.S.C. 1396 
                                et seq.);
                                  ``(II) supplemental nutrition 
                                assistance program (SNAP) under the 
                                Food and Nutrition Act of 2008 (7 
                                U.S.C. 2011 et seq.);
                                  ``(III) the program of block grants 
                                for States for temporary assistance for 
                                needy families (TANF) established under 
                                part A of title IV of the Social 
                                Security Act (42 U.S.C. 601 et seq.);
                                  ``(IV) the free and reduced price 
                                school lunch program established under 
                                the Richard B. Russell National School 
                                Lunch Act (42 U.S.C. 1751 et seq.);
                                  ``(V) a housing voucher through 
                                section 8(o) of the United States 
                                Housing Act of 1937 (42 U.S.C. 
                                1437f(o));
                                  ``(VI) benefits under the Low-Income 
                                Home Energy Assistance Act of 1981; or
                                  ``(VII) special supplemental food 
                                program for women, infants and children 
                                (WIC) under section 17 of the Child 
                                Nutrition Act of 1966 (42 U.S.C. 1786); 
                                or
                          ``(ii) whose family income is at or below a 
                        set percent (as determined by the eligible 
                        recipient) of the poverty line (as that term is 
                        defined in section 673(2) of the Community 
                        Service Block Grant Act (42 U.S.C. 9902(2)), 
                        including any revision required by that 
                        section) for a family of the size involved.
          ``(8) Report.--The Secretary shall designate a university 
        transportation center under section 5505 to collaborate with 
        the eligible entities receiving a grant under this subsection 
        to collect necessary data to evaluate the effectiveness of 
        meeting the targets described in the application of such 
        recipient, including increased ridership and progress towards 
        significantly closing transit equity gaps.''.

     Subtitle F--Supporting Frontline Workers and Passenger Safety

SEC. 2601. NATIONAL TRANSIT FRONTLINE WORKFORCE TRAINING CENTER.

  Section 5314(b) of title 49, United States Code, is amended--
          (1) by striking paragraph (2) and inserting the following:
          ``(2) National transit frontline workforce training center.--
                  ``(A) Establishment.--The Secretary shall establish a 
                national transit frontline workforce training center 
                (hereinafter referred to as the `Center') and award 
                grants to a nonprofit organization with a demonstrated 
                capacity to develop and provide transit career ladder 
                programs through labor-management partnerships and 
                apprenticeships on a nationwide basis, in order to 
                carry out the duties under subparagraph (B). The Center 
                shall be dedicated to the needs of the frontline 
                transit workforce in both rural and urban transit 
                systems by providing standards-based training in the 
                maintenance and operations occupations.
                  ``(B) Duties.--
                          ``(i) In general.--In cooperation with the 
                        Administrator of the Federal Transit 
                        Administration, public transportation 
                        authorities, and national entities, the Center 
                        shall develop and conduct training and 
                        educational programs for frontline local 
                        transportation employees of recipients eligible 
                        for funds under this chapter.
                          ``(ii) Training and educational programs.--
                        The training and educational programs developed 
                        under clause (i) may include courses in recent 
                        developments, techniques, and procedures 
                        related to--
                                  ``(I) developing consensus national 
                                training standards in partnership with 
                                industry stakeholders for key frontline 
                                transit occupations with demonstrated 
                                skill gaps;
                                  ``(II) developing national systems of 
                                qualification and apprenticeship for 
                                transit maintenance and operations 
                                occupations;
                                  ``(III) building local, regional, and 
                                statewide transit training partnerships 
                                to identify and address workforce skill 
                                gaps and develop skills needed for 
                                delivering quality transit service and 
                                supporting employee career advancement;
                                  ``(IV) developing programs for 
                                training of transit frontline workers, 
                                instructors, mentors, and labor-
                                management partnership representatives, 
                                in the form of classroom, hands-on, on-
                                the-job, and web-based training, 
                                delivered at a national center, 
                                regionally, or at individual transit 
                                agencies;
                                  ``(V) developing training programs 
                                for skills related to existing and 
                                emerging transit technologies, 
                                including zero emission buses;
                                  ``(VI) developing improved capacity 
                                for safety, security, and emergency 
                                preparedness in local transit systems 
                                and in the industry as a whole 
                                through--
                                          ``(aa) developing the role of 
                                        the transit frontline workforce 
                                        in building and sustaining 
                                        safety culture and safety 
                                        systems in the industry and in 
                                        individual public 
                                        transportation systems; and
                                          ``(bb) training to address 
                                        transit frontline worker roles 
                                        in promoting health and safety 
                                        for transit workers and the 
                                        riding public;
                                  ``(VII) developing local transit 
                                capacity for career pathways 
                                partnerships with schools and other 
                                community organizations for recruiting 
                                and training under-represented 
                                populations as successful transit 
                                employees who can develop careers in 
                                the transit industry; and
                                  ``(VIII) in collaboration with the 
                                Administrator of the Federal Transit 
                                Administration and organizations 
                                representing public transit agencies, 
                                conducting and disseminating research 
                                to--
                                          ``(aa) provide transit 
                                        workforce job projections and 
                                        identify training needs and 
                                        gaps;
                                          ``(bb) determine the most 
                                        cost-effective methods for 
                                        transit workforce training and 
                                        development, including return 
                                        on investment analysis;
                                          ``(cc) identify the most 
                                        effective methods for 
                                        implementing successful safety 
                                        systems and a positive safety 
                                        culture; and
                                          ``(dd) promote transit 
                                        workforce best practices for 
                                        achieving cost-effective, 
                                        quality, safe, and reliable 
                                        public transportation services.
                  ``(C) Coordination.--The Secretary shall coordinate 
                activities under this section, to the maximum extent 
                practicable, with the National Office of Apprenticeship 
                of the Department of Labor and the Office of Career, 
                Technical, and Adult Education of the Department of 
                Education.
                  ``(D) Availability of amounts.--
                          ``(i) In general.--Not more than 1 percent of 
                        amounts made available to a recipient under 
                        sections 5307, 5311, 5337, and 5339 is 
                        available for expenditures by the recipient, 
                        with the approval of the Secretary, to pay not 
                        more than 80 percent of the cost of eligible 
                        activities under this subsection.
                          ``(ii) Existing programs.--A recipient may 
                        use amounts made available under clause (i) to 
                        carry out existing local education and training 
                        programs for public transportation employees 
                        supported by the Secretary, the Department of 
                        Labor, or the Department of Education.'';
          (2) in paragraph (3) by striking ``or (2)''; and
          (3) by striking paragraph (4).

SEC. 2602. PUBLIC TRANSPORTATION SAFETY PROGRAM.

  Section 5329 of title 49, United States Code, is amended--
          (1) in subsection (b)(2)(C)(ii)--
                  (A) in subclause (I) by striking ``and'' at the end;
                  (B) in subclause (II) by striking the semicolon and 
                inserting ``; and''; and
                  (C) by adding at the end the following:
                                  ``(III) innovations in driver 
                                assistance technologies and driver 
                                protection infrastructure where 
                                appropriate, and a reduction in 
                                visibility impairments that contribute 
                                to pedestrian fatalities.'';
          (2) in subsection (d)--
                  (A) in paragraph (1)--
                          (i) in subparagraph (A) by inserting ``the 
                        safety committee established under paragraph 
                        (4), and subsequently,'' before ``the board of 
                        directors'';
                          (ii) in subparagraph (C) by striking 
                        ``public, personnel, and property'' and 
                        inserting ``public and personnel to injuries, 
                        assaults, and fatalities, and strategies to 
                        minimize the exposure of property'';
                          (iii) by striking subparagraph (G) and 
                        inserting the following:
                  ``(G) a comprehensive staff training program for the 
                operations and maintenance personnel and personnel 
                directly responsible for safety of the recipient that 
                includes--
                          ``(i) the completion of a safety training 
                        program;
                          ``(ii) continuing safety education and 
                        training; and
                          ``(iii) de-escalation training;
                  ``(H) a requirement that the safety committee only 
                approve a safety plan under subparagraph (A) if such 
                plan stays within such recipient's fiscal budget; and
                  ``(I) a risk reduction program for transit operations 
                to improve safety by reducing the number and rates of 
                accidents, injuries, and assaults on transit workers 
                using data submitted to the National Transit Database, 
                including--
                          ``(i) a reduction of vehicular and pedestrian 
                        accidents involving buses that includes 
                        measures to reduce visibility impairments for 
                        bus operators that contribute to accidents, 
                        including retrofits to buses in revenue service 
                        and specifications for future procurements that 
                        reduce visibility impairments; and
                          ``(ii) transit worker assault mitigation, 
                        including the deployment of assault mitigation 
                        infrastructure and technology on buses, 
                        including barriers to restrict the unwanted 
                        entry of individuals and objects into bus 
                        operators' workstations when a recipient's risk 
                        analysis performed by the safety committee 
                        established in paragraph (4) determines that 
                        such barriers or other measures would reduce 
                        assaults on and injuries to transit workers; 
                        and''; and
                  (B) by adding at the end the following:
          ``(4) Safety committee.--For purposes of the approval process 
        of an agency safety plan under paragraph (1), the safety 
        committee shall be convened by a joint labor-management process 
        and consist of an equal number of--
                  ``(A) frontline employee representatives, selected by 
                the labor organization representing the plurality of 
                the frontline workforce employed by the recipient or if 
                applicable a contractor to the recipient; and
                  ``(B) employer or State representatives.''; and
          (3) in subsection (e)(4)(A)(v) by inserting ``, inspection,'' 
        after ``has investigative''.

SEC. 2603. INNOVATION WORKFORCE STANDARDS.

  (a) Prohibition on Use of Funds.--No financial assistance under 
chapter 53 of title 49, United States Code, may be used for--
          (1) an automated vehicle providing public transportation 
        unless--
                  (A) the recipient of such assistance that proposes to 
                deploy an automated vehicle providing public 
                transportation certifies to the Secretary of 
                Transportation that the deployment does not duplicate, 
                eliminate, or reduce the frequency of existing public 
                transportation service; and
                  (B) the Secretary receives, approves, and publishes 
                the workforce development plan under subsection (b) 
                submitted by the eligible entity when required by 
                subsection (b)(1); and
          (2) a mobility on demand service unless--
                  (A) the recipient of such assistance that proposes to 
                deploy a mobility on demand service certifies to the 
                Secretary that the service meets the criteria under 
                section 5316 of title 49, United States Code; and
                  (B) the Secretary receives, approves, and publishes 
                the workforce development plan under subsection (b) 
                submitted by the eligible entity when required by 
                subsection (b)(1).
  (b) Workforce Development Plan.--
          (1) In general.--A recipient of financial assistance under 
        chapter 53 of title 49, United States Code, proposing to deploy 
        an automated vehicle providing public transportation or 
        mobility on demand service shall submit to the Secretary, prior 
        to implementation of such service, a workforce development plan 
        if such service, combined with any other automated vehicle 
        providing public transportation or mobility on demand service 
        offered by such recipient, would exceed by more than 0.5 
        percent of the recipient's total transit passenger miles 
        traveled.
          (2) Contents.--The workforce development plan under 
        subsection (a) shall include the following:
                  (A) A description of services offered by existing 
                modes of public transportation in the area served by 
                the recipient that could be affected by the proposed 
                automated vehicle providing public transportation or 
                mobility on demand service, including jobs and 
                functions of such jobs.
                  (B) A forecast of the number of jobs provided by 
                existing modes of public transportation that would be 
                eliminated or that would be substantially changed and 
                the number of jobs expected to be created by the 
                proposed automated vehicle providing public 
                transportation or mobility on demand service over a 5-
                year period from the date of the publication of the 
                workforce development plan.
                  (C) Identified gaps in skills needed to operate and 
                maintain the proposed automated vehicle providing 
                public transportation or mobility on demand service.
                  (D) A comprehensive plan to transition, train, or 
                retrain employees that could be affected by the 
                proposed automated vehicle providing public 
                transportation or mobility on demand service.
                  (E) An estimated budget to transition, train, or 
                retrain employees impacted by the proposed automated 
                vehicle providing public transportation or mobility on 
                demand service over a 5-year period from the date of 
                the publication of the workforce development plan.
  (c) Notice Required.--
          (1) In general.--A recipient of financial assistance under 
        chapter 53 of title 49, United States Code, shall issue a 
        notice to employees who, due to the use of an automated vehicle 
        providing public transportation or mobility on demand service, 
        may be subjected to a loss of employment or a change in 
        responsibilities not later than 60 days before issuing a 
        request for proposals to procure or contract for such a 
        vehicle.
          (2) Content.--The notice required in paragraph (1) shall 
        include the following:
                  (A) A description of the automated vehicle providing 
                public transportation or mobility on demand service.
                  (B) The impact of the automated vehicle providing 
                public transportation or mobility on demand service on 
                employment positions, including a description of which 
                employment positions will be affected and whether any 
                new positions will be created.
  (d) Definitions.--In this section:
          (1) Automated vehicle.--The term ``automated vehicle'' means 
        a motor vehicle that--
                  (A) is capable of performing the entire task of 
                driving (including steering, accelerating and 
                decelerating, and reacting to external stimulus) 
                without human intervention; and
                  (B) is designed to be operated exclusively by a Level 
                4 or Level 5 automated driving system for all trips 
                according to the recommended practice standards 
                published on June 15, 2018, by the Society of 
                Automotive Engineers International (J3016_201806) or 
                equivalent standards adopted by the Secretary with 
                respect to automated motor vehicles.
          (2) Mobility on demand.--The term ``mobility on demand'' has 
        the meaning given such term in section 5316 of title 49, United 
        States Code.
          (3) Public transportation.--The term ``public 
        transportation'' has the meaning given such term in section 
        5302 of title 49, United States Code.

SEC. 2604. SAFETY PERFORMANCE MEASURES AND SET ASIDES.

  Section 5329(d)(2) of title 49, United States Code, is amended to 
read as follows:
          ``(2) Safety committee performance measures.--
                  ``(A) In general.--The safety committee described in 
                paragraph (4) shall establish performance measures for 
                the risk reduction program in paragraph (1)(I) using a 
                3-year rolling average of the data submitted by the 
                recipient to the National Transit Database.
                  ``(B) Safety set aside.--With respect to a recipient 
                serving an urbanized area that receives funds under 
                section 5307, such recipient shall allocate not less 
                than 0.75 percent of such funds to projects eligible 
                under 5307.
                  ``(C) Failure to meet performance measures.--Any 
                recipient that receives funds under section 5307 that 
                does not meet the performance measures established in 
                subparagraph (A) shall allocate the amount made 
                available in subparagraph (B) in the following fiscal 
                year to projects described in subparagraph (D).
                  ``(D) Eligible projects.--Funds set aside under this 
                paragraph shall be used for projects that are 
                reasonably likely to meet the performance measures 
                established in subparagraph (A), including 
                modifications to rolling stock and de-escalation 
                training.''.

SEC. 2605. U.S. EMPLOYMENT PLAN.

  (a) In General.--Chapter 53 of title 49, United States Code, is 
amended by adding at the end the following:

``Sec. 5341. U.S. Employment Plan

  ``(a) Definitions.--In this section:
          ``(1) Commitment to high-quality career and business 
        opportunities.--The term `commitment to high-quality career and 
        business opportunities' means participation in a registered 
        apprenticeship program.
          ``(2) Covered infrastructure program.--The term `covered 
        infrastructure program' means any activity under program or 
        project under this chapter for the purchase or acquisition of 
        rolling stock.
          ``(3) U.S. employment plan.--The term `U.S. Employment Plan' 
        means a plan under which an entity receiving Federal assistance 
        for a project under a covered infrastructure program shall--
                  ``(A) include in a request for proposal an 
                encouragement for bidders to include, with respect to 
                the project--
                          ``(i) high-quality wage, benefit, and 
                        training commitments by the bidder and the 
                        supply chain of the bidder for the project; and
                          ``(ii) a commitment to recruit and hire 
                        individuals described in subsection (e) if the 
                        project results in the hiring of employees not 
                        currently or previously employed by the bidder 
                        and the supply chain of the bidder for the 
                        project;
                  ``(B) give preference for the award of the contract 
                to a bidder that includes the commitments described in 
                clauses (i) and (ii) of subparagraph (A); and
                  ``(C) ensure that each bidder that includes the 
                commitments described in clauses (i) and (ii) of 
                subparagraph (A) that is awarded a contract complies 
                with those commitments.
          ``(4) Registered apprenticeship program.--The term 
        `registered apprenticeship program' means an apprenticeship 
        program registered with the Department of Labor or a Federally-
        recognized State Apprenticeship Agency and that complies with 
        the requirements under parts 29 and 30 of title 29, Code of 
        Federal Regulations, as in effect on January 1, 2019.
  ``(b) Best-value Framework.--To the maximum extent practicable, a 
recipient of assistance under a covered infrastructure program is 
encouraged--
          ``(1) to ensure that each dollar invested in infrastructure 
        uses a best-value contracting framework to maximize the local 
        value of federally funded contracts by evaluating bids on price 
        and other technical criteria prioritized in the bid, such as--
                  ``(A) equity;
                  ``(B) environmental and climate justice;
                  ``(C) impact on greenhouse gas emissions;
                  ``(D) resilience;
                  ``(E) the results of a 40-year life-cycle analysis;
                  ``(F) safety;
                  ``(G) commitment to creating or sustaining high-
                quality job opportunities affiliated with registered 
                apprenticeship programs (as defined in subsection 
                (a)(3)) for disadvantaged or underrepresented 
                individuals in infrastructure industries in the United 
                States; and
                  ``(H) access to jobs and essential services by all 
                modes of travel for all users, including disabled 
                individuals; and
          ``(2) to ensure community engagement, transparency, and 
        accountability in carrying out each stage of the project.
  ``(c) Preference for Registered Apprenticeship Programs.--To the 
maximum extent practicable, a recipient of assistance under a covered 
infrastructure program, with respect to the project for which the 
assistance is received, shall give preference to a bidder that 
demonstrates a commitment to high-quality job opportunities affiliated 
with registered apprenticeship programs.
  ``(d) Use of U.S. Employment Plan.--Notwithstanding any other 
provision of law, in carrying out a project under a covered 
infrastructure program, each entity that receives Federal assistance 
shall use a U.S. Employment Plan for each contract of $10,000,000 or 
more for the purchase of manufactured goods or of services, based on an 
independent cost estimate.
  ``(e) Priority.--The head of the relevant Federal agency shall ensure 
that the entity carrying out a project under the covered infrastructure 
program gives priority to--
          ``(1) individuals with a barrier to employment (as defined in 
        section 3 of the Workforce Innovation and Opportunity Act (29 
        U.S.C. 3102)), including ex-offenders and disabled individuals;
          ``(2) veterans; and
          ``(3) individuals that represent populations that are 
        traditionally underrepresented in the infrastructure workforce, 
        such as women and racial and ethnic minorities.
  ``(f) Report.--Not less frequently than once each fiscal year, the 
heads of the relevant Federal agencies shall jointly submit to Congress 
a report describing the implementation of this section.
  ``(g) Intent of Congress.--
          ``(1) In general.--It is the intent of Congress--
                  ``(A) to encourage recipients of Federal assistance 
                under covered infrastructure programs to use a best-
                value contracting framework described in subsection (b) 
                for the purchase of goods and services;
                  ``(B) to encourage recipients of Federal assistance 
                under covered infrastructure programs to use 
                preferences for registered apprenticeship programs as 
                described in subsection (c) when evaluating bids for 
                projects using that assistance;
                  ``(C) to require that recipients of Federal 
                assistance under covered infrastructure programs use 
                the U.S. Employment Plan in carrying out the project 
                for which the assistance was provided; and
                  ``(D) that full and open competition under covered 
                infrastructure programs means a procedural competition 
                that prevents corruption, favoritism, and unfair 
                treatment by recipient agencies.
          ``(2) Inclusion.--A best-value contracting framework 
        described in subsection (b) is a framework that authorizes a 
        recipient of Federal assistance under a covered infrastructure 
        program, in awarding contracts, to evaluate a range of factors, 
        including price, the quality of products, the quality of 
        services, and commitments to the creation of good jobs for all 
        people in the United States.
  ``(h) Award Basis.--
          ``(1) Priority for targeted hiring or u.s. employment plan 
        projects.--In awarding grants under this section, the Secretary 
        shall give priority to eligible entities that--
                  ``(A) ensure that not less than 50 percent of the 
                workers hired to participate in the job training 
                program are hired through local hiring in accordance 
                with subsection (e), including by prioritizing 
                individuals with a barrier to employment (including ex-
                offenders), disabled individuals (meaning an individual 
                with a disability (as defined in section 3 of the 
                Americans with Disabilities Act of 1990 (42 U.S.C. 
                12102)), veterans, and individuals that represent 
                populations that are traditionally underrepresented in 
                the infrastructure workforce; or
                  ``(B) ensure the commitments described in clauses (i) 
                and (ii) of subsection (a)(2)(A) with respect to 
                carrying out the job training program.''.
  (b) Clerical Amendment.--The analysis for chapter 53 of title 49, 
United States Code, is amended by adding at the end the following:

``5341. U.S. Employment Plan.''.

SEC. 2606. TECHNICAL ASSISTANCE AND WORKFORCE DEVELOPMENT.

  (a) In General.--Section 5314(a) of title 49, Unites States Code, is 
amended--
          (1) in paragraph (2)--
                  (A) in subparagraph (H) by striking ``and'' at the 
                end;
                  (B) by redesignating subparagraph (I) as subparagraph 
                (J); and
                  (C) by inserting after subparagraph (H) the 
                following:
                  ``(I) provide innovation and capacity-building to 
                rural and tribal public transportation recipients but 
                that not to duplicate the activities of sections 
                5311(b) or 5312; and''; and
          (2) by adding at the end the following:
          ``(4) Availability of amounts.--Of the amounts made available 
        to carry out this section under section 5338(c), $1,500,000 
        shall be available to carry out activities described in 
        paragraph (2)(I).''.
  (b) Availability of Amounts.-- Section 5314(c)(4)(A) of title 49, 
United States Code, is amended by inserting ``5311,'' after ``5307,''.

               Subtitle G--Transit-Supportive Communities

SEC. 2701. TRANSIT-SUPPORTIVE COMMUNITIES.

  (a) In General.--Chapter 53 of title 49, United States Code, is 
amended by inserting after section 5327 the following:

``Sec. 5328. Transit-supportive communities

  ``(a) Establishment.--The Secretary shall establish within the 
Federal Transit Administration, an Office of Transit-Supportive 
Communities to make grants, provide technical assistance, and assist in 
the coordination of transit and housing policies within the Federal 
Transit Administration, the Department of Transportation, and across 
the Federal Government.
  ``(b) Transit Oriented Development Planning Grant Program.--
          ``(1) Definition.--In this subsection the term `eligible 
        project' means--
                  ``(A) a new fixed guideway capital project or a core 
                capacity improvement project as defined in section 
                5309;
                  ``(B) an existing fixed guideway system, or an 
                existing station that is served by a fixed guideway 
                system; or
                  ``(C) the immediate corridor along the highest 25 
                percent of routes by ridership as demonstrated in 
                section 5336(b)(2)(B).
          ``(2) General authority.--The Secretary may make grants under 
        this subsection to a State , local governmental authority, or 
        metropolitan planning organization to assist in financing 
        comprehensive planning associated with an eligible project that 
        seeks to--
                  ``(A) enhance economic development, ridership, and 
                other goals established during the project development 
                and engineering processes or the grant application;
                  ``(B) facilitate multimodal connectivity and 
                accessibility;
                  ``(C) increase access to transit hubs for pedestrian 
                and bicycle traffic;
                  ``(D) enable mixed-use development;
                  ``(E) identify infrastructure needs associated with 
                the eligible project; and
                  ``(F) include private sector participation.
          ``(3) Eligibility.--A State , local governmental authority, 
        or metropolitan planning organization that desires to 
        participate in the program under this subsection shall submit 
        to the Secretary an application that contains at a minimum--
                  ``(A) an identification of an eligible project;
                  ``(B) a schedule and process for the development of a 
                comprehensive plan;
                  ``(C) a description of how the eligible project and 
                the proposed comprehensive plan advance the 
                metropolitan transportation plan of the metropolitan 
                planning organization;
                  ``(D) proposed performance criteria for the 
                development and implementation of the comprehensive 
                plan;
                  ``(E) a description of how the project will reduce 
                and mitigate social and economic impacts on existing 
                residents and businesses vulnerable to displacement; 
                and
                  ``(F) identification of--
                          ``(i) partners;
                          ``(ii) availability of and authority for 
                        funding; and
                          ``(iii) potential State, local or other 
                        impediments to the implementation of the 
                        comprehensive plan.
          ``(4) Cost share.--A grant under this subsection shall not 
        exceed an amount in excess of 80 percent of total project 
        costs, except that a grant that includes an affordable housing 
        component shall not exceed an amount in excess of 90 percent of 
        total project costs.
  ``(c) Technical Assistance.--The Secretary shall provide technical 
assistance to States, local governmental authorities, and metropolitan 
planning organizations in the planning and development of transit-
oriented development projects and transit supportive corridor policies, 
including--
          ``(1) the siting, planning, financing, and integration of 
        transit-oriented development projects;
          ``(2) the integration of transit-oriented development and 
        transit-supportive corridor policies in the preparation for and 
        development of an application for funding under section 602 of 
        title 23;
          ``(3) the siting, planning, financing, and integration of 
        transit-oriented development and transit supportive corridor 
        policies associated with projects under section 5309;
          ``(4) the development of housing feasibility assessments as 
        allowed under section 5309(g)(3)(B);
          ``(5) the development of transit-supportive corridor policies 
        that promote transit ridership and transit-oriented 
        development;
          ``(6) the development, implementation, and management of land 
        value capture programs; and
          ``(7) the development of model contracts, model codes, and 
        best practices for the implementation of transit-oriented 
        development projects and transit-supportive corridor policies.
  ``(d) Value Capture Policy Requirements.--
          ``(1) Value capture policy.--Not later than October 1 of the 
        fiscal year that begins 2 years after the date of enactment of 
        this section, the Secretary, in collaboration with State 
        departments of transportation, metropolitan planning 
        organizations, and regional council of governments, shall 
        establish voluntary and consensus-based value capture 
        standards, policies, and best practices for State and local 
        value capture mechanisms that promote greater investments in 
        public transportation and affordable transit-oriented 
        development.
          ``(2) Report.--Not later than 15 months after the date of 
        enactment of this section, the Secretary shall make available 
        to the public a report cataloging examples of State and local 
        laws and policies that provide for value capture and value 
        sharing that promote greater investment in public 
        transportation and affordable transit-oriented development.
  ``(d) Equity.--In providing technical assistance under subsection 
(c), the Secretary shall incorporate strategies to promote equity for 
underrepresented and underserved communities, including--
          ``(1) preventing displacement of existing residents and 
        businesses;
          ``(2) mitigating rent and housing price increases;
          ``(3) incorporating affordable rental and ownership housing 
        in transit-oriented development;
          ``(4) engaging under-served, limited English proficiency, low 
        income, and minority communities in the planning process;
          ``(5) fostering economic development opportunities for 
        existing residents and businesses; and
          ``(6) targeting affordable housing that help lessen 
        homelessness.
  ``(d) Authority to Request Staffing Assistance.--In fulfilling the 
duties of this section, the Secretary shall, as needed, request 
staffing and technical assistance from other Federal agencies, 
programs, administrations, boards, or commissions.
  ``(e) Review Existing Policies and Programs.--Not later than 24 
months after the date of enactment of this section, the Secretary shall 
review and evaluate all existing policies and programs within the 
Federal Transit Administration that support or promote transit-oriented 
development to ensure their coordination and effectiveness relative to 
the goals of this section.
  ``(f) Reporting.--Not later than February 1 of each year beginning 
the year after the date of enactment of this section, the Secretary 
shall prepare a report detailing the grants and technical assistance 
provided under this section, the number of affordable housing units 
constructed or planned as a result of projects funded in this section, 
and the number of affordable housing units constructed or planned as a 
result of a property transfer under section 5334(h)(1). The report 
shall be provided to the Committee on Transportation and Infrastructure 
of the House of Representatives and the Committee on Banking, Housing, 
and Urban Affairs of the Senate.
  ``(g) Savings Clause.--Nothing in this section authorizes the 
Secretary to provide any financial assistance for the construction of 
housing.''.
  (b) Clerical Amendment.--The analysis for chapter 53 of title 49, 
United States Code, is amended by inserting after the item relating to 
section 5327 the following:

``5328. Transit-supportive communities.''.

  (c) Technical and Conforming Amendment.--Section 20005 of the MAP-21 
(Public Law 112-141) is amended--
          (1) by striking ``(a) Amendment.--''; and
          (2) by striking subsection (b).

SEC. 2702. PROPERTY DISPOSITION FOR AFFORDABLE HOUSING.

  Section 5334(h)(1) of title 49, United States Code, is amended to 
read as follows:
          ``(1) In general.--If a recipient of assistance under this 
        chapter decides an asset acquired under this chapter at least 
        in part with that assistance is no longer needed for the 
        purpose for which such asset was acquired, the Secretary may 
        authorize the recipient to transfer such asset to--
                  ``(A) a local governmental authority to be used for a 
                public purpose with no further obligation to the 
                Government if the Secretary decides--
                          ``(i) the asset will remain in public use for 
                        at least 5 years after the date the asset is 
                        transferred;
                          ``(ii) there is no purpose eligible for 
                        assistance under this chapter for which the 
                        asset should be used;
                          ``(iii) the overall benefit of allowing the 
                        transfer is greater than the interest of the 
                        Government in liquidation and return of the 
                        financial interest of the Government in the 
                        asset, after considering fair market value and 
                        other factors; and
                          ``(iv) through an appropriate screening or 
                        survey process, that there is no interest in 
                        acquiring the asset for Government use if the 
                        asset is a facility or land; or
                  ``(B) a local governmental authority, nonprofit 
                organization, or other third party entity to be used 
                for the purpose of transit-oriented development with no 
                further obligation to the Government if the Secretary 
                decides--
                          ``(i) the asset is a necessary component of a 
                        proposed transit-oriented development project;
                          ``(ii) the transit-oriented development 
                        project will increase transit ridership;
                          ``(iii) at least 40 percent of the housing 
                        units offered in the transit-oriented 
                        development , including housing units owned by 
                        nongovernmental entities, are legally binding 
                        affordability restricted to tenants with 
                        incomes at or below 60 percent of the area 
                        median income and/or owners with incomes at or 
                        below 60 percent the area median income;
                          ``(iv) the asset will remain in use as 
                        described in this section for at least 30 years 
                        after the date the asset is transferred; and
                          ``(v) with respect to a transfer to a third 
                        party entity--
                                  ``(I) a local government authority or 
                                nonprofit organization is unable to 
                                receive the property; and
                                  ``(II) the overall benefit of 
                                allowing the transfer is greater than 
                                the interest of the Government in 
                                liquidation and return of the financial 
                                interest of the Government in the 
                                asset, after considering fair market 
                                value and other factors.
                                  ``(III) the third party has 
                                demonstrated a satisfactory history of 
                                construction or operating an affordable 
                                housing development.''.

SEC. 2703. AFFORDABLE HOUSING INCENTIVES IN CAPITAL INVESTMENT GRANTS.

  Section 5309 of title 49, United States Code, is amended--
          (1) in subsection (g)--
                  (A) in paragraph (2)(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) in the case of a new fixed guideway 
                        capital project or a core capacity improvement 
                        project, allow a weighting five points greater 
                        to the economic development subfactor and five 
                        points lesser to the lowest scoring subfactor 
                        if the applicant demonstrates substantial 
                        efforts to preserve or encourage affordable 
                        housing near the project by providing 
                        documentation of policies that allow by-right 
                        multi-family housing, single room occupancy 
                        units, or accessory dwelling units, providing 
                        local capital sources for transit-oriented 
                        development, or demonstrate other methods as 
                        determined by the Secretary.''; and
                  (B) in paragraph (3), as amended by this Act, by 
                adding at the end the following:
                  ``(B) establish a warrant that applies to the 
                economic development project justification criteria, 
                provided that the applicant that requests a warrant 
                under this process has completed and submitted a 
                housing feasibility assessment.''; and
          (2) in subsection (l)(4)--
                  (A) in subparagraph (B) by striking ``; or'' and 
                inserting a semicolon;
                  (B) in subparagraph (C) by striking the period and 
                inserting ``; or''; and
                  (C) by adding at the end the following:
                  ``(D) from grant proceeds distributed under section 
                103 of the Housing and Community Development Act of 
                1974 (42 U.S.C. 5303) or section 201 of the Public 
                Works and Economic Development Act of 1965 (42 U.S.C. 
                3141) provided that--
                          ``(i) such funds are used in conjunction with 
                        the planning or development of affordable 
                        housing; and
                          ``(ii) such affordable housing is located 
                        within one-half of a mile of a new station.''.

                         Subtitle H--Innovation

SEC. 2801. MOBILITY INNOVATION SANDBOX PROGRAM.

  Section 5312(d) of title 49, United States Code, is amended by adding 
at the end the following:
          ``(3) Mobility innovation sandbox program.--The Secretary may 
        make funding available under this subsection to carry out 
        research on mobility on demand and mobility as a service 
        activities eligible under section 5316.''.

SEC. 2802. TRANSIT BUS OPERATOR COMPARTMENT REDESIGN PROGRAM.

  Section 5312(d) of title 49, United States Code, is further amended 
by adding at the end the following:
          ``(4) Transit bus operator compartment redesign program.--
                  ``(A) In general.--The Secretary may make funding 
                available under this subsection to carry out research 
                on redesigning transit bus operator compartments to 
                improve safety, operational efficiency, and passenger 
                accessibility.
                  ``(B) Objectives.--Research objectives under this 
                paragraph shall include--
                          ``(i) increasing bus operator safety from 
                        assaults;
                          ``(ii) optimizing operator visibility and 
                        reducing operator distractions to improve 
                        safety of bus passengers, pedestrians, 
                        bicyclists, and other roadway users;
                          ``(iii) expanding passenger accessibility for 
                        positive interactions between operators and 
                        passengers, including assisting passengers in 
                        need of special assistance;
                          ``(iv) accommodating compliance for passenger 
                        boarding, alighting, and securement with the 
                        Americans with Disabilities Act of 1990 (42 
                        U.S.C. 12101 et seq.); and
                          ``(v) improving ergonomics to reduce bus 
                        operator work-related health issues and 
                        injuries, as well as locate key instrument and 
                        control interfaces to improve operational 
                        efficiency and convenience.
                  ``(C) Activities.--Eligible activities under this 
                paragraph shall include--
                          ``(i) measures to reduce visibility 
                        impairments and distractions for bus operators 
                        that contribute to accidents, including 
                        retrofits to buses in revenue service and 
                        specifications for future procurements that 
                        reduce visibility impairments and distractions;
                          ``(ii) the deployment of assault mitigation 
                        infrastructure and technology on buses, 
                        including barriers to restrict the unwanted 
                        entry of individuals and objects into bus 
                        operators' workstations;
                          ``(iii) technologies to improve passenger 
                        accessibility, including boarding, alighting, 
                        and securement in compliance with the Americans 
                        with Disabilities Act of 1990 (42 U.S.C. 12101 
                        et seq.);
                          ``(iv) installation of seating and 
                        modification to design specifications of bus 
                        operator workstations that reduce or prevent 
                        injuries from ergonomic risks; or
                          ``(v) other measures that align with the 
                        objectives under subparagraph (B).
                  ``(D) Eligible entities.--Entities eligible to 
                receive funding under this paragraph shall include 
                consortia consisting of, at a minimum:
                          ``(i) recipients of funds under this chapter 
                        that provide public transportation services;
                          ``(ii) transit vehicle manufacturers;
                          ``(iii) representatives from organizations