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H.R. 2: Moving Forward Act


The text of the bill below is as of Jul 1, 2020 (Passed the House).


I

116th CONGRESS

2d Session

H. R. 2

IN THE HOUSE OF REPRESENTATIVES

AN ACT

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

1.

Short title

This Act may be cited as the Moving Forward Act.

2.

Table of contents

The table of contents for this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

Sec. 3. References.

Division A—Federal Surface Transportation Programs for Fiscal Year 2021

Sec. 100. Short title.

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. High priority corridors on National Highway System.

Sec. 107. Definitions.

Sec. 108. Accessibility of public transportation for residents of areas of concentrated poverty.

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.

Sec. 1118. Additional support to rebuild rural communities.

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

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.

Sec. 1217. Noise barriers.

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. Stormwater best management practices.

Sec. 1605. Pedestrian facilities in the public right-of-way.

Sec. 1606. Highway formula modernization report.

Sec. 1607. Consolidation of programs.

Sec. 1608. Student outreach report to Congress.

Sec. 1609. Task force on developing a 21st century surface transportation workforce.

Sec. 1610. On-the-job training and supportive services.

Sec. 1611. Appalachian development highway system funding flexibility.

Sec. 1612. Transportation education development program.

Sec. 1613. Working group on construction resources.

Sec. 1614. Numbering system of highway interchanges.

Sec. 1615. Toll credits.

Sec. 1616. Transportation construction materials procurement.

Sec. 1617. Construction of certain access and development roads.

Sec. 1618. Nationwide road safety assessment.

Sec. 1619. Wildlife crossings.

Sec. 1620. Climate resilient transportation infrastructure study.

Sec. 1621. Elimination of duplication of environmental reviews and approvals.

Sec. 1622. AMBER Alerts along major transportation routes.

Sec. 1623. Natural gas, electric battery, and zero emission vehicles.

Sec. 1624. Guidance on evacuation routes.

Sec. 1625. High priority corridors on National Highway System.

Sec. 1626. Guidance on inundated and submerged roads.

Sec. 1627. Use of revenues.

Sec. 1628. Dry bulk weight tolerance.

Sec. 1629. Highway use tax evasion projects.

Sec. 1630. The United States opposes child labor.

Sec. 1631. Report on COVID-related funding for aviation sector.

Sec. 1632. Climate resiliency report by GAO.

Sec. 1633. Aviation industry assistance for cleaner and quieter skies voucher program.

Sec. 1634. Airborne ultrafine particle study.

Sec. 1635. Study on colonias.

Sec. 1636. GAO study on capital needs of public ferries.

Sec. 1637. Use of modeling and simulation technology.

Sec. 1638. GAO study on per-mile user fee equity.

Sec. 1639. GAO review of equity considerations at state DOTs.

Sec. 1640. Study on effectiveness of suicide prevention nets and barriers for structures other than bridges.

Sec. 1641. Comptroller General study on national DUI reporting.

Sec. 1642. Future interstate designation and operation.

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. Certification requirements.

Sec. 2112. Hold harmless.

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.

Sec. 2308. Spare ratio waiver.

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.

Sec. 2806. Public transportation innovation.

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.

Sec. 2917. Best practices for the application of National Environmental Policy Act of 1969 to federally funded bus shelters.

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.

Sec. 3014. Report on marijuana research.

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. Operation of small commercial vehicles study.

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.

Sec. 4310. Application of commercial motor vehicle safety.

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.

Sec. 5110. Strategic transportation research agenda.

Sec. 5111. Advanced transportation research and innovation program.

Sec. 5112. Interagency innovative materials standards task force.

Sec. 5113. Transportation equity research program.

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.

Sec. 5310. Multimodal transportation demonstration program.

Sec. 5311. Automated Commercial Vehicle Reporting.

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. Advisory council on transportation statistics.

Sec. 5505. GAO Review of Discretionary Grant Programs.

Sec. 5506. Universal electronic identifier.

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.

Sec. 6011. Rail covering.

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.

Sec. 8204. Pipeline and Hazardous Materials Safety Administration reporting transparency requirements.

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.

Sec. 9107. North River Tunnel Shutdown Contingency Assesment.

Sec. 9108. Advance acquisition.

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.

Sec. 9221. Sense of Congress.

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.

Sec. 9558. Report on supplementary safety measures required for Quiet Zones.

Division E—Aviation

Title I—Airport and Airway Infrastructure

Sec. 10101. Airport planning and development and noise compatibility planning and programs.

Sec. 10102. Supplemental funding for airports.

Sec. 10103. Airport resiliency projects.

Sec. 10104. FAA air traffic control facilities.

Sec. 10105. Airport innovative financing techniques.

Sec. 10106. Small airport letters of intent.

Sec. 10107. Minority and disadvantaged business size standards.

Sec. 10108. Changes in airport sponsorship or operations.

Title II—Environment

Sec. 10201. Alternative fuel and low-emission aviation technology program.

Sec. 10202. Expansion of voluntary airport low emission program.

Sec. 10203. Study and development of sustainable aviation fuels.

Sec. 10204. Center of excellence for alternative jet fuels and environment.

Sec. 10205. National evaluation of aviation and aerospace solutions to climate change.

Sec. 10206. Joint Task Force on Air Travel.

Division F—Investment in Water Resources and Water-Related Infrastructure

Sec. 20001. Short title.

Title I—Critical Water Resources Investments

Sec. 21001. Use of Harbor Maintenance Trust Fund to support navigation.

Sec. 21002. Annual report to Congress.

Sec. 21003. Harbor Maintenance Trust Fund discretionary spending limit adjustment.

Sec. 21004. Appropriations for Construction, Inland Waterways, Operation and Maintenance.

Title II—Critical Clean Water Investments

Subtitle A—Water Quality Protection and Job Creation Act

Sec. 22101. Short title.

Sec. 22102. Wastewater infrastructure workforce investment.

Sec. 22103. State management assistance.

Sec. 22104. Watershed, wet weather, and resiliency projects.

Sec. 22105. Pilot program for alternative water source projects.

Sec. 22106. Sewer overflow and stormwater reuse municipal grants.

Sec. 22107. Reports to Congress.

Sec. 22108. Indian Tribes.

Sec. 22109. Capitalization grants.

Sec. 22110. Water pollution control revolving loan funds.

Sec. 22111. Allotment of funds.

Sec. 22112. Reservation of funds for Territories of the United States.

Sec. 22113. Authorization of appropriations.

Sec. 22114. Technical assistance by Municipal Ombudsman.

Sec. 22115. Report on financial capability of municipalities.

Sec. 22116. Emerging contaminants.

Subtitle B—Local Water Protection

Sec. 22201. Nonpoint source management programs.

Subtitle C—Critical Regional Infrastructure Investments

Sec. 22301. Reauthorization of Chesapeake Bay Program.

Sec. 22302. San Francisco Bay restoration grant program.

Sec. 22303. Puget sound coordinated recovery.

Sec. 22304. Great Lakes Restoration Initiative Reauthorization.

Sec. 22305. National Estuary Program reauthorization.

Sec. 22306. Lake Pontchartrain Basin Restoration Program reauthorization.

Sec. 22307. Long Island Sound Program Reauthorization.

Sec. 22308. Columbia River Basin Restoration Program Reauthorization.

Title III—Resilience Revolving Loan Fund

Sec. 23001. Short title.

Sec. 23002. Grants to entities for establishment of hazard mitigation revolving loan funds.

Title IV—Sports Fishing

Sec. 24001. Short title.

Sec. 24002. Division of annual appropriations.

Sec. 24003. Recreational boating access.

Sec. 24004. Wildlife Restoration Fund administration.

Sec. 24005. Sport fish restoration and boating trust fund.

Title V—Climate Smart Ports

Sec. 25001. Short title.

Sec. 25002. Climate Smart Ports Grant Program.

Sec. 25003. Energy Policy Act of 2005 authorization of appropriations for port authorities.

Title VI—Other matters

Sec. 26001. Wastewater drug testing pilot program.

Title VII—New River Restoration

Sec. 27001. Short title.

Sec. 27002. Definitions.

Sec. 27003. California New River restoration program establishment.

Sec. 27004. Grants and assistance.

Sec. 27005. Annual reports.

Title VIII—Other matters

Sec. 28001. COVID–19 Wastewater Surveillance Research Program.

Title IX—Other Matters

Sec. 29001. Smart water infrastructure investment grants.

Division G—Energy and Commerce

Title I—Broadband Infrastructure

Sec. 31001. Definitions.

Sec. 31002. Sense of Congress.

Sec. 31003. Severability.

Subtitle A—Digital Equity

Sec. 31100. Definitions.

Chapter 1—Office of Internet Connectivity and Growth

Sec. 31101. Establishment of the Office of Internet Connectivity and Growth.

Sec. 31102. Duties.

Sec. 31103. Streamlined applications for support.

Sec. 31104. Coordination of support.

Sec. 31105. Rule of construction.

Sec. 31106. Funding.

Sec. 31107. Study and recommendations to connect socially disadvantaged individuals.

Chapter 2—Digital Equity Programs

Sec. 31121. State Digital Equity Capacity Grant Program.

Sec. 31122. Digital Equity Competitive Grant Program.

Sec. 31123. Policy research, data collection, analysis and modeling, evaluation, and dissemination.

Sec. 31124. General provisions.

Chapter 3—Broadband Service for Low-Income Consumers

Sec. 31141. Additional broadband benefit.

Sec. 31142. Grants to States to strengthen National Lifeline Eligibility Verifier.

Sec. 31143. Federal coordination between Lifeline and SNAP verification.

Chapter 4—E–Rate Support for Wi-Fi Hotspots, Other Equipment, and Connected Devices

Sec. 31161. E–Rate support for Wi-Fi hotspots, other equipment, and connected devices.

Subtitle B—Broadband Transparency

Sec. 31201. Definitions.

Sec. 31202. Broadband transparency.

Sec. 31203. Distribution of data.

Sec. 31204. Coordination with certain other Federal agencies.

Sec. 31205. Broadband consumer labels.

Sec. 31206. Appropriation for Broadband DATA Act.

Sec. 31207. GAO report.

Subtitle C—Broadband Access

Chapter 1—Expansion of Broadband Access

Sec. 31301. Expansion of broadband access in unserved areas and areas with low-tier or mid-tier service.

Sec. 31302. Universal service in Indian country and areas with high populations of Indian people.

Chapter 2—Broadband Infrastructure Finance and Innovation

Sec. 31321. Definitions.

Sec. 31322. Determination of eligibility and project selection.

Sec. 31323. Secured loans.

Sec. 31324. Lines of credit.

Sec. 31325. Alternative prudential lending standards for small projects.

Sec. 31326. Program administration.

Sec. 31327. State and local permits.

Sec. 31328. Regulations.

Sec. 31329. Funding.

Sec. 31330. Reports to Congress.

Chapter 3—Wi-Fi on School Buses

Sec. 31341. E-rate support for school bus Wi-Fi.

Subtitle D—Community Broadband

Sec. 31401. State, local, public-private partnership, and co-op broadband services.

Subtitle E—Repeal of Rule and Prohibition on Use of NPRM

Sec. 31501. Repeal of rule and prohibition on use of NPRM.

Subtitle F—Next Generation 9–1–1

Sec. 31601. Sense of Congress.

Sec. 31602. Statement of policy.

Sec. 31603. Coordination of Next Generation 9–1–1 Implementation.

Sec. 31604. Savings provision.

Subtitle G—Extension of 2.5 GHz Rural Tribal Priority Window

Sec. 31701. Extension of 2.5 GHz Rural Tribal Priority Window.

Title II—Motor Vehicle Safety

Sec. 32001. Safety Warning for occupants of hot cars.

Sec. 32002. Protecting Americans from the Risks of Keyless Ignition Technology.

Sec. 32003. 21st Century Smart Cars.

Sec. 32004. Updating the 5-star safety rating system.

Sec. 32005. Advanced Drunk Driving prevention technology.

Sec. 32006. Limousine compliance with Federal Safety Standards.

Sec. 32007. Child restraint systems.

Sec. 32008. Motor vehicle pedestrian and cyclist protection.

Title III—Energy and Environment Infrastructure

Subtitle A—Infrastructure

Chapter 1—Drinking Water

Subchapter A—PFAS Infrastructure Grant Program

Sec. 33101. Establishment of PFAS Infrastructure Grant Program.

Sec. 33102. Definition.

Subchapter B—Extensions

Sec. 33103. Funding.

Sec. 33104. American iron and steel products.

Sec. 33105. Comprehensive lead service line replacement.

Subchapter C—Other matters

Sec. 33106. Drinking water fountain replacement in public playgrounds and parks.

Subchapter D—Other Matters

Sec. 33107. Assistance for areas affected by natural disasters.

Subchapter E—Other matters

Sec. 33108. Allotments for territories.

Chapter 2—Grid Security and Modernization

Sec. 33111. 21st Century Power Grid.

Sec. 33112. Energy efficient transformer rebate program.

Sec. 33113. Interregional transmission planning report.

Sec. 33114. Promoting grid storage.

Sec. 33115. Expanding access to sustainable energy.

Sec. 33116. Interregional transmission planning rulemaking.

Chapter 3—Controlling Methane Leaks from Pipelines

Sec. 33121. Improving the natural gas distribution system.

Chapter 4—Renewable energy

Sec. 33131. Grant program for solar installations located in, or that serve, low-income and underserved areas.

Chapter 5—Smart Communities

Sec. 33141. 3C energy program.

Sec. 33142. Federal technology assistance.

Sec. 33143. Technology demonstration grant program.

Sec. 33144. Smart city or community.

Sec. 33145. Clean cities coalition program.

Chapter 6—Brownfields

Sec. 33151. Brownfields funding.

Chapter 7—Indian Energy

Sec. 33161. Indian energy.

Sec. 33162. Report on electricity access and reliability.

Chapter 8—Hydropower and Dam Safety

Sec. 33171. Hydroelectric production incentives and efficiency improvements.

Sec. 33172. FERC briefing on Edenville Dam and Sanford Dam failures.

Sec. 33173. Dam safety conditions.

Sec. 33174. Dam safety requirements.

Sec. 33175. Viability procedures.

Sec. 33176. FERC dam safety technical conference with States.

Sec. 33177. Required dam safety communications between FERC and States.

Sec. 33178. Consideration of invasive species.

Chapter 9—Loan Program Office Reform

Sec. 33181. Loan program office title XVII reform.

Chapter 10—Climate Action Planning for Ports

Sec. 33191. Grants To reduce greenhouse gas emissions at ports.

Chapter 11—Clean Energy and Sustainability Accelerator

Sec. 33192. Clean Energy and Sustainability Accelerator.

Chapter 12—Carbon capture utilization and storage

Sec. 33193. Supporting carbon capture utilization and storage.

Subtitle B—Energy Efficiency

Chapter 1—Energy Efficiency Retrofits

Subchapter A—HOPE for HOMES

Sec. 33201. Definitions.

Part 1—HOPE Training

Sec. 33202. Notice for HOPE Qualification training and grants.

Sec. 33202A. Course criteria.

Sec. 33202B. HOPE Qualification.

Sec. 33202C. Grants.

Sec. 33202D. Authorization of appropriations.

Part 2—Home Energy Savings Retrofit Rebate Program

Sec. 33203. Establishment of Home Energy Savings Retrofit Rebate Program.

Sec. 33203A. Partial system rebates.

Sec. 33203B. State administered rebates.

Sec. 33203C. Special provisions for moderate income households.

Sec. 33203D. Evaluation reports to Congress.

Sec. 33203E. Administration.

Sec. 33203F. Authorization of appropriations.

Part 3—General provisions

Sec. 33204. Appointment of personnel.

Sec. 33204A. Maintenance of funding.

Subchapter B—Public Buildings

Sec. 33211. Energy efficient public buildings.

Subchapter C—Schools

Sec. 33221. Energy retrofitting assistance for schools.

Sec. 33222. Grants for energy efficiency improvements and renewable energy improvements at public school facilities.

Chapter 2—Weatherization

Sec. 33231. Weatherization assistance program.

Sec. 33232. Report on waivers.

Chapter 3—Energy Efficient Conservation Block Grants

Sec. 33241. Energy Efficiency and Conservation Block Grant Program.

Chapter 4—Federal Energy and Water Management Performance

Sec. 33251. Energy and water performance requirement for Federal facilities.

Sec. 33252. Federal Energy Management Program.

Chapter 5—Targeted residential tree-planting

Sec. 33261. Definitions.

Sec. 33262. Grant program.

Sec. 33263. Public recognition initiative.

Sec. 33264. Nonduplicity.

Sec. 33265. Authorization of appropriations.

Chapter 6—Industrial Energy Savings

Sec. 33271. Rebate program for energy efficient electrotechnologies.

Subtitle C—Vehicles

Chapter 1—DERA

Sec. 33301. Reauthorization of diesel emissions reduction program.

Chapter 2—Clean Commute for Kids

Sec. 33311. Reauthorization of Clean School Bus Program.

Sec. 33312. Study on impact of air pollution from vehicles idling in school zones.

Chapter 3—Refrigerated vehicles

Sec. 33321. Pilot program for the electrification of certain refrigerated vehicles.

Chapter 4—EV infrastructure

Sec. 33331. Definitions.

Sec. 33332. Electric vehicle supply equipment rebate program.

Sec. 33333. Expanding access to electric vehicles in underserved communities.

Sec. 33334. Ensuring program benefits for underserved and disadvantaged communities.

Sec. 33335. Model building code for electric vehicle supply equipment.

Sec. 33336. Electric vehicle supply equipment coordination.

Sec. 33337. State consideration of electric vehicle charging.

Sec. 33338. State energy plans.

Sec. 33339. Transportation electrification.

Sec. 33340. Federal fleets.

Sec. 33341. Domestic Manufacturing Conversion Grant Program.

Sec. 33342. Advanced technology vehicles manufacturing incentive program.

Subtitle D—Buy American and Wage Rate Requirements

Sec. 33401. Use of American iron, steel, and manufactured goods.

Sec. 33402. Wage rate requirements.

Subtitle E—Ohio River Basin

Sec. 33501. Interagency plan.

Sec. 33502. Report on impacts of climate change on electric utilities.

Sec. 33503. Definition.

Subtitle F—Open Back Better

Sec. 33601. Short title.

Sec. 33602. Facilities energy resiliency.

Sec. 33603. Personnel.

Subtitle G—Other Matters

Sec. 33701. Water reuse interagency working group.

Subtitle H—Energy workforce development

Chapter 1—Office of Economic Impact, Diversity, and Employment

Sec. 33801. Name of office.

Sec. 33802. Energy workforce development programs.

Sec. 33803. Authorization.

Chapter 2—Energy workforce development

Sec. 33811. Energy workforce development.

Sec. 33812. Energy workforce grant program.

Sec. 33813. Definitions.

Title IV—Health Care Infrastructure

Sec. 34101. Hospital infrastructure.

Sec. 34102. Community Health Center Capital Project Funding.

Sec. 34103. Pilot program to improve laboratory infrastructure.

Sec. 34104. 21st century Indian health program hospitals and outpatient health care facilities.

Sec. 34105. Pilot program to improve community-based care infrastructure.

Sec. 34106. Access road for Desert Sage Youth Wellness Center.

Division H—Additional Programs

Title I—Additional Programs

Sec. 40001. National scenic byways program.

Sec. 40002. Authorization of appropriations for Department of Veterans Affairs.

Sec. 40003. Requirements for owners and operators of equipment or facilities used by passenger or freight transportation employers.

Sec. 40004. Revolving loan fund flexibility.

Sec. 40005. Authorization for science center construction.

Sec. 40006. GAO study on the impact of transportation policies on marginalized communities.

Sec. 40007. Use of bird-safe features, practices, and strategies in public buildings.

Sec. 40008. GAO Study.

Sec. 40009. Land port of entry infrastructure modernization.

Sec. 40010. Colonias state of good repair grant program.

Sec. 40011. Accessibility of public transportation for pregnant women.

Sec. 40012. National Labs restoration and modernization.

Sec. 40013. Definitions.

Sec. 40014. Program establishment.

Sec. 40015. Grants and technical assistance.

Sec. 40016. Reporting.

Sec. 40017. Authorization of appropriations.

Sec. 40018. Reporting Requirements Relating to Federal Research Infrastructure.

Sec. 40019. American Infrastructure Opportunity Bonds.

Title II—Building U.S. Infrastructure by Leveraging Demands for Skills (BUILDS)

Sec. 40101. Definitions.

Sec. 40102. Grants authorized.

Sec. 40103. Application.

Sec. 40104. Eligible activities.

Sec. 40105. Administration by the Secretary.

Sec. 40106. Authorization of appropriations.

Sec. 40107. Special rule.

Division I—Zero-Emission Postal Fleet and Other Matters

Sec. 50001. Authorization of appropriation for United States Postal Service for modernization of postal infrastructure.

Sec. 50002. Electric or zero-emission vehicles for United States Postal Service fleet.

Sec. 50003. Clarification of authority of District of Columbia to carry out Long Bridge project.

Division J—Committee on Financial Services

Sec. 60001. Short title.

Sec. 60002. Findings.

Sec. 60003. Public Housing Capital Fund.

Sec. 60004. Rural Multifamily Preservation and Revitalization Demonstration Program.

Sec. 60005. Flood Mitigation Assistance Grant Program.

Sec. 60006. Housing Trust Fund.

Sec. 60007. Single-Family Housing Repair Loans and Grants.

Sec. 60008. Native American Housing Block Grant Program.

Sec. 60009. HOME Investment Partnerships Program.

Sec. 60010. Program for supportive housing for persons with disabilities.

Sec. 60011. Program for supportive housing for the elderly.

Sec. 60012. Capital Magnet Fund.

Sec. 60013. Community development block grant funding for affordable housing and infrastructure.

Sec. 60014. Inclusion of minority and women’s business enterprises.

Sec. 60015. Reports on outcomes.

Sec. 60016. GAO study of flood disaster assistance inequities.

Sec. 60017. Grant program for manufactured housing preservation.

Sec. 60018. Lead abatement for families.

Sec. 60019. Comptroller General report on high-speed internet connectivity in Federally-assisted housing.

Sec. 60020. Master plan for broadband connectivity in Federally-assisted housing.

Sec. 60021. United States Interagency Council on Homelessness.

Sec. 60022. GAO study of housing needs of populations at higher risk of homelessness.

Sec. 60023. Buy America requirements for community development block grant activities.

Sec. 60024. Repeal of Faircloth amendment.

Sec. 60025. Study of effects of criminal history on access to housing.

Division K—Reopen and Rebuild America’s Schools Act of 2020

Sec. 70000. Short title; table of contents.

Sec. 70001. Definitions.

Title I—Grants for the Long-Term Improvement of Public School Facilities

Subtitle A—Reservation and Allocation of Funds

Sec. 70101. Purpose and reservation.

Sec. 70102. Allocation to States.

Subtitle B—Grants to Local Educational Agencies

Sec. 70111. Need-based grants to qualified local educational agencies.

Sec. 70112. Allowable uses of funds.

Sec. 70113. Prohibited uses.

Sec. 70114. Requirements for hazard-resistance, energy and water conservation, and air quality.

Sec. 70115. Green Practices.

Sec. 70116. Use of American iron, steel, and manufactured products.

Sec. 70117. Prohibition on use of funds for facilities of for-profit charter schools.

Sec. 70118. Prohibition on use of funds for certain charter schools.

Subtitle C—Annual Report and Authorization of Appropriations

Sec. 70121. Annual report on grant program.

Sec. 70122. Authorization of appropriations.

Title II—Other Reports, Development of Standards, and Information Clearinghouse

Sec. 70201. Comptroller general report.

Sec. 70202. Study and report physical condition of public schools.

Sec. 70203. Development of data standards.

Sec. 70204. Information clearinghouse.

Sec. 70205. Sense of Congress on Opportunity Zones.

Title III—Impact Aid Construction

Sec. 70301. Temporary increase in funding for impact aid construction.

Title IV—Assistance for Repair of School Foundations Affected by Pyrrhotite

Sec. 70401. Allocations to States.

Sec. 70402. Grants to local educational agencies.

Sec. 70403. Definitions.

Sec. 70404. Authorization of appropriations.

Division L—Public Lands, Tribal Communities, and Resilient Natural Infrastructure

Sec. 80000. Table of contents.

Title I—Water Resources Infrastructure

Subtitle A—Water Settlements Infrastructure

Sec. 81101. Reclamation water settlements fund.

Sec. 81102. Conveyance capacity correction project.

Sec. 81103. Funding parity for water management goals and restoration goals.

Subtitle B—FUTURE Western Water Infrastructure and Drought Resiliency

Sec. 81201. Short title.

Sec. 81202. Definitions.

Chapter 1—Infrastructure development

Sec. 81211. Competitive grant program for the funding of water recycling and reuse projects.

Sec. 81212. Storage project development reports to congress.

Sec. 81213. Funding for storage and supporting projects.

Sec. 81214. Extension of existing requirements for grandfathered storage projects.

Sec. 81215. Desalination project development.

Sec. 81216. Assistance for disadvantaged communities without adequate drinking water.

Chapter 2—IMPROVED TECHNOLOGY AND DATA

Sec. 81221. Reauthorization of water availability and use assessment program.

Sec. 81222. Renewal of advisory committee on water information.

Sec. 81223. Desalination technology development.

Sec. 81224. X-prize for water technology breakthroughs.

Sec. 81225. Study examining sediment transport.

Sec. 81226. Determination of water supply allocations.

Sec. 81227. Federal priority streamgages.

Sec. 81228. Study examining climate vulnerabilities at federal dams.

Sec. 81229. Innovative technology adoption.

Chapter 3—ECOSYSTEM PROTECTION AND RESTORATION

Sec. 81231. Waterbird habitat creation program.

Sec. 81232. Cooperative watershed management program.

Sec. 81233. Competitive grant program for the funding of watershed health projects.

Sec. 81234. Support for refuge water deliveries.

Sec. 81235. Drought planning and preparedness for critically important fisheries.

Sec. 81236. Aquatic ecosystem restoration.

Sec. 81237. Reauthorization of the Fisheries Restoration and Irrigation Mitigation Act of 2000.

Sec. 81238. Report on fish that inhabit waters that contain perfluoroalkyl or polyfluoroalkyl substances.

Chapter 4—WATER JOB TRAINING AND EDUCATION

Sec. 81241. Water resource education.

Chapter 5—MISCELLANEOUS

Sec. 81251. Offset.

Sec. 81252. Delayed water project recommendations.

Sec. 81253. Continued use of Pick-Sloan Missouri Basin Program project use power by the Kinsey Irrigation Company and the Sidney Water Users Irrigation District.

Subtitle C—Western Water Security

Sec. 81301. Definitions.

Chapter 1—INFRASTRUCTURE AND WATER MANAGEMENT IMPROVEMENT

Sec. 81311. Watersmart extension and expansion.

Sec. 81312. Emergency drought funding.

Sec. 81313. Rio Grande Pueblo Irrigation Infrastructure Reauthorization.

Sec. 81314. Puerto Rico WaterSMART Grants Eligibility.

Chapter 2—GROUNDWATER MANAGEMENT

Sec. 81321. Reauthorization and expansion of the Transboundary Aquifer Assessment Program.

Sec. 81322. Groundwater management assessment and improvement.

Sec. 81323. Surface and groundwater water availability and the energy nexus.

Chapter 3—WATER CONSERVATION AND ENVIRONMENTAL RESTORATION

Sec. 81331. Definitions.

Sec. 81332. Water acquisition program.

Sec. 81333. Middle Rio Grande Water Conservation.

Sec. 81334. Sustaining biodiversity during droughts.

Sec. 81335. Reauthorization of cooperative watershed management program.

Chapter 4—EFFECT ON EXISTING LAW

Sec. 81341. Effect on existing law.

Subtitle D—Water Resources Research Amendments

Sec. 81411. Water Resources Research Act amendments.

Subtitle E—Ground water recharge planning

Sec. 81511. Ground water recharge planning.

Subtitle F—Tribal Water Infrastructure

Sec. 81611. Finding.

Sec. 81612. Indian Health Services Sanitation Facilities Construction Program funding.

Subtitle G—Navajo Utah Water Rights Settlement

Sec. 81711. Purposes.

Sec. 81712. Definitions.

Sec. 81713. Ratification of agreement.

Sec. 81714. Navajo water rights.

Sec. 81715. Navajo trust accounts.

Sec. 81716. Authorization of appropriations.

Sec. 81717. Conditions precedent.

Sec. 81718. Waivers and releases.

Sec. 81719. Miscellaneous provisions.

Sec. 81720. Relation to allottees.

Sec. 81721. Antideficiency.

Title II—National Parks, Forests, and Public Lands

Subtitle A—Public Lands Telecommunications

Sec. 82101. Definitions.

Sec. 82102. Collection and retention of rental fees associated with communications use authorizations on Federal lands and Federal land management agency support for communication site programs.

Sec. 82103. Cooperative agreement authority.

Subtitle B—Outdoors for All

Sec. 82201. Definitions.

Sec. 82202. Grants authorized.

Sec. 82203. Eligible uses.

Sec. 82204. National park service requirements.

Sec. 82205. Reporting.

Sec. 82206. Revenue sharing.

Subtitle C—Updated Borrowing Authority

Sec. 82301. Presidio Trust borrowing authority.

Subtitle D—Forest Service Legacy Roads and Trails Remediation Program

Sec. 82401. Forest Service Legacy Roads and Trails Remediation Program.

Subtitle E—Long Bridge

Sec. 82501. Authorization of National Park Service conveyances.

Subtitle F—Western Riverside County Wildlife Refuge

Sec. 82601. Western Riverside County Wildlife Refuge.

Sec. 82602. Purpose.

Sec. 82603. Notification of establishment.

Sec. 82604. Boundaries.

Sec. 82605. Administration.

Sec. 82606. Acquisition and transfers of lands and waters for wildlife refuge.

Subtitle G—Tribal Land to Trust

Sec. 82701. Lands to be taken into trust.

Title III—Oceans and Wildlife

Subtitle A—Coastal and Great Lakes Resiliency and Restoration

Sec. 83101. Shovel-Ready Restoration and Resiliency Grant Program.

Sec. 83102. Living Shoreline Grant Program.

Subtitle B—Wildlife Corridors Conservation Act

Sec. 83201. Definitions.

Chapter 1—National Wildlife Corridor System on Federal Land and Water

Sec. 83211. National wildlife corridors.

Sec. 83212. Administrative designation of national wildlife corridors.

Sec. 83213. Management of national wildlife corridors.

Chapter 2—Wildlife Corridors Conservation

Subchapter A—National Wildlife Corridor System on Federal land and water

Sec. 83311. Collaboration and coordination.

Sec. 83312. Effect.

Subchapter B—Tribal Wildlife Corridors

Sec. 83321. Tribal Wildlife Corridors.

Sec. 83322. Protection of Indian Tribes.

Subchapter C—Wildlife movement grant program on non-Federal land and water

Sec. 83331. Wildlife movements grant program.

Sec. 83332. National Coordination Committee.

Sec. 83333. Regional wildlife movement councils.

Subchapter D—National Wildlife Corridors Database

Sec. 83341. National wildlife corridors database.

Chapter 3—Funding

Sec. 83401. Wildlife corridors stewardship fund.

Sec. 83402. Authorization of appropriations.

Chapter 4—Authorization of appropriations

Subchapter A—Natural Infrastructure for Wildlife Conservation and Restoration

Sec. 83511. Short title.

Sec. 83512. Wildlife Conservation and Restoration Subaccount.

Sec. 83513. Technical amendments.

Sec. 83514. Savings clause.

Subchapter B—Natural Infrastructure for Tribal Wildlife Conservation and Restoration

Sec. 83521. Indian Tribes.

Chapter 5—Miscellaneous

Sec. 83601 Reauthorization of Chesapeake Bay gateways and watertrails network.

Title IV—Energy

Subtitle A—Establishment of Federal orphaned well remediation program

Sec. 84101. Establishment of federal orphaned well remediation program.

Sec. 84102. Federal bonding reform.

Subtitle B—Surface Mining Control and Reclamation Act Amendments

Sec. 84201. Abandoned Mine Land Reclamation Fund.

Sec. 84202. Emergency Powers.

Sec. 84203. Reclamation fee.

Subtitle C—Revitalizing the Economy of Coal Communities by Leveraging Local Activities and Investing More

Sec. 84301. Economic revitalization for coal country.

Sec. 84302. Technical and conforming amendments.

Sec. 84303. Minimum State payments.

Sec. 84304. GAO study of use of funds.

Sec. 84305. Payments to certified States not affected.

Subtitle D—Public Land Renewable Energy Development

Sec. 84401. Definitions.

Sec. 84402. Land use planning; supplements to programmatic environmental impact statements.

Sec. 84403. Environmental review on covered land.

Sec. 84404. Program to improve renewable energy project permit coordination.

Sec. 84405. Increasing economic certainty.

Sec. 84406. Limited grandfathering.

Sec. 84407. Renewable energy goal.

Sec. 84408. Disposition of revenues.

Sec. 84409. Promoting and enhancing development of geothermal energy.

Sec. 84410. Facilitation of coproduction of geothermal energy on oil and gas leases.

Sec. 84411. Noncompetitive leasing of adjoining areas for development of geothermal resources.

Sec. 84412. Savings clause.

Subtitle E—Offshore Wind Jobs and Opportunity

Sec. 84501. Offshore Wind Career Training Grant Program.

Subtitle F—Community Reclamation Partnerships

Sec. 84601. Reference.

Sec. 84602. State memoranda of understanding for certain remediation.

Sec. 84603. Clarifying State liability for mine drainage projects.

Sec. 84604. Conforming amendments.

Subtitle G—Sinkhole hazard identification

Sec. 84701. Sinkhole hazard identification.

Title V—Labor Standards

Sec. 85101. Labor Standards.

Division M—Revenue provisions

Sec. 90001. Short title; etc.

Title I—Infrastructure financing

Subtitle A—Bond financing enhancements

Sec. 90101. Credit to issuer for certain infrastructure bonds.

Sec. 90102. Advance refunding bonds.

Sec. 90103. Permanent modification of small issuer exception to tax-exempt interest expense allocation rules for financial institutions.

Sec. 90104. Volume cap on private activity bonds.

Sec. 90105. Modifications to qualified small issue bonds.

Sec. 90106. Expansion of certain exceptions to the private activity bond rules for first-time farmers.

Sec. 90107. Exempt facility bonds for zero-emission vehicle infrastructure.

Sec. 90108. Certain water and sewage facility bonds exempt from volume cap on private activity bonds.

Sec. 90109. Qualified highway or surface freight transfer facility bonds.

Sec. 90110. Application of Davis-Bacon Act requirements with respect to certain exempt facility bonds.

Subtitle B—School infrastructure bonds

Sec. 90111. Restoration of certain qualified tax credit bonds.

Sec. 90112. School infrastructure bonds.

Sec. 90113. Annual report on bond program.

Sec. 90114. Examining loan modifications to the HBCU Capital Financing Program.

Subtitle C—Other provisions related to infrastructure financing

Sec. 90121. Credit for operations and maintenance costs of government-owned broadband.

Sec. 90122. Treatment of financial guaranty insurance companies as qualifying insurance corporations under passive foreign investment company rules.

Sec. 90123. Infrastructure grants to improve child care safety.

Title II—New Markets Tax Credit

Sec. 90201. Improvement and permanent extension of new markets tax credit.

Title III—Rehabilitation tax credit

Sec. 90301. Increase in rehabilitation credit.

Sec. 90302. Increase in the rehabilitation credit for certain small projects.

Sec. 90303. Modification of definition of substantially rehabilitated.

Sec. 90304. Temporary extension of period for completing rehabilitation.

Sec. 90305. Elimination of rehabilitation credit basis adjustment.

Sec. 90306. Modifications regarding certain tax-exempt use property.

Sec. 90307. Qualification of rehabilitation expenditures for public school buildings for rehabilitation credit.

Title IV—Green energy

Sec. 90400. Short title.

Subtitle A—Renewable Electricity and Reducing Carbon Emissions

Sec. 90401. Extension of credit for electricity produced from certain renewable resources.

Sec. 90402. Extension and modification of energy credit.

Sec. 90403. Extension of credit for carbon oxide sequestration.

Sec. 90404. Elective payment for energy property and electricity produced from certain renewable resources, etc.

Sec. 90405. Extension of energy credit for offshore wind facilities.

Sec. 90406. Green energy publicly traded partnerships.

Subtitle B—Renewable Fuels

Sec. 90411. Biodiesel and renewable diesel.

Sec. 90412. Extension of excise tax credits relating to alternative fuels.

Sec. 90413. Extension of second generation biofuel incentives.

Subtitle C—Green Energy and Efficiency Incentives for Individuals

Sec. 90421. Extension, increase, and modifications of nonbusiness energy property credit.

Sec. 90422. Residential energy efficient property.

Sec. 90423. Energy efficient commercial buildings deduction.

Sec. 90424. Extension, increase, and modifications of new energy efficient home credit.

Sec. 90425. Modifications to income exclusion for conservation subsidies.

Subtitle D—Greening the Fleet and Alternative Vehicles

Sec. 90431. Modification of limitations on new qualified plug-in electric drive motor vehicle credit.

Sec. 90432. Credit for previously-owned qualified plug-in electric drive motor vehicles.

Sec. 90433. Credit for zero-emission heavy vehicles and zero-emission buses.

Sec. 90434. Qualified fuel cell motor vehicles.

Sec. 90435. Alternative fuel refueling property credit.

Sec. 90436. Modification of employer-provided fringe benefits for bicycle commuting.

Subtitle E—Investment in the Green Workforce

Sec. 90441. Extension of the advanced energy project credit.

Sec. 90442. Labor costs of installing mechanical insulation property.

Sec. 90443. Labor standards for certain energy jobs.

Subtitle F—Environmental Justice

Sec. 90451. Qualified environmental justice program credit.

Subtitle G—Treasury report on data from the Greenhouse Gas Reporting Program

Sec. 90461. Report on Greenhouse Gas Reporting Program.

Title V—Disaster and resiliency

Sec. 90501. Exclusion of amounts received from state-based catastrophe loss mitigation programs.

Sec. 90502. Repeal of temporary limitation on personal casualty losses.

Title VI—Housing

Subtitle A—Low-Income Housing Tax Credit Improvements

Sec. 90601. Extension of period for rehabilitation expenditures.

Sec. 90602. Extension of basis expenditure deadline.

Sec. 90603. Tax-exempt bond financing requirement.

Sec. 90604. Minimum credit rate.

Sec. 90605. Increases in State allocations.

Sec. 90606. Increase in credit for certain projects designated to serve extremely low-income households.

Sec. 90607. Inclusion of Indian areas as difficult development areas for purposes of certain buildings.

Sec. 90608. Inclusion of rural areas as difficult development areas.

Sec. 90609. Increase in credit for bond-financed projects designated by housing credit agency.

Sec. 90610. Repeal of qualified contract option.

Sec. 90611. Prohibition of local approval and contribution requirements.

Sec. 90612. Adjustment of credit to provide relief during COVID–19 outbreak.

Sec. 90613. Credit for low-income housing supportive services.

Subtitle B—Neighborhood Homes Credit

Sec. 90621. Neighborhood homes credit.

Title VII—Tribal development

Sec. 90701. Treatment of Indian Tribes as States with respect to bond issuance.

Sec. 90702. Treatment of Tribal foundations and charities like charities funded and controlled by other governmental funders and sponsors.

Sec. 90703. New markets tax credit.

Title VIII—Highway trust fund and related taxes

Sec. 90801. Extension of Highway Trust Fund expenditure authority.

Sec. 90802. Extension of highway-related taxes.

Sec. 90803. Additional transfers to Highway Trust Fund.

Division N—Rights for Transportation Security Officers

Sec. 91001. Short title.

Sec. 91002. Definitions.

Sec. 91003. Conversion of TSA personnel.

Sec. 91004. Transition rules.

Sec. 91005. Consultation requirement.

Sec. 91006. No right to strike.

Sec. 91007. Rule of construction with respect to certain crimes relating to terrorism.

Sec. 91008. Report by GAO regarding TSA recruitment.

Sec. 91009. Sense of Congress.

Sec. 91010. Assistance for Federal Air Marshal Service.

Sec. 91011. Prohibition on certain social media application.

Sec. 91012. Veterans hiring.

Sec. 91013. Prevention and protection against certain illness.

Division O—Agriculture infrastructure improvements

Sec. 92001. Reforestation Trust Fund.

Division P—Budgetary Effects

Sec. 93001. Budgetary effects.

Division Q—State-Owned Enterprises

Sec. 94001. State-Owned enterprises prohibition.

3.

References

Except as expressly provided otherwise, any reference to this Act contained in any division of this Act shall be treated as referring only to the provisions of that division.

A

Federal Surface Transportation Programs for Fiscal Year 2021

100.

Short title

This division and division B of 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.

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.

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.

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.

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.

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.

106.

High priority corridors on National Highway System

(a)

Identification

(1)

Central Texas Corridor

Section 1105(c)(84) of the Intermodal Surface Transportation Efficiency Act of 1991 is amended to read as follows:

(84)

The Central Texas Corridor, including the route—

(A)

commencing in the vicinity of Texas Highway 338 in Odessa, Texas, running eastward generally following Interstate Route 20, connecting to Texas Highway 158 in the vicinity of Midland, Texas, then following Texas Highway 158 eastward to United States Route 87 and then following United States Route 87 southeastward, passing in the vicinity of San Angelo, Texas, and connecting to United States Route 190 in the vicinity of Brady, Texas;

(B)

commencing at the intersection of Interstate Route 10 and United States Route 190 in Pecos County, Texas, and following United States Route 190 to Brady, Texas;

(C)

following portions of United States Route 190 eastward, passing in the vicinity of Fort Hood, Killeen, Belton, Temple, Bryan, College Station, Huntsville, Livingston, Woodville, and Jasper, to the logical terminus of Texas Highway 63 at the Sabine River Bridge at Burrs Crossing and including a loop generally encircling Bryan/College Station, Texas;

(D)

following United States Route 83 southward from the vicinity of Eden, Texas, to a logical connection to Interstate Route 10 at Junction, Texas;

(E)

following United States Route 69 from Interstate Route 10 in Beaumont, Texas, north to United States Route 190 in the vicinity of Woodville, Texas;

(F)

following United States Route 96 from Interstate Route 10 in Beaumont, Texas, north to United States Route 190 in the vicinity of Jasper, Texas; and

(G)

following United States Route 190, State Highway 305, and United States Route 385 from Interstate Route 10 in Pecos County, Texas to Interstate 20 at Odessa, Texas.

.

(2)

Central Louisiana Corridor

Section 1105(c) of the Intermodal Surface Transportation Efficiency Act of 1991 is amended by adding at the end the following:

(91)

The Central Louisiana Corridor commencing at the logical terminus of Louisiana Highway 8 at the Sabine River Bridge at Burrs Crossing and generally following portions of Louisiana Highway 8 to Leesville, Louisiana, and then eastward on Louisiana Highway 28, passing in the vicinity of Alexandria, Pineville, Walters, and Archie, to the logical terminus of United States Route 84 at the Mississippi River Bridge at Vidalia, Louisiana.

.

(3)

Central Mississippi Corridor

Section 1105(c) of the Intermodal Surface Transportation Efficiency Act of 1991, as amended by this Act, is further amended by adding at the end the following:

(92)

The Central Mississippi Corridor, including the route—

(A)

commencing at the logical terminus of United States Route 84 at the Mississippi River and then generally following portions of United States Route 84 passing in the vicinity of Natchez, Brookhaven, Monticello, Prentiss, and Collins, to Interstate 59 in the vicinity of Laurel, Mississippi, and continuing on Interstate Route 59 north to Interstate Route 20 and on Interstate Route 20 to the Mississippi-Alabama State Border; and

(B)

commencing in the vicinity of Laurel, Mississippi, running south on Interstate Route 59 to United States Route 98 in the vicinity of Hattiesburg, connecting to United States Route 49 south then following United States Route 49 south to Interstate Route 10 in the vicinity of Gulfport and following Mississippi Route 601 southerly terminating near the Mississippi State Port at Gulfport.

.

(4)

Middle Alabama Corridor

Section 1105(c) of the Intermodal Surface Transportation Efficiency Act of 1991, as amended by this Act, is further amended by adding at the end the following:

(93)

The Middle Alabama Corridor including the route—

(A)

beginning at the Alabama-Mississippi Border generally following portions of I–20 until following a new interstate extension paralleling United States Highway 80 specifically:

(B)

crossing Alabama Route 28 near Coatopa, Alabama, traveling eastward crossing United States Highway 43 and Alabama Route 69 near Selma, Alabama, traveling eastwards closely paralleling United States Highway 80 to the south crossing over Alabama Routes 22, 41, and 21, until its intersection with I–65 near Hope Hull, Alabama;

(C)

continuing east along the proposed Montgomery Outer Loop south of Montgomery, Alabama where it would next join with I–85 east of Montgomery, Alabama;

(D)

continuing along I–85 east bound until its intersection with United States Highway 280 near Opelika, Alabama or United States Highway 80 near Tuskegee, Alabama; and

(E)

generally following the most expedient route until intersecting with existing United States Highway 80 (JR Allen Parkway) through Phenix City until continuing into Columbus, Georgia.

.

(5)

Middle Georgia Corridor

Section 1105(c) of the Intermodal Surface Transportation Efficiency Act of 1991, as amended by this Act, is further amended by adding at the end the following:

(94)

The Middle Georgia Corridor including the route—

(A)

beginning at the Alabama-Georgia Border generally following the Fall Line Freeway from Columbus Georgia to Augusta, Georgia specifically:

(B)

travelling along United States Route 80 (JR Allen Parkway) through Columbus, Georgia and near Fort Benning, Georgia, east to Talbot County, Georgia where it would follow Georgia Route 96, then commencing on Georgia Route 49C (Fort Valley Bypass) to Georgia Route 49 (Peach Parkway) to its intersection with Interstate route 75 in Byron, Georgia;

(C)

continuing north along Interstate Route 75 through Warner Robins and Macon, Georgia where it would meet Interstate Route 16. Following Interstate 16 east it would next join United States Route 80 and then onto State Route 57; and

(D)

commencing with State Route 57 which turns into State Route 24 near Milledgeville, Georgia would then bypass Wrens, Georgia with a newly constructed bypass. After the bypass it would join United States Route 1 near Fort Gordon into Augusta, Georgia where it will terminate at Interstate Route 520.

.

(b)

Inclusion of certain segments on interstate system

Section 1105(e)(5)(A) of the Intermodal Surface Transportation Efficiency Act of 1991 is amended in the first sentence—

(1)

by inserting subsection (c)(84), after subsection (c)(83),; and

(2)

by striking and subsection (c)(90) and inserting subsection (c)(90), subsection (c)(91), subsection (c)(92), subsection (c)(93), and subsection (c)(94).

(c)

Designation

Section 1105(e)(5)(C) of the Intermodal Surface Transportation Efficiency Act of 1991 is amended by striking The route referred to in subsection (c)(84) is designated as Interstate Route I–14. and inserting The route referred to in subsection (c)(84)(A) is designated as Interstate Route I–14 North. The route referred to in subsection (c)(84)(B) is designated as Interstate Route I–14 South. The Bryan/College Station, Texas loop referred to in subsection (c)(84) is designated as Interstate Route I–214. The routes referred to in subparagraphs (C), (D), (E), (F), and (G) of subsection (c)(84) and in subsections (c)(91), (c)(92), (c)(93), and (c)(94) are designated as Interstate Route I–14..

107.

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.

108.

Accessibility of public transportation for residents of areas of concentrated poverty

Not later than 60 days after the date of the enactment of this Act, the Secretary of Transportation shall submit to Congress a report that includes—

(1)

a description of the unique challenges that residents of areas of concentrated poverty face when riding public transportation; and

(2)

an assessment of how accessible public transportation that receives Federal funds is for residents of areas of concentrated poverty.

B

Surface Transportation

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.

I

Federal-Aid Highways

A

Authorizations and Program Conditions

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

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

(B)

Socially and economically disadvantaged individuals

The term socially and economically disadvantaged individuals has the meaning given the term in section 8(d) of the Small Business Act (15 U.S.C. 637(d)) and relevant subcontracting regulations issued pursuant to that Act, except that women shall be presumed to be socially and economically disadvantaged individuals for purposes of this subsection.

(3)

Amounts for small business concerns

Except to the extent that the Secretary of Transportation determines otherwise, not less than 10 percent of the amounts made available for any program under titles I, II, V, and VII of this division and section 403 of title 23, United States Code, shall be expended through small business concerns owned and controlled by socially and economically disadvantaged individuals.

(4)

Annual listing of disadvantaged business enterprises

Each State shall annually—

(A)

survey and compile a list of the small business concerns referred to in paragraph (3) in the State, including the location of the small business concerns in the State; and

(B)

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

(i)

women;

(ii)

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

(iii)

individuals who are women and are otherwise socially and economically disadvantaged individuals.

(5)

Uniform certification

(A)

In general

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

(B)

Inclusions

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

(i)

on-site visits;

(ii)

personal interviews with personnel;

(iii)

issuance or inspection of licenses;

(iv)

analyses of stock ownership;

(v)

listings of equipment;

(vi)

analyses of bonding capacity;

(vii)

listings of work completed;

(viii)

examination of the resumes of principal owners;

(ix)

analyses of financial capacity; and

(x)

analyses of the type of work preferred.

(6)

Reporting

The Secretary of Transportation shall establish minimum requirements for use by State governments in reporting to the Secretary—

(A)

information concerning disadvantaged business enterprise awards, commitments, and achievements; and

(B)

such other information as the Secretary determines to be appropriate for the proper monitoring of the disadvantaged business enterprise program.

(7)

Compliance with court orders

Nothing in this subsection limits the eligibility of an individual or entity to receive funds made available under titles I, II, V, and VII of this division and section 403 of title 23, United States Code, if the entity or person is prevented, in whole or in part, from complying with paragraph (3) because a Federal court issues a final order in which the court finds that a requirement or the implementation of paragraph (3) is unconstitutional.

(8)

Sense of Congress on prompt payment of DBE subcontractors

It is the sense of Congress that—

(A)

the Secretary of Transportation should take additional steps to ensure that recipients comply with section 26.29 of title 49, Code of Federal Regulations (the disadvantaged business enterprises prompt payment rule), or any corresponding regulation, in awarding federally funded transportation contracts under laws and regulations administered by the Secretary; and

(B)

such additional steps should include increasing the Department of Transportation’s ability to track and keep records of complaints and to make that information publicly available.

(d)

Limitation on financial assistance for state-Owned enterprises

(1)

In general

Funds provided under this section may not be used in awarding or exercising an option on a previously awarded contract, a contract, subcontract, grant, or loan to an entity that is owned or controlled by, is a subsidiary of, or is otherwise related legally or financially to a corporation based in a country that—

(A)

is identified as a nonmarket economy country (as defined in section 771(18) of the Tariff Act of 1930 (19 U.S.C. 1677(18))) as of the date of enactment of this Act;

(B)

was identified by the United States Trade Representative in the most recent report required by section 182 of the Trade Act of 1974 (19 U.S.C. 2242) as a priority foreign country under subsection (a)(2) of that section; and

(C)

is subject to monitoring by the Trade Representative under section 306 of the Trade Act of 1974 (19 U.S.C. 2416).

(2)

Exception

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

(3)

International agreements

This subsection shall be applied in a manner consistent with the obligations of the United States under international agreements.

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.

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.

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).

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);

(iii)

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

(iv)

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

(v)

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

(vi)

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

(I)

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

(II)

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

(vii)

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

(viii)

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

(ix)

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

(x)

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

;

(3)

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

(4)

in subsection (e)—

(A)

by striking There is authorized and inserting For fiscal year 2022 and each fiscal year thereafter, there is authorized; and

(B)

by striking for any of fiscal years 2017 through 2020; and

(5)

in subsection (f)(1) by striking section 1102 or 3018 of the FAST Act and inserting any other provision of law.

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.

(d)

Improving Risk Based Stewardship and Oversight

Not later than 180 days after the date of enactment of this Act, the Secretary shall reference U.S. DOT Office of Inspector General Report No. ST2020035 and take the following actions to improve the risk based stewardship and oversight of the Department of Transportation:

(1)

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

(2)

Identify and notify Divisions about sources of information that can inform the project risk-assessment process.

(3)

Update and implement FHWA’s guidance for risk-based project involvement to clarify how the link between elevated risks and associated oversight activities, changes to oversight actions, and the results of its risk-based involvement should be documented in project oversight plans.

(4)

Develop and implement a process to routinely monitor the implementation and evaluate the effectiveness of FHWA’s risk-based project involvement.

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)

notification and justification of the deviation is provided to the Secretary and the State; 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 consider a deviation under this paragraph on a programmatic basis.

; and

(5)

by adding at the end the following:

(s)

Context sensitive design

(1)

Context sensitive design principles

The Secretary shall 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.

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.

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.

.

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.

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 HOV facility with a speed of 50 miles per hour or greater and inserting 35 miles per hour, in the case of a HOV facility with a speed limit of 45 miles per hour or greater;

(3)

in subsection (d)(2)(B) by striking morning or evening weekday peak hour periods (or both) and inserting peak hour periods;

(4)

in subsection (e)—

(A)

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

(B)

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

(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.

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.

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.

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.

.

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.

.

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).

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.

1118.

Additional support to rebuild rural communities

To carry out section 1307 of this Act, there are authorized to be appropriated $100,000,000 for fiscal year 2023 and $50,000,000 for fiscal year 2024.

1119.

Federal grants for pedestrian and bike safety improvements

(a)

In general

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

(b)

No toll

A covered public authority may not charge a toll, fee, or other levy for use of such improvements.

(c)

Effective date

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

(d)

Definitions

In this section, the following definitions apply:

(1)

Covered public authority

The term covered public authority means a public authority with jurisdiction over a toll facility located within both—

(A)

a National Scenic Area; and

(B)

the National Trail System.

(2)

National Scenic Area

The term National Scenic Area means an area of the National Forest System federally designated as a National Scenic Area in recognition of the outstanding natural, scenic, and recreational values of the area.

(3)

National Trail System

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

(4)

Public authority; toll facility

The terms public authority and toll facility have the meanings such terms would have if such terms were included in chapter 1 of title 23, United States Code.

B

Programmatic Infrastructure Investment

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 transportation demand modeling used to calculate the benefit-cost analysis has a documented record of accuracy.

.

1202.

Increasing the resilience of transportation assets

(a)

Predisaster mitigation program

(1)

In general

Chapter 1 of title 23, United States Code, is amended by inserting after section 123 the following:

124.

Predisaster mitigation program

(a)

Establishment

The Secretary shall establish and implement a predisaster mitigation program to enhance the resilience of the transportation system of the United States, mitigate the impacts of covered events, and ensure the efficient use of Federal resources.

(b)

Eligible activities

(1)

In general

Subject to paragraph (2), funds apportioned to the State under section 104(b)(8) may be obligated for construction activities, including construction of natural infrastructure or protective features, 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, national security functions, or critical infrastructure; and

(C)

ease disruptions to vulnerable, at-risk, or transit-dependant populations.

(c)

Guidance

The Secretary shall provide guidance to States to assist with the implementation of paragraphs (2) and (3) of subsection (b).

(d)

Definitions

In this section:

(1)

Covered event

The term covered event means a climate change effect (including sea level rise), 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, access to health care and public health facilities, and emergency response during an emergency event, and identifies any improvements or redundant facilities necessary to adequately facilitate safe passage;

(IV)

describes the metropolitan planning organization’s adaptation and resilience improvement strategies that will inform the transportation investment decisions of the metropolitan planning organization; and

(V)

is consistent with and complementary of the State 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, access to health care and public health facilities, and emergency response during an emergency event, and identifies any improvements or redundant facilities necessary to adequately facilitate safe passage;

(IV)

describes the metropolitan planning organization’s adaptation and resilience improvement strategies that will inform the transportation investment decisions of the metropolitan planning organization; and

(V)

is consistent with and complementary of the State 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, access to health care and public health facilities, and emergency response during an emergency event, and identifies any improvements or redundant facilities necessary to adequately facilitate safe passage;

(iv)

describes the States’s adaptation and resilience improvement strategies that will inform the transportation investment decisions of the State; and

(v)

is consistent with and complementary of the State 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, access to health care and public health facilities, and emergency response during an emergency event, and identifies any improvements or redundant facilities necessary to adequately facilitate safe passage;

(iv)

describes the 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.

.

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)

Hazard mitigation pilot program

(1)

In General

The Secretary shall establish a hazard mitigation pilot program for the purpose of mitigating future hazards posed to Federal-aid highways.

(2)

Distribution of funds

(A)

Authorization of appropriations

There is authorized to be appropriated such sums as may be necessary for the pilot program established under this subsection.

(B)

Calculation

Every 6 months, the Secretary shall calculate the total amount of outstanding eligible repair costs under the emergency relief program under this section, including the emergency relief backlog, for each State, territory, Tribal government, or other eligible entity.

(C)

Distribution

Any amounts made available under this subsection shall be distributed to each State, territory, Tribal government, or other eligible entity based on—

(i)

the ratio of the total amount of outstanding eligible repair costs as described under subparagraph (B); bears to

(ii)

the total amounts appropriated for the purposes described in this subsection.

(D)

Limitation

The distribution described under subparagraph (C) shall not exceed 5 percent of the amount described in subparagraph (B).

(3)

Eligible activities

Amounts made available under this subsection shall be used for protective features or other hazard mitigation activities that—

(A)

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

(B)

are eligible under section 124.

(4)

Report

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.

(5)

Sunset

The authority provided under this subsection shall terminate on October 1, 2025.

(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)

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).

(c)

Repeal

Section 668.105(h) of title 23, Code of Federal Regulations, is repealed.

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

(C)

Infrastructure and noninfrastructure projects and strategies to prevent or reduce suicide or trespasser fatalities and injuries along railroad rights-of-way and at or near railway-highway crossings.

(D)

Projects to mitigate any degradation in the level of access from a highway-grade crossing closure.

(E)

Bicycle and pedestrian railway grade crossing improvements, including underpasses and overpasses.

(F)

Projects eligible under section 22907(c)(5) of title 49, provided that amounts obligated under this subparagraph—

(i)

shall be administered by the Secretary in accordance with such section as if such amounts were made available to carry out such section; and

(ii)

may be used to pay up to 90 percent of the non-Federal share of the cost of a project carried out under such section.

(2)

Special rule

If a State demonstrates to the satisfaction of the Secretary that the State has met all its needs for installation of protective devices at railway-highway crossings, the State may use funds made available by this section for other highway safety improvement program purposes.

;

(6)

by striking subsection (f) and inserting the following:

(f)

Federal share

Notwithstanding section 120, the Federal share payable on account of any project financed with funds made available to carry out subsection (e) shall be up to 90 percent of the cost thereof.

;

(7)

by striking subsection (g) and inserting the following:

(g)

Report

(1)

State report

(A)

In general

Not later than 2 years after the date of enactment of the INVEST in America Act, and at least biennially thereafter, each State shall submit to the Secretary a report on the progress being made to implement the railway crossings program authorized by this section and the effectiveness of 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.

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).

(20)

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

;

(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 one 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)—

(A)

in the heading by striking 5,000 and inserting 50,000; and

(B)

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

(b)

Clerical amendment

The analysis for chapter 1 of title 23, United States Code, is amended by striking the item relating to section 133 and inserting the following:

133. Surface transportation program.

.

(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)

Public transportation

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

(3)

Highway use tax evasion projects

Section 143(b)(8) of title 23, United States Code, is amended in the heading by striking block grant.

(4)

Congestion mitigation and air quality improvement program

Section 149(d) of title 23, United States Code, is amended—

(A)

in paragraph (1)(B) by striking block grant; and

(B)

in paragraph (2)(A) by striking block grant.

(5)

Territorial and Puerto Rico highway program

Section 165 of title 23, United States Code, is amended—

(A)

in subsection (b)(2)(A)(ii) by striking block grant each time such term appears; and

(B)

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

(6)

Magnetic levitation transportation technology deployment program

Section 322(h)(3) of title 23, United States Code, is amended by striking block grant.

(7)

Training and education

Section 504(a)(4) of title 23, United States Code, is amended by striking block grant.

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 one or more full-time State employee positions to administer this subsection.

(B)

Use of funds

Amounts used under subparagraph (A) may be expended—

(i)

directly by the State; or

(ii)

through contracts with State agencies, private entities, or nonprofit entities.

(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).

.

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.

.

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.

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.

(7)

Metropolitan planning area assessments

A metropolitan planning organization that represents an urbanized area with a population greater than 200,000 shall complete a vulnerable user safety assessment based on the most recent 5 years of available data, unless an assessment was completed in the previous 5 years, including—

(A)

a description of the location within the urbanized area 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 that represent a high-risk area identified under paragraph (2)(B) 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).

.

(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).

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.

.

1211.

Electric vehicle charging stations

(a)

Electric vehicle charging stations

Chapter 1 of title 23, United States Code, is amended by inserting after section 154 the following new section:

155.

Electric vehicle charging stations

(a)

In general

Any electric vehicle charging infrastructure funded under this title shall be subject to the requirements of this section.

(b)

Interoperability

(1)

In general

Electric vehicle charging stations funded under this title shall provide, at a minimum, two of the following charging connector types at the location:

(A)

CCS.

(B)

CHAdeMO.

(C)

An alternative connector that meets applicable industry safety 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.

.

(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 subsection (a) or (b), the Secretary shall permit, consistent with section 155, the charging of electric vehicles on rights-of-way of the Interstate System 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.

.

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, including local pollution derived from vehicles idling at railway crossings;

(C)

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

(D)

wildlife habitat loss; and

(8)

to decrease any adverse impact of freight transportation on communities located near freight facilities or freight corridors.

;

(2)

in subsection (e) 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.

1213.

Carbon pollution reduction

(a)

In general

Chapter 1 of title 23, United States Code, is amended by adding at the end the following:

171.

Carbon pollution reduction

(a)

Establishment

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

(b)

Eligible projects

A project is eligible for funding under this section if such project—

(1)

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

(2)

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

(3)

is—

(A)

eligible for assistance under this title or under chapter 53 of title 49; or

(B)

a capital project, as such term is defined in section 22906 of title 49, to improve intercity rail passenger transportation, provided that the project will yield a significant reduction in single occupant vehicle trips and 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.

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.

.

1215.

Safe routes to school program

(a)

In general

Chapter 2 of title 23, United States Code, is amended by inserting after section 210 the following:

211.

Safe routes to school program

(a)

Program

The Secretary shall carry out a safe routes to school program for the benefit of children in primary, middle, and high schools.

(b)

Purposes

The purposes of the program shall be—

(1)

to enable and encourage children, including those with disabilities, to walk and bicycle to school;

(2)

to make bicycling and walking to school a safer and more appealing transportation alternative, thereby encouraging a healthy and active lifestyle from an early age; and

(3)

to facilitate the planning, development, and implementation of projects and activities that will improve safety and reduce traffic, fuel consumption, and air pollution in the vicinity of schools.

(c)

Use of funds

Amounts apportioned to a State under paragraphs (2) and (3) of section 104(b) may be used to carry out projects, programs, and other activities under this section.

(d)

Eligible entities

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

(e)

Eligible projects and activities

(1)

Infrastructure-related projects

(A)

In general

A State may obligate funds under this section for the planning, design, and construction of infrastructure-related projects that will substantially improve the ability of students to walk and bicycle to school, including sidewalk improvements, traffic calming and speed reduction improvements, pedestrian and bicycle crossing improvements, on-street bicycle facilities, off-street bicycle and pedestrian facilities, secure bicycle parking facilities, and traffic diversion improvements in the vicinity of schools.

(B)

Location of projects

Infrastructure-related projects under subparagraph (A) may be carried out on any public road or any bicycle or pedestrian pathway or trail in the vicinity of schools.

(2)

Noninfrastructure-related activities

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

(A)

public awareness campaigns and outreach to press and community leaders;

(B)

traffic education and enforcement in the vicinity of schools;

(C)

student sessions on bicycle and pedestrian safety, health, and environment;

(D)

programs that address personal safety; and

(E)

funding for training, volunteers, and managers of safe routes to school programs.

(3)

Safe routes to school coordinator

Each State receiving an apportionment under paragraphs (2) and (3) of section 104(b) shall use a sufficient amount of the apportionment to fund a full-time position of coordinator of the State’s safe routes to school program.

(4)

Rural school district outreach

A coordinator described in paragraph (3) shall conduct outreach to ensure that rural school districts in the State are aware of such State’s safe routes to school program and any funds authorized by this section.

(f)

Federal share

The Federal share of the cost of a project, program, or activity under this section shall be 100 percent.

(g)

Clearinghouse

(1)

In general

The Secretary shall maintain a national safe routes to school clearinghouse to—

(A)

develop information and educational programs on safe routes to school; and

(B)

provide technical assistance and disseminate techniques and strategies used for successful safe routes to school programs.

(2)

Funding

The Secretary shall carry out this subsection using amounts authorized to be appropriated for administrative expenses under section 104(a).

(h)

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.

.

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.

.

1217.

Noise barriers

(a)

Permitting use of highway trust fund for construction of certain noise barriers

Section 339(b)(1) of the National Highway System Designation Act of 1995 (23 U.S.C. 109 note) is amended to read as follows:

(1)

General rule

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

(A)

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

(B)

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

(i)

are residential in nature; and

(ii)

either—

(I)

were constructed before the construction or most recent widening of the highway or noise corridor; or

(II)

are at least 10 years old.

.

(b)

Eligibility for surface transportation block grant funds

Section 133 of title 23, United States Code, is amended—

(1)

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

(20)

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

; and

(2)

in subsection (c)(2) by inserting and paragraph (20) after (11).

C

Project-Level Investments

1301.

Projects of national and regional significance

(a)

In general

Section 117 of title 23, United States Code, is amended to read as follows:

117.

Projects of national and regional significance

(a)

Establishment

The Secretary shall establish a projects of national and regional significance program under which the Secretary may make grants to, and establish multiyear grant agreements with, eligible entities in accordance with this section.

(b)

Applications

To be eligible for a grant under this section, an eligible entity shall submit to the Secretary an application in such form, in such manner, and containing such information as the Secretary may require.

(c)

Grant amounts and project costs

(1)

In general

Each grant made under this section—

(A)

shall be in an amount that is at least $25,000,000; and

(B)

shall be for a project that has eligible project costs that are reasonably anticipated to equal or exceed the lesser of—

(i)

$100,000,000; or

(ii)

in the case of a project—

(I)

located in 1 State or territory, 30 percent of the amount apportioned under this chapter to the State or territory in the most recently completed fiscal year; or

(II)

located in more than 1 State or territory, 50 percent of the amount apportioned under this chapter to the participating State or territory with the largest apportionment under this chapter in the most recently completed fiscal year.

(2)

Large projects

For a project that has eligible project costs that are reasonably anticipated to equal or exceed $500,000,000, a grant made under this section—

(A)

shall be in an amount sufficient to fully fund the project, or in the case of a public transportation project, a minimum operable segment, in combination with other funding sources, including non-Federal financial commitment, identified in the application; and

(B)

may be awarded pursuant to the process under subsection (d), as necessary based on the amount of the grant.

(d)

Multiyear grant agreements for large projects

(1)

In general

A large project that receives a grant under this section may be carried out through a multiyear grant agreement in accordance with this subsection.

(2)

Requirements

A multiyear grant agreement for a large project shall—

(A)

establish the terms of participation by the Federal Government in the project;

(B)

establish the amount of Federal financial assistance for the project;

(C)

establish a schedule of anticipated Federal obligations for the project that provides for obligation of the full grant amount by not later than 4 fiscal years after the fiscal year in which the initial amount is provided; and

(D)

determine the period of time for completing the project, even if such period extends beyond the period of an authorization.

(3)

Special rules

(A)

In general

A multiyear grant agreement under this subsection—

(i)

shall obligate an amount of available budget authority specified in law; and

(ii)

may include a commitment, contingent on amounts to be specified in law in advance for commitments under this paragraph, to obligate an additional amount from future available budget authority specified in law.

(B)

Contingent commitment

A contingent commitment under this subsection is not an obligation of the Federal Government under section 1501 of title 31.

(C)

Interest and other financing costs

(i)

In general

Interest and other financing costs of carrying out a part of the project within a reasonable time shall be considered a cost of carrying out the project under a multiyear grant agreement, except that eligible costs may not be more than the cost of the most favorable financing terms reasonably available for the project at the time of borrowing.

(ii)

Certification

The applicant shall certify to the Secretary that the applicant has shown reasonable diligence in seeking the most favorable financing terms.

(4)

Advance payment

An eligible entity carrying out a large project under a multiyear grant agreement—

(A)

may use funds made available to the eligible entity under this title or title 49 for eligible project costs of the large project; and

(B)

shall be reimbursed, at the option of the eligible entity, for such expenditures from the amount made available under the multiyear grant agreement for the project in that fiscal year or a subsequent fiscal year.

(e)

Eligible projects

(1)

In general

The Secretary may make a grant under this section only for a project that is a project eligible for assistance under this title or chapter 53 of title 49 and is—

(A)

a bridge project carried out on the National Highway System, or that is eligible to be carried out under section 165;

(B)

a project to improve person throughput that is—

(i)

a highway project carried out on the National Highway System, or that is eligible to be carried out under section 165;

(ii)

a public transportation project; or

(iii)

a capital project, as such term is defined in section 22906 of title 49, to improve intercity rail passenger transportation; or

(C)

a project to improve freight throughput that is—

(i)

a highway freight project carried out on the National Highway Freight Network established under section 167 or on the National Highway System;

(ii)

a freight intermodal, freight rail, or railway-highway grade crossing or grade separation project; or