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H.R. 3684: Infrastructure Investment and Jobs Act


The text of the bill below is as of Jun 4, 2021 (Introduced).


I

117th CONGRESS

1st Session

H. R. 3684

IN THE HOUSE OF REPRESENTATIVES

June 4, 2021

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

A BILL

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

1.

Short title

This Act may be cited as the Investing in a New Vision for the Environment and Surface Transportation in America Act or the INVEST in America Act.

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 2022

Sec. 101. Definitions.

Sec. 102. Extension of Federal Surface Transportation programs.

Sec. 103. Additional amounts for the Federal-aid highway program and member designated projects.

Sec. 104. Federal Transit Administration.

Sec. 105. National highway traffic safety administration.

Sec. 106. Federal motor carrier safety administration.

Sec. 107. Member designated project authorizations.

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

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.

Sec. 1218. Safe streets for all.

Sec. 1219. Youth service and conservation corps.

Subtitle C—Project-Level Investments

Sec. 1301. Projects of national and regional significance.

Sec. 1302. Community transportation investment grant program.

Sec. 1303. Clean corridors program.

Sec. 1304. Community climate innovation grants.

Sec. 1305. Metro performance program.

Sec. 1306. Gridlock reduction grant program.

Sec. 1307. Rebuild rural bridges program.

Sec. 1308. Parking for commercial motor vehicles.

Sec. 1309. Active connected transportation grant program.

Sec. 1310. Wildlife crossings program.

Sec. 1311. Reconnecting neighborhoods program.

Sec. 1312. Apprenticeship utilization.

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.

Sec. 1511. Federal lands access program.

Subtitle F—Additional Provisions

Sec. 1601. Vision zero.

Sec. 1602. Speed limits.

Sec. 1603. Dig Once for 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. Nationwide road safety assessment.

Sec. 1618. Climate resilient transportation infrastructure study.

Sec. 1619. Natural gas, electric battery, and zero emission vehicles.

Sec. 1620. Guidance on evacuation routes.

Sec. 1621. High priority corridors on National Highway System.

Sec. 1622. Guidance on inundated and submerged roads.

Sec. 1623. Dry bulk weight tolerance.

Sec. 1624. Highway use tax evasion projects.

Sec. 1625. Labor standards.

Sec. 1626. Climate resiliency report by GAO.

Sec. 1627. Designation of John R. Lewis Voting Rights Highway.

Sec. 1628. GAO study on capital needs of public ferries.

Sec. 1629. Use of modeling and simulation technology.

Sec. 1630. GAO study on per-mile user fee equity.

Sec. 1631. GAO review of equity considerations at state DOTs.

Sec. 1632. Study on effectiveness of suicide prevention nets and barriers for structures other than bridges.

Sec. 1633. Repeal of pilot program.

Sec. 1634. Technical corrections.

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 years 2022 and 2023 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.

Sec. 2113. Study on accessibility of public transportation.

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. 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.

Sec. 2405. Workforce development training grants.

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.

Sec. 2504. Equity in transit service planning.

Sec. 2505. GAO study on fare-free 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.

Sec. 2807. Transit vehicle battery recycling and reuse.

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.

Sec. 2918. Capital investment grant streamlining.

Title III—Highway Traffic Safety

Sec. 3001. Authorization of appropriations.

Sec. 3002. Highway safety programs.

Sec. 3003. Fair and equitable traffic safety enforcement.

Sec. 3004. Highway safety research and development.

Sec. 3005. Grant program to prohibit racial profiling.

Sec. 3006. National safety campaigns.

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.

Sec. 3015. Comptroller General study on national DUI reporting.

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.

Sec. 4207. Broker guidance.

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.

Sec. 4311. Use of data.

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.

Sec. 4409. Universal electronic identifier.

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. Transportation equity research program.

Sec. 5110. Surface transportation research, development, and technology.

Sec. 5111. Metropolitan planning research pilot 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. 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. Surface transportation workforce retraining grant program.

Sec. 5307. Third-party data integration pilot program.

Sec. 5308. Third-party data planning integration pilot program.

Sec. 5309. 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.

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.

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. Lithium battery approval.

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. Bridges, stations, and tunnels (BeST) grant program.

Sec. 9106. Buy America.

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. Access to recreational trails.

Sec. 9217. Amtrak cybersecurity enhancement and resiliency grant program.

Sec. 9218. Amtrak and private cars.

Sec. 9219. Amtrak Office of Community Outreach.

Sec. 9220. Long-distance customer enhancement program.

Sec. 9221. Amtrak carbon-free and renewable energy initiatives.

Title III—Intercity Passenger Rail Policy

Sec. 9301. Northeast Corridor Commission.

Sec. 9302. Northeast Corridor planning.

Sec. 9303. Protective arrangements.

Sec. 9304. Interstate rail compacts.

Sec. 9305. High-speed rail updates.

Sec. 9306. State rail planning formula 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.

Title V—Rail Safety

Subtitle A—Passenger and Freight Safety

Sec. 9501. Study on safety impact of long trains.

Sec. 9502. FRA safety reporting.

Sec. 9503. Waiver notice requirements.

Sec. 9504. Notice of FRA comprehensive safety culture assessments.

Sec. 9505. FRA accident and incident investigations.

Sec. 9506. Freight train crew size safety standards.

Sec. 9507. Border crossings.

Sec. 9508. Yardmasters hours of service.

Sec. 9509. Leaking brakes.

Sec. 9510. Report on PTC system failures.

Sec. 9511. Fatigue reduction management plans.

Sec. 9512. Assault prevention and response plans.

Sec. 9513. Critical incident stress plans.

Sec. 9514. Crewmember certification and qualification.

Sec. 9515. Safety management team communication.

Sec. 9516. GAO study on reorganization of Office of Railroad Safety.

Sec. 9517. Open-top rail car public input.

Sec. 9518. New passenger service pre-revenue safety validation plan.

Sec. 9519. Safety oversight of nontraditional and emerging rail technologies.

Subtitle B—Grade Crossing Safety

Sec. 9551. Highway-rail grade crossing separation grants.

Sec. 9552. Rail safety public awareness grant.

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

Sec. 9554. National blocked crossing database.

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

Sec. 9556. National highway-rail crossing inventory review.

Sec. 9557. Railroad trespassing enforcement grants.

Sec. 9558. Railroad trespassing suicide prevention grants.

Sec. 9559. Including railroad suicides.

Sec. 9560. Report on safety measures required for Quiet Zones.

Title VI—Miscellaneous

Sec. 9601. Rail network climate change vulnerability assessment.

Sec. 9602. Advance acquisition.

Sec. 9603. University rail climate innovation grant program.

Sec. 9604. Workforce diversity and development.

Sec. 9605. Requirements for railroad freight cars entering service in United States.

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 2022

101.

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)

Member designated project

The term member designated project means a project listed in the table in section 107.

(4)

Member designated project funds

The term member designated project funds means funds reserved under subsections (d)(1)(B)(i), (f)(1)(A), and (g)(1)(A) to carry out member designated projects listed in the table in section 107(c).

(5)

Secretary

The term Secretary means the Secretary of Transportation.

(6)

State

The term State means the 50 States and the District of Columbia.

(7)

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.

102.

Extension of Federal Surface Transportation programs

(a)

Extension of Federal Surface Transportation Programs

(1)

In general

Unless 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, 2021, are incorporated by reference and shall continue in effect through September 30, 2022.

(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 2022, for each program under the covered laws with respect to which amounts are authorized to be appropriated from such account for fiscal year 2021, an amount equal to the amount authorized for appropriation with respect to the program from such account for fiscal year 2021.

(II)

Administrative expenses

Notwithstanding any other provision of this division, there is authorized to be appropriated from the Highway Account for fiscal year 2022—

(aa)

$516,000,000 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

(I)

In general

There is authorized to be appropriated from the Mass Transit Account for fiscal year 2022, for each program under the covered laws with respect to which amounts are authorized to be appropriated from such account for fiscal year 2021, an amount equal to the amount authorized for appropriation with respect to the program from such account for fiscal year 2021.

(II)

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 2022.

(B)

General fund

(i)

In general

Except as provided in clauses (ii) and (iii), there is authorized to be appropriated for fiscal year 2022, for each program under covered laws with respect to which amounts are authorized to be appropriated for fiscal year 2021 from an account other than the Highway Account or the Mass Transit Account, an amount not less than the amount authorized for appropriation with respect to the program under the covered laws for fiscal year 2021.

(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 2022 $131,500,000 for necessary administrative expenses of the Federal Transit Administration.

(iii)

Capital investment grants

Notwithstanding any other provision of this division, there is authorized to be appropriated from the general fund of the Treasury for fiscal year 2022 $3,250,000,000 to carry out section 5309 of title 49, United States Code.

(3)

Use of funds

Except as otherwise provided in this division, amounts authorized to be appropriated for fiscal year 2022 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 2021 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 2022 in the same amount and in the same manner as the limitation applicable with respect to the program for fiscal year 2021 under the title I of the Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2021 (Public Law 116–260).

(B)

Federal-aid highway and highway safety construction programs

(i)

In general

Notwithstanding any other provision of this section, section 1102 of the FAST Act (Public Law 114–94), section 1101 of title I of division B of the Continuing Appropriations Act, 2021 and Other Extensions Act (Public Law 116–159), or title I of the Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2021 (Public Law 116–260), for fiscal year 2022, the obligations for Federal-aid highway and highway safety construction programs shall not exceed $46,400,294,311.

(ii)

Limitation on Federal highway administration administrative expenses

Notwithstanding any other provision of this section, of the amount described in clause (i), for fiscal year 2022 an amount not to exceed $492,000,000 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 or transferred to the Appalachian Regional Commission for administrative activities associated with the Appalachian Development Highway System.

(b)

Nationally significant freight and highway projects

Section 117(d)(2)(A) of title 23, United States Code, is amended in the matter preceding clause (i)—

(1)

by striking $600,000,000 and inserting $700,000,000; and

(2)

by striking 2021 and inserting 2022.

(c)

Disadvantaged business enterprises

Section 1101(b) of the FAST Act (Public Law 114–94) (except for the requirements related to gross receipts under paragraph (2)(A)(ii) of such section) shall apply to amounts made available under sections 102, 103, 104 of this division.

(d)

Definitions

In this section, the term covered laws means the following:

(1)

Section 1101 of title I of division B of the Continuing Appropriations Act, 2021 and Other Extensions Act (Public Law 116–159).

(2)

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

(3)

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).

(4)

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

(5)

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

(6)

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

(7)

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

(8)

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).

(9)

Title 23, United States Code.

(10)

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

103.

Additional amounts for the Federal-aid highway program and member designated projects

(a)

Authorization of appropriations

(1)

In general

In addition to amounts authorized under section 102, there is authorized to be appropriated from the Highway Account for fiscal year 2022, for activities under this section, $14,742,808,640.

(2)

Contract authority

Amounts authorized to be appropriated under paragraph (1) shall be available for obligation as if apportioned under chapter 1 of title 23, United States Code.

(b)

Obligation authority

(1)

In general

(A)

Amount

Notwithstanding any other provision of law, for fiscal year 2022, obligations for activities authorized under subsection (a) shall not exceed $14,742,808,640.

(B)

Period of availability

(i)

In general

Except as provided in clause (ii), obligation authority made available under this paragraph shall—

(I)

remain available until September 30, 2025; and

(II)

be in addition to the amount of any limitation imposed on obligations for Federal-aid highway and highway safety construction programs for fiscal year 2022 under section 102 or future fiscal years under any other provision of law.

(ii)

Exception

Except as provided in subsection (i)(2)(E), obligation authority associated with a member designated project shall remain available until expended.

(2)

Distribution of obligation authority

(A)

In general

Of the obligation authority provided under paragraph (1), the Secretary shall make available to States, Tribes, Puerto Rico, the territories, and Federal land management agencies, during the period of fiscal year 2022, amounts of obligation authority equal to the amounts described in paragraphs (1) through (5) of subsection (c), respectively.

(B)

Further distribution

Each State, each Tribe, Puerto Rico, each territory, and each Federal land management agency receiving funds under paragraphs (1) through (5) of subsection (c), respectively, shall receive an amount of obligation authority equal to the funds received under any of such paragraphs.

(c)

Distribution of funds

Amounts authorized to be appropriated for fiscal year 2022 under subsection (a) shall be distributed as follows:

(1)

$14,343,545,973 to the States.

(2)

$167,481,814 to Tribes.

(3)

$52,400,251 to Puerto Rico.

(4)

$55,012,918 to the territories.

(5)

$124,367,684 to Federal land management agencies.

(d)

Supplemental State funds

(1)

Distribution

(A)

Among States

Amounts distributed to States under subsection (c)(1) 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 2022.

(B)

Within a State

Of the amount distributed to a State under subparagraph (A)—

(i)

the amount specified in section 107 for each member designated project in the State shall be reserved to carry out such project; and

(ii)

any remaining amount shall be available to the State under paragraph (2).

(2)

Treatment

Funds made available under paragraph (1)(B)(ii) shall be—

(A)

available for activities eligible under section 133(b) of title 23, United States Code, subject to subsection (c) of such section; and

(B)

administered as if apportioned under chapter 1 of title 23, United States Code.

(e)

Tribal funds

Amounts distributed to Tribes under subsection (c)(2) shall be—

(1)

available for activities eligible under the tribal transportation program under section 202 of title 23, United States Code; and

(2)

administered as if allocated under section 202 of title 23, United States Code, except that the set-aside described in subparagraph (C) of section 202(b)(3) of such title and subsections (a)(6), (c), (d), and (e) of section 202 of such title shall not apply to such funds.

(f)

Puerto Rico funds

(1)

Distribution

Of the amount distributed to Puerto Rico under subsection (c)(3)—

(A)

the amount specified in section 107 for each member designated project in Puerto Rico shall be reserved to carry out such project; and

(B)

any remaining amount shall be available to Puerto Rico under paragraph (2).

(2)

Treatment

Funds made available under paragraph (1)(B) shall be—

(A)

administered as if allocated under section 165(b) of title 23, United States Code;

(B)

available for activities described under paragraph (2)(C)(iii) of such section; and

(C)

not subsection to subparagraph (A) or (B) of paragraph (2) of such section.

(g)

Territorial funds

(1)

Distribution

Of the amount distributed to a territory under subsection (c)(4)—

(A)

the amount specified in section 107 for each member designated project in the territory shall be reserved to carry out such project;

(B)

of amounts remaining after the distribution under subparagraph (A), not more than $1,392,918 shall be made available to American Samoa; and

(C)

any remaining amount shall be available to the territories as described under paragraph (2).

(2)

Treatment

Funds made available under subparagraphs (B) and (C) of paragraph (1) shall be administered as if allocated under, and available for activities described under, section 165(c) of title 23, United States Code.

(h)

Federal land management agency funds

(1)

Distribution

Amounts distributed under subsection (c)(5) shall be distributed among the Federal land management agencies as follows:

(A)

$99,494,147 for the National Park Service.

(B)

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

(C)

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

(D)

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

(2)

Treatment

Funds made available under paragraph (1) shall be—

(A)

available for activities eligible under the Federal lands transportation program under section 203 of title 23, United States Code; and

(B)

administered as if allocated under section 203 of title 23, United States Code.

(i)

Member designated projects

(1)

Treatment

(A)

In general

Member designated project funds shall be available until expended, except as specified in paragraph (2)(C)(iv).

(B)

Requirements

(i)

In general

Except as specified in paragraph (2)(C)(iv) or clauses (ii) or (iii), member designated project funds shall be administered as if apportioned—

(I)

for a project eligible under chapter 1 of title 23, United States Code, under such chapter;

(II)

for a project eligible under chapter 2 of title 23, United States Code, under such chapter; or

(III)

for a project eligible under chapter 53 of title 49, United States Code, under such chapter.

(ii)

Federal share

Notwithstanding any other provision of law, the Federal share of the cost of a project assisted with member designated project funds shall be determined in accordance with section 120 of title 23, United States Code, or, in the case of a transit capital project, may be determined in accordance with section 5323(i)(1) of title 49, United States Code, if applicable.

(iii)

Transit projects

(I)

Transfers

Member designated project funds made available for transit capital and planning projects may be transferred to, and administered by, the Secretary in accordance with section 104(f) of title 23, United States Code.

(II)

Designated recipients

Member designated project authorizations specified in section 107 distributed to a State for transit capital and planning projects shall be made available for obligation to a designated or direct recipient or subrecipient under chapter 53 of title 49, United States Code, as specified in section 107 or, if no such eligible recipient is identified, to the designated recipient in the location specified in such section.

(2)

Repurposing of funds

(A)

In general

(i)

Request

Beginning on October 1, 2025, except as described in clause (ii), if less than 10 percent of the amount reserved for a member designated project for a State, Puerto Rico, or territory has been obligated, the State, Puerto Rico, or a territory, respectively, may submit to the Secretary, a request to use, under subparagraph (B)—

(I)

the unobligated amount reserved for the member designated project; and

(II)

the obligation authority that is associated with such amount.

(ii)

Completed projects

If the project has been completed and an unobligated amount remains reserved for a member designated project, a State, Puerto Rico, or territory may submit to the Secretary certification that such project has been completed (and the Secretary shall verify such completion). Upon verification, the State, Puerto Rico, or territory, respectively, may use, under subparagraph (B)—

(I)

the unobligated amount reserved for the member designated project; and

(II)

the obligation authority that is associated with such amount.

(B)

Considerations

In making the determination under subparagraph (A)(i), the Secretary shall—

(i)

consider whether the member designated project can be completed with the amount reserved for the member designated project and other committed funds;

(ii)

determine whether the public entity serving as the project sponsor listed in the Committee Report, or any subsequent report superceding such Committee Report, accompanying this Act supports the proposed repurposing; and

(iii)

ensure that the proposed repurposing would be used for a project with the same eligible project type.

(C)

Treatment

Funds for which the Secretary approves a request or verifies a completed project under subparagraph (A)—

(i)

may be used and shall be treated—

(I)

for a request by a State, as if such amount was made available under subsection (d)(1)(B)(ii);

(II)

for a request by Puerto Rico, as if such amount was made available under subsection (f)(1)(B); and

(III)

for a request by a territory, as if such amount was made available under subsection (g)(1)(C);

(ii)

shall be used within the location described in subparagraph (D)(ii);

(iii)

shall be subject to the Federal share specified in section 120 of title 23, United States Code, or, in the case of a transit capital project, may be determined in accordance with section 5323(i)(1) of title 49, United States Code, as applicable; and

(iv)

notwithstanding paragraph (1)(A)(ii), shall remain available for obligation for a period of 3 fiscal years after the last day of the fiscal year in which the Secretary approves the request.

(D)

Location of projects

Funds for which the Secretary approves a request under subparagraph (A) shall—

(i)

for funds specified in section 107 to be used within a metropolitan planning area (as such term is defined in section 134(b) of title 23, United States Code), applied to an activity within or predominantly serving such metropolitan area;

(ii)

for funds specified in section 107 to be used within a political subdivision of a State, applied to an activity within or predominantly serving such political subdivision;

(iii)

for funds specified in section 107 to be used within Puerto Rico, applied to an activity within Puerto Rico; and

(iv)

for funds specified in section 107 to be used within a territory, applied to an activity within such territory.

(E)

Obligation authority

Notwithstanding subsection (b)(1)(B)(ii), obligation authority that is repurposed under this paragraph shall remain available for obligation for a period of 3 fiscal years after the last day of the fiscal year in which the Secretary approves the request or verifies the completed project under subparagraph (A).

104.

Federal Transit Administration

(a)

All stations accessibility program

(1)

In general

The Secretary may make grants under this subsection to assist eligible entities in financing capital projects to upgrade accessibility for persons with disabilities by increasing the number of covered stations that meet (including exceeding) the new construction standards of title II of the Americans with Disabilities Act of 1990 (42 U.S.C. 12131 et seq.).

(2)

Eligible costs

A grant awarded under this section shall be used on a covered system for the purpose described in paragraph (1) only—

(A)

for a project to repair, improve, or relocate station infrastructure at a covered station;

(B)

to develop or modify a plan for pursuing public transportation accessibility projects; or

(C)

to carry out other projects at covered stations that meet (including exceeding) the new construction standards of title II of the Americans with Disabilities Act of 1990 (42 U.S.C. 12131 et seq.).

(3)

Eligible facilities

The Secretary—

(A)

may not provide a grant awarded under this subsection to upgrade a station that is accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, consistent with current new construction standards under title II the Americans with Disabilities Act of 1990 (42 U.S.C. 1231 et seq.); and

(B)

may provide a grant to upgrade a station that is not accessible and usable as described in paragraph (1), even if related services, programs, or activities, when viewed in entirety, are readily accessible and usable as so described.

(4)

Application

To apply for a grant under this subsection, an applicant shall provide to the Secretary such information as the Secretary may require, including, at a minimum, information on—

(A)

the extent to which the proposed project will increase the accessibility of a covered system;

(B)

projected improvements in access to jobs, community activities, and essential destinations provided by such project;

(C)

the applicant’s plans to—

(i)

enhance the customer experience and maximize accessibility of rolling stock and stations for individuals with disabilities;

(ii)

improve the operations of, provide efficiencies of service to, and enhance the public transportation system for individuals with disabilities; and

(iii)

address equity of service to all riders regardless of ability, including for riders of differing abilities that are low-income, seniors, or riders from communities of color; and

(D)

coordination between the applicant and disability advocacy entities.

(5)

Federal share

The Federal share of the net project cost of a grant provided under this subsection shall be 90 percent. The recipient may provide additional local matching amounts.

(6)

Grant requirements

Except as otherwise provided under this subsection, a grant provided under this subsection shall be subject to the requirements of section 5307 of title 49, United States Code.

(7)

Grant solicitation

The Secretary may provide funds authorized under this subsection through 1 or more notices of funding opportunity.

(8)

Authorization of appropriations

There is authorized to be appropriated from the Mass Transit Account $1,000,000,000 for fiscal year 2022 to provide grants under this subsection.

(9)

Availability of amounts

Amounts made available under this subsection shall be available for a period of 4 fiscal years after the fiscal year in which the amount is made available.

(10)

Definitions

In this section:

(A)

Covered station

The term covered station means a rail fixed guideway public transportation station for passenger use constructed prior to the date of enactment of this Act.

(B)

Covered system

The term covered system means a rail fixed guideway public transportation system that was in operation before July 26, 1990.

(C)

Disability

The term disability has the meaning given such term in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102).

(D)

Eligible entity

The term eligible entity means a State or local governmental authority that operates a rail fixed guideway public transportation system that was in operation before July 26, 1990.

(b)

Reducing transit deserts

(1)

In general

The Secretary may make grants under this subsection to eligible recipients for eligible projects to establish new bus service or increase the frequency of bus service.

(2)

Eligible projects

Eligible projects under this subsection are projects in eligible areas—

(A)

to establish or enhance bus service with headways equal to or shorter than 20 minutes for at least 18 hours per day in neighborhoods lacking such service; or

(B)

to establish or increase express lane transit service that connects communities to jobs and essential destinations, as long as such service will improve mobility or expand affordable transportation options in underserved communities.

(3)

Eligible costs

Eligible costs under this section include—

(A)

acquisition of vehicles;

(B)

acquisition, installation, and construction of bus stops, stations, and related infrastructure;

(C)

construction or expansion of maintenance facilities to support the new or enhanced service;

(D)

maintenance activities to support the expanded service; and

(E)

operating expenses for up to 2 years beginning on the first day of revenue service.

(4)

Application

To apply for a grant under this subsection, an applicant shall provide to the Secretary such information as the Secretary may require, including information on the extent to which the project will—

(A)

provide reliable and frequent connections to jobs and essential destinations;

(B)

reduce air pollution and greenhouse gas emissions; and

(C)

support unserved and underserved populations and communities.

(5)

Federal share

(A)

In general

The Federal share of the net project cost of a capital project carried out using a grant under this subsection shall be 80 percent. The recipient may provide additional local matching amounts.

(B)

Operating costs

The Federal share of net operating costs for a project carried out using a grant under this subsection shall be not more than 50 percent.

(6)

Grant requirements

(A)

In general

A grant under this subsection shall be subject to the requirements of section 5307 of title 49, United States Code, for eligible recipients, except operating expenses shall be eligible for funding under this subsection for 2 years beginning on the first day of revenue service in urbanized areas with populations greater than 200,000.

(B)

New or enhanced service

The new or enhanced service funded under this subsection shall be operated for a period of at least 5 years.

(7)

Grant solicitation

The Secretary may provide funds authorized under this subsection through 1 or more notices of funding opportunity.

(8)

Justice40 Initiative

In making competitive grants under this subsection, the Secretary shall, to the extent practicable, have a goal that 40 percent of the overall benefits of the Federal investment flow to disadvantaged communities, consistent with sections 219 and 223 of Executive Order 14008 and related regulations, Executive Orders, and administrative guidance.

(9)

Availability of amounts

Any amounts made available under this subsection—

(A)

shall remain available for 2 fiscal years after the fiscal year for which the amount is made available; and

(B)

that remain unobligated at the end of the period described in subparagraph (A) shall be made available to other eligible projects.

(10)

Authorization of appropriations

There is authorized to be appropriated out of the Mass Transit Account $1,000,000,000 for fiscal year 2022 to provide grants under this subsection.

(11)

Definitions

In this subsection:

(A)

Eligible area

The term eligible area means a neighborhood or service area, as defined by the Secretary, within an urbanized area that has a population of more than 100,000 where fewer than 45,000 annual fixed route bus vehicle revenue miles per square mile are operated.

(B)

Eligible recipient

The term eligible recipient means—

(i)

designated recipients that allocate funds to fixed route bus operators or express lane transit operators; or

(ii)

State or local governmental entities that operate or propose to operate fixed route bus service or express lane transit.

(C)

Express lane transit

The term express lane transit means an integrated combination of bus rapid transit and tolled managed lanes that allows for limited access entry of toll paying vehicles to restricted lanes, while prioritizing transit’s need and use of available capacity in order to improve transit performance.

(c)

Federal share adjustments

(1)

In general

In addition to amounts made available under section 5338(b) of title 49, United States Code, and section 102(a)(2)(B)(iii) of this division, there are authorized to be appropriated for fiscal year 2022 such sums as may be necessary to increase the Federal share, at the request of the project sponsor, of a new fixed guideway, a core capacity improvement, or a small starts project that is not open to revenue service and that has received an allocation of funding in fiscal years 2019, 2020, or 2021.

(2)

Considerations

In making allocations under subparagraph (1), the Secretary shall take into consideration the extent to which the project sponsor demonstrates a need for a higher Federal share, including the extent to which—

(A)

a project sponsor made a local financial commitment that exceeded the required non-Federal share of the cost of the project;

(B)

a project sponsor has experienced, as a result of the coronavirus public health emergency, a loss of non-Federal revenues that were intended to support the project.

(3)

Adjustment

Notwithstanding any other provision of law, the Secretary may increase the Federal share of a project under this section by up to 30 percent, up to a maximum of an 80 percent Federal share.

(4)

Amount

Amounts distributed under this subsection shall be provided notwithstanding the limitation of any calculation of the maximum amount of Federal financial assistance for the project for a new fixed guideway, a core capacity improvement, or a small start project.

105.

National highway traffic safety administration

(a)

Special funding for fiscal year 2022

(1)

In general

(A)

Authorization of appropriations

In addition to amounts authorized under section 102, there is authorized to be appropriated from the Highway Account for fiscal year 2022, 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 2022, obligations for activities authorized under this paragraph and obligations for activities authorized under section 102(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 2022 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)

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, fiscal year 2022, 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.

106.

Federal motor carrier safety administration

(a)

Special funding for fiscal year 2022

(1)

Authorization of appropriations

(A)

In general

In addition to amounts authorized under section 102, there is authorized to be appropriated from the Highway Account for fiscal year 2022, for activities under this subsection, $209,900,000.

(B)

Obligation limitation

Notwithstanding any other provision of law, for fiscal year 2022, 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 2022 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

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)

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—

(1)

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

(2)

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

(3)

a Large Truck Crash Causal Factors Study of the Administration.

107.

Member designated project authorizations

(a)

Member designated projects

The amount listed for each member designated project in the table in subsection (c) shall be available (from amounts made available by paragraphs (1), (3), and (4) of section 103(c)) for fiscal year 2022 to carry out each such project.

(b)

Savings clause

(1)

Additional information

In administering member designated projects, the Secretary shall consider the additional information provided in the Committee Report, or any subsequent report superceding such Committee Report, accompanying this Act.

(2)

Subsequent phases

(A)

In general

Subject to subparagraph (B), nothing in the table in subsection (c), or in the Committee Report, or any subsequent report superceding such Committee Report, accompanying this Act, shall prevent the Secretary, at the discretion of the Secretary, from allowing a subsequent phase of a member designated project to be carried out with funds reserved for such project under subsection (c).

(B)

Project sponsor concurrence

The Secretary shall only allow under this paragraph a subsequent phase of a member designated project to be carried out with funds reserved for such project under subsection (c) with the concurrence of the project sponsor for such project listed in the Committee Report accompanying this Act,

(3)

Repurposing

Nothing in the table in subsection (c), or the Committee Report, or any subsequent report superceding such Committee Report, accompanying this Act, shall prevent funds reserved for a member designated project from being repurposed as described in section 103(i)(2), provided that all requirements in such section are satisfied.

(c)

Project designations

To be supplied.

B

Surface Transportation

1001.

Applicability of division

(a)

Applicability

This division, including the amendments made by this division, applies beginning on October 1, 2022.

(b)

Reference to date of enactment

In this division and the amendments made by this division, any reference to—

(1)

the date of enactment of this Act;

(2)

the date of enactment of a provision of this division;

(3)

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

(4)

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

shall be treated as a reference to October 1, 2022.
(c)

Exception for immediate application

Subsections (a) and (b) shall not apply to the following sections and any amendments made by such sections:

(1)

Section 1105.

(2)

Section 1107.

(3)

Section 1305.

(4)

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

(5)

Section 2106.

(6)

Section 2112.

(7)

Section 2204(1)(A).

(8)

Section 2305.

(9)

Section 2307.

(10)

Section 2902(2).

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 clean corridors program under section 151 of such title, the national highway freight program under section 167 of such title, the carbon pollution reduction program under section 171 of such title, and metropolitan planning under section 134 of such title—

(A)

$56,522,048,429 for fiscal year 2023;

(B)

$57,480,646,776 for fiscal year 2024;

(C)

$58,595,359,712 for fiscal year 2025; and

(D)

$59,618,666,186 for fiscal year 2026.

(2)

Transportation infrastructure finance and innovation program

For credit assistance under the transportation infrastructure finance and innovation program under chapter 6 of title 23, United States Code, $250,000,000 for each of fiscal years 2023 through 2026.

(3)

Construction of ferry boats and ferry terminal facilities

For construction of ferry boats and ferry terminal facilities under section 147 of title 23, United States Code, $120,000,000 for each of fiscal years 2023 through 2026.

(4)

Federal lands and tribal transportation programs

(A)

Tribal transportation program

For the tribal transportation program under section 202 of title 23, United States Code, $800,000,000 for each of fiscal years 2023 through 2026.

(B)

Federal lands transportation program

(i)

In general

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

(ii)

Allocation

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

(I)

the amount for the National Park Service is $400,000,000 for each of fiscal years 2023 through 2026;

(II)

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

(III)

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

(IV)

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

(V)

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

(VI)

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

(VII)

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

(C)

Federal lands access program

For the Federal lands access program under section 204 of title 23, United States Code, $345,000,000 for each of fiscal years 2023 through 2026.

(D)

Federal lands and tribal major projects grants

To carry out section 208 of title 23, United States Code, $400,000,000 for each of fiscal years 2023 through 2026.

(5)

Territorial and Puerto Rico highway program

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

(6)

Projects of national and regional significance

For projects of national and regional significance under section 117 of title 23, United States Code, $3,000,000,000 for each of fiscal years 2023 through 2026.

(7)

Community transportation investment grants

To carry out section 173 of title 23, United States Code, $600,000,000 for each of fiscal years 2023 through 2026.

(8)

Community climate innovation grants

To carry out section 172 of title 23, United States Code, $250,000,000 for each of fiscal years 2023 through 2026.

(9)

National scenic byways program

To carry out section 162 of title 23, United States Code, $16,000,000 for each of fiscal year 2023 through 2026.

(10)

Rebuild rural bridges program

To carry out section 1307 of this Act, $250,000,000 for each of fiscal years 2023 through 2026.

(11)

Parking for commercial motor vehicles

To carry out section 1308 of this Act, $250,000,000 for each of fiscal years 2023 through 2026.

(12)

Active connected transportation grant program

To carry out section 1309 of this Act, $250,000,000 for each of fiscal years 2023 through 2026.

(13)

Wildlife crossings program

To carry out section 1310 of this Act, $100,000,000 for each of fiscal years 2023 through 2026.

(14)

Reconnecting neighborhoods program

To carry out section 1311 of this Act, $750,000,000 for each of fiscal years 2023 through 2026.

(15)

Metro performance program

To carry out section 1305 of this Act, $250,000,000 for each of fiscal years 2023 through 2026.

(16)

Gridlock reduction grant program

To carry out section 1306 of this Act, $500,000,000 for fiscal year 2023.

(b)

Treatment of funds

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

(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)

To be supplied. for fiscal year 2023;

(2)

To be supplied. for fiscal year 2024;

(3)

To be supplied. for fiscal year 2025; and

(4)

To be supplied. for fiscal year 2026.

(b)

Exceptions

The limitations under subsection (a) shall not apply to obligations under or for—

(1)

section 125 of title 23, United States Code;

(2)

section 147 of the Surface Transportation Assistance Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);

(3)

section 9 of the Federal-Aid Highway Act of 1981 (95 Stat. 1701);

(4)

subsections (b) and (j) of section 131 of the Surface Transportation Assistance Act of 1982 (96 Stat. 2119);

(5)

subsections (b) and (c) of section 149 of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Stat. 198);

(6)

sections 1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102–240);

(7)

section 157 of title 23, United States Code (as in effect on June 8, 1998);

(8)

section 105 of title 23, United States Code (as in effect for fiscal years 1998 through 2004, but only in an amount equal to $639,000,000 for each of those fiscal years);

(9)

Federal-aid highway programs for which obligation authority was made available under the Transportation Equity Act for the 21st Century (112 Stat. 107) or subsequent Acts for multiple years or to remain available until expended, but only to the extent that the obligation authority has not lapsed or been used;

(10)

section 105 of title 23, United States Code (as in effect for fiscal years 2005 through 2012, but only in an amount equal to $639,000,000 for each of those fiscal years);

(11)

section 1603 of SAFETEA–LU (23 U.S.C. 118 note; 119 Stat. 1248), to the extent that funds obligated in accordance with that section were not subject to a limitation on obligations at the time at which the funds were initially made available for obligation;

(12)

section 119 of title 23, United States Code (as in effect for fiscal years 2013 through 2015, but only in an amount equal to $639,000,000 for each of those fiscal years);

(13)

section 119 of title 23, United States Code (but, for fiscal years 2016 through 2022, only in an amount equal to $639,000,000 for each of those fiscal years);

(14)

section 203 of title 23, United States Code (but, for fiscal years 2023 through 2026, only in an amount equal to $550,000,000 for each of those fiscal years); and

(15)

section 133(d)(1)(B) of title 23, United States Code (but, for fiscal years 2023 through 2026, only in an amount equal to $89,000,000 for each of those fiscal years).

(c)

Distribution of obligation authority

Subject to paragraph (1)(B), for each of fiscal years 2023 through 2026, the Secretary of Transportation—

(1)
(A)

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

(i)

amounts authorized for administrative expenses and programs by section 104(a) of title 23, United States Code;

(ii)

amounts authorized for the Bureau of Transportation Statistics;

(iii)

amounts authorized for the tribal transportation program under section 202 of title 23, United States Code; and

(iv)

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

(B)

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

(2)

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

(A)

made available from the Highway Trust Fund (other than the Mass Transit Account) for Federal-aid highway and highway safety construction programs for previous fiscal years, the funds for which are allocated by the Secretary (or apportioned by the Secretary under section 202 or 204 of title 23, United States Code); and

(B)

for which obligation authority was provided in a previous fiscal year;

(3)

shall determine the proportion that—

(A)

the obligation authority provided by subsection (a) for the fiscal year, less the aggregate of amounts not distributed under paragraphs (1) and (2) of this subsection; bears to

(B)

the total of—

(i)

the sums authorized to be appropriated for the Federal-aid highway and highway safety construction programs, other than sums authorized to be appropriated for—

(I)

provisions of law described in paragraphs (1) through (13) of subsection (b);

(II)

section 203 of title 23, United States Code, equal to the amount referred to in subsection (b)(14) for the fiscal year; and

(III)

section 133(d)(1)(B) of title 23, United States Code, equal to the amount referred to in subsection (b)(15) for the fiscal year; less

(ii)

the aggregate of the amounts not distributed under paragraphs (1) and (2) of this subsection;

(4)

shall distribute the obligation authority provided by subsection (a), less the aggregate amounts not distributed under paragraphs (1) and (2), for each of the programs (other than programs to which paragraph (1) applies) that are allocated by the Secretary under this Act and title 23, United States Code, or apportioned by the Secretary under section 202 or 204 of such title, by multiplying—

(A)

the proportion determined under paragraph (3); by

(B)

the amounts authorized to be appropriated for each such program for the fiscal year; and

(5)

shall distribute the obligation authority provided by subsection (a), less the aggregate amounts not distributed under paragraphs (1) and (2) and the amounts distributed under paragraph (4), for Federal-aid highway and highway safety construction programs that are apportioned by the Secretary under title 23, United States Code (other than the amounts apportioned for the surface transportation program in section 133(d)(1)(B) of title 23, United States Code, that are exempt from the limitation under subsection (b)(15) and the amounts apportioned under sections 202 and 204 of such title) in the proportion that—

(A)

amounts authorized to be appropriated for the programs that are apportioned under title 23, United States Code, to each State for the fiscal year; bears to

(B)

the total of the amounts authorized to be appropriated for the programs that are apportioned under title 23, United States Code, to all States for the fiscal year.

(d)

Redistribution of unused obligation authority

Notwithstanding subsection (c), the Secretary of Transportation shall, after August 1 of each of fiscal years 2023 through 2026—

(1)

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

(2)

redistribute sufficient amounts to those States able to obligate amounts in addition to those previously distributed during that fiscal year, giving priority to those States having large unobligated balances of funds apportioned under section 104 of title 23, United States Code.

(e)

Special limitation

(1)

In general

Except as provided in paragraph (2), obligation limitations imposed by subsection (a) shall apply to contract authority for—

(A)

transportation research programs carried out under chapter 5 of title 23, United States Code, and title V of this Act; and

(B)

the metro performance program under section 1305 of this Act.

(2)

Exception

Obligation authority made available under paragraph (1) shall—

(A)

remain available for a period of 4 fiscal years; and

(B)

be in addition to the amount of any limitation imposed on obligations for Federal-aid highway and highway safety construction programs for future fiscal years.

(f)

Lop-Off

(1)

In general

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

(A)

are authorized to be appropriated for the fiscal year for Federal-aid highway programs; and

(B)

the Secretary determines will not be allocated to the States (or will not be apportioned to the States under section 204 of title 23, United States Code), and will not be available for obligation, for the fiscal year because of the imposition of any obligation limitation for the fiscal year.

(2)

Ratio

Funds shall be distributed under paragraph (1) in the same proportion as the distribution of obligation authority under subsection (c)(5).

(3)

Availability

Funds distributed to each State under paragraph (1) shall be available for any purpose described in section 133(b) of title 23, United States Code.

1103.

Definitions and declaration of policy

Section 101 of title 23, United States Code, is amended—

(1)

in subsection (a)—

(A)

by redesignating paragraphs (1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (14), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25), (26), (27), (28), (29), (30), (31), (32), (33), and (34) as paragraphs (2), (4), (5), (7), (9), (11), (12), (13), (14), (15), (17), (18), (19), (20), (21), (22), (24), (25), (26), (27), (29), (30), (33), (34), (35), (36), (37), (38), (39), (43), (44), (45), (46), and (47), respectively;

(B)

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

(1)

Adaptation

The term adaptation means an adjustment in natural or human systems in anticipation of, or in response to, a changing environment in a way that moderates negative effects of extreme events or climate change.

;

(C)

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

(3)

Areas of persistent poverty

The term areas of persistent poverty means—

(A)

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

(B)

any census tract with a poverty rate of at least 20 percent, as measured by the most recent 5-year data series available from the American Community Survey of the Bureau of the Census for all States and Puerto Rico; or

(C)

any other territory or possession of the United States that has had 20 percent or more of its population living in poverty over the past 30 years, as measured by the 1990, 2000, and 2010 decennial censuses, or equivalent data, of the Bureau of the Census.

.

(D)

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

(6)

Climate change

The term climate change means any significant change in the measures of climate lasting for an extended period of time, and may include major changes in temperature, precipitation, wind patterns, or sea level, among others, that occur over several decades or longer.

;

(E)

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

(F)

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

(8)

Context sensitive design principles

The term context sensitive design principles means principles for the design of a public road that—

(A)

provides for the safe and adequate accommodation, in all phases of project planning, design, and development, transportation facilities for users, including pedestrians, bicyclists, public transportation users, children, older individuals, individuals with disabilities, motorists, and freight vehicles; and

(B)

considers the context in which the facility is planned to be constructed to determine the appropriate facility design.

;

(G)

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

(10)

Evacuation route

The term evacuation route means a transportation route or system that—

(A)

is used to transport—

(i)

the public away from an emergency event; or

(ii)

first responders and recovery resources in the event of an emergency; and

(B)

is identified, consistent with sections 134(i)(2)(I)(iii) and 135(f)(10)(C)(iii), by the eligible entity with jurisdiction over the area in which the route is located for the purposes described in subparagraph (A).

;

(H)

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

(16)

Greenhouse gas

The term greenhouse gas has the meaning given the term in section 211(o)(1)(G) of the Clean Air Act (42 U.S.C. 7545(o)(1)(G)).

;

(I)

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

(23)

Natural infrastructure

(A)

In general

The term natural infrastructure means infrastructure that uses, restores, or emulates natural ecological processes that—

(i)

is created through the action of natural physical, geological, biological, and chemical processes over time;

(ii)

is created by human design, engineering, and construction to emulate or act in concert with natural processes; or

(iii)

involves the use of plants, soils, and other natural features, including through the creation, restoration, or preservation of vegetated areas using materials appropriate to the region to manage stormwater and runoff, to attenuate flooding and storm surges, and for other related purposes.

(B)

Inclusion

The term natural infrastructure includes green infrastructure and nature-based solutions.

;

(J)

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

(28)

Protective feature

(A)

In general

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

(B)

Inclusions

The term protective feature includes—

(i)

raising roadway grades;

(ii)

relocating roadways to higher ground above projected flood elevation levels or away from slide prone areas;

(iii)

stabilizing slide areas;

(iv)

stabilizing slopes;

(v)

lengthening or raising bridges to increase waterway openings;

(vi)

increasing the size or number of drainage structures;

(vii)

replacing culverts with bridges or upsizing culverts;

(viii)

installing seismic retrofits on bridges;

(ix)

scour, stream stability, coastal, and other hydraulic countermeasures;

(x)

the use of natural infrastructure;

(xi)

integration of the use of traditional and natural infrastructure features;

(xii)

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

(xiii)

permeable pavements for stormwater management.

;

(K)

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

(31)

Repeatedly damaged facility

The term repeatedly damaged facility means a road, highway, or bridge that has required repair and reconstruction activities on 2 or more occasions due to natural disasters or catastrophic failures resulting in emergencies declared by the Governor of the State in which the road, highway, or bridge is located or emergencies or major disasters declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).

(32)

Resilience

(A)

In general

The term resilience means, with respect to a facility, the ability to—

(i)

anticipate, prepare for, or adapt to conditions; or

(ii)

withstand, respond to, or recover rapidly from disruptions.

(B)

Inclusions

Such term includes, with respect to a facility, the ability to—

(i)

resist hazards or withstand impacts from disruptions;

(ii)

reduce the magnitude, duration, or impact of a disruption; or

(iii)

have the absorptive capacity, adaptive capacity, and recoverability to decrease vulnerability to a disruption.

; and

(L)

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

(40)

Transportation demand management; TDM

The terms transportation demand management and TDM mean the use of strategies to inform and encourage travelers to maximize the efficiency of a transportation system leading to improved mobility, reduced congestion, and lower vehicle emissions.

(41)

Transportation demand management strategies

The term transportation demand management strategies means the use of planning, programs, policy, marketing, communications, incentives, pricing, data, and technology to shift travel mode, routes used, departure times, number of trips, and location and design work space or public attractions.

(42)

Transportation system access

The term transportation system access means the ability to travel by automobile, public transportation, pedestrian, and bicycle networks, measured by travel time, taking into consideration—

(A)

the impacts of the level of travel stress for non-motorized users;

(B)

costs for low-income travelers; and

(C)

the extent to which transportation access is impacted by zoning policies and land use planning practices that effect the affordability, elasticity, and diversity of the housing supply.

; and

(2)

in subsection (b)—

(A)

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

(B)

in paragraph (3)—

(i)

in subparagraph (A) by striking Century and inserting century;

(ii)

in subparagraph (G) by striking ; and and inserting a semicolon;

(iii)

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

(iv)

by adding at the end the following:

(I)

safety is the highest priority of the Department of Transportation, and the Secretary and States should take all actions necessary to meet the transportation needs of the 21st century for all road users;

(J)

climate change presents a significant risk to safety, the economy, and national security, and reducing the contributions of the transportation system to the Nation’s total carbon pollution is critical; and

(K)

the Secretary and States should take appropriate measures and ensure investments to increase the resilience of the Nation’s transportation system.

; and

(C)

in paragraph (4)(A) by inserting while ensuring that environmental protections are maintained after review process.

1104.

Apportionment

(a)

In general

Section 104 of title 23, United States Code, is amended—

(1)

in subsection (a)(1) by striking subparagraphs (A) through (E) and inserting the following:

(A)

$530,000,000 for fiscal year 2023;

(B)

$543,000,000 for fiscal year 2024;

(C)

$557,000,000 for fiscal year 2025; and

(D)

$572,000,000 for fiscal year 2026.

;

(2)

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

(b)

Division among programs of State’s share of base apportionment

The Secretary shall distribute the amount of the base apportionment apportioned to a State for a fiscal year under subsection (c) among the covered programs as follows:

(1)

National highway performance program

For the national highway performance program, 55.09 percent of the amount remaining after distributing amounts under paragraphs (4), (6), (7), and (10).

(2)

Surface transportation program

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

(3)

Highway safety improvement program

For the highway safety improvement program, 6.19 percent of the amount remaining after distributing amounts under paragraphs (4), (6), (7), and (10).

(4)

Congestion mitigation and air quality improvement program

(A)

In general

For the congestion mitigation and air quality improvement program, an amount determined for the State under subparagraphs (B) and (C).

(B)

Total amount

The total amount for the congestion mitigation and air quality improvement program for all States shall be—

(i)

$2,913,925,833 for fiscal year 2023;

(ii)

$2,964,919,535 for fiscal year 2024;

(iii)

$3,024,217,926 for fiscal year 2025; and

(iv)

$3,078,653,849 for fiscal year 2026.

(C)

State share

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

(i)

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

(ii)

the total amount of funds apportioned to all States for such program for fiscal year 2020.

(5)

National highway freight program

For the national highway freight program, 3.38 percent of the amount remaining after distributing amounts under paragraphs (4), (6), (7), and (10).

(6)

Metropolitan planning

(A)

In general

For metropolitan planning, an amount determined for the State under subparagraphs (B) and (C).

(B)

Total amount

The total amount for metropolitan planning for all States shall be—

(i)

$507,500,000 for fiscal year 2023;

(ii)

$516,381,250 for fiscal year 2024;

(iii)

$526,708,875 for fiscal year 2025; and

(iv)

$536,189,635 for fiscal year 2026.

(C)

State share

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

(i)

the amount apportioned to the State for metropolitan planning for fiscal year 2020; bears to

(ii)

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

(7)

Railway crossings

(A)

In general

For the railway crossings program, an amount determined for the State under subparagraphs (B) and (C).

(B)

Total amount

The total amount for the railway crossings program for all States shall be $245,000,000 for each of fiscal years 2023 through 2026.

(C)

State share

(i)

In general

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

(I)

50 percent of the amount for a fiscal year shall be apportioned to States by the formula set forth in section 104(b)(3)(A) (as in effect on the day before the date of enactment of MAP–21).

(II)

50 percent of the amount for a fiscal year shall be apportioned to States in the ratio that total public railway-highway crossings in each State bears to the total of such crossings in all States.

(ii)

Minimum apportionment

Notwithstanding clause (i), for each fiscal year, each State shall receive a minimum of one-half of 1 percent of the total amount for the railway crossings program for such fiscal year under subparagraph (B).

(8)

Predisaster mitigation program

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

(9)

Carbon pollution reduction program

For the carbon pollution reduction program, 3.95 percent of the amount remaining after distributing amounts under paragraphs (4), (6), (7), and (10).

(10)

Clean corridors

(A)

In general

For the clean corridors program, an amount determined for the State under subparagraphs (B) and (C).

(B)

Total amount

The total amount for the clean corridors program for all States shall be $1,000,000,000 for each of fiscal years 2023 through 2026.

(C)

State share

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

(i)

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

(ii)

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

(c)

Calculation of amounts

(1)

State share

For each of fiscal years 2023 through 2026, the amount for each State shall be determined as follows:

(A)

Initial amounts

The initial amounts for each State shall be determined by multiplying—

(i)

each of—

(I)

the base apportionment; and

(II)

supplemental funds reserved under subsection (h)(1) for the highway safety improvement program; by

(ii)

the share for each State, which shall be equal to the proportion that—

(I)

the amount of apportionments that the State received for fiscal year 2020; bears to

(II)

the amount of those apportionments received by all States for fiscal year 2020.

(B)

Adjustments to amounts

The initial amounts resulting from the calculation under subparagraph (A) shall be adjusted to ensure that each State receives an aggregate apportionment equal to at least 95 percent of the estimated tax payments attributable to highway users in the State paid into the Highway Trust Fund (other than the Mass Transit Account) in the most recent fiscal year for which data are available.

(2)

State apportionment

On October 1 of fiscal years 2023 through 2026, the Secretary shall apportion the sums authorized to be appropriated for expenditure on the covered programs in accordance with paragraph (1).

;

(3)

in subsection (d)(1)(A)—

(A)

in clause (i) by striking paragraphs (5)(D) and (6) of subsection (b) and inserting subsection (b)(6); and

(B)

in clause (ii) by striking paragraphs (5)(D) and (6) of subsection (b) and inserting subsection (b)(6); and

(4)

by striking subsections (h) and (i) and inserting the following:

(h)

Supplemental funds

(1)

Amount

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

(2)

Treatment of funds

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

(i)

Definitions

In this section:

(1)

Base apportionment

The term base apportionment means—

(A)

the combined amount authorized for the covered programs; minus

(B)

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

(2)

Covered programs

The term covered programs means—

(A)

the national highway performance program under section 119;

(B)

the surface transportation program under section 133;

(C)

the highway safety improvement program under section 148;

(D)

the congestion mitigation and air quality improvement program under section 149;

(E)

the national highway freight program under section 167;

(F)

metropolitan planning under section 134;

(G)

the railway crossings program under section 130;

(H)

the predisaster mitigation program under section 124;

(I)

the carbon pollution reduction program under section 171; and

(J)

the clean corridors program under section 151.

.

(b)

Federal share payable

Section 120(c)(3) of title 23, United States Code, is amended—

(1)

in subparagraph (A) by striking (5)(D),; and

(2)

in subparagraph (C)(i) by striking (5)(D),.

(c)

Metropolitan transportation planning; title 23

Section 134(p) of title 23, United States Code, is amended by striking paragraphs (5)(D) and (6) of section 104(b) and inserting section 104(b)(6).

(d)

Statewide and nonmetropolitan transportation planning

Section 135(i) of title 23, United States Code, is amended by striking paragraphs (5)(D) and (6) of section 104(b) and inserting section 104(b)(6).

(e)

Metropolitan transportation planning; title 49

Section 5303(p) of title 49, United States Code, is amended by striking section 104(b)(5) and inserting section 104(b)(6).

1105.

Additional deposits into Highway Trust Fund

Section 105 of title 23, United States Code, is amended—

(1)

in subsection (a) by striking FAST Act and inserting INVEST in America Act;

(2)

in subsection (c)—

(A)

in paragraph (1)(A) by striking to be appropriated each place it appears; and

(B)

by adding at the end the following:

(4)

Special rule

(A)

Adjustment

In making an adjustment under paragraph (1) for an allocation, reservation, or set-aside from an amount authorized from the Highway Account or Mass Transit Account described in subparagraph (B), the Secretary shall—

(i)

determine the ratio that—

(I)

the amount authorized to be appropriated for the allocation, reservation, or set-aside from the account for the fiscal year; bears to

(II)

the total amount authorized to be appropriated for such fiscal year for all programs under such account;

(ii)

multiply the ratio determined under clause (i) by the amount of the adjustment determined under subsection (b)(1)(B); and

(iii)

adjust the amount that the Secretary would have allocated for the allocation, reservation, or set-aside for such fiscal year but for this section by the amount calculated under clause (ii).

(B)

Allocations, reservations, and set-asides

The allocations, reservations, and set-asides described in this subparagraph are—

(i)

from the amount made available for a fiscal year for the Federal lands transportation program under section 203, the amounts allocated for a fiscal year for the National Park Service, the United States Fish and Wildlife Service, the United States Forest Service, the Corps of Engineers, the Bureau of Land Management, the Bureau of Reclamation, and independent Federal agencies with natural resource and land management responsibilities;

(ii)

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

(iii)

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

(iv)

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

(v)

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

(vi)

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

(I)

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

(II)

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

(vii)

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

(viii)

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

(ix)

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

(x)

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

;

(3)

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

(4)

in subsection (e)—

(A)

by striking There is authorized and inserting For fiscal year 2023 and each fiscal year thereafter, there is authorized; and

(B)

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

(5)

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

1106.

Transparency

(a)

Apportionment

Section 104 of title 23, United States Code, is amended by striking subsection (g) and inserting the following:

(g)

Highway Trust Fund transparency and accountability reports

(1)

Requirement

(A)

In general

The Secretary shall compile data in accordance with this subsection on the use of Federal-aid highway funds made available under this title.

(B)

User friendly data

The data compiled under subparagraph (A) shall be in a user friendly format that can be searched, downloaded, disaggregated, and filtered by data category.

(2)

Project data

(A)

In general

Not later than 120 days after the end of each fiscal year, the Secretary shall make available on the website of the Department of Transportation a report that describes—

(i)

the location of each active project within each State during such fiscal year, including in which congressional district or districts such project is located;

(ii)

the total cost of such project;

(iii)

the amount of Federal funding obligated for such project;

(iv)

the program or programs from which Federal funds have been obligated for such project;

(v)

whether such project is located in an area of the State with a population of—

(I)

less than 5,000 individuals;

(II)

5,000 or more individuals but less than 50,000 individuals;

(III)

50,000 or more individuals but less than 200,001 individuals; or

(IV)

greater than 200,000 individuals;

(vi)

whether such project is located in an area of persistent poverty;

(vii)

the type of improvement being made by such project, including categorizing such project as—

(I)

a road reconstruction project;

(II)

a new road construction project;

(III)

a new bridge construction project;

(IV)

a bridge rehabilitation project; or

(V)

a bridge replacement project; and

(viii)

the functional classification of the roadway on which such project is located.

(B)

Interactive map

In addition to the data made available under subparagraph (A), the Secretary shall make available on the website of the Department of Transportation an interactive map that displays, for each active project, the information described in clauses (i) through (v) of subparagraph (A).

(3)

State data

(A)

Apportioned and allocated programs

The website described in paragraph (2)(A) shall be updated annually to display the Federal-aid highway funds apportioned and allocated to each State under this title, including—

(i)

the amount of funding available for obligation by the State, including prior unobligated balances, at the start of the fiscal year;

(ii)

the amount of funding obligated by the State during such fiscal year;

(iii)

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

(iv)

changes in the obligated, unexpended balance for the State.

(B)

Programmatic data

The data described in subparagraph (A) shall include—

(i)

the amount of funding by each apportioned and allocated program for which the State received funding under this title;

(ii)

the amount of funding transferred between programs by the State during the fiscal year using the authority provided under section 126; and

(iii)

the amount and program category of Federal funds exchanged as described in section 106(g)(6).

(4)

Definitions

In this subsection:

(A)

Active project

(i)

In general

The term active project means a Federal-aid highway project using funds made available under this title on which those funds were obligated or expended during the fiscal year for which the estimated total cost as of the start of construction is greater than $5,000,000.

(ii)

Exclusion

The term active project does not include any project for which funds are transferred to agencies other than the Federal Highway Administration.

(B)

Interactive map

The term interactive map means a map displayed on the public website of the Department of Transportation that allows a user to select and view information for each active project, State, and congressional district.

(C)

State

The term State means any of the 50 States or the District of Columbia.

.

(b)

Project approval and oversight

Section 106 of title 23, United States Code, is amended—

(1)

in subsection (g)—

(A)

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

(B)

Assistance to States

The Secretary shall—

(i)

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

(ii)

provide training, guidance, and other assistance to States and subrecipients as needed to ensure that projects administered by subrecipients comply with the requirements of this title.

(C)

Periodic review

The Secretary shall review, not less frequently than every 2 years, the monitoring of subrecipients by the States.

; and

(B)

by adding at the end the following:

(6)

Federal funding exchange programs

(A)

In general

If a State allows a subrecipient to exchange Federal funds provided under this title that are allocated to such subrecipient for State or local funds, the State must certify to the Secretary that the State—

(i)

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

(ii)

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

(B)

Applicability

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

(C)

Covered project defined

In this paragraph, the term covered project means a project carried out with exchanged State or local funds as described in subparagraph (A).

;

(2)

in subsection (h)(3)—

(A)

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

(B)

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

(3)

by adding at the end the following:

(k)

Megaprojects

(1)

Comprehensive risk management plan

To be authorized for the construction of a megaproject, the recipient of Federal financial assistance under this title for such megaproject shall submit to the Secretary a comprehensive risk management plan that contains—

(A)

a description of the process by which the recipient will identify, quantify, and monitor the risks, including natural hazards, that might result in cost overruns, project delays, reduced construction quality, or reductions in benefits with respect to the megaproject;

(B)

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

(C)

a plan to control such risks; and

(D)

such assurances as the Secretary determines appropriate that the recipient shall, with respect to the megaproject—

(i)

regularly submit to the Secretary updated cost estimates; and

(ii)

maintain and regularly reassess financial reserves for addressing known and unknown risks.

(2)

Peer review group

(A)

In general

Not later than 90 days after the date on which a megaproject is authorized for construction, the recipient of Federal financial assistance under this title for such megaproject shall establish a peer review group for such megaproject that consists of at least 5 individuals (including at least 1 individual with project management experience) to give expert advice on the scientific, technical, and project management aspects of the megaproject.

(B)

Membership

(i)

In general

Not later than 180 days after the date of enactment of this subsection, the Secretary shall establish guidelines describing how a recipient described in subparagraph (A) shall—

(I)

recruit and select members for a peer review group established under such subparagraph; and

(II)

make publicly available the criteria for such selection and identify the members so selected.

(ii)

Conflict of interest

No member of a peer review group for a megaproject may have a direct or indirect financial interest in such megaproject.

(C)

Tasks

A peer review group established under subparagraph (A) by a recipient of Federal financial assistance for a megaproject shall—

(i)

meet annually until completion of the megaproject;

(ii)

not later than 90 days after the date of the establishment of the peer review group and not later than 90 days after the date of any significant change, as determined by the Secretary, to the scope, schedule, or budget of the megaproject, review the scope, schedule, and budget of the megaproject, including planning, engineering, financing, and any other elements determined appropriate by the Secretary; and

(iii)

submit to the Secretary, Congress, and such recipient a report on the findings of each review under clause (ii).

(3)

Transparency

Not later than 90 days after the submission of a report under paragraph (2)(C)(iii), the Secretary shall publish on the website of the Department of Transportation such report.

(4)

Megaproject defined

In this subsection, the term megaproject means a project under this title that has an estimated total cost of $2,000,000,000 or more, and such other projects as may be identified by the Secretary.

(l)

Special experimental projects

(1)

Public availability

The Secretary shall publish on the website of the Department of Transportation a copy of all letters of interest, proposals, workplans, and reports related to the special experimental project authority pursuant to section 502(b). The Secretary shall redact confidential business information, as necessary, from any such information published.

(2)

Notification

Not later than 3 days before making a determination to proceed with an experiment under a letter of interest described in paragraph (1), the Secretary shall provide notification and a description of the proposed experiment to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate.

(3)

Report to Congress

Not later than 2 years after the date of enactment of the INVEST in America Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that includes—

(A)

a summary of each experiment described in this subsection carried out over the previous 5 years; and

(B)

legislative recommendations, if any, based on the findings of such experiments.

(m)

Competitive grant program oversight and accountability

(1)

In general

To ensure the accountability and oversight of the discretionary grant selection process administered by the Secretary, a covered program shall be subject to the requirements of this section, in addition to the requirements applicable to each covered program.

(2)

Application process

The Secretary shall—

(A)

develop a template for applicants to use to summarize—

(i)

project needs and benefits; and

(ii)

any factors, requirements, or considerations established for the applicable covered program;

(B)

create a data driven process to evaluate, as set forth in the covered program, each eligible project for which an application is received; and

(C)

make a determination, based on the evaluation made pursuant to subparagraph (B), on any ratings, rankings, scores, or similar metrics for applications made to the covered program.

(3)

Notification of congress

Not less than 15 days before making a grant for a covered program, the Secretary shall notify, in writing, the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on the Environment and Public Works of the Senate of—

(A)

the amount for each project proposed to be selected;

(B)

a description of the review process;

(C)

for each application, the determination made under paragraph (2)(C); and

(D)

a detailed explanation of the basis for each award proposed to be selected.

(4)

Notification of applicants

Not later than 30 days after making a grant for a project under a covered program, the Secretary shall send to all applicants under such covered program, and publish on the website of the Department of Transportation—

(A)

a summary of each application made to the covered program for the given round of funding; and

(B)

the evaluation and justification for the project selection, including all ratings, rankings, scores, or similar metrics for applications made to the covered program for the given round of funding during each phase of the grant selection process.

(5)

Briefing

The Secretary shall provide, at the request of a grant applicant of a covered program, the opportunity to receive a briefing to explain any reasons the grant applicant was not awarded a grant.

(6)

Template

The Secretary shall, to the extent practicable, develop a template as described in paragraph (2)(A) for any discretionary program administered by the Secretary that is not a covered program.

(7)

Covered program defined

The term covered program means each of the following discretionary grant programs:

(A)

Community climate innovation grants under section 172.

(B)

Federal lands and tribal major projects grants under section 208.

(C)

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

(D)

Rebuild rural bridges program under section 1307 of the INVEST in America Act.

(E)

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

(F)

Active connected transportation grants under section 1309 of the INVEST in America Act.

(G)

Wildlife crossings grants under section 1310 of the INVEST in America Act.

(H)

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

.

(c)

Division office consistency

Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that—

(1)

analyzes the consistency of determinations among division offices of the Federal Highway Administration; and

(2)

makes recommendations to improve the consistency of such determinations.

(d)

Improving Risk Based Stewardship and Oversight

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

(1)

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

(2)

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

(3)

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

(4)

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

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

(i)

In general

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

(I)

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

(II)

the design complies with all other applicable Federal and State laws.

(ii)

Review

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

(B)

State-owned roads

In the case of a roadway under the ownership of the State, the local jurisdiction may select the most appropriate design publication only with the concurrence of the State.

(C)

Programmatic basis

The Secretary may consider the use of a design publication under this paragraph on a programmatic basis.

; and

(5)

by adding at the end the following:

(s)

Context sensitive design

(1)

Context sensitive design principles

The Secretary shall consult with State and local officials prior to approving any roadway design publications under this section to ensure that the design publications provide adequate flexibility for a project sponsor to select the appropriate design of a roadway, consistent with context sensitive design principles.

(2)

Policies or procedures

(A)

In general

Not later than 1 year after the Secretary publishes the final guidance described in paragraph (3), each State shall adopt policies or procedures to evaluate the context of a proposed roadway and select the appropriate design, consistent with context sensitive design principles.

(B)

Local governments

The Secretary and States shall encourage local governments to adopt policies or procedures described under subparagraph (A).

(C)

Considerations

The policies or procedures developed under this paragraph shall take into consideration the guidance developed by the Secretary under paragraph (3).

(3)

Guidance

(A)

In general

(i)

Notice

Not later than 1 year after the date of enactment of this subsection, the Secretary shall publish guidance on the official website of the Department of Transportation on context sensitive design.

(ii)

Public review and comment

The guidance described in this paragraph shall be finalized following an opportunity for public review and comment.

(iii)

Update

The Secretary shall periodically update the guidance described in this paragraph, including the model policies or procedures described under subparagraph (B)(v).

(B)

Contents

The guidance described in this paragraph shall—

(i)

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

(ii)

identify opportunities to modify planning, scoping, design, and development procedures to more effectively combine modes of transportation into integrated facilities that meet the needs of each of such modes of transportation in an appropriate balance;

(iii)

identify metrics to assess the context of the facility, including surrounding land use or roadside characteristics;

(iv)

assess the expected operational and safety performance of facility design; and

(v)

establish model policies or procedures, consistent with the findings of such guidance, for a State or other project sponsor to evaluate the context of a proposed facility and select the appropriate facility design for the context.

(C)

Topics of emphasis

In addition to the contents in subparagraph (B), the guidance shall emphasize—

(i)

procedures for identifying the needs of users of all ages and abilities of a particular roadway;

(ii)

procedures for identifying the types and designs of facilities needed to serve various modes of transportation;

(iii)

safety and other benefits provided by carrying out context sensitive design principles;

(iv)

common barriers to carrying out context sensitive design principles;

(v)

procedures for overcoming the most common barriers to carrying out context sensitive design principles;

(vi)

procedures for identifying the costs associated with carrying out context sensitive design principles;

(vii)

procedures for maximizing local cooperation in the introduction of context sensitive design principles and carrying out those principles; and

(viii)

procedures for assessing and modifying the facilities and operational characteristics of existing roadways to improve consistency with context sensitive design principles.

(4)

Funding

Amounts made available under sections 104(b)(6) and 505 of this title may be used for States, local governments, metropolitan planning organizations, or regional transportation planning organizations to adopt policies or procedures to evaluate the context of a proposed roadway and select the appropriate design, consistent with context sensitive design principles.

.

(b)

Conforming amendment

Section 1404(b) of the FAST Act (23 U.S.C. 109 note) is repealed.

1108.

Innovative project delivery Federal share

(a)

In general

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

(1)

by striking clauses (i) and (ii) and inserting the following:

(i)

prefabricated bridge elements and systems, innovative materials, and other technologies to reduce bridge construction time, extend service life, and reduce preservation costs, as compared to conventionally designed and constructed bridges;

(ii)

innovative construction equipment, materials, techniques, or practices, including the use of in-place recycling technology, digital 3-dimensional modeling technologies, and advanced digital construction management systems;

;

(2)

by redesignating clause (vi) as clause (ix);

(3)

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

(4)

by inserting after clause (v) the following:

(vi)

innovative pavement materials that demonstrate reductions in—

(I)

greenhouse gas emissions through sequestration or innovative manufacturing processes; or

(II)

local air pollution, stormwater runoff, or noise pollution;

(vii)

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

(viii)

contractual provisions that provide safety contingency funds to incorporate safety enhancements to work zones prior to or during roadway construction and maintenance activities; or

.

(b)

Technical amendment

Section 107(a)(2) of title 23, United States Code, is amended by striking subsection (c) of.

1109.

Transferability of Federal-aid highway funds

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

(1)

in the heading by inserting and programs after set-Asides;

(2)

in paragraph (1) by striking and 133(d)(1)(A) and inserting , 130, 133(d)(1)(A), 133(h), 148(m), 149, 151(f), and 171; and

(3)

by striking paragraph (2) and inserting the following:

(2)

Environmental programs

With respect to an apportionment under either paragraph (4) or paragraph (9) of section 104(b), and notwithstanding paragraph (1), a State may only transfer not more than 50 percent from the amount of the apportionment of either such paragraph to the apportionment under the other such paragraph in a fiscal year.

.

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

(A)

In general

All toll facilities on Federal-aid highways shall provide for the regional interoperability of electronic toll collection, including through technologies or business practices.

(B)

Prohibition on restriction

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

(11)

Noncompliance

If the Secretary concludes that a public authority has not complied with the requirements of this subsection, the Secretary may require the public authority to discontinue collecting tolls until the public authority and the Secretary enter into an agreement for the public authority to achieve compliance with such requirements.

(12)

Definitions

In this subsection, the following definitions apply:

(A)

Federal participation

The term Federal participation means the use of funds made available under this title.

(B)

High occupancy vehicle; HOV

The term high occupancy vehicle or HOV means a vehicle with not fewer than 2 occupants.

(C)

Initial construction

(i)

In general

The term initial construction means the construction of a highway, bridge, tunnel, or other facility at any time before it is open to traffic.

(ii)

Exclusions

The term initial construction does not include any improvement to a highway, bridge, tunnel, or other facility after it is open to traffic.

(D)

Over-the-road bus

The term over-the-road bus has the meaning given the term in section 301 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12181).

(E)

Public authority

The term public authority means a State, interstate compact of States, or public entity designated by a State.

(F)

Public transportation vehicle

The term public transportation vehicle has the meaning given that term in section 166.

(G)

Toll facility

The term toll facility means a toll highway, bridge, or tunnel or approach to the highway, bridge, or tunnel constructed or authorized to be tolled under this subsection.

.

(b)

Repeal of Interstate System reconstruction and rehabilitation pilot program

Section 1216 of the Transportation Equity Act for the 21st Century (23 U.S.C. 129 note), and the item related to such section in the table of contents in section 1(b) of such Act, are repealed.

(c)

Value pricing pilot program

Section 1012(b) of the Intermodal Surface Transportation Efficiency Act of 1991 (23 U.S.C. 149 note) is amended by adding at the end the following:

(9)

Sunset

The Secretary may not consider an expression of interest submitted under this section after the date of enactment of this paragraph.

.

(d)

Savings clause

(1)

Application of limitations

Any toll facility described in paragraph (2) shall be subject to the requirements of section 129(a)(3) of title 23, United States Code, as in effect on the day before the date of enactment of this Act.

(2)

Toll facilities

A toll facility described in this paragraph is a facility that, on the day prior to the date of enactment of this Act, was—

(A)

operating;

(B)

in the planning and design phase; or

(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;

(B)

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

(C)

by adding at the end the following:

(6)

Emergency vehicles

The public authority may allow the following vehicles to use the HOV facility if the authority establishes requirements for clearly identifying the vehicles:

(A)

An emergency vehicle that is responding to an existing emergency.

(B)

A blood transport vehicle that is transporting blood between collection points and hospitals or storage centers.

.

(2)

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

(3)

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

(4)

in subsection (e)—

(A)

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

(B)

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

(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).

(4)

Consideration

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

(j)

Report

Not later than 120 days after the last day of each fiscal year, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Appropriations of the House of Representatives, the Committee on Environment and Public Works of the Senate, and the Committee on Appropriations of the Senate a report on the waivers provided under subsection (h) during the previous fiscal year and the justifications for such waivers.

(k)

Construction materials defined

In this section, the term construction materials means primary materials that are commonly used in highway construction, as determined by the Secretary.

.

(b)

Construction materials

(1)

Establishment of requirements

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

(2)

Considerations

The requirements of this section, and the amendments made by this section—

(A)

shall seek to maximize jobs located in the United States;

(B)

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

(C)

shall take into consideration the research conducted under subsection (c).

(3)

Applicability

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

(c)

Research on supply chains

(1)

In general

The Secretary shall conduct research on covered items that are commonly used or acquired under title 23, United States Code, including—

(A)

construction materials;

(B)

manufactured products;

(C)

vehicles; and

(D)

alternative fuel infrastructure and electric vehicle supply equipment.

(2)

Considerations

The research under paragraph (1) shall consider—

(A)

the domestic availability of covered items;

(B)

the supply chain for covered items.

(C)

the estimated market share of covered items from—

(i)

procurement under the Federal-aid highway program;

(ii)

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

(iii)

other Federal procurement; and

(D)

the cost differential, if any, of domestically produced covered items as compared to non-domestically produced covered items.

(3)

Domestic suppliers

As part of the review under this paragraph, the Secretary may establish and maintain a list of known domestic suppliers of covered items.

(4)

Definition of covered item

For the purposes of this section, the term covered item means any material or product subject to the requirements of section 313(a) of title 23, United States Code, that is commonly used in highway construction or procured under the Federal-aid highway program.

(d)

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

Section 113 of title 23, United States Code, is amended—

(1)

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

(a)

In general

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

;

(2)

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

(3)

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

(b)

Conforming amendments

(1)

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

(2)

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

(3)

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

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

(2)

in subsection (c)—

(A)

by striking paragraph (5) and inserting the following:

(5)

except as provided under paragraph (7), have a term of not more than 5 years;

;

(B)

in paragraph (6) by striking the period at the end and inserting ; and; and

(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.

;

(3)

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

(4)

by adding at the end the following:

(m)

Agency deemed to be Federal agency

A State agency that is assigned a responsibility under an agreement under this section shall be deemed to be an agency of the United States for the purposes of section 2412 of title 28.

.

1116.

Corrosion prevention for bridges

(a)

Definitions

In this section:

(1)

Applicable bridge projects

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

(2)

Certified contractor

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

(3)

Qualified training program

The term qualified training program means a training program in corrosion control, mitigation, and prevention that is either—

(A)

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

(B)

an industrial coatings applicator training program registered under the Act of August 16, 1937 (29 U.S.C. 50 et seq.; commonly known as the National Apprenticeship Act) that meets the standards of subpart A of part 29 and part 30 of title 29, Code of Federal Regulations.

(b)

Applicable Bridge Projects

(1)

Quality control

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

(2)

Aspects of applicable bridge projects

Aspects of an applicable bridge project referred to in paragraph (1) shall include—

(A)

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

(B)

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

(C)

shop painting of structural steel or rebar fabricated for installation on an applicable bridge project.

(3)

Corrosion management system

In carrying out an applicable bridge project, a State department of transportation shall—

(A)

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

(i)

surface preparation;

(ii)

protective coatings;

(iii)

materials selection;

(iv)

cathodic protection;

(v)

corrosion engineering;

(vi)

personnel training; and

(vii)

best practices in environmental protection to prevent environmental degradation and uphold public health.

(B)

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

(4)

Certification

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

(c)

Training program

As a condition of entering into a contract for an applicable bridge project, each certified contractor shall provide training, through a qualified training program, for each individual who is not a certified coating applicator but that the certified contractor employs to carry out aspects of applicable bridge projects as described in subsection (b)(2).

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.

Accommodation of certain facilities in right-of-way

(a)

In general

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

(b)

State approval

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

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 eligible under section 124, including protective features and natural infrastructure.

(S)

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

(T)

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

(U)

The removal, retrofit, repurposing, remediation, or replacement of a highway on the National Highway System that creates a barrier to community connectivity to improve access for multiple modes of transportation.

; and

(D)

by adding at the end the following:

(3)

a project that is otherwise eligible under this subsection to construct new capacity for single occupancy passenger vehicles only if the State—

(A)

has demonstrated progress in achieving a state of good repair, as defined in the State’s asset management plan, on the National Highway System;

(B)

demonstrates that the project—

(i)

supports the achievement of performance targets of the State established under section 150; and

(ii)

is more cost effective, as determined by benefit-cost analysis, than—

(I)

an operational improvement to the facility or corridor;

(II)

the construction of a public transportation project eligible for assistance under chapter 53 of title 49; or

(III)

the construction of a non-single occupancy passenger vehicle project that improves freight movement; and

(C)

has a public plan for maintaining and operating the new asset while continuing its progress in achieving a state of good repair under subparagraph (A).

;

(3)

in subsection (e)—

(A)

in the heading by inserting asset and after State;

(B)

in paragraph (4)(D) by striking analysis and inserting analyses, both of which shall take into consideration climate change adaptation and resilience;; and

(C)

in paragraph (8) by striking Not later than 18 months after the date of enactment of the MAP–21, the Secretary and inserting The Secretary; and

(4)

by adding at the end the following:

(k)

Benefit-Cost analysis

In carrying out subsection (d)(3)(B)(ii), the Secretary shall establish a process for analyzing the cost and benefits of projects under such subsection, ensuring that—

(1)

the benefit-cost analysis includes a calculation of all the benefits addressed in the performance measures established under section 150;

(2)

the benefit-cost analysis includes a consideration of the total maintenance cost of an asset over the lifecycle of the asset; and

(3)

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

.

1202.

Increasing the resilience of transportation assets

(a)

Predisaster mitigation program

(1)

In general

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

124.

Predisaster mitigation program

(a)

Establishment

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

(b)

Eligible activities

(1)

In general

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

(A)

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

(i)

to increase the resilience of a surface transportation infrastructure asset to withstand a covered event;

(ii)

to relocate or provide a reasonable alternative to a repeatedly damaged facility; and

(iii)

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

(I)

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

(II)

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

(B)

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

(C)

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

(i)

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

(ii)

the establishment of region-wide telework training and programs.

(2)

Infrastructure resilience and adaptation

No funds shall be obligated to a project under this section unless the project meets each of the following criteria:

(A)

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

(B)

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

(3)

Prioritization of projects

A State shall develop a process to prioritize projects under this section based on the degree to which the proposed project would—

(A)

be cost effective in the long-term;

(B)

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

(C)

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

(c)

Guidance

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

(d)

Definitions

In this section:

(1)

Covered event

The term covered event means a climate change effect (including sea level rise), flooding, and an extreme event or other natural disaster (including wildfires, seismic activity, and landslides).

(2)

Surface transportation infrastructure asset

The term surface transportation infrastructure asset means a facility eligible for assistance under this title or chapter 53 of title 49.

.

(2)

Conforming amendment

The analysis for chapter 1 of title 23, United States Code, is amended by inserting after the item relating to section 123 the following:

124. Predisaster mitigation program.

.

(b)

Projects in flood-Prone areas

Section 109 of title 23, United States Code, is further amended by adding at the end the following:

(t)

Projects in flood-Prone areas

For projects and actions that, in whole or in part, encroach within the limits of a flood-prone area, the Secretary shall ensure that such projects and actions are—

(1)

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

(2)

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

.

(c)

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)

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

(IV)

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

(V)

is consistent with and complementary of the State, Tribal, and local mitigation plans required under section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165).

(iv)

Consultation

The assessment described in this subparagraph shall be developed in consultation with, as appropriate, State, local, and Tribal officials responsible for land use, housing, resilience, hazard mitigation, and emergency management.

.

(B)

Resilience projects

Section 134(j)(3) of title 23, United States Code, is amended by adding at the end the following:

(E)

Resilience projects

The TIP shall—

(i)

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

(ii)

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

.

(2)

Amendments to title 49

(A)

Climate change and resilience

Section 5303(i)(2) of title 49, United States Code, is amended by adding at the end the following:

(I)

Climate change and resilience

(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)

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

(IV)

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

(V)

is consistent with and complementary of the State, Tribal, and local mitigation plans required under section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165).

(iv)

Consultation

The assessment described in this subparagraph shall be developed in consultation, as appropriate, with State, local, and Tribal officials responsible for land use, housing, resilience, hazard mitigation, and emergency management.

.

(B)

Resilience projects

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

(E)

Resilience projects

The TIP shall—

(i)

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

(ii)

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

.

(d)

Statewide and nonmetropolitan planning

(1)

Amendments to title 23

(A)

Climate change and resilience

Section 135(f) of title 23, United States Code, is amended by adding at the end the following:

(10)

Climate change and resilience

(A)

In general

The transportation planning process shall assess strategies to reduce the climate change impacts of the surface transportation system and conduct a vulnerability assessment to identify opportunities to enhance the resilience of the surface transportation system and ensure the efficient use of Federal resources.

(B)

Climate change mitigation and impacts

A long-range transportation plan shall—

(i)

identify investments and strategies to reduce transportation-related sources of greenhouse gas emissions per capita;

(ii)

identify investments and strategies to manage transportation demand and increase the rates of public transportation ridership, walking, bicycling, and carpools; and

(iii)

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

(C)

Vulnerability assessment

A long-range transportation plan shall incorporate a vulnerability assessment that—

(i)

includes a risk-based assessment of vulnerabilities of critical transportation assets and systems to covered events (as such term is defined in section 124);

(ii)

considers, as applicable, the risk management analysis in the State’s asset management plan developed pursuant to section 119, and the State’s evaluation of reasonable alternatives to repeatedly damaged facilities conducted under part 667 of title 23, Code of Federal Regulations;

(iii)

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

(iv)

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

(v)

is consistent with and complementary of the State, Tribal, and local mitigation plans required under section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165).

(D)

Consultation

The assessment described in this paragraph shall be developed in consultation with, as appropriate, metropolitan planning organizations and State, local, and Tribal officials responsible for land use, housing, resilience, hazard mitigation, and emergency management.

.

(B)

Resilience projects

Section 135(g)(5)(B) of title 23, United States Code, is amended by adding at the end the following:

(iii)

Resilience projects

The STIP shall—

(I)

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

(II)

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

.

(2)

Amendments to title 49

(A)

Climate change and resilience

Section 5304(f) of title 49, United States Code, is amended by adding at the end the following:

(10)

Climate change and resilience

(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, Tribal, and local mitigation plans required under section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165).

(D)

Consultation

The assessment described in this paragraph shall be developed in consultation with, as appropriate, metropolitan planning organizations and State, local, and Tribal officials responsible for land use, housing, resilience, hazard mitigation, and emergency management.

.

(B)

Resilience projects

Section 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 (as defined in subsection (e)(1));

(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.

(C)

Repeatedly damaged facilities

An application submitted under this section for the permanent repair or reconstruction of a repeatedly damaged facility shall include consideration and, if feasible, incorporation of economically justifiable betterments, including protective features, to increase the resilience of such facility.

(3)

Special rule for bridge projects

In no case shall funds be used under this section for the repair or reconstruction of a bridge—

(A)

that has been permanently closed to all vehicular traffic by the State or responsible local official because of imminent danger of collapse due to a structural deficiency or physical deterioration; or

(B)

if a construction phase of a replacement structure is included in the approved statewide transportation improvement program at the time of an event described in subsection (a).

;

(5)

in subsection (e)—

(A)

by striking paragraph (1);

(B)

in paragraph (2) by striking subsection (d)(1) and inserting subsection (c)(1); and

(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 (c)(2)(A)(i); or

(B)

the date on which the President declared the emergency to be a major disaster, as described in such subsection.

(2)

Extension of deadline

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

(h)

Hazard mitigation pilot program

(1)

In General

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

(2)

Allocation of funds

(A)

Authorization of appropriations

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

(B)

Calculation

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

(C)

Allocation

Any amounts made available under this subsection shall be distributed to each State, territory, or Indian Tribe based on—

(i)

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

(ii)

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

(D)

Limitation

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

(3)

Eligible activities

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

(A)

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

(B)

are eligible under section 124.

(4)

Report

For each fiscal year in which funding is made available for the program under this subsection, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report detailing—

(A)

a description of the activities carried out under the pilot program;

(B)

an evaluation of the effectiveness of the pilot program in meeting purposes described in paragraph (1); and

(C)

policy recommendations to improve the effectiveness of the pilot program.

(5)

Sunset

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

(i)

Improving the emergency relief program

Not later than 1 year after the date of enactment of the INVEST in America Act, the Secretary shall—

(1)

revise the emergency relief manual of the Federal Highway Administration—

(A)

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

(B)

to identify procedures that States may use to incorporate resilience into emergency relief projects; and

(C)

to consider economically justified betterments in emergency relief projects, such as—

(i)

protective features that increase the resilience of the facility; and

(ii)

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

(2)

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

(3)

develop best practices for improving the use of resilience in—

(A)

the emergency relief program under this section; and

(B)

emergency relief efforts;

(4)

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

(5)

develop and implement a process to track—

(A)

the consideration of resilience as part of the emergency relief program under this section; and

(B)

the costs of emergency relief projects.

(j)

Definitions

In this section:

(1)

Comparable facility

The term comparable facility means a facility that meets the current geometric and construction standards required for the types and volume of traffic that the facility will carry over its design life.

(2)

Construction phase

The term construction phase means the phase of physical construction of a highway or bridge facility that is separate from any other identified phases, such as planning, design, or right-of-way phases, in the State transportation improvement program.

(3)

Open to public travel

The term open to public travel means with respect to a road, that, except during scheduled periods, extreme weather conditions, or emergencies, the road—

(A)

is maintained;

(B)

is open to the general public; and

(C)

can accommodate travel by a standard passenger vehicle, without restrictive gates or prohibitive signs or regulations, other than for general traffic control or restrictions based on size, weight, or class of registration.

(4)

Standard passenger vehicle

The term standard passenger vehicle means a vehicle with 6 inches of clearance from the lowest point of the frame, body, suspension, or differential to the ground.

.

(b)

Conforming amendments

(1)

Federal lands and tribal transportation programs

Section 201(c)(8)(A) of title 23, United States Code, is amended by striking section 125(e) and inserting section 125(j).

(2)

Tribal transportation program

Section 202(b)(6)(A) of title 23, United States Code, is amended by striking section 125(e) and inserting section 125(d).

(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 projects to improve railway crossing safety.

(B)

Contents

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

(2)

Departmental report

(A)

In general

Not later than 180 days after the deadline for the submission of a report under paragraph (1)(A), the Secretary shall publish on the website of the Department of Transportation a report on the progress being made by the State in implementing projects to improve railway crossings.

(B)

Contents

The report under subparagraph (A) shall include—

(i)

the number of projects undertaken;

(ii)

distribution of such projects by cost range, road system, nature of treatment, and subsequent accident experience at improved locations;

(iii)

an analysis and evaluation of each State program;

(iv)

the identification of any State found not to be in compliance with the schedule of improvements required by subsection (d); and

(v)

recommendations for future implementation of the railway crossings program.

;

(8)

in subsection (j)—

(A)

in the heading by inserting and pedestrian after Bicycle; and

(B)

by inserting and pedestrian after bicycle; and

(9)

in subsection (l)—

(A)

in paragraph (1) by striking Not later than and all that follows through each State and inserting Not later than 6 months after a new railway crossing becomes operational, each State; and

(B)

in paragraph (2) by striking On a periodic and all that follows through every year thereafter and inserting On or before September 30 of each year.

(b)

Clerical amendment

The analysis for chapter 1 of title 23, United States Code, is amended by amending the item relating to section 130 to read as follows:

130. Railway crossings.

.

(c)

GAO study

Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that includes an analysis of the effectiveness of the railway crossing program under section 130 of title 23, United States Code.

(d)

Sense of Congress relating to trespasser deaths along railroad rights-of-Way

It is the sense of Congress that the Department of Transportation should, where feasible, coordinate departmental efforts to prevent or reduce trespasser deaths along railroad rights-of-way and at or near railway-highway crossings.

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;

(D)

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

(E)

by adding at the end the following:

(16)

Protective features (including natural infrastructure and vegetation control and clearance) to enhance the resilience of a transportation facility otherwise eligible for assistance under this section.

(17)

Projects to reduce greenhouse gas emissions eligible under section 171, including the installation of electric vehicle charging infrastructure.

(18)

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

(19)

A surface transportation project carried out in accordance with the national travel and tourism infrastructure strategic plan under section 1431(e) of the FAST Act (49 U.S.C. 301 note).

(20)

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

(21)

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

;

(4)

in subsection (c)—

(A)

by striking block grant and inserting program;

(B)

by striking paragraph (3) and inserting the following:

(3)

for a project described in—

(A)

subsection (h); or

(B)

section 101(a)(29), as in effect on the day before the date of enactment of the FAST Act;

;

(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 2023, 58 percent for fiscal year 2024, 59 percent for fiscal year 2025, and 60 percent for fiscal year 2026;

(II)

in clause (i) by striking of over and inserting greater than; and

(III)

by striking clauses (ii) and (iii) and inserting the following:

(ii)

in urbanized areas of the State with an urbanized area population greater than 49,999 and less than 200,001;

(iii)

in urban areas of the State with a population greater than 4,999 and less than 50,000; and

(iv)

in other areas of the State with a population less than 5,000; and

;

(B)

by striking paragraph (3) and inserting the following:

(3)

Local coordination and consultation

(A)

Coordination with metropolitan planning organizations

For purposes of paragraph (1)(A)(ii), a State shall—

(i)

establish a process to coordinate with all metropolitan planning organizations in the State that represent an urbanized area described in such paragraph; and

(ii)

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

(B)

Joint responsibility

Each State and the Secretary shall jointly ensure compliance with subparagraph (A).

(C)

Consultation with regional transportation planning organizations

For purposes of clauses (iii) and (iv) of paragraph (1)(A), before obligating funding attributed to an area with a population less than 50,000, a State shall consult with the regional transportation planning organizations that represent the area, if any.

;

(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 may jointly establish a program to improve the ability of applicants to deliver projects under this subsection in an efficient and expeditious manner and reduce the period of time between the selection of the project and the obligation of funds for the project by providing—

(i)

technical assistance and training to applicants for projects under this subsection; and

(ii)

funding for one or more full-time State, regional, or local government employee positions to administer this subsection.

(B)

Eligible funds

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

(C)

Use of funds

Amounts used under this paragraph may be expended—

(i)

directly by the State or metropolitan planning organization; or

(ii)

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

;

(6)

in subsection (e)—

(A)

in paragraph (1)—

(i)

by striking over 200,000 and inserting greater than 200,000; and

(ii)

by striking 2016 through 2020 and inserting 2023 through 2026; and

(B)

by adding at the end the following:

(3)

Annual amounts

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

;

(7)

by striking subsection (f) and inserting the following:

(f)

Bridges not on Federal-Aid highways

(1)

Definition of off-system bridge

In this subsection, the term off-system bridge means a bridge located on a public road, other than a bridge on a Federal-aid highway.

(2)

Special rule

(A)

Set aside

Of the amounts apportioned to a State for each fiscal year under this section other than the amounts described in subparagraph (C), the State shall obligate for activities described in subsection (b)(2) (as in effect on the day before the date of enactment of the FAST Act) for off-system bridges an amount that is not less than 20 percent of the amounts available to such State under this section in fiscal year 2020, not including the amounts described in subparagraph (C).

(B)

Reduction of expenditures

The Secretary, after consultation with State and local officials, may reduce the requirement for expenditures for off-system bridges under subparagraph (A) with respect to the State if the Secretary determines that the State has inadequate needs to justify the expenditure.

(C)

Limitations

The following amounts shall not be used for the purposes of meeting the requirements of subparagraph (A):

(i)

Amounts described in section 133(d)(1)(A).

(ii)

Amounts set aside under section 133(h).

(iii)

Amounts described in section 505(a).

(3)

Credit for bridges not on Federal-aid highways

Notwithstanding any other provision of law, with respect to any project not on a Federal-aid highway for the replacement of a bridge or rehabilitation of a bridge that is wholly funded from State and local sources, is eligible for Federal funds under this section, is certified by the State to have been carried out in accordance with all standards applicable to such projects under this section, and is determined by the Secretary upon completion to be no longer a deficient bridge—

(A)

any amount expended after the date of enactment of this subsection from State and local sources for the project in excess of 20 percent of the cost of construction of the project may be credited to the non-Federal share of the cost of other bridge projects in the State that are eligible for Federal funds under this section; and

(B)

that crediting shall be conducted in accordance with procedures established by the Secretary.

; and

(8)

in subsection (g)—

(A)

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

(B)

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

(b)

Clerical amendment

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

133. Surface transportation program.

.

(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)

Priority

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

(C)

Eligible entity defined

In this paragraph, the term eligible entity means—

(i)

a local government, including a county or multi-county special district;

(ii)

a regional transportation authority;

(iii)

a transit agency;

(iv)

a natural resource or public land agency;

(v)

a school district, local education agency, or school;

(vi)

a tribal government;

(vii)

a metropolitan planning organization that serves an urbanized area with a population of 200,000 or fewer;

(viii)

a nonprofit organization carrying out activities related to transportation;

(ix)

any other local or regional governmental entity with responsibility for or oversight of transportation or recreational trails (other than a metropolitan planning organization that serves an urbanized area with a population of over 200,000 or a State agency) that the State determines to be eligible, consistent with the goals of this subsection; and

(x)

a State, at the request of any entity listed in clauses (i) through (ix).

(5)

Continuation of certain recreational trails projects

(A)

In general

For each fiscal year, a State shall—

(i)

obligate an amount of funds set aside under this subsection equal to 175 percent of the amount of the funds apportioned to the State for fiscal year 2009 under section 104(h)(2), as in effect on the day before the date of enactment of MAP–21, for projects relating to recreational trails under section 206;

(ii)

return 1 percent of the funds described in clause (i) to the Secretary for the administration of such program; and

(iii)

comply with the provisions of the administration of the recreational trails program under section 206, including the use of apportioned funds described in subsection (d)(3)(A) of such section.

(B)

State flexibility

A State may opt out of the recreational trails program under this paragraph if the Governor of the State notifies the Secretary not later than 30 days prior to the date on which an apportionment is made under section 104 for any fiscal year.

(6)

Improving accessibility and efficiency

(A)

In general

A State may use an amount equal to not more than 5 percent of the funds set aside for the State under this subsection, after allocating funds in accordance with paragraph (2)(A), to improve the ability of applicants to access funding for projects under this subsection in an efficient and expeditious manner by providing—

(i)

to applicants for projects under this subsection application assistance, technical assistance, and assistance in reducing the period of time between the selection of the project and the obligation of funds for the project; and

(ii)

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

(B)

Use of funds

Amounts used under subparagraph (A) may be expended—

(i)

directly by the State; or

(ii)

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

(C)

Improving project delivery

(i)

In general

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

(ii)

Considerations

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

(7)

Federal share

(A)

Flexible match

(i)

In general

Notwithstanding section 120—

(I)

the non-Federal share for a project under this subsection may be calculated on a project, multiple-project, or program basis; and

(II)

the Federal share of the cost of an individual project in this subsection may be up to 100 percent.

(ii)

Aggregate non-Federal share

The average annual non-Federal share of the total cost of all projects for which funds are obligated under this subsection in a State for a fiscal year shall be not less than the non-Federal share authorized for the State under section 120.

(iii)

Requirement

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

(B)

Safety projects

Notwithstanding section 120, funds made available to carry out section 148 may be credited toward the non-Federal share of the costs of a project under this subsection if the project—

(i)

is a project described in section 148(e)(1); and

(ii)

is consistent with the State strategic highway safety plan (as defined in section 148(a)).

(8)

Flexibility

(A)

State authority

(i)

In general

A State may use not more than 50 percent of the funds set aside under this subsection that are available for obligation in any area of the State (suballocated consistent with the requirements of subsection (d)(1)(B)) for any purpose eligible under subsection (b).

(ii)

Restriction

Funds may be used as described in clause (i) only if the State demonstrates to the Secretary—

(I)

that the State held a competition in compliance with the requirements of this subsection in such form as the Secretary determines appropriate;

(II)

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

(III)

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

(B)

MPO authority

(i)

In general

A metropolitan planning organization that represents an urbanized area with a population of greater than 200,000 may use not more than 50 percent of the funds set aside under this subsection for an urbanized area described in subsection (d)(1)(A)(i) for any purpose eligible under subsection (b).

(ii)

Restriction

Funds may be used as described in clause (i) only if the Secretary certifies that the metropolitan planning organization—

(I)

held a competition in compliance with the requirements of this subsection in such form as the Secretary determines appropriate; and

(II)

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

(9)

Annual reports

(A)

In general

Each State or metropolitan planning organization responsible for carrying out the requirements of this subsection shall submit to the Secretary an annual report that describes—

(i)

the number of project applications received for each fiscal year, including—

(I)

the aggregate cost of the projects for which applications are received; and

(II)

the types of projects by eligibility category to be carried out, expressed as percentages of the total apportionment of the State under this subsection; and

(ii)

the list of each project selected for funding for each fiscal year, including specifying the fiscal year for which the project was selected, the fiscal year in which the project is anticipated to be funded, the recipient, the funding sources (including non-Federal match), the project status, the specific location, the congressional district, the type by eligibility category, and a brief description.

(B)

Public availability

The Secretary shall make available to the public, in a user-friendly format on the website of the Department of Transportation, a copy of each annual report submitted under subparagraph (A).

.

1207.

Bridge investment

(a)

In general

Section 144 of title 23, United States Code, is amended—

(1)

in the section heading by striking National bridge and tunnel inventory and inspection standards and inserting Bridges and tunnels;

(2)

in subsection (a)(1)(B) by striking deficient;

(3)

in subsection (b)(5) by striking structurally deficient bridge and inserting bridge classified as in poor condition;

(4)

in subsection (d)—

(A)

in paragraph (2) by striking Not later than 2 years after the date of enactment of the MAP–21, each and inserting Each; and

(B)

by striking paragraph (4);

(5)

in subsection (j)—

(A)

in paragraph (2) by inserting , 124, after section 119;

(B)

in paragraph (3)(A) by inserting , 124, after section 119; and

(C)

in paragraph (5) by striking financial characteristics and all that follows through the end and inserting Federal share.; and

(6)

by adding at the end the following:

(l)

Highway bridge replacement and rehabilitation

(1)

Goals

The goals of this subsection shall be to—

(A)

support the achievement of a state of good repair for the Nation’s bridges;

(B)

improve the safety, efficiency, and reliability of the movement of people and freight over bridges; and

(C)

improve the condition of bridges in the United States by reducing—

(i)

the number of bridges—

(I)

in poor condition; or

(II)

in fair condition and at risk of falling into poor condition;

(ii)

the total person miles traveled over bridges—

(I)

in poor condition; or

(II)

in fair condition and at risk of falling into poor condition;

(iii)

the number of bridges that—

(I)

do not meet current geometric design standards; or

(II)

cannot meet the load and traffic requirements typical of the regional transportation network; and

(iv)

the total person miles traveled over bridges that—

(I)

do not meet current geometric design standards; or

(II)

cannot meet the load and traffic requirements typical of the regional transportation network.

(2)

Bridges on public roads

(A)

Minimum bridge investment

Excluding the amounts described in subparagraph (C), of the total funds apportioned to a State under paragraphs (1) and (2) of section 104(b) for fiscal years 2023 to 2026, a State shall obligate not less than 20 percent for projects described in subparagraph (E).

(B)

Program flexibility

A State required to obligate funds under subparagraph (A) may use any combination of funds apportioned to a State under paragraphs (1) and (2) of section 104(b).

(C)

Limitation

Amounts described below may not be used for the purposes of calculating or meeting the minimum bridge investment requirement under subparagraph (A)—

(i)

amounts described in section 133(d)(1)(A);

(ii)

amounts set aside under section 133(h); and

(iii)

amounts described in section 505(a).

(D)

Rule of construction

Nothing in this section shall be construed to prohibit the expenditure of funds described in subparagraph (C) for bridge projects eligible under such section.

(E)

Eligible projects

Funds required to be obligated in accordance with paragraph (2)(A) may be obligated for projects or activities that—

(i)

are otherwise eligible under either section 119 or section 133, as applicable;

(ii)

support the achievement of performance targets of the State established under section 150, are consistent with the transportation asset management plan of the State, or provide support for the condition and performance of bridges on public roads within the State; and

(iii)

remove, replace, reconstruct, rehabilitate, preserve, or protect a bridge included on the national bridge inventory authorized by subsection (b), including through—

(I)

seismic retrofits;

(II)

systematic preventive maintenance;

(III)

installation of scour countermeasures;

(IV)

the use of innovative materials that extend the service life of the bridge and reduce preservation costs, as compared to conventionally designed and constructed bridges;

(V)

the use of nontraditional production techniques, including factory prefabrication;

(VI)

painting for purposes of bridge protection;

(VII)

application of calcium magnesium acetate, sodium acetate/formate, or other environmentally acceptable, minimally corrosive anti-icing and deicing compositions;

(VIII)

corrosion control;

(IX)

construction of protective features (including natural infrastructure) alone or in combination with other activities eligible under this paragraph to enhance resilience of a bridge;

(X)

bridge security countermeasures;

(XI)

impact protection measures for bridges;

(XII)

inspection and evaluation of bridges;

(XIII)

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

(XIV)

removal of a bridge classified as in poor condition in order to improve community connectivity.

(F)

Bundles of projects

A State may use a bundle of projects as described in subsection (j) to satisfy the requirements of subparagraph (A), if each project in the bundle is otherwise eligible under subparagraph (E).

(G)

Flexibility

The Secretary may, at the request of a State, reduce the required obligation under subparagraph (A) if—

(i)

the reduction is consistent with a State’s asset management plan for the National Highway System;

(ii)

the reduction will not limit a State’s ability to meet its performance targets under section 150 or to improve the condition and performance of bridges on public roads within the State; and

(iii)

the State demonstrates that it has inadequate needs to justify the expenditure.

(H)

Bridge investment report

The Secretary shall annually publish on the website of the Department of Transportation a bridge investment report that includes—

(i)

the total Federal funding obligated for bridge projects in the most recent fiscal year, on a State-by-State basis and broken out by Federal program;

(ii)

the total Federal funding obligated, on a State-by-State basis and broken out by Federal program, for bridge projects carried out pursuant to the minimum bridge investment requirements under subparagraph (A);

(iii)

the progress made by each State toward meeting the minimum bridge investment requirement under subparagraph (A) for such State, both cumulatively and for the most recent fiscal year;

(iv)

a summary of—

(I)

each request made under subparagraph (G) by a State for a reduction in the minimum bridge investment requirement under subparagraph (A); and

(II)

for each request described in subclause (I) that is granted by the Secretary—

(aa)

the percentage and dollar amount of the reduction; and

(bb)

an explanation of how the State met each of the criteria described in subparagraph (G); and

(v)

a summary of—

(I)

each request made by a State for a reduction in the obligation requirements under section 133(f); and

(II)

for each request that is granted by the Secretary—

(aa)

the percentage and dollar amount of the reduction; and

(bb)

an explanation of how the Secretary made the determination under section 133(f)(2)(B).

(I)

Off-system bridges

A State may apply amounts obligated under this subsection or section 133(f)(2)(A) to the obligation requirements of both this subsection and section 133(f).

(J)

NHS penalty

A State may apply amounts obligated under this subsection or section 119(f)(2) to the obligation requirements of both this subsection and section 119(f)(2).

(K)

Compliance

If a State fails to satisfy the requirements of subparagraph (A) by the end of fiscal year 2025, the Secretary may subject the State to appropriate program sanctions under section 1.36 of title 23, Code of Federal Regulations (or successor regulations).

.

(b)

Clerical amendment

The analysis for chapter 1 of title 23, United States Code, is amended by striking the item relating to section 144 and inserting the following:

144. Bridges and tunnels.

.

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)

Transportation management area

The term transportation management area means an area designated under section 134(k).

(16)

Vulnerable road user

The term vulnerable road user means a nonmotorist—

(A)

with a fatality analysis reporting system person attribute code that is included in the definition of the term number of non-motorized fatalities in section 490.205 of title 23, Code of Federal Regulations (or successor regulation); or

(B)

described in the term number of non-motorized serious injuries in such section.

(17)

Vulnerable road user safety assessment

The term vulnerable road user safety assessment means an assessment of the safety performance of the State or a metropolitan planning organization within the State with respect to vulnerable road users and the plan of the State or metropolitan planning organization to improve the safety of vulnerable road users described in subsection (l).

;

(2)

in subsection (c)—

(A)

in paragraph (1) by striking (a)(11) and inserting (a)(13); and

(B)

in paragraph (2)—

(i)

in subparagraph (A)(vi) by inserting , consistent with the vulnerable road user safety assessment after nonmotorized crashes;

(ii)

in subparagraph (B)(i)—

(I)

by inserting , consistent with a safe system approach, after identify;

(II)

by inserting excessive design speeds and speed limits, after crossing needs,; and

(III)

by striking motorists (including motorcyclists), bicyclists, pedestrians, and other highway users and inserting road users; and

(iii)

in subparagraph (D)(iii) by striking motorists (including motorcyclists), bicyclists, pedestrians, persons with disabilities, and other highway users and inserting road users;

(3)

in subsection (d)—

(A)

in paragraph (1)—

(i)

in subparagraph (A) by striking Not later than 1 year after the date of enactment of the MAP–21, the and inserting The; and

(ii)

in subparagraph (B)—

(I)

in clause (iv) by inserting and serious injury after fatality;

(II)

in clause (vii) by striking ; and and inserting a semicolon;

(III)

by redesignating clause (viii) as clause (ix); and

(IV)

by inserting after clause (vii) the following:

(viii)

the findings of a vulnerable road user safety assessment of the State; and

; and

(B)

in paragraph (2)(B)(i) by striking subsection (a)(11) and inserting subsection (a)(13);

(4)

in subsection (e)—

(A)

in paragraph (1)(C) by striking , without regard to whether the project is included in an applicable State strategic highway safety plan; and

(B)

by adding at the end the following:

(3)

Flexible funding for specified safety projects

(A)

In general

To advance the implementation of a State strategic highway safety plan, a State may use not more than 10 percent of the amounts apportioned to the State under section 104(b)(3) for a fiscal year to carry out specified safety projects.

(B)

Rule of statutory construction

Nothing in this paragraph shall be construed to require a State to revise any State process, plan, or program in effect on the date of enactment of this paragraph.

(C)

Effect of paragraph

(i)

Requirements

A project funded under this paragraph shall be subject to all requirements under this section that apply to a highway safety improvement project.

(ii)

Other apportioned programs

Subparagraph (A) shall not apply to amounts that may be obligated for noninfrastructure projects apportioned under any other paragraph of section 104(b).

;

(5)

in subsection (g)—

(A)

by amending paragraph (1) to read as follows:

(1)

High-risk rural road safety

(A)

In general

If the Secretary determines that the fatality rate on rural roads in a State for the most recent 2-year period for which data are available exceeds the median fatality rate for rural roads among all States, such State shall be required to—

(i)

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

(ii)

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

(B)

Source of funds

Any amounts obligated under subparagraph (A) shall be from amounts described under section 133(d)(1)(B).

(C)

Annual determination

The determination described under subparagraph (A) shall be made on an annual basis.

(D)

Consultation

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

;

(B)

in paragraph (2)—

(i)

in the heading by striking drivers and inserting road users;

(ii)

by striking drivers and pedestrians and inserting road users; and

(iii)

by striking address the increases in and inserting reduce; and

(C)

by adding at the end the following:

(3)

Vulnerable road user safety

(A)

High risk States

(i)

Annual determination

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

(ii)

Obligation requirement

If the Secretary determines that the number of vulnerable road user fatalities and serious injuries per capita in a State over the most recent 2-year period for which data are available exceeds the median number of such fatalities and serious injuries per capita over such 2-year period among all States, that State shall be required to obligate over the 2 fiscal years following the fiscal year in which such determination is made an amount that is not less than 50 percent of the amount set aside in such State under section 133(h)(1) for fiscal year 2020 (less any amounts obligated for projects in that State as required by subparagraph (B)(ii)) for—

(I)

in the first two fiscal years after the enactment of the INVEST in America Act

(aa)

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

(bb)

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

(cc)

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

(II)

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

(B)

High risk areas

(i)

Annual determination

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

(ii)

Obligation requirement

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

(iii)

Applicability

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

(C)

Source of funds

(i)

In general

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

(I)

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

(II)

amounts set aside under section 133(h).

(ii)

Areas in a high risk State

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

;

(6)

in subsection (h)(1)(A)—

(A)

by inserting , including any efforts to reduce vehicle speed after under this section; and

(B)

by inserting and projects identified under a vulnerable road user safety assessment after projects; and

(7)

by adding at the end the following:

(l)

Vulnerable road user safety assessment

(1)

In general

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

(2)

Contents

A vulnerable road user safety assessment required under paragraph (1) shall include—

(A)

a description of the location within the State of each vulnerable road user fatality and serious injury, including, if available, the design speed of the roadway at any such location;

(B)

a description of any corridors identified by a State, in coordination with local governments, metropolitan planning organizations, and regional transportation planning organizations that pose a high risk of a vulnerable road user fatality or serious injury, including, if available, the design speeds of such corridors; and

(C)

a program of projects or strategies to reduce safety risks to vulnerable road users in corridors identified under subparagraph (B), in coordination with local governments, metropolitan planning organizations, and regional transportation planning organizations that represent a high-risk area identified under subparagraph (B).

(3)

Analysis

In creating a vulnerable road user safety assessment under this subsection, a State shall assess the last 5 years of available data.

(4)

Requirements

In creating a vulnerable road user safety assessment under this subsection, a State shall—

(A)

take into consideration a safe system approach; and

(B)

coordinate with local governments, metropolitan planning organizations, and regional transportation planning organizations that represent a high-risk area identified under paragraph (2)(B).

(5)

Update

A State shall update a vulnerable road user safety assessment on the same schedule as the State updates the State strategic highway safety plan.

(6)

Transportation system access

The program of projects developed under paragraph (2)(C) may not degrade transportation system access for vulnerable road users.

(7)

Urbanized area assessments

(A)

In general

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

(B)

Contents

The assessment completed under subparagraph (A) shall include—

(i)

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

(ii)

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

(iii)

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

.

(b)

Technical amendment

Section 148 of title 23, United States Code, is amended—

(1)

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

(2)

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

(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), publicly accessible charging stations, docks, and storage for electric bicycles and micromobility devices, 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

An electric vehicle charging station funded under this title shall—

(1)

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

(2)

have the ability to serve vehicles produced by more than one vehicle manufacturer.

(c)

Open access to payment

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

(d)

Network capability

An electric vehicle charging station funded under this title shall be capable of being remotely monitored.

(e)

Standards and guidance

Not less than 180 days after enactment of the INVEST in America Act, the Secretary of Transportation, in coordination with the Secretary of Energy, shall, as appropriate, develop standards and guidance applicable to any electric vehicle charging station funded in whole or in part under this title related to—

(1)

the installation, operation, or maintenance by qualified technicians of electric vehicle charging infrastructure;

(2)

the physical, software, and payment interoperability of electric vehicle charging infrastructure;

(3)

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

(4)

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

.

(b)

Clerical amendment

The analysis for chapter 1 of title 23, United States Code, is amended by inserting after the item relating to section 154 the following new item:

155. Electric vehicle charging stations.

.

(c)

Electric vehicle charging signage

The Secretary of Transportation shall update the Manual on Uniform Traffic Control Devices to—

(1)

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

(2)

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

(d)

Agreements relating to the use and access of rights-of-Way of the interstate system

Section 111 of title 23, United States Code, is amended by adding at the end the following:

(f)

Interstate system rights-of-Way

(1)

In general

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

(A)

a rest area; or

(B)

a fringe or corridor parking facility, including a park and ride facility.

(2)

Savings clause

Nothing in this subsection shall permit commercial activities on rights-of-way of the Interstate System, except as necessary for the charging of electric vehicles in accordance with this subsection.

.

1212.

National highway freight program

(a)

In general

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

(1)

in subsection (b)—

(A)

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

(B)

by striking paragraph (7) and inserting the following:

(7)

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

(A)

greenhouse gas emissions;

(B)

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

(C)

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

(D)

wildlife habitat loss; and

(8)

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

;

(2)

in subsection (e)(2) by striking 150 miles and inserting 300 miles;

(3)

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

(4)

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

(5)

in subsection (i)—

(A)

by striking paragraphs (2) and (3);

(B)

by amending paragraph (4) to read as follows:

(4)

Freight planning

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

;

(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.

(b)

National highway freight network

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

1213.

Carbon pollution reduction

(a)

In general

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

171.

Carbon pollution reduction

(a)

Establishment

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

(b)

Eligible projects

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

(1)

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

(2)

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

(3)

is—

(A)

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

(B)

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

(c)

Guidance

The Secretary shall issue guidance on methods of determining the reduction of single occupant vehicle trips and improvement of mobility on public roads as those factors relate to intercity rail passenger transportation projects under subsection (b)(4).

(d)

Operating expenses

A State may use not more than 10 percent of the funds provided under section 104(b)(9) for the operating expenses of public transportation and passenger rail transportation projects.

(e)

Single-Occupancy vehicle highway facilities

None of the funds provided under this section may be used for a project that will result in the construction of new capacity available to single occupant vehicles unless the project consists of a high occupancy vehicle facility and is consistent with section 166.

(f)

Evaluation

(1)

In general

The Secretary shall annually evaluate the progress of each State in carrying out the program under this section by comparing the percent change in carbon dioxide emissions per capita on public roads in the State calculated as—

(A)

the annual carbon dioxide emissions per capita on public roads in the State for the most recent year for which there is data; divided by

(B)

the average annual carbon dioxide emissions per capita on public roads in the State in calendar years 2015 through 2019.

(2)

Measures

In conducting the evaluation under paragraph (1), the Secretary shall—

(A)

prior to the effective date of the greenhouse gas performance measures under section 150(c)(7)(A), use such data as are available, which may include data on motor fuels usage published by the Federal Highway Administration and information on emissions factors or coefficients published by the Energy Information Administration of the Department of Energy; and

(B)

following the effective date of the greenhouse gas performance measures under section 150(c)(7)(A), use such measures.

(g)

Progress report

The Secretary shall annually issue a carbon pollution reduction progress report, to be made publicly available on the website of the Department of Transportation, that includes—

(1)

the results of the evaluation under subsection (f) for each State; and

(2)

a ranking of all the States by the criteria under subsection (f), with the States that, for the year covered by such report, have the largest percentage reduction in annual carbon dioxide emissions per capita on public roads being ranked the highest.

(h)

High-Performing States

(1)

Designation

For purposes of this section, each State that is 1 of the 15 highest ranked States, as determined under subsection (g)(2), and that achieves a reduction in carbon dioxide emissions per capita on public roads, as determined by the evaluation in subsection (f), shall be designated as a high-performing State for the following fiscal year.

(2)

Use of funds

For each State that is designated as a high-performing State under paragraph (1)—

(A)

notwithstanding section 120, the State may use funds made available under this title to pay the non-Federal share of a project under this section during any year for which such State is designated as a high-performing State; and

(B)

notwithstanding section 126, the State may transfer up to 50 percent of funds apportioned under section 104(b)(9) to the program under section 104(b)(2) in any year for which such State is designated as a high-performing State.

(3)

Transfer

For each State that is 1 of the 15 lowest ranked States, as determined under subsection (g)(2), the Secretary shall transfer 10 percent of the amount apportioned to the State under section 104(b)(2) in the fiscal year following the year in which the State is so ranked, not including amounts set aside under section 133(d)(1)(A) and under section 133(h) or 505(a), to the apportionment of the State under section 104(b)(9).

(4)

Limitation

The Secretary shall not conduct a transfer under paragraph (3)—

(A)

until the first fiscal year following the effective date of greenhouse gas performance measures under section 150(c)(7)(A); and

(B)

with respect to a State in any fiscal year following the year in which such State achieves a reduction in carbon dioxide emissions per capita on public roads in such year as determined by the evaluation under subsection (f).

(i)

Report

Not later than 2 years after the date of enactment of this section and periodically thereafter, the Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall issue a report—

(1)

detailing, based on the best available science, what types of projects eligible for assistance under this section are expected to provide the most significant greenhouse gas emissions reductions from the surface transportation sector; and

(2)

detailing, based on the best available science, what types of projects eligible for assistance under this section are not expected to provide significant greenhouse gas emissions reductions from the surface transportation sector.

.

(b)

Clerical amendment

The analysis for chapter 1 of title 23, United States Code, is amended by adding at the end the following new item:

171. Carbon pollution reduction.

.

(c)

Applicability

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

1214.

Recreational trails

Section 206 of title 23, United States Code, is amended—

(1)

in subsection (a)—

(A)

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

except for—

(A)

a motorized wheelchair; and

(B)

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

;

(B)

in paragraph (2)—

(i)

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

(ii)

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

(iii)

by adding at the end the following:

(F)

electric bicycling.

; and

(2)

by adding at the end the following:

(j)

Special rule

Section 113 shall not apply to projects under this section.

.

1215.

Safe routes to school program

(a)

In general

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

211.

Safe routes to school program

(a)

Program

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

(b)

Purposes

The purposes of the program shall be—

(1)

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

(2)

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

(3)

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

(c)

Use of funds

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

(d)

Eligible entities

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

(e)

Eligible projects and activities

(1)

Infrastructure-related projects

(A)

In general

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

(B)

Location of projects

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

(2)

Noninfrastructure-related activities

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

(A)

public awareness campaigns and outreach to press and community leaders;

(B)

traffic education and enforcement in the vicinity of schools;

(C)

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

(D)

programs that address personal safety; and

(E)

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

(3)

Safe routes to school coordinator

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

(4)

Rural school district outreach

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

(f)

Federal share

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

(g)

Clearinghouse

(1)

In general

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

(A)

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

(B)

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

(2)

Funding

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

(h)

Definitions

In this section, the following definitions apply:

(1)

In the vicinity of schools

The term in the vicinity of schools means, with respect to a school, the area within bicycling and walking distance of the school (approximately 2 miles).

(2)

Primary, middle, and high schools

The term primary, middle, and high schools means schools providing education from kindergarten through twelfth grade.

.

(b)

Technical and conforming amendments

(1)

Repeal

Section 1404 of SAFETEA–LU (Public Law 109–59; 119 Stat. 1228–1230), and the item relating to such section in the table of contents in section 1(b) of such Act, are repealed.

(2)

Analysis

The analysis for chapter 2 of title 23, United States Code, is amended by inserting after the item relating to section 210 the following:

211. Safe routes to school program.

.

1216.

Bicycle transportation and pedestrian walkways

Section 217 of title 23, United States Code, is amended—

(1)

in subsection (d)—

(A)

by striking 104(b)(3) and inserting 104(b)(4); and

(B)

by striking a position and inserting at least one full-time positions;

(2)

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

(3)

in subsection (j)—

(A)

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

(B)

by striking paragraph (2) and inserting the following:

(2)

Electric bicycle

The term electric bicycle means mean a bicycle equipped with fully operable pedals, a saddle or seat for the rider, and an electric motor of less than 750 watts that can safely share a bicycle transportation facility with other users of such facility and meets the requirements of one of the following three classes:

(A)

Class 1 electric bicycle

The term class 1 electric bicycle means an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour.

(B)

Class 2 electric bicycle

The term class 2 electric bicycle means an electric bicycle equipped with a motor that may be used exclusively to propel the bicycle, and that is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour.

(C)

Class 3 electric bicycle

The term class 3 electric bicycle means an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour.

(3)

Micromobility device

The term micromobility device means any wheeled vehicle equipped with a low powered electric motor—

(A)

that is designed primarily for human transport;

(B)

that weighs not more than 100 pounds; and

(C)

that has a top speed of 20 miles per hour or less.

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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).

1218.

Safe streets for all

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

(m)

Safe streets for all

(1)

Safe streets set-aside

(A)

Establishment

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

(B)

Amount

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

(i)

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

(ii)

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

(2)

Suballocation

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

(3)

Use of funds

(A)

In general

Funds set aside under this subsection shall be available for obligation—

(i)

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

(ii)

for activities eligible under the safe routes to school program under section 211;

(iii)

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

(iv)

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

(v)

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

(vi)

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

(B)

Special rule

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

.

1219.

Youth service and conservation corps

(a)

In general

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

212.

Use of youth service and conservation corps

(a)

In general

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

(b)

Requirements

Under any contract or cooperative agreement entered into with a qualified youth service or conservation corps under this section, the Secretary shall—

(1)

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

(A)

such amount or rate as required under State law in a State with such requirements; or

(B)

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

(2)

not subject such corps to the requirements of section 112 or 113.

.

(b)

Clerical amendment

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

212. Use of youth service and conservation corps.

.

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

(iii)

within the boundaries of a public or private freight rail, water (including ports), or intermodal facility and that is a surface transportation infrastructure project necessary to facilitate direct intermodal interchange, transfer, or access into or out of the facility.

(2)

Limitation

(A)

Certain freight projects

Projects described in clauses (ii) and (iii) of paragraph (1)(C) may receive a grant under this section only if—

(i)

the project will make a significant improvement to the movement of freight on the National Highway System; and

(ii)

the Federal share of the project funds only elements of the project that provide public benefits.

(B)

Certain projects for person throughput

Projects described in clauses (ii) and (iii) of paragraph (1)(B) may receive a grant under this section only if the project will make a significant improvement in mobility on public roads.

(f)

Eligible project costs

An eligible entity receiving a grant under this section may use such grant for—

(1)

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

(2)

construction, reconstruction, rehabilitation, acquisition of real property (including land related to the project and improvements to the land), environmental mitigation, construction contingencies, acquisition of equipment, and operational improvements directly related to improving system performance.

(g)

Project requirements

The Secretary may select a project described under this section for funding under this section only if the Secretary determines that the project—

(1)

generates significant regional or national economic, mobility, safety, resilience, or environmental benefits;

(2)

is cost effective;

(3)

is based on the results of preliminary engineering;

(4)

has secured or will secure acceptable levels of non-Federal financial commitments, including—

(A)

one or more stable and dependable sources of funding and financing to construct, maintain, and operate the project; and

(B)

contingency amounts to cover unanticipated cost increases;

(5)

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

(6)

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

(h)

Merit criteria and considerations

(1)

Merit criteria

In awarding a grant under this section, the Secretary shall evaluate the following merit criteria:

(A)

The extent to which the project supports achieving a state of good repair.

(B)

The level of benefits the project is expected to generate, including—

(i)

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

(ii)

reductions in maintenance costs over the life of the asset;

(iii)

safety benefits, including the reduction of accidents and related costs;

(iv)

improved person or freight throughput, including congestion reduction and reliability improvements;

(v)

national and regional economic benefits;

(vi)

resilience benefits, including the ability to withstand disruptions from a seismic event;

(vii)

environmental benefits, including reduction in greenhouse gas emissions and air quality benefits; and

(viii)

benefits to all users of the project, including pedestrian, bicycle, nonvehicular, railroad, and public transportation users.

(C)

How the benefits compare to the costs of the project.

(D)

The average number of people or volume of freight, as applicable, supported by the project, including visitors based on travel and tourism.

(2)

Additional considerations

In awarding a grant under this section, the Secretary shall consider the following:

(A)

Whether the project spans at least 1 border between 2 States.

(B)

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

(C)

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

(D)

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

(E)

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

(F)

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

(i)

Project selection

(1)

Evaluation

To evaluate applications for funding under this section, the Secretary shall—

(A)

determine whether a project is eligible for a grant under this section;

(B)

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

(C)

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

(D)

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

(E)

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

(2)

Considerations for large projects

In awarding a grant for a large project, the Secretary shall—

(A)

consider the amount of funds available in future fiscal years for the program under this section; and

(B)

assume the availability of funds in future fiscal years for the program that extend beyond the period of authorization based on the amount made available for the program in the last fiscal year of the period of authorization.

(3)

Geographic distribution

In awarding grants under this section, the Secretary shall ensure geographic diversity and a balance between rural and urban communities among grant recipients over fiscal years 2023 through 2026.

(4)

Publication of methodology

(A)

In general

Prior to the issuance of any notice of funding opportunity for grants under this section, the Secretary shall publish and make publicly available on the Department’s website—

(i)

a detailed explanation of the merit criteria developed under subsection (h);

(ii)

a description of the evaluation process under this subsection; and

(iii)

how the Secretary shall determine whether a project satisfies each of the requirements under subsection (g).

(B)

Updates

The Secretary shall update and make publicly available on the website of the Department of Transportation such information at any time a revision to the information described in subparagraph (A) is made.

(C)

Information required

The Secretary shall include in the published notice of funding opportunity for a grant under this section detailed information on the rating methodology and merit criteria to be used to evaluate applications, or a reference to the information on the website of the Department of Transportation, as required by subparagraph (A).

(j)

Federal share

(1)

In general

The Federal share of the cost of a project carried out with a grant under this section may not exceed 60 percent.

(2)

Maximum Federal involvement

Federal assistance other than a grant under this section may be used to satisfy the non-Federal share of the cost of a project for which such a grant is made, except that the total Federal assistance provided for a project receiving a grant under this section may not exceed 80 percent of the total project cost.

(k)

Bridge investments

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

(l)

Treatment of projects

(1)

Federal requirements

The Secretary shall, with respect to a project funded by a grant under this section, apply—

(A)

the requirements of this title to a highway project;

(B)

the requirements of chapter 53 of title 49 to a public transportation project; and

(C)

the requirements of section 22905 of title 49 to a passenger rail or freight rail project.

(2)

Multimodal projects

(A)

In general

Except as otherwise provided in this paragraph, if an eligible project is a multimodal project, the Secretary shall—

(i)

determine the predominant modal component of the project; and

(ii)

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

(B)

Exceptions

(i)

Passenger or freight rail component

For any passenger or freight rail component of a project, the requirements of section 22907(j)(2) of title 49 shall apply.

(ii)

Public transportation component

For any public transportation component of a project, the requirements of section 5333 of title 49 shall apply.

(C)

Buy America

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

(i)

consider the various modal components of the project; and

(ii)

seek to maximize domestic jobs.

(m)

TIFIA program

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

(n)

Administration

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

(o)

Technical assistance

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

(p)

Congressional Review

(1)

Notification

Not less than 60 days before making an award under this section, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Commerce, Science, and Transportation of the Senate—

(A)

a list of all applications determined to be eligible for a grant by the Secretary;

(B)

the quality ratings assigned to each application pursuant to subsection (i);

(C)

a list of applications that received final consideration by the Secretary to receive an award under this section;

(D)

each application proposed to be selected for a grant award;

(E)

proposed grant amounts, including for each new multiyear grant agreement, the proposed payout schedule for the project; and

(F)

an analysis of the impacts of any large projects proposed to be selected on existing commitments and anticipated funding levels for the next 4 fiscal years, based on information available to the Secretary at the time of the report.

(2)

Committee review

Before the last day of the 60-day period described in paragraph (1), each Committee described in paragraph (1) shall review the Secretary’s list of proposed projects.

(3)

Congressional disapproval

The Secretary may not make a grant or any other obligation or commitment to fund a project under this section if a joint resolution is enacted disapproving funding for the project before the last day of the 60-day period described in paragraph (1).

(q)

Transparency

(1)

In general

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

(A)

a summary of each application made to the program for the grant application period; and

(B)

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

(2)

Briefing

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

(r)

Definition of eligible entity

In this section, the term eligible entity means—

(1)

a State or a group of States;

(2)

a unit of local government, including a metropolitan planning organization, or a group of local governments;

(3)

a political subdivision of a State or local government;

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