II 

116TH CONGRESS 

1ST SESSION S. 2302 

To amend title 23, United States Code, to authorize funds for Federalaid highways and highway safety construction programs, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 29, 2019 

Mr. BARRASSO introduced the following bill; which was read twice and 

referred to the Committee on Environment and Public Works 

A BILL 

To amend title 23, United States Code, to authorize funds 

for Federal-aid highways and highway safety construction programs, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘America’s Transportation Infrastructure Act of 2019’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

Sec. 3. Effective date. 


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TITLE I—FEDERAL-AID HIGHWAYS 

Subtitle A—Authorizations and Programs 

Sec. 1101. Authorization of appropriations. 

Sec. 1102. Obligation ceiling. 

Sec. 1103. Definitions. 

Sec. 1104. Apportionment. 

Sec. 1105. National highway performance program. 

Sec. 1106. Emergency relief. 

Sec. 1107. Federal share payable. 

Sec. 1108. Railway-highway grade crossings. 

Sec. 1109. Surface transportation block grant program. 

Sec. 1110. Nationally significant freight and highway projects. 

Sec. 1111. Highway safety improvement program. 

Sec. 1112. Federal lands transportation program. 

Sec. 1113. Federal lands access program. 

Sec. 1114. National highway freight program. 

Sec. 1115. Congestion mitigation and air quality improvement program. 

Sec. 1116. National scenic byways program. 

Sec. 1117. Alaska Highway. 

Sec. 1118. Toll roads, bridges, tunnels, and ferries. 

Sec. 1119. Bridge investment program. 

Sec. 1120. Safe routes to school program. 

Sec. 1121. Highway use tax evasion projects. 

Sec. 1122. Construction of ferry boats and ferry terminal facilities. 

Sec. 1123. Balance exchanges for infrastructure program. 

Sec. 1124. Safety incentive programs. 

Sec. 1125. Wildlife crossing safety. 

Sec. 1126. Consolidation of programs. 

Sec. 1127. State freight advisory committees. 

Sec. 1128. Territorial and Puerto Rico highway program. 

Subtitle B—Planning and Performance Management 

Sec. 1201. Transportation planning. 

Sec. 1202. Fiscal constraint on long-range transportation plans. 

Sec. 1203. State human capital plans. 

Sec. 1204. Accessibility data pilot program. 

Sec. 1205. Prioritization process pilot program. 

Sec. 1206. Exemptions for low population density States. 

Sec. 1207. Travel demand data and modeling. 

Sec. 1208. Increasing safe and accessible transportation options. 

Subtitle C—Project Delivery and Process Improvement 

Sec. 1301. Efficient environmental reviews for project decisionmaking and One 

Federal Decision. 

Sec. 1302. Work zone process reviews. 

Sec. 1303. Transportation management plans. 

Sec. 1304. Intelligent transportation systems. 

Sec. 1305. Alternative contracting methods. 

Sec. 1306. Flexibility for projects. 

Sec. 1307. Improved Federal-State stewardship and oversight agreements. 

Sec. 1308. Geomatic data. 

Sec. 1309. Evaluation of projects within an operational right-of-way. 


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Sec. 1310. Department of Transportation reports. 

Subtitle D—Climate Change 

Sec. 1401. Grants for charging and fueling infrastructure to modernize and reconnect America for the 21st century. 

Sec. 1402. Reduction of truck emissions at port facilities. 

Sec. 1403. Carbon reduction incentive programs. 

Sec. 1404. Congestion relief program. 

Sec. 1405. Freight plans. 

Sec. 1406. Utilizing significant emissions with innovative technologies. 

Sec. 1407. Promoting Resilient Operations for Transformative, Efficient, and 

Cost-saving Transportation (PROTECT) grant program. 

Sec. 1408. Diesel emissions reduction. 

Subtitle E—Miscellaneous 

Sec. 1501. Additional deposits into Highway Trust Fund. 

Sec. 1502. Stopping threats on pedestrians. 

Sec. 1503. Transfer and sale of toll credits. 

Sec. 1504. Forest Service Legacy Roads and Trails Remediation Program. 

Sec. 1505. Disaster relief mobilization pilot program. 

Sec. 1506. Appalachian regional development. 

Sec. 1507. Requirements for transportation projects carried out through publicprivate partnerships. 

Sec. 1508. Community connectivity pilot program. 

Sec. 1509. Repeal of rescission. 

Sec. 1510. Federal interagency working group for conversion of Federal fleet 

to hybrid-electric vehicles, electric vehicles, and alternative 

fueled vehicles. 

Sec. 1511. Cybersecurity tool; cyber coordinator. 

Sec. 1512. Study on most effective upgrades to roadway infrastructure. 

Sec. 1513. Study on vehicle-to-infrastructure communication technology. 

Sec. 1514. Nonhighway recreational fuel study. 

Sec. 1515. Buy America. 

Sec. 1516. Report on data-driven infrastructure traffic safety improvements. 

Sec. 1517. High priority corridors on the National Highway System. 

Sec. 1518. Interstate weight limits. 

Sec. 1519. Interstate exemption. 

Sec. 1520. Report on air quality improvements. 

Sec. 1521. Roadside highway safety hardware. 

Sec. 1522. Permeable pavements study. 

Sec. 1523. Emergency relief projects. 

Sec. 1524. Certain gathering lines located on Federal land and Indian land. 

Sec. 1525. Technical corrections. 

TITLE II—TRANSPORTATION INFRASTRUCTURE FINANCE AND 

INNOVATION 

Sec. 2001. Transportation Infrastructure Finance and Innovation Act of 1998 

amendments. 

TITLE III—RESEARCH, TECHNOLOGY, AND EDUCATION 

Sec. 3001. Surface transportation system funding alternatives. 

Sec. 3002. Performance management data support program. 

Sec. 3003. Data integration pilot program. 


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Sec. 3004. Emerging technology research pilot program. 

Sec. 3005. Research and technology development and deployment. 

Sec. 3006. Workforce development, training, and education. 

Sec. 3007. Wildlife-vehicle collision research. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) DEPARTMENT.—The term ‘‘Department’’ 

4 means the Department of Transportation. 

5 (2) SECRETARY.—The term ‘‘Secretary’’ means 

6 the Secretary of Transportation. 

7 SEC. 3. EFFECTIVE DATE. 

8 This Act and the amendments made by this Act take 

9 effect on October 1, 2020. 

10 TITLE I—FEDERAL-AID 

11 HIGHWAYS 

12 Subtitle A—Authorizations and 

13 Programs 

14 SEC. 1101. AUTHORIZATION OF APPROPRIATIONS. 

15 (a) IN GENERAL.—The following amounts are au16 thorized to be appropriated out of the Highway Trust 

17 Fund (other than the Mass Transit Account): 

18 (1) FEDERAL-AID HIGHWAY PROGRAM.—For 

19 the national highway performance program under 

20 section 119 of title 23, United States Code, the sur21 face transportation block grant program under sec22 tion 133 of that title, the highway safety improve23 ment program under section 148 of that title, the 


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1 congestion mitigation and air quality improvement 

2 program under section 149 of that title, the national 

3 highway freight program under section 167 of that 

4 title, and to carry out section 134 of that title— 

5 (A) $47,855,749,000 for fiscal year 2021; 

6 (B) $48,829,248,000 for fiscal year 2022; 

7 (C) $49,849,443,000 for fiscal year 2023; 

8 (D) $50,914,302,000 for fiscal year 2024; 

9 and 

10 (E) $51,979,162,000 for fiscal year 2025. 

11 (2) TRANSPORTATION INFRASTRUCTURE FI12 NANCE AND INNOVATION PROGRAM.—For credit as13 sistance under the transportation infrastructure fi14 nance and innovation program under chapter 6 of 

15 title 23, United States Code, $300,000,000 for each 

16 of fiscal years 2021 through 2025. 

17 (3) FEDERAL LANDS AND TRIBAL TRANSPOR18 TATION PROGRAMS.— 

19 (A) TRIBAL TRANSPORTATION PRO20 GRAM.—For the tribal transportation program 

21 under section 202 of title 23, United States 

22 Code— 

23 (i) $565,000,000 for fiscal year 2021; 

24 (ii) $580,000,000 for fiscal year 2022; 


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1 (iii) $595,000,000 for fiscal year 

2 2023; 

3 (iv) $610,000,000 for fiscal year 

4 2024; and 

5 (v) $625,000,000 for fiscal year 2025. 

6 (B) FEDERAL LANDS TRANSPORTATION

7 PROGRAM.— 

8 (i) IN GENERAL.—For the Federal 

9 lands transportation program under sec10 tion 203 of title 23, United States Code— 

11 (I) $413,000,000 for fiscal year 

12 2021; 

13 (II) $423,000,000 for fiscal year 

14 2022; 

15 (III) $433,000,000 for fiscal year 

16 2023; 

17 (IV) $443,000,000 for fiscal year 

18 2024; and 

19 (V) $453,000,000 for fiscal year 

20 2025. 

21 (ii) ALLOCATION.—Of the amount 

22 made available for a fiscal year under 

23 clause (i)— 

24 (I) the amount for the National 

25 Park Service is— 


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1 (aa) $330,000,000 for fiscal 

2 year 2021; 

3 (bb) $338,000,000 for fiscal 

4 year 2022; 

5 (cc) $346,000,000 for fiscal 

6 year 2023; 

7 (dd) $354,000,000 for fiscal 

8 year 2024; and 

9 (ee) $362,000,000 for fiscal 

10 year 2025; 

11 (II) the amount for the United 

12 States Fish and Wildlife Service is 

13 $33,000,000 for each of fiscal years 

14 2021 through 2025; and 

15 (III) the amount for the Forest 

16 Service is— 

17 (aa) $22,000,000 for fiscal 

18 year 2021; 

19 (bb) $23,000,000 for fiscal 

20 year 2022; 

21 (cc) $24,000,000 for fiscal 

22 year 2023; 

23 (dd) $25,000,000 for fiscal 

24 year 2024; and 


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1 (ee) $26,000,000 for fiscal 

2 year 2025. 

3 (C) FEDERAL LANDS ACCESS PROGRAM.— 

4 For the Federal lands access program under 

5 section 204 of title 23, United States Code— 

6 (i) $280,000,000 for fiscal year 2021; 

7 (ii) $285,000,000 for fiscal year 2022; 

8 (iii) $290,000,000 for fiscal year 

9 2023; 

10 (iv) $295,000,000 for fiscal year 

11 2024; and 

12 (v) $300,000,000 for fiscal year 2025. 

13 (4) TERRITORIAL AND PUERTO RICO HIGHWAY

14 PROGRAM.—For the territorial and Puerto Rico 

15 highway program under section 165 of title 23, 

16 United States Code— 

17 (A) $204,500,000 for fiscal year 2021; 

18 (B) $208,000,000 for fiscal year 2022; 

19 (C) $212,000,000 for fiscal year 2023; 

20 (D) $216,000,000 for fiscal year 2024; 

21 and 

22 (E) $221,500,000 for fiscal year 2025. 

23 (5) NATIONALLY SIGNIFICANT FREIGHT AND

24 HIGHWAY PROJECTS.—For nationally significant 


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1 freight and highway projects under section 117 of 

2 title 23, United States Code— 

3 (A) $1,050,000,000 for fiscal year 2021; 

4 (B) $1,075,000,000 for fiscal year 2022; 

5 (C) $1,100,000,000 for fiscal year 2023; 

6 (D) $1,125,000,000 for fiscal year 2024; 

7 and 

8 (E) $1,150,000,000 for fiscal year 2025. 

9 (b) OTHER PROGRAMS.— 

10 (1) IN GENERAL.—The following amounts are 

11 authorized to be appropriated out of the Highway 

12 Trust Fund (other than the Mass Transit Account): 

13 (A) BRIDGE INVESTMENT PROGRAM.—To 

14 carry out the bridge investment program under 

15 section 124 of title 23, United States Code— 

16 (i) $600,000,000 for fiscal year 2021; 

17 (ii) $640,000,000 for fiscal year 2022; 

18 (iii) $650,000,000 for fiscal year 

19 2023; 

20 (iv) $675,000,000 for fiscal year 

21 2024; and 

22 (v) $700,000,000 for fiscal year 2025. 

23 (B) CONGESTION RELIEF PROGRAM.—To 

24 carry out the congestion relief program under 

25 section 129(d) of title 23, United States Code, 


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1 $40,000,000 for each of fiscal years 2021 

2 through 2025. 

3 (C) CHARGING AND FUELING INFRASTRUC4 TURE GRANTS.—To carry out section 151(f) of 

5 title 23, United States Code— 

6 (i) $100,000,000 for fiscal year 2021; 

7 (ii) $100,000,000 for fiscal year 2022; 

8 (iii) $200,000,000 for fiscal year 

9 2023; 

10 (iv) $300,000,000 for fiscal year 

11 2024; and 

12 (v) $300,000,000 for fiscal year 2025. 

13 (D) FORMULA SAFETY INCENTIVE PRO14 GRAM.—To carry out the formula safety incen15 tive program under section 172 of title 23, 

16 United States Code, $500,000,000 for each of 

17 fiscal years 2021 through 2025. 

18 (E) FATALITY REDUCTION PERFORMANCE

19 PROGRAM.—To carry out the fatality reduction 

20 performance program under section 173 of title 

21 23, United States Code, $100,000,000 for each 

22 of fiscal years 2021 through 2025. 

23 (F) FORMULA CARBON REDUCTION INCEN24 TIVE PROGRAM.—To carry out the formula car25 bon reduction incentive program under section 


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1 177 of title 23, United States Code, 

2 $600,000,000 for each of fiscal years 2021 

3 through 2025. 

4 (G) CARBON REDUCTION PERFORMANCE

5 PROGRAM.—To carry out the carbon reduction 

6 performance program under section 178 of title 

7 23, United States Code, $100,000,000 for each 

8 of fiscal years 2021 through 2025. 

9 (H) PROTECT GRANTS.—To carry out 

10 the PROTECT grant program under section 

11 179 of title 23, United States Code, for each of 

12 fiscal years 2021 through 2025— 

13 (i) $786,000,000 for formula awards 

14 to States under subsection (c) of that sec15 tion; and 

16 (ii) $200,000,000 for competitive 

17 grants under subsection (d) of that section, 

18 of which not less than $20,000,000 shall 

19 be for planning grants under paragraph 

20 (3) of that subsection. 

21 (I) REDUCTION OF TRUCK EMISSIONS AT

22 PORT FACILITIES.— 

23 (i) IN GENERAL.—To carry out the 

24 reduction of truck emissions at port facili25 ties under section 1402— 


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1 (I) $60,000,000 for fiscal year 

2 2021; 

3 (II) $70,000,000 for fiscal year 

4 2022; 

5 (III) $70,000,000 for fiscal year 

6 2023; 

7 (IV) $80,000,000 for fiscal year 

8 2024; and 

9 (V) $90,000,000 for fiscal year 

10 2025. 

11 (ii) TREATMENT.—Amounts made 

12 available under clause (i) shall be available 

13 for obligation in the same manner as if 

14 those amounts were apportioned under 

15 chapter 1 of title 23, United States Code. 

16 (J) NATIONALLY SIGNIFICANT FEDERAL

17 LANDS AND TRIBAL PROJECTS.— 

18 (i) IN GENERAL.—To carry out the 

19 nationally significant Federal lands and 

20 tribal projects program under section 1123 

21 of the FAST Act (23 U.S.C. 201 note; 

22 Public Law 114–94), $50,000,000 for each 

23 of fiscal years 2021 through 2025. 

24 (ii) TREATMENT.—Amounts made 

25 available under clause (i) shall be available 


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1 for obligation in the same manner as if 

2 those amounts were apportioned under 

3 chapter 1 of title 23, United States Code. 

4 (2) GENERAL FUND.— 

5 (A) BRIDGE INVESTMENT PROGRAM.— 

6 (i) IN GENERAL.—In addition to 

7 amounts made available under paragraph 

8 (1)(A), there are authorized to be appro9 priated to carry out the bridge investment 

10 program under section 124 of title 23, 

11 United States Code— 

12 (I) $600,000,000 for fiscal year 

13 2021; 

14 (II) $640,000,000 for fiscal year 

15 2022; 

16 (III) $650,000,000 for fiscal year 

17 2023; 

18 (IV) $675,000,000 for fiscal year 

19 2024; and 

20 (V) $700,000,000 for fiscal year 

21 2025. 

22 (ii) ALLOCATION.—Amounts made 

23 available under clause (i) shall be allocated 

24 in the same manner as if made available 

25 under paragraph (1)(A). 


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1 (B) NATIONALLY SIGNIFICANT FEDERAL

2 LANDS AND TRIBAL PROJECTS PROGRAM.— 

3 (i) IN GENERAL.—In addition to 

4 amounts made available under paragraph 

5 (1)(J), there is authorized to be appro6 priated to carry out section 1123 of the 

7 FAST Act (23 U.S.C. 201 note; Public 

8 Law 114–94) $100,000,000 for each of fis9 cal years 2021 through 2025, to remain 

10 available for a period of 3 fiscal years fol11 lowing the fiscal year for which the 

12 amounts are appropriated. 

13 (ii) CONFORMING AMENDMENT.—Sec14 tion 1123 of the FAST Act (23 U.S.C. 

15 201 note; Public Law 114–94) is amended 

16 by striking subsection (h). 

17 (c) RESEARCH, TECHNOLOGY, AND EDUCATION AU18 THORIZATIONS.— 

19 (1) IN GENERAL.—The following amounts are 

20 authorized to be appropriated out of the Highway 

21 Trust Fund (other than the Mass Transit Account): 

22 (A) HIGHWAY RESEARCH AND DEVELOP23 MENT PROGRAM.—To carry out section 503(b) 

24 of title 23, United States Code, $153,431,378 

25 for each of fiscal years 2021 through 2025. 


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1 (B) TECHNOLOGY AND INNOVATION DE2 PLOYMENT PROGRAM.—To carry out section 

3 503(c) of title 23, United States Code, 

4 $135,000,000 for each of fiscal years 2021 

5 through 2025. 

6 (C) TRAINING AND EDUCATION.—To carry 

7 out section 504 of title 23, United States 

8 Code— 

9 (i) $25,000,000 for fiscal year 2021; 

10 (ii) $26,000,000 for fiscal year 2022; 

11 (iii) $27,000,000 for fiscal year 2023; 

12 (iv) $27,000,000 for fiscal year 2024; 

13 and 

14 (v) $27,000,000 for fiscal year 2025. 

15 (D) INTELLIGENT TRANSPORTATION SYS16 TEMS PROGRAM.—To carry out sections 512 

17 through 518 of title 23, United States Code, 

18 $110,000,000 for each of fiscal years 2021 

19 through 2025. 

20 (E) UNIVERSITY TRANSPORTATION CEN21 TERS PROGRAM.—To carry out section 5505 of 

22 title 49, United States Code— 

23 (i) $82,500,000 for fiscal year 2021; 

24 (ii) $84,000,000 for fiscal year 2022; 

25 (iii) $85,500,000 for fiscal year 2023; 


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1 (iv) $87,000,000 for fiscal year 2024; 

2 and 

3 (v) $88,500,000 for fiscal year 2025. 

4 (F) BUREAU OF TRANSPORTATION STATIS5 TICS.—To carry out chapter 63 of title 49, 

6 United States Code, $26,000,000 for each of 

7 fiscal years 2021 through 2025. 

8 (2) ADMINISTRATION.—The Federal Highway 

9 Administration shall— 

10 (A) administer the programs described in 

11 subparagraphs (A), (B), and (C) of paragraph 

12 (1); and 

13 (B) in consultation with relevant modal ad14 ministrations, administer the programs de15 scribed in paragraph (1)(D). 

16 (3) APPLICABILITY OF TITLE 23, UNITED

17 STATES CODE.—Amounts authorized to be appro18 priated by paragraph (1) shall— 

19 (A) be available for obligation in the same 

20 manner as if those funds were apportioned 

21 under chapter 1 of title 23, United States Code, 

22 except that the Federal share of the cost of a 

23 project or activity carried out using those funds 

24 shall be 80 percent, unless otherwise expressly 

25 provided by this Act (including the amendments 


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1 by this Act) or otherwise determined by the 

2 Secretary; and 

3 (B) remain available until expended and 

4 not be transferable, except as otherwise pro5 vided by this Act. 

6 (d) PILOT PROGRAMS.—The following amounts are 

7 authorized to be appropriated out of the Highway Trust 

8 Fund (other than the Mass Transit Account): 

9 (1) WILDLIFE CROSSINGS PILOT PROGRAM.— 

10 For the wildlife crossings pilot program under sec11 tion 174 of title 23, United States Code— 

12 (A) $55,000,000 for fiscal year 2021; 

13 (B) $60,000,000 for fiscal year 2022; 

14 (C) $45,000,000 for fiscal year 2023; 

15 (D) $45,000,000 for fiscal year 2024; and 

16 (E) $45,000,000 for fiscal year 2025. 

17 (2) PRIORITIZATION PROCESS PILOT PRO18 GRAM.— 

19 (A) IN GENERAL.—For the prioritization 

20 process pilot program under section 1205, 

21 $10,000,000 for each of fiscal years 2021 

22 through 2025. 

23 (B) TREATMENT.—Amounts made avail24 able under subparagraph (A) shall be available 

25 for obligation in the same manner as if those 


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1 amounts were apportioned under chapter 1 of 

2 title 23, United States Code. 

3 (3) DISASTER RELIEF MOBILIZATION PILOT

4 PROGRAM.— 

5 (A) IN GENERAL.—For the disaster relief 

6 mobilization pilot program under section 1505, 

7 $1,000,000 for each of fiscal years 2021 

8 through 2025. 

9 (B) TREATMENT.—Amounts made avail10 able under subparagraph (A) shall be available 

11 for obligation in the same manner as if those 

12 amounts were apportioned under chapter 1 of 

13 title 23, United States Code, except that those 

14 amounts shall remain available until expended. 

15 (4) COMMUNITY CONNECTIVITY PILOT PRO16 GRAM.— 

17 (A) PLANNING GRANTS.—For planning 

18 grants under the community connectivity pilot 

19 program under section 1508(c)— 

20 (i) $20,000,000 for fiscal year 2021; 

21 (ii) $15,000,000 for fiscal year 2022; 

22 (iii) $10,000,000 for fiscal year 2023; 

23 (iv) $2,500,000 for fiscal year 2024; 

24 and 

25 (v) $2,500,000 for fiscal year 2025. 


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1 (B) CAPITAL CONSTRUCTION GRANTS.— 

2 For capital construction grants under the com3 munity connectivity pilot program under section 

4 1508(d), $14,000,000 for each of fiscal years 

5 2021 through 2025. 

6 (C) TREATMENT.—Amounts made avail7 able under subparagraph (A) or (B) shall be 

8 available for obligation in the same manner as 

9 if those amounts were apportioned under chap10 ter 1 of title 23, United States Code, except 

11 that those amounts shall remain available until 

12 expended. 

13 (5) OPEN CHALLENGE AND RESEARCH INITIA14 TIVE PILOT PROGRAM.— 

15 (A) IN GENERAL.—For the open challenge 

16 and research proposal pilot program under sec17 tion 3005(e), $15,000,000 for each of fiscal 

18 years 2021 through 2025. 

19 (B) TREATMENT.—Amounts made avail20 able under subparagraph (A) shall be available 

21 for obligation and administered as if appor22 tioned under chapter 1 of title 23, United 

23 States Code. 

24 (e) DISADVANTAGED BUSINESS ENTERPRISES.— 

25 (1) FINDINGS.—Congress finds that— 


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1 (A) while significant progress has occurred 

2 due to the establishment of the disadvantaged 

3 business enterprise program, discrimination and 

4 related barriers continue to pose significant ob5 stacles for minority- and women-owned busi6 nesses seeking to do business in Federally as7 sisted surface transportation markets across the 

8 United States; 

9 (B) the continuing barriers described in 

10 subparagraph (A) merit the continuation of the 

11 disadvantaged business enterprise program; 

12 (C) Congress has received and reviewed 

13 testimony and documentation of race and gen14 der discrimination from numerous sources, in15 cluding congressional hearings and roundtables, 

16 scientific reports, reports issued by public and 

17 private agencies, news stories, reports of dis18 crimination by organizations and individuals, 

19 and discrimination lawsuits, which show that 

20 race- and gender-neutral efforts alone are insuf21 ficient to address the problem; 

22 (D) the testimony and documentation de23 scribed in subparagraph (C) demonstrate that 

24 discrimination across the United States poses a 

25 barrier to full and fair participation in surface 


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1 transportation-related businesses of women 

2 business owners and minority business owners 

3 and has impacted firm development and many 

4 aspects of surface transportation-related busi5 ness in the public and private markets; and 

6 (E) the testimony and documentation de7 scribed in subparagraph (C) provide a strong 

8 basis that there is a compelling need for the 

9 continuation of the disadvantaged business en10 terprise program to address race and gender 

11 discrimination in surface transportation-related 

12 business. 

13 (2) DEFINITIONS.—In this subsection: 

14 (A) SMALL BUSINESS CONCERN.— 

15 (i) IN GENERAL.—The term ‘‘small 

16 business concern’’ means a small business 

17 concern (as the term is used in section 3 

18 of the Small Business Act (15 U.S.C. 

19 632)). 

20 (ii) EXCLUSIONS.—The term ‘‘small 

21 business concern’’ does not include any 

22 concern or group of concerns controlled by 

23 the same socially and economically dis24 advantaged individual or individuals that 

25 have average annual gross receipts during 


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1 the preceding 3 fiscal years in excess of 

2 $25,790,000, as adjusted annually by the 

3 Secretary for inflation. 

4 (B) SOCIALLY AND ECONOMICALLY DIS5 ADVANTAGED INDIVIDUALS.—The term ‘‘so6 cially and economically disadvantaged individ7 uals’’ has the meaning given the term in section 

8 8(d) of the Small Business Act (15 U.S.C. 

9 637(d)) and relevant subcontracting regulations 

10 issued pursuant to that Act, except that women 

11 shall be presumed to be socially and economi12 cally disadvantaged individuals for purposes of 

13 this subsection. 

14 (3) AMOUNTS FOR SMALL BUSINESS CON15 CERNS.—Except to the extent that the Secretary de16 termines otherwise, not less than 10 percent of the 

17 amounts made available for any program under this 

18 Act and section 403 of title 23, United States Code, 

19 shall be expended through small business concerns 

20 owned and controlled by socially and economically 

21 disadvantaged individuals. 

22 (4) ANNUAL LISTING OF DISADVANTAGED BUSI23 NESS ENTERPRISES.—Each State shall annually— 

24 (A) survey and compile a list of the small 

25 business concerns referred to in paragraph (3) 


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1 in the State, including the location of the small 

2 business concerns in the State; and 

3 (B) notify the Secretary, in writing, of the 

4 percentage of the small business concerns that 

5 are controlled by— 

6 (i) women; 

7 (ii) socially and economically dis8 advantaged individuals (other than 

9 women); and 

10 (iii) individuals who are women and 

11 are otherwise socially and economically dis12 advantaged individuals. 

13 (5) UNIFORM CERTIFICATION.— 

14 (A) IN GENERAL.—The Secretary shall es15 tablish minimum uniform criteria for use by 

16 State governments in certifying whether a con17 cern qualifies as a small business concern for 

18 the purpose of this subsection. 

19 (B) INCLUSIONS.—The minimum uniform 

20 criteria established under subparagraph (A) 

21 shall include, with respect to a potential small 

22 business concern— 

23 (i) on-site visits; 

24 (ii) personal interviews with personnel; 

25 (iii) issuance or inspection of licenses; 


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1 (iv) analyses of stock ownership; 

2 (v) listings of equipment; 

3 (vi) analyses of bonding capacity; 

4 (vii) listings of work completed; 

5 (viii) examination of the resumes of 

6 principal owners; 

7 (ix) analyses of financial capacity; and 

8 (x) analyses of the type of work pre9 ferred. 

10 (6) REPORTING.—The Secretary shall establish 

11 minimum requirements for use by State govern12 ments in reporting to the Secretary— 

13 (A) information concerning disadvantaged 

14 business enterprise awards, commitments, and 

15 achievements; and 

16 (B) such other information as the Sec17 retary determines to be appropriate for the 

18 proper monitoring of the disadvantaged busi19 ness enterprise program. 

20 (7) COMPLIANCE WITH COURT ORDERS.—Noth21 ing in this subsection limits the eligibility of an indi22 vidual or entity to receive funds made available 

23 under this Act and section 403 of title 23, United 

24 States Code, if the entity or person is prevented, in 

25 whole or in part, from complying with paragraph (3) 


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1 because a Federal court issues a final order in which 

2 the court finds that a requirement or the implemen3 tation of paragraph (3) is unconstitutional. 

4 (8) SENSE OF CONGRESS ON PROMPT PAYMENT

5 OF DBE SUBCONTRACTORS.—It is the sense of Con6 gress that— 

7 (A) the Secretary should take additional 

8 steps to ensure that recipients comply with sec9 tion 26.29 of title 49, Code of Federal Regula10 tions (the disadvantaged business enterprises 

11 prompt payment rule), or any corresponding 

12 regulation, in awarding federally funded trans13 portation contracts under laws and regulations 

14 administered by the Secretary; and 

15 (B) such additional steps should include 

16 increasing the ability of the Department to 

17 track and keep records of complaints and to 

18 make that information publicly available. 

19 SEC. 1102. OBLIGATION CEILING. 

20 (a) GENERAL LIMITATION.—Subject to subsection 

21 (e), and notwithstanding any other provision of law, the 

22 obligations for Federal-aid highway and highway safety 

23 construction programs shall not exceed— 

24 (1) $54,388,462,378 for fiscal year 2021; 

25 (2) $55,483,447,378 for fiscal year 2022; 


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1 (3) $56,666,082,378 for fiscal year 2023; 

2 (4) $57,930,317,378 for fiscal year 2024; and 

3 (5) $59,103,552,378 for fiscal year 2025. 

4 (b) EXCEPTIONS.—The limitations under subsection 

5 (a) shall not apply to obligations under or for— 

6 (1) section 125 of title 23, United States Code; 

7 (2) section 147 of the Surface Transportation 

8 Assistance Act of 1978 (23 U.S.C. 144 note; 92 

9 Stat. 2714); 

10 (3) section 9 of the Federal-Aid Highway Act 

11 of 1981 (95 Stat. 1701); 

12 (4) subsections (b) and (j) of section 131 of the 

13 Surface Transportation Assistance Act of 1982 (96 

14 Stat. 2119); 

15 (5) subsections (b) and (c) of section 149 of the 

16 Surface Transportation and Uniform Relocation As17 sistance Act of 1987 (101 Stat. 198); 

18 (6) sections 1103 through 1108 of the Inter19 modal Surface Transportation Efficiency Act of 

20 1991 (105 Stat. 2027); 

21 (7) section 157 of title 23, United States Code 

22 (as in effect on June 8, 1998); 

23 (8) section 105 of title 23, United States Code 

24 (as in effect for fiscal years 1998 through 2004, but 


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1 only in an amount equal to $639,000,000 for each 

2 of those fiscal years); 

3 (9) Federal-aid highway programs for which ob4 ligation authority was made available under the 

5 Transportation Equity Act for the 21st Century 

6 (112 Stat. 107) or subsequent Acts for multiple 

7 years or to remain available until expended, but only 

8 to the extent that the obligation authority has not 

9 lapsed or been used; 

10 (10) section 105 of title 23, United States Code 

11 (as in effect for fiscal years 2005 through 2012, but 

12 only in an amount equal to $639,000,000 for each 

13 of those fiscal years); 

14 (11) section 1603 of SAFETEA–LU (23 

15 U.S.C. 118 note; 119 Stat. 1248), to the extent that 

16 funds obligated in accordance with that section were 

17 not subject to a limitation on obligations at the time 

18 at which the funds were initially made available for 

19 obligation; 

20 (12) section 119 of title 23, United States Code 

21 (as in effect for fiscal years 2013 through 2015, but 

22 only in an amount equal to $639,000,000 for each 

23 of those fiscal years); 

24 (13) section 119 of title 23, United States Code 

25 (as in effect for fiscal years 2016 through 2020, but 


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1 only in an amount equal to $639,000,000 for each 

2 of those fiscal years); and 

3 (14) section 119 of title 23, United States Code 

4 (but, for fiscal years 2021 through 2025, only in an 

5 amount equal to $639,000,000 for each of those fis6 cal years). 

7 (c) DISTRIBUTION OF OBLIGATION AUTHORITY.— 

8 For each of fiscal years 2021 through 2025, the Sec9 retary— 

10 (1) shall not distribute obligation authority pro11 vided by subsection (a) for the fiscal year for— 

12 (A) amounts authorized for administrative 

13 expenses and programs by section 104(a) of 

14 title 23, United States Code; and 

15 (B) amounts authorized for the Bureau of 

16 Transportation Statistics; 

17 (2) shall not distribute an amount of obligation 

18 authority provided by subsection (a) that is equal to 

19 the unobligated balance of amounts— 

20 (A) made available from the Highway 

21 Trust Fund (other than the Mass Transit Ac22 count) for Federal-aid highway and highway 

23 safety construction programs for previous fiscal 

24 years the funds for which are allocated by the 

25 Secretary (or apportioned by the Secretary 


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1 under section 202 or 204 of title 23, United 

2 States Code); and 

3 (B) for which obligation authority was pro4 vided in a previous fiscal year; 

5 (3) shall determine the proportion that— 

6 (A) the obligation authority provided by 

7 subsection (a) for the fiscal year, less the aggre8 gate of amounts not distributed under para9 graphs (1) and (2) of this subsection; bears to 

10 (B) the total of the sums authorized to be 

11 appropriated for the Federal-aid highway and 

12 highway safety construction programs (other 

13 than sums authorized to be appropriated for 

14 provisions of law described in paragraphs (1) 

15 through (13) of subsection (b) and sums au16 thorized to be appropriated for section 119 of 

17 title 23, United States Code, equal to the 

18 amount referred to in subsection (b)(14) for the 

19 fiscal year), less the aggregate of the amounts 

20 not distributed under paragraphs (1) and (2) of 

21 this subsection; 

22 (4) shall distribute the obligation authority pro23 vided by subsection (a), less the aggregate amounts 

24 not distributed under paragraphs (1) and (2), for 

25 each of the programs (other than programs to which 


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1 paragraph (1) applies) that are allocated by the Sec2 retary under this Act and title 23, United States 

3 Code, or apportioned by the Secretary under sections 

4 202 or 204 of that title, by multiplying— 

5 (A) the proportion determined under para6 graph (3); by 

7 (B) the amounts authorized to be appro8 priated for each such program for the fiscal 

9 year; and 

10 (5) shall distribute the obligation authority pro11 vided by subsection (a), less the aggregate amounts 

12 not distributed under paragraphs (1) and (2) and 

13 the amounts distributed under paragraph (4), for 

14 Federal-aid highway and highway safety construc15 tion programs that are apportioned by the Secretary 

16 under title 23, United States Code (other than the 

17 amounts apportioned for the national highway per18 formance program in section 119 of title 23, United 

19 States Code, that are exempt from the limitation 

20 under subsection (b)(14) and the amounts appor21 tioned under sections 202 and 204 of that title) in 

22 the proportion that— 

23 (A) amounts authorized to be appropriated 

24 for the programs that are apportioned under 


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1 title 23, United States Code, to each State for 

2 the fiscal year; bears to 

3 (B) the total of the amounts authorized to 

4 be appropriated for the programs that are ap5 portioned under title 23, United States Code, to 

6 all States for the fiscal year. 

7 (d) REDISTRIBUTION OF UNUSED OBLIGATION AU8 THORITY.—Notwithstanding subsection (c), the Secretary 

9 shall, after August 1 of each of fiscal years 2021 through 

10 2025— 

11 (1) revise a distribution of the obligation au12 thority made available under subsection (c) if an 

13 amount distributed cannot be obligated during that 

14 fiscal year; and 

15 (2) redistribute sufficient amounts to those 

16 States able to obligate amounts in addition to those 

17 previously distributed during that fiscal year, giving 

18 priority to those States having large unobligated bal19 ances of funds apportioned under sections 144 (as in 

20 effect on the day before the date of enactment of 

21 MAP–21 (Public Law 112–141; 126 Stat. 405)) and 

22 104 of title 23, United States Code. 

23 (e) APPLICABILITY OF OBLIGATION LIMITATIONS TO

24 TRANSPORTATION RESEARCH PROGRAMS.— 


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1 (1) IN GENERAL.—Except as provided in para2 graph (2), obligation limitations imposed by sub3 section (a) shall apply to contract authority for 

4 transportation research programs carried out under 

5 chapter 5 of title 23, United States Code. 

6 (2) EXCEPTION.—Obligation authority made 

7 available under paragraph (1) shall— 

8 (A) remain available for a period of 4 fis9 cal years; and 

10 (B) be in addition to the amount of any 

11 limitation imposed on obligations for Federal12 aid highway and highway safety construction 

13 programs for future fiscal years. 

14 (f) REDISTRIBUTION OF CERTAIN AUTHORIZED

15 FUNDS.— 

16 (1) IN GENERAL.—Not later than 30 days after 

17 the date of distribution of obligation authority under 

18 subsection (c) for each of fiscal years 2021 through 

19 2025, the Secretary shall distribute to the States 

20 any funds (excluding funds authorized for the pro21 gram under section 202 of title 23, United States 

22 Code) that— 

23 (A) are authorized to be appropriated for 

24 the fiscal year for Federal-aid highway pro25 grams; and 


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1 (B) the Secretary determines will not be 

2 allocated to the States (or will not be appor3 tioned to the States under section 204 of title 

4 23, United States Code), and will not be avail5 able for obligation, for the fiscal year because 

6 of the imposition of any obligation limitation for 

7 the fiscal year. 

8 (2) RATIO.—Funds shall be distributed under 

9 paragraph (1) in the same proportion as the dis10 tribution of obligation authority under subsection 

11 (c)(5). 

12 (3) AVAILABILITY.—Funds distributed to each 

13 State under paragraph (1) shall be available for any 

14 purpose described in section 133(b) of title 23, 

15 United States Code. 

16 SEC. 1103. DEFINITIONS. 

17 Section 101(a) of title 23, United States Code, is 

18 amended— 

19 (1) in paragraph (4)— 

20 (A) in subparagraph (A), by inserting ‘‘as21 sessing resilience,’’ after ‘‘surveying,’’; 

22 (B) in subparagraph (G), by striking 

23 ‘‘and’’ at the end; 

24 (C) by redesignating subparagraph (H) as 

25 subparagraph (I); and 


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1 (D) by inserting after subparagraph (G) 

2 the following: 

3 ‘‘(H) improvements that reduce the num4 ber of wildlife-vehicle collisions, such as wildlife 

5 crossing structures; and’’; 

6 (2) by redesignating paragraphs (17) through 

7 (34) as paragraphs (18), (19), (20), (21), (22), (23), 

8 (25), (26), (27), (28), (29), (30), (31), (32), (33), 

9 (34), (35), and (36), respectively; 

10 (3) by inserting after paragraph (16) the fol11 lowing: 

12 ‘‘(17) NATURAL INFRASTRUCTURE.—The term 

13 ‘natural infrastructure’ means infrastructure that 

14 uses, restores, or emulates natural ecological proc15 esses and— 

16 ‘‘(A) is created through the action of nat17 ural physical, geological, biological, and chem18 ical processes over time; 

19 ‘‘(B) is created by human design, engineer20 ing, and construction to emulate or act in con21 cert with natural processes; or 

22 ‘‘(C) involves the use of plants, soils, and 

23 other natural features, including through the 

24 creation, restoration, or preservation of vege25 tated areas using materials appropriate to the 


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1 region to manage stormwater and runoff, to at2 tenuate flooding and storm surges, and for 

3 other related purposes.’’; 

4 (4) by inserting after paragraph (23) (as so re5 designated) the following: 

6 ‘‘(24) RESILIENCE.—The term ‘resilience’, with 

7 respect to a project, means a project with the ability 

8 to anticipate, prepare for, or adapt to conditions or 

9 withstand, respond to, or recover rapidly from dis10 ruptions, including the ability— 

11 ‘‘(A)(i) to resist hazards or withstand im12 pacts from weather events and natural disas13 ters; or 

14 ‘‘(ii) to reduce the magnitude, duration, or 

15 impact of a disruptive weather event or natural 

16 disaster to a project; and 

17 ‘‘(B) to have the absorptive capacity, 

18 adaptive capacity, and recoverability to decrease 

19 project vulnerability to weather events or other 

20 natural disasters.’’; and 

21 (5) in subparagraph (A) of paragraph (32) (as 

22 so redesignated)— 

23 (A) by striking the period at the end and 

24 inserting ‘‘; and’’; 


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1 (B) by striking ‘‘through the implementa2 tion’’ and inserting the following: ‘‘through— 

3 ‘‘(i) the implementation’’; and 

4 (C) by adding at the end the following: 

5 ‘‘(ii) the consideration of incor6 porating natural infrastructure.’’. 

7 SEC. 1104. APPORTIONMENT. 

8 (a) ADMINISTRATIVE EXPENSES.—Section 104(a) of 

9 title 23, United States Code, is amended by striking para10 graph (1) and inserting the following: 

11 ‘‘(1) IN GENERAL.—There are authorized to be 

12 appropriated from the Highway Trust Fund (other 

13 than the Mass Transit Account) to be made avail14 able to the Secretary for administrative expenses of 

15 the Federal Highway Administration— 

16 ‘‘(A) $490,282,000 for fiscal year 2021; 

17 ‘‘(B) $499,768,000 for fiscal year 2022; 

18 ‘‘(C) $509,708,000 for fiscal year 2023; 

19 ‘‘(D) $520,084,000 for fiscal year 2024; 

20 and 

21 ‘‘(E) $530,459,000 for fiscal year 2025.’’. 

22 (b) NATIONAL HIGHWAY FREIGHT PROGRAM.—Sec23 tion 104(b)(5) of title 23, United States Code, is amended 

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


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1 ‘‘(B) TOTAL AMOUNT.—The total amount 

2 set aside for the national highway freight pro3 gram for all States shall be— 

4 ‘‘(i) $1,625,000,000 for fiscal year 

5 2021; 

6 ‘‘(ii) $1,660,000,000 for fiscal year 

7 2022; 

8 ‘‘(iii) $1,700,000,000 for fiscal year 

9 2023; 

10 ‘‘(iv) $1,740,000,000 for fiscal year 

11 2024; and 

12 ‘‘(v) $1,775,000,000 for fiscal year 

13 2025.’’. 

14 (c) CALCULATION OF AMOUNTS.—Section 104(c) of 

15 title 23, United States Code, is amended— 

16 (1) in paragraph (1)— 

17 (A) in the matter preceding subparagraph 

18 (A), by striking ‘‘each of fiscal years 2016 

19 through 2020’’ and inserting ‘‘fiscal year 2021 

20 and each fiscal year thereafter’’; 

21 (B) in subparagraph (A)(ii)(I), by striking 

22 ‘‘fiscal year 2015’’ and inserting ‘‘fiscal year 

23 2020’’; and 

24 (C) by striking subparagraph (B) and in25 serting the following: 


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1 ‘‘(B) GUARANTEED AMOUNTS.—The initial 

2 amounts resulting from the calculation under 

3 subparagraph (A) shall be adjusted to ensure 

4 that each State receives an aggregate appor5 tionment that is— 

6 ‘‘(i) equal to at least 95 percent of the 

7 estimated tax payments paid into the 

8 Highway Trust Fund (other than the Mass 

9 Transit Account) in the most recent fiscal 

10 year for which data are available that 

11 are— 

12 ‘‘(I) attributable to highway 

13 users in the State; and 

14 ‘‘(II) associated with taxes in ef15 fect on July 1, 2019, and only up to 

16 the rate those taxes were in effect on 

17 that date; 

18 ‘‘(ii) at least 2 percent greater than 

19 the apportionment that the State received 

20 for fiscal year 2020; and 

21 ‘‘(iii) at least 1 percent greater than 

22 the apportionment that the State received 

23 for the previous fiscal year.’’; and 


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1 (2) in paragraph (2), by striking ‘‘fiscal years 

2 2016 through 2020’’ and inserting ‘‘fiscal year 2021 

3 and each fiscal year thereafter’’. 

4 (d) SUPPLEMENTAL FUNDS.—Section 104(h) of title 

5 23, United States Code, is amended— 

6 (1) in paragraph (1), by striking subparagraph 

7 (A) and inserting the following: 

8 ‘‘(A) AMOUNT.—Before making an appor9 tionment for a fiscal year under subsection (c), 

10 the Secretary shall reserve for the national 

11 highway performance program under section 

12 119 for that fiscal year an amount equal to— 

13 ‘‘(i) $1,160,000,000 for fiscal year 

14 2021; 

15 ‘‘(ii) $1,184,000,000 for fiscal year 

16 2022; 

17 ‘‘(iii) $1,208,000,000 for fiscal year 

18 2023; 

19 ‘‘(iv) $1,233,000,000 for fiscal year 

20 2024; and 

21 ‘‘(v) $1,259,000,000 for fiscal year 

22 2025.’’; and 

23 (2) in paragraph (2), by striking subparagraph 

24 (A) and inserting the following: 


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1 ‘‘(A) AMOUNT.—Before making an appor2 tionment for a fiscal year under subsection (c), 

3 the Secretary shall reserve for the surface 

4 transportation block grant program under sec5 tion 133 for that fiscal year, pursuant to sec6 tion 133(h)— 

7 ‘‘(i) $1,200,000,000 for fiscal year 

8 2021; 

9 ‘‘(ii) $1,224,000,000 for fiscal year 

10 2022; 

11 ‘‘(iii) $1,248,000,000 for fiscal year 

12 2023; 

13 ‘‘(iv) $1,273,000,000 for fiscal year 

14 2024; and 

15 ‘‘(v) $1,299,000,000 for fiscal year 

16 2025.’’. 

17 SEC. 1105. NATIONAL HIGHWAY PERFORMANCE PROGRAM. 

18 Section 119 of title 23, United States Code, is 

19 amended— 

20 (1) in subsection (b)— 

21 (A) in paragraph (2), by striking ‘‘and’’ at 

22 the end; 

23 (B) in paragraph (3), by striking the pe24 riod at the end and inserting ‘‘; and’’; and 

25 (C) by adding at the end the following: 


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1 ‘‘(4) to provide support for measures to in2 crease the resiliency of Federal-aid highways and 

3 bridges on and off the National Highway System to 

4 mitigate the impacts of sea level rise, extreme weath5 er events, flooding, or other natural disasters.’’; and 

6 (2) by adding at the end the following: 

7 ‘‘(k) PROTECTIVE FEATURES.— 

8 ‘‘(1) IN GENERAL.—A State may use not more 

9 than 15 percent of the funds apportioned to the 

10 State under section 104(b)(1) for each fiscal year 

11 for 1 or more protective features on a Federal-aid 

12 highway or bridge off the National Highway System, 

13 if the protective feature is designed to mitigate the 

14 risk of recurring damage, or the cost of future re15 pairs, from extreme weather events, flooding, or 

16 other natural disasters. 

17 ‘‘(2) PROTECTIVE FEATURES DESCRIBED.—A 

18 protective feature referred to in paragraph (1) may 

19 include— 

20 ‘‘(A) raising roadway grades; 

21 ‘‘(B) relocating roadways in a base flood22 plain to higher ground above projected flood 

23 elevation levels or away from slide prone areas; 

24 ‘‘(C) stabilizing slide areas; 

25 ‘‘(D) stabilizing slopes; 


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1 ‘‘(E) installing riprap; 

2 ‘‘(F) lengthening or raising bridges to in3 crease waterway openings; 

4 ‘‘(G) deepening channels to prevent flood5 ing; 

6 ‘‘(H) increasing the size or number of 

7 drainage structures; 

8 ‘‘(I) replacing culverts with bridges or 

9 upsizing culverts; 

10 ‘‘(J) repairing or maintaining tide gates; 

11 ‘‘(K) installing seismic retrofits on bridges; 

12 ‘‘(L) adding scour protection at bridges; 

13 ‘‘(M) adding scour, stream stability, coast14 al, or other hydraulic countermeasures, includ15 ing spur dikes; 

16 ‘‘(N) the use of natural infrastructure to 

17 mitigate the risk of recurring damage or the 

18 cost of future repair from extreme weather 

19 events, flooding, or other natural disasters; and 

20 ‘‘(O) any other features that mitigate the 

21 risk of recurring damage or the cost of future 

22 repair as a result of extreme weather events, 

23 flooding, or other natural disasters, as deter24 mined by the Secretary. 


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1 ‘‘(3) SAVINGS PROVISION.—Nothing in this sub2 section limits the ability of a State to carry out a 

3 project otherwise eligible under subsection (d) using 

4 funds apportioned under section 104(b)(1).’’. 

5 SEC. 1106. EMERGENCY RELIEF. 

6 Section 125 of title 23, United States Code, is 

7 amended— 

8 (1) in subsection (a)(1), by inserting ‘‘wildfire, 

9 sea level rise,’’ after ‘‘severe storm’’; 

10 (2) by striking subsection (b) and inserting the 

11 following: 

12 ‘‘(b) RESTRICTION ON ELIGIBILITY.—Funds under 

13 this section shall not be used for the repair or reconstruc14 tion of a bridge that has been permanently closed to all 

15 vehicular traffic by the Federal, State, Tribal, or respon16 sible local official because of imminent danger of collapse 

17 due to a structural deficiency or physical deterioration.’’; 

18 and 

19 (3) in subsection (d)— 

20 (A) in paragraph (2)(A)— 

21 (i) by striking the period at the end 

22 and inserting ‘‘; and’’; 

23 (ii) by striking ‘‘a facility that meets 

24 the current’’ and inserting the following: 

25 ‘‘a facility that— 


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1 ‘‘(i) meets the current’’; and 

2 (iii) by adding at the end the fol3 lowing: 

4 ‘‘(ii) incorporates economically justifi5 able improvements designed to mitigate the 

6 risk of recurring damage from extreme 

7 weather events, flooding, or other natural 

8 disasters.’’; 

9 (B) by redesignating paragraphs (3) 

10 through (5) as paragraphs (4) through (6), re11 spectively; and 

12 (C) by inserting after paragraph (2) the 

13 following: 

14 ‘‘(3) PROTECTIVE FEATURES.— 

15 ‘‘(A) IN GENERAL.—The cost of an im16 provement that is part of a project under this 

17 section shall be an eligible expense under this 

18 section if the improvement is a protective fea19 ture that is designed to mitigate the risk of re20 curring damage, or the cost of future repair, 

21 from extreme weather events, flooding, or other 

22 natural disasters. 

23 ‘‘(B) PROTECTIVE FEATURES DE24 SCRIBED.—A protective feature referred to in 

25 subparagraph (A) may include— 


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1 ‘‘(i) raising roadway grades; 

2 ‘‘(ii) relocating roadways in a base 

3 floodplain to higher ground above projected 

4 flood elevation levels or away from slide 

5 prone areas; 

6 ‘‘(iii) stabilizing slide areas; 

7 ‘‘(iv) stabilizing slopes; 

8 ‘‘(v) installing riprap; 

9 ‘‘(vi) lengthening or raising bridges to 

10 increase waterway openings; 

11 ‘‘(vii) deepening channels to prevent 

12 flooding; 

13 ‘‘(viii) increasing the size or number 

14 of drainage structures; 

15 ‘‘(ix) replacing culverts with bridges 

16 or upsizing culverts; 

17 ‘‘(x) repairing or maintaining tide 

18 gates; 

19 ‘‘(xi) installing seismic retrofits on 

20 bridges; 

21 ‘‘(xii) adding scour protection at 

22 bridges; 

23 ‘‘(xiii) adding scour, stream stability, 

24 coastal, and other hydraulic counter25 measures, including spur dikes; 


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1 ‘‘(xiv) the use of natural infrastruc2 ture to mitigate the risk of recurring dam3 age or the cost of future repair from ex4 treme weather events, flooding, or other 

5 natural disasters; and 

6 ‘‘(xv) any other features that mitigate 

7 the risk of recurring damage or the cost of 

8 future repair as a result of extreme weath9 er events, flooding, or other natural disas10 ters, as determined by the Secretary.’’. 

11 SEC. 1107. FEDERAL SHARE PAYABLE. 

12 Section 120(c) of title 23, United States Code, is 

13 amended by adding at the end the following: 

14 ‘‘(4) PROTECTIVE FEATURES.— 

15 ‘‘(A) IN GENERAL.—Notwithstanding any 

16 other provision of law, the Federal share pay17 able for the cost of a protective feature on a 

18 Federal-aid highway or bridge project under 

19 this title may be up to 100 percent, at the dis20 cretion of the State, if the protective feature is 

21 an improvement designed to mitigate the risk of 

22 recurring damage, or the cost of future repair, 

23 from extreme weather events, flooding, or other 

24 natural disasters. 


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1 ‘‘(B) PROTECTIVE FEATURES DE2 SCRIBED.—A protective feature referred to in 

3 subparagraph (A) may include— 

4 ‘‘(i) raising roadway grades; 

5 ‘‘(ii) relocating roadways in a base 

6 floodplain to higher ground above projected 

7 flood elevation levels or away from slide 

8 prone areas; 

9 ‘‘(iii) stabilizing slide areas; 

10 ‘‘(iv) stabilizing slopes; 

11 ‘‘(v) installing riprap; 

12 ‘‘(vi) lengthening or raising bridges to 

13 increase waterway openings; 

14 ‘‘(vii) deepening channels to prevent 

15 flooding; 

16 ‘‘(viii) increasing the size or number 

17 of drainage structures; 

18 ‘‘(ix) replacing culverts with bridges 

19 or upsizing culverts; 

20 ‘‘(x) repairing or maintaining tide 

21 gates; 

22 ‘‘(xi) installing seismic retrofits on 

23 bridges; 

24 ‘‘(xii) adding scour protection at 

25 bridges; 


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1 ‘‘(xiii) adding scour, stream stability, 

2 coastal, and other hydraulic counter3 measures, including spur dikes; 

4 ‘‘(xiv) the use of natural infrastruc5 ture to mitigate the risk of recurring dam6 age or the cost of future repair from ex7 treme weather events, flooding, or other 

8 natural disasters; and 

9 ‘‘(xv) any other features that mitigate 

10 the risk of recurring damage or the cost of 

11 future repair as a result of extreme weath12 er events, flooding, or other natural disas13 ters, as determined by the Secretary.’’. 

14 SEC. 1108. RAILWAY-HIGHWAY GRADE CROSSINGS. 

15 (a) IN GENERAL.—Section 130(e) of title 23, United 

16 States Code, is amended— 

17 (1) in the heading, by striking ‘‘PROTECTIVE

18 DEVICES’’ and inserting ‘‘RAILWAY-HIGHWAY

19 GRADE CROSSINGS’’; and 

20 (2) in paragraph (1)— 

21 (A) in subparagraph (A), by striking 

22 ‘‘crossings’’ in the matter preceding clause (i) 

23 and all that follows through ‘‘2020.’’ in clause 

24 (v) and inserting the following: ‘‘crossings and 

25 as described in subparagraph (B), not less than 


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1 $245,000,000 for each of fiscal years 2021 

2 through 2025.’’; and 

3 (B) by striking subparagraph (B) and in4 serting the following: 

5 ‘‘(B) REDUCING TRESPASSING FATALITIES

6 AND INJURIES.—A State may use funds set 

7 aside under subparagraph (A) for projects to 

8 reduce pedestrian fatalities and injuries from 

9 trespassing at grade crossings.’’. 

10 (b) FEDERAL SHARE.—Section 130(f)(3) of title 23, 

11 United States Code, is amended by striking ‘‘90 percent’’ 

12 and inserting ‘‘100 percent’’. 

13 (c) GAO STUDY.—Not later than 3 years after the 

14 date of enactment of this Act, the Comptroller General 

15 of the United States shall submit to Congress a report 

16 that includes an analysis of the effectiveness of the rail17 way-highway crossings program under section 130 of title 

18 23, United States Code. 

19 (d) SENSE OF CONGRESS RELATING TO TRESPASSER

20 DEATHS ALONG RAILROAD RIGHTS-OF-WAY.—It is the 

21 sense of Congress that the Department should, where fea22 sible, coordinate departmental efforts to prevent or reduce 

23 trespasser deaths along railroad rights-of-way and at or 

24 near railway-highway crossings. 


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1 SEC. 1109. SURFACE TRANSPORTATION BLOCK GRANT PRO2 GRAM. 

3 (a) IN GENERAL.—Section 133 of title 23, United 

4 States Code, is amended— 

5 (1) in subsection (b)— 

6 (A) in paragraph (1)— 

7 (i) in subparagraph (B)— 

8 (I) by adding ‘‘or’’ at the end; 

9 (II) by striking ‘‘facilities eligi10 ble’’ and inserting the following: ‘‘fa11 cilities— 

12 ‘‘(i) that are eligible’’; and 

13 (III) by adding at the end the 

14 following: 

15 ‘‘(ii) that are privately or majority16 privately owned, but that the Secretary de17 termines provide a substantial public 

18 transportation benefit or otherwise meet 

19 the foremost needs of the surface transpor20 tation system described in section 

21 101(b)(3)(D);’’; 

22 (ii) in subparagraph (E), by striking 

23 ‘‘and’’ at the end; 

24 (iii) in subparagraph (F), by striking 

25 the period at the end and inserting ‘‘; 

26 and’’; and 


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1 (iv) by adding at the end the fol2 lowing: 

3 ‘‘(G) wildlife crossing structures.’’; 

4 (B) in paragraph (3), by inserting 

5 ‘‘148(a)(4)(B)(xvii),’’ after ‘‘119(g),’’; 

6 (C) by redesignating paragraphs (4) 

7 through (15) as paragraphs (5), (6), (7), (8), 

8 (9), (10), (11), (12), (13), (15), (16), and (17), 

9 respectively; 

10 (D) by inserting after paragraph (3) the 

11 following: 

12 ‘‘(4) Projects that use natural infrastructure 

13 alone or in combination with other eligible projects 

14 to enhance resilience of a transportation facility oth15 erwise eligible for assistance under this section.’’; 

16 (E) by inserting after paragraph (13) (as 

17 so redesignated) the following: 

18 ‘‘(14) Projects and strategies designed to re19 duce the number of wildlife-vehicle collisions, includ20 ing project-related planning, design, construction, 

21 monitoring, and preventative maintenance.’’; and 

22 (F) by adding at the end the following: 

23 ‘‘(18) Rural barge landing, dock, and water24 front infrastructure projects in accordance with sub25 section (j).’’; 


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1 (2) in subsection (c)— 

2 (A) in paragraph (2), by striking ‘‘para3 graphs (4) through (11)’’ and inserting ‘‘para4 graphs (5) through (12) and paragraph (18)’’; 

5 (B) in paragraph (3), by striking ‘‘and’’ at 

6 the end; 

7 (C) by redesignating paragraph (4) as 

8 paragraph (5); and 

9 (D) by inserting after paragraph (3) the 

10 following: 

11 ‘‘(4) for a bridge project for the replacement of 

12 a low water crossing (as defined by the Secretary) 

13 with a bridge; and’’; 

14 (3) in subsection (d)— 

15 (A) in paragraph (1)(A), in the matter 

16 preceding clause (i), by striking ‘‘the percentage 

17 specified in paragraph (6) for a fiscal year’’ and 

18 inserting ‘‘55 percent for each of fiscal years 

19 2021 through 2025’’; and 

20 (B) by striking paragraph (6); 

21 (4) in subsection (e)(1), in the matter preceding 

22 subparagraph (A), by striking ‘‘fiscal years 2016 

23 through 2020’’ and inserting ‘‘fiscal years 2021 

24 through 2025’’; 

25 (5) in subsection (f)— 


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1 (A) in paragraph (1)— 

2 (i) by inserting ‘‘or low water crossing 

3 (as defined by the Secretary)’’ after ‘‘a 

4 highway bridge’’; and 

5 (ii) by inserting ‘‘or low water cross6 ing (as defined by the Secretary)’’ after 

7 ‘‘other than a bridge’’; 

8 (B) in paragraph (2)(A), by striking ‘‘ac9 tivities described in subsection (b)(2) for off10 system bridges’’ and inserting ‘‘activities de11 scribed in paragraphs (1)(A) and (10) of sub12 section (b) for off-system bridges, projects and 

13 activities described in subsection (b)(1)(A) for 

14 the replacement of low water crossings with 

15 bridges, and projects and activities described in 

16 subsection (b)(10) for low water crossings (as 

17 defined by the Secretary),’’; and 

18 (C) in paragraph (3), in the matter pre19 ceding subparagraph (A)— 

20 (i) by striking ‘‘bridge or rehabilita21 tion of a bridge’’ and inserting ‘‘bridge, re22 habilitation of a bridge, or replacement of 

23 a low water crossing (as defined by the 

24 Secretary) with a bridge’’; and 


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1 (ii) by inserting ‘‘or, in the case of a 

2 replacement of a low water crossing with a 

3 bridge, is determined by the Secretary on 

4 completion to have improved the safety of 

5 the location’’ after ‘‘no longer a deficient 

6 bridge’’; 

7 (6) in subsection (g)(1), by striking ‘‘fiscal 

8 years 2016 through 2020’’ and inserting ‘‘fiscal 

9 years 2021 through 2025’’; and 

10 (7) by adding at the end the following: 

11 ‘‘(j) RURAL BARGE LANDING, DOCK, AND WATER12 FRONT INFRASTRUCTURE PROJECTS.— 

13 ‘‘(1) IN GENERAL.—A State may use not more 

14 than 5 percent of the funds apportioned to the State 

15 under section 104(b)(2) for eligible rural barge land16 ing, dock, and waterfront infrastructure projects de17 scribed in paragraph (2). 

18 ‘‘(2) ELIGIBLE PROJECTS.—An eligible rural 

19 barge landing, dock, or waterfront infrastructure 

20 project referred to in paragraph (1) is a project for 

21 the planning, designing, engineering, or construction 

22 of a barge landing, dock, or other waterfront infra23 structure in a rural community or a Native village 

24 (as defined in section 3 of the Alaska Native Claims 

25 Settlement Act (43 U.S.C. 1602))— 


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1 ‘‘(A) that is off the road system; and 

2 ‘‘(B) for which the Secretary determines 

3 there is a lack of adequate infrastructure.’’. 

4 (b) SET-ASIDE.—Section 133(h) of title 23, United 

5 States Code, is amended— 

6 (1) in paragraph (1)(A), by striking clauses (i) 

7 and (ii) and inserting the following: 

8 ‘‘(i) $1,200,000,000 for fiscal year 

9 2021; 

10 ‘‘(ii) $1,224,000,000 for fiscal year 

11 2022; 

12 ‘‘(iii) $1,248,000,000 for fiscal year 

13 2023; 

14 ‘‘(iv) $1,273,000,000 for fiscal year 

15 2024; and 

16 ‘‘(v) $1,299,000,000 for fiscal year 

17 2025; and’’; 

18 (2) by striking paragraph (2) and inserting the 

19 following: 

20 ‘‘(2) ALLOCATION WITHIN A STATE.— 

21 ‘‘(A) IN GENERAL.—Except as provided in 

22 subparagraph (B), funds reserved for a State 

23 under paragraph (1) shall be obligated within 

24 that State in the manner described in sub25 section (d), except that, for purposes of this 


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1 paragraph (after funds are made available 

2 under paragraph (5))— 

3 ‘‘(i) for each fiscal year, the percent4 age specified in subsection (d)(1)(A) shall 

5 be deemed to be 57.5 percent; and 

6 ‘‘(ii) paragraph (3) of that subsection 

7 shall not apply. 

8 ‘‘(B) LOCAL CONTROL.— 

9 ‘‘(i) IN GENERAL.—On approval of a 

10 plan submitted to the Secretary that de11 scribes the manner in which the plan will 

12 maximize local control and the means by 

13 which the State plans to comply with para14 graph (8), the State may allocate up to 

15 100 percent of the funds referred to in 

16 subparagraph (A)(i) to counties and other 

17 local transportation entities. 

18 ‘‘(ii) REQUIREMENT.—A State that 

19 allocates funding under clause (i) to coun20 ties and other local transportation entities 

21 shall make available an equivalent amount 

22 of obligation limitation to those counties 

23 and other local transportation entities.’’; 

24 (3) in paragraph (4)(B)— 


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1 (A) in clause (vii), by striking ‘‘respon2 sible’’ and all that follows through ‘‘programs’’; 

3 (B) in clause (viii), by inserting ‘‘that 

4 serves an urbanized population of over 

5 200,000’’ after ‘‘metropolitan planning organi6 zation’’; 

7 (C) by redesignating clauses (vii) and (viii) 

8 as clauses (viii) and (ix), respectively; and 

9 (D) by inserting after clause (vi) the fol10 lowing: 

11 ‘‘(vii) a metropolitan planning organi12 zation that serves an urbanized population 

13 of 200,000 or fewer;’’; 

14 (4) in paragraph (6), by adding at the end the 

15 following: 

16 ‘‘(C) IMPROVING ACCESSIBILITY AND EFFI17 CIENCY.— 

18 ‘‘(i) IN GENERAL.—A State may elect 

19 to use an amount equal to not more than 

20 7 percent of the funds reserved for the 

21 State under this subsection, after allo22 cating funds in accordance with paragraph 

23 (2)(A), to improve the ability of applicants 

24 to access funding for projects under this 


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1 subsection in an efficient and expeditious 

2 manner by— 

3 ‘‘(I) providing to applicants for 

4 projects under this subsection applica5 tion assistance, technical assistance, 

6 and assistance in reducing the period 

7 of time between the selection of the 

8 project and the obligation of funds for 

9 the project; and 

10 ‘‘(II) providing funding for 1 or 

11 more full-time State employee posi12 tions to administer this subsection. 

13 ‘‘(ii) USE OF FUNDS.—Amounts used 

14 under clause (i) may be expended— 

15 ‘‘(I) directly by the State; or 

16 ‘‘(II) through contracts with 

17 State agencies, private entities, or 

18 nonprofit entities.’’; 

19 (5) by redesignating paragraph (7) as para20 graph (8); and 

21 (6) by inserting after paragraph (6) the fol22 lowing: 

23 ‘‘(7) FEDERAL SHARE.— 

24 ‘‘(A) REQUIRED AGGREGATE NON-FED25 ERAL SHARE.— 


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1 ‘‘(i) IN GENERAL.—The average an2 nual non-Federal share of the total cost of 

3 all projects carried out under this sub4 section in a State for a fiscal year shall be 

5 not less than the non-Federal share au6 thorized for the State under section 

7 120(b). 

8 ‘‘(ii) SINGLE PROJECTS.—Subject to 

9 clause (i), the Federal share of the total 

10 cost of a single project carried out under 

11 this subsection may be up to 100 percent. 

12 ‘‘(B) FLEXIBLE FINANCING.—Subject to 

13 subparagraph (A), notwithstanding section 

14 120— 

15 ‘‘(i) funds made available to carry out 

16 section 148 may be credited toward the 

17 non-Federal share of the costs of a project 

18 type under this subsection that the Sec19 retary determines to have an expected safe20 ty benefit; and 

21 ‘‘(ii) the non-Federal share for a 

22 project under this subsection may be cal23 culated on a project, multiple-project, or 

24 program basis.’’. 


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1 SEC. 1110. NATIONALLY SIGNIFICANT FREIGHT AND HIGH2 WAY PROJECTS. 

3 (a) IN GENERAL.—Section 117 of title 23, United 

4 States Code, is amended— 

5 (1) in subsection (a)(2)— 

6 (A) in subparagraph (A), by inserting ‘‘in 

7 and across rural and urban areas’’ after ‘‘peo8 ple’’; and 

9 (B) in subparagraph (F), by inserting ‘‘, 

10 including highways that support movement of 

11 energy equipment’’ after ‘‘security’’; 

12 (2) in subsection (b), by adding at the end the 

13 following: 

14 ‘‘(3) GRANT ADMINISTRATION.—The Secretary 

15 may— 

16 ‘‘(A) retain not more than a total of 2 per17 cent of the funds made available to carry out 

18 this section for the National Surface Transpor19 tation and Innovative Finance Bureau to review 

20 applications for grants under this section; and 

21 ‘‘(B) transfer portions of the funds re22 tained under subparagraph (A) to the relevant 

23 Administrators to fund the award and oversight 

24 of grants provided under this section.’’; 

25 (3) in subsection (d)— 

26 (A) in paragraph (1)(A)— 


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1 (i) in clause (iii)(II), by striking ‘‘or’’ 

2 at the end; 

3 (ii) in clause (iv), by striking ‘‘and’’ at 

4 the end and inserting ‘‘or’’; and 

5 (iii) by adding at the end the fol6 lowing: 

7 ‘‘(v) a wildlife crossing project; and’’; 

8 (B) in paragraph (2)(A), in the matter 

9 preceding clause (i)— 

10 (i) by striking ‘‘$500,000,000’’ and 

11 inserting ‘‘30 percent’’; and 

12 (ii) by striking ‘‘fiscal years 2016 

13 through 2020, in the aggregate,’’ and in14 serting ‘‘each of fiscal years 2021 through 

15 2025’’; and 

16 (C) by adding at the end the following: 

17 ‘‘(3) CRITICAL RURAL STATE INTERSTATE

18 PROJECTS.— 

19 ‘‘(A) REQUIREMENT.—Not less than 

20 $500,000,000 of the amounts made available 

21 for grants under this section for fiscal years 

22 2021 through 2025, in the aggregate, shall be 

23 used to make grants for Interstate interchange 

24 projects between 2 routes on the Interstate Sys25 tem that— 


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1 ‘‘(i) are located in a State— 

2 ‘‘(I) with a population density of 

3 not more than 80 persons per square 

4 mile of land area, based on the 2010 

5 census; and 

6 ‘‘(II) that has 3 or fewer Inter7 state interchanges between 2 routes 

8 on the Interstate System; and 

9 ‘‘(ii) are projects that— 

10 ‘‘(I) address a freight system 

11 need identified in a State freight plan 

12 under section 70202 of title 49 (re13 ferred to in this paragraph as a ‘State 

14 freight plan’); 

15 ‘‘(II) address a freight mobility 

16 issue identified in a State freight 

17 plan; or 

18 ‘‘(III) are identified in a State 

19 freight plan. 

20 ‘‘(B) INCLUSION IN STATE FREIGHT

21 PLAN.—A project described in subparagraph 

22 (A)(ii)(III) may include a project listed in the 

23 freight investment plan required under section 

24 70202(b)(9) of title 49. 


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1 ‘‘(C) UNUTILIZED AMOUNTS.—If, in fiscal 

2 year 2025, the Secretary determines that 

3 grants under this paragraph will not allow for 

4 the amount reserved under subparagraph (A) to 

5 be fully utilized, the Secretary shall use the un6 utilized amounts to make other grants under 

7 this section during that fiscal year. 

8 ‘‘(4) CRITICAL URBAN STATE PROJECTS.— 

9 ‘‘(A) REQUIREMENT.—Not less than 

10 $500,000,000 of the amounts made available 

11 for grants under this section for fiscal years 

12 2021 through 2025, in the aggregate, shall be 

13 used to make grants to eligible projects that are 

14 located in a State with a population density of 

15 not less than 400 persons per square mile of 

16 land area, based on the 2010 census. 

17 ‘‘(B) INCLUSION IN STATE FREIGHT

18 PLAN.—A project described in subparagraph 

19 (A) may include a project listed in the freight 

20 investment plan required under section 

21 70202(b)(9) of title 49. 

22 ‘‘(C) UNUTILIZED AMOUNTS.—If, in fiscal 

23 year 2025, the Secretary determines that 

24 grants under this paragraph will not allow for 

25 the amount reserved under subparagraph (A) to 


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1 be fully utilized, the Secretary shall use the un2 utilized amounts to make other grants under 

3 this section during that fiscal year.’’; 

4 (4) in subsection (e)— 

5 (A) in paragraph (1), by striking ‘‘10 per6 cent’’ and inserting ‘‘not less than 15 percent’’; 

7 (B) in paragraph (3)— 

8 (i) in subparagraph (A), by striking 

9 ‘‘and’’ at the end; 

10 (ii) in subparagraph (B), by striking 

11 the period at the end and inserting ‘‘; 

12 and’’; and 

13 (iii) by adding at the end the fol14 lowing: 

15 ‘‘(C) the effect of the proposed project on 

16 safety on freight corridors with significant haz17 ards, such as high winds, heavy snowfall, flood18 ing, rockslides, mudslides, wildfire, wildlife 

19 crossing onto the roadway, or steep grades.’’; 

20 and 

21 (C) by adding at the end the following: 

22 ‘‘(4) REQUIREMENT.—Of the amounts reserved 

23 under paragraph (1), not less than 30 percent shall 

24 be used for projects in rural areas (as defined in 

25 subsection (i)(3)).’’; 


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1 (5) in subsection (h)— 

2 (A) in paragraph (2), by striking ‘‘and’’ at 

3 the end; 

4 (B) in paragraph (3), by striking the pe5 riod at the end and inserting ‘‘; and’’; and 

6 (C) by adding at the end the following: 

7 ‘‘(4) enhancement of freight resilience to nat8 ural hazards or disasters, including high winds, 

9 heavy snowfall, flooding, rockslides, mudslides, wild10 fire, wildlife crossing onto the roadway, or steep 

11 grades.’’; 

12 (6) in subsection (i)(2), by striking ‘‘other 

13 grants under this section’’ and inserting ‘‘grants 

14 under subsection (e)’’; 

15 (7) in subsection (j)— 

16 (A) by striking the subsection designation 

17 and heading and all that follows through ‘‘The 

18 Federal share’’ in paragraph (1) and inserting 

19 the following: 

20 ‘‘(j) FEDERAL ASSISTANCE.— 

21 ‘‘(1) FEDERAL SHARE.— 

22 ‘‘(A) IN GENERAL.—Except as provided in 

23 subparagraph (B) or for a grant under sub24 section (q), the Federal share’’; 


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1 (B) in paragraph (1), by adding at the end 

2 the following: 

3 ‘‘(B) SMALL PROJECTS.—In the case of a 

4 project described in subsection (e)(1), the Fed5 eral share of the cost of the project shall be 80 

6 percent.’’; and 

7 (C) in paragraph (2)— 

8 (i) by striking ‘‘Federal assistance 

9 other’’ and inserting ‘‘Except for grants 

10 under subsection (q), Federal assistance 

11 other’’; and 

12 (ii) by striking ‘‘except that the total 

13 Federal’’ and inserting the following: ‘‘ex14 cept that— 

15 ‘‘(A) for a State with a population density 

16 of not more than 80 persons per square mile of 

17 land area, based on the 2010 census, the max18 imum share of the total Federal assistance pro19 vided for a project receiving a grant under this 

20 section shall be the applicable share under sec21 tion 120(b); and 

22 ‘‘(B) for a State not described in subpara23 graph (A), the total Federal’’; 

24 (8) by redesignating subsections (k) through 

25 (n) as subsections (l), (m), (n), and (p), respectively; 


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1 (9) by inserting after subsection (j) the fol2 lowing: 

3 ‘‘(k) EFFICIENT USE OF NON-FEDERAL FUNDS.— 

4 ‘‘(1) IN GENERAL.—Notwithstanding any other 

5 provision of law and subject to approval by the Sec6 retary under paragraph (2)(B), in the case of any 

7 grant for a project under this section, during the pe8 riod beginning on the date on which the grant recipi9 ent is selected and ending on the date on which the 

10 grant agreement is signed— 

11 ‘‘(A) the grant recipient may obligate and 

12 expend non-Federal funds with respect to the 

13 project for which the grant is provided; and 

14 ‘‘(B) any non-Federal funds obligated or 

15 expended in accordance with subparagraph (A) 

16 shall be credited toward the non-Federal cost 

17 share for the project for which the grant is pro18 vided. 

19 ‘‘(2) REQUIREMENTS.— 

20 ‘‘(A) APPLICATION.—In order to obligate 

21 and expend non-Federal funds under paragraph 

22 (1), the grant recipient shall submit to the Sec23 retary a request to obligate and expend non24 Federal funds under that paragraph, includ25 ing— 


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1 ‘‘(i) a description of the activities the 

2 grant recipient intends to fund; 

3 ‘‘(ii) a justification for advancing the 

4 activities described in clause (i), including 

5 an assessment of the effects to the project 

6 scope, schedule, and budget if the request 

7 is not approved; and 

8 ‘‘(iii) the level of risk of the activities 

9 described in clause (i). 

10 ‘‘(B) APPROVAL.—The Secretary shall ap11 prove or disapprove each request submitted 

12 under subparagraph (A). 

13 ‘‘(C) COMPLIANCE WITH APPLICABLE RE14 QUIREMENTS.—Any non-Federal funds obli15 gated or expended under paragraph (1) shall 

16 comply with all applicable requirements, includ17 ing any requirements included in the grant 

18 agreement. 

19 ‘‘(3) EFFECT.—The obligation or expenditure 

20 of any non-Federal funds in accordance with this 

21 subsection shall not— 

22 ‘‘(A) affect the signing of a grant agree23 ment or other applicable grant procedures with 

24 respect to the applicable grant; 


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1 ‘‘(B) create an obligation on the part of 

2 the Federal Government to repay any non-Fed3 eral funds if the grant agreement is not signed; 

4 or 

5 ‘‘(C) affect the ability of recipient of the 

6 grant to obligate or expend non-Federal funds 

7 to meet the non-Federal cost share for the 

8 project for which the grant is provided after the 

9 period described in paragraph (1).’’; 

10 (10) by inserting after subsection (n) (as so re11 designated) the following: 

12 ‘‘(o) APPLICANT NOTIFICATION.— 

13 ‘‘(1) IN GENERAL.—Not later than 60 days 

14 after the date on which a grant recipient for a 

15 project under this section is selected, the Secretary 

16 shall provide to each eligible applicant not selected 

17 for that grant a written notification that the eligible 

18 applicant was not selected. 

19 ‘‘(2) INCLUSION.—A written notification under 

20 paragraph (1) shall include an offer for a written or 

21 telephonic debrief by the Secretary that will pro22 vide— 

23 ‘‘(A) detail on the evaluation of the appli24 cation of the eligible applicant; and 


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1 ‘‘(B) an explanation of and guidance on 

2 the reasons the application was not selected for 

3 a grant under this section. 

4 ‘‘(3) RESPONSE.— 

5 ‘‘(A) IN GENERAL.—Not later than 30 

6 days after the eligible applicant receives a writ7 ten notification under paragraph (1), if the eli8 gible applicant opts to receive a debrief de9 scribed in paragraph (2), the eligible applicant 

10 shall notify the Secretary that the eligible appli11 cant is requesting a debrief. 

12 ‘‘(B) DEBRIEF.—If the eligible applicant 

13 submits a request for a debrief under subpara14 graph (A), the Secretary shall provide the de15 brief by not later than 60 days after the date 

16 on which the Secretary receives the request for 

17 a debrief.’’; and 

18 (11) by striking subsection (p) (as so redesig19 nated) and inserting the following: 

20 ‘‘(p) REPORTS.— 

21 ‘‘(1) ANNUAL REPORT.— 

22 ‘‘(A) IN GENERAL.—Notwithstanding any 

23 other provision of law, not later than 30 days 

24 after the date on which the Secretary selects a 

25 project for funding under this section, the SecVerDate Sep 11 2014 00:29 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00070 Fmt 6652 Sfmt 6201 E:\BILLS\S2302.IS S2302

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1 retary shall submit to the Committee on Envi2 ronment and Public Works of the Senate and 

3 the Committee on Transportation and Infra4 structure of the House of Representatives a re5 port that describes the reasons for selecting the 

6 project, based on any criteria established by the 

7 Secretary in accordance with this section. 

8 ‘‘(B) INCLUSIONS.—The report submitted 

9 under subparagraph (A) shall specify each cri10 terion established by the Secretary that the 

11 project meets. 

12 ‘‘(C) AVAILABILITY.—The Secretary shall 

13 make available on the website of the Depart14 ment of Transportation the report submitted 

15 under subparagraph (A). 

16 ‘‘(D) APPLICABILITY.—This paragraph ap17 plies to all projects described in subparagraph 

18 (A) that the Secretary selects on or after Janu19 ary 1, 2019. 

20 ‘‘(2) COMPTROLLER GENERAL.— 

21 ‘‘(A) ASSESSMENT.—The Comptroller Gen22 eral of the United States shall conduct an as23 sessment of the establishment, solicitation, se24 lection, and justification process with respect to 

25 the funding of projects under this section. 


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1 ‘‘(B) REPORT.—Not later than 1 year 

2 after the date of enactment of the America’s 

3 Transportation Infrastructure Act of 2019 and 

4 annually thereafter, the Comptroller General of 

5 the United States shall submit to the Com6 mittee on Environment and Public Works of the 

7 Senate and the Committee on Transportation 

8 and Infrastructure of the House of Representa9 tives a report that describes, for each project 

10 selected to receive funding under this section— 

11 ‘‘(i) the process by which each project 

12 was selected; 

13 ‘‘(ii) the factors that went into the se14 lection of each project; and 

15 ‘‘(iii) the justification for the selection 

16 of each project based on any criteria estab17 lished by the Secretary in accordance with 

18 this section. 

19 ‘‘(3) INSPECTOR GENERAL.—Not later than 1 

20 year after the date of enactment of the America’s 

21 Transportation Infrastructure Act of 2019 and an22 nually thereafter, the Inspector General of the De23 partment of Transportation shall— 

24 ‘‘(A) conduct an assessment of the estab25 lishment, solicitation, selection, and justification 


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1 process with respect to the funding of projects 

2 under this section; and 

3 ‘‘(B) submit to the Committee on Environ4 ment and Public Works of the Senate and the 

5 Committee on Transportation and Infrastruc6 ture of the House of Representatives a final re7 port that describes the findings of the Inspector 

8 General of the Department of Transportation 

9 with respect to the assessment conducted under 

10 subparagraph (A). 

11 ‘‘(q) STATE INCENTIVES PILOT PROGRAM.— 

12 ‘‘(1) ESTABLISHMENT.—There is established a 

13 pilot program to award grants to eligible applicants 

14 for projects eligible for grants under this section (re15 ferred to in this subsection as the ‘pilot program’). 

16 ‘‘(2) PRIORITY.—In awarding grants under the 

17 pilot program, the Secretary shall give priority to an 

18 application that offers a greater non-Federal share 

19 of the cost of a project relative to other applications 

20 under the pilot program. 

21 ‘‘(3) FEDERAL SHARE.— 

22 ‘‘(A) IN GENERAL.—Notwithstanding any 

23 other provision of law, the Federal share of the 

24 cost of a project assisted with a grant under the 

25 pilot program may not exceed 50 percent. 


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1 ‘‘(B) NO FEDERAL INVOLVEMENT.— 

2 ‘‘(i) IN GENERAL.—For grants award3 ed under the pilot program, except as pro4 vided in clause (ii), an eligible applicant 

5 may not use Federal assistance to satisfy 

6 the non-Federal share of the cost under 

7 subparagraph (A). 

8 ‘‘(ii) EXCEPTION.—An eligible appli9 cant may use funds from a secured loan 

10 (as defined in section 601(a)) to satisfy the 

11 non-Federal share of the cost under sub12 paragraph (A) if the loan is repayable from 

13 non-Federal funds. 

14 ‘‘(4) RESERVATION.— 

15 ‘‘(A) IN GENERAL.—Of the amounts made 

16 available to provide grants under this section, 

17 the Secretary shall reserve for each fiscal year 

18 $150,000,000 to provide grants under the pilot 

19 program. 

20 ‘‘(B) UNUTILIZED AMOUNTS.—In any fis21 cal year during which applications under this 

22 subsection are insufficient to effect an award or 

23 allocation of the entire amount reserved under 

24 subparagraph (A), the Secretary shall use the 


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1 unutilized amounts to provide other grants 

2 under this section. 

3 ‘‘(5) SET-ASIDES.— 

4 ‘‘(A) SMALL PROJECTS.— 

5 ‘‘(i) IN GENERAL.—Of the amounts 

6 reserved under paragraph (4)(A), the Sec7 retary shall reserve for each fiscal year not 

8 less than 10 percent for projects eligible 

9 for a grant under subsection (e). 

10 ‘‘(ii) REQUIREMENT.—For a grant 

11 awarded from the amount reserved under 

12 clause (i)— 

13 ‘‘(I) the requirements of sub14 section (e) shall apply; and 

15 ‘‘(II) the requirements of sub16 section (g) shall not apply. 

17 ‘‘(B) RURAL PROJECTS.— 

18 ‘‘(i) IN GENERAL.—Of the amounts 

19 reserved under paragraph (4)(A), the Sec20 retary shall reserve for each fiscal year not 

21 less than 25 percent for projects eligible 

22 for a grant under subsection (i). 

23 ‘‘(ii) REQUIREMENT.—For a grant 

24 awarded from the amount reserved under 


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1 clause (i), the requirements of subsection 

2 (i) shall apply. 

3 ‘‘(6) REPORT TO CONGRESS.—Not later than 2 

4 years after the date of enactment of this subsection, 

5 the Secretary shall submit to the Committee on En6 vironment and Public Works of the Senate and the 

7 Committee on Transportation and Infrastructure of 

8 the House of Representatives a report that describes 

9 the administration of the pilot program, including— 

10 ‘‘(A) the number, types, and locations of 

11 eligible applicants that have applied for grants 

12 under the pilot program; 

13 ‘‘(B) the number, types, and locations of 

14 grant recipients under the pilot program; 

15 ‘‘(C) an assessment of whether implemen16 tation of the pilot program has incentivized eli17 gible applicants to offer a greater non-Federal 

18 share for grants under the pilot program; and 

19 ‘‘(D) any recommendations for modifica20 tions to the pilot program.’’. 

21 (b) EFFICIENT USE OF NON-FEDERAL FUNDS.— 

22 (1) IN GENERAL.—Notwithstanding any other 

23 provision of law, in the case of a grant described in 

24 paragraph (2), section 117(k) of title 23, United 


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1 States Code, shall apply to the grant as if the grant 

2 was a grant provided under that section. 

3 (2) GRANT DESCRIBED.—A grant referred to in 

4 paragraph (1) is a grant that is— 

5 (A) provided under a competitive discre6 tionary grant program administered by the 

7 Federal Highway Administration; 

8 (B) for a project eligible under title 23, 

9 United States Code; and 

10 (C) in an amount greater than $5,000,000. 

11 SEC. 1111. HIGHWAY SAFETY IMPROVEMENT PROGRAM. 

12 Section 148 of title 23, United States Code, is 

13 amended— 

14 (1) in subsection (a)— 

15 (A) in paragraph (4)(B)— 

16 (i) in clause (xxviii), by striking 

17 ‘‘through (xxvii)’’ and inserting ‘‘through 

18 (xxviii)’’; 

19 (ii) by redesignating clause (xxviii) as 

20 clause (xxix); and 

21 (iii) by inserting after clause (xxvii) 

22 the following: 

23 ‘‘(xxviii) Leading pedestrian inter24 vals.’’; 


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1 (B) by redesignating paragraphs (10) 

2 through (12) as paragraphs (11) through (13), 

3 respectively; and 

4 (C) by inserting after paragraph (9) the 

5 following: 

6 ‘‘(10) SAFETY PROJECT UNDER ANY OTHER

7 SECTION.— 

8 ‘‘(A) IN GENERAL.—The term ‘safety 

9 project under any other section’ means a 

10 project carried out for the purpose of safety 

11 under any other section of this title. 

12 ‘‘(B) INCLUSION.—The term ‘safety 

13 project under any other section’ includes a 

14 project, consistent with the State strategic high15 way safety plan, that— 

16 ‘‘(i) promotes public awareness and 

17 informs the public regarding highway safe18 ty matters (including motorcycle safety); 

19 ‘‘(ii) facilitates enforcement of traffic 

20 safety laws; 

21 ‘‘(iii) provides infrastructure and in22 frastructure-related equipment to support 

23 emergency services; or 


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1 ‘‘(iv) conducts safety-related research 

2 to evaluate experimental safety counter3 measures or equipment.’’; 

4 (2) in subsection (c)(1)(A), by striking ‘‘sub5 sections (a)(11)’’ and inserting ‘‘subsections 

6 (a)(12)’’; 

7 (3) in subsection (d)(2)(B)(i), by striking ‘‘sub8 section (a)(11)’’ and inserting ‘‘subsection (a)(12)’’; 

9 and 

10 (4) in subsection (e), by adding at the end the 

11 following: 

12 ‘‘(3) FLEXIBLE FUNDING FOR SAFETY

13 PROJECTS UNDER ANY OTHER SECTION.— 

14 ‘‘(A) IN GENERAL.—To advance the imple15 mentation of a State strategic highway safety 

16 plan, a State may use not more than 25 percent 

17 of the amounts apportioned to the State under 

18 section 104(b)(3) for a fiscal year to carry out 

19 safety projects under any other section. 

20 ‘‘(B) OTHER TRANSPORTATION AND HIGH21 WAY SAFETY PLANS.—Nothing in this para22 graph requires a State to revise any State proc23 ess, plan, or program in effect on the date of 

24 enactment of this paragraph.’’. 


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1 SEC. 1112. FEDERAL LANDS TRANSPORTATION PROGRAM. 

2 Section 203(a) of title 23, United States Code, is 

3 amended— 

4 (1) in paragraph (1)— 

5 (A) in subparagraph (B), by adding ‘‘and’’ 

6 at the end; 

7 (B) in subparagraph (C), by striking ‘‘; 

8 and’’ and inserting a period; and 

9 (C) in subparagraph (D), by striking 

10 ‘‘$10,000,000’’ and inserting ‘‘$20,000,000’’; 

11 and 

12 (2) by adding at the end the following: 

13 ‘‘(6) NATIVE PLANT MATERIALS.—In carrying 

14 out an activity described in paragraph (1), the entity 

15 carrying out the activity shall consider— 

16 ‘‘(A) the use of locally adapted native plant 

17 materials; and 

18 ‘‘(B) designs that minimize runoff and 

19 heat generation.’’. 

20 SEC. 1113. FEDERAL LANDS ACCESS PROGRAM. 

21 Section 204(a) of title 23, United States Code, is 

22 amended— 

23 (1) in paragraph (1)(A)— 

24 (A) in the matter preceding clause (i), by 

25 inserting ‘‘context-sensitive solutions,’’ after 

26 ‘‘restoration,’’; 


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1 (B) in clause (i), by inserting ‘‘, including 

2 interpretive panels in or adjacent to those 

3 areas’’ after ‘‘areas’’; 

4 (C) in clause (v), by striking ‘‘and’’ at the 

5 end; 

6 (D) by redesignating clause (vi) as clause 

7 (ix); and 

8 (E) by inserting after clause (v) the fol9 lowing: 

10 ‘‘(vi) contextual wayfinding markers; 

11 ‘‘(vii) landscaping; 

12 ‘‘(viii) cooperative mitigation of visual 

13 blight, including screening or removal; 

14 and’’; and 

15 (2) by adding at the end the following: 

16 ‘‘(6) NATIVE PLANT MATERIALS.—In carrying 

17 out an activity described in paragraph (1), the Sec18 retary shall ensure that the entity carrying out the 

19 activity considers— 

20 ‘‘(A) the use of locally adapted native plant 

21 materials; and 

22 ‘‘(B) designs that minimize runoff and 

23 heat generation.’’. 


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1 SEC. 1114. NATIONAL HIGHWAY FREIGHT PROGRAM. 

2 Section 167 of title 23, United States Code, is 

3 amended— 

4 (1) in subsection (e)— 

5 (A) in paragraph (2), by striking ‘‘150 

6 miles’’ and inserting ‘‘300 miles’’; and 

7 (B) by adding at the end the following: 

8 ‘‘(3) RURAL STATES.—Notwithstanding para9 graph (2), a State with a population per square mile 

10 of area that is less than the national average, based 

11 on the 2010 census, may designate as critical rural 

12 freight corridors a maximum of 600 miles of high13 way or 25 percent of the primary highway freight 

14 system mileage in the State, whichever is greater.’’; 

15 (2) in subsection (f)(4), by striking ‘‘75 miles’’ 

16 and inserting ‘‘150 miles’’; and 

17 (3) in subsection (i)(5)(B)— 

18 (A) in the matter preceding clause (i), by 

19 striking ‘‘10 percent’’ and inserting ‘‘30 per20 cent’’; 

21 (B) in clause (i), by striking ‘‘and’’ at the 

22 end; 

23 (C) in clause (ii), by striking the period at 

24 the end and inserting a semicolon; and 

25 (D) by adding at the end the following: 


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1 ‘‘(iii) for the modernization or reha2 bilitation of a lock and dam, if the Sec3 retary determines that the project— 

4 ‘‘(I) is functionally connected to 

5 the National Highway Freight Net6 work; and 

7 ‘‘(II) is likely to reduce on-road 

8 mobile source emissions; and 

9 ‘‘(iv) on a marine highway corridor, 

10 connector, or crossing designated by the 

11 Secretary under section 55601(c) of title 

12 46 (including an inland waterway corridor, 

13 connector, or crossing), if the Secretary de14 termines that the project— 

15 ‘‘(I) is functionally connected to 

16 the National Highway Freight Net17 work; and 

18 ‘‘(II) is likely to reduce on-road 

19 mobile source emissions.’’. 

20 SEC. 1115. CONGESTION MITIGATION AND AIR QUALITY IM21 PROVEMENT PROGRAM. 

22 Section 149 of title 23, United States Code, is 

23 amended— 

24 (1) in subsection (b)— 


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1 (A) in the matter preceding paragraph (1), 

2 by striking ‘‘subsection (d)’’ and inserting ‘‘sub3 sections (d) and (m)(1)(B)(ii)’’; 

4 (B) in paragraph (8)(B), by striking ‘‘or’’ 

5 at the end; 

6 (C) in paragraph (9), by striking the pe7 riod at the end and inserting a semicolon; and 

8 (D) by adding at the end the following: 

9 ‘‘(10) if the project is for the modernization or 

10 rehabilitation of a lock and dam that— 

11 ‘‘(A) is functionally connected to the Fed12 eral-aid highway system; and 

13 ‘‘(B) the Secretary determines is likely to 

14 contribute to the attainment or maintenance of 

15 a national ambient air quality standard; or 

16 ‘‘(11) if the project is on a marine highway cor17 ridor, connector, or crossing designated by the Sec18 retary under section 55601(c) of title 46 (including 

19 an inland waterway corridor, connector, or crossing) 

20 that— 

21 ‘‘(A) is functionally connected to the Fed22 eral-aid highway system; and 

23 ‘‘(B) the Secretary determines is likely to 

24 contribute to the attainment or maintenance of 

25 a national ambient air quality standard.’’; 


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1 (2) in subsection (c), by adding at the end the 

2 following: 

3 ‘‘(4) LOCKS AND DAMS; MARINE HIGHWAYS.— 

4 For each fiscal year, a State may not obligate more 

5 than 10 percent of the funds apportioned to the 

6 State under section 104(b)(4) for projects described 

7 in paragraphs (10) and (11) of subsection (b).’’; and 

8 (3) by striking subsection (m) and inserting the 

9 following: 

10 ‘‘(m) OPERATING ASSISTANCE.— 

11 ‘‘(1) IN GENERAL.—A State may obligate funds 

12 apportioned under section 104(b)(4) in an area of 

13 the State that is otherwise eligible for obligations of 

14 such funds for operating costs— 

15 ‘‘(A) under chapter 53 of title 49; or 

16 ‘‘(B) on— 

17 ‘‘(i) a system for which CMAQ fund18 ing was eligible, made available, obligated, 

19 or expended in fiscal year 2012; or 

20 ‘‘(ii) a State-supported Amtrak route 

21 with a valid cost-sharing agreement under 

22 section 209 of the Passenger Rail Invest23 ment and Improvement Act of 2008 (49 

24 U.S.C. 24101 note; Public Law 110–432) 


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1 and no current nonattainment areas under 

2 subsection (d). 

3 ‘‘(2) NO TIME LIMITATION.—Operating assist4 ance provided under paragraph (1) shall have no im5 posed time limitation if the operating assistance is 

6 for— 

7 ‘‘(A) a route described in subparagraph 

8 (B)(ii) of that paragraph; or 

9 ‘‘(B) a transit system that is located in— 

10 ‘‘(i) a non-urbanized area; or 

11 ‘‘(ii) an urbanized area with a popu12 lation of 200,000 or fewer.’’. 

13 SEC. 1116. NATIONAL SCENIC BYWAYS PROGRAM. 

14 (a) REQUEST FOR NOMINATIONS.—Not later than 90 

15 days after the date of enactment of this Act, the Secretary 

16 shall issue a request for nominations with respect to roads 

17 to be designated under the national scenic byways pro18 gram, as described in section 162(a) of title 23, United 

19 States Code. The Secretary shall make the request for 

20 nominations available on the appropriate website of the 

21 Department. 

22 (b) DESIGNATION DETERMINATIONS.—Not later 

23 than 1 year after the date on which the request for nomi24 nations required under subsection (a) is issued, the Sec25 retary shall make publicly available on the appropriate 


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1 website of the Department a list specifying the roads, 

2 nominated pursuant to such request, to be designated 

3 under the national scenic byways program. 

4 SEC. 1117. ALASKA HIGHWAY. 

5 Section 218 of title 23, United States Code, is 

6 amended to read as follows: 

7 ‘‘§ 218. Alaska Highway 

8 ‘‘(a) Recognizing the benefits that will accrue to the 

9 State of Alaska and to the United States from the recon10 struction of the Alaska Highway from the Alaskan border 

11 at Beaver Creek, Yukon Territory, to Haines Junction in 

12 Canada and the Haines Cutoff Highway from Haines 

13 Junction in Canada to Haines, Alaska, the Secretary may 

14 provide for the necessary reconstruction of the highway 

15 using funds awarded through an applicable competitive 

16 grant program, if the highway meets all applicable eligi17 bility requirements for the program, except for the specific 

18 requirements established by the agreement for the Alaska 

19 Highway Project between the Government of the United 

20 States and the Government of Canada. In addition to the 

21 funds described in the previous sentence, notwithstanding 

22 any other provision of law and on agreement with the 

23 State of Alaska, the Secretary is authorized to expend on 

24 such highway or the Alaska Marine Highway System any 

25 Federal-aid highway funds apportioned to the State of 


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1 Alaska under this title at a Federal share of 100 per cen2 tum. No expenditures shall be made for the construction 

3 of the portion of such highways that are in Canada unless 

4 an agreement is in place between the Government of Can5 ada and the Government of the United States (including 

6 an agreement in existence on the date of enactment of the 

7 America’s Transportation Infrastructure Act of 2019) 

8 that provides, in part, that the Canadian Government— 

9 ‘‘(1) will provide, without participation of funds 

10 authorized under this title, all necessary right-of-way 

11 for the reconstruction of such highways; 

12 ‘‘(2) will not impose any highway toll, or permit 

13 any such toll to be charged for the use of such high14 ways by vehicles or persons; 

15 ‘‘(3) will not levy or assess, directly or indi16 rectly, any fee, tax, or other charge for the use of 

17 such highways by vehicles or persons from the 

18 United States that does not apply equally to vehicles 

19 or persons of Canada; 

20 ‘‘(4) will continue to grant reciprocal recogni21 tion of vehicle registration and driver’s licenses in 

22 accordance with agreements between the United 

23 States and Canada; and 


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1 ‘‘(5) will maintain such highways after their 

2 completion in proper condition adequately to serve 

3 the needs of present and future traffic. 

4 ‘‘(b) The survey and construction work undertaken 

5 in Canada pursuant to this section shall be under the gen6 eral supervision of the Secretary. 

7 ‘‘(c) For purposes of this section, the term ‘Alaska 

8 Marine Highway System’ includes all existing or planned 

9 transportation facilities and equipment in Alaska, includ10 ing the lease, purchase, or construction of vessels, termi11 nals, docks, floats, ramps, staging areas, parking lots, 

12 bridges and approaches thereto, and necessary roads.’’. 

13 SEC. 1118. TOLL ROADS, BRIDGES, TUNNELS, AND FERRIES. 

14 Section 129(c) of title 23, United States Code, is 

15 amended in the matter preceding paragraph (1) by strik16 ing ‘‘the construction of ferry boats and ferry terminal fa17 cilities, whether toll or free,’’ and inserting ‘‘the construc18 tion of ferry boats and ferry terminal facilities (including 

19 ferry maintenance facilities), whether toll or free, and the 

20 procurement of transit vehicles used exclusively as an inte21 gral part of an intermodal ferry trip,’’. 

22 SEC. 1119. BRIDGE INVESTMENT PROGRAM. 

23 (a) IN GENERAL.—Chapter 1 of title 23, United 

24 States Code, is amended by inserting after section 123 the 

25 following: 


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1 ‘‘§ 124. Bridge investment program 

2 ‘‘(a) DEFINITIONS.—In this section: 

3 ‘‘(1) ELIGIBLE PROJECT.— 

4 ‘‘(A) IN GENERAL.—The term ‘eligible 

5 project’ means a project to replace, rehabilitate, 

6 preserve, or protect 1 or more bridges on the 

7 National Bridge Inventory under section 

8 144(b). 

9 ‘‘(B) INCLUSIONS.—The term ‘eligible 

10 project’ includes— 

11 ‘‘(i) a bundle of projects described in 

12 subparagraph (A), regardless of whether 

13 the bundle of projects meets the require14 ments of section 144(j)(5); and 

15 ‘‘(ii) a project to replace or rehabili16 tate culverts for the purpose of improving 

17 flood control and improved habitat 

18 connectivity for aquatic species. 

19 ‘‘(2) LARGE PROJECT.—The term ‘large 

20 project’ means an eligible project with total eligible 

21 project costs of greater than $100,000,000. 

22 ‘‘(3) PROGRAM.—The term ‘program’ means 

23 the bridge investment program established by sub24 section (b)(1). 

25 ‘‘(b) ESTABLISHMENT OF BRIDGE INVESTMENT PRO26 GRAM.— 


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1 ‘‘(1) IN GENERAL.—There is established a 

2 bridge investment program to provide financial as3 sistance for eligible projects under this section. 

4 ‘‘(2) GOALS.—The goals of the program shall 

5 be— 

6 ‘‘(A) to improve the safety, efficiency, and 

7 reliability of the movement of people and freight 

8 over bridges; 

9 ‘‘(B) to improve the condition of bridges in 

10 the United States by reducing— 

11 ‘‘(i) the number of bridges— 

12 ‘‘(I) in poor condition; or 

13 ‘‘(II) in fair condition and at risk 

14 of falling into poor condition within 

15 the next 3 years; 

16 ‘‘(ii) the total person miles traveled 

17 over bridges— 

18 ‘‘(I) in poor condition; or 

19 ‘‘(II) in fair condition and at risk 

20 of falling into poor condition within 

21 the next 3 years; 

22 ‘‘(iii) the number of bridges that— 

23 ‘‘(I) do not meet current geo24 metric design standards; or 


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1 ‘‘(II) cannot meet the load and 

2 traffic requirements typical of the re3 gional transportation network; and 

4 ‘‘(iv) the total person miles traveled 

5 over bridges that— 

6 ‘‘(I) do not meet current geo7 metric design standards; or 

8 ‘‘(II) cannot meet the load and 

9 traffic requirements typical of the re10 gional transportation network; and 

11 ‘‘(C) to provide financial assistance that 

12 leverages and encourages non-Federal contribu13 tions from sponsors and stakeholders involved 

14 in the planning, design, and construction of eli15 gible projects. 

16 ‘‘(c) GRANT AUTHORITY.— 

17 ‘‘(1) IN GENERAL.—In carrying out the pro18 gram, the Secretary may award grants, on a com19 petitive basis, in accordance with this section. 

20 ‘‘(2) GRANT AMOUNTS.—Except as otherwise 

21 provided, a grant under the program shall be— 

22 ‘‘(A) in the case of a large project, in an 

23 amount that is— 


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1 ‘‘(i) adequate to fully fund the project 

2 (in combination with other financial re3 sources identified in the application); and 

4 ‘‘(ii) not less than $50,000,000; and 

5 ‘‘(B) in the case of any other eligible 

6 project, in an amount that is— 

7 ‘‘(i) adequate to fully fund the project 

8 (in combination with other financial re9 sources identified in the application); and 

10 ‘‘(ii) not less than $2,500,000. 

11 ‘‘(3) MAXIMUM AMOUNT.—Except as otherwise 

12 provided, for an eligible project receiving assistance 

13 under the program, the amount of assistance pro14 vided by the Secretary under this section, as a share 

15 of eligible project costs, shall be— 

16 ‘‘(A) in the case of a large project, not 

17 more than 50 percent; and 

18 ‘‘(B) in the case of any other eligible 

19 project, not more than 80 percent. 

20 ‘‘(4) FEDERAL SHARE.— 

21 ‘‘(A) MAXIMUM FEDERAL INVOLVE22 MENT.—Federal assistance other than a grant 

23 under the program may be used to satisfy the 

24 non-Federal share of the cost of a project for 

25 which a grant is made, except that the total 


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1 Federal assistance provided for a project receiv2 ing a grant under the program may not exceed 

3 the Federal share for the project under section 

4 120. 

5 ‘‘(B) OFF-SYSTEM BRIDGES.—In the case 

6 of an eligible project for an off-system bridge 

7 (as defined in section 133(f)(1))— 

8 ‘‘(i) Federal assistance other than a 

9 grant under the program may be used to 

10 satisfy the non-Federal share of the cost of 

11 a project; and 

12 ‘‘(ii) notwithstanding subparagraph 

13 (A), the total Federal assistance provided 

14 for the project shall not exceed 90 percent 

15 of the total eligible project costs. 

16 ‘‘(C) FEDERAL LAND MANAGEMENT AGEN17 CIES AND TRIBAL GOVERNMENTS.—Notwith18 standing any other provision of law, Federal 

19 funds other than Federal funds made available 

20 under this section may be used to pay the re21 maining share of the cost of a project under the 

22 program by a Federal land management agency 

23 or a Tribal government or consortium of Tribal 

24 governments. 

25 ‘‘(5) CONSIDERATIONS.— 


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1 ‘‘(A) IN GENERAL.—In awarding grants 

2 under the program, the Secretary shall con3 sider— 

4 ‘‘(i) in the case of a large project, the 

5 ratings assigned under subsection 

6 (g)(5)(A); 

7 ‘‘(ii) in the case of an eligible project 

8 other than a large project, the quality rat9 ing assigned under subsection (f)(3)(A)(ii); 

10 ‘‘(iii) the average daily person and 

11 freight throughput supported by the eligi12 ble project; 

13 ‘‘(iv) the number and percentage of 

14 bridges within the same State as the eligi15 ble project that are in poor condition; 

16 ‘‘(v) the extent to which the eligible 

17 project demonstrates cost savings by bun18 dling multiple bridge projects; 

19 ‘‘(vi) in the case of an eligible project 

20 of a Federal land management agency, the 

21 extent to which the grant would reduce a 

22 Federal liability or Federal infrastructure 

23 maintenance backlog; 

24 ‘‘(vii) geographic diversity among 

25 grant recipients, including the need for a 


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1 balance between the needs of rural and 

2 urban communities; and 

3 ‘‘(viii) the extent to which a bridge 

4 that would be assisted with a grant— 

5 ‘‘(I) is, without that assistance— 

6 ‘‘(aa) at risk of falling into 

7 or remaining in poor condition; 

8 or 

9 ‘‘(bb) in fair condition and 

10 at risk of falling into poor condi11 tion within the next 3 years; 

12 ‘‘(II) does not meet current geo13 metric design standards based on— 

14 ‘‘(aa) the current use of the 

15 bridge; or 

16 ‘‘(bb) load and traffic re17 quirements typical of the regional 

18 corridor or local network in 

19 which the bridge is located; or 

20 ‘‘(III) does not meet current seis21 mic design standards. 

22 ‘‘(B) REQUIREMENT.—The Secretary 

23 shall— 


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1 ‘‘(i) give priority to an application for 

2 an eligible project that is located within a 

3 State for which— 

4 ‘‘(I) 2 or more applications for 

5 eligible projects within the State were 

6 submitted for the current fiscal year 

7 and an average of 2 or more applica8 tions for eligible projects within the 

9 State were submitted in prior fiscal 

10 years of the program; and 

11 ‘‘(II) fewer than 2 grants have 

12 been awarded for eligible projects 

13 within the State under the program; 

14 ‘‘(ii) during the period of fiscal years 

15 2021 through 2025, for each State de16 scribed in clause (i), select— 

17 ‘‘(I) not fewer than 1 large 

18 project that the Secretary determines 

19 is justified under the evaluation under 

20 subsection (g)(4); or 

21 ‘‘(II) 2 eligible projects that are 

22 not large projects that the Secretary 

23 determines are justified under the 

24 evaluation under subsection (f)(3); 

25 and 


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1 ‘‘(iii) not be required to award a grant 

2 for an eligible project that the Secretary 

3 does not determine is justified under an 

4 evaluation under subsection (f)(3) or 

5 (g)(4). 

6 ‘‘(6) CULVERT LIMITATION.—Not more than 5 

7 percent of the amounts made available for each fis8 cal year for grants under the program may be used 

9 for eligible projects that consist solely of culvert re10 placement or rehabilitation. 

11 ‘‘(d) ELIGIBLE ENTITY.—The Secretary may make 

12 a grant under the program to any of the following: 

13 ‘‘(1) A State or a group of States. 

14 ‘‘(2) A metropolitan planning organization that 

15 serves an urbanized area (as designated by the Bu16 reau of the Census) with a population of over 

17 200,000. 

18 ‘‘(3) A unit of local government or a group of 

19 local governments. 

20 ‘‘(4) A political subdivision of a State or local 

21 government. 

22 ‘‘(5) A special purpose district or public author23 ity with a transportation function. 

24 ‘‘(6) A Federal land management agency. 


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1 ‘‘(7) A Tribal government or a consortium of 

2 Tribal governments. 

3 ‘‘(8) A multistate or multijurisdictional group 

4 of entities described in paragraphs (1) through (7). 

5 ‘‘(e) ELIGIBLE PROJECT REQUIREMENTS.—The Sec6 retary may make a grant under the program only to an 

7 eligible entity for an eligible project that— 

8 ‘‘(1) in the case of a large project, the Sec9 retary recommends for funding in the annual report 

10 on funding recommendations under subsection 

11 (g)(6); 

12 ‘‘(2) is reasonably expected to begin construc13 tion not later than 18 months after the date on 

14 which funds are obligated for the project; and 

15 ‘‘(3) is based on the results of preliminary engi16 neering. 

17 ‘‘(f) COMPETITIVE PROCESS AND EVALUATION OF

18 ELIGIBLE PROJECTS OTHER THAN LARGE PROJECTS.— 

19 ‘‘(1) COMPETITIVE PROCESS.— 

20 ‘‘(A) IN GENERAL.—The Secretary shall— 

21 ‘‘(i) for the first fiscal year for which 

22 funds are made available for obligation 

23 under the program, not later than 60 days 

24 after the date on which the template under 

25 subparagraph (B)(i) is developed, and in 


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1 subsequent fiscal years, not later than 60 

2 days after the date on which amounts are 

3 made available for obligation under the 

4 program, solicit grant applications for eli5 gible projects other than large projects; 

6 and 

7 ‘‘(ii) not later than 120 days after the 

8 date on which the solicitation under clause 

9 (i) expires, conduct evaluations under 

10 paragraph (3). 

11 ‘‘(B) REQUIREMENTS.—In carrying out 

12 subparagraph (A), the Secretary shall— 

13 ‘‘(i) develop a template for applicants 

14 to use to summarize project needs and 

15 benefits, including benefits described in 

16 paragraph (3)(B)(i); and 

17 ‘‘(ii) enable applicants to use data 

18 from the National Bridge Inventory under 

19 section 144(b) to populate templates de20 scribed in clause (i), as applicable. 

21 ‘‘(2) APPLICATIONS.—An eligible entity shall 

22 submit to the Secretary an application at such time, 

23 in such manner, and containing such information as 

24 the Secretary may require. 

25 ‘‘(3) EVALUATION.— 


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1 ‘‘(A) IN GENERAL.—Prior to providing a 

2 grant under this subsection, the Secretary 

3 shall— 

4 ‘‘(i) conduct an evaluation of each eli5 gible project for which an application is re6 ceived under this subsection; and 

7 ‘‘(ii) assign a quality rating to the eli8 gible project on the basis of the evaluation 

9 under clause (i). 

10 ‘‘(B) REQUIREMENTS.—In carrying out an 

11 evaluation under subparagraph (A), the Sec12 retary shall— 

13 ‘‘(i) consider information on project 

14 benefits submitted by the applicant using 

15 the template developed under paragraph 

16 (1)(B)(i), including whether the project 

17 will generate, as determined by the Sec18 retary— 

19 ‘‘(I) costs avoided by the preven20 tion of closure or reduced use of the 

21 bridge to be improved by the project; 

22 ‘‘(II) in the case of a bundle of 

23 projects, benefits from executing the 

24 projects as a bundle compared to as 

25 individual projects; 


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1 ‘‘(III) safety benefits, including 

2 the reduction of accidents and related 

3 costs; 

4 ‘‘(IV) person and freight mobility 

5 benefits, including congestion reduc6 tion and reliability improvements; 

7 ‘‘(V) national or regional eco8 nomic benefits; 

9 ‘‘(VI) benefits from long-term re10 siliency to extreme weather events, 

11 flooding, or other natural disasters; 

12 ‘‘(VII) benefits from protection 

13 (as described in section 133(b)(10)), 

14 including improving seismic or scour 

15 protection; 

16 ‘‘(VIII) environmental benefits, 

17 including wildlife connectivity; 

18 ‘‘(IX) benefits to nonvehicular 

19 and public transportation users; 

20 ‘‘(X) benefits of using— 

21 ‘‘(aa) innovative design and 

22 construction techniques; or 

23 ‘‘(bb) innovative tech24 nologies; or 


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1 ‘‘(XI) reductions in maintenance 

2 costs, including, in the case of a feder3 ally owned bridge, cost savings to the 

4 Federal budget; and 

5 ‘‘(ii) consider whether and the extent 

6 to which the benefits, including the bene7 fits described in clause (i), are more likely 

8 than not to outweigh the total project 

9 costs. 

10 ‘‘(g) COMPETITIVE PROCESS, EVALUATION, AND AN11 NUAL REPORT FOR LARGE PROJECTS.— 

12 ‘‘(1) IN GENERAL.—The Secretary shall estab13 lish an annual date by which an eligible entity sub14 mitting an application for a large project shall sub15 mit to the Secretary such information as the Sec16 retary may require, including information described 

17 in paragraph (2), in order for a large project to be 

18 considered for a recommendation by the Secretary 

19 for funding in the next annual report under para20 graph (6). 

21 ‘‘(2) INFORMATION REQUIRED.—The informa22 tion referred to in paragraph (1) includes— 

23 ‘‘(A) all necessary information required for 

24 the Secretary to evaluate the large project; and 


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1 ‘‘(B) information sufficient for the Sec2 retary to determine that— 

3 ‘‘(i) the large project meets the appli4 cable requirements under this section; and 

5 ‘‘(ii) there is a reasonable likelihood 

6 that the large project will continue to meet 

7 the requirements under this section. 

8 ‘‘(3) DETERMINATION; NOTICE.—On making a 

9 determination that information submitted to the 

10 Secretary under paragraph (1) is sufficient, the Sec11 retary shall provide a written notice of that deter12 mination to— 

13 ‘‘(A) the eligible entity that submitted the 

14 application; 

15 ‘‘(B) the Committee on Environment and 

16 Public Works of the Senate; and 

17 ‘‘(C) the Committee on Transportation and 

18 Infrastructure of the House of Representatives. 

19 ‘‘(4) EVALUATION.—The Secretary may rec20 ommend a large project for funding in the annual 

21 report under paragraph (6) only if the Secretary 

22 evaluates the proposed project and determines that 

23 the project is justified because the project— 

24 ‘‘(A) addresses a need to improve the con25 dition of the bridge, as determined by the SecVerDate Sep 11 2014 00:29 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00104 Fmt 6652 Sfmt 6201 E:\BILLS\S2302.IS S2302

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1 retary, consistent with the goals of the program 

2 under subsection (b)(2); 

3 ‘‘(B) will generate, as determined by the 

4 Secretary— 

5 ‘‘(i) costs avoided by the prevention of 

6 closure or reduced use of the bridge to be 

7 improved by the project; 

8 ‘‘(ii) in the case of a bundle of 

9 projects, benefits from executing the 

10 projects as a bundle compared to as indi11 vidual projects; 

12 ‘‘(iii) safety benefits, including the re13 duction of accidents and related costs; 

14 ‘‘(iv) person and freight mobility bene15 fits, including congestion reduction and re16 liability improvements; 

17 ‘‘(v) national or regional economic 

18 benefits; 

19 ‘‘(vi) benefits from long-term resil20 iency to extreme weather events, flooding, 

21 or other natural disasters; 

22 ‘‘(vii) benefits from protection (as de23 scribed in section 133(b)(10)), including 

24 improving seismic or scour protection; 


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1 ‘‘(viii) environmental benefits, includ2 ing wildlife connectivity; 

3 ‘‘(ix) benefits to nonvehicular and 

4 public transportation users; 

5 ‘‘(x) benefits of using— 

6 ‘‘(I) innovative design and con7 struction techniques; or 

8 ‘‘(II) innovative technologies; or 

9 ‘‘(xi) reductions in maintenance costs, 

10 including, in the case of a federally owned 

11 bridge, cost savings to the Federal budget; 

12 ‘‘(C) is cost effective based on an analysis 

13 of whether the benefits and avoided costs de14 scribed in subparagraph (B) are expected to 

15 outweigh the project costs; 

16 ‘‘(D) is supported by other Federal or non17 Federal financial commitments or revenues ade18 quate to fund ongoing maintenance and preser19 vation; and 

20 ‘‘(E) is consistent with the objectives of an 

21 applicable asset management plan of the project 

22 sponsor, including a State asset management 

23 plan under section 119(e) in the case of a 

24 project on the National Highway System that is 

25 sponsored by a State. 


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1 ‘‘(5) RATINGS.— 

2 ‘‘(A) IN GENERAL.—The Secretary shall 

3 develop a methodology to evaluate and rate a 

4 large project on a 5-point scale (the points of 

5 which include ‘high’, ‘medium-high’, ‘medium’, 

6 ‘medium-low’, and ‘low’) for each of— 

7 ‘‘(i) paragraph (4)(B); 

8 ‘‘(ii) paragraph (4)(C); and 

9 ‘‘(iii) paragraph (4)(D). 

10 ‘‘(B) REQUIREMENT.—To be considered 

11 justified and receive a recommendation for 

12 funding in the annual report under paragraph 

13 (6), a project shall receive a rating of not less 

14 than ‘medium’ for each rating required under 

15 subparagraph (A). 

16 ‘‘(6) ANNUAL REPORT ON FUNDING REC17 OMMENDATIONS FOR LARGE PROJECTS.— 

18 ‘‘(A) IN GENERAL.—Not later than the 

19 first Monday in February of each year, the Sec20 retary shall submit to the Committees on 

21 Transportation and Infrastructure and Appro22 priations of the House of Representatives and 

23 the Committees on Environment and Public 

24 Works and Appropriations of the Senate a re25 port that includes— 


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1 ‘‘(i) a list of large projects that have 

2 requested a recommendation for funding 

3 under a new grant agreement from funds 

4 anticipated to be available to carry out this 

5 subsection in the next fiscal year; 

6 ‘‘(ii) the evaluation under paragraph 

7 (4) and ratings under paragraph (5) for 

8 each project referred to in clause (i); 

9 ‘‘(iii) the grant amounts that the Sec10 retary recommends providing to large 

11 projects in the next fiscal year, including— 

12 ‘‘(I) scheduled payments under 

13 previously signed multiyear grant 

14 agreements under subsection (j); 

15 ‘‘(II) payments for new grant 

16 agreements, including single-year 

17 grant agreements and multiyear grant 

18 agreements; and 

19 ‘‘(III) a description of how 

20 amounts anticipated to be available 

21 for the program from the Highway 

22 Trust Fund for that fiscal year will be 

23 distributed; and 

24 ‘‘(iv) for each project for which the 

25 Secretary recommends a new multiyear 


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1 grant agreement under subsection (j), the 

2 proposed payout schedule for the project. 

3 ‘‘(B) LIMITATIONS.— 

4 ‘‘(i) IN GENERAL.—The Secretary 

5 shall not recommend in an annual report 

6 under this paragraph a new multiyear 

7 grant agreement provided from funds from 

8 the Highway Trust Fund unless the Sec9 retary determines that the project can be 

10 completed using funds that are anticipated 

11 to be available from the Highway Trust 

12 Fund in future fiscal years. 

13 ‘‘(ii) GENERAL FUND PROJECTS.— 

14 The Secretary— 

15 ‘‘(I) may recommend for funding 

16 in an annual report under this para17 graph a large project using funds 

18 from the general fund of the Treas19 ury; but 

20 ‘‘(II) shall not execute a grant 

21 agreement for that project unless— 

22 ‘‘(aa) funds other than from 

23 the Highway Trust Fund have 

24 been made available for the 

25 project; and 


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1 ‘‘(bb) the Secretary deter2 mines that the project can be 

3 completed using funds other than 

4 from the Highway Trust Fund 

5 that are anticipated to be avail6 able in future fiscal years. 

7 ‘‘(C) CONSIDERATIONS.—In selecting 

8 projects to recommend for funding in the an9 nual report under this paragraph, the Secretary 

10 shall— 

11 ‘‘(i) consider the amount of funds 

12 available in future fiscal years for 

13 multiyear grant agreements as described in 

14 subparagraph (B); and 

15 ‘‘(ii) assume the availability of funds 

16 in future fiscal years for multiyear grant 

17 agreements that extend beyond the period 

18 of authorization based on the amount 

19 made available for large projects under the 

20 program in the last fiscal year of the pe21 riod of authorization. 

22 ‘‘(D) PROJECT DIVERSITY.—In selecting 

23 projects to recommend for funding in the an24 nual report under this paragraph, the Secretary 


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1 shall ensure diversity among projects rec2 ommended based on— 

3 ‘‘(i) the amount of the grant re4 quested; and 

5 ‘‘(ii) grants for an eligible project for 

6 1 bridge compared to an eligible project 

7 that is a bundle of projects. 

8 ‘‘(h) ELIGIBLE PROJECT COSTS.—A grant received 

9 for an eligible project under the program may be used 

10 for— 

11 ‘‘(1) development phase activities, including 

12 planning, feasibility analysis, revenue forecasting, 

13 environmental review, preliminary engineering and 

14 design work, and other preconstruction activities; 

15 ‘‘(2) construction, reconstruction, rehabilitation, 

16 acquisition of real property (including land related 

17 to the project and improvements to the land), envi18 ronmental mitigation, construction contingencies, ac19 quisition of equipment, and operational improve20 ments directly related to improving system perform21 ance; and 

22 ‘‘(3) expenses related to the protection (as de23 scribed in section 133(b)(10)) of a bridge, including 

24 seismic or scour protection. 


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1 ‘‘(i) TIFIA PROGRAM.—On the request of an eligible 

2 entity carrying out an eligible project, the Secretary may 

3 use amounts awarded to the entity to pay subsidy and ad4 ministrative costs necessary to provide to the entity Fed5 eral credit assistance under chapter 6 with respect to the 

6 eligible project for which the grant was awarded. 

7 ‘‘(j) MULTIYEAR GRANT AGREEMENTS FOR LARGE

8 PROJECTS.— 

9 ‘‘(1) IN GENERAL.—A large project that re10 ceives a grant under the program in an amount of 

11 not less than $100,000,000 may be carried out 

12 through a multiyear grant agreement in accordance 

13 with this subsection. 

14 ‘‘(2) REQUIREMENTS.—A multiyear grant 

15 agreement for a large project described in paragraph 

16 (1) shall— 

17 ‘‘(A) establish the terms of participation by 

18 the Federal Government in the project; 

19 ‘‘(B) establish the maximum amount of 

20 Federal financial assistance for the project in 

21 accordance with paragraphs (3) and (4) of sub22 section (c); 

23 ‘‘(C) establish a payout schedule for the 

24 project that provides for disbursement of the 

25 full grant amount by not later than 4 fiscal 


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1 years after the fiscal year in which the initial 

2 amount is provided; 

3 ‘‘(D) determine the period of time for com4 pleting the project, even if that period extends 

5 beyond the period of an authorization; and 

6 ‘‘(E) attempt to improve timely and effi7 cient management of the project, consistent 

8 with all applicable Federal laws (including regu9 lations). 

10 ‘‘(3) SPECIAL FINANCIAL RULES.— 

11 ‘‘(A) IN GENERAL.—A multiyear grant 

12 agreement under this subsection— 

13 ‘‘(i) shall obligate an amount of avail14 able budget authority specified in law; and 

15 ‘‘(ii) may include a commitment, con16 tingent on amounts to be specified in law 

17 in advance for commitments under this 

18 paragraph, to obligate an additional 

19 amount from future available budget au20 thority specified in law. 

21 ‘‘(B) STATEMENT OF CONTINGENT COM22 MITMENT.—The agreement shall state that the 

23 contingent commitment is not an obligation of 

24 the Federal Government. 


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1 ‘‘(C) INTEREST AND OTHER FINANCING

2 COSTS.— 

3 ‘‘(i) IN GENERAL.—Interest and other 

4 financing costs of carrying out a part of 

5 the project within a reasonable time shall 

6 be considered a cost of carrying out the 

7 project under a multiyear grant agreement, 

8 except that eligible costs may not be more 

9 than the cost of the most favorable financ10 ing terms reasonably available for the 

11 project at the time of borrowing. 

12 ‘‘(ii) CERTIFICATION.—The applicant 

13 shall certify to the Secretary that the ap14 plicant has shown reasonable diligence in 

15 seeking the most favorable financing 

16 terms. 

17 ‘‘(4) ADVANCE PAYMENT.—Notwithstanding 

18 any other provision of law, an eligible entity carrying 

19 out a large project under a multiyear grant agree20 ment— 

21 ‘‘(A) may use funds made available to the 

22 eligible entity under this title for eligible project 

23 costs of the large project until the amount spec24 ified in the multiyear grant agreement for the 


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1 project for that fiscal year becomes available for 

2 obligation; and 

3 ‘‘(B) if the eligible entity uses funds as de4 scribed in subparagraph (A), the funds used 

5 shall be reimbursed from the amount made 

6 available under the multiyear grant agreement 

7 for the project. 

8 ‘‘(k) UNDERTAKING PARTS OF PROJECTS IN AD9 VANCE UNDER LETTERS OF NO PREJUDICE.— 

10 ‘‘(1) IN GENERAL.—The Secretary may pay to 

11 an applicant all eligible project costs under the pro12 gram, including costs for an activity for an eligible 

13 project incurred prior to the date on which the 

14 project receives funding under the program if— 

15 ‘‘(A) before the applicant carries out the 

16 activity, the Secretary approves through a letter 

17 to the applicant the activity in the same man18 ner as the Secretary approves other activities as 

19 eligible under the program; 

20 ‘‘(B) a record of decision, a finding of no 

21 significant impact, or a categorical exclusion 

22 under the National Environmental Policy Act of 

23 1969 (42 U.S.C. 4321 et seq.) has been issued 

24 for the eligible project; and 


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1 ‘‘(C) the activity is carried out without 

2 Federal assistance and in accordance with all 

3 applicable procedures and requirements. 

4 ‘‘(2) INTEREST AND OTHER FINANCING

5 COSTS.— 

6 ‘‘(A) IN GENERAL.—For purposes of para7 graph (1), the cost of carrying out an activity 

8 for an eligible project includes the amount of 

9 interest and other financing costs, including 

10 any interest earned and payable on bonds, to 

11 the extent interest and other financing costs are 

12 expended in carrying out the activity for the eli13 gible project, except that interest and other fi14 nancing costs may not be more than the cost of 

15 the most favorable financing terms reasonably 

16 available for the eligible project at the time of 

17 borrowing. 

18 ‘‘(B) CERTIFICATION.—The applicant shall 

19 certify to the Secretary that the applicant has 

20 shown reasonable diligence in seeking the most 

21 favorable financing terms under subparagraph 

22 (A). 

23 ‘‘(3) NO OBLIGATION OR INFLUENCE ON REC24 OMMENDATIONS.—An approval by the Secretary 

25 under paragraph (1)(A) shall not— 


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1 ‘‘(A) constitute an obligation of the Fed2 eral Government; or 

3 ‘‘(B) alter or influence any evaluation 

4 under subsection (f)(3)(A)(i) or (g)(4) or any 

5 recommendation by the Secretary for funding 

6 under the program. 

7 ‘‘(l) FEDERALLY OWNED BRIDGES.— 

8 ‘‘(1) DIVESTITURE CONSIDERATION.—In the 

9 case of a bridge owned by a Federal land manage10 ment agency for which that agency applies for a 

11 grant under the program, the agency— 

12 ‘‘(A) shall consider options to divest the 

13 bridge to a State or local entity after comple14 tion of the project; and 

15 ‘‘(B) may apply jointly with the State or 

16 local entity to which the bridge may be divested. 

17 ‘‘(2) TREATMENT.—Notwithstanding any other 

18 provision of law, section 129 shall apply to a bridge 

19 that was previously owned by a Federal land man20 agement agency and has been transferred to a non21 Federal entity under paragraph (1) in the same 

22 manner as if the bridge was never federally owned. 

23 ‘‘(m) CONGRESSIONAL NOTIFICATION.—Not later 

24 than 30 days before making a grant for an eligible project 

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1 mittee on Transportation and Infrastructure of the House 

2 of Representatives and the Committee on Environment 

3 and Public Works of the Senate a written notification of 

4 the proposed grant that includes— 

5 ‘‘(1) an evaluation and justification for the eli6 gible project; and 

7 ‘‘(2) the amount of the proposed grant. 

8 ‘‘(n) REPORTS.— 

9 ‘‘(1) ANNUAL REPORT.—Not later than August 

10 1 of each fiscal year, the Secretary shall make avail11 able on the website of the Department of Transpor12 tation an annual report that lists each eligible 

13 project for which a grant has been provided under 

14 the program during the fiscal year. 

15 ‘‘(2) GAO ASSESSMENT AND REPORT.—Not 

16 later than 3 years after the date of enactment of the 

17 America’s Transportation Infrastructure Act of 

18 2019, the Comptroller General of the United States 

19 shall— 

20 ‘‘(A) conduct an assessment of the admin21 istrative establishment, solicitation, selection, 

22 and justification process with respect to the 

23 funding of grants under the program; and 

24 ‘‘(B) submit to the Committee on Trans25 portation and Infrastructure of the House of 


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1 Representatives and the Committee on Environ2 ment and Public Works of the Senate a report 

3 that describes— 

4 ‘‘(i) the adequacy and fairness of the 

5 process under which each eligible project 

6 that received a grant under the program 

7 was selected; and 

8 ‘‘(ii) the justification and criteria used 

9 for the selection of each eligible project. 

10 ‘‘(o) LIMITATION.— 

11 ‘‘(1) LARGE PROJECTS.—Of the amounts made 

12 available out of the Highway Trust Fund (other 

13 than the Mass Transit Account) to carry out this 

14 section for each of fiscal years 2021 through 2025, 

15 not less than 50 percent, in aggregate, shall be used 

16 for large projects. 

17 ‘‘(2) UNUTILIZED AMOUNTS.—If, in fiscal year 

18 2025, the Secretary determines that grants under 

19 the program will not allow for the requirement under 

20 paragraph (1) to be met, the Secretary shall use the 

21 unutilized amounts to make other grants under the 

22 program during that fiscal year.’’. 

23 (b) CLERICAL AMENDMENT.—The analysis for chap24 ter 1 of title 23, United States Code, is amended by insert25 ing after the item relating to section 123 the following: 

‘‘124. Bridge investment program.’’. 


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1 SEC. 1120. SAFE ROUTES TO SCHOOL PROGRAM. 

2 Section 1404 of SAFETEA–LU (23 U.S.C. 402 note; 

3 Public Law 109–59) is amended— 

4 (1) in subsection (a), by striking ‘‘primary and 

5 middle’’ and inserting ‘‘primary, middle, and high’’; 

6 and 

7 (2) in subsection (k)(2)— 

8 (A) in the heading, by striking ‘‘PRIMARY

9 AND MIDDLE’’ and inserting ‘‘PRIMARY, MID10 DLE, AND HIGH’’; 

11 (B) by striking ‘‘primary and middle’’ and 

12 inserting ‘‘primary, middle, and high’’; and 

13 (C) by striking ‘‘eighth grade’’ and insert14 ing ‘‘12th grade’’. 

15 SEC. 1121. HIGHWAY USE TAX EVASION PROJECTS. 

16 Section 143(b)(2)(A) of title 23, United States Code, 

17 is amended by striking ‘‘fiscal years 2016 through 2020’’ 

18 and inserting ‘‘fiscal years 2021 through 2025’’. 

19 SEC. 1122. CONSTRUCTION OF FERRY BOATS AND FERRY 

20 TERMINAL FACILITIES. 

21 Section 147 of title 23, United States Code, is 

22 amended by striking subsection (h) and inserting the fol23 lowing: 

24 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 

25 is authorized to be appropriated out of the Highway Trust 


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1 Fund (other than the Mass Transit Account) to carry out 

2 this section— 

3 ‘‘(1) $86,000,000 for fiscal year 2021; 

4 ‘‘(2) $87,000,000 for fiscal year 2022; 

5 ‘‘(3) $88,000,000 for fiscal year 2023; 

6 ‘‘(4) $89,000,000 for fiscal year 2024; and 

7 ‘‘(5) $90,000,000 for fiscal year 2025.’’. 

8 SEC. 1123. BALANCE EXCHANGES FOR INFRASTRUCTURE 

9 PROGRAM. 

10 (a) IN GENERAL.—Chapter 1 of title 23, United 

11 States Code, is amended by adding at the end the fol12 lowing: 

13 ‘‘§ 171. Balance exchanges for infrastructure program 

14 ‘‘(a) DEFINITIONS.—In this section: 

15 ‘‘(1) ADMINISTRATIVELY ALLOCATED.—The 

16 term ‘administratively allocated’ means the alloca17 tion by the Secretary of budget authority for a 

18 project under the TIFIA program that occurs 

19 when— 

20 ‘‘(A) a potential applicant has been invited 

21 into the creditworthiness phase for a project 

22 under the TIFIA program; or 

23 ‘‘(B) the project is subject to a master 

24 credit agreement (as defined in section 601(a)), 

25 in accordance with section 602(b)(2). 


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1 ‘‘(2) APPALACHIAN STATE.—The term ‘Appa2 lachian State’ means a State that contains 1 or 

3 more counties in the Appalachian region (as defined 

4 in section 14102(a) of title 40). 

5 ‘‘(3) PROGRAM.—The term ‘program’ means 

6 the Balance Exchanges for Infrastructure Program 

7 established under subsection (b). 

8 ‘‘(4) TIFIA CARRYOVER BALANCE.— 

9 ‘‘(A) IN GENERAL.—The term ‘TIFIA car10 ryover balance’ means the amounts made avail11 able for the TIFIA program for previous fiscal 

12 years that are unobligated and have not been 

13 administratively allocated. 

14 ‘‘(B) INCLUSION.—The term ‘TIFIA car15 ryover balance’ includes— 

16 ‘‘(i) the applicable amount of contract 

17 authority for the amounts described in 

18 subparagraph (A); and 

19 ‘‘(ii) the equivalent amount of obliga20 tion limitation for the fiscal year in which 

21 the Secretary makes a transfer under sub22 section (f)(2). 

23 ‘‘(5) TIFIA PROGRAM.—The term ‘TIFIA pro24 gram’ has the meaning given the term in section 

25 601(a). 


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1 ‘‘(b) ESTABLISHMENT.—The Secretary shall estab2 lish a program, to be known as the ‘Balance Exchanges 

3 for Infrastructure Program’, in accordance with this sec4 tion to provide flexibility for the Secretary and States to 

5 improve highway infrastructure. 

6 ‘‘(c) OFFER TO FUND PROJECTS OR EXCHANGE

7 FUNDS.— 

8 ‘‘(1) SOLICITATION.—For each fiscal year for 

9 which an amount is reserved under subsection (f)(1), 

10 the Secretary shall— 

11 ‘‘(A) not later than December 1 of that fis12 cal year— 

13 ‘‘(i) solicit requests from Appalachian 

14 States to return amounts under subsection 

15 (d)(1)(A); and 

16 ‘‘(ii) solicit applications from Appa17 lachian States for grants under subsection 

18 (e); and 

19 ‘‘(B) require that, not later than 60 days 

20 after the date of the solicitations under sub21 paragraph (A), each Appalachian State that 

22 elects to participate in the program shall submit 

23 to the Secretary either— 

24 ‘‘(i) a request that describes the 

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1 quests to return under subsection 

2 (d)(1)(A); or 

3 ‘‘(ii) an application for a grant under 

4 subsection (e). 

5 ‘‘(d) EXCHANGE AGREEMENTS.— 

6 ‘‘(1) IN GENERAL.—The Secretary shall enter 

7 into an agreement with each Appalachian State that 

8 submits a request under subsection (c)(1)(A)(i) 

9 under which— 

10 ‘‘(A) the Appalachian State shall return to 

11 the Secretary all, or at the discretion of the Ap12 palachian State, a portion of, the unobligated 

13 amounts from the Highway Trust Fund (in14 cluding the applicable amount of contract au15 thority and an equal amount of special no-year 

16 obligation limitation associated with that con17 tract authority) apportioned to the Appalachian 

18 State for the Appalachian development highway 

19 system under section 14501 of title 40 (but not 

20 including any amounts made available by an ap21 propriations Act without an initial authoriza22 tion); and 

23 ‘‘(B) the Secretary shall transfer to the 

24 Appalachian State, from amounts transferred to 

25 the program under subsection (f)(2) for that 


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1 fiscal year, an amount (including the applicable 

2 amount of contract authority and an equal 

3 amount of annual obligation limitation) equal to 

4 the amount that the Appalachian State re5 turned under subparagraph (A) that shall be 

6 used to carry out projects described in para7 graph (3). 

8 ‘‘(2) STATE LIMITATION.—The amount of con9 tract authority returned by an Appalachian State 

10 under paragraph (1)(A) may not exceed the amount 

11 of the special no-year obligation limitation available 

12 to the Appalachian State prior to the return of the 

13 special no-year obligation limitation under that para14 graph. 

15 ‘‘(3) ELIGIBLE PROJECTS.— 

16 ‘‘(A) IN GENERAL.—A project eligible to 

17 be carried out using funds transferred to an 

18 Appalachian State under paragraph (1)(B) is a 

19 project described in section 133(b). 

20 ‘‘(B) FEDERAL SHARE.—The Federal 

21 share of the cost of a project carried out using 

22 funds transferred to an Appalachian State 

23 under paragraph (1)(B) shall be up to 100 per24 cent, at the discretion of the Appalachian State. 


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1 ‘‘(C) APPLICATION OF SECTION 133.—Ex2 cept as otherwise provided in this paragraph, 

3 section 133 shall not apply to a project carried 

4 out using funds transferred to an Appalachian 

5 State under paragraph (1)(B). 

6 ‘‘(4) TOTAL LIMITATION.—For each fiscal year, 

7 the total amount exchanged under paragraph (1) 

8 shall not exceed the amount available to be trans9 ferred to the program under subsection (f). 

10 ‘‘(5) AMOUNTS EXCHANGED.—For each fiscal 

11 year, if the total amount requested by all Appa12 lachian States to return under paragraph (1)(A) is 

13 greater than the amount available to be transferred 

14 to the program under subsection (f), the Secretary 

15 shall exchange amounts under paragraph (1) based 

16 on the proportion that— 

17 ‘‘(A) the amount requested to be returned 

18 for the fiscal year by the Appalachian State; 

19 bears to 

20 ‘‘(B) the amount requested to be returned 

21 for the fiscal year by all Appalachian States. 

22 ‘‘(e) APPALACHIAN DEVELOPMENT HIGHWAY SYS23 TEM CORRIDOR GRANTS.— 

24 ‘‘(1) IN GENERAL.—Using amounts returned to 

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1 retary shall provide grants of contract authority, to 

2 remain available until expended, and subject to spe3 cial no-year obligation limitation, on a competitive 

4 basis to Appalachian States for eligible projects de5 scribed in paragraph (2). 

6 ‘‘(2) ELIGIBLE PROJECT.—A project eligible to 

7 be carried out with a grant under this subsection is 

8 a project that is— 

9 ‘‘(A) eligible under section 14501 of title 

10 40 as of the date of enactment of this section; 

11 and 

12 ‘‘(B) reasonably expected to begin con13 struction by not later than 2 years after the 

14 date of obligation of funds provided under this 

15 subsection for the project. 

16 ‘‘(3) APPLICATION.—To be eligible to receive a 

17 grant under this subsection, an Appalachian State 

18 shall submit to the Secretary an application at such 

19 time, in such manner, and containing such informa20 tion as the Secretary may require. 

21 ‘‘(4) FEDERAL SHARE.—The Federal share of 

22 the cost of a project carried out using a grant pro23 vided under this subsection shall be up to 100 per24 cent, at the discretion of the Appalachian State. 


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1 ‘‘(5) LIMITATION.—An Appalachian State that 

2 enters into an agreement to exchange funds under 

3 subsection (d) for any fiscal year shall not be eligible 

4 to receive a grant under this subsection. 

5 ‘‘(f) TRANSFER FROM TIFIA PROGRAM.— 

6 ‘‘(1) IN GENERAL.—On October 1 of each fiscal 

7 year, the Secretary shall reserve, for the purpose of 

8 funding transfers under paragraph (2) until the 

9 transfers are completed, the amount of TIFIA carry10 over balance that exceeds the amount authorized to 

11 carry out the TIFIA program for that fiscal year. 

12 ‘‘(2) TRANSFERS.—For each fiscal year, not 

13 later than 60 days after the date on which the Sec14 retary receives the responses to the solicitations 

15 under subsection (c)(1) or the date on which the full 

16 appropriation for that fiscal year is available, which17 ever is later, the Secretary shall transfer from the 

18 TIFIA program to the program an amount of con19 tract authority and an equal amount of obligation 

20 limitation, to remain available until expended, that is 

21 equal to the lesser of— 

22 ‘‘(A) the total amount requested by all Ap23 palachian States for the fiscal year under sub24 section (c)(1)(B)(i); 


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1 ‘‘(B) the total amount requested by all Ap2 palachian States for grants under subsection 

3 (c)(1)(B)(ii); and 

4 ‘‘(C) the amount reserved under paragraph 

5 (1).’’. 

6 (b) CLERICAL AMENDMENT.—The analysis for chap7 ter 1 of title 23, United States Code, is amended by insert8 ing after the item relating to section 170 the following: 

‘‘171. Balance exchanges for infrastructure program.’’. 

9 SEC. 1124. SAFETY INCENTIVE PROGRAMS. 

10 (a) IN GENERAL.— 

11 (1) FORMULA SAFETY INCENTIVE PROGRAM.— 

12 Chapter 1 of title 23, United States Code (as 

13 amended by section 1123(a)), is amended by adding 

14 at the end the following: 

15 ‘‘§ 172. Formula safety incentive program 

16 ‘‘(a) DEFINITIONS.—In this section: 

17 ‘‘(1) METROPOLITAN PLANNING ORGANIZATION; 

18 URBANIZED AREA.—The terms ‘metropolitan plan19 ning organization’ and ‘urbanized area’ have the 

20 meaning given those terms in section 134(b). 

21 ‘‘(2) TRANSPORTATION MANAGEMENT AREA.— 

22 The term ‘transportation management area’ means 

23 a transportation management area identified or des24 ignated by the Secretary under section 134(k)(1). 


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1 ‘‘(3) VULNERABLE ROAD USER.—The term 

2 ‘vulnerable road user’ means a nonmotorist (as that 

3 term is used in the Fatality Analysis Reporting Sys4 tem of the National Highway Traffic Safety Admin5 istration). 

6 ‘‘(4) VULNERABLE ROAD USER SAFETY FOCUS

7 AREA.—The term ‘vulnerable road user safety focus 

8 area’ means— 

9 ‘‘(A) an urbanized area with combined fa10 tality rate of vulnerable road users that is 

11 greater than 1.5 per 100,000 individuals; or 

12 ‘‘(B) a State in which fatalities of vulner13 able road users combined represents not less 

14 than 15 percent of the total annual crash fatali15 ties in the State. 

16 ‘‘(b) FORMULA FUNDING AWARDS.— 

17 ‘‘(1) IN GENERAL.—For each fiscal year, the 

18 Secretary shall distribute among the States the 

19 amounts made available to carry out this section for 

20 that fiscal year in accordance with paragraph (2). 

21 ‘‘(2) DISTRIBUTION.—The amount for each 

22 State shall be determined by multiplying the total 

23 amount of funding made available to carry out this 

24 section for the applicable fiscal year by the ratio 

25 that— 


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1 ‘‘(A) the total base apportionment for the 

2 State under section 104(c); bears to 

3 ‘‘(B) the total base apportionments for all 

4 States under section 104(c). 

5 ‘‘(c) SAFETY SUPPLEMENTAL.— 

6 ‘‘(1) IN GENERAL.—A State shall use 50 per7 cent of the amount distributed to the State under 

8 subsection (b) for each fiscal year to carry out the 

9 eligible activities under paragraph (2). 

10 ‘‘(2) ELIGIBLE ACTIVITIES.— 

11 ‘‘(A) STATES.—Subject to paragraph 

12 (4)(A), a State shall use the funds under para13 graph (1) for a highway safety improvement 

14 project or strategy included on the State stra15 tegic highway safety plan (as defined in section 

16 148(a)) of the State. 

17 ‘‘(B) MPOS.—Subject to paragraph 

18 (4)(B), a metropolitan planning organization 

19 that is required to obligate funds under sub20 section (e) shall use the funds under paragraph 

21 (1) for a highway safety improvement project 

22 (as defined in section 148(a)). 

23 ‘‘(3) FEDERAL SHARE.—The Federal share of 

24 the cost of a project carried out with funds under 


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1 paragraph (1) shall be determined in accordance 

2 with section 120. 

3 ‘‘(4) LIMITATION ON FLEXIBILITY.— 

4 ‘‘(A) STATES.—Notwithstanding para5 graph (2)(A), a State that is a vulnerable road 

6 user safety focus area shall use the funds under 

7 paragraph (1) for a highway safety improve8 ment project (as defined in section 148(a)) to 

9 improve the safety of vulnerable road users, re10 gardless of whether the project is included on 

11 the State strategic highway safety plan (as de12 fined in section 148(a)) of the State. 

13 ‘‘(B) MPOS.—Notwithstanding paragraph 

14 (2)(B), a metropolitan planning organization 

15 that is required to obligate funds under sub16 section (e) that contains an area designated as 

17 a vulnerable road user safety focus area shall 

18 use the funds under paragraph (1) for a high19 way safety improvement project (as defined in 

20 section 148(a)) to improve the safety of vulner21 able road users. 

22 ‘‘(d) SAFETY PLANNING INCENTIVE.— 

23 ‘‘(1) VULNERABLE ROAD USER SAFETY ASSESS24 MENTS.— 


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1 ‘‘(A) IN GENERAL.—A State may, in con2 sultation with metropolitan planning organiza3 tions within the State, develop and publish a 

4 State vulnerable road user safety assessment 

5 described in subparagraph (B). 

6 ‘‘(B) STATE VULNERABLE ROAD USER

7 SAFETY ASSESSMENT DESCRIBED.—A vulner8 able road user safety assessment referred to in 

9 subparagraph (A) is an assessment of the safe10 ty performance of the State with respect to vul11 nerable road users and the plan of the State, 

12 developed in consultation with the metropolitan 

13 planning organizations within the State, if any, 

14 to improve the safety of vulnerable road users, 

15 which shall— 

16 ‘‘(i) include the approximate location 

17 within the State of each vulnerable road 

18 user fatality during the most recently re19 ported 2-year period of final data from the 

20 Fatality Analysis Reporting System of the 

21 National Highway Traffic Safety Adminis22 tration and the operating speed of the 

23 roadway at that location; 

24 ‘‘(ii) include the corridors within the 

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1 tality has occurred during the most re2 cently reported 2-year period of final data 

3 from the Fatality Analysis Reporting Sys4 tem of the National Highway Traffic Safe5 ty Administration and the operating speeds 

6 of those corridors; 

7 ‘‘(iii) include a list of projects within 

8 the State that primarily address the safety 

9 of vulnerable road users that— 

10 ‘‘(I) have been completed during 

11 the 2 most recent fiscal years prior to 

12 date of the publication of the vulner13 able road user safety assessment, in14 cluding the amount of funding that 

15 has been dedicated to those projects, 

16 described in total amounts and as a 

17 percentage of total capital expendi18 tures; 

19 ‘‘(II) are planned to be completed 

20 during the 2 fiscal years following the 

21 date of the publication of the vulner22 able road user assessment, including 

23 the amount of funding that the State 

24 plans to be dedicated to those 

25 projects, described in total amounts 


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1 and as a percentage of total capital 

2 expenditures; and 

3 ‘‘(III) have the potential to be in4 cluded on the list described in sub5 clause (II) once the permitting and 

6 approval processes for those projects 

7 are complete, including the reason for 

8 the delay in the completion of those 

9 processes, if any; and 

10 ‘‘(iv) be reviewed and certified by the 

11 Secretary to have met the requirements of 

12 this subparagraph. 

13 ‘‘(2) ACCELERATION OF SAFETY PROJECT DE14 LIVERY.—For each project identified by a State 

15 under paragraph (1)(B)(iii)(III), to the maximum 

16 extent practicable, the Secretary, in consultation 

17 with the State, shall use the authority under section 

18 1420 of the FAST Act (23 U.S.C. 101 note; Public 

19 Law 114–94) to accelerate delivery of the project. 

20 ‘‘(3) SAFETY PLAN INCENTIVE.—A State shall 

21 use 50 percent of the amounts made available to the 

22 State under subsection (b) for each fiscal year to 

23 carry out eligible activities under paragraph (4). 

24 ‘‘(4) ELIGIBLE ACTIVITIES.— 


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1 ‘‘(A) IN GENERAL.—A State and any met2 ropolitan planning organization in the State 

3 that is required to obligate funds under sub4 section (e) may use funds under paragraph (3) 

5 for a project or strategy described in subsection 

6 (b)(2). 

7 ‘‘(B) ADDITIONAL ELIGIBILITY INCEN8 TIVE.—In addition to the eligible activities 

9 under subparagraph (A), a State and any met10 ropolitan planning organization in the State 

11 that is required to obligate funds under sub12 section (e) may use the funds under paragraph 

13 (3) for a project eligible under section 133(b) 

14 if— 

15 ‘‘(i) the State has, within the fiscal 

16 year prior to the fiscal year in which the 

17 Secretary is making the grant or by a 

18 deadline established by the Secretary in 

19 the fiscal year in which the Secretary is 

20 making the grant, conducted and published 

21 a vulnerable road user safety assessment 

22 described in paragraph (1)(B) that has 

23 been approved by the Secretary under 

24 clause (iv) of that paragraph; or 


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1 ‘‘(ii) for a State that has previously 

2 published a vulnerable road user safety as3 sessment described in paragraph (1)(B) 

4 that has been approved by the Secretary 

5 under clause (iv) of that paragraph— 

6 ‘‘(I) the State has, within the fis7 cal year prior to the fiscal year in 

8 which the Secretary is making the 

9 grant or by a deadline established by 

10 the Secretary in the fiscal year in 

11 which the Secretary is making the 

12 grant, updated the estimates de13 scribed in clauses (i) and (ii) of para14 graph (1)(B); and 

15 ‘‘(II) the State and the metro16 politan planning organization have, 

17 within the 4 fiscal years prior to the 

18 fiscal year in which the Secretary is 

19 making the grant or by a deadline es20 tablished by the Secretary in the fiscal 

21 year in which the Secretary is making 

22 the grant, incorporated a vulnerable 

23 road user safety assessment described 

24 in paragraph (1)(B) into— 


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1 ‘‘(aa) a long-range transpor2 tation plan developed by the met3 ropolitan planning organization 

4 under section 134(c), if any; and 

5 ‘‘(bb) the long-range state6 wide transportation plan devel7 oped by the State under section 

8 135(f)(1). 

9 ‘‘(5) FEDERAL SHARE.—The Federal share of 

10 the cost of a project carried out using funds under 

11 paragraph (3)— 

12 ‘‘(A) in the case of a State or metropolitan 

13 planning organization within a State that meets 

14 the requirements under paragraph (4)(B), may 

15 be up to 100 percent, at the discretion of the 

16 State; and 

17 ‘‘(B) in the case of a State or metropolitan 

18 planning organization within a State that is not 

19 described in subparagraph (A), shall be deter20 mined in accordance with section 120. 

21 ‘‘(e) SUBALLOCATION REQUIREMENTS.— 

22 ‘‘(1) IN GENERAL.—For each fiscal year, of the 

23 funds made available to a State under subsections 

24 (c) and (d)— 


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1 ‘‘(A) 65 percent of each amount shall be 

2 obligated, in proportion to their relative shares 

3 of the population of the State— 

4 ‘‘(i) in urbanized areas of the State 

5 with an urbanized area population of over 

6 200,000; and 

7 ‘‘(ii) in other areas of the State; and 

8 ‘‘(B) the remainder may be obligated in 

9 any area of the State. 

10 ‘‘(2) METROPOLITAN AREAS.—Funds attributed 

11 to an urbanized area under paragraph (1)(A)(i) may 

12 be obligated in the metropolitan area established 

13 under section 134 that encompasses the urbanized 

14 area. 

15 ‘‘(3) DISTRIBUTION AMONG URBANIZED AREAS

16 OF OVER 200,000 POPULATION.— 

17 ‘‘(A) IN GENERAL.—Except as provided in 

18 subparagraph (B), the amount that a State is 

19 required to obligate under paragraph (1)(A)(i) 

20 shall be obligated in urbanized areas described 

21 in paragraph (1)(A)(i) based on the relative 

22 population of the areas. 

23 ‘‘(B) OTHER FACTORS.—The State may 

24 obligate the funds described in subparagraph 

25 (A) based on other factors if— 


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1 ‘‘(i) the State and the relevant metro2 politan planning organizations jointly apply 

3 to the Secretary for the permission to base 

4 the obligation on other factors; and 

5 ‘‘(ii) the Secretary grants the request. 

6 ‘‘(4) CONSULTATION IN URBANIZED AREAS.— 

7 Before obligating funds for an activity under sub8 sections (c) or (d) in an urbanized area that is not 

9 a transportation management area, a State shall 

10 consult with any metropolitan planning organization 

11 that represents the urbanized area prior to deter12 mining which activities should be carried out. 

13 ‘‘(5) CONSULTATION IN RURAL AREAS.—Before 

14 obligating funds for an eligible activity under sub15 sections (c) and (d) in a rural area, a State shall 

16 consult with any regional transportation planning 

17 organization or metropolitan planning organization 

18 that represents a rural area of the State prior to de19 termining which activities should be carried out. 

20 ‘‘§ 173. Fatality reduction performance program 

21 ‘‘(a) DEFINITIONS.—In this section: 

22 ‘‘(1) METROPOLITAN PLANNING ORGANIZATION; 

23 URBANIZED AREA.—The terms ‘metropolitan plan24 ning organization’ and ‘urbanized area’ have the 

25 meaning given those terms in section 134(b). 


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1 ‘‘(2) QUALIFYING STATE.—The term ‘qualifying 

2 State’ means a State in which— 

3 ‘‘(A) the average fatality and serious in4 jury rates per 100,000,000 vehicle-miles-trav5 eled within the State during the 3-year period 

6 beginning on January 1 of the fiscal year that 

7 was 3 years prior to the fiscal year in which the 

8 Secretary is making the grant under this sec9 tion has grown more slowly or declined, as com10 pared to the average fatality and serious injury 

11 rates per 100,000,000 vehicle-miles-traveled 

12 within the State during the 3-year period begin13 ning on January 1 of the fiscal year that was 

14 6 years prior to the fiscal year in which the 

15 Secretary is making the grant under this sec16 tion; 

17 ‘‘(B) the average annual number of serious 

18 injuries and fatalities within the State, as meas19 ured on a per capita basis, during the 3-year 

20 period beginning on January 1 of the fiscal 

21 year that was 3 years prior to the fiscal year 

22 in which the Secretary is making the grant 

23 under this section has grown more slowly or de24 clined, as compared to the average annual num25 ber of serious injuries and fatalities within the 


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1 State, as measured on a per capita basis, dur2 ing the 3-year period beginning on January 1 

3 of the fiscal year that was 6 years prior to the 

4 fiscal year in which the Secretary is making the 

5 grant under this section; 

6 ‘‘(C) the average annual number of fatali7 ties within the State, as measured on a per cap8 ita basis, during the 3-year period beginning on 

9 January 1 of the fiscal year that was 3 years 

10 prior to the fiscal year in which the Secretary 

11 is making the grant under this section is less 

than 1 12 ⁄2 of the nationwide average annual per 

13 capita number of fatalities during that period; 

14 or 

15 ‘‘(D)(i) the performance targets set by the 

16 State under subsection (d)(1) of section 150, in 

17 accordance with subsection (c)(4) of that sec18 tion, in the most recently completed perform19 ance cycle prior to the year in which the Sec20 retary is making the funds available under this 

21 section demonstrate a reduction in the number 

22 and rate of serious injuries and fatalities; and 

23 ‘‘(ii) the State has met or exceeded the 

24 performance targets described in clause (i). 


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1 ‘‘(3) QUALIFYING UNIT OF LOCAL GOVERN2 MENT.—The term ‘qualifying unit of local govern3 ment’ means a unit of local government in an urban4 ized area served by a metropolitan planning organi5 zation in which— 

6 ‘‘(A) the average fatality and serious in7 jury rates per 100,000,000 vehicle-miles-trav8 eled within the urbanized area during the 3- 

9 year period beginning on January 1 of the fis10 cal year that was 3 years prior to the fiscal 

11 year in which the Secretary is making the grant 

12 under this section has grown more slowly or de13 clined, as compared to the average fatality and 

14 serious injury rates per 100,000,000 vehicle15 miles-traveled within the urbanized area during 

16 the 3-year period beginning on January 1 of 

17 the fiscal year that was 6 years prior to the fis18 cal year in which the Secretary is making the 

19 grant under this section; 

20 ‘‘(B) the average annual number of serious 

21 injuries and fatalities within the urbanized 

22 area, as measured on a per capita basis, during 

23 the 3-year period beginning on January 1 of 

24 the fiscal year that was 3 years prior to the fis25 cal year in which the Secretary is making the 


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1 grant under this section has grown more slowly 

2 or declined, as compared to the average annual 

3 per capita number of serious injuries and fatali4 ties within the urbanized area during the 3-year 

5 period beginning on January 1 of the fiscal 

6 year that was 6 years prior to the fiscal year 

7 in which the Secretary is making the grant 

8 under this section; 

9 ‘‘(C) the average annual number of fatali10 ties within the urbanized area, as measured on 

11 a per capita basis, during the 3-year period be12 ginning on January 1 of the fiscal year that 

13 was 3 years prior to the fiscal year in which the 

14 Secretary is making the grant under this section is less than 1 15 ⁄2 of the nationwide average 

16 annual per capita number of fatalities during 

17 that period; or 

18 ‘‘(D)(i) the performance targets set for the 

19 urbanized area under section 150(c)(4), in ac20 cordance with section 134(h)(2)(B)(i), in the 

21 most recently completed performance cycle prior 

22 to the year in which the Secretary is making 

23 the grant under this section demonstrate a re24 duction in the number and rate of serious inju25 ries and fatalities; and 


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1 ‘‘(ii) the urbanized area has met or exceed2 ed the performance targets described in clause 

3 (i). 

4 ‘‘(4) SERIOUS INJURIES AND FATALITIES.—The 

5 term ‘serious injuries and fatalities’ means serious 

6 injuries and fatalities, as measured in accordance 

7 with the measures established under section 

8 150(c)(4). 

9 ‘‘(b) FATALITY REDUCTION PERFORMANCE AND

10 PLANNING RECOGNITION AWARDS.— 

11 ‘‘(1) IN GENERAL.—The Secretary shall estab12 lish a competitive grant program to award grants to 

13 eligible entities in recognition of the achievement of 

14 the eligible entity in meeting the performance cat15 egories described in paragraph (3)(A). 

16 ‘‘(2) ELIGIBLE ENTITIES.—The Secretary shall 

17 distribute amounts under paragraph (1) to any of 

18 the following: 

19 ‘‘(A) A qualifying State. 

20 ‘‘(B) A qualifying unit of local government. 

21 ‘‘(3) PERFORMANCE CATEGORIES.— 

22 ‘‘(A) IN GENERAL.—The Secretary shall 

23 select eligible entities to receive a grant under 

24 paragraph (1) to recognize the achievement of 


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1 the eligible entity in meeting any of the fol2 lowing performance categories: 

3 ‘‘(i) Significant progress in reducing 

4 serious injuries and fatalities, as measured 

5 on a per capita basis. 

6 ‘‘(ii) Significant progress in reducing 

7 the rates of serious injuries and fatalities 

8 per vehicle-mile traveled. 

9 ‘‘(iii) Having a per capita number of 

10 serious injuries and fatalities that is 

11 among the lowest of jurisdictions with 

12 comparable population and surface trans13 portation system characteristics. 

14 ‘‘(iv) Having a per vehicle-mile trav15 eled number of serious injuries and fatali16 ties that is among the lowest of jurisdic17 tions with comparable population and sur18 face transportation system characteristics. 

19 ‘‘(v) Innovative safety planning efforts 

20 and implementation of plans leading to 

21 achievement with respect to the reduction 

22 of serious injuries and fatalities. 

23 ‘‘(B) MERIT BASED DISTRIBUTION.—In se24 lecting among eligible entities to receive grants 

25 under paragraph (1) and the amounts of each 


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1 of those grants, the Secretary shall give priority 

2 to eligible entities that have achieved the most 

3 significant levels of reduction in serious injuries 

4 and fatalities, as measured either on a per cap5 ita basis or per-vehicle mile traveled basis. 

6 ‘‘(C) MULTIPLE AWARDS.—The Secretary 

7 may— 

8 ‘‘(i) award a grant under paragraph 

9 (1) to multiple eligible entities for each 

10 performance category described in sub11 paragraph (A); and 

12 ‘‘(ii) recognize achievements in each 

13 performance category described in sub14 paragraph (A)— 

15 ‘‘(I) in urban and rural areas; 

16 and 

17 ‘‘(II) on the State and local level. 

18 ‘‘(D) REPEAT AWARDS.—The Secretary 

19 may not award a grant under this subsection to 

20 the same eligible entity more than once during 

21 a 2-year period. 

22 ‘‘(4) AWARD AMOUNT.—A grant under para23 graph (1) shall be in an amount— 

24 ‘‘(A) not less than $5,000,000; and 

25 ‘‘(B) not more than $30,000,000. 


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1 ‘‘(5) ELIGIBLE USES.—An eligible entity may 

2 use a grant under paragraph (1) for— 

3 ‘‘(A) an activity eligible under this title; or 

4 ‘‘(B) a project— 

5 ‘‘(i) to maintain the condition of a 

6 Federal-aid highway, including routine 

7 maintenance; or 

8 ‘‘(ii) that— 

9 ‘‘(I) responds to a specific condi10 tion or event; and 

11 ‘‘(II) restores a Federal-aid high12 way to a functional state of oper13 ations. 

14 ‘‘(6) APPLICATIONS.—To be eligible to receive a 

15 grant under paragraph (1), an eligible entity shall 

16 submit to the Secretary an application at such time, 

17 in such manner, and containing such information as 

18 the Secretary may require. 

19 ‘‘(7) FEDERAL SHARE.—The Federal share of 

20 the cost of a project carried out using a grant under 

21 paragraph (1) shall be, as determined at the discre22 tion of the grant recipient, up to 100 percent.’’. 

23 (2) CLERICAL AMENDMENT.—The analysis for 

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1 ed by section 1123(b)), is amended by inserting 

2 after the item relating to section 171 the following: 

‘‘172. Formula safety incentive program. 

‘‘173. Fatality reduction performance program.’’. 

3 (b) VULNERABLE ROAD USER RESEARCH PLAN.— 

4 (1) DEFINITIONS.—In this subsection: 

5 (A) ADMINISTRATOR.—The term ‘‘Admin6 istrator’’ means the Secretary of Transpor7 tation, acting through the Administrator of the 

8 Federal Highway Administration. 

9 (B) VULNERABLE ROAD USER.—The term 

10 ‘‘vulnerable road user’’ has the meaning given 

11 the term in section 172(a) of title 23, United 

12 States Code. 

13 (2) ESTABLISHMENT OF RESEARCH PLAN.— 

14 The Administrator shall establish a research plan to 

15 prioritize research on roadway designs, the develop16 ment of safety countermeasures to minimize fatali17 ties and serious injuries to vulnerable road users, 

18 and the promotion of bicycling and walking, includ19 ing research relating to— 

20 (A) roadway safety improvements, includ21 ing traffic calming techniques and vulnerable 

22 road user accommodations appropriate in a sub23 urban arterial context; 


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1 (B) the impacts of traffic speeds, and ac2 cess to low-traffic stress corridors, on safety 

3 and rates of bicycling and walking; 

4 (C) tools to evaluate the impact of trans5 portation improvements on projected rates and 

6 safety of bicycling and walking; and 

7 (D) other research areas to be determined 

8 by the Administrator. 

9 (3) VULNERABLE ROAD USER ASSESSMENTS.— 

10 The Administrator shall— 

11 (A) review each vulnerable road user safety 

12 assessment submitted by a State under section 

13 172(c) of title 23, United States Code, and 

14 other relevant sources of data to determine 

15 what, if any, standard definitions and methods 

16 should be developed through guidance to enable 

17 a State to collect pedestrian injury and fatality 

18 data; and 

19 (B) in the first progress update under 

20 paragraph (4)(B), provide— 

21 (i) the results of the determination de22 scribed in subparagraph (A); and 

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1 porting of data on the safety of vulnerable 

2 road users. 

3 (4) SUBMISSION; PUBLICATION.— 

4 (A) SUBMISSION OF PLAN.—Not later than 

5 180 days after the date of enactment of this 

6 Act, the Administrator shall submit to the Com7 mittee on Environment and Public Works of the 

8 Senate and the Committee on Transportation 

9 and Infrastructure of the House of Representa10 tives the research plan described in paragraph 

11 (2). 

12 (B) PROGRESS UPDATES.—Not later than 

13 2 years after the date of enactment of this Act, 

14 and biannually thereafter, the Administrator 

15 shall submit to the Committees described in 

16 subparagraph (A)— 

17 (i) updates on the progress and find18 ings of the research conducted pursuant to 

19 the plan described in paragraph (2); and 

20 (ii) in the first submission under this 

21 subparagraph, the results and rec22 ommendations described in paragraph 

23 (3)(B). 


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1 SEC. 1125. WILDLIFE CROSSING SAFETY. 

2 (a) DECLARATION OF POLICY.—Section 

3 101(b)(3)(D) of title 23, United States Code, is amended, 

4 in the matter preceding clause (i), by inserting ‘‘resilient,’’ 

5 after ‘‘efficient,’’. 

6 (b) WILDLIFE CROSSINGS PILOT PROGRAM.— 

7 (1) IN GENERAL.—Chapter 1 of title 23, United 

8 States Code (as amended by section 1124(a)(1)), is 

9 amended by adding at the end the following: 

10 ‘‘§ 174. Wildlife crossings pilot program 

11 ‘‘(a) FINDING.—Congress finds that greater adoption 

12 of wildlife-vehicle collision safety countermeasures is in the 

13 public interest because— 

14 ‘‘(1) according to the report of the Federal 

15 Highway Administration entitled ‘Wildlife-Vehicle 

16 Collision Reduction Study’, there are more than 

17 1,000,000 wildlife-vehicle collisions every year; 

18 ‘‘(2) wildlife-vehicle collisions— 

19 ‘‘(A) present a danger to— 

20 ‘‘(i) human safety; and 

21 ‘‘(ii) wildlife survival; and 

22 ‘‘(B) represent a persistent concern that 

23 results in tens of thousands of serious injuries 

24 and hundreds of fatalities on the roadways of 

25 the United States; 


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1 ‘‘(3) the total annual cost associated with wild2 life-vehicle collisions has been estimated to be 

3 $8,388,000,000; and 

4 ‘‘(4) wildlife-vehicle collisions are a major 

5 threat to the survival of species, including birds, rep6 tiles, mammals, and amphibians. 

7 ‘‘(b) ESTABLISHMENT.—The Secretary shall estab8 lish a competitive wildlife crossings pilot program (re9 ferred to in this section as the ‘pilot program’) to provide 

10 grants for projects that seek to achieve— 

11 ‘‘(1) a reduction in the number of wildlife-vehi12 cle collisions; and 

13 ‘‘(2) in carrying out the purpose described in 

14 paragraph (1), improved habitat connectivity for ter15 restrial and aquatic species. 

16 ‘‘(c) ELIGIBLE ENTITIES.—An entity eligible to apply 

17 for a grant under the pilot program is— 

18 ‘‘(1) a State highway agency, or an equivalent 

19 of that agency; 

20 ‘‘(2) a metropolitan planning organization (as 

21 defined in section 134(b)); 

22 ‘‘(3) a unit of local government; 

23 ‘‘(4) a regional transportation authority; 


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1 ‘‘(5) a special purpose district or public author2 ity with a transportation function, including a port 

3 authority; 

4 ‘‘(6) an Indian tribe (as defined in section 

5 207(m)(1)), including a Native village and a Native 

6 Corporation (as those terms are defined in section 3 

7 of the Alaska Native Claims Settlement Act (43 

8 U.S.C. 1602)); 

9 ‘‘(7) a Federal land management agency; or 

10 ‘‘(8) a group of any of the entities described in 

11 paragraphs (1) through (7). 

12 ‘‘(d) APPLICATIONS.— 

13 ‘‘(1) IN GENERAL.—To be eligible to receive a 

14 grant under the pilot program, an eligible entity 

15 shall submit to the Secretary an application at such 

16 time, in such manner, and containing such informa17 tion as the Secretary may require. 

18 ‘‘(2) REQUIREMENT.—If an application under 

19 paragraph (1) is submitted by an eligible entity 

20 other than an eligible entity described in paragraph 

21 (1) or (7) of subsection (c), the application shall in22 clude documentation that the State highway agency, 

23 or an equivalent of that agency, of the State in 

24 which the eligible entity is located was consulted 

25 during the development of the application. 


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1 ‘‘(3) GUIDANCE.—To enhance consideration of 

2 current and reliable data, eligible entities may obtain 

3 guidance from an agency in the State with jurisdic4 tion over fish and wildlife. 

5 ‘‘(e) CONSIDERATIONS.—In selecting grant recipients 

6 under the pilot program, the Secretary shall take into con7 sideration the following: 

8 ‘‘(1) Primarily, the extent to which the pro9 posed project of an eligible entity is likely to protect 

10 motorists and wildlife by reducing the number of 

11 wildlife-vehicle collisions and improve habitat 

12 connectivity for terrestrial and aquatic species. 

13 ‘‘(2) Secondarily, the extent to which the pro14 posed project of an eligible entity is likely to accom15 plish the following: 

16 ‘‘(A) Leveraging Federal investment by en17 couraging non-Federal contributions to the 

18 project, including projects from public-private 

19 partnerships. 

20 ‘‘(B) Supporting local economic develop21 ment and improvement of visitation opportuni22 ties. 

23 ‘‘(C) Incorporation of innovative tech24 nologies, including advanced design techniques 

25 and other strategies to enhance efficiency and 


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1 effectiveness in reducing wildlife-vehicle colli2 sions and improving habitat connectivity for 

3 terrestrial and aquatic species. 

4 ‘‘(D) Provision of educational and outreach 

5 opportunities. 

6 ‘‘(E) Monitoring and research to evaluate, 

7 compare effectiveness of, and identify best prac8 tices in, selected projects. 

9 ‘‘(F) Any other criteria relevant to reduc10 ing the number of wildlife-vehicle collisions and 

11 improving habitat connectivity for terrestrial 

12 and aquatic species, as the Secretary deter13 mines to be appropriate, subject to the condi14 tion that the implementation of the pilot pro15 gram shall not be delayed in the absence of ac16 tion by the Secretary to identify additional cri17 teria under this subparagraph. 

18 ‘‘(f) USE OF FUNDS.— 

19 ‘‘(1) IN GENERAL.—The Secretary shall ensure 

20 that a grant received under the pilot program is 

21 used for a project to reduce wildlife-vehicle collisions. 

22 ‘‘(2) GRANT ADMINISTRATION.— 

23 ‘‘(A) IN GENERAL.—A grant received 

24 under the pilot program shall be administered 

25 by— 


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1 ‘‘(i) in the case of a grant to a Fed2 eral land management agency or an Indian 

3 tribe (as defined in section 207(m)(1)), in4 cluding a Native village and a Native Cor5 poration (as those terms are defined in 

6 section 3 of the Alaska Native Claims Set7 tlement Act (43 U.S.C. 1602)), the Fed8 eral Highway Administration, through an 

9 agreement; and 

10 ‘‘(ii) in the case of a grant to an eligi11 ble entity other than an eligible entity de12 scribed in clause (i), the State highway 

13 agency, or an equivalent of that agency, 

14 for the State in which the project is to be 

15 carried out. 

16 ‘‘(B) PARTNERSHIPS.— 

17 ‘‘(i) IN GENERAL.—A grant received 

18 under the pilot program may be used to 

19 provide funds to eligible partners of the 

20 project for which the grant was received 

21 described in clause (ii), in accordance with 

22 the terms of the project agreement. 

23 ‘‘(ii) ELIGIBLE PARTNERS DE24 SCRIBED.—The eligible partners referred 

25 to in clause (i) include— 


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1 ‘‘(I) a metropolitan planning or2 ganization (as defined in section 

3 134(b)); 

4 ‘‘(II) a unit of local government; 

5 ‘‘(III) a regional transportation 

6 authority; 

7 ‘‘(IV) a special purpose district 

8 or public authority with a transpor9 tation function, including a port au10 thority; 

11 ‘‘(V) an Indian tribe (as defined 

12 in section 207(m)(1)), including a Na13 tive village and a Native Corporation 

14 (as those terms are defined in section 

15 3 of the Alaska Native Claims Settle16 ment Act (43 U.S.C. 1602)); 

17 ‘‘(VI) a Federal land manage18 ment agency; 

19 ‘‘(VII) a foundation, nongovern20 mental organization, or institution of 

21 higher education; 

22 ‘‘(VIII) a Federal, Tribal, re23 gional, or State government entity; 

24 and 


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1 ‘‘(IX) a group of any of the enti2 ties described in subclauses (I) 

3 through (VIII). 

4 ‘‘(3) COMPLIANCE.—An eligible entity that re5 ceives a grant under the pilot program and enters 

6 into a partnership described in paragraph (2) shall 

7 establish measures to verify that an eligible partner 

8 that receives funds from the grant complies with the 

9 conditions of the pilot program in using those funds. 

10 ‘‘(g) REQUIREMENT.—The Secretary shall ensure 

11 that not less than 60 percent of the amounts made avail12 able for grants under the pilot program each fiscal year 

13 are for projects located in rural areas. 

14 ‘‘(h) ANNUAL REPORT TO CONGRESS.— 

15 ‘‘(1) IN GENERAL.—Not later than December 

16 31 of each calendar year, the Secretary shall submit 

17 to Congress, and make publicly available, a report 

18 describing the activities under the pilot program for 

19 the fiscal year that ends during that calendar year. 

20 ‘‘(2) CONTENTS.—The report under paragraph 

21 (1) shall include— 

22 ‘‘(A) a detailed description of the activities 

23 carried out under the pilot program; 


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1 ‘‘(B) an evaluation of the effectiveness of 

2 the pilot program in meeting the purposes de3 scribed in subsection (b); and 

4 ‘‘(C) policy recommendations to improve 

5 the effectiveness of the pilot program.’’. 

6 (2) CLERICAL AMENDMENT.—The analysis for 

7 chapter 1 of title 23, United States Code (as amend8 ed by section 1124(a)(2)), is amended by inserting 

9 after the item relating to section 173 the following: 

‘‘174. Wildlife crossings pilot program.’’. 

10 (c) WILDLIFE VEHICLE COLLISION REDUCTION AND

11 HABITAT CONNECTIVITY IMPROVEMENT.— 

12 (1) IN GENERAL.—Chapter 1 of title 23, United 

13 States Code (as amended by subsection (b)(1)), is 

14 amended by adding at the end the following: 

15 ‘‘§ 175. Wildlife-vehicle collision reduction and habi16 tat connectivity improvement 

17 ‘‘(a) STUDY.— 

18 ‘‘(1) IN GENERAL.—The Secretary shall con19 duct a study (referred to in this subsection as the 

20 ‘study’) of the state, as of the date of the study, of 

21 the practice of methods to reduce collisions between 

22 motorists and wildlife (referred to in this section as 

23 ‘wildlife-vehicle collisions’). 

24 ‘‘(2) CONTENTS.— 


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1 ‘‘(A) AREAS OF STUDY.—The study 

2 shall— 

3 ‘‘(i) update and expand on, as appro4 priate— 

5 ‘‘(I) the report entitled ‘Wildlife 

6 Vehicle Collision Reduction Study: 

7 2008 Report to Congress’; and 

8 ‘‘(II) the document entitled 

9 ‘Wildlife Vehicle Collision Reduction 

10 Study: Best Practices Manual’ and 

11 dated October 2008; and 

12 ‘‘(ii) include— 

13 ‘‘(I) an assessment, as of the 

14 date of the study, of— 

15 ‘‘(aa) the causes of wildlife16 vehicle collisions; 

17 ‘‘(bb) the impact of wildlife18 vehicle collisions on motorists 

19 and wildlife; and 

20 ‘‘(cc) the impacts of roads 

21 and traffic on habitat 

22 connectivity for terrestrial and 

23 aquatic species; and 

24 ‘‘(II) solutions and best practices 

25 for— 


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1 ‘‘(aa) reducing wildlife-vehi2 cle collisions; and 

3 ‘‘(bb) improving habitat 

4 connectivity for terrestrial and 

5 aquatic species. 

6 ‘‘(B) METHODS.—In carrying out the 

7 study, the Secretary shall— 

8 ‘‘(i) conduct a thorough review of re9 search and data relating to— 

10 ‘‘(I) wildlife-vehicle collisions; and 

11 ‘‘(II) habitat fragmentation that 

12 results from transportation infrastruc13 ture; 

14 ‘‘(ii) survey current practices of the 

15 Department of Transportation and State 

16 departments of transportation to reduce 

17 wildlife-vehicle collisions; and 

18 ‘‘(iii) consult with— 

19 ‘‘(I) appropriate experts in the 

20 field of wildlife-vehicle collisions; and 

21 ‘‘(II) appropriate experts on the 

22 effects of roads and traffic on habitat 

23 connectivity for terrestrial and aquatic 

24 species. 

25 ‘‘(3) REPORT.— 


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1 ‘‘(A) IN GENERAL.—Not later than 18 

2 months after the date of enactment of the 

3 America’s Transportation Infrastructure Act of 

4 2019, the Secretary shall submit to Congress a 

5 report on the results of the study. 

6 ‘‘(B) CONTENTS.—The report under sub7 paragraph (A) shall include— 

8 ‘‘(i) a description of— 

9 ‘‘(I) the causes of wildlife-vehicle 

10 collisions; 

11 ‘‘(II) the impacts of wildlife-vehi12 cle collisions; and 

13 ‘‘(III) the impacts of roads and 

14 traffic on— 

15 ‘‘(aa) species listed as 

16 threatened species or endangered 

17 species under the Endangered 

18 Species Act of 1973 (16 U.S.C. 

19 1531 et seq.); 

20 ‘‘(bb) species identified by 

21 States as species of greatest con22 servation need; 

23 ‘‘(cc) species identified in 

24 State wildlife plans; and 


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1 ‘‘(dd) medium and small ter2 restrial and aquatic species; 

3 ‘‘(ii) an economic evaluation of the 

4 costs and benefits of installing highway in5 frastructure and other measures to miti6 gate damage to terrestrial and aquatic spe7 cies, including the effect on jobs, property 

8 values, and economic growth to society, ad9 jacent communities, and landowners; 

10 ‘‘(iii) recommendations for preventing 

11 wildlife-vehicle collisions, including rec12 ommended best practices, funding re13 sources, or other recommendations for ad14 dressing wildlife-vehicle collisions; and 

15 ‘‘(iv) guidance, developed in consulta16 tion with Federal land management agen17 cies and State departments of transpor18 tation, State fish and wildlife agencies, and 

19 Tribal governments that agree to partici20 pate, for developing, for each State that 

21 agrees to participate, a voluntary joint 

22 statewide transportation and wildlife action 

23 plan— 

24 ‘‘(I) to address wildlife-vehicle 

25 collisions; and 


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1 ‘‘(II) to improve habitat 

2 connectivity for terrestrial and aquatic 

3 species. 

4 ‘‘(b) WORKFORCE DEVELOPMENT AND TECHNICAL

5 TRAINING.— 

6 ‘‘(1) IN GENERAL.—Not later than 3 years 

7 after the date of enactment of the America’s Trans8 portation Infrastructure Act of 2019, the Secretary 

9 shall, based on the study conducted under subsection 

10 (a), develop a series of in-person and online work11 force development and technical training courses— 

12 ‘‘(A) to reduce wildlife-vehicle collisions; 

13 and 

14 ‘‘(B) to improve habitat connectivity for 

15 terrestrial and aquatic species. 

16 ‘‘(2) AVAILABILITY.—The Secretary shall— 

17 ‘‘(A) make the series of courses developed 

18 under paragraph (1) available for transpor19 tation and fish and wildlife professionals; and 

20 ‘‘(B) update the series of courses not less 

21 frequently than once every 2 years. 

22 ‘‘(c) STANDARDIZATION OF WILDLIFE COLLISION

23 AND CARCASS DATA.— 

24 ‘‘(1) STANDARDIZED METHODOLOGY.— 


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1 ‘‘(A) IN GENERAL.—The Secretary, acting 

2 through the Administrator of the Federal High3 way Administration (referred to in this sub4 section as the ‘Secretary’), shall develop a qual5 ity standardized methodology for collecting and 

6 reporting spatially accurate wildlife collision 

7 and carcass data for the National Highway Sys8 tem, considering the practicability of the meth9 odology with respect to technology and cost. 

10 ‘‘(B) METHODOLOGY.—In developing the 

11 standardized methodology under subparagraph 

12 (A), the Secretary shall— 

13 ‘‘(i) survey existing methodologies and 

14 sources of data collection, including the 

15 Fatality Analysis Reporting System, the 

16 General Estimates System of the National 

17 Automotive Sampling System, and the 

18 Highway Safety Information System; and 

19 ‘‘(ii) to the extent practicable, identify 

20 and correct limitations of those existing 

21 methodologies and sources of data collec22 tion. 

23 ‘‘(C) CONSULTATION.—In developing the 

24 standardized methodology under subparagraph 

25 (A), the Secretary shall consult with— 


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1 ‘‘(i) the Secretary of the Interior; 

2 ‘‘(ii) the Secretary of Agriculture, act3 ing through the Chief of the Forest Serv4 ice; 

5 ‘‘(iii) Tribal, State, and local trans6 portation and wildlife authorities; 

7 ‘‘(iv) metropolitan planning organiza8 tions (as defined in section 134(b)); 

9 ‘‘(v) members of the American Asso10 ciation of State Highway Transportation 

11 Officials; 

12 ‘‘(vi) members of the Association of 

13 Fish and Wildlife Agencies; 

14 ‘‘(vii) experts in the field of wildlife15 vehicle collisions; 

16 ‘‘(viii) nongovernmental organizations; 

17 and 

18 ‘‘(ix) other interested stakeholders, as 

19 appropriate. 

20 ‘‘(2) STANDARDIZED NATIONAL DATA SYSTEM

21 WITH VOLUNTARY TEMPLATE IMPLEMENTATION.— 

22 The Secretary shall— 

23 ‘‘(A) develop a template for State imple24 mentation of a standardized national wildlife 

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1 tional Highway System that is based on the 

2 standardized methodology developed under 

3 paragraph (1); and 

4 ‘‘(B) encourage the voluntary implementa5 tion of the template developed under subpara6 graph (A). 

7 ‘‘(3) REPORTS.— 

8 ‘‘(A) METHODOLOGY.—The Secretary shall 

9 submit to Congress a report describing the 

10 standardized methodology developed under 

11 paragraph (1) not later than the later of— 

12 ‘‘(i) the date that is 18 months after 

13 the date of enactment of the America’s 

14 Transportation Infrastructure Act of 2019; 

15 and 

16 ‘‘(ii) the date that is 180 days after 

17 the date on which the Secretary completes 

18 the development of the standardized meth19 odology. 

20 ‘‘(B) IMPLEMENTATION.—Not later than 4 

21 years after the date of enactment of the Amer22 ica’s Transportation Infrastructure Act of 

23 2019, the Secretary shall submit to Congress a 

24 report describing— 


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1 ‘‘(i) the status of the voluntary imple2 mentation of the standardized methodology 

3 developed under paragraph (1) and the 

4 template developed under paragraph 

5 (2)(A); 

6 ‘‘(ii) whether the implementation of 

7 the standardized methodology developed 

8 under paragraph (1) and the template de9 veloped under paragraph (2)(A) has im10 pacted efforts by States, units of local gov11 ernment, and other entities— 

12 ‘‘(I) to reduce the number of 

13 wildlife-vehicle collisions; and 

14 ‘‘(II) to improve habitat 

15 connectivity; 

16 ‘‘(iii) the degree of the impact de17 scribed in clause (ii); and 

18 ‘‘(iv) the recommendations of the Sec19 retary, including recommendations for fur20 ther study aimed at reducing motorist col21 lisions involving wildlife and improving 

22 habitat connectivity for terrestrial and 

23 aquatic species on the National Highway 

24 System, if any. 


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1 ‘‘(d) NATIONAL THRESHOLD GUIDANCE.—The Sec2 retary shall— 

3 ‘‘(1) establish guidance, to be carried out by 

4 States on a voluntary basis, that contains a thresh5 old for determining whether a highway shall be eval6 uated for potential mitigation measures to reduce 

7 wildlife-vehicle collisions and increase habitat 

8 connectivity for terrestrial and aquatic species, tak9 ing into consideration— 

10 ‘‘(A) the number of wildlife-vehicle colli11 sions on the highway that pose a human safety 

12 risk; 

13 ‘‘(B) highway-related mortality and the ef14 fects of traffic on the highway on— 

15 ‘‘(i) species listed as endangered spe16 cies or threatened species under the En17 dangered Species Act of 1973 (16 U.S.C. 

18 1531 et seq.); 

19 ‘‘(ii) species identified by a State as 

20 species of greatest conservation need; 

21 ‘‘(iii) species identified in State wild22 life plans; and 

23 ‘‘(iv) medium and small terrestrial 

24 and aquatic species; and 


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1 ‘‘(C) habitat connectivity values for terres2 trial and aquatic species and the barrier effect 

3 of the highway on the movements and migra4 tions of those species.’’. 

5 (2) CLERICAL AMENDMENT.—The analysis for 

6 chapter 1 of title 23, United States Code (as amend7 ed by subsection (b)(2)), is amended by inserting 

8 after the item relating to section 174 the following: 

‘‘175. Wildlife-vehicle collision reduction and habitat connectivity improvement.’’. 

9 (d) WILDLIFE CROSSINGS STANDARDS.—Section 

10 109(c)(2) of title 23, United States Code, is amended— 

11 (1) in subparagraph (E), by striking ‘‘and’’ at 

12 the end; 

13 (2) by redesignating subparagraph (F) as sub14 paragraph (G); and 

15 (3) by inserting after subparagraph (E) the fol16 lowing: 

17 ‘‘(F) the publication of the Federal High18 way Administration entitled ‘Wildlife Crossing 

19 Structure Handbook: Design and Evaluation in 

20 North America’ and dated March 2011; and’’. 

21 (e) WILDLIFE HABITAT CONNECTIVITY AND NA22 TIONAL BRIDGE AND TUNNEL INVENTORY AND INSPEC23 TION STANDARDS.—Section 144 of title 23, United States 

24 Code, is amended— 

25 (1) in subsection (a)(2)— 


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1 (A) in subparagraph (B), by inserting ‘‘, 

2 resilience,’’ after ‘‘safety’’; 

3 (B) in subparagraph (D), by striking 

4 ‘‘and’’ at the end; 

5 (C) in subparagraph (E), by striking the 

6 period at the end and inserting ‘‘; and’’; and 

7 (D) by adding at the end the following: 

8 ‘‘(F) to ensure adequate passage of aquatic 

9 and terrestrial species, where appropriate.’’; 

10 (2) in subsection (b)— 

11 (A) in paragraph (4), by striking ‘‘and’’ at 

12 the end; 

13 (B) in paragraph (5), by striking the pe14 riod at the end and inserting ‘‘; and’’; and 

15 (C) by adding at the end the following: 

16 ‘‘(6) determine if the replacement or rehabilita17 tion of bridges and tunnels should include measures 

18 to enable safe and unimpeded movement for terres19 trial and aquatic species.’’; and 

20 (3) in subsection (i), by adding at the end the 

21 following: 

22 ‘‘(3) REQUIREMENT.—The first revision under 

23 paragraph (2) after the date of enactment of the 

24 America’s Transportation Infrastructure Act of 

25 2019 shall include techniques to assess passage of 


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1 aquatic and terrestrial species and habitat restora2 tion potential.’’. 

3 SEC. 1126. CONSOLIDATION OF PROGRAMS. 

4 Section 1519(a) of MAP–21 (Public Law 112–141; 

5 126 Stat. 574; 129 Stat. 1423) is amended, in the matter 

6 preceding paragraph (1), by striking ‘‘fiscal years 2016 

7 through 2020’’ and inserting ‘‘fiscal years 2021 through 

8 2025’’. 

9 SEC. 1127. STATE FREIGHT ADVISORY COMMITTEES. 

10 Section 70201 of title 49, United States Code, is 

11 amended— 

12 (1) in subsection (a), by striking ‘‘representa13 tives of ports, freight railroads,’’ and all that follows 

14 through the period at the end and inserting the fol15 lowing: ‘‘representatives of— 

16 ‘‘(1) ports; 

17 ‘‘(2) freight railroads; 

18 ‘‘(3) shippers; 

19 ‘‘(4) carriers; 

20 ‘‘(5) freight-related associations; 

21 ‘‘(6) third-party logistics providers; 

22 ‘‘(7) the freight industry workforce; 

23 ‘‘(8) the transportation department of the 

24 State; 

25 ‘‘(9) metropolitan planning organizations; 


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1 ‘‘(10) local governments; 

2 ‘‘(11) the environmental protection department 

3 of the State, if applicable; 

4 ‘‘(12) the air resources board of the State, if 

5 applicable; and 

6 ‘‘(13) economic development agencies of the 

7 State.’’; 

8 (2) in subsection (b)(5), by striking ‘‘70202.’’ 

9 and inserting ‘‘70202, including by providing advice 

10 regarding the development of the freight investment 

11 plan; and’’; 

12 (3) by redesignating subsection (b) as sub13 section (c); and 

14 (4) by inserting after subsection (a) the fol15 lowing: 

16 ‘‘(b) QUALIFICATIONS.—Each member of a freight 

17 advisory committee established under subsection (a) shall 

18 have qualifications sufficient to serve on a freight advisory 

19 committee, including, as applicable— 

20 ‘‘(1) general business and financial experience; 

21 ‘‘(2) experience or qualifications in the areas of 

22 freight transportation and logistics; 

23 ‘‘(3) experience in transportation planning; 

24 ‘‘(4) experience representing employees of the 

25 freight industry; or 


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1 ‘‘(5) experience representing a State, local gov2 ernment, or metropolitan planning organization.’’. 

3 SEC. 1128. TERRITORIAL AND PUERTO RICO HIGHWAY PRO4 GRAM. 

5 Section 165 of title 23, United States Code, is 

6 amended— 

7 (1) in subsection (a), by striking paragraphs 

8 (1) and (2) and inserting the following: 

9 ‘‘(1) for the Puerto Rico highway program 

10 under subsection (b)— 

11 ‘‘(A) $161,500,000 shall be for fiscal year 

12 2021; 

13 ‘‘(B) $165,000,000 shall be for fiscal year 

14 2022; 

15 ‘‘(C) $168,000,000 shall be for fiscal year 

16 2023; 

17 ‘‘(D) $171,000,000 shall be for fiscal year 

18 2024; and 

19 ‘‘(E) $175,500,000 shall be for fiscal year 

20 2025; and 

21 ‘‘(2) for the territorial highway program under 

22 subsection (c)— 

23 ‘‘(A) $43,000,000 shall be for fiscal year 

24 2021; 


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1 ‘‘(B) $43,000,000 shall be for fiscal year 

2 2022; 

3 ‘‘(C) $44,000,000 shall be for fiscal year 

4 2023; 

5 ‘‘(D) $45,000,000 shall be for fiscal year 

6 2024; and 

7 ‘‘(E) $46,000,000 shall be for fiscal year 

8 2025.’’; and 

9 (2) in subsection (c)(7), by striking ‘‘para10 graphs (1) through (4) of section 133(c) and section 

11 133(b)(12)’’ and inserting ‘‘paragraphs (1), (2), (3), 

12 and (5) of section 133(c) and section 133(b)(13)’’. 

13 Subtitle B—Planning and 

14 Performance Management 

15 SEC. 1201. TRANSPORTATION PLANNING. 

16 (a) METROPOLITAN TRANSPORTATION PLANNING.— 

17 Section 134 of title 23, United States Code, is amended— 

18 (1) in subsection (d)— 

19 (A) in paragraph (3), by adding at the end 

20 the following: 

21 ‘‘(D) CONSIDERATIONS.—In designating 

22 officials or representatives under paragraph (2) 

23 for the first time, subject to the bylaws or ena24 bling statute of the metropolitan planning orga25 nization, the metropolitan planning organization 


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1 shall consider the equitable and proportional 

2 representation of the population of the metro3 politan planning area.’’; and 

4 (B) in paragraph (7)— 

5 (i) by striking ‘‘an existing metropoli6 tan planning area’’ and inserting ‘‘an ur7 banized area (as defined by the Bureau of 

8 the Census)’’; and 

9 (ii) by striking ‘‘the existing metro10 politan planning area’’ and inserting ‘‘the 

11 area’’; 

12 (2) in subsection (g)— 

13 (A) in paragraph (1), by striking ‘‘a met14 ropolitan area’’ and inserting ‘‘an urbanized 

15 area (as defined by the Bureau of the Census)’’; 

16 and 

17 (B) by adding at the end the following: 

18 ‘‘(4) COORDINATION BETWEEN MPOS.—If 

19 more than 1 metropolitan planning organization is 

20 designated within an urbanized area (as defined by 

21 the Bureau of the Census) under subsection 

22 (d)(7)(A), the metropolitan planning organizations 

23 designated within the area shall ensure, to the max24 imum extent practicable, the consistency of any data 


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1 used in the planning process, including information 

2 used in forecasting travel demand. 

3 ‘‘(5) SAVINGS CLAUSE.—Nothing in this sub4 section requires metropolitan planning organizations 

5 designated within a single urbanized area to jointly 

6 develop planning documents, including a unified 

7 long-range transportation plan or unified TIP.’’; and 

8 (3) in subsection (i)(6), by adding at the end 

9 the following: 

10 ‘‘(D) USE OF TECHNOLOGY.—A State may 

11 use social media and other web-based tools— 

12 ‘‘(i) to further encourage public par13 ticipation; and 

14 ‘‘(ii) to solicit public feedback during 

15 the transportation planning process.’’. 

16 (b) STATEWIDE AND NONMETROPOLITAN TRANSPOR17 TATION PLANNING.—Section 135(f)(3) of title 23, United 

18 States Code, is amended by adding at the end the fol19 lowing: 

20 ‘‘(C) USE OF TECHNOLOGY.—A State may 

21 use social media and other web-based tools— 

22 ‘‘(i) to further encourage public par23 ticipation; and 

24 ‘‘(ii) to solicit public feedback during 

25 the transportation planning process.’’. 


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1 SEC. 1202. FISCAL CONSTRAINT ON LONG-RANGE TRANS2 PORTATION PLANS. 

3 Not later than 1 year after the date of enactment 

4 of this Act, the Secretary shall amend section 

5 450.324(f)(11)(v) of title 23, Code of Federal Regulations, 

6 to ensure that the outer years of a metropolitan transpor7 tation plan are defined as ‘‘beyond the first 4 years’’. 

8 SEC. 1203. STATE HUMAN CAPITAL PLANS. 

9 (a) IN GENERAL.—Chapter 1 of title 23, United 

10 States Code (as amended by section 1125(c)(1)), is 

11 amended by adding at the end the following: 

12 ‘‘§ 176. State human capital plans 

13 ‘‘(a) IN GENERAL.—Not later than 18 months after 

14 the date of enactment of this section, the Secretary shall 

15 encourage each State to develop a voluntary plan, to be 

16 known as a ‘human capital plan’, that provides for the 

17 immediate and long-term personnel and workforce needs 

18 of the State with respect to the capacity of the State to 

19 deliver transportation and public infrastructure eligible 

20 under this title. 

21 ‘‘(b) PLAN CONTENTS.— 

22 ‘‘(1) IN GENERAL.—A human capital plan de23 veloped by a State under subsection (a) shall, to the 

24 maximum extent practicable, take into consider25 ation— 


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1 ‘‘(A) significant transportation workforce 

2 trends, needs, issues, and challenges with re3 spect to the State; 

4 ‘‘(B) the human capital policies, strategies, 

5 and performance measures that will guide the 

6 transportation-related workforce investment de7 cisions of the State; 

8 ‘‘(C) coordination with educational institu9 tions, industry, organized labor, workforce 

10 boards, and other agencies or organizations to 

11 address the human capital transportation needs 

12 of the State; 

13 ‘‘(D) a workforce planning strategy that 

14 identifies current and future human capital 

15 needs, including the knowledge, skills, and abili16 ties needed to recruit and retain skilled workers 

17 in the transportation industry; 

18 ‘‘(E) a human capital management strat19 egy that is aligned with the transportation mis20 sion, goals, and organizational objectives of the 

21 State; 

22 ‘‘(F) an implementation system for work23 force goals focused on addressing continuity of 

24 leadership and knowledge sharing across the 

25 State; 


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1 ‘‘(G) an implementation system that ad2 dresses workforce competency gaps, particularly 

3 in mission-critical occupations; 

4 ‘‘(H) in the case of public-private partner5 ships or other alternative project delivery meth6 ods to carry out the transportation program of 

7 the State, a description of workforce needs— 

8 ‘‘(i) to ensure that the transportation 

9 mission, goals, and organizational objec10 tives of the State are fully carried out; and 

11 ‘‘(ii) to ensure that procurement 

12 methods provide the best public value; 

13 ‘‘(I) a system for analyzing and evaluating 

14 the performance of the State department of 

15 transportation with respect to all aspects of 

16 human capital management policies, programs, 

17 and activities; and 

18 ‘‘(J) the manner in which the plan will im19 prove the ability of the State to meet the na20 tional policy in support of performance manage21 ment established under section 150. 

22 ‘‘(2) PLANNING PERIOD.—If a State develops a 

23 human capital plan under subsection (a), the plan 

24 shall address a 5-year forecast period. 


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1 ‘‘(c) PLAN UPDATES.—If a State develops a human 

2 capital plan under subsection (a), the State shall update 

3 the plan not less frequently than once every 5 years. 

4 ‘‘(d) RELATIONSHIP TO LONG-RANGE PLAN.— 

5 ‘‘(1) IN GENERAL.—Subject to paragraph (2), a 

6 human capital plan developed by a State under sub7 section (a) may be developed separately from, or in8 corporated into, the long-range statewide transpor9 tation plan required under section 135. 

10 ‘‘(2) EFFECT OF SECTION.—Nothing in this 

11 section requires a State, or authorizes the Secretary 

12 to require a State, to incorporate a human capital 

13 plan into the long-range statewide transportation 

14 plan required under section 135. 

15 ‘‘(e) PUBLIC AVAILABILITY.—Each State that devel16 ops a human capital plan under subsection (a) shall make 

17 a copy of the plan available to the public in a user-friendly 

18 format on the website of the State department of transpor19 tation. 

20 ‘‘(f) SAVINGS PROVISION.—Nothing in this section 

21 prevents a State from carrying out transportation work22 force planning— 

23 ‘‘(1) not described in this section; or 

24 ‘‘(2) not in accordance with this section.’’. 


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1 (b) CLERICAL AMENDMENT.—The analysis for chap2 ter 1 of title 23, United States Code (as amended by sec3 tion 1125(c)(2)), is amended by inserting after the item 

4 relating to section 175 the following: 

‘‘176. State human capital plans.’’. 

5 SEC. 1204. ACCESSIBILITY DATA PILOT PROGRAM. 

6 (a) IN GENERAL.—Not later than 1 year after the 

7 date of enactment of this Act, the Secretary shall establish 

8 an accessibility data pilot program (referred to in this sec9 tion as the ‘‘pilot program’’). 

10 (b) PURPOSE.—The purpose of the pilot program is 

11 to develop or procure an accessibility data set and make 

12 that data set available to each eligible entity selected to 

13 participate in the pilot program to improve the transpor14 tation planning of those eligible entities by— 

15 (1) measuring the level of access by multiple 

16 transportation modes to important destinations, 

17 which may include— 

18 (A) jobs, including areas with a concentra19 tion of available jobs; 

20 (B) health care facilities; 

21 (C) child care services; 

22 (D) educational and workforce training fa23 cilities; 

24 (E) affordable housing; 

25 (F) food sources; and 


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1 (G) connections between modes, including 

2 connections to— 

3 (i) high-quality transit or rail service; 

4 (ii) safe bicycling corridors; and 

5 (iii) safe sidewalks that achieve com6 pliance with applicable requirements of the 

7 Americans with Disabilities Act of 1990 

8 (42 U.S.C. 12101 et seq.); 

9 (2) disaggregating the level of access by mul10 tiple transportation modes by a variety of population 

11 categories, which may include— 

12 (A) low-income populations; 

13 (B) minority populations; 

14 (C) age; 

15 (D) disability; and 

16 (E) geographical location; and 

17 (3) assessing the change in accessibility that 

18 would result from new transportation investments. 

19 (c) ELIGIBLE ENTITIES.—An entity eligible to par20 ticipate in the pilot program is— 

21 (1) a State (as defined in section 101(a) of title 

22 23, United States Code); 

23 (2) a metropolitan planning organization; or 

24 (3) a rural transportation planning organiza25 tion. 


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1 (d) APPLICATION.—To be eligible to participate in 

2 the pilot program, an eligible entity shall submit to the 

3 Secretary an application at such time, in such manner, 

4 and containing such information as the Secretary may re5 quire, including information relating to— 

6 (1) previous experience of the eligible entity 

7 measuring transportation access or other perform8 ance management experience; 

9 (2) the types of important destinations to which 

10 the eligible entity intends to measure access; 

11 (3) the types of data disaggregation the eligible 

12 entity intends to pursue; 

13 (4) a general description of the methodology the 

14 eligible entity intends to apply; and 

15 (5) if the applicant does not intend the pilot 

16 program to apply to the full area under the jurisdic17 tion of the applicant, a description of the geographic 

18 area in which the applicant intends the pilot pro19 gram to apply. 

20 (e) SELECTION.— 

21 (1) IN GENERAL.—The Secretary shall seek to 

22 achieve diversity of participants in the pilot program 

23 by selecting a range of eligible entities that shall in24 clude— 

25 (A) States; 


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1 (B) metropolitan planning organizations 

2 that serve an area with a population of 200,000 

3 people or fewer; 

4 (C) metropolitan planning organizations 

5 that serve an area with a population of over 

6 200,000 people; and 

7 (D) rural transportation planning organi8 zations. 

9 (2) INCLUSIONS.—The Secretary shall seek to 

10 ensure that, among the eligible entities selected 

11 under paragraph (1), there is— 

12 (A) a range of capacity and previous expe13 rience with measuring transportation access; 

14 and 

15 (B) a variety of proposed methodologies 

16 and focus areas for measuring level of access. 

17 (f) DUTIES.—For each eligible entity participating in 

18 the pilot program, the Secretary shall— 

19 (1) develop or acquire an accessibility data set 

20 described in subsection (b); and 

21 (2) submit the data set to the eligible entity. 

22 (g) METHODOLOGY.—In calculating the measures for 

23 the data set under the pilot program, the Secretary shall 

24 ensure that methodology is open source. 


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1 (h) AVAILABILITY.—The Secretary shall make an ac2 cessibility data set under the pilot program available to— 

3 (1) units of local government within the juris4 diction of the eligible entity participating in the pilot 

5 program; and 

6 (2) researchers. 

7 (i) REPORT.—Not later than 120 days after the last 

8 date on which the Secretary submits data sets to the eligi9 ble entity under subsection (f), the Secretary shall submit 

10 to Congress a report on the results of the program, includ11 ing the feasibility of developing and providing periodic ac12 cessibility data sets for all States, regions, and localities. 

13 (j) FUNDING.—The Secretary shall carry out the 

14 pilot program using amounts made available to the Sec15 retary for administrative expenses to carry out programs 

16 under the authority of the Secretary. 

17 (k) SUNSET.—The pilot program shall terminate on 

18 the date that is 8 years after the date on which the pilot 

19 program is implemented. 

20 SEC. 1205. PRIORITIZATION PROCESS PILOT PROGRAM. 

21 (a) DEFINITIONS.—In this section: 

22 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti23 ty’’ means— 


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1 (A) a metropolitan planning organization 

2 that serves an area with a population of over 

3 200,000; and 

4 (B) a State. 

5 (2) METROPOLITAN PLANNING ORGANIZA6 TION.—The term ‘‘metropolitan planning organiza7 tion’’ has the meaning given the term in section 

8 134(b) of title 23, United States Code. 

9 (3) PRIORITIZATION PROCESS PILOT PRO10 GRAM.—The term ‘‘prioritization process pilot pro11 gram’’ means the pilot program established under 

12 subsection (b)(1). 

13 (b) ESTABLISHMENT.— 

14 (1) IN GENERAL.—The Secretary shall estab15 lish, and solicit applications for a prioritization proc16 ess pilot program. 

17 (2) PURPOSE.—The purpose of the 

18 prioritization process pilot program shall be to sup19 port data-driven approaches to planning that, on 

20 completion, can be evaluated for public benefit. 

21 (c) PILOT PROGRAM ADMINISTRATION.— 

22 (1) IN GENERAL.—An eligible entity partici23 pating in the prioritization process pilot program 

24 shall— 


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1 (A) use priority objectives that are devel2 oped— 

3 (i) in the case of an urbanized area 

4 with a population of over 200,000, by the 

5 metropolitan planning organization that 

6 serves the area, in consultation with the 

7 State; 

8 (ii) in the case of an urbanized area 

9 with a population of 200,000 or fewer, by 

10 the State in consultation with all metro11 politan planning organizations in the 

12 State; and 

13 (iii) through a public process that pro14 vides an opportunity for public input; 

15 (B) assess and score projects and strate16 gies on the basis of— 

17 (i) the contribution and benefits of the 

18 project or strategy to each priority objec19 tive developed under subparagraph (A); 

20 (ii) the cost of the project or strategy 

21 relative to the contribution and benefits as22 sessed and scored under clause (i); and 

23 (iii) public support; 

24 (C) use the scores assigned under subpara25 graph (B) to guide project selection in the deVerDate Sep 11 2014 00:29 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00189 Fmt 6652 Sfmt 6201 E:\BILLS\S2302.IS S2302

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1 velopment of the transportation plan and trans2 portation improvement program; and 

3 (D) ensure that the public— 

4 (i) has opportunities to provide public 

5 comment on projects before decisions are 

6 made on the transportation plan and the 

7 transportation improvement program; and 

8 (ii) has access to clear reasons why 

9 each project or strategy was selected or not 

10 selected. 

11 (2) REQUIREMENTS.—An eligible entity that re12 ceives a grant under the prioritization process pilot 

13 program shall use the funds as described in each of 

14 the following, as applicable: 

15 (A) METROPOLITAN TRANSPORTATION

16 PLANNING.—In the case of a metropolitan plan17 ning organization that serves an area with a 

18 population of over 200,000, the entity shall— 

19 (i) develop and implement a publicly 

20 accessible, transparent prioritization proc21 ess for the selection of projects for inclu22 sion on the transportation plan for the 

23 metropolitan planning area under section 

24 134(i) of title 23, United States Code, and 


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1 section 5303(i) of title 49, United States 

2 Code, which shall— 

3 (I) include criteria identified by 

4 the metropolitan planning organiza5 tion, which may be weighted to reflect 

6 the priority objectives developed under 

7 paragraph (1)(A), that the metropoli8 tan planning organization has deter9 mined support— 

10 (aa) factors described in sec11 tion 134(h) of title 23, United 

12 States Code, and section 5303(h) 

13 of title 49, United States Code; 

14 (bb) targets for national 

15 performance measures under sec16 tion 150(b) of title 23, United 

17 States Code; 

18 (cc) applicable transpor19 tation goals in the metropolitan 

20 planning area or State set by the 

21 applicable transportation agency; 

22 and 

23 (dd) priority objectives de24 veloped under paragraph (1)(A); 


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1 (II) evaluate the outcomes for 

2 each proposed project on the basis of 

3 the benefits of the proposed project 

4 with respect to each of the criteria de5 scribed in subclause (I) relative to the 

6 cost of the proposed project; and 

7 (III) use the evaluation under 

8 subclause (II) to create a ranked list 

9 of proposed projects; and 

10 (ii) with respect to the priority list 

11 under section 134(j)(2)(A) of title 23 and 

12 section 5303(j)(2)(A) of title 49, United 

13 States Code, include projects according to 

14 the rank of the project under clause 

15 (i)(III), except as provided in subpara16 graph (D). 

17 (B) STATEWIDE TRANSPORTATION PLAN18 NING.—In the case of a State, the State shall— 

19 (i) develop and implement a publicly 

20 accessible, transparent process for the se21 lection of projects for inclusion on the 

22 long-range statewide transportation plan 

23 under section 135(f) of title 23, United 

24 States Code, which shall— 


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1 (I) include criteria identified by 

2 the State, which may be weighted to 

3 reflect statewide priorities, that the 

4 State has determined support— 

5 (aa) factors described in sec6 tion 135(d) of title 23, United 

7 States Code, and section 5304(d) 

8 of title 49, United States Code; 

9 (bb) national transportation 

10 goals under section 150(b) of 

11 title 23, United States Code; 

12 (cc) applicable transpor13 tation goals in the State; and 

14 (dd) the priority objectives 

15 developed under paragraph 

16 (1)(A); 

17 (II) evaluate the outcomes for 

18 each proposed project on the basis of 

19 the benefits of the proposed project 

20 with respect to each of the criteria de21 scribed in subclause (I) relative to the 

22 cost of the proposed project; and 

23 (III) use the evaluation under 

24 subclause (II) to create a ranked list 

25 of proposed projects; and 


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1 (ii) with respect to the statewide 

2 transportation improvement program 

3 under section 135(g) of title 23, United 

4 States Code, and section 5304(g) of title 

5 49, United States Code, include projects 

6 according to the rank of the project under 

7 clause (i)(III), except as provided in sub8 paragraph (D). 

9 (C) ADDITIONAL TRANSPORTATION PLAN10 NING.—If the eligible entity has implemented, 

11 and has in effect, the requirements under sub12 paragraph (A) or (B), as applicable, the eligible 

13 entity may use any remaining funds from a 

14 grant provided under the pilot program for any 

15 transportation planning purpose. 

16 (D) EXCEPTIONS TO PRIORITY RANKING.— 

17 In the case of any project that the eligible enti18 ty chooses to include or not include in the 

19 transportation improvement program under sec20 tion 134(j) of title 23, United States Code, or 

21 the statewide transportation improvement pro22 gram under section 135(g) of title 23, United 

23 States Code, as applicable, in a manner that is 

24 contrary to the priority ranking for that project 

25 established under subparagraph (A)(i)(III) or 


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1 (B)(i)(III), the eligible entity shall make pub2 licly available an explanation for the decision, 

3 including— 

4 (i) a review of public comments re5 garding the project; 

6 (ii) an evaluation of public support for 

7 the project; 

8 (iii) an assessment of geographic bal9 ance of projects of the eligible entity; and 

10 (iv) the number of projects of the eli11 gible entity in economically distressed 

12 areas. 

13 (3) MAXIMUM AMOUNT.—The maximum 

14 amount of a grant under the prioritization process 

15 pilot program is $2,000,000. 

16 (d) APPLICATIONS.—To be eligible to participate in 

17 the prioritization process pilot program, an eligible entity 

18 shall submit to the Secretary an application at such time, 

19 in such manner, and containing such information as the 

20 Secretary may require. 

21 SEC. 1206. EXEMPTIONS FOR LOW POPULATION DENSITY 

22 STATES. 

23 Section 150 of title 23, United States Code, is 

24 amended by adding at the end the following: 


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1 ‘‘(f) EXEMPTIONS FOR LOW POPULATION DENSITY

2 STATES.— 

3 ‘‘(1) IN GENERAL.—The Secretary shall grant, 

4 on the election of and in consultation with a State, 

5 an exemption from 1 or more of the requirements 

6 described in paragraph (2)(A) if the State— 

7 ‘‘(A) is on the list of eligible States under 

8 paragraph (5) for the applicable performance 

9 period; and 

10 ‘‘(B) provides a written notice of the elec11 tion that includes an explanation under para12 graph (4)(A). 

13 ‘‘(2) REQUIREMENTS DESCRIBED.— 

14 ‘‘(A) STATE REQUIREMENTS.—The re15 quirements from which a State described in 

16 paragraph (1) may elect an exemption are— 

17 ‘‘(i) requirements established under 

18 subclauses (IV) and (V) of subsection 

19 (c)(3)(A)(ii); 

20 ‘‘(ii) requirements established under 

21 subsection (c)(5)(A); 

22 ‘‘(iii) requirements established under 

23 subsection (c)(6); and 

24 ‘‘(iv) targeting, data, reporting, or ad25 ministrative requirements established 


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1 under subsections (d) and (e) that are re2 lated to a requirement described in clause 

3 (i), (ii), or (iii) from which the State elects 

4 to receive an exemption. 

5 ‘‘(B) METROPOLITAN PLANNING ORGANI6 ZATION REQUIREMENTS.—A metropolitan plan7 ning organization with a metropolitan planning 

8 area that is located entirely within a State that 

9 is exempt shall be exempt from the require10 ments under section 134(h)(2)(B) that relate to 

11 each measure described in subparagraph (A) 

12 from which the State of the metropolitan plan13 ning organization is exempt. 

14 ‘‘(3) TERM.—An exemption applied under para15 graph (1)— 

16 ‘‘(A) shall be in effect until the date that 

17 is 4 years after the date on which the perform18 ance period promulgated by the Secretary under 

19 subsection (d) in effect at the time the exemp20 tion is applied ends; and 

21 ‘‘(B) may be renewed by the State for an 

22 additional 4-year term at the end of each per23 formance period if, in accordance with para24 graph (4)— 


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1 ‘‘(i) the State submits another written 

2 explanation; and 

3 ‘‘(ii) the State continues to be in4 cluded on the list of eligible States under 

5 paragraph (5). 

6 ‘‘(4) NOTIFICATION OF ELECTION OF EXEMP7 TION.— 

8 ‘‘(A) IN GENERAL.—To be eligible to make 

9 an election under paragraph (1), not later than 

10 September 1 of the calendar year preceding the 

11 calendar year in which the next performance 

12 period promulgated by the Secretary under sub13 section (d) begins, a State described in that 

14 paragraph— 

15 ‘‘(i) shall submit to the Secretary— 

16 ‘‘(I) identification of the 1 or 

17 more requirements described in para18 graph (2)(A) for which an exemption 

19 is elected; and 

20 ‘‘(II) a written notice that in21 cludes an explanation advising the 

22 Secretary that the State is not experi23 encing significant performance issues 

24 on the surface transportation system 

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1 quirement referred to in subclause (I); 

2 and 

3 ‘‘(ii) may submit to the Secretary any 

4 other information or material that the 

5 State chooses to include in the notice. 

6 ‘‘(B) SPECIAL RULE.—Notwithstanding 

7 the deadline described in subparagraph (A), a 

8 State described in paragraph (1) may submit a 

9 notice under subparagraph (A) at any time be10 fore September 1, 2021. 

11 ‘‘(5) ELIGIBLE STATES.— 

12 ‘‘(A) IN GENERAL.—Not later than 60 

13 days after the date of enactment of this sub14 section and thereafter, on each September 1 of 

15 the calendar year 2 years prior to the calendar 

16 year in which the next performance period pro17 mulgated by the Secretary under subsection (d) 

18 begins, the Secretary shall publish a list of 

19 States that may elect to receive an exemption 

20 from a requirement described in paragraph 

21 (2)(A). 

22 ‘‘(B) INCLUSIONS.—The Secretary shall 

23 include on the list under subparagraph (A)— 

24 ‘‘(i) any State that— 


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1 ‘‘(I) has a population per square 

2 mile of area that is less than the pop3 ulation per square mile of area of the 

4 United States, based on the latest 

5 available Bureau of the Census data 

6 at the time the Secretary publishes 

7 the list; 

8 ‘‘(II) does not include an urban9 ized area with a population of over 

10 200,000 within the State; and 

11 ‘‘(III) has no repeated delays or 

12 other persistent impediments to travel 

13 reliability on the portions of the Na14 tional Highway System in the State 

15 that the Secretary determines to be 

16 excessive; and 

17 ‘‘(ii) based on the latest available Bu18 reau of the Census data at the time the 

19 Secretary publishes the list, any State 

20 that— 

21 ‘‘(I) has a population density of 

22 less than 15 persons per square mile 

23 of area; and 


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1 ‘‘(II) does not include an urban2 ized area with a population of over 

3 200,000. 

4 ‘‘(6) NATIONAL REPORTING.— 

5 ‘‘(A) ELIGIBLE STATES.—For each State 

6 included on the list of eligible States under 

7 paragraph (5), the Secretary shall submit to the 

8 Committee on Environment and Public Works 

9 of the Senate and the Committee on Transpor10 tation and Infrastructure of the House of Rep11 resentatives a report on the status of traffic 

12 congestion, travel reliability, truck travel reli13 ability, and any other relevant performance 

14 metrics on the portions of the National High15 way System in the State, including any delays 

16 or impediments that the Secretary determines 

17 to be excessive. 

18 ‘‘(B) EXEMPT STATES.—For each eligible 

19 State under paragraph (5) that elects to receive 

20 an exemption under paragraph (1), the Sec21 retary shall— 

22 ‘‘(i) submit to the Committee on Envi23 ronment and Public Works of the Senate 

24 and the Committee on Transportation and 

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1 tives a report on the results of perform2 ance measures for all exemptions applied 

3 to that State under this subsection; and 

4 ‘‘(ii) make publicly available as part of 

5 the State performance dashboard on the 

6 Department of Transportation website in7 formation on the performance of the State 

8 with respect to any requirements from 

9 which the State is exempt.’’. 

10 SEC. 1207. TRAVEL DEMAND DATA AND MODELING. 

11 (a) DEFINITION OF METROPOLITAN PLANNING OR12 GANIZATION.—In this section, the term ‘‘metropolitan 

13 planning organization’’ has the meaning given the term 

14 in section 134(b) of title 23, United States Code. 

15 (b) STUDY.— 

16 (1) IN GENERAL.—Not later than 2 years after 

17 the date of enactment of this Act, and not less fre18 quently than once every 5 years thereafter, the Sec19 retary shall carry out a study that— 

20 (A) gathers travel data and travel demand 

21 forecasts from a representative sample of States 

22 and metropolitan planning organizations; 

23 (B) uses the data and forecasts gathered 

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1 mand forecasts with the observed data, includ2 ing— 

3 (i) traffic counts; 

4 (ii) travel mode share and public tran5 sit ridership; and 

6 (iii) vehicle occupancy measures; and 

7 (C) uses the information described in sub8 paragraphs (A) and (B)— 

9 (i) to develop best practices or guid10 ance for States and metropolitan planning 

11 organizations to use in forecasting travel 

12 demand for future investments in transpor13 tation improvements; 

14 (ii) to evaluate the impact of trans15 portation investments, including new road16 way capacity, on travel behavior and travel 

17 demand, including public transportation 

18 ridership, induced highway travel, and con19 gestion; 

20 (iii) to support more accurate travel 

21 demand forecasting by States and metro22 politan planning organizations; and 

23 (iv) to enhance the capacity of States 

24 and metropolitan planning organizations— 


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1 (I) to forecast travel demand; 

2 and 

3 (II) to track observed travel be4 havior responses, including induced 

5 travel, to changes in transportation 

6 capacity, pricing, and land use pat7 terns. 

8 (2) SECRETARIAL SUPPORT.—The Secretary 

9 shall seek opportunities to support the transpor10 tation planning processes under sections 134 and 

11 135 of title 23, United States Code, through the 

12 provision of data to States and metropolitan plan13 ning organizations to improve the quality of plans, 

14 models, and forecasts described in this subsection. 

15 (3) EVALUATION TOOL.—The Secretary shall 

16 develop a publicly available multimodal web-based 

17 tool for the purpose of enabling States and metro18 politan planning organizations to evaluate the effect 

19 of investments in highway and public transportation 

20 projects on the use and conditions of all transpor21 tation assets within the State or area served by the 

22 metropolitan planning organization, as applicable. 


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1 SEC. 1208. INCREASING SAFE AND ACCESSIBLE TRANSPOR2 TATION OPTIONS. 

3 (a) DEFINITION OF COMPLETE STREETS STAND4 ARDS OR POLICIES.—In this section, the term ‘‘Complete 

5 Streets standards or policies’’ means standards or policies 

6 that ensure the safe and adequate accommodation of all 

7 users of the transportation system, including pedestrians, 

8 bicyclists, public transportation users, children, older indi9 viduals, individuals with disabilities, motorists, and freight 

10 vehicles. 

11 (b) FUNDING REQUIREMENT.—Notwithstanding any 

12 other provision of law, each State and metropolitan plan13 ning organization shall use to carry out 1 or more activi14 ties described in subsection (c)— 

15 (1) in the case of a State, not less than 2.5 per16 cent of the amounts made available to the State to 

17 carry out section 505 of title 23, United States 

18 Code; and 

19 (2) in the case of a metropolitan planning orga20 nization, not less than 2.5 percent of the amounts 

21 made available to the metropolitan planning organi22 zation under section 104(d) of title 23, United 

23 States Code. 

24 (c) ACTIVITIES DESCRIBED.—An activity referred to 

25 in subsection (b) is an activity to increase safe and acces26 sible options for multiple travel modes for people of all 


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1 ages and abilities, which, if permissible under applicable 

2 State and local laws, may include— 

3 (1) adoption of Complete Streets standards or 

4 policies; 

5 (2) development of a Complete Streets 

6 prioritization plan that identifies a specific list of 

7 Complete Streets projects to improve the safety, mo8 bility, or accessibility of a street; 

9 (3) development of transportation plans— 

10 (A) to create a network of active transpor11 tation facilities, including sidewalks, bikeways, 

12 or pedestrian and bicycle trails, to connect 

13 neighborhoods with destinations such as work14 places, schools, residences, businesses, recre15 ation areas, healthcare and child care services, 

16 or other community activity centers; 

17 (B) to integrate active transportation fa18 cilities with public transportation service or im19 prove access to public transportation; 

20 (C) to create multiuse active transpor21 tation infrastructure facilities, including bike22 ways or pedestrian and bicycle trails, that make 

23 connections within or between communities; 

24 (D) to increase public transportation rider25 ship; and 


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1 (E) to improve the safety of bicyclists and 

2 pedestrians; 

3 (4) regional and megaregional planning to ad4 dress travel demand and capacity constraints 

5 through alternatives to new highway capacity, in6 cluding through intercity passenger rail; and 

7 (5) development of transportation plans and 

8 policies that support transit-oriented development. 

9 (d) FEDERAL SHARE.—The Federal share of the cost 

10 of an activity carried out under this section shall be 100 

11 percent. 

12 Subtitle C—Project Delivery and 

13 Process Improvement 

14 SEC. 1301. EFFICIENT ENVIRONMENTAL REVIEWS FOR 

15 PROJECT DECISIONMAKING AND ONE FED16 ERAL DECISION. 

17 (a) IN GENERAL.—Section 139 of title 23, United 

18 States Code, is amended— 

19 (1) in the section heading, by striking ‘‘deci20 sionmaking’’ and inserting ‘‘decisionmaking 

21 and One Federal Decision’’; 

22 (2) in subsection (a)— 

23 (A) by redesignating paragraphs (2) 

24 through (8) as paragraphs (4), (5), (6), (8), 

25 (9), (10), and (11), respectively; 


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1 (B) by inserting after paragraph (1) the 

2 following: 

3 ‘‘(2) AUTHORIZATION.—The term ‘authoriza4 tion’ means any license, permit, approval, finding, or 

5 other administrative decision related to the environ6 mental review process that is required under Federal 

7 law to site, construct, or reconstruct a project. 

8 ‘‘(3) ENVIRONMENTAL DOCUMENT.—The term 

9 ‘environmental document’ includes an environmental 

10 assessment, finding of no significant impact, notice 

11 of intent, environmental impact statement, or record 

12 of decision under the National Environmental Policy 

13 Act of 1969 (42 U.S.C. 4321 et seq.).’’; 

14 (C) in subparagraph (B) of paragraph (5) 

15 (as so redesignated), by striking ‘‘process for 

16 and completion of any environmental permit’’ 

17 and inserting ‘‘process and schedule, including 

18 a timetable for completion of any permit’’; and 

19 (D) by inserting after paragraph (6) (as so 

20 redesignated) the following: 

21 ‘‘(7) MAJOR INFRASTRUCTURE PROJECT.—The 

22 term ‘major infrastructure project’ means a project 

23 for which— 

24 ‘‘(A) multiple permits, approvals, reviews, 

25 or studies are required under a Federal law 


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1 other than the National Environmental Policy 

2 Act of 1969 (42 U.S.C. 4321 et seq.); 

3 ‘‘(B) the head of the lead agency has de4 termined that an environmental impact state5 ment is required; and 

6 ‘‘(C) the project sponsor has identified the 

7 reasonable availability of funds sufficient to 

8 complete the project.’’; 

9 (3) in subsection (b)(1), by inserting ‘‘, includ10 ing major infrastructure projects,’’ after ‘‘all 

11 projects’’; 

12 (4) in subsection (c)— 

13 (A) in paragraph (6)— 

14 (i) in subparagraph (B), by striking 

15 ‘‘and’’ at the end; 

16 (ii) in subparagraph (C), by striking 

17 the period at the end and inserting ‘‘; 

18 and’’; and 

19 (iii) by adding at the end the fol20 lowing: 

21 ‘‘(D) to calculate annually the average 

22 time taken by the lead agency to complete all 

23 environmental documents for each project dur24 ing the previous fiscal year’’; and 

25 (B) by adding at the end the following: 


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1 ‘‘(7) PROCESS IMPROVEMENTS FOR MAJOR IN2 FRASTRUCTURE PROJECTS.— 

3 ‘‘(A) IN GENERAL.—The Secretary shall 

4 review— 

5 ‘‘(i) existing practices, procedures, 

6 rules, regulations, and applicable laws to 

7 identify impediments to meeting the re8 quirements applicable to major infrastruc9 ture projects under this section; and 

10 ‘‘(ii) best practices, programmatic 

11 agreements, and potential changes to inter12 nal departmental procedures that would fa13 cilitate an efficient environmental review 

14 process for major infrastructure projects. 

15 ‘‘(B) CONSULTATION.—In conducting the 

16 review under subparagraph (A), the Secretary 

17 shall consult, as appropriate, with the heads of 

18 other Federal agencies that participate in the 

19 environmental review process. 

20 ‘‘(C) REPORT.—Not later than 2 years 

21 after the date of enactment of the America’s 

22 Transportation Infrastructure Act of 2019, the 

23 Secretary shall submit to the Committee on En24 vironment and Public Works of the Senate and 

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1 structure of the House of Representatives a re2 port that includes— 

3 ‘‘(i) the results of the review under 

4 subparagraph (A); and 

5 ‘‘(ii) an analysis of whether additional 

6 funding would help the Secretary meet the 

7 requirements applicable to major infra8 structure projects under this section.’’; 

9 (5) in subsection (d)— 

10 (A) in paragraph (8)— 

11 (i) in the paragraph heading, by strik12 ing ‘‘NEPA’’ and inserting ‘‘ENVIRON13 MENTAL’’; 

14 (ii) in subparagraph (A)— 

15 (I) by inserting ‘‘and except as 

16 provided in subparagraph (D)’’ after 

17 ‘‘paragraph (7)’’; 

18 (II) by striking ‘‘permits’’ and in19 serting ‘‘authorizations’’; and 

20 (III) by striking ‘‘single environ21 ment document’’ and inserting ‘‘single 

22 environmental document for each kind 

23 of environmental document’’; 

24 (iii) in subparagraph (B)(i)— 


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1 (I) by striking ‘‘an environmental 

2 document’’ and inserting ‘‘environ3 mental documents’’; and 

4 (II) by striking ‘‘permits issued’’ 

5 and inserting ‘‘authorizations’’; and 

6 (iv) by adding at the end the fol7 lowing: 

8 ‘‘(D) EXCEPTIONS.—The lead agency may 

9 waive the application of subparagraph (A) with 

10 respect to a project if— 

11 ‘‘(i) the project sponsor requests that 

12 agencies issue separate environmental doc13 uments; 

14 ‘‘(ii) the obligations of a cooperating 

15 agency or participating agency under the 

16 National Environmental Policy Act of 

17 1969 (42 U.S.C. 4321 et seq.) have al18 ready been satisfied with respect to the 

19 project; or 

20 ‘‘(iii) the lead agency determines that 

21 reliance on a single environmental docu22 ment (as described in subparagraph (A)) 

23 would not facilitate timely completion of 

24 the environmental review process for the 

25 project.’’; and 


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1 (B) by adding at the end the following: 

2 ‘‘(10) TIMELY AUTHORIZATIONS FOR MAJOR IN3 FRASTRUCTURE PROJECTS.— 

4 ‘‘(A) DEADLINE.—Except as provided in 

5 subparagraph (C), all authorization decisions 

6 necessary for the construction of a major infra7 structure project shall be completed by not later 

8 than 90 days after the date of the issuance of 

9 a record of decision for the major infrastructure 

10 project. 

11 ‘‘(B) DETAIL.—The final environmental 

12 impact statement for a major infrastructure 

13 project shall include an adequate level of detail 

14 to inform decisions necessary for the role of the 

15 participating agencies in the environmental re16 view process. 

17 ‘‘(C) EXTENSION OF DEADLINE.—The 

18 head of the lead agency may extend the dead19 line under subparagraph (A) if— 

20 ‘‘(i) Federal law prohibits the lead 

21 agency or another agency from issuing an 

22 approval or permit within the period de23 scribed in that subparagraph; 


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1 ‘‘(ii) the project sponsor requests that 

2 the permit or approval follow a different 

3 timeline; or 

4 ‘‘(iii) an extension would facilitate 

5 completion of the environmental review and 

6 authorization process of the major infra7 structure project.’’; 

8 (6) in subsection (g)(1)— 

9 (A) in subparagraph (B)— 

10 (i) in clause (ii)(IV), by striking 

11 ‘‘schedule for and cost of’’ and inserting 

12 ‘‘time required by an agency to conduct an 

13 environmental review and make decisions 

14 under applicable Federal law relating to a 

15 project (including the issuance or denial of 

16 a permit or license) and the cost of’’; and 

17 (ii) by adding at the end the fol18 lowing: 

19 ‘‘(iii) MAJOR INFRASTRUCTURE

20 PROJECT SCHEDULE.—To the maximum 

21 extent practicable and consistent with ap22 plicable Federal law, in the case of a major 

23 infrastructure project, the lead agency 

24 shall develop a schedule for the major in25 frastructure project that is consistent with 


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1 an agency average of not more than 2 

2 years for the completion of the environ3 mental review process for major infrastruc4 ture projects, as measured from the date 

5 of publication of a notice of intent to pre6 pare an environmental impact statement to 

7 the record of decision.’’; 

8 (B) by striking subparagraph (D) and in9 serting the following: 

10 ‘‘(D) MODIFICATION.— 

11 ‘‘(i) IN GENERAL.—Except as pro12 vided in clause (ii), the lead agency may 

13 lengthen or shorten a schedule established 

14 under subparagraph (B) for good cause. 

15 ‘‘(ii) EXCEPTIONS.— 

16 ‘‘(I) MAJOR INFRASTRUCTURE

17 PROJECTS.—In the case of a major 

18 infrastructure project, the lead agency 

19 may lengthen a schedule under clause 

20 (i) for a cooperating Federal agency 

21 by not more than 1 year after the lat22 est deadline established for the major 

23 infrastructure project by the lead 

24 agency. 


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1 ‘‘(II) SHORTENED SCHED2 ULES.—The lead agency may not 

3 shorten a schedule under clause (i) if 

4 doing so would impair the ability of a 

5 cooperating Federal agency to conduct 

6 necessary analyses or otherwise carry 

7 out relevant obligations of the Federal 

8 agency for the project.’’; 

9 (C) by redesignating subparagraph (E) as 

10 subparagraph (F); and 

11 (D) by inserting after subparagraph (D) 

12 the following: 

13 ‘‘(E) FAILURE TO MEET DEADLINE.—If a 

14 cooperating Federal agency fails to meet a 

15 deadline established under subparagraph 

16 (D)(ii)(I)— 

17 ‘‘(i) the cooperating Federal agency 

18 shall submit to the Secretary a report that 

19 describes the reasons why the deadline was 

20 not met; and 

21 ‘‘(ii) the Secretary shall— 

22 ‘‘(I) transmit to the Committee 

23 on Environment and Public Works of 

24 the Senate and the Committee on 

25 Transportation and Infrastructure of 


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1 the House of Representatives a copy 

2 of the report under clause (i); and 

3 ‘‘(II) make the report under 

4 clause (i) publicly available on the 

5 internet.’’; and 

6 (7) by adding at the end the following: 

7 ‘‘(p) ACCOUNTABILITY AND REPORTING FOR MAJOR

8 INFRASTRUCTURE PROJECTS.— 

9 ‘‘(1) IN GENERAL.—The Secretary shall estab10 lish a performance accountability system to track 

11 each major infrastructure project. 

12 ‘‘(2) REQUIREMENTS.—The performance ac13 countability system under paragraph (1) shall, for 

14 each major infrastructure project, track, at a min15 imum— 

16 ‘‘(A) the environmental review process for 

17 the major infrastructure project, including the 

18 project schedule; 

19 ‘‘(B) whether the lead agency, cooperating 

20 agencies, and participating agencies are meet21 ing the schedule established for the environ22 mental review process; and 

23 ‘‘(C) the time taken to complete the envi24 ronmental review process. 

25 ‘‘(q) ADOPTION OF CATEGORICAL EXCLUSIONS.— 


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1 ‘‘(1) IN GENERAL.—Not later than 60 days 

2 after the date of enactment of this subsection, the 

3 Secretary shall— 

4 ‘‘(A) in consultation with the entities de5 scribed in paragraph (2), identify the categor6 ical exclusions described in section 771.117 of 

7 title 23, Code of Federal Regulations (or suc8 cessor regulations), that would accelerate deliv9 ery of a project if those categorical exclusions 

10 were available to those entities; 

11 ‘‘(B) collect existing documentation and 

12 substantiating information on the categorical 

13 exclusions described in subparagraph (A); and 

14 ‘‘(C) provide to each entity described in 

15 paragraph (2) a list of the categorical exclu16 sions identified under subparagraph (A) and 

17 the documentation and substantiating informa18 tion under subparagraph (B). 

19 ‘‘(2) ENTITIES DESCRIBED.—The entities re20 ferred to in paragraph (1) are— 

21 ‘‘(A) the Secretary of the Interior; 

22 ‘‘(B) the Secretary of the Army; 

23 ‘‘(C) the Secretary of Commerce; 

24 ‘‘(D) the Secretary of Agriculture; 

25 ‘‘(E) the Secretary of Energy; 


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1 ‘‘(F) the Secretary of Defense; and 

2 ‘‘(G) the head of any other Federal agency 

3 that has participated in an environmental re4 view process, as determined by the Secretary. 

5 ‘‘(3) ADOPTION OF CATEGORICAL EXCLU6 SIONS.—If an entity described in paragraph (2) de7 termines that a categorical exclusion identified under 

8 paragraph (1)(A) meets the criteria for a categorical 

9 exclusion under section 1508.4 of title 40, Code of 

10 Federal Regulations (or successor regulations), not 

11 later than 2 years after the date on which the Sec12 retary provides the list under paragraph (1)(C), the 

13 entity shall publish a notice of proposed rulemaking 

14 to propose a new categorical exclusion.’’. 

15 (b) CLERICAL AMENDMENT.—The analysis for chap16 ter 1 of title 23, United States Code, is amended by strik17 ing the item relating to section 139 and inserting the fol18 lowing: 

‘‘139. Efficient environmental reviews for project decisionmaking and One Federal Decision.’’. 

19 SEC. 1302. WORK ZONE PROCESS REVIEWS. 

20 The Secretary shall amend section 630.1008(e) of 

21 title 23, Code of Federal Regulations, to ensure that the 

22 work zone process review under that subsection is required 

23 not more frequently than once every 5 years. 


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1 SEC. 1303. TRANSPORTATION MANAGEMENT PLANS. 

2 (a) IN GENERAL.—The Secretary shall amend sec3 tion 630.1010(c) of title 23, Code of Federal Regulations, 

4 to ensure that only a project described in that subsection 

5 with a lane closure for 3 or more consecutive days shall 

6 be considered to be a significant project for purposes of 

7 that section. 

8 (b) NON-INTERSTATE PROJECTS.—Notwithstanding 

9 any other provision of law, a State shall not be required 

10 to develop or implement a transportation management 

11 plan (as described in section 630.1012 of title 23, Code 

12 of Federal Regulations (or successor regulations)) for a 

13 highway project not on the Interstate System if the project 

14 requires not more than 3 consecutive days of lane closures. 

15 SEC. 1304. INTELLIGENT TRANSPORTATION SYSTEMS. 

16 (a) IN GENERAL.—The Secretary shall develop guid17 ance for using existing flexibilities with respect to the sys18 tems engineering analysis described in part 940 of title 

19 23, Code of Federal Regulations (or successor regula20 tions). 

21 (b) IMPLEMENTATION.—The Secretary shall ensure 

22 that any guidance developed under subsection (a)— 

23 (1) clearly identifies criteria for low-risk and ex24 empt intelligent transportation systems projects, 

25 with a goal of minimizing unnecessary delay or pa26 perwork burden; 


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1 (2) is consistently implemented by the Depart2 ment nationwide; and 

3 (3) is disseminated to Federal-aid recipients. 

4 (c) SAVINGS PROVISION.—Nothing in this section 

5 prevents the Secretary from amending part 940 of title 

6 23, Code of Federal Regulations (or successor regula7 tions), to reduce State administrative burdens. 

8 SEC. 1305. ALTERNATIVE CONTRACTING METHODS. 

9 (a) ALTERNATIVE CONTRACTING METHODS FOR

10 FEDERAL LAND MANAGEMENT AGENCIES AND TRIBAL

11 GOVERNMENTS.—Section 201 of title 23, United States 

12 Code, is amended by adding at the end the following: 

13 ‘‘(f) ALTERNATIVE CONTRACTING METHODS.— 

14 ‘‘(1) IN GENERAL.—Notwithstanding any other 

15 provision of law (including the Federal Acquisition 

16 Regulation), a contracting method available to a 

17 State under this title may be used by the Secretary, 

18 on behalf of— 

19 ‘‘(A) a Federal land management agency, 

20 in using any funds pursuant to sections 203, 

21 204, or 308; 

22 ‘‘(B) a Federal land management agency, 

23 in using any funds pursuant to section 1535 of 

24 title 31 for any of the eligible uses described in 


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1 sections 203(a)(1) and 204(a)(1) and para2 graphs (1) and (2) of section 308(a); or 

3 ‘‘(C) a Tribal government, in using funds 

4 pursuant to section 202(b)(7)(D). 

5 ‘‘(2) METHODS DESCRIBED.—The contracting 

6 methods referred to in paragraph (1) shall include, 

7 at a minimum— 

8 ‘‘(A) project bundling; 

9 ‘‘(B) bridge bundling; 

10 ‘‘(C) design-build contracting; 

11 ‘‘(D) 2-phase contracting; 

12 ‘‘(E) long-term concession agreements; and 

13 ‘‘(F) any method tested, or that could be 

14 tested, under an experimental program relating 

15 to contracting methods carried out by the Sec16 retary. 

17 ‘‘(3) EFFECT.—Nothing in this subsection— 

18 ‘‘(A) affects the application of the Federal 

19 share for the project carried out with a con20 tracting method under this subsection; or 

21 ‘‘(B) modifies the point of obligation of 

22 Federal salaries and expenses.’’. 

23 (b) COOPERATION WITH FEDERAL AND STATE

24 AGENCIES AND FOREIGN COUNTRIES.—Section 308(a) of 


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1 title 23, United States Code, is amended by adding at the 

2 end the following: 

3 ‘‘(4) ALTERNATIVE CONTRACTING METHODS.— 

4 ‘‘(A) IN GENERAL.—Notwithstanding any 

5 other provision of law (including the Federal 

6 Acquisition Regulation), in performing services 

7 under paragraph (1), the Secretary may use 

8 any contracting method available to a State 

9 under this title. 

10 ‘‘(B) METHODS DESCRIBED.—The con11 tracting methods referred to in subparagraph 

12 (A) shall include, at a minimum— 

13 ‘‘(i) project bundling; 

14 ‘‘(ii) bridge bundling; 

15 ‘‘(iii) design-build contracting; 

16 ‘‘(iv) 2-phase contracting; 

17 ‘‘(v) long-term concession agreements; 

18 and 

19 ‘‘(vi) any method tested, or that could 

20 be tested, under an experimental program 

21 relating to contracting methods carried out 

22 by the Secretary.’’. 

23 (c) USE OF ALTERNATIVE CONTRACTING METH24 ODS.—In carrying out an alternative contracting method 


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1 under section 201(f) or 308(a)(4) of title 23, United 

2 States Code, the Secretary shall— 

3 (1) in consultation with the applicable Federal 

4 land management agencies, establish clear proce5 dures that are— 

6 (A) applicable to the alternative con7 tracting method; and 

8 (B) to the maximum extent practicable, 

9 consistent with the requirements applicable to 

10 Federal procurement transactions; 

11 (2) solicit input on the use of the alternative 

12 contracting method from the affected industry prior 

13 to using the method; and 

14 (3) analyze and prepare an evaluation of the 

15 use of the alternative contracting method. 

16 SEC. 1306. FLEXIBILITY FOR PROJECTS. 

17 Section 1420 of the FAST Act (23 U.S.C. 101 note; 

18 Public Law 114–94) is amended— 

19 (1) in subsection (a), by striking ‘‘and on re20 quest by a State, the Secretary may’’ in the matter 

21 preceding paragraph (1) and all that follows through 

22 the period at the end of paragraph (2) and inserting 

23 the following: ‘‘, on request by a State, and if in the 

24 public interest (as determined by the Secretary), the 


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1 Secretary shall exercise all existing flexibilities 

2 under— 

3 ‘‘(1) the requirements of title 23, United States 

4 Code; and 

5 ‘‘(2) other requirements administered by the 

6 Secretary, in whole or in part.’’; and 

7 (2) in subsection (b)(2)(A), by inserting ‘‘(in8 cluding regulations)’’ after ‘‘environmental law’’. 

9 SEC. 1307. IMPROVED FEDERAL-STATE STEWARDSHIP AND 

10 OVERSIGHT AGREEMENTS. 

11 (a) DEFINITION OF TEMPLATE.—In this section, the 

12 term ‘‘template’’ means a template created by the Sec13 retary for Federal-State stewardship and oversight agree14 ments that— 

15 (1) includes all standard terms found in stew16 ardship and oversight agreements, including any 

17 terms in an attachment to the agreement; 

18 (2) is developed in accordance with section 106 

19 of title 23, United States Code, or any other applica20 ble authority; and 

21 (3) may be developed with consideration of rel22 evant regulations, guidance, or policies. 

23 (b) REQUEST FOR COMMENT.— 

24 (1) IN GENERAL.—Not later than 60 days after 

25 the date of enactment of this Act, the Secretary 


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1 shall publish in the Federal Register the template 

2 and a notice requesting public comment on ways to 

3 improve the template. 

4 (2) COMMENT PERIOD.—The Secretary shall 

5 provide a period of not less than 60 days for public 

6 comment on the notice under paragraph (1). 

7 (3) CERTAIN ISSUES.—The notice under para8 graph (1) shall allow comment on any aspect of the 

9 template and shall specifically request public com10 ment on— 

11 (A) whether the template should be revised 

12 to delete standard terms requiring approval by 

13 the Secretary of the policies, procedures, proc14 esses, or manuals of the States, or other State 

15 actions, if Federal law (including regulations) 

16 does not specifically require an approval; 

17 (B) opportunities to modify the template to 

18 allow adjustments to the review schedules for 

19 State practices or actions, including through 

20 risk-based approaches, program reviews, process 

21 reviews, or other means; and 

22 (C) any other matters that the Secretary 

23 determines to be appropriate. 

24 (c) NOTICE OF ACTION; UPDATES.— 


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1 (1) IN GENERAL.—Not later than 1 year after 

2 the date of enactment of this Act, after considering 

3 the comments received in response to the Federal 

4 Register notice under subsection (b), the Secretary 

5 shall publish in the Federal Register a notice that— 

6 (A) describes any proposed changes to be 

7 made, and any alternatives to such changes, to 

8 the template; 

9 (B) addresses comments in response to 

10 which changes were not made to the template; 

11 and 

12 (C) prescribes a schedule and a plan to 

13 execute a process for implementing the changes 

14 referred to in subparagraph (A). 

15 (2) APPROVAL REQUIREMENTS.—In addressing 

16 comments under paragraph (1)(B), the Secretary 

17 shall include an explanation of the basis for retain18 ing any requirement for approval of State policies, 

19 procedures, processes, or manuals, or other State ac20 tions, if Federal law (including regulations) does not 

21 specifically require the approval. 

22 (3) IMPLEMENTATION.— 

23 (A) IN GENERAL.—Not later than 60 days 

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1 graph (1) is published, the Secretary shall make 

2 changes to the template in accordance with— 

3 (i) the changes described in the notice 

4 under paragraph (1)(A); and 

5 (ii) the schedule and plan described in 

6 the notice under paragraph (1)(C). 

7 (B) UPDATES.—Not later than 1 year 

8 after the date on which the revised template 

9 under subparagraph (A) is published, the Sec10 retary shall update existing agreements with 

11 States according to the template updated under 

12 subparagraph (A). 

13 (d) INCLUSION OF NON-STANDARD TERMS.—Noth14 ing in this section precludes the inclusion in a Federal15 State stewardship and oversight agreement of non-stand16 ard terms to address a State-specific matter, including 

17 risk-based stewardship and Department oversight involve18 ment in individual projects of division interest. 

19 (e) COMPLIANCE WITH NON-STATUTORY TERMS.— 

20 (1) IN GENERAL.—The Secretary shall not en21 force or otherwise require a State to comply with ap22 proval requirements that are not required by Federal 

23 law (including regulations) in a Federal-State stew24 ardship and oversight agreement. 


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1 (2) APPROVAL AUTHORITY.—Notwithstanding 

2 any other provision of law, the Secretary shall not 

3 assert approval authority over any matter in a Fed4 eral-State stewardship and oversight agreement re5 served to States. 

6 (f) FREQUENCY OF REVIEWS.—Section 106(g)(3) of 

7 title 23, United States Code, is amended— 

8 (1) by striking ‘‘annual’’; 

9 (2) by striking ‘‘The Secretary’’ and inserting 

10 the following: 

11 ‘‘(A) IN GENERAL.—The Secretary’’; and 

12 (3) by adding at the end the following: 

13 ‘‘(B) FREQUENCY.— 

14 ‘‘(i) IN GENERAL.—Except as pro15 vided in clauses (ii) and (iii), the Secretary 

16 shall carry out a review under subpara17 graph (A) not less frequently than once 

18 every 2 years. 

19 ‘‘(ii) CONSULTATION WITH STATE.— 

20 The Secretary, after consultation with a 

21 State, may make a determination to carry 

22 out a review under subparagraph (A) for 

23 that State less frequently than provided 

24 under clause (i). 


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1 ‘‘(iii) CAUSE.—If the Secretary deter2 mines that there is a specific reason to re3 quire a review more frequently than pro4 vided under clause (i) with respect to a 

5 State, the Secretary may carry out a re6 view more frequently than provided under 

7 that clause.’’. 

8 SEC. 1308. GEOMATIC DATA. 

9 (a) IN GENERAL.—The Secretary shall develop guid10 ance for the acceptance and use of information obtained 

11 from a non-Federal entity through geomatic techniques, 

12 including remote sensing and land surveying, cartography, 

13 geographic information systems, global navigation satellite 

14 systems, photogrammetry, or other remote means. 

15 (b) CONSIDERATIONS.—In carrying out this section, 

16 the Secretary shall ensure that acceptance or use of infor17 mation described in subsection (a) meets the data quality 

18 and operational requirements of the Secretary. 

19 (c) PUBLIC COMMENT.—Before issuing any final 

20 guidance under subsection (a), the Secretary shall provide 

21 to the public— 

22 (1) notice of the proposed guidance; and 

23 (2) an opportunity to comment on the proposed 

24 guidance. 

25 (d) SAVINGS CLAUSE.—Nothing in this section— 


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1 (1) requires the Secretary to accept or use in2 formation that the Secretary determines does not 

3 meet the guidance developed under this section; or 

4 (2) changes the current statutory or regulatory 

5 requirements of the Department. 

6 SEC. 1309. EVALUATION OF PROJECTS WITHIN AN OPER7 ATIONAL RIGHT-OF-WAY. 

8 (a) IN GENERAL.—Chapter 3 of title 23, United 

9 States Code, is amended by adding at the end the fol10 lowing: 

11 ‘‘§ 331. Evaluation of projects within an operational 

12 right-of-way 

13 ‘‘(a) DEFINITIONS.— 

14 ‘‘(1) ELIGIBLE PROJECT OR ACTIVITY.— 

15 ‘‘(A) IN GENERAL.—In this section, the 

16 term ‘eligible project or activity’ means a 

17 project or activity within an existing operational 

18 right-of-way (as defined in section 

19 771.117(c)(22) of title 23, Code of Federal 

20 Regulations (or successor regulations))— 

21 ‘‘(i)(I) eligible for assistance under 

22 this title; or 

23 ‘‘(II) administered as if made avail24 able under this title; 

25 ‘‘(ii) that is— 


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1 ‘‘(I) a preventive maintenance, 

2 preservation, or highway safety im3 provement project (as defined in sec4 tion 148(a)); or 

5 ‘‘(II) a new turn lane that the 

6 State advises in writing to the Sec7 retary would assist public safety; and 

8 ‘‘(iii) that— 

9 ‘‘(I) is classified as a categorical 

10 exclusion under section 771.117 of 

11 title 23, Code of Federal Regulations 

12 (or successor regulations); or 

13 ‘‘(II) if the project or activity 

14 does not receive assistance described 

15 in clause (i) would be considered a 

16 categorical exclusion if the project or 

17 activity received assistance described 

18 in clause (i). 

19 ‘‘(B) EXCLUSION.—The term ‘eligible 

20 project or activity’ does not include a project to 

21 create a new travel lane. 

22 ‘‘(2) PRELIMINARY EVALUATION.—The term 

23 ‘preliminary evaluation’, with respect to an applica24 tion described in subsection (b)(1), means an evalua25 tion that is customary or practicable for the relevant 


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1 agency to complete within a 45-day period for simi2 lar applications. 

3 ‘‘(3) RELEVANT AGENCY.—The term ‘relevant 

4 agency’ means a Federal agency, other than the 

5 Federal Highway Administration, with responsibility 

6 for review of an application from a State for a per7 mit, approval, or jurisdictional determination for an 

8 eligible project or activity. 

9 ‘‘(b) ACTION REQUIRED.— 

10 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

11 not later than 45 days after the date of receipt of 

12 an application by a State for a permit, approval, or 

13 jurisdictional determination for an eligible project or 

14 activity, the head of the relevant agency shall— 

15 ‘‘(A) make at least a preliminary evalua16 tion of the application; and 

17 ‘‘(B) notify the State of the results of the 

18 preliminary evaluation under subparagraph (A). 

19 ‘‘(2) EXTENSION.—The head of the relevant 

20 agency may extend the review period under para21 graph (1) by not more than 30 days if the head of 

22 the relevant agency provides to the State written no23 tice that includes an explanation of the need for the 

24 extension. 


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1 ‘‘(3) FAILURE TO ACT.—If the head of the rel2 evant agency fails to meet a deadline under para3 graph (1) or (2), as applicable, the head of the rel4 evant agency shall— 

5 ‘‘(A) not later than 30 days after the date 

6 of the missed deadline, submit to the State, the 

7 Committee on Environment and Public Works 

8 of the Senate, and the Committee on Transpor9 tation and Infrastructure of the House of Rep10 resentatives a report that describes why the 

11 deadline was missed; and 

12 ‘‘(B) not later than 14 days after the date 

13 on which a report is submitted under subpara14 graph (A), make publicly available, including on 

15 the internet, a copy of that report.’’. 

16 (b) CLERICAL AMENDMENT.—The analysis for chap17 ter 3 of title 23, United States Code, is amended by add18 ing at the end the following: 

‘‘331. Evaluation of projects within an operational right-of-way.’’. 

19 SEC. 1310. DEPARTMENT OF TRANSPORTATION REPORTS. 

20 (a) IN GENERAL.—Chapter 3 of title 23, United 

21 States Code (as amended by section 1309(a)), is amended 

22 by adding at the end the following: 


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1 ‘‘§ 332. Department of Transportation reports 

2 ‘‘(a) DEFINITION OF DASHBOARD.—In this section, 

3 the term ‘Dashboard’ has the meaning given the term in 

4 section 41001 of the FAST Act (42 U.S.C. 4370m). 

5 ‘‘(b) REPORTS.—Not later than January 31 of each 

6 year, the Secretary shall submit to the Committee on En7 vironment and Public Works of the Senate and the Com8 mittee on Transportation and Infrastructure of the House 

9 of Representatives a report with respect to any projects, 

10 programs, or authorities under this title (other than chap11 ter 4) that includes— 

12 ‘‘(1) for the preceding fiscal year— 

13 ‘‘(A) the median time described in sub14 section (c)(1) posted on the Dashboard for 

15 projects described in subsection (c)(2); 

16 ‘‘(B) a list of any new categorical exclu17 sions adopted by the Department and listed 

18 under section 771.117 of title 23, Code of Fed19 eral Regulations (or successor regulations); and 

20 ‘‘(C) a list of all regulatory requirements 

21 that have been removed or reduced and, if 

22 available, a summary of the cost savings result23 ing from the removal or reduction to— 

24 ‘‘(i) States; 

25 ‘‘(ii) units of Tribal and local govern26 ment; and 


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1 ‘‘(iii) the public; and 

2 ‘‘(2) for the current fiscal year— 

3 ‘‘(A) an estimate or documentation of the 

4 median time elapsed between— 

5 ‘‘(i) the date of the publication in the 

6 Federal Register of a notice of intent to 

7 prepare an environmental impact state8 ment; and 

9 ‘‘(ii) the date of the record of decision 

10 with respect to that environmental impact 

11 statement by the Department; and 

12 ‘‘(B) if available, a summary of the cost 

13 savings, including cost savings to States, units 

14 of Tribal and local government, and the public, 

15 resulting from the removal or reduction of regu16 latory requirements. 

17 ‘‘(c) FEDERAL PERMITTING DASHBOARD.— 

18 ‘‘(1) IN GENERAL.—Not later than January 31 

19 of each year, the Secretary shall provide to the Ex20 ecutive Director of the Federal Permitting Improve21 ment Steering Council established under section 

22 41002(a) of the FAST Act (42 U.S.C. 4370m–1(a)), 

23 to make available on the Dashboard, with respect to 

24 projects described in paragraph (2), the median time 

25 elapsed between— 


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1 ‘‘(A) the publication in the Federal Reg2 ister of the notice of intent to prepare an envi3 ronmental impact statement; and 

4 ‘‘(B) the date of issuance of the record of 

5 decision with respect to that environmental im6 pact statement by the Department of Transpor7 tation. 

8 ‘‘(2) PROJECTS DESCRIBED.—A project re9 ferred to in paragraph (1) is a project for which— 

10 ‘‘(A) a record of decision for an environ11 mental impact statement was issued during the 

12 preceding fiscal year; and 

13 ‘‘(B) the Department of Transportation is 

14 a lead agency (as defined in section 139).’’. 

15 (b) CLERICAL AMENDMENT.—The analysis for chap16 ter 3 of title 23, United States Code (as amended by sec17 tion 1309(b)), is amended by adding at the end the fol18 lowing: 

‘‘332. Department of Transportation reports.’’. 

19 Subtitle D—Climate Change 

20 SEC. 1401. GRANTS FOR CHARGING AND FUELING INFRA21 STRUCTURE TO MODERNIZE AND RECON22 NECT AMERICA FOR THE 21ST CENTURY. 

23 (a) PURPOSE.—The purpose of this section is to es24 tablish a grant program to strategically deploy electric ve25 hicle charging infrastructure, hydrogen fueling infrastrucVerDate Sep 11 2014 00:29 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00237 Fmt 6652 Sfmt 6201 E:\BILLS\S2302.IS S2302

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1 ture, and natural gas fueling infrastructure along des2 ignated alternative fuel corridors that will be accessible to 

3 all drivers of electric vehicles, hydrogen vehicles, and nat4 ural gas vehicles. 

5 (b) GRANT PROGRAM.—Section 151 of title 23, 

6 United States Code, is amended— 

7 (1) in subsection (a), by striking ‘‘Not later 

8 than 1 year after the date of enactment of the 

9 FAST Act, the Secretary shall’’ and inserting ‘‘The 

10 Secretary shall periodically’’; 

11 (2) in subsection (b)(2), by inserting ‘‘pre12 viously designated by the Federal Highway Adminis13 tration or’’ before ‘‘designated by’’; 

14 (3) in subsection (d)— 

15 (A) by striking ‘‘5 years after the date of 

16 establishment of the corridors under subsection 

17 (a), and every 5 years thereafter,’’ and insert18 ing ‘‘180 days after the date of enactment of 

19 the America’s Transportation Infrastructure 

20 Act of 2019,’’; and 

21 (B) by inserting ‘‘establish a recurring 

22 process to regularly’’ before ‘‘update’’; 

23 (4) in subsection (e)— 

24 (A) in paragraph (1), by striking ‘‘and’’ at 

25 the end; 


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1 (B) in paragraph (2)— 

2 (i) by striking ‘‘establishes an aspira3 tional goal of achieving’’ and inserting ‘‘de4 scribes efforts, including through funds 

5 awarded through the grant program under 

6 subsection (f), that will aid efforts to 

7 achieve’’; and 

8 (ii) by striking ‘‘by the end of fiscal 

9 year 2020.’’ and inserting ‘‘; and’’; and 

10 (C) by adding at the end the following: 

11 ‘‘(3) summarizes best practices and provides 

12 guidance, developed through consultation with the 

13 Secretary of Energy, for project development of elec14 tric vehicle charging infrastructure, hydrogen fueling 

15 infrastructure, and natural gas fueling infrastruc16 ture at the State, Tribal, and local level to allow for 

17 the predictable deployment of that infrastructure.’’; 

18 and 

19 (5) by adding at the end the following: 

20 ‘‘(f) GRANT PROGRAM.— 

21 ‘‘(1) ESTABLISHMENT.—Not later than 1 year 

22 after the date of enactment of the America’s Trans23 portation Infrastructure Act of 2019, the Secretary 

24 shall establish a grant program to award grants to 


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1 eligible entities to carry out the activities described 

2 in paragraph (5). 

3 ‘‘(2) ELIGIBLE ENTITIES.—An entity eligible to 

4 receive a grant under this subsection is— 

5 ‘‘(A) a State or political subdivision of a 

6 State; 

7 ‘‘(B) a metropolitan planning organization; 

8 ‘‘(C) a unit of local government; 

9 ‘‘(D) a special purpose district or public 

10 authority with a transportation function, includ11 ing a port authority; 

12 ‘‘(E) an Indian tribe (as defined in section 

13 4 of the Indian Self-Determination and Edu14 cation Assistance Act (25 U.S.C. 5304)); 

15 ‘‘(F) an authority, agency, or instrumen16 tality of, or an entity owned by, 1 or more enti17 ties described in subparagraphs (A) through 

18 (E); or 

19 ‘‘(G) a group of entities described in sub20 paragraphs (A) through (F). 

21 ‘‘(3) APPLICATIONS.—To be eligible to receive a 

22 grant under this subsection, an eligible entity shall 

23 submit to the Secretary an application at such time, 

24 in such manner, and containing such information as 

25 the Secretary shall require, including— 


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1 ‘‘(A) a description of how the eligible enti2 ty has considered— 

3 ‘‘(i) public accessibility of charging or 

4 fueling infrastructure proposed to be fund5 ed with a grant under this subsection, in6 cluding— 

7 ‘‘(I) charging or fueling con8 nector types and publicly available in9 formation on real-time availability; 

10 and 

11 ‘‘(II) payment methods to ensure 

12 secure, convenient, fair, and equal ac13 cess; 

14 ‘‘(ii) collaborative engagement with 

15 stakeholders (including automobile manu16 facturers, utilities, infrastructure pro17 viders, technology providers, electric charg18 ing, hydrogen, and natural gas fuel pro19 viders, metropolitan planning organiza20 tions, States, Indian tribes, and units of 

21 local governments, fleet owners, fleet man22 agers, fuel station owners and operators, 

23 labor organizations, infrastructure con24 struction and component parts suppliers, 

25 and multi-State and regional entities)— 


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1 ‘‘(I) to foster enhanced, coordi2 nated, public-private or private invest3 ment in electric vehicle charging infra4 structure, hydrogen fueling infrastruc5 ture, or natural gas fueling infrastruc6 ture; 

7 ‘‘(II) to expand deployment of 

8 electric vehicle charging infrastruc9 ture, hydrogen fueling infrastructure, 

10 or natural gas fueling infrastructure; 

11 ‘‘(III) to protect personal privacy 

12 and ensure cybersecurity; and 

13 ‘‘(IV) to ensure that a properly 

14 trained workforce is available to con15 struct and install electric vehicle 

16 charging infrastructure, hydrogen 

17 fueling infrastructure, or natural gas 

18 fueling infrastructure; 

19 ‘‘(iii) the location of the station or 

20 fueling site, such as consideration of— 

21 ‘‘(I) the availability of onsite 

22 amenities for vehicle operators, such 

23 as restrooms or food facilities; 


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1 ‘‘(II) access in compliance with 

2 the Americans with Disabilities Act of 

3 1990 (42 U.S.C. 12101 et seq.); 

4 ‘‘(III) height and fueling capacity 

5 requirements for facilities that charge 

6 or refuel large vehicles, such as semi7 trailer trucks; and 

8 ‘‘(IV) appropriate distribution to 

9 avoid redundancy and fill charging or 

10 fueling gaps; 

11 ‘‘(iv) infrastructure installation that 

12 can be responsive to technology advance13 ments, such as accommodating autono14 mous vehicles and future charging meth15 ods; and 

16 ‘‘(v) the long-term operation and 

17 maintenance of the electric vehicle charg18 ing infrastructure, hydrogen fueling infra19 structure, or natural gas fueling infra20 structure, to avoid stranded assets and 

21 protect the investment of public funds in 

22 that infrastructure; and 

23 ‘‘(B) an assessment of the estimated emis24 sions that will be reduced through the use of 

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1 gen fueling infrastructure, or natural gas fuel2 ing infrastructure, which shall be conducted 

3 using the Alternative Fuel Life-Cycle Environ4 mental and Economic Transportation 

5 (AFLEET) tool developed by Argonne National 

6 Laboratory (or a successor tool). 

7 ‘‘(4) CONSIDERATIONS.—In selecting eligible 

8 entities to receive a grant under this subsection, the 

9 Secretary shall— 

10 ‘‘(A) consider the extent to which the ap11 plication of the eligible entity would— 

12 ‘‘(i) improve alternative fueling cor13 ridor networks by— 

14 ‘‘(I) converting corridor-pending 

15 corridors to corridor-ready corridors; 

16 or 

17 ‘‘(II) in the case of corridor18 ready corridors, providing redun19 dancy— 

20 ‘‘(aa) to meet excess demand 

21 for charging or fueling infra22 structure; or 

23 ‘‘(bb) to reduce congestion 

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1 frastructure in high-traffic loca2 tions; 

3 ‘‘(ii) meet current or anticipated mar4 ket demands for charging or fueling infra5 structure; 

6 ‘‘(iii) enable or accelerate the con7 struction of charging or fueling infrastruc8 ture that would be unlikely to be completed 

9 without Federal assistance; and 

10 ‘‘(iv) support a long-term competitive 

11 market for electric vehicle charging infra12 structure, hydrogen fueling infrastructure, 

13 or natural gas fueling infrastructure that 

14 does not significantly impair existing elec15 tric vehicle charging infrastructure, hydro16 gen fueling infrastructure, or natural gas 

17 fueling infrastructure providers; 

18 ‘‘(B) ensure, to the maximum extent prac19 ticable, geographic diversity among grant recipi20 ents to ensure that electric vehicle charging in21 frastructure, hydrogen fueling infrastructure, or 

22 natural gas fueling infrastructure is available 

23 throughout the United States; 


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1 ‘‘(C) consider whether the private entity 

2 that the eligible entity contracts with under 

3 paragraph (5)— 

4 ‘‘(i) submits to the Secretary the most 

5 recent year of audited financial statements; 

6 and 

7 ‘‘(ii) has experience in installing and 

8 operating electric vehicle charging infra9 structure, hydrogen fueling infrastructure, 

10 or natural gas fueling infrastructure; and 

11 ‘‘(D) consider whether, to the maximum 

12 extent practicable, the eligible entity and the 

13 private entity that the eligible entity contracts 

14 with under paragraph (5) enter into an agree15 ment— 

16 ‘‘(i) to operate and maintain publicly 

17 available electric vehicle charging infra18 structure, hydrogen fueling infrastructure, 

19 or natural gas infrastructure; and 

20 ‘‘(ii) that provides a remedy and an 

21 opportunity to cure if the requirements de22 scribed in clause (i) are not met. 

23 ‘‘(5) USE OF FUNDS.— 

24 ‘‘(A) IN GENERAL.—An eligible entity re25 ceiving a grant under this subsection shall only 


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1 use the funds in accordance with this paragraph 

2 to contract with a private entity for acquisition 

3 and installation of publicly accessible electric 

4 vehicle charging infrastructure, hydrogen fuel5 ing infrastructure, or natural gas fueling infra6 structure that is directly related to the charging 

7 or fueling of a vehicle. 

8 ‘‘(B) LOCATION OF INFRASTRUCTURE.— 

9 Any electric vehicle charging infrastructure, hy10 drogen fueling infrastructure, or natural gas 

11 fueling infrastructure acquired and installed 

12 with a grant under this subsection shall be lo13 cated along an alternative fuel corridor des14 ignated— 

15 ‘‘(i) under this section, on the condi16 tion that any affected Indian tribes are 

17 consulted before the designation; or 

18 ‘‘(ii) by a State or group of States, 

19 such as the Regional Electric Vehicle West 

20 Plan of the States of Arizona, Colorado, 

21 Idaho, Montana, Nevada, New Mexico, 

22 Utah, and Wyoming, on the condition that 

23 any affected Indian tribes are consulted 

24 before the designation. 

25 ‘‘(C) OPERATING ASSISTANCE.— 


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1 ‘‘(i) IN GENERAL.—Subject to clauses 

2 (ii) and (iii), an eligible entity that receives 

3 a grant under this subsection may use a 

4 portion of the funds to provide to a private 

5 entity operating assistance for the first 5 

6 years of operations after the installation of 

7 electric vehicle charging infrastructure, hy8 drogen fueling infrastructure, or natural 

9 gas fueling infrastructure while the facility 

10 transitions to independent system oper11 ations. 

12 ‘‘(ii) INCLUSIONS.—Operating assist13 ance under this subparagraph shall be lim14 ited to costs allocable to operating and 

15 maintaining the electric vehicle charging 

16 infrastructure, hydrogen fueling infrastruc17 ture, or natural gas fueling infrastructure 

18 and service, including costs associated with 

19 labor, marketing, and administrative costs. 

20 ‘‘(iii) LIMITATION.—Operating assist21 ance under this subparagraph may not ex22 ceed the amount of a contract under sub23 paragraph (A) to acquire and install pub24 licly accessible electric vehicle charging inVerDate Sep 11 2014 00:29 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00248 Fmt 6652 Sfmt 6201 E:\BILLS\S2302.IS S2302

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1 frastructure, hydrogen fueling infrastruc2 ture, or natural gas fueling infrastructure. 

3 ‘‘(D) SIGNS.— 

4 ‘‘(i) IN GENERAL.—Subject to this 

5 paragraph and paragraph (6)(B), an eligi6 ble entity that receives a grant under this 

7 subsection may use a portion of the funds 

8 to acquire and install— 

9 ‘‘(I) traffic control devices lo10 cated in the right-of-way to provide 

11 directional information to electric ve12 hicle charging infrastructure, hydro13 gen fueling infrastructure, or natural 

14 gas fueling infrastructure acquired, 

15 installed, or operated with the grant; 

16 and 

17 ‘‘(II) on-premises signs to pro18 vide information about electric vehicle 

19 charging infrastructure, hydrogen 

20 fueling infrastructure, or natural gas 

21 fueling infrastructure acquired, in22 stalled, or operated with a grant 

23 under this subsection. 

24 ‘‘(ii) APPLICABILITY.—Clause (i) shall 

25 apply only to an eligible entity that— 


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1 ‘‘(I) receives a grant under this 

2 subsection; and 

3 ‘‘(II) is using that grant for the 

4 acquisition and installation of publicly 

5 accessible electric vehicle charging in6 frastructure, hydrogen fueling infra7 structure, or natural gas fueling infra8 structure. 

9 ‘‘(iii) LIMITATION ON AMOUNT.—The 

10 amount of funds used to acquire and in11 stall traffic control devices and on-premises 

12 signs under clause (i) may not exceed the 

13 amount of a contract under subparagraph 

14 (A) to acquire and install publicly acces15 sible charging or fueling infrastructure. 

16 ‘‘(iv) NO NEW AUTHORITY CRE17 ATED.—Nothing in this subparagraph au18 thorizes an eligible entity that receives a 

19 grant under this subsection to acquire and 

20 install traffic control devices or on-prem21 ises signs if the entity is not otherwise au22 thorized to do so. 

23 ‘‘(E) REVENUE.—An eligible entity receiv24 ing a grant under this subsection and a private 

25 entity referred to in subparagraph (A) may 


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1 enter into a cost-sharing agreement under 

2 which the private entity submits to the eligible 

3 entity a portion of the revenue from the electric 

4 vehicle charging infrastructure, hydrogen fuel5 ing infrastructure, or natural gas fueling infra6 structure. 

7 ‘‘(6) PROJECT REQUIREMENTS.— 

8 ‘‘(A) IN GENERAL.—Notwithstanding any 

9 other provision of law, any project funded by a 

10 grant under this subsection shall be treated as 

11 a project on a Federal-aid highway under this 

12 chapter. 

13 ‘‘(B) SIGNS.—Any traffic control device or 

14 on-premises sign acquired, installed, or operated 

15 with a grant under this subsection shall comply 

16 with— 

17 ‘‘(i) the Manual on Uniform Traffic 

18 Control Devices, if located in the right-of19 way; and 

20 ‘‘(ii) other provisions of Federal, 

21 State, and local law, as applicable. 

22 ‘‘(7) FEDERAL SHARE.— 

23 ‘‘(A) IN GENERAL.—The Federal share of 

24 the cost of a project carried out with a grant 


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1 under this subsection shall not exceed 80 per2 cent of the total project cost. 

3 ‘‘(B) RESPONSIBILITY OF PRIVATE ENTI4 TY.—As a condition of contracting with an eli5 gible entity under paragraph (5), a private enti6 ty shall agree to pay the share of the cost of 

7 a project carried out with a grant under this 

8 subsection that is not paid by the Federal Gov9 ernment under subparagraph (A). 

10 ‘‘(8) REPORT.—Not later than 3 years after the 

11 date of enactment of this subsection, the Secretary 

12 shall submit to the Committee on Environment and 

13 Public Works of the Senate and the Committee on 

14 Transportation and Infrastructure of the House of 

15 Representatives and make publicly available a report 

16 on the progress and implementation of this sub17 section.’’. 

18 SEC. 1402. REDUCTION OF TRUCK EMISSIONS AT PORT FA19 CILITIES. 

20 (a) ESTABLISHMENT OF PROGRAM.— 

21 (1) IN GENERAL.—The Secretary shall establish 

22 a program to reduce idling at port facilities, under 

23 which the Secretary shall— 

24 (A) study how ports and intermodal port 

25 transfer facilities would benefit from increased 


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1 opportunities to reduce emissions at ports, in2 cluding through the electrification of port oper3 ations; 

4 (B) study emerging technologies and strat5 egies that may help reduce port-related emis6 sions from idling trucks; and 

7 (C) coordinate and provide funding to test, 

8 evaluate, and deploy projects that reduce port9 related emissions from idling trucks, including 

10 through the advancement of port electrification 

11 and improvements in efficiency, focusing on 

12 port operations, including heavy-duty commer13 cial vehicles, and other related projects. 

14 (2) CONSULTATION.—In carrying out the pro15 gram under this subsection, the Secretary may con16 sult with the Secretary of Energy and the Adminis17 trator of the Environmental Protection Agency. 

18 (b) GRANTS.— 

19 (1) IN GENERAL.—In carrying out subsection 

20 (a)(1)(C), the Secretary shall award grants to fund 

21 projects that reduce emissions at ports, including 

22 through the advancement of port electrification. 

23 (2) COST SHARE.—A grant awarded under 

24 paragraph (1) shall not exceed 80 percent of the 

25 total cost of the project funded by the grant. 


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1 (3) COORDINATION.—In carrying out the grant 

2 program under this subsection, the Secretary shall— 

3 (A) to the maximum extent practicable, le4 verage existing resources and programs of the 

5 Department and other relevant Federal agen6 cies; and 

7 (B) coordinate with other Federal agen8 cies, as the Secretary determines to be appro9 priate. 

10 (4) APPLICATION; SELECTION.— 

11 (A) APPLICATION.—The Secretary shall 

12 solicit applications for grants under paragraph 

13 (1) at such time, in such manner, and con14 taining such information as the Secretary deter15 mines to be necessary. 

16 (B) SELECTION.—The Secretary shall 

17 make grants under paragraph (1) by not later 

18 than April 1 of each fiscal year for which fund19 ing is made available. 

20 (c) REPORT.—Not later than 1 year after the date 

21 on which all of the projects funded with a grant under 

22 subsection (b) are completed, the Secretary shall submit 

23 to Congress a report that includes— 

24 (1) the findings of the studies described in sub25 paragraphs (A) and (B) of subsection (a)(1); 


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1 (2) the results of the projects that received a 

2 grant under subsection (b); 

3 (3) any recommendations for workforce develop4 ment and training opportunities with respect to port 

5 electrification; and 

6 (4) any policy recommendations based on the 

7 findings and results described in paragraphs (1) and 

8 (2). 

9 SEC. 1403. CARBON REDUCTION INCENTIVE PROGRAMS. 

10 (a) IN GENERAL.—Chapter 1 of title 23, United 

11 States Code (as amended by section 1203(a)), is amended 

12 by adding at the end the following: 

13 ‘‘§ 177. Formula carbon reduction incentive program 

14 ‘‘(a) DEFINITIONS.—In this section: 

15 ‘‘(1) METROPOLITAN PLANNING ORGANIZATION; 

16 URBANIZED AREA.—The terms ‘metropolitan plan17 ning organization’ and ‘urbanized area’ have the 

18 meaning given those terms in section 134(b). 

19 ‘‘(2) TRANSPORTATION EMISSIONS.—The term 

20 ‘transportation emissions’ means carbon dioxide 

21 emissions from on-road highway sources of those 

22 emissions within a State. 

23 ‘‘(3) TRANSPORTATION MANAGEMENT AREA.— 

24 The term ‘transportation management area’ means 


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1 a transportation management area identified or des2 ignated by the Secretary under section 134(k)(1). 

3 ‘‘(b) FORMULA CARBON REDUCTION AWARDS.— 

4 ‘‘(1) IN GENERAL.—For each fiscal year, the 

5 Secretary shall distribute among the States the 

6 amounts made available to carry out this section for 

7 that fiscal year in accordance with paragraph (2). 

8 ‘‘(2) DISTRIBUTION.—The amount for each 

9 State shall be determined by multiplying the total 

10 amount made available to carry out this section for 

11 the applicable fiscal year by the ratio that— 

12 ‘‘(A) the total base apportionment for the 

13 State under section 104(c); bears to 

14 ‘‘(B) the total base apportionments for all 

15 States under section 104(c). 

16 ‘‘(c) EMISSIONS REDUCTION SUPPLEMENTAL.— 

17 ‘‘(1) IN GENERAL.—A State shall use 50 per18 cent of the amount distributed to the State under 

19 subsection (b) for each fiscal year to carry out ac20 tivities under paragraph (2). 

21 ‘‘(2) ELIGIBLE ACTIVITIES.—Subject to para22 graph (3), a State and any metropolitan planning 

23 organization that is required to obligate funds in ac24 cordance with subsection (e) shall use the funds 


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1 under paragraph (1) for activities designed to reduce 

2 transportation emissions, including— 

3 ‘‘(A) a project described in paragraph (4), 

4 (5), (7), or (8) of subsection (b) of section 149 

5 or subsection (c)(2) of that section, regardless 

6 of whether the project— 

7 ‘‘(i) is located in an area designated 

8 as a nonattainment or maintenance area, 

9 as described in section 149(b); or 

10 ‘‘(ii) is likely to contribute to the at11 tainment or maintenance in the area of a 

12 national ambient air quality standard; 

13 ‘‘(B) a project that is eligible for assist14 ance under section 142; 

15 ‘‘(C) a project for the provision of facilities 

16 for pedestrians and bicyclists (including the 

17 conversion and use of rail corridors for pedes18 trian and bike trails); 

19 ‘‘(D) a project that is described in section 

20 503(c)(4)(E); 

21 ‘‘(E) a project to reduce emissions from 

22 port-related equipment and vehicles; 

23 ‘‘(F) a project to replace street lighting 

24 and traffic control devices with energy efficient 

25 alternatives; and 


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1 ‘‘(G) the development of a carbon reduc2 tion strategy under subsection (d)(1)(A). 

3 ‘‘(3) LIMITATION.—No funds provided under 

4 paragraph (1) may be used for a project that will re5 sult in the construction of new capacity available to 

6 single-occupant vehicles. 

7 ‘‘(4) FEDERAL SHARE.—The Federal share of 

8 the cost of a project carried out with funds under 

9 paragraph (1) shall be determined in accordance 

10 with section 120. 

11 ‘‘(d) CARBON REDUCTION STRATEGY PLANNING IN12 CENTIVE.— 

13 ‘‘(1) CARBON REDUCTION STRATEGY.— 

14 ‘‘(A) IN GENERAL.—A State may, in con15 sultation with a metropolitan planning organi16 zation within the State, develop a carbon reduc17 tion strategy. 

18 ‘‘(B) REQUIREMENTS.—If a State develops 

19 a carbon reduction strategy under subpara20 graph (A), the carbon reduction strategy 

21 shall— 

22 ‘‘(i) identify projects and strategies to 

23 reduce transportation emissions, which 

24 may include projects and strategies for 

25 safe, reliable, and cost-effective options— 


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1 ‘‘(I) to reduce traffic congestion 

2 on Federal-aid highways located with3 in the State or the area served by the 

4 metropolitan planning organization, as 

5 applicable; 

6 ‘‘(II) to facilitate the use of alter7 natives to single-occupant vehicle 

8 trips, including public transportation 

9 facilities, pedestrian facilities, bicycle 

10 facilities, and shared or pooled vehicle 

11 trips within the State or an area 

12 served by the metropolitan planning 

13 organization, if any; 

14 ‘‘(III) to facilitate the use of ve15 hicles or modes of travel that result in 

16 lower transportation emissions per 

17 person-mile traveled; and 

18 ‘‘(IV) to facilitate approaches to 

19 transportation asset construction and 

20 maintenance that result in lower 

21 transportation emissions; 

22 ‘‘(ii) set targets for the reduction of 

23 transportation emissions and implementa24 tion of the projects and strategies identi25 fied under clause (i); 


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1 ‘‘(iii) be appropriate to the population 

2 density and context of the State, including 

3 a metropolitan planning organization with4 in the State, if any; 

5 ‘‘(iv) provide a reasonable opportunity 

6 for participation and review by interested 

7 parties within the State; 

8 ‘‘(v) be updated not less frequently 

9 than once every 3 years; and 

10 ‘‘(vi) be reviewed and certified by the 

11 Secretary to have met the requirements of 

12 this subparagraph. 

13 ‘‘(2) CARBON REDUCTION STRATEGY PLANNING

14 INCENTIVE.— 

15 ‘‘(A) IN GENERAL.—A State shall use 50 

16 percent of the amounts made available to the 

17 State under subsection (b) for each fiscal year 

18 for the eligible activities under subparagraph 

19 (B). 

20 ‘‘(B) ELIGIBLE ACTIVITIES.— 

21 ‘‘(i) IN GENERAL.—A State and any 

22 metropolitan planning organization in the 

23 State that is required to obligate funds in 

24 accordance with subsection (e) may use the 

25 funds under subparagraph (A) for a 


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1 project or strategy described in subsection 

2 (c)(2). 

3 ‘‘(ii) ADDITIONAL ELIGIBILITY INCEN4 TIVE.—In addition to the eligible activities 

5 under clause (i), a State and any metro6 politan planning organization in the State 

7 that is required to obligate funds in ac8 cordance with subsection (e) may use the 

9 funds under subparagraph (A) for a 

10 project eligible under section 133(b) if— 

11 ‘‘(I) the State has, within the fis12 cal year prior to the fiscal year in 

13 which the Secretary is making the 

14 grant or by a deadline established by 

15 the Secretary in the fiscal year in 

16 which the Secretary is making the 

17 grant, developed a carbon reduction 

18 strategy under paragraph (1)(A) that 

19 has been approved by the Secretary 

20 under clause (vi) of that paragraph; 

21 or 

22 ‘‘(II) the State or metropolitan 

23 planning organization has, within the 

24 4 fiscal years prior to the fiscal year 

25 in which the Secretary is making the 


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1 grant or by a deadline established by 

2 the Secretary in the fiscal year in 

3 which the Secretary is making the 

4 grant, incorporated a carbon reduc5 tion strategy under paragraph (1)(A) 

6 into— 

7 ‘‘(aa) a long-range transpor8 tation plan developed by the met9 ropolitan planning organization 

10 under section 134(c), if any; and 

11 ‘‘(bb) the long-range state12 wide transportation plan devel13 oped by the State under section 

14 135(f)(1). 

15 ‘‘(C) FEDERAL SHARE.—The Federal 

16 share of the cost of a project carried out using 

17 funds under subparagraph (A) shall be— 

18 ‘‘(i) in the case of a State or metro19 politan planning organization within a 

20 State that meets the requirements under 

21 subparagraph (B)(ii), up to 100 percent, 

22 at the discretion of the State; and 

23 ‘‘(ii) in the case of a State or metro24 politan planning organization within a 


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1 State that is not described in clause (i), 

2 determined in accordance with section 120. 

3 ‘‘(e) SUBALLOCATION REQUIREMENTS.— 

4 ‘‘(1) IN GENERAL.—For each fiscal year, of the 

5 funds made available to a State under subsections 

6 (c) and (d)— 

7 ‘‘(A) 65 percent of each amount shall be 

8 obligated, in proportion to their relative shares 

9 of the population of the State— 

10 ‘‘(i) in urbanized areas of the State 

11 with an urbanized area population of over 

12 200,000; and 

13 ‘‘(ii) in other areas of the State; and 

14 ‘‘(B) the remainder may be obligated in 

15 any area of the State. 

16 ‘‘(2) METROPOLITAN AREAS.—Funds attributed 

17 to an urbanized area under paragraph (1)(A)(i) may 

18 be obligated in the metropolitan area established 

19 under section 134 that encompasses the urbanized 

20 area. 

21 ‘‘(3) DISTRIBUTION AMONG URBANIZED AREAS

22 OF OVER 200,000 POPULATION.— 

23 ‘‘(A) IN GENERAL.—Except as provided in 

24 subparagraph (B), the amount that a State is 

25 required to obligate under paragraph (1)(A)(i) 


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1 shall be obligated in urbanized areas described 

2 in paragraph (1)(A)(i) based on the relative 

3 population of the areas. 

4 ‘‘(B) OTHER FACTORS.—The State may 

5 obligate the funds described in subparagraph 

6 (A) based on other factors if— 

7 ‘‘(i) the State and the relevant metro8 politan planning organizations jointly apply 

9 to the Secretary for the permission to base 

10 the obligation on other factors; and 

11 ‘‘(ii) the Secretary grants the request. 

12 ‘‘(4) CONSULTATION IN URBANIZED AREAS.— 

13 Before obligating funds for an eligible activity under 

14 subsection (c) or (d) in an urbanized area that is not 

15 a transportation management area, a State shall 

16 consult with any metropolitan planning organization 

17 that represents the urbanized area prior to deter18 mining which activities should be carried out. 

19 ‘‘(5) CONSULTATION IN RURAL AREAS.—Before 

20 obligating funds for an eligible activity under sub21 section (c) or (d) in a rural area, a State shall con22 sult with any regional transportation planning orga23 nization or metropolitan planning organization that 

24 represents the rural area prior to determining which 

25 activities should be carried out. 


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1 ‘‘§ 178. Carbon reduction performance program 

2 ‘‘(a) DEFINITIONS.—In this section: 

3 ‘‘(1) METROPOLITAN PLANNING ORGANIZATION; 

4 URBANIZED AREA.—The terms ‘metropolitan plan5 ning organization’ and ‘urbanized area’ have the 

6 meaning given those terms in section 134(b). 

7 ‘‘(2) QUALIFYING STATE.—The term ‘qualifying 

8 State’ means a State in which— 

9 ‘‘(A) the average annual transportation 

10 emissions within the State has grown more 

11 slowly or declined during the most recent 2-cal12 endar-year period for which data are available 

13 for transportation emissions at the time the 

14 Secretary is making the grant under this sec15 tion, as compared to the 2-calendar-year period 

16 that immediately precedes that period; or 

17 ‘‘(B) the average annual transportation 

18 emissions within the State, as estimated on a 

19 per capita basis, has grown more slowly or de20 clined during the most recent 2-calendar-year 

21 period for which data are available for transpor22 tation emissions at the time the Secretary is 

23 making the grant under this section, as com24 pared to the 2-calendar-year period that imme25 diately precedes that period. 


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1 ‘‘(3) QUALIFYING UNIT OF LOCAL GOVERN2 MENT.—The term ‘qualifying unit of local govern3 ment’ means a unit of local government in an urban4 ized area served by a metropolitan planning organi5 zation, in which— 

6 ‘‘(A) the average annual transportation 

7 emissions within the urbanized area has grown 

8 more slowly or declined during the most recent 

9 2-calendar-year period for which data are avail10 able for transportation emissions at the time 

11 the Secretary is making the grant under this 

12 section, as compared to the 2-calendar-year pe13 riod that immediately precedes that period; or 

14 ‘‘(B) the average annual transportation 

15 emissions within the urbanized area, as esti16 mated on a per capita basis, has grown more 

17 slowly or declined during the most recent 2-cal18 endar-year period for which data are available 

19 for transportation emissions at the time the 

20 Secretary is making the grant under this sec21 tion, as compared to the 2-calendar-year period 

22 that immediately precedes that period. 

23 ‘‘(4) TRANSPORTATION EMISSIONS.—The term 

24 ‘transportation emissions’ has the meaning given the 

25 term in section 177(a). 


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1 ‘‘(b) CARBON REDUCTION PERFORMANCE AND

2 PLANNING RECOGNITION AWARDS.— 

3 ‘‘(1) IN GENERAL.—The Secretary shall estab4 lish a competitive grant program to award grants to 

5 eligible entities in recognition of the achievement of 

6 the eligible entity in meeting the performance cat7 egories described in paragraph (3)(A). 

8 ‘‘(2) ELIGIBLE ENTITIES.—The Secretary shall 

9 distribute amounts under paragraph (1) to any of 

10 the following: 

11 ‘‘(A) A qualifying State. 

12 ‘‘(B) A qualifying unit of local government. 

13 ‘‘(3) PERFORMANCE CATEGORIES.— 

14 ‘‘(A) IN GENERAL.—The Secretary shall 

15 select eligible entities to receive a grant under 

16 paragraph (1) to recognize the achievement of 

17 the eligible entity in meeting any of the fol18 lowing performance categories: 

19 ‘‘(i) A significant reduction in trans20 portation emissions, as estimated on a per 

21 unit of economic output basis. 

22 ‘‘(ii) A significant reduction in trans23 portation emissions, as estimated on a per 

24 capita basis. 


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1 ‘‘(iii) Transportation emissions, as es2 timated on a per unit of economic output 

3 basis, that are among the lowest of juris4 dictions with comparable population and 

5 surface transportation system characteris6 tics. 

7 ‘‘(iv) Transportation emissions, as es8 timated on a per capita basis, that are 

9 among the lowest of jurisdictions with 

10 comparable population and surface trans11 portation system characteristics. 

12 ‘‘(v) Innovative planning efforts and 

13 the implementation of a carbon reduction 

14 strategy under section 177(d)(1)(A) or 

15 plans that lead to a reduction in transpor16 tation emissions. 

17 ‘‘(B) MERIT BASED DISTRIBUTION.—In se18 lecting among eligible entities to receive grants 

19 under paragraph (1) and the amount of each of 

20 those grants, the Secretary shall give priority to 

21 eligible entities that have achieved the most sig22 nificant levels of reductions of transportation 

23 emissions, as estimated on either a per unit of 

24 economic basis or on a per capita basis. 


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1 ‘‘(C) MULTIPLE AWARDS.—The Secretary 

2 may— 

3 ‘‘(i) award a grant under paragraph 

4 (1) to multiple eligible entities for each 

5 performance category described in sub6 paragraph (A); and 

7 ‘‘(ii) recognize achievements in each 

8 performance category described in sub9 paragraph (A)— 

10 ‘‘(I) in urban and rural areas; 

11 and 

12 ‘‘(II) on the State and local level. 

13 ‘‘(D) REPEAT AWARDS.—The Secretary 

14 may not award a grant under this subsection to 

15 the same eligible entity more than once in a 2- 

16 year period. 

17 ‘‘(4) AWARD AMOUNT.—A grant under para18 graph (1) shall be in an amount— 

19 ‘‘(A) not less than $5,000,000; and 

20 ‘‘(B) not more than $30,000,000. 

21 ‘‘(5) ELIGIBLE USES.—An eligible entity may 

22 use a grant under paragraph (1) for— 

23 ‘‘(A) an activity eligible under this title; 

24 and 

25 ‘‘(B) a project— 


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1 ‘‘(i) to maintain the condition of a 

2 Federal-aid highway, including routine 

3 maintenance; or 

4 ‘‘(ii) that— 

5 ‘‘(I) responds to a specific condi6 tion or event; and 

7 ‘‘(II) restores a Federal-aid high8 way to a functional state of oper9 ations. 

10 ‘‘(6) APPLICATIONS.—To be eligible to receive a 

11 grant under paragraph (1), an eligible entity shall 

12 submit to the Secretary an application at such time, 

13 in such manner, and containing such information as 

14 the Secretary may require. 

15 ‘‘(7) FEDERAL SHARE.—The Federal share of 

16 the cost of a project carried out using a grant under 

17 paragraph (1) shall be, as determined at the discre18 tion of the grant recipient, up to 100 percent.’’. 

19 (b) CLERICAL AMENDMENT.—The analysis for chap20 ter 1 of title 23, United States Code (as amended by sec21 tion 1203(b)), is amended by inserting after the item re22 lating to section 176 the following: 

‘‘177. Formula carbon reduction incentive program. 

‘‘178. Carbon reduction performance program.’’. 


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1 SEC. 1404. CONGESTION RELIEF PROGRAM. 

2 (a) IN GENERAL.—Section 129 of title 23, United 

3 States Code, is amended by adding at the end the fol4 lowing: 

5 ‘‘(d) CONGESTION RELIEF PROGRAM.— 

6 ‘‘(1) DEFINITIONS.—In this subsection: 

7 ‘‘(A) ELIGIBLE ENTITY.—The term ‘eligi8 ble entity’ means— 

9 ‘‘(i) a State, for the purpose of car10 rying out a project in an urbanized area 

11 with a population of more than 1,000,000; 

12 and 

13 ‘‘(ii) a metropolitan planning organi14 zation, city, or municipality, for the pur15 pose of carrying out a project in an urban16 ized area with a population of more than 

17 1,000,000. 

18 ‘‘(B) INTEGRATED CONGESTION MANAGE19 MENT SYSTEM.—The term ‘integrated conges20 tion management system’ means a system for 

21 the integration of management and operations 

22 of a regional transportation system that in23 cludes, at a minimum, traffic incident manage24 ment, work zone management, traffic signal 

25 timing, managed lanes, real-time traveler infor26 mation, and active traffic management, in order 


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1 to maximize the capacity of all facilities and 

2 modes across the applicable region. 

3 ‘‘(C) PROGRAM.—The term ‘program’ 

4 means the congestion relief program established 

5 under paragraph (2). 

6 ‘‘(2) ESTABLISHMENT.—The Secretary shall es7 tablish a congestion relief program to provide discre8 tionary grants to eligible entities to advance innova9 tive, integrated, and multimodal solutions to conges10 tion relief in the most congested metropolitan areas 

11 of the United States. 

12 ‘‘(3) PROGRAM GOALS.—The goals of the pro13 gram are to reduce highway congestion, reduce eco14 nomic and environmental costs associated with that 

15 congestion, including transportation emissions, and 

16 optimize existing highway capacity and usage of 

17 highway and transit systems through— 

18 ‘‘(A) improving intermodal integration with 

19 highways, highway operations, and highway 

20 performance; 

21 ‘‘(B) reducing or shifting highway users to 

22 off-peak travel times or to nonhighway travel 

23 modes during peak travel times; and 

24 ‘‘(C) pricing of, or based on, as applica25 ble— 


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1 ‘‘(i) parking; 

2 ‘‘(ii) use of roadways, including in 

3 designated geographic zones; or 

4 ‘‘(iii) congestion. 

5 ‘‘(4) ELIGIBLE PROJECTS.—Funds from a 

6 grant under the program may be used for a project 

7 or an integrated collection of projects, including 

8 planning, design, implementation, and construction 

9 activities, to achieve the program goals under para10 graph (3), including— 

11 ‘‘(A) deployment and operation of an inte12 grated congestion management system; 

13 ‘‘(B) deployment and operation of a system 

14 that implements or enforces high occupancy ve15 hicle toll lanes, cordon pricing, parking pricing, 

16 or congestion pricing; 

17 ‘‘(C) deployment and operation of mobility 

18 services, including establishing account-based fi19 nancial systems, commuter buses, commuter 

20 vans, express operations, paratransit, and on21 demand microtransit; and 

22 ‘‘(D) incentive programs that encourage 

23 travelers to carpool, use nonhighway travel 

24 modes during peak period, or travel during 

25 nonpeak periods. 


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1 ‘‘(5) APPLICATION; SELECTION.— 

2 ‘‘(A) APPLICATION.—To be eligible to re3 ceive a grant under the program, an eligible en4 tity shall submit to the Secretary an application 

5 at such time, in such manner, and containing 

6 such information as the Secretary may require. 

7 ‘‘(B) PRIORITY.—In providing grants 

8 under the program, the Secretary shall give pri9 ority to projects in urbanized areas that are ex10 periencing a high degree of recurrent conges11 tion. 

12 ‘‘(C) FEDERAL SHARE.—The Federal 

13 share of the cost of a project carried out with 

14 a grant under the program shall not exceed 80 

15 percent of the total project cost. 

16 ‘‘(D) MINIMUM AWARD.—A grant provided 

17 under the program shall be not less than 

18 $10,000,000. 

19 ‘‘(6) USE OF TOLLING.— 

20 ‘‘(A) IN GENERAL.—Notwithstanding sub21 section (a)(1) and section 301 and subject to 

22 subparagraphs (B) and (C), the Secretary shall 

23 allow the use of tolls on the Interstate System 

24 as part of a project carried out with a grant 

25 under the program. 


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1 ‘‘(B) REQUIREMENTS.—The Secretary 

2 may only approve the use of tolls under sub3 paragraph (A) if— 

4 ‘‘(i) the eligible entity has authority 

5 under State, and if applicable, local, law to 

6 assess the applicable toll; 

7 ‘‘(ii) the maximum toll rate for any 

8 vehicle class is not greater than the prod9 uct obtained by multiplying— 

10 ‘‘(I) the toll rate for any other 

11 vehicle class; and 

12 ‘‘(II) 5; 

13 ‘‘(iii) the toll rates are not charged or 

14 varied on the basis of State residency; 

15 ‘‘(iv) the Secretary determines that 

16 the use of tolls will enable the eligible enti17 ty to achieve the program goals under 

18 paragraph (3) without a significant impact 

19 to safety or mobility within the urbanized 

20 area in which the project is located; and 

21 ‘‘(v) the use of toll revenues complies 

22 with subsection (a)(3). 

23 ‘‘(C) LIMITATION.—The Secretary may not 

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1 tem under the program in more than 10 urban2 ized areas. 

3 ‘‘(7) FINANCIAL EFFECTS ON LOW-INCOME

4 DRIVERS.—A project under the program— 

5 ‘‘(A) shall include, if appropriate, an anal6 ysis of the potential effects of the project on 

7 low-income drivers; and 

8 ‘‘(B) may include mitigation measures to 

9 deal with any potential adverse financial effects 

10 on low-income drivers.’’. 

11 (b) HIGH OCCUPANCY VEHICLE USE OF CERTAIN

12 TOLL FACILITIES.—Section 129(a) of title 23, United 

13 States Code, is amended— 

14 (1) by redesignating paragraph (10) as para15 graph (11); and 

16 (2) by inserting after paragraph (9) the fol17 lowing: 

18 ‘‘(10) HIGH OCCUPANCY VEHICLE USE OF CER19 TAIN TOLL FACILITIES.—Notwithstanding section 

20 102(a), in the case of a toll facility that is on the 

21 Interstate System and that is constructed or con22 verted after the date of enactment of the America’s 

23 Transportation Infrastructure Act of 2019, the pub24 lic authority with jurisdiction over the toll facility 

25 shall allow high occupancy vehicles, transit, and 


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1 paratransit vehicles to use the facility at a discount 

2 rate or without charge, unless the public authority, 

3 in consultation with the Secretary, determines that 

4 the number of those vehicles using the facility re5 duces the travel time reliability of the facility.’’. 

6 SEC. 1405. FREIGHT PLANS. 

7 (a) NATIONAL AND STATE FREIGHT PLANS.— 

8 (1) NATIONAL FREIGHT STRATEGIC PLAN.— 

9 Section 70102(b) of title 49, United States Code, is 

10 amended— 

11 (A) in paragraph (10), by striking ‘‘and’’ 

12 at the end; 

13 (B) in paragraph (11), by striking the pe14 riod at the end and inserting a semicolon; and 

15 (C) by adding at the end the following: 

16 ‘‘(12) possible strategies to increase resiliency, 

17 including the ability to anticipate, prepare for, or 

18 adapt to conditions, or withstand, respond to, or re19 cover rapidly from disruptions, including extreme 

20 weather and natural disasters; 

21 ‘‘(13) strategies to promote United States eco22 nomic growth and international competitiveness; and 

23 ‘‘(14) strategies to reduce local air pollution, 

24 water runoff, and wildlife habitat loss.’’. 


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1 (2) STATE FREIGHT PLANS.—Section 70202 of 

2 title 49, United States Code, is amended— 

3 (A) in subsection (b)— 

4 (i) in paragraph (9), by striking 

5 ‘‘and’’ at the end; 

6 (ii) by redesignating paragraph (10) 

7 as paragraph (13); and 

8 (iii) by inserting after paragraph (9) 

9 the following: 

10 ‘‘(10) the most recent commercial motor vehicle 

11 parking facilities assessment conducted under sub12 section (f); 

13 ‘‘(11) strategies and goals to decrease— 

14 ‘‘(A) the severity of impacts of extreme 

15 weather and natural disasters; 

16 ‘‘(B) local air pollution; 

17 ‘‘(C) flooding, water runoff, and other ad18 verse water impacts; and 

19 ‘‘(D) wildlife habitat loss; 

20 ‘‘(12) strategies and goals to decrease the ad21 verse impact of freight transportation on commu22 nities traversed by freight railroads; and’’; 

23 (B) by redesignating subsection (e) as sub24 section (h); and 


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1 (C) by inserting after subsection (d) the 

2 following: 

3 ‘‘(e) PRIORITY.—Each State freight plan under this 

4 section shall include a requirement that the State, in car5 rying out activities under the State freight plan— 

6 ‘‘(1) enhance reliability or redundancy; or 

7 ‘‘(2) incorporate the ability to rapidly restore 

8 access and reliability. 

9 ‘‘(f) COMMERCIAL MOTOR VEHICLE PARKING FA10 CILITIES ASSESSMENTS.—As part of the development or 

11 updating, as applicable, of the State freight plan under 

12 this section, each State that receives funding under section 

13 167 of title 23, in consultation with relevant State motor 

14 carrier safety personnel, shall conduct an assessment of— 

15 ‘‘(1) the capability of the State, together with 

16 the private sector in the State, to provide adequate 

17 parking facilities and rest facilities for commercial 

18 motor vehicles engaged in interstate transportation; 

19 ‘‘(2) the volume of commercial motor vehicle 

20 traffic in the State; and 

21 ‘‘(3) whether there are any areas within the 

22 State that have a shortage of adequate commercial 

23 motor vehicle parking facilities, including an analysis 

24 (economic or otherwise, as the State determines to 


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1 be appropriate) of the underlying causes of any such 

2 shortages. 

3 ‘‘(g) APPROVAL.— 

4 ‘‘(1) IN GENERAL.—The Secretary of Transpor5 tation shall approve a State freight plan described in 

6 subsection (a) if the plan achieves compliance with 

7 the requirements of this section. 

8 ‘‘(2) SAVINGS PROVISION.—Nothing in this sub9 section establishes new procedural requirements for 

10 the approval of a State freight plan described in 

11 subsection (a).’’. 

12 (b) STUDIES.—For the purpose of facilitating the in13 tegration of freight transportation into an intelligent 

14 transportation system network powered by electricity, the 

15 Secretary, acting through the Administrator of the Fed16 eral Highway Administration, shall conduct 2 or more ap17 propriate studies relating to— 

18 (1) preparing to supply power to applicable 

19 electrical freight infrastructure; and 

20 (2) safely integrating freight into a smart vehi21 cle world. 


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1 SEC. 1406. UTILIZING SIGNIFICANT EMISSIONS WITH INNO2 VATIVE TECHNOLOGIES. 

3 (a) RESEARCH, INVESTIGATION, TRAINING, AND

4 OTHER ACTIVITIES.—Section 103 of the Clean Air Act 

5 (42 U.S.C. 7403) is amended— 

6 (1) in subsection (c)(3), in the first sentence of 

7 the matter preceding subparagraph (A), by striking 

8 ‘‘percursors’’ and inserting ‘‘precursors’’; and 

9 (2) in subsection (g)— 

10 (A) by redesignating paragraphs (1) 

11 through (4) as subparagraphs (A) through (D), 

12 respectively, and indenting appropriately; 

13 (B) in the undesignated matter following 

14 subparagraph (D) (as so redesignated)— 

15 (i) in the second sentence, by striking 

16 ‘‘The Administrator’’ and inserting the fol17 lowing: 

18 ‘‘(5) COORDINATION AND AVOIDANCE OF DU19 PLICATION.—The Administrator’’; and 

20 (ii) in the first sentence, by striking 

21 ‘‘Nothing’’ and inserting the following: 

22 ‘‘(4) EFFECT OF SUBSECTION.—Nothing’’; 

23 (C) in the matter preceding subparagraph 

24 (A) (as so redesignated)— 


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1 (i) in the third sentence, by striking 

2 ‘‘Such program’’ and inserting the fol3 lowing: 

4 ‘‘(3) PROGRAM INCLUSIONS.—The program 

5 under this subsection’’; 

6 (ii) in the second sentence— 

7 (I) by inserting ‘‘States, institu8 tions of higher education,’’ after ‘‘sci9 entists,’’; and 

10 (II) by striking ‘‘Such strategies 

11 and technologies shall be developed’’ 

12 and inserting the following: 

13 ‘‘(2) PARTICIPATION REQUIREMENT.—Such 

14 strategies and technologies described in paragraph 

15 (1) shall be developed’’; and 

16 (iii) in the first sentence, by striking 

17 ‘‘In carrying out’’ and inserting the fol18 lowing: 

19 ‘‘(1) IN GENERAL.—In carrying out’’; and 

20 (D) by adding at the end the following: 

21 ‘‘(6) CERTAIN CARBON DIOXIDE ACTIVITIES.— 

22 ‘‘(A) IN GENERAL.—In carrying out para23 graph (3)(A) with respect to carbon dioxide, the 

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1 scribed in each of subparagraphs (B), (C), (D), 

2 and (E). 

3 ‘‘(B) DIRECT AIR CAPTURE RESEARCH.— 

4 ‘‘(i) DEFINITIONS.—In this subpara5 graph: 

6 ‘‘(I) BOARD.—The term ‘Board’ 

7 means the Direct Air Capture Tech8 nology Advisory Board established by 

9 clause (iii)(I). 

10 ‘‘(II) DILUTE.—The term ‘dilute’ 

11 means a concentration of less than 1 

12 percent by volume. 

13 ‘‘(III) DIRECT AIR CAPTURE.— 

14 ‘‘(aa) IN GENERAL.—The 

15 term ‘direct air capture’, with re16 spect to a facility, technology, or 

17 system, means that the facility, 

18 technology, or system uses car19 bon capture equipment to cap20 ture carbon dioxide directly from 

21 the air. 

22 ‘‘(bb) EXCLUSION.—The 

23 term ‘direct air capture’ does not 

24 include any facility, technology, 


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1 or system that captures carbon 

2 dioxide— 

3 ‘‘(AA) that is delib4 erately released from a natu5 rally occurring subsurface 

6 spring; or 

7 ‘‘(BB) using natural 

8 photosynthesis. 

9 ‘‘(IV) INTELLECTUAL PROP10 ERTY.—The term ‘intellectual prop11 erty’ means— 

12 ‘‘(aa) an invention that is 

13 patentable under title 35, United 

14 States Code; and 

15 ‘‘(bb) any patent on an in16 vention described in item (aa). 

17 ‘‘(ii) TECHNOLOGY PRIZES.— 

18 ‘‘(I) IN GENERAL.—Not later 

19 than 1 year after the date of enact20 ment of the America’s Transportation 

21 Infrastructure Act of 2019, the Ad22 ministrator, in consultation with the 

23 Secretary of Energy, shall establish a 

24 program to provide, and shall provide, 

25 financial awards on a competitive 


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1 basis for direct air capture from 

2 media in which the concentration of 

3 carbon dioxide is dilute. 

4 ‘‘(II) DUTIES.—In carrying out 

5 this clause, the Administrator shall— 

6 ‘‘(aa) subject to subclause 

7 (III), develop specific require8 ments for— 

9 ‘‘(AA) the competition 

10 process; and 

11 ‘‘(BB) the demonstra12 tion of performance of ap13 proved projects; 

14 ‘‘(bb) offer financial awards 

15 for a project designed— 

16 ‘‘(AA) to the maximum 

17 extent practicable, to cap18 ture more than 10,000 tons 

19 of carbon dioxide per year; 

20 and 

21 ‘‘(BB) to operate in a 

22 manner that would be com23 mercially viable in the fore24 seeable future (as deter25 mined by the Board); and 


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1 ‘‘(cc) to the maximum ex2 tent practicable, make financial 

3 awards to geographically diverse 

4 projects, including at least— 

5 ‘‘(AA) 1 project in a 

6 coastal State; and 

7 ‘‘(BB) 1 project in a 

8 rural State. 

9 ‘‘(III) PUBLIC PARTICIPATION.— 

10 In carrying out subclause (II)(aa), the 

11 Administrator shall— 

12 ‘‘(aa) provide notice of and, 

13 for a period of not less than 60 

14 days, an opportunity for public 

15 comment on, any draft or pro16 posed version of the requirements 

17 described in subclause (II)(aa); 

18 and 

19 ‘‘(bb) take into account pub20 lic comments received in devel21 oping the final version of those 

22 requirements. 

23 ‘‘(iii) DIRECT AIR CAPTURE TECH24 NOLOGY ADVISORY BOARD.— 


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1 ‘‘(I) ESTABLISHMENT.—There is 

2 established an advisory board to be 

3 known as the ‘Direct Air Capture 

4 Technology Advisory Board’. 

5 ‘‘(II) COMPOSITION.—The Board 

6 shall be composed of 9 members ap7 pointed by the Administrator, who 

8 shall provide expertise in— 

9 ‘‘(aa) climate science; 

10 ‘‘(bb) physics; 

11 ‘‘(cc) chemistry; 

12 ‘‘(dd) biology; 

13 ‘‘(ee) engineering; 

14 ‘‘(ff) economics; 

15 ‘‘(gg) business management; 

16 and 

17 ‘‘(hh) such other disciplines 

18 as the Administrator determines 

19 to be necessary to achieve the 

20 purposes of this subparagraph. 

21 ‘‘(III) TERM; VACANCIES.— 

22 ‘‘(aa) TERM.—A member of 

23 the Board shall serve for a term 

24 of 6 years. 


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1 ‘‘(bb) VACANCIES.—A va2 cancy on the Board— 

3 ‘‘(AA) shall not affect 

4 the powers of the Board; 

5 and 

6 ‘‘(BB) shall be filled in 

7 the same manner as the 

8 original appointment was 

9 made. 

10 ‘‘(IV) INITIAL MEETING.—Not 

11 later than 30 days after the date on 

12 which all members of the Board have 

13 been appointed, the Board shall hold 

14 the initial meeting of the Board. 

15 ‘‘(V) MEETINGS.—The Board 

16 shall meet at the call of the Chair17 person or on the request of the Ad18 ministrator. 

19 ‘‘(VI) QUORUM.—A majority of 

20 the members of the Board shall con21 stitute a quorum, but a lesser number 

22 of members may hold hearings. 

23 ‘‘(VII) CHAIRPERSON AND VICE

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1 person from among the members of 

2 the Board. 

3 ‘‘(VIII) COMPENSATION.—Each 

4 member of the Board may be com5 pensated at not to exceed the daily 

6 equivalent of the annual rate of basic 

7 pay in effect for a position at level V 

8 of the Executive Schedule under sec9 tion 5316 of title 5, United States 

10 Code, for each day during which the 

11 member is engaged in the actual per12 formance of the duties of the Board. 

13 ‘‘(IX) DUTIES.—The Board shall 

14 advise the Administrator on carrying 

15 out the duties of the Administrator 

16 under this subparagraph. 

17 ‘‘(X) FACA.—The Federal Advi18 sory Committee Act (5 U.S.C. App.) 

19 shall apply to the Board. 

20 ‘‘(iv) INTELLECTUAL PROPERTY.— 

21 ‘‘(I) IN GENERAL.—As a condi22 tion of receiving a financial award 

23 under this subparagraph, an applicant 

24 shall agree to vest the intellectual 

25 property of the applicant derived from 


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1 the technology in 1 or more entities 

2 that are incorporated in the United 

3 States. 

4 ‘‘(II) RESERVATION OF LI5 CENSE.—The United States— 

6 ‘‘(aa) may reserve a non7 exclusive, nontransferable, irrev8 ocable, paid-up license, to have 

9 practiced for or on behalf of the 

10 United States, in connection with 

11 any intellectual property de12 scribed in subclause (I); but 

13 ‘‘(bb) shall not, in the exer14 cise of a license reserved under 

15 item (aa), publicly disclose pro16 prietary information relating to 

17 the license. 

18 ‘‘(III) TRANSFER OF TITLE.— 

19 Title to any intellectual property de20 scribed in subclause (I) shall not be 

21 transferred or passed, except to an 

22 entity that is incorporated in the 

23 United States, until the expiration of 

24 the first patent obtained in connection 

25 with the intellectual property. 


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1 ‘‘(v) AUTHORIZATION OF APPROPRIA2 TIONS.— 

3 ‘‘(I) IN GENERAL.—There is au4 thorized to be appropriated to carry 

5 out this subparagraph $35,000,000, 

6 to remain available until expended. 

7 ‘‘(II) REQUIREMENT.—Research 

8 carried out using amounts made avail9 able under subclause (I) may not du10 plicate research funded by the Depart11 ment of Energy. 

12 ‘‘(vi) TERMINATION OF AUTHORITY.— 

13 The Board and all authority provided 

14 under this subparagraph shall terminate 

15 not later than 10 years after the date of 

16 enactment of the America’s Transportation 

17 Infrastructure Act of 2019. 

18 ‘‘(C) CARBON DIOXIDE UTILIZATION RE19 SEARCH.— 

20 ‘‘(i) DEFINITION OF CARBON DIOXIDE

21 UTILIZATION.—In this subparagraph, the 

22 term ‘carbon dioxide utilization’ refers to 

23 technologies or approaches that lead to the 

24 use of carbon dioxide— 


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1 ‘‘(I) through the fixation of car2 bon dioxide through photosynthesis or 

3 chemosynthesis, such as through the 

4 growing of algae or bacteria; 

5 ‘‘(II) through the chemical con6 version of carbon dioxide to a material 

7 or chemical compound in which the 

8 carbon dioxide is securely stored; or 

9 ‘‘(III) through the use of carbon 

10 dioxide for any other purpose for 

11 which a commercial market exists, as 

12 determined by the Administrator. 

13 ‘‘(ii) PROGRAM.—The Administrator, 

14 in consultation with the Secretary of En15 ergy, shall carry out a research and devel16 opment program for carbon dioxide utiliza17 tion to promote existing and new tech18 nologies that transform carbon dioxide 

19 generated by industrial processes into a 

20 product of commercial value, or as an 

21 input to products of commercial value. 

22 ‘‘(iii) TECHNICAL AND FINANCIAL AS23 SISTANCE.—Not later than 2 years after 

24 the date of enactment of the America’s 

25 Transportation Infrastructure Act of 2019, 


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1 in carrying out this subsection, the Admin2 istrator, in consultation with the Secretary 

3 of Energy, shall support research and in4 frastructure activities relating to carbon 

5 dioxide utilization by providing technical 

6 assistance and financial assistance in ac7 cordance with clause (iv). 

8 ‘‘(iv) ELIGIBILITY.—To be eligible to 

9 receive technical assistance and financial 

10 assistance under clause (iii), a carbon diox11 ide utilization project shall— 

12 ‘‘(I) have access to an emissions 

13 stream generated by a stationary 

14 source within the United States that 

15 is capable of supplying not less than 

16 250 metric tons per day of carbon di17 oxide for research; 

18 ‘‘(II) have access to adequate 

19 space for a laboratory and equipment 

20 for testing small-scale carbon dioxide 

21 utilization technologies, with onsite 

22 access to larger test bays for scale-up; 

23 and 

24 ‘‘(III) have existing partnerships 

25 with institutions of higher education, 


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1 private companies, States, or other 

2 government entities. 

3 ‘‘(v) COORDINATION.—In supporting 

4 carbon dioxide utilization projects under 

5 this paragraph, the Administrator shall 

6 consult with the Secretary of Energy, and, 

7 as appropriate, with the head of any other 

8 relevant Federal agency, States, the pri9 vate sector, and institutions of higher edu10 cation to develop methods and technologies 

11 to account for the carbon dioxide emissions 

12 avoided by the carbon dioxide utilization 

13 projects. 

14 ‘‘(vi) AUTHORIZATION OF APPROPRIA15 TIONS.— 

16 ‘‘(I) IN GENERAL.—There is au17 thorized to be appropriated to carry 

18 out this subparagraph $50,000,000, 

19 to remain available until expended. 

20 ‘‘(II) REQUIREMENT.—Research 

21 carried out using amounts made avail22 able under subclause (I) may not du23 plicate research funded by the Depart24 ment of Energy. 


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1 ‘‘(D) DEEP SALINE FORMATION RE2 PORT.— 

3 ‘‘(i) DEFINITION OF DEEP SALINE

4 FORMATION.— 

5 ‘‘(I) IN GENERAL.—In this sub6 paragraph, the term ‘deep saline for7 mation’ means a formation of sub8 surface geographically extensive sedi9 mentary rock layers saturated with 

10 waters or brines that have a high total 

11 dissolved solids content and that are 

12 below the depth where carbon dioxide 

13 can exist in the formation as a super14 critical fluid. 

15 ‘‘(II) CLARIFICATION.—In this 

16 subparagraph, the term ‘deep saline 

17 formation’ does not include oil and 

18 gas reservoirs. 

19 ‘‘(ii) REPORT.—In consultation with 

20 the Secretary of Energy, and, as appro21 priate, with the head of any other relevant 

22 Federal agency and relevant stakeholders, 

23 not later than 1 year after the date of en24 actment of the America’s Transportation 

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1 trator shall prepare, submit to Congress, 

2 and make publicly available a report that 

3 includes— 

4 ‘‘(I) a comprehensive identifica5 tion of potential risks and benefits to 

6 project developers associated with in7 creased storage of carbon dioxide cap8 tured from stationary sources in deep 

9 saline formations, using existing re10 search; 

11 ‘‘(II) recommendations, if any, 

12 for managing the potential risks iden13 tified under subclause (I), including 

14 potential risks unique to public land; 

15 and 

16 ‘‘(III) recommendations, if any, 

17 for Federal legislation or other policy 

18 changes to mitigate any potential 

19 risks identified under subclause (I). 

20 ‘‘(E) REPORT ON CARBON DIOXIDE NON21 REGULATORY STRATEGIES AND TECH22 NOLOGIES.— 

23 ‘‘(i) IN GENERAL.—Not less fre24 quently than once every 2 years, the Ad25 ministrator shall submit to the Committee 


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1 on Environment and Public Works of the 

2 Senate and the Committee on Energy and 

3 Commerce of the House of Representatives 

4 a report that describes— 

5 ‘‘(I) the recipients of assistance 

6 under subparagraphs (B) and (C); 

7 and 

8 ‘‘(II) a plan for supporting addi9 tional nonregulatory strategies and 

10 technologies that could significantly 

11 prevent carbon dioxide emissions or 

12 reduce carbon dioxide levels in the air, 

13 in conjunction with other Federal 

14 agencies. 

15 ‘‘(ii) INCLUSIONS.—The plan sub16 mitted under clause (i) shall include— 

17 ‘‘(I) a methodology for evaluating 

18 and ranking technologies based on the 

19 ability of the technologies to cost ef20 fectively reduce carbon dioxide emis21 sions or carbon dioxide levels in the 

22 air; and 

23 ‘‘(II) a description of any nonair24 related environmental or energy con25 siderations regarding the technologies. 


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1 ‘‘(F) GAO REPORT.—The Comptroller 

2 General of the United States shall submit to 

3 Congress a report that— 

4 ‘‘(i) identifies all Federal grant pro5 grams in which a purpose of a grant under 

6 the program is to perform research on car7 bon capture and utilization technologies, 

8 including direct air capture technologies; 

9 and 

10 ‘‘(ii) examines the extent to which the 

11 Federal grant programs identified pursu12 ant to clause (i) overlap or are duplica13 tive.’’. 

14 (b) REPORT.—Not later than 1 year after the date 

15 of enactment of this Act, the Administrator of the Envi16 ronmental Protection Agency (referred to in this sub17 section as the ‘‘Administrator’’) shall submit to Congress 

18 a report describing how funds appropriated to the Admin19 istrator during the 5 most recent fiscal years have been 

20 used to carry out section 103 of the Clean Air Act (42 

21 U.S.C. 7403), including a description of— 

22 (1) the amount of funds used to carry out spe23 cific provisions of that section; and 

24 (2) the practices used by the Administrator to 

25 differentiate funding used to carry out that section, 


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1 as compared to funding used to carry out other pro2 visions of law. 

3 (c) INCLUSION OF CARBON CAPTURE INFRASTRUC4 TURE PROJECTS.—Section 41001(6) of the FAST Act (42 

5 U.S.C. 4370m(6)) is amended— 

6 (1) in subparagraph (A)— 

7 (A) in the matter preceding clause (i), by 

8 inserting ‘‘carbon capture,’’ after ‘‘manufac9 turing,’’; 

10 (B) in clause (i)(III), by striking ‘‘or’’ at 

11 the end; 

12 (C) by redesignating clause (ii) as clause 

13 (iii); and 

14 (D) by inserting after clause (i) the fol15 lowing: 

16 ‘‘(ii) is covered by a programmatic 

17 plan or environmental review developed for 

18 the primary purpose of facilitating develop19 ment of carbon dioxide pipelines; or’’; and 

20 (2) by adding at the end the following: 

21 ‘‘(C) INCLUSION.—For purposes of sub22 paragraph (A), construction of infrastructure 

23 for carbon capture includes construction of— 

24 ‘‘(i) any facility, technology, or system 

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1 bon dioxide emissions, including projects 

2 for direct air capture (as defined in para3 graph (6)(B)(i) of section 103(g) of the 

4 Clean Air Act (42 U.S.C. 7403(g)); and 

5 ‘‘(ii) carbon dioxide pipelines.’’. 

6 (d) DEVELOPMENT OF CARBON CAPTURE, UTILIZA7 TION, AND SEQUESTRATION REPORT, PERMITTING GUID8 ANCE, AND REGIONAL PERMITTING TASK FORCE.— 

9 (1) DEFINITIONS.—In this subsection: 

10 (A) CARBON CAPTURE, UTILIZATION, AND

11 SEQUESTRATION PROJECTS.—The term ‘‘carbon 

12 capture, utilization, and sequestration projects’’ 

13 includes projects for direct air capture (as de14 fined in paragraph (6)(B)(i) of section 103(g) 

15 of the Clean Air Act (42 U.S.C. 7403(g))). 

16 (B) EFFICIENT, ORDERLY, AND RESPON17 SIBLE.—The term ‘‘efficient, orderly, and re18 sponsible’’ means, with respect to development 

19 or the permitting process for carbon capture, 

20 utilization, and sequestration projects and car21 bon dioxide pipelines, a process that is com22 pleted in an expeditious manner while maintain23 ing environmental, health, and safety protec24 tions. 

25 (2) REPORT.— 


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1 (A) IN GENERAL.—Not later than 180 

2 days after the date of enactment of this Act, 

3 the Chair of the Council on Environmental 

4 Quality (referred to in this subsection as the 

5 ‘‘Chair’’), in consultation with the Adminis6 trator of the Environmental Protection Agency, 

7 the Secretary of Energy, the Secretary of the 

8 Interior, the Executive Director of the Federal 

9 Permitting Improvement Council, and the head 

10 of any other relevant Federal agency (as deter11 mined by the President), shall prepare a report 

12 that— 

13 (i) compiles all existing relevant Fed14 eral permitting and review information and 

15 resources for project applicants, agencies, 

16 and other stakeholders interested in the 

17 deployment of carbon capture, utilization, 

18 and sequestration projects and carbon di19 oxide pipelines, including— 

20 (I) the appropriate points of 

21 interaction with Federal agencies; 

22 (II) clarification of the permit23 ting responsibilities and authorities 

24 among Federal agencies; and 


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1 (III) best practices and templates 

2 for permitting; 

3 (ii) inventories current or emerging 

4 activities that transform captured carbon 

5 dioxide into a product of commercial value, 

6 or as an input to products of commercial 

7 value; 

8 (iii) inventories existing initiatives and 

9 recent publications that analyze or identify 

10 priority carbon dioxide pipelines needed to 

11 enable efficient, orderly, and responsible 

12 development of carbon capture, utilization, 

13 and sequestration projects at increased 

14 scale; 

15 (iv) identifies gaps in the current Fed16 eral regulatory framework for the deploy17 ment of carbon capture, utilization, and se18 questration projects and carbon dioxide 

19 pipelines; and 

20 (v) identifies Federal financing mech21 anisms available to project developers. 

22 (B) SUBMISSION; PUBLICATION.—The 

23 Chair shall— 

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1 ment and Public Works of the Senate and 

2 the Committee on Energy and Commerce 

3 of the House of Representatives; and 

4 (ii) as soon as practicable, make the 

5 report publicly available. 

6 (3) GUIDANCE.— 

7 (A) IN GENERAL.—After submission of the 

8 report under paragraph (2)(B), but not later 

9 than 1 year after the date of enactment of this 

10 Act, the Chair shall submit guidance consistent 

11 with that report to all relevant Federal agencies 

12 that— 

13 (i) facilitates reviews associated with 

14 the deployment of carbon capture, utiliza15 tion, and sequestration projects and carbon 

16 dioxide pipelines; and 

17 (ii) supports the efficient, orderly, and 

18 responsible development of carbon capture, 

19 utilization, and sequestration projects and 

20 carbon dioxide pipelines. 

21 (B) REQUIREMENTS.— 

22 (i) IN GENERAL.—The guidance under 

23 subparagraph (A) shall address require24 ments under— 


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1 (I) the National Environmental 

2 Policy Act of 1969 (42 U.S.C. 4321 

3 et seq.); 

4 (II) the Federal Water Pollution 

5 Control Act (33 U.S.C. 1251 et seq.); 

6 (III) the Clean Air Act (42 

7 U.S.C. 7401 et seq.); 

8 (IV) the Safe Drinking Water 

9 Act (42 U.S.C. 300f et seq.); 

10 (V) the Endangered Species Act 

11 of 1973 (16 U.S.C. 1531 et seq.); 

12 (VI) division A of subtitle III of 

13 title 54, United States Code (formerly 

14 known as the ‘‘National Historic 

15 Preservation Act’’); 

16 (VII) the Migratory Bird Treaty 

17 Act (16 U.S.C. 703 et seq.); 

18 (VIII) the Act of June 8, 1940 

19 (16 U.S.C. 668 et seq.) (commonly 

20 known as the ‘‘Bald and Golden Eagle 

21 Protection Act’’); and 

22 (IX) any other Federal law that 

23 the Chair determines to be appro24 priate. 


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1 (ii) ENVIRONMENTAL REVIEWS.—The 

2 guidance under subparagraph (A) shall in3 clude direction to States and other inter4 ested parties for the development of pro5 grammatic environmental reviews under 

6 the National Environmental Policy Act of 

7 1969 (42 U.S.C. 4321 et seq.) for carbon 

8 capture, utilization, and sequestration 

9 projects and carbon dioxide pipelines. 

10 (iii) PUBLIC INVOLVEMENT.—The 

11 guidance under subparagraph (A) shall be 

12 subject to the public notice, comment, and 

13 solicitation of information procedures 

14 under section 1506.6 of title 40, Code of 

15 Federal Regulations (or a successor regula16 tion). 

17 (C) SUBMISSION; PUBLICATION.—The 

18 Chair shall— 

19 (i) submit the guidance under sub20 paragraph (A) to the Committee on Envi21 ronment and Public Works of the Senate 

22 and the Committee on Energy and Com23 merce of the House of Representatives; 

24 and 


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1 (ii) as soon as practicable, make the 

2 guidance publicly available. 

3 (D) EVALUATION.—The Chair shall— 

4 (i) periodically evaluate the reports of 

5 the task forces under paragraph (4)(E) 

6 and, as necessary, revise the guidance 

7 under subparagraph (A); and 

8 (ii) each year, submit to the Com9 mittee on Environment and Public Works 

10 of the Senate, the Committee on Energy 

11 and Commerce of the House of Represent12 atives, and relevant Federal agencies a re13 port that describes any recommendations 

14 for legislation, rules, revisions to rules, or 

15 other policies that would address the issues 

16 identified by the task forces under para17 graph (4)(E). 

18 (4) TASK FORCE.— 

19 (A) ESTABLISHMENT.—Not later than 18 

20 months after the date of enactment of this Act, 

21 the Chair shall establish not less than 2 task 

22 forces, which shall each cover a different geo23 graphical area with differing demographic, land 

24 use, or geological issues— 


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1 (i) to identify permitting and other 

2 challenges and successes that permitting 

3 authorities and project developers and op4 erators face; and 

5 (ii) to improve the performance of the 

6 permitting process and regional coordina7 tion for the purpose of promoting the effi8 cient, orderly, and responsible development 

9 of carbon capture, utilization, and seques10 tration projects and carbon dioxide pipe11 lines. 

12 (B) MEMBERS AND SELECTION.— 

13 (i) IN GENERAL.—The Chair shall— 

14 (I) develop criteria for the selec15 tion of members to each task force; 

16 and 

17 (II) select members for each task 

18 force in accordance with subclause (I) 

19 and clause (ii). 

20 (ii) MEMBERS.—Each task force— 

21 (I) shall include not less than 1 

22 representative of each of— 

23 (aa) the Environmental Pro24 tection Agency; 


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1 (bb) the Department of En2 ergy; 

3 (cc) the Department of the 

4 Interior; 

5 (dd) any other Federal 

6 agency the Chair determines to 

7 be appropriate; 

8 (ee) any State that requests 

9 participation in the geographical 

10 area covered by the task force; 

11 (ff) developers or operators 

12 of carbon capture, utilization, 

13 and sequestration projects or car14 bon dioxide pipelines; and 

15 (gg) nongovernmental mem16 bership organizations, the pri17 mary mission of which concerns 

18 protection of the environment; 

19 and 

20 (II) at the request of a Tribal or 

21 local government, may include a rep22 resentative of— 

23 (aa) not less than 1 local 

24 government in the geographical 


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1 area covered by the task force; 

2 and 

3 (bb) not less than 1 Tribal 

4 government in the geographical 

5 area covered by the task force. 

6 (C) MEETINGS.— 

7 (i) IN GENERAL.—Each task force 

8 shall meet not less than twice each year. 

9 (ii) JOINT MEETING.—To the max10 imum extent practicable, the task forces 

11 shall meet collectively not less than once 

12 each year. 

13 (D) DUTIES.—Each task force shall— 

14 (i) inventory existing or potential Fed15 eral and State approaches to facilitate re16 views associated with the deployment of 

17 carbon capture, utilization, and sequestra18 tion projects and carbon dioxide pipelines, 

19 including best practices that— 

20 (I) avoid duplicative reviews; 

21 (II) engage stakeholders early in 

22 the permitting process; and 

23 (III) make the permitting process 

24 efficient, orderly, and responsible; 


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1 (ii) develop common models for State2 level carbon dioxide pipeline regulation and 

3 oversight guidelines that can be shared 

4 with States in the geographical area cov5 ered by the task force; 

6 (iii) provide technical assistance to 

7 States in the geographical area covered by 

8 the task force in implementing regulatory 

9 requirements and any models developed 

10 under clause (ii); 

11 (iv) inventory current or emerging ac12 tivities that transform captured carbon di13 oxide into a product of commercial value, 

14 or as an input to products of commercial 

15 value; 

16 (v) identify any priority carbon diox17 ide pipelines needed to enable efficient, or18 derly, and responsible development of car19 bon capture, utilization, and sequestration 

20 projects at increased scale; 

21 (vi) identify gaps in the current Fed22 eral and State regulatory framework and 

23 in existing data for the deployment of car24 bon capture, utilization, and sequestration 

25 projects and carbon dioxide pipelines; 


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1 (vii) identify Federal and State fi2 nancing mechanisms available to project 

3 developers; and 

4 (viii) develop recommendations for rel5 evant Federal agencies on how to develop 

6 and research technologies that— 

7 (I) can capture carbon dioxide; 

8 and 

9 (II) would be able to be deployed 

10 within the region covered by the task 

11 force, including any projects that have 

12 received technical or financial assist13 ance for research under paragraph (6) 

14 of section 103(g) of the Clean Air Act 

15 (42 U.S.C. 7403(g)). 

16 (E) REPORT.—Each year, each task force 

17 shall prepare and submit to the Chair and to 

18 the other task forces a report that includes— 

19 (i) any recommendations for improve20 ments in efficient, orderly, and responsible 

21 issuance or administration of Federal per22 mits and other Federal authorizations re23 quired under a law described in paragraph 

24 (3)(B)(i); and 


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1 (ii) any other nationally relevant in2 formation that the task force has collected 

3 in carrying out the duties under subpara4 graph (D). 

5 (F) EVALUATION.—Not later than 5 years 

6 after the date of enactment of this Act, the 

7 Chair shall— 

8 (i) reevaluate the need for the task 

9 forces; and 

10 (ii) submit to Congress a rec11 ommendation as to whether the task forces 

12 should continue. 

13 SEC. 1407. PROMOTING RESILIENT OPERATIONS FOR 

14 TRANSFORMATIVE, EFFICIENT, AND COST15 SAVING TRANSPORTATION (PROTECT) GRANT 

16 PROGRAM. 

17 (a) IN GENERAL.—Chapter 1 of title 23, United 

18 States Code (as amended by section 1403(a)), is amended 

19 by adding at the end the following: 

20 ‘‘§ 179. Promoting Resilient Operations for Trans21 formative, Efficient, and Cost-saving 

22 Transportation (PROTECT) grant pro23 gram 

24 ‘‘(a) DEFINITIONS.—In this section: 


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1 ‘‘(1) EMERGENCY EVENT.—The term ‘emer2 gency event’ means a natural disaster or cata3 strophic failure resulting in— 

4 ‘‘(A) an emergency declared by the Gov5 ernor of the State in which the disaster or fail6 ure occurred; or 

7 ‘‘(B) an emergency or disaster declared by 

8 the President. 

9 ‘‘(2) EVACUATION ROUTE.—The term ‘evacu10 ation route’ means a transportation route or system 

11 that— 

12 ‘‘(A) is owned, operated, or maintained by 

13 a Federal, State, Tribal, or local government or 

14 a private entity; 

15 ‘‘(B) is used— 

16 ‘‘(i) to transport the public away from 

17 emergency events; or 

18 ‘‘(ii) to transport emergency respond19 ers and recovery resources; and 

20 ‘‘(C) is designated by the eligible entity 

21 with jurisdiction over the area in which the 

22 route is located for the purposes described in 

23 subparagraph (B). 


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1 ‘‘(3) PROGRAM.—The term ‘program’ means 

2 the grant program established under subsection 

3 (b)(1). 

4 ‘‘(4) RESILIENCE IMPROVEMENT.—The term 

5 ‘resilience improvement’ means the use of materials 

6 or structural or nonstructural techniques, including 

7 natural infrastructure— 

8 ‘‘(A) that allow a project— 

9 ‘‘(i) to better anticipate, prepare for, 

10 and adapt to changing conditions and to 

11 withstand and respond to disruptions; and 

12 ‘‘(ii) to be better able to continue to 

13 serve the primary function of the project 

14 during and after weather events and nat15 ural disasters for the expected life of the 

16 project; or 

17 ‘‘(B) that— 

18 ‘‘(i) reduce the magnitude and dura19 tion of impacts of current and future 

20 weather events and natural disasters to a 

21 project; or 

22 ‘‘(ii) have the absorptive capacity, 

23 adaptive capacity, and recoverability to de24 crease project vulnerability to current and 

25 future weather events or natural disasters. 


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1 ‘‘(b) ESTABLISHMENT.— 

2 ‘‘(1) IN GENERAL.—The Secretary shall estab3 lish a grant program, to be known as the ‘Promoting 

4 Resilient Operations for Transformative, Efficient, 

5 and Cost-saving Transportation grant program’ or 

6 the ‘PROTECT grant program’. 

7 ‘‘(2) PURPOSE.—The purpose of the program is 

8 to provide grants for resilience improvements 

9 through— 

10 ‘‘(A) formula funding distributed to States; 

11 ‘‘(B) competitive planning grants to enable 

12 communities to assess vulnerabilities to current 

13 and future weather events and natural disasters 

14 and changing conditions, including sea level 

15 rise, and plan infrastructure improvements and 

16 emergency response strategies to address those 

17 vulnerabilities; and 

18 ‘‘(C) competitive resilience improvement 

19 grants to protect— 

20 ‘‘(i) infrastructure assets by making 

21 the assets more resilient to current and fu22 ture weather events and natural disasters, 

23 such as severe storms, flooding, drought, 

24 levee and dam failures, wildfire, rockslides, 

25 mudslides, sea level rise, extreme weather, 


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1 including extreme temperature, and earth2 quakes; 

3 ‘‘(ii) communities through resilience 

4 improvements and strategies that allow for 

5 the continued operation or rapid recovery 

6 of surface transportation systems that— 

7 ‘‘(I) serve critical local, regional, 

8 and national needs, including evacu9 ation routes; and 

10 ‘‘(II) provide access or service to 

11 hospitals and other medical or emer12 gency service facilities, major employ13 ers, critical manufacturing centers, 

14 ports and intermodal facilities, utili15 ties, and Federal facilities; 

16 ‘‘(iii) coastal infrastructure, such as a 

17 tide gate, that is at long-term risk to sea 

18 level rise; and 

19 ‘‘(iv) natural infrastructure that pro20 tects and enhances surface transportation 

21 assets while improving ecosystem condi22 tions, including culverts that ensure ade23 quate flows in rivers and estuarine sys24 tems. 

25 ‘‘(c) FORMULA AWARDS.— 


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1 ‘‘(1) DISTRIBUTION OF FUNDS TO STATES.— 

2 ‘‘(A) IN GENERAL.—For each fiscal year, 

3 the Secretary shall distribute among the States 

4 the amounts made available to carry out this 

5 subsection for that fiscal year in accordance 

6 with subparagraph (B). 

7 ‘‘(B) DISTRIBUTION.—The amount for 

8 each State shall be determined by multiplying 

9 the total amount made available to carry out 

10 this subsection for the applicable fiscal year by 

11 the ratio that— 

12 ‘‘(i) the total base apportionment for 

13 the State under section 104(c); bears to 

14 ‘‘(ii) the total base apportionments for 

15 all States under section 104(c). 

16 ‘‘(2) ELIGIBLE ACTIVITIES.— 

17 ‘‘(A) IN GENERAL.—Except as provided in 

18 subparagraph (B), a State shall use funds made 

19 available under paragraph (1) to carry out ac20 tivities eligible under subparagraph (A), (B), or 

21 (C) of subsection (d)(4). 

22 ‘‘(B) PLANNING SET-ASIDE.—Of the 

23 amounts made available to each State under 

24 paragraph (1) for each fiscal year, not less than 


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1 2 percent shall be for activities described in 

2 subsection (d)(3). 

3 ‘‘(3) REQUIREMENTS.— 

4 ‘‘(A) PROJECTS IN CERTAIN AREAS.—If a 

5 project under this subsection is carried out, in 

6 whole or in part, within a base floodplain, the 

7 State shall— 

8 ‘‘(i) identify the base floodplain in 

9 which the project is to be located and dis10 close that information to the Secretary; 

11 and 

12 ‘‘(ii) indicate to the Secretary whether 

13 the State plans to implement 1 or more 

14 components of the risk mitigation plan 

15 under section 322 of the Robert T. Staf16 ford Disaster Relief and Emergency Assist17 ance Act (42 U.S.C. 5165) with respect to 

18 the area. 

19 ‘‘(B) ELIGIBILITIES.—A State shall use 

20 funds made available under paragraph (1) for— 

21 ‘‘(i) a highway project eligible for as22 sistance under this title; 

23 ‘‘(ii) a public transportation facility or 

24 service eligible for assistance under chapter 

25 53 of title 49; 


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1 ‘‘(iii) a facility or service for intercity 

2 rail passenger transportation (as defined in 

3 section 24102 of title 49); or 

4 ‘‘(iv) a port facility, including a facil5 ity that— 

6 ‘‘(I) connects a port to other 

7 modes of transportation; 

8 ‘‘(II) improves the efficiency of 

9 evacuations and disaster relief; or 

10 ‘‘(III) aids transportation. 

11 ‘‘(C) SYSTEM RESILIENCE.—A project car12 ried out by a State with funds made available 

13 under this subsection may include the use of 

14 natural infrastructure or the construction or 

15 modification of storm surge, flood protection, or 

16 aquatic ecosystem restoration elements that are 

17 functionally connected to a transportation im18 provement, such as— 

19 ‘‘(i) increasing marsh health and total 

20 area adjacent to a highway right-of-way to 

21 promote additional flood storage; 

22 ‘‘(ii) upgrades to and installing of cul23 verts designed to withstand 100-year flood 

24 events; 


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1 ‘‘(iii) upgrades to and installation of 

2 tide gates to protect highways; and 

3 ‘‘(iv) upgrades to and installation of 

4 flood gates to protect tunnel entrances. 

5 ‘‘(D) FEDERAL COST SHARE.— 

6 ‘‘(i) IN GENERAL.—Except as pro7 vided in subsection (f)(1), the Federal 

8 share of the cost of a project carried out 

9 using funds made available under para10 graph (1) shall not exceed 80 percent of 

11 the total project cost. 

12 ‘‘(ii) NON-FEDERAL SHARE.—A State 

13 may use Federal funds other than Federal 

14 funds made available under this subsection 

15 to meet the non-Federal cost share re16 quirement for a project under this sub17 section. 

18 ‘‘(E) ELIGIBLE PROJECT COSTS.— 

19 ‘‘(i) IN GENERAL.—Except as pro20 vided in clause (ii), eligible project costs 

21 for activities carried out by a State with 

22 funds made available under paragraph (1) 

23 may include the costs of— 

24 ‘‘(I) development phase activities, 

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1 ysis, revenue forecasting, environ2 mental review, preliminary engineer3 ing and design work, and other 

4 preconstruction activities; and 

5 ‘‘(II) construction, reconstruc6 tion, rehabilitation, and acquisition of 

7 real property (including land related 

8 to the project and improvements to 

9 land), environmental mitigation, con10 struction contingencies, acquisition of 

11 equipment directly related to improv12 ing system performance, and oper13 ational improvements. 

14 ‘‘(ii) ELIGIBLE PLANNING COSTS.—In 

15 the case of a planning activity described in 

16 subsection (d)(3) that is carried out by a 

17 State with funds made available under 

18 paragraph (1), eligible costs may include 

19 development phase activities, including 

20 planning, feasibility analysis, revenue fore21 casting, environmental review, preliminary 

22 engineering and design work, other 

23 preconstruction activities, and other activi24 ties consistent with carrying out the pur25 poses of subsection (d)(3). 


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1 ‘‘(F) LIMITATIONS.—In carrying out this 

2 subsection, a State— 

3 ‘‘(i) may use not more than 25 per4 cent of the amounts made available under 

5 this subsection for the construction of new 

6 capacity; and 

7 ‘‘(ii) may use not more than 10 per8 cent of the amounts made available under 

9 this subsection for activities described in 

10 subparagraph (E)(i)(I). 

11 ‘‘(d) COMPETITIVE AWARDS.— 

12 ‘‘(1) IN GENERAL.—In addition to funds dis13 tributed to States under subsection (c)(1), the Sec14 retary shall provide grants on a competitive basis 

15 under this subsection to eligible entities described in 

16 paragraph (2). 

17 ‘‘(2) ELIGIBLE ENTITIES.—The Secretary may 

18 make a grant under this subsection to any of the fol19 lowing: 

20 ‘‘(A) A State or political subdivision of a 

21 State. 

22 ‘‘(B) A metropolitan planning organiza23 tion. 

24 ‘‘(C) A unit of local government. 


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1 ‘‘(D) A special purpose district or public 

2 authority with a transportation function, includ3 ing a port authority. 

4 ‘‘(E) An Indian tribe (as defined in section 

5 207(m)(1)). 

6 ‘‘(F) A Federal land management agency 

7 that applies jointly with a State or group of 

8 States. 

9 ‘‘(G) A multi-State or multijurisdictional 

10 group of entities described in subparagraphs 

11 (A) through (F). 

12 ‘‘(3) PLANNING GRANTS.—Using funds made 

13 available under this subsection, the Secretary shall 

14 provide planning grants to eligible entities for the 

15 purpose of— 

16 ‘‘(A) in the case of a State or metropolitan 

17 planning organization, developing a resilience 

18 improvement plan under subsection (f)(2); 

19 ‘‘(B) resilience planning, predesign, design, 

20 or the development of data tools to simulate 

21 transportation disruption scenarios, including 

22 vulnerability assessments; 

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1 frastructure assets and community response 

2 strategies of the eligible entity under current 

3 conditions and a range of potential future con4 ditions; or 

5 ‘‘(D) evacuation planning and preparation. 

6 ‘‘(4) RESILIENCE GRANTS.— 

7 ‘‘(A) RESILIENCE IMPROVEMENT

8 GRANTS.— 

9 ‘‘(i) IN GENERAL.—Using funds made 

10 available under this subsection, the Sec11 retary shall provide resilience improvement 

12 grants to eligible entities to carry out 1 or 

13 more eligible activities under clause (ii). 

14 ‘‘(ii) ELIGIBLE ACTIVITIES.— 

15 ‘‘(I) IN GENERAL.—An eligible 

16 entity may use a resilience improve17 ment grant under this subparagraph 

18 for 1 or more construction activities 

19 to enable an existing surface transpor20 tation infrastructure asset to with21 stand 1 or more elements of a weather 

22 event or natural disaster, or to in23 crease the resilience of surface trans24 portation infrastructure from the im25 pacts of changing conditions, such as 


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1 sea level rise, flooding, extreme weath2 er events, and other natural disasters. 

3 ‘‘(II) INCLUSIONS.—An activity 

4 eligible to be carried out under this 

5 subparagraph includes— 

6 ‘‘(aa) resurfacing, restora7 tion, rehabilitation, reconstruc8 tion, replacement, improvement, 

9 or realignment of an existing sur10 face transportation facility eligi11 ble for assistance under this title; 

12 ‘‘(bb) the incorporation of 

13 natural infrastructure; 

14 ‘‘(cc) the upgrade of an ex15 isting surface transportation fa16 cility to meet or exceed Federal 

17 Highway Administration ap18 proved design standards; 

19 ‘‘(dd) the installation of 

20 mitigation measures that prevent 

21 the intrusion of floodwaters into 

22 surface transportation systems; 

23 ‘‘(ee) strengthening systems 

24 that remove rainwater from sur25 face transportation facilities; 


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1 ‘‘(ff) a resilience project that 

2 addresses identified vulnerabili3 ties described in the resilience 

4 improvement plan of the eligible 

5 entity, if applicable; 

6 ‘‘(gg) relocating roadways in 

7 a base floodplain to higher 

8 ground above projected flood ele9 vation levels, or away from slide 

10 prone areas; 

11 ‘‘(hh) stabilizing slide areas 

12 or slopes; 

13 ‘‘(ii) installing riprap; 

14 ‘‘(jj) lengthening or raising 

15 bridges to increase waterway 

16 openings, including to respond to 

17 extreme weather; 

18 ‘‘(kk) deepening channels to 

19 prevent flooding; 

20 ‘‘(ll) increasing the size or 

21 number of drainage structures; 

22 ‘‘(mm) installing seismic ret23 rofits on bridges; 

24 ‘‘(nn) adding scour protec25 tion at bridges; 


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1 ‘‘(oo) adding scour, stream 

2 stability, coastal, and other hy3 draulic countermeasures, includ4 ing spur dikes; and 

5 ‘‘(pp) any other protective 

6 features, including natural infra7 structure, as determined by the 

8 Secretary. 

9 ‘‘(iii) PRIORITY.—The Secretary shall 

10 prioritize a resilience improvement grant to 

11 an eligible entity if— 

12 ‘‘(I) the Secretary determines— 

13 ‘‘(aa) the benefits of the eli14 gible activity proposed to be car15 ried out by the eligible entity ex16 ceed the costs of the activity; and 

17 ‘‘(bb) there is a need to ad18 dress the vulnerabilities of infra19 structure assets of the eligible 

20 entity with a high risk of, and 

21 impacts associated with, failure 

22 due to the impacts of weather 

23 events, natural disasters, or 

24 changing conditions, such as sea 


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1 level rise and increased flood 

2 risk; or 

3 ‘‘(II) the eligible activity pro4 posed to be carried out by the eligible 

5 entity is included in the applicable re6 silience improvement plan under sub7 section (f)(2). 

8 ‘‘(B) COMMUNITY RESILIENCE AND EVAC9 UATION ROUTE GRANTS.— 

10 ‘‘(i) IN GENERAL.—Using funds made 

11 available under this subsection, the Sec12 retary shall provide community resilience 

13 and evacuation route grants to eligible en14 tities to carry out 1 or more eligible activi15 ties under clause (ii). 

16 ‘‘(ii) ELIGIBLE ACTIVITIES.—An eligi17 ble entity may use a community resilience 

18 and evacuation route grant under this sub19 paragraph for 1 or more projects that 

20 strengthen and protect evacuation routes 

21 that are essential for providing and sup22 porting evacuations caused by emergency 

23 events, including a project that— 

24 ‘‘(I) is an eligible activity under 

25 subparagraph (A)(ii), if that eligible 


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1 activity will improve an evacuation 

2 route; 

3 ‘‘(II) ensures the ability of the 

4 evacuation route to provide safe pas5 sage during an evacuation and re6 duces the risk of damage to evacu7 ation routes as a result of future 

8 emergency events, including restoring 

9 or replacing existing evacuation routes 

10 that are in poor condition or not de11 signed to meet the anticipated de12 mand during an emergency event, and 

13 including steps to protect routes from 

14 mud, rock, or other debris slides; 

15 ‘‘(III) if the Secretary determines 

16 that existing evacuation routes are not 

17 sufficient to adequately facilitate evac18 uations, including the transportation 

19 of emergency responders and recovery 

20 resources, expands the capacity of 

21 evacuation routes to swiftly and safely 

22 accommodate evacuations, including 

23 installation of— 


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1 ‘‘(aa) communications and 

2 intelligent transportation system 

3 equipment and infrastructure; 

4 ‘‘(bb) counterflow measures; 

5 or 

6 ‘‘(cc) shoulders; 

7 ‘‘(IV) is for the construction of— 

8 ‘‘(aa) new or redundant 

9 evacuation routes, if the Sec10 retary determines that existing 

11 evacuation routes are not suffi12 cient to adequately facilitate 

13 evacuations, including the trans14 portation of emergency respond15 ers and recovery resources; or 

16 ‘‘(bb) sheltering facilities 

17 that are functionally connected to 

18 an eligible project; 

19 ‘‘(V) is for the acquisition of 

20 evacuation route or traffic incident 

21 management equipment, vehicles, or 

22 signage; or 

23 ‘‘(VI) will ensure access or serv24 ice to critical destinations, including 

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1 gency service facilities, major employ2 ers, critical manufacturing centers, 

3 ports and intermodal facilities, utili4 ties, and Federal facilities. 

5 ‘‘(iii) PRIORITY.—The Secretary shall 

6 prioritize community resilience and evacu7 ation route grants under this subpara8 graph for eligible activities that are cost-ef9 fective, as determined by the Secretary, 

10 taking into account— 

11 ‘‘(I) current and future 

12 vulnerabilities to an evacuation route 

13 due to future occurrence or recurrence 

14 of emergency events that are likely to 

15 occur in the geographic area in which 

16 the evacuation route is located; and 

17 ‘‘(II) projected changes in devel18 opment patterns, demographics, and 

19 extreme weather events based on the 

20 best available evidence and analysis. 

21 ‘‘(iv) CONSULTATION.—In providing 

22 grants for community resilience and evacu23 ation routes under this subparagraph, the 

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1 ment Agency, who shall provide technical 

2 assistance to the Secretary and to eligible 

3 entities. 

4 ‘‘(C) AT-RISK COASTAL INFRASTRUCTURE

5 GRANTS.— 

6 ‘‘(i) DEFINITION OF COASTAL

7 STATE.—In this subparagraph, the term 

8 ‘coastal State’ means— 

9 ‘‘(I) a State in, or bordering on, 

10 the Atlantic, Pacific, or Arctic Ocean, 

11 the Gulf of Mexico, Long Island 

12 Sound, or 1 or more of the Great 

13 Lakes; 

14 ‘‘(II) the United States Virgin Is15 lands; 

16 ‘‘(III) Guam; 

17 ‘‘(IV) American Samoa; and 

18 ‘‘(V) the Commonwealth of the 

19 Northern Mariana Islands. 

20 ‘‘(ii) GRANTS.—Using funds made 

21 available under this subsection, the Sec22 retary shall provide at-risk coastal infra23 structure grants to eligible entities in 

24 coastal States to carry out 1 or more eligi25 ble activities under clause (iii). 


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1 ‘‘(iii) ELIGIBLE ACTIVITIES.—An eli2 gible entity may use an at-risk coastal in3 frastructure grant under this subpara4 graph for strengthening, stabilizing, hard5 ening, elevating, relocating, or otherwise 

6 enhancing the resilience of highway and 

7 non-rail infrastructure, including bridges, 

8 roads, pedestrian walkways, and bicycle 

9 lanes, and associated infrastructure, such 

10 as culverts and tide gates, that are subject 

11 to, or face increased long-term future risks 

12 of, a weather event, a natural disaster, or 

13 changing conditions, including coastal 

14 flooding, coastal erosion, wave action, 

15 storm surge, or sea level rise, in order to 

16 improve transportation and public safety 

17 and to reduce costs by avoiding larger fu18 ture maintenance or rebuilding costs. 

19 ‘‘(iv) CRITERIA.—The Secretary shall 

20 provide at-risk coastal infrastructure 

21 grants under this subparagraph for a 

22 project— 

23 ‘‘(I) that addresses the risks 

24 from a current or future weather 

25 event or natural disaster, including 


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1 coastal flooding, coastal erosion, wave 

2 action, storm surge, or sea level 

3 change; and 

4 ‘‘(II) that reduces long-term in5 frastructure costs by avoiding larger 

6 future maintenance or rebuilding 

7 costs. 

8 ‘‘(v) COASTAL BENEFITS.—In addi9 tion to the criteria under clause (iv), for 

10 the purpose of providing at-risk coastal in11 frastructure grants under this subpara12 graph, the Secretary shall evaluate the ex13 tent to which a project will provide— 

14 ‘‘(I) access to coastal homes, 

15 businesses, communities, and other 

16 critical infrastructure, including ac17 cess by first responders and other 

18 emergency personnel; or 

19 ‘‘(II) access to a designated evac20 uation route. 

21 ‘‘(5) GRANT REQUIREMENTS.— 

22 ‘‘(A) SOLICITATIONS FOR GRANTS.—In 

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1 ble projects to receive grants under paragraph 

2 (3) and subparagraphs (A), (B), and (C) of 

3 paragraph (4). 

4 ‘‘(B) APPLICATIONS.— 

5 ‘‘(i) IN GENERAL.—To be eligible to 

6 receive a grant under paragraph (3) or 

7 subparagraph (A), (B), or (C) of para8 graph (4), an eligible entity shall submit to 

9 the Secretary an application in such form, 

10 at such time, and containing such informa11 tion as the Secretary determines to be nec12 essary. 

13 ‘‘(ii) PROJECTS IN CERTAIN AREAS.— 

14 If a project is proposed to be carried out 

15 by the eligible entity, in whole or in part, 

16 within a base floodplain, the eligible entity 

17 shall— 

18 ‘‘(I) as part of the application, 

19 identify the floodplain in which the 

20 project is to be located and disclose 

21 that information to the Secretary; and 

22 ‘‘(II) indicate in the application 

23 whether, if selected, the eligible entity 

24 will implement 1 or more components 

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1 tion 322 of the Robert T. Stafford 

2 Disaster Relief and Emergency Assist3 ance Act (42 U.S.C. 5165) with re4 spect to the area. 

5 ‘‘(C) ELIGIBILITIES.—The Secretary may 

6 make a grant under paragraph (3) or subpara7 graph (A), (B), or (C) of paragraph (4) only 

8 for— 

9 ‘‘(i) a highway project eligible for as10 sistance under this title; 

11 ‘‘(ii) a public transportation facility or 

12 service eligible for assistance under chapter 

13 53 of title 49; 

14 ‘‘(iii) a facility or service for intercity 

15 rail passenger transportation (as defined in 

16 section 24102 of title 49); or 

17 ‘‘(iv) a port facility, including a facil18 ity that— 

19 ‘‘(I) connects a port to other 

20 modes of transportation; 

21 ‘‘(II) improves the efficiency of 

22 evacuations and disaster relief; or 

23 ‘‘(III) aids transportation. 

24 ‘‘(D) SYSTEM RESILIENCE.—A project for 

25 which a grant is provided under paragraph (3) 


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1 or subparagraph (A), (B), or (C) of paragraph 

2 (4) may include the use of natural infrastruc3 ture or the construction or modification of 

4 storm surge, flood protection, or aquatic eco5 system restoration elements that the Secretary 

6 determines are functionally connected to a 

7 transportation improvement, such as— 

8 ‘‘(i) increasing marsh health and total 

9 area adjacent to a highway right-of-way to 

10 promote additional flood storage; 

11 ‘‘(ii) upgrades to and installing of cul12 verts designed to withstand 100-year flood 

13 events; 

14 ‘‘(iii) upgrades to and installation of 

15 tide gates to protect highways; and 

16 ‘‘(iv) upgrades to and installation of 

17 flood gates to protect tunnel entrances. 

18 ‘‘(E) FEDERAL COST SHARE.— 

19 ‘‘(i) PLANNING GRANT.—The Federal 

20 share of the cost of a planning activity car21 ried out using a planning grant under 

22 paragraph (3) shall be 100 percent. 

23 ‘‘(ii) RESILIENCE GRANTS.— 

24 ‘‘(I) IN GENERAL.—Except as 

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1 section (f)(1), the Federal share of 

2 the cost of a project carried out using 

3 a grant under subparagraph (A), (B), 

4 or (C) of paragraph (4) shall not ex5 ceed 80 percent of the total project 

6 cost. 

7 ‘‘(II) TRIBAL PROJECTS.—On 

8 the determination of the Secretary, 

9 the Federal share of the cost of a 

10 project carried out using a grant 

11 under subparagraph (A), (B), or (C) 

12 of paragraph (4) by an Indian tribe 

13 (as defined in section 207(m)(1)) may 

14 be up to 100 percent. 

15 ‘‘(iii) NON-FEDERAL SHARE.—The eli16 gible entity may use Federal funds other 

17 than Federal funds provided under this 

18 subsection to meet the non-Federal cost 

19 share requirement for a project carried out 

20 with a grant under this subsection. 

21 ‘‘(F) ELIGIBLE PROJECT COSTS.— 

22 ‘‘(i) RESILIENCE GRANT PROJECTS.— 

23 Eligible project costs for activities funded 

24 with a grant under subparagraph (A), (B), 


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1 or (C) of paragraph (4) may include the 

2 costs of— 

3 ‘‘(I) development phase activities, 

4 including planning, feasibility anal5 ysis, revenue forecasting, environ6 mental review, preliminary engineer7 ing and design work, and other 

8 preconstruction activities; and 

9 ‘‘(II) construction, reconstruc10 tion, rehabilitation, and acquisition of 

11 real property (including land related 

12 to the project and improvements to 

13 land), environmental mitigation, con14 struction contingencies, acquisition of 

15 equipment directly related to improv16 ing system performance, and oper17 ational improvements. 

18 ‘‘(ii) PLANNING GRANTS.—Eligible 

19 project costs for activities funded with a 

20 grant under paragraph (3) may include the 

21 costs of development phase activities, in22 cluding planning, feasibility analysis, rev23 enue forecasting, environmental review, 

24 preliminary engineering and design work, 

25 other preconstruction activities, and other 


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1 activities consistent with carrying out the 

2 purposes of that paragraph. 

3 ‘‘(G) LIMITATIONS.—An eligible entity 

4 that receives a grant under subparagraph (A), 

5 (B), or (C) of paragraph (4)— 

6 ‘‘(i) may use not more than 25 per7 cent of the amount of the grant for the 

8 construction of new capacity; and 

9 ‘‘(ii) may use not more than 10 per10 cent of the amount of the grant for activi11 ties described in subparagraph (F)(i)(I). 

12 ‘‘(H) DISTRIBUTION OF GRANTS.— 

13 ‘‘(i) IN GENERAL.—Subject to the 

14 availability of funds, an eligible entity may 

15 request and the Secretary may distribute 

16 funds for a grant under this subsection on 

17 a multiyear basis, as the Secretary deter18 mines to be necessary. 

19 ‘‘(ii) RURAL SET-ASIDE.—Of the 

20 amounts made available to carry out this 

21 subsection for each fiscal year, the Sec22 retary shall use not less than 25 percent 

23 for grants for projects located in areas 

24 that are outside an urbanized area with a 

25 population of over 200,000. 


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1 ‘‘(iii) TRIBAL SET-ASIDE.—Of the 

2 amounts made available to carry out this 

3 subsection for each fiscal year, the Sec4 retary shall use not less than 2 percent for 

5 grants to Indian tribes (as defined in sec6 tion 207(m)(1)). 

7 ‘‘(iv) REALLOCATION.—For any fiscal 

8 year, if the Secretary determines that the 

9 amount described in clause (ii) or (iii) will 

10 not be fully utilized for the grant described 

11 in that clause, the Secretary may reallocate 

12 the unutilized funds to provide grants to 

13 other eligible entities under this subsection. 

14 ‘‘(e) CONSULTATION.—In carrying out the program, 

15 the Secretary shall— 

16 ‘‘(1) consult with the Assistant Secretary of the 

17 Army for Civil Works, the Administrator of the En18 vironmental Protection Agency, the Secretary of the 

19 Interior, and the Secretary of Commerce; and 

20 ‘‘(2) solicit technical support from the Adminis21 trator of the Federal Emergency Management Agen22 cy. 

23 ‘‘(f) RESILIENCE IMPROVEMENT PLAN AND LOWER

24 NON-FEDERAL SHARE.— 

25 ‘‘(1) FEDERAL SHARE REDUCTIONS.— 


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1 ‘‘(A) IN GENERAL.—A State that receives 

2 funds under subsection (c) or an eligible entity 

3 that receives a grant under subsection (d) shall 

4 have the non-Federal share of a project carried 

5 out with the funds or grant, as applicable, re6 duced by an amount described in subparagraph 

7 (B) if the State or eligible entity meets the ap8 plicable requirements under that subparagraph. 

9 ‘‘(B) AMOUNT OF REDUCTIONS.— 

10 ‘‘(i) RESILIENCE IMPROVEMENT

11 PLAN.—Subject to clause (iii), the amount 

12 of the non-Federal share of the costs of a 

13 project carried out with funds under sub14 section (c) or a grant under subsection (d) 

15 shall be reduced by 7 percentage points 

16 if— 

17 ‘‘(I) in the case of a State or an 

18 eligible entity that is a State or a 

19 metropolitan planning organization, 

20 the State or eligible entity has— 

21 ‘‘(aa) developed a resilience 

22 improvement plan in accordance 

23 with this subsection; and 


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1 ‘‘(bb) prioritized the project 

2 on that resilience improvement 

3 plan; and 

4 ‘‘(II) in the case of an eligible en5 tity not described in subclause (I), the 

6 eligible entity is located in a State or 

7 an area served by a metropolitan 

8 planning organization that has— 

9 ‘‘(aa) developed a resilience 

10 improvement plan in accordance 

11 with this subsection; and 

12 ‘‘(bb) prioritized the project 

13 on that resilience improvement 

14 plan. 

15 ‘‘(ii) INCORPORATION OF RESILIENCE

16 IMPROVEMENT PLAN IN OTHER PLAN17 NING.—Subject to clause (iii), the amount 

18 of the non-Federal share of the cost of a 

19 project carried out with funds under sub20 section (c) or a grant under subsection (d) 

21 shall be reduced by 3 percentage points 

22 if— 

23 ‘‘(I) in the case of a State or an 

24 eligible entity that is a State or a 

25 metropolitan planning organization, 


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1 the resilience improvement plan devel2 oped in accordance with this sub3 section has been incorporated into the 

4 metropolitan transportation plan 

5 under section 134 or the long-range 

6 statewide transportation plan under 

7 section 135, as applicable; and 

8 ‘‘(II) in the case of an eligible en9 tity not described in subclause (I), the 

10 eligible entity is located in a State or 

11 an area served by a metropolitan 

12 planning organization that incor13 porated a resilience improvement plan 

14 into the metropolitan transportation 

15 plan under section 134 or the long16 range statewide transportation plan 

17 under section 135, as applicable. 

18 ‘‘(iii) LIMITATIONS.— 

19 ‘‘(I) MAXIMUM REDUCTION.—A 

20 State or eligible entity may not receive 

21 a reduction under this paragraph of 

22 more than 10 percentage points for 

23 any single project carried out with 

24 funds under subsection (c) or a grant 

25 under subsection (d). 


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1 ‘‘(II) NO NEGATIVE NON-FED2 ERAL SHARE.—A reduction under this 

3 paragraph shall not reduce the non4 Federal share of the costs of a project 

5 carried out with funds under sub6 section (c) or a grant under sub7 section (d) to an amount that is less 

8 than zero. 

9 ‘‘(2) PLAN CONTENTS.—A resilience improve10 ment plan referred to in paragraph (1)— 

11 ‘‘(A) shall be for the immediate and long12 range planning activities and investments of the 

13 State or metropolitan planning organization 

14 with respect to resilience; 

15 ‘‘(B) shall demonstrate a systemic ap16 proach to transportation system resilience and 

17 be consistent with and complementary of the 

18 State and local mitigation plans required under 

19 section 322 of the Robert T. Stafford Disaster 

20 Relief and Emergency Assistance Act (42 

21 U.S.C. 5165); 

22 ‘‘(C) shall— 

23 ‘‘(i) include a risk-based assessment 

24 of vulnerabilities of transportation assets 

25 and systems to current and future weather 


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1 events and natural disasters, such as se2 vere storms, flooding, drought, levee and 

3 dam failures, wildfire, rockslides, 

4 mudslides, sea level rise, extreme weather, 

5 including extreme temperatures, and earth6 quakes; 

7 ‘‘(ii) designate evacuation routes and 

8 strategies, including multimodal facilities, 

9 designated with consideration for individ10 uals without access to personal vehicles; 

11 ‘‘(iii) plan for response to anticipated 

12 emergencies, including plans for the mobil13 ity of— 

14 ‘‘(I) emergency response per15 sonnel and equipment; and 

16 ‘‘(II) access to emergency serv17 ices, including for vulnerable or dis18 advantaged populations; 

19 ‘‘(iv) describe the resilience improve20 ment policies, including strategies, land-use 

21 and zoning changes, investments in natural 

22 infrastructure, or performance measures 

23 that will inform the transportation invest24 ment decisions of the State or metropolitan 


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1 planning organization with the goal of in2 creasing resilience; 

3 ‘‘(v) include an investment plan 

4 that— 

5 ‘‘(I) includes a list of priority 

6 projects; and 

7 ‘‘(II) describes how funds pro8 vided by a grant under the program 

9 would be invested and matched, which 

10 shall not be subject to fiscal con11 straint requirements; and 

12 ‘‘(vi) use science and data and indi13 cate the source of data and methodologies; 

14 and 

15 ‘‘(D) shall, as appropriate— 

16 ‘‘(i) include a description of how the 

17 plan will improve the ability of the State or 

18 metropolitan planning organization— 

19 ‘‘(I) to respond promptly to the 

20 impacts of weather events and natural 

21 disasters; and 

22 ‘‘(II) to be prepared for changing 

23 conditions, such as sea level rise and 

24 increased flood risk; 


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1 ‘‘(ii) describe the codes, standards, 

2 and regulatory framework, if any, adopted 

3 and enforced to ensure resilience improve4 ments within the impacted area of pro5 posed projects included in the resilience 

6 improvement plan; 

7 ‘‘(iii) consider the benefits of com8 bining hard infrastructure assets, and nat9 ural infrastructure, through coordinated 

10 efforts by the Federal Government and the 

11 States; 

12 ‘‘(iv) assess the resilience of other 

13 community assets, including buildings and 

14 housing, emergency management assets, 

15 and energy, water, and communication in16 frastructure; 

17 ‘‘(v) use a long-term planning period; 

18 and 

19 ‘‘(vi) include such other information 

20 as the eligible entity considers appropriate. 

21 ‘‘(3) NO NEW PLANNING REQUIREMENTS.— 

22 Nothing in this section requires a metropolitan plan23 ning organization or a State to develop a resilience 

24 improvement plan or to include a resilience improve25 ment plan under the metropolitan transportation 


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1 plan under section 134 or the long-range statewide 

2 transportation plan under section 135, as applicable, 

3 of the metropolitan planning organization or State. 

4 ‘‘(g) MONITORING.— 

5 ‘‘(1) IN GENERAL.—Not later than 18 months 

6 after the date of enactment of this section, the Sec7 retary, in consultation with the officials described in 

8 subsection (e), shall— 

9 ‘‘(A) establish, for the purpose of evalu10 ating the effectiveness and impacts of projects 

11 carried out under the program— 

12 ‘‘(i) subject to paragraph (2), trans13 portation and any other metrics as the 

14 Secretary determines to be necessary; and 

15 ‘‘(ii) procedures for monitoring and 

16 evaluating projects based on those metrics; 

17 and 

18 ‘‘(B) select a representative sample of 

19 projects to evaluate based on the metrics and 

20 procedures established under subparagraph (A). 

21 ‘‘(2) NOTICE.—Before adopting any metrics de22 scribed in paragraph (1), the Secretary shall— 

23 ‘‘(A) publish the proposed metrics in the 

24 Federal Register; and 


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1 ‘‘(B) provide to the public an opportunity 

2 for comment on the proposed metrics. 

3 ‘‘(h) REPORTS.— 

4 ‘‘(1) REPORTS FROM ELIGIBLE ENTITIES.—Not 

5 later than 1 year after the date on which a project 

6 carried out under the program is completed, the en7 tity that carried out the project shall submit to the 

8 Secretary a report on the results of the project and 

9 the use of the funds received under the program. 

10 ‘‘(2) REPORTS TO CONGRESS.— 

11 ‘‘(A) ANNUAL REPORTS.—The Secretary 

12 shall submit to Congress, and publish on the 

13 website of the Department of Transportation, 

14 an annual report that describes the implemen15 tation of the program during the preceding cal16 endar year, including— 

17 ‘‘(i) each project for which a grant 

18 was provided under the program; 

19 ‘‘(ii) information relating to project 

20 applications received; 

21 ‘‘(iii) the manner in which the con22 sultation requirements were implemented 

23 under this section; 

24 ‘‘(iv) recommendations to improve the 

25 administration of the program, including 


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1 whether assistance from additional or 

2 fewer agencies to carry out the program is 

3 appropriate; 

4 ‘‘(v) the period required to disburse 

5 grant funds to recipients based on applica6 ble Federal coordination requirements; and 

7 ‘‘(vi) a list of facilities that repeatedly 

8 require repair or reconstruction due to 

9 emergency events. 

10 ‘‘(B) FINAL REPORT.—Not later than 5 

11 years after the date of enactment of the Amer12 ica’s Transportation Infrastructure Act of 

13 2019, the Secretary shall submit to Congress a 

14 report that includes the results of the reports 

15 submitted under subparagraph (A). 

16 ‘‘(i) ADMINISTRATIVE EXPENSES.—The Secretary 

17 shall use not more than 5 percent of the amounts made 

18 available to carry out the program for each fiscal year for 

19 the costs of administering the program, including moni20 toring and evaluation under subsection (g).’’. 

21 (b) CLERICAL AMENDMENT.—The analysis for chap22 ter 1 of title 23, United States Code (as amended by sec23 tion 1403(b)), is amended by inserting after the item re24 lating to section 178 the following: 

‘‘179. Promoting Resilient Operations for Transformative, Efficient, and Costsaving Transportation (PROTECT) grant program.’’. 


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1 SEC. 1408. DIESEL EMISSIONS REDUCTION. 

2 (a) REAUTHORIZATION OF DIESEL EMISSIONS RE3 DUCTION PROGRAM.—Section 797(a) of the Energy Policy 

4 Act of 2005 (42 U.S.C. 16137(a)) is amended by striking 

5 ‘‘2016’’ and inserting ‘‘2024’’. 

6 (b) RECOGNIZING DIFFERENCES IN DIESEL VEHI7 CLE, ENGINE, EQUIPMENT, AND FLEET USE.— 

8 (1) NATIONAL GRANT, REBATE, AND LOAN PRO9 GRAMS.—Section 792(c)(4)(D) of the Energy Policy 

10 Act of 2005 (42 U.S.C. 16132(c)(4)(D)) is amended 

11 by inserting ‘‘, recognizing differences in typical ve12 hicle, engine, equipment, and fleet use throughout 

13 the United States’’ before the semicolon. 

14 (2) STATE GRANT, REBATE, AND LOAN PRO15 GRAMS.—Section 793(b)(1) of the Energy Policy Act 

16 of 2005 (42 U.S.C. 16133(b)(1)) is amended— 

17 (A) in subparagraph (B), by striking ‘‘; 

18 and’’ and inserting a semicolon; and 

19 (B) by adding at the end the following: 

20 ‘‘(D) the recognition, for purposes of im21 plementing this section, of differences in typical 

22 vehicle, engine, equipment, and fleet use 

23 throughout the United States, including ex24 pected useful life; and’’. 

25 (c) REALLOCATION OF UNUSED STATE FUNDS.— 

26 Section 793(c)(2)(C) of the Energy Policy Act of 2005 


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1 (42 U.S.C. 16133(c)(2)(C)) is amended beginning in the 

2 matter preceding clause (i) by striking ‘‘to each remain3 ing’’ and all that follows through ‘‘this paragraph’’ in 

4 clause (ii) and inserting ‘‘to carry out section 792’’. 

5 Subtitle E—Miscellaneous 

6 SEC. 1501. ADDITIONAL DEPOSITS INTO HIGHWAY TRUST 

7 FUND. 

8 (a) IN GENERAL.—Section 105 of title 23, United 

9 States Code, is repealed. 

10 (b) CLERICAL AMENDMENT.—The analysis for chap11 ter 1 of title 23, United States Code, is amended by strik12 ing the item relating to section 105. 

13 SEC. 1502. STOPPING THREATS ON PEDESTRIANS. 

14 (a) DEFINITION OF BOLLARD INSTALLATION

15 PROJECT.—In this section, the term ‘‘bollard installation 

16 project’’ means a project to install raised concrete or metal 

17 posts on a sidewalk adjacent to a roadway that are de18 signed to slow or stop a motor vehicle. 

19 (b) ESTABLISHMENT.—Not later than 1 year after 

20 the date of enactment of this Act and subject to the avail21 ability of appropriations, the Secretary shall establish and 

22 carry out a competitive grant pilot program to provide as23 sistance to local government entities for bollard installa24 tion projects designed to prevent pedestrian injuries and 


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1 acts of terrorism in areas used by large numbers of pedes2 trians. 

3 (c) APPLICATION.—To be eligible to receive a grant 

4 under this section, a local government entity shall submit 

5 to the Secretary an application at such time, in such form, 

6 and containing such information as the Secretary deter7 mines to be appropriate, which shall include, at a min8 imum— 

9 (1) a description of the proposed bollard instal10 lation project to be carried out; 

11 (2) a description of the pedestrian injury or ter12 rorism risks with respect to the proposed installation 

13 area; and 

14 (3) an analysis of how the proposed bollard in15 stallation project will mitigate those risks. 

16 (d) USE OF FUNDS.—A recipient of a grant under 

17 this section may only use the grant funds for a bollard 

18 installation project. 

19 (e) FEDERAL SHARE.—The Federal share of the 

20 costs of a bollard installation project carried out with a 

21 grant under this section may be up to 100 percent. 

22 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

23 authorized to be appropriated to the Secretary to carry 

24 out this section $5,000,000 for each of fiscal years 2021 

25 through 2025. 


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1 SEC. 1503. TRANSFER AND SALE OF TOLL CREDITS. 

2 (a) DEFINITIONS.—In this section: 

3 (1) ORIGINATING STATE.—The term ‘‘origi4 nating State’’ means a State that— 

5 (A) is eligible to use a credit under section 

6 120(i) of title 23, United States Code; and 

7 (B) has been selected by the Secretary 

8 under subsection (d)(2). 

9 (2) PILOT PROGRAM.—The term ‘‘pilot pro10 gram’’ means the pilot program established under 

11 subsection (b). 

12 (3) RECIPIENT STATE.—The term ‘‘recipient 

13 State’’ means a State that receives a credit by trans14 fer or by sale under this section from an originating 

15 State. 

16 (4) STATE.—The term ‘‘State’’ has the mean17 ing given the term in section 101(a) of title 23, 

18 United States Code. 

19 (b) ESTABLISHMENT OF PILOT PROGRAM.—The Sec20 retary shall establish and implement a toll credit exchange 

21 pilot program in accordance with this section. 

22 (c) PURPOSES.—The purposes of the pilot program 

23 are— 

24 (1) to identify the extent of the demand to pur25 chase toll credits; 


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1 (2) to identify the cash price of toll credits 

2 through bilateral transactions between States; 

3 (3) to analyze the impact of the purchase or 

4 sale of toll credits on transportation expenditures; 

5 (4) to test the feasibility of expanding the pilot 

6 program to allow all States to participate on a per7 manent basis; and 

8 (5) to identify any other repercussions of the 

9 toll credit exchange. 

10 (d) SELECTION OF ORIGINATING STATES.— 

11 (1) APPLICATION.—In order to participate in 

12 the pilot program as an originating State, a State 

13 shall submit to the Secretary an application at such 

14 time, in such manner, and containing such informa15 tion as the Secretary may require, including, at a 

16 minimum, such information as is required for the 

17 Secretary to verify— 

18 (A) the amount of unused toll credits for 

19 which the State has submitted certification to 

20 the Secretary that are available to be sold or 

21 transferred under the pilot program, includ22 ing— 

23 (i) toll revenue generated and the 

24 sources of that revenue; 


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1 (ii) toll revenue used by public, quasi2 public, and private agencies to build, im3 prove, or maintain highways, bridges, or 

4 tunnels that serve the public purpose of 

5 interstate commerce; and 

6 (iii) an accounting of any Federal 

7 funds used by the public, quasi-public, or 

8 private agency to build, improve, or main9 tain the toll facility, to validate that the 

10 credit has been reduced by a percentage 

11 equal to the percentage of the total cost of 

12 building, improving, or maintaining the fa13 cility that was derived from Federal funds; 

14 (B) the documentation of maintenance of 

15 effort for toll credits earned by the originating 

16 State; and 

17 (C) the accuracy of the accounting system 

18 of the State to earn and track toll credits. 

19 (2) SELECTION.—Of the States that submit an 

20 application under paragraph (1), the Secretary may 

21 select not more than 10 States to be designated as 

22 an originating State. 

23 (3) LIMITATION ON SALES.—At any time, the 

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1 its that may be offered for sale under the pilot pro2 gram. 

3 (e) TRANSFER OR SALE OF CREDITS.— 

4 (1) IN GENERAL.—In carrying out the pilot 

5 program, the Secretary shall provide that an origi6 nating State may transfer or sell to a recipient State 

7 a credit not previously used by the originating State 

8 under section 120(i) of title 23, United States Code. 

9 (2) WEBSITE SUPPORT.—The Secretary shall 

10 make available a publicly accessible website on which 

11 originating States shall post the amount of toll cred12 its, verified under subsection (d)(1)(A), that are 

13 available for sale or transfer to a recipient State. 

14 (3) BILATERAL TRANSACTIONS.—An origi15 nating State and a recipient State may enter into a 

16 bilateral transaction to sell or transfer verified toll 

17 credits. 

18 (4) NOTIFICATION.—Not later than 30 days 

19 after the date on which a credit is transferred or 

20 sold, the originating State and the recipient State 

21 shall jointly submit to the Secretary a written notifi22 cation of the transfer or sale, including details on— 

23 (A) the amount of toll credits that have 

24 been sold or transferred; 


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1 (B) the price paid or other value trans2 ferred in exchange for the toll credits; 

3 (C) the intended use by the recipient State 

4 of the toll credits, if known; 

5 (D) the intended use by the originating 

6 State of the cash or other value transferred; 

7 (E) an update on the toll credit balance of 

8 the originating State and the recipient State; 

9 and 

10 (F) any other information about the trans11 action that the Secretary may require. 

12 (5) USE OF CREDITS BY TRANSFEREE OR PUR13 CHASER.—A recipient State may use a credit re14 ceived under paragraph (1) toward the non-Federal 

15 share requirement for any funds made available to 

16 carry out title 23 or chapter 53 of title 49, United 

17 States Code, in accordance with section 120(i) of 

18 title 23, United States Code. 

19 (6) USE OF PROCEEDS FROM SALE OF CRED20 ITS.—An originating State shall use the proceeds 

21 from the sale of a credit under paragraph (1) for the 

22 construction costs of any project in the originating 

23 State that is eligible under title 23, United States 

24 Code. 

25 (f) REPORTING REQUIREMENTS.— 


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1 (1) INITIAL REPORT.—Not later than 1 year 

2 after the date on which the pilot program is estab3 lished, the Secretary shall submit to the Committee 

4 on Environment and Public Works of the Senate 

5 and the Committee on Transportation and Infra6 structure of the House of Representatives a report 

7 on the progress of the pilot program. 

8 (2) FINAL REPORT.—Not later than 3 years 

9 after the date on which the pilot program is estab10 lished, the Secretary shall— 

11 (A) submit to the Committee on Environ12 ment and Public Works of the Senate and the 

13 Committee on Transportation and Infrastruc14 ture of the House of Representatives a report 

15 that— 

16 (i) determines whether a toll credit 

17 marketplace is viable and cost-effective; 

18 (ii) describes the buying and selling 

19 activities under the pilot program; 

20 (iii) describes the average sale price of 

21 toll credits; 

22 (iv) determines whether the pilot pro23 gram could be expanded to more States or 

24 all States or to non-State operators of toll 

25 facilities; 


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1 (v) provides updated information on 

2 the toll credit balance accumulated by each 

3 State; and 

4 (vi) describes the list of projects that 

5 were assisted by the pilot program; and 

6 (B) make the report under subparagraph 

7 (A) publicly available on the website of the De8 partment. 

9 (g) TERMINATION.— 

10 (1) IN GENERAL.—The Secretary may termi11 nate the pilot program or the participation of any 

12 State in the pilot program if the Secretary deter13 mines that— 

14 (A) the pilot program is not serving a pub15 lic benefit; or 

16 (B) it is not cost effective to carry out the 

17 pilot program. 

18 (2) PROCEDURES.—The termination of the pilot 

19 program or the participation of a State in the pilot 

20 program shall be carried out consistent with Federal 

21 requirements for project closeout, adjustment, and 

22 continuing responsibilities. 


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1 SEC. 1504. FOREST SERVICE LEGACY ROADS AND TRAILS 

2 REMEDIATION PROGRAM. 

3 Public Law 88–657 (16 U.S.C. 532 et seq.) (com4 monly known as the ‘‘Forest Roads and Trails Act’’) is 

5 amended by adding at the end the following: 

6 ‘‘SEC. 8. FOREST SERVICE LEGACY ROADS AND TRAILS RE7 MEDIATION PROGRAM. 

8 ‘‘(a) IN GENERAL.—Not later than 180 days after 

9 the date of enactment of this section, the Secretary, acting 

10 through the Chief of the Forest Service, shall establish, 

11 and develop a national strategy to carry out, a program, 

12 to be known as the ‘Forest Service Legacy Roads and 

13 Trails Remediation Program’, within the National Forest 

14 System, to carry out critical maintenance and urgent re15 pairs and improvements on National Forest System roads, 

16 trails, and bridges. 

17 ‘‘(b) PRIORITY.—In implementing the program under 

18 this section, the Secretary may give priority to any project 

19 that protects or restores— 

20 ‘‘(1) water quality; 

21 ‘‘(2) a watershed that feeds a public drinking 

22 water system; 

23 ‘‘(3) important wildlife habitat, as determined 

24 by the Secretary, in consultation with each affected 

25 State, including habitat of threatened, endangered, 

26 or sensitive fish or wildlife species; or 


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1 ‘‘(4) historic public access for authorized mul2 tiple uses of National Forest System land in accord3 ance with the Multiple-Use Sustained-Yield Act of 

4 1960 (16 U.S.C. 528 et seq.), including grazing, 

5 recreation, hunting, fishing, forest management, 

6 wildfire mitigation, and ecosystem restoration. 

7 ‘‘(c) NATIONAL FOREST SYSTEM.—Except as author8 ized under section 323 of the Department of the Interior 

9 and Related Agencies Appropriations Act, 1999 (16 

10 U.S.C. 1011a), each project carried out under this section 

11 shall be on a National Forest System road or trail. 

12 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

13 is authorized to be appropriated to the Secretary to carry 

14 out this section $50,000,000 for each of fiscal years 2021 

15 through 2025, to remain available until expended.’’. 

16 SEC. 1505. DISASTER RELIEF MOBILIZATION PILOT PRO17 GRAM. 

18 (a) DEFINITIONS.—In this section: 

19 (1) LOCAL COMMUNITY.—The term ‘‘local com20 munity’’ means— 

21 (A) a unit of local government; 

22 (B) a political subdivision of a State or 

23 local government; 


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1 (C) a metropolitan planning organization 

2 (as defined in section 134(b) of title 23, United 

3 States Code); 

4 (D) a rural planning organization; or 

5 (E) a Tribal government. 

6 (2) PILOT PROGRAM.—The term ‘‘pilot pro7 gram’’ means the pilot program established by the 

8 Secretary under subsection (b). 

9 (b) ESTABLISHMENT.—The Secretary shall establish 

10 and carry out a pilot program under which the Secretary 

11 shall provide grants to local communities to develop dis12 aster preparedness and disaster response plans that in13 clude the use of bicycles. 

14 (c) APPLICATION AND SELECTION REQUIRE15 MENTS.— 

16 (1) PARTNERSHIPS.—To be eligible to receive a 

17 grant under the pilot program, a local community 

18 shall demonstrate plans to enter into a partnership 

19 with— 

20 (A) 1 or more nonprofit community organi21 zations; or 

22 (B) 1 or more bicycle or pedestrian advo23 cacy organizations. 

24 (2) APPLICATION.—To be eligible to receive a 

25 grant under the pilot program, a local community 


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1 shall submit to the Secretary an application at such 

2 time, in such manner, and containing such informa3 tion as the Secretary may require, including an iden4 tification of each nonprofit community organization 

5 and bicycle or pedestrian advocacy organization with 

6 which the local community plans to establish a part7 nership under paragraph (1). 

8 (3) SELECTION.—For each fiscal year, the Sec9 retary shall select not fewer than 4, and not more 

10 than 10, local communities that meet the eligibility 

11 requirements to receive a grant under the pilot pro12 gram. 

13 (d) MAXIMUM AMOUNT.—The maximum amount of 

14 a grant under the pilot program shall be $125,000. 

15 (e) USE OF FUNDS.— 

16 (1) VULNERABILITY ASSESSMENT.— 

17 (A) IN GENERAL.—Each recipient of a 

18 grant under the pilot program shall carry out a 

19 vulnerability assessment of active transportation 

20 infrastructure in the applicable community, 

21 with a particular focus on areas in the local 

22 community that— 

23 (i) have low levels of vehicle owner24 ship; and 


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1 (ii) lack sufficient active transpor2 tation infrastructure routes to public 

3 transportation. 

4 (B) PUBLIC PARTICIPATION.—In carrying 

5 out the vulnerability assessment under subpara6 graph (A), a grant recipient shall— 

7 (i) provide an opportunity for public 

8 participation and feedback; and 

9 (ii) consider public feedback in devel10 oping or modifying response plans under 

11 paragraph (2). 

12 (2) DISASTER PREPAREDNESS AND DISASTER

13 RESPONSE PLANS.— 

14 (A) IN GENERAL.—Each recipient of a 

15 grant under the pilot program shall develop or 

16 modify, as applicable, disaster preparedness and 

17 disaster response plans to include the use of bi18 cycles by first responders, emergency workers, 

19 and community organization representatives— 

20 (i) during an evacuation— 

21 (I) to notify residents of the need 

22 to evacuate; 

23 (II) to evacuate individuals and 

24 goods; and 


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1 (III) to reach individuals who are 

2 in need of first aid and medical assist3 ance; and 

4 (ii) after a disaster— 

5 (I) to assist in searching for and 

6 locating individuals in the disaster 

7 area; 

8 (II) to carry— 

9 (aa) water; 

10 (bb) food; 

11 (cc) first aid and other med12 ical supplies; and 

13 (dd) power sources and elec14 tric supplies, such as cell phones, 

15 radios, lights, and batteries; 

16 (III) to reach individuals who are 

17 in need of the items described in sub18 clause (II); and 

19 (IV) to assist with other disaster 

20 relief tasks, as appropriate. 

21 (B) TRAINING AND PRACTICE.—As part of 

22 the plans under subparagraph (A), a grant re23 cipient shall— 


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1 (i) provide training for first respond2 ers, emergency workers, and community 

3 organization representatives regarding— 

4 (I) competent bicycle skills, in5 cluding the use of cargo bicycles and 

6 electric bicycles, as applicable; 

7 (II) basic bicycle maintenance; 

8 and 

9 (III) methods to use bicycles to 

10 carry out the activities described in 

11 clauses (i) and (ii) of subparagraph 

12 (A); and 

13 (ii) include in the plans a plan for— 

14 (I) practicing the skills described 

15 in clause (i); and 

16 (II) maintaining bicycles and re17 lated equipment. 

18 (C) BIKE SUPPLY.—As part of the plans 

19 under subparagraph (A), a grant recipient shall 

20 provide bicycles, as necessary and appropriate, 

21 to each community organization acting in part22 nership with the recipient to allow representa23 tives of the organization to assist in disaster 

24 preparedness and disaster response efforts. 


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1 (f) REPORT.—Not later than 2 years after the date 

2 of enactment of this Act, the Secretary shall submit to 

3 Congress a report that— 

4 (1) describes the activities carried out under the 

5 pilot program; 

6 (2) analyzes the effectiveness of the pilot pro7 gram; and 

8 (3) includes recommendations, if any, regarding 

9 methods by which to incorporate bicycles into dis10 aster preparedness and disaster response plans in 

11 other communities. 

12 SEC. 1506. APPALACHIAN REGIONAL DEVELOPMENT. 

13 (a) DEFINITION OF APPALACHIAN REGION, NORTH

14 CAROLINA.—Section 14102(a)(1)(G) of title 40, United 

15 States Code, is amended— 

16 (1) by inserting ‘‘Catawba,’’ after ‘‘Caldwell,’’; 

17 and 

18 (2) by inserting ‘‘Cleveland,’’ after ‘‘Clay,’’. 

19 (b) APPALACHIAN REGIONAL ENERGY HUB INITIA20 TIVE.— 

21 (1) IN GENERAL.—Subchapter I of chapter 145 

22 of subtitle IV of title 40, United States Code, is 

23 amended by adding at the end the following: 


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1 ‘‘§ 14511. Appalachian regional energy hub initiative 

2 ‘‘(a) IN GENERAL.—The Appalachian Regional Com3 mission may provide technical assistance to, make grants 

4 to, enter into contracts with, or otherwise provide amounts 

5 to individuals or entities in the Appalachian region for 

6 projects and activities— 

7 ‘‘(1) to conduct research and analysis regarding 

8 the economic impact of an ethane storage hub in the 

9 Appalachian region that supports a more-effective 

10 energy market performance due to the scale of the 

11 project, such as a project with the capacity to store 

12 and distribute more than 100,000 barrels per day of 

13 hydrocarbon feedstock with a minimum gross heat14 ing value of 1,700 Btu per standard cubic foot; 

15 ‘‘(2) with the potential to significantly con16 tribute to the economic resilience of the area in 

17 which the project is located; and 

18 ‘‘(3) that will help establish a regional energy 

19 hub in the Appalachian region for natural gas and 

20 natural gas liquids, including storage and associated 

21 pipelines. 

22 ‘‘(b) LIMITATION ON AVAILABLE AMOUNTS.—Of the 

23 cost of any activity eligible for a grant under this sec24 tion— 


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1 ‘‘(1) not more than 50 percent may be provided 

2 from amounts made available to carry out this sec3 tion; 

4 ‘‘(2) in the case of a project to be carried out 

5 in a county for which a distressed county designa6 tion is in effect under section 14526, not more than 

7 80 percent may be provided from amounts made 

8 available to carry out this section; and 

9 ‘‘(3) in the case of a project to be carried out 

10 in a county for which an at-risk county designation 

11 is in effect under section 14526, not more than 70 

12 percent may be provided from amounts made avail13 able to carry out this section. 

14 ‘‘(c) SOURCES OF ASSISTANCE.—Subject to sub15 section (b), a grant provided under this section may be 

16 provided from amounts made available to carry out this 

17 section, in combination with amounts made available— 

18 ‘‘(1) under any other Federal program; or 

19 ‘‘(2) from any other source. 

20 ‘‘(d) FEDERAL SHARE.—Notwithstanding any provi21 sion of law limiting the Federal share under any other 

22 Federal program, amounts made available to carry out 

23 this section may be used to increase that Federal share, 

24 as the Appalachian Regional Commission determines to be 

25 appropriate.’’. 


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1 (2) CLERICAL AMENDMENT.—The analysis for 

2 subchapter I of chapter 145 of title 40, United 

3 States Code, is amended by inserting after the item 

4 relating to section 14510 the following: 

‘‘14511. Appalachian regional energy hub initiative.’’. 

5 (c) AUTHORIZATIONS.—Section 14703 of title 40, 

6 United States Code, is amended— 

7 (1) in subsection (a)— 

8 (A) in paragraph (4), by striking ‘‘and’’ at 

9 the end; 

10 (B) in paragraph (5), by striking ‘‘through 

11 2020.’’ and inserting ‘‘through 2020; and’’; and 

12 (C) by adding at the end the following: 

13 ‘‘(6) $180,000,000 for each of fiscal years 2021 

14 through 2025.’’; 

15 (2) in subsection (c)— 

16 (A) by striking ‘‘$10,000,000’’ and insert17 ing ‘‘$20,000,000’’; and 

18 (B) by striking ‘‘2020’’ and inserting 

19 ‘‘2025’’; 

20 (3) by redesignating subsections (d) and (e) as 

21 subsections (e) and (f), respectively; and 

22 (4) by inserting after subsection (c) the fol23 lowing: 

24 ‘‘(d) APPALACHIAN REGIONAL ENERGY HUB INITIA25 TIVE.—Of the amounts made available under subsection 


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1 (a), $5,000,000 shall be used to carry out section 14511 

2 for each of fiscal years 2021 through 2025.’’. 

3 (d) TERMINATION.—Section 14704 of title 40, 

4 United States Code, is amended by striking ‘‘2020’’ and 

5 inserting ‘‘2025’’. 

6 SEC. 1507. REQUIREMENTS FOR TRANSPORTATION 

7 PROJECTS CARRIED OUT THROUGH PUBLIC8 PRIVATE PARTNERSHIPS. 

9 (a) DEFINITIONS.—In this section: 

10 (1) PROJECT.—The term ‘‘project’’ means a 

11 project (as defined in section 101 of title 23, United 

12 States Code) that— 

13 (A) is carried out, in whole or in part, 

14 using Federal financial assistance; and 

15 (B) has an estimated total cost of 

16 $100,000,000 or more. 

17 (2) PUBLIC-PRIVATE PARTNERSHIP.—The term 

18 ‘‘public-private partnership’’ means an agreement 

19 between a public agency and a private entity to fi20 nance, build, and maintain or operate a project. 

21 (b) REQUIREMENTS FOR PROJECTS CARRIED OUT

22 THROUGH PUBLIC-PRIVATE PARTNERSHIPS.—With re23 spect to a public-private partnership, as a condition of re24 ceiving Federal financial assistance for a project, the SecVerDate Sep 11 2014 00:29 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00373 Fmt 6652 Sfmt 6201 E:\BILLS\S2302.IS S2302

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1 retary shall require the public partner, not later than 3 

2 years after the date of opening of the project to traffic— 

3 (1) to conduct a review of the project, including 

4 a review of the compliance of the private partner 

5 with the terms of the public-private partnership 

6 agreement; 

7 (2)(A) to certify to the Secretary that the pri8 vate partner of the public-private partnership is 

9 meeting the terms of the public-private partnership 

10 agreement for the project; or 

11 (B) to notify the Secretary that the private 

12 partner of the public-private partnership has not 

13 met 1 or more of the terms of the public-private 

14 partnership agreement for the project, including a 

15 brief description of each violation of the public-pri16 vate partnership agreement; and 

17 (3) to make publicly available the certification 

18 or notification, as applicable, under paragraph (2) in 

19 a form that does not disclose any proprietary or con20 fidential business information. 

21 (c) NOTIFICATION.—If the Secretary provides Fed22 eral financial assistance to a project carried out through 

23 a public-private partnership, not later than 30 days after 

24 the date on which the Federal financial assistance is first 

25 obligated, the Secretary shall submit to the Committee on 


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1 Environment and Public Works of the Senate and the 

2 Committee on Transportation and Infrastructure of the 

3 House of Representatives a notification of the Federal fi4 nancial assistance made available for the project. 

5 (d) VALUE FOR MONEY ANALYSIS.— 

6 (1) PROJECT APPROVAL AND OVERSIGHT.—Sec7 tion 106(h)(3) of title 23, United States Code, is 

8 amended— 

9 (A) in subparagraph (C), by striking 

10 ‘‘and’’ at the end; 

11 (B) by redesignating subparagraph (D) as 

12 subparagraph (E); and 

13 (C) by inserting after subparagraph (C) 

14 the following: 

15 ‘‘(D) for a project in which the project 

16 sponsor intends to carry out the project 

17 through a public-private partnership agreement, 

18 shall include a detailed value for money analysis 

19 or similar comparative analysis for the project; 

20 and’’. 

21 (2) SURFACE TRANSPORTATION BLOCK GRANT

22 PROGRAM.—Paragraph (16) of section 133(b) of 

23 title 23, United States Code (as redesignated by sec24 tion 1109(a)(1)(C)), is amended by inserting ‘‘, inVerDate Sep 11 2014 00:29 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00375 Fmt 6652 Sfmt 6201 E:\BILLS\S2302.IS S2302

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1 cluding conducting value for money analyses or simi2 lar comparative analyses,’’ after ‘‘oversight’’. 

3 (3) TIFIA.—Section 602(a) of title 23, United 

4 States Code, is amended by adding at the end the 

5 following: 

6 ‘‘(11) PUBLIC-PRIVATE PARTNERSHIPS.—In the 

7 case of a project to be carried out through a public8 private partnership, the public partner shall have— 

9 ‘‘(A) conducted a value for money analysis 

10 or similar comparative analysis; and 

11 ‘‘(B) determined the appropriateness of the 

12 public-private partnership agreement.’’. 

13 (e) APPLICABILITY.—This section and the amend14 ments made by this section shall only apply to a public15 private partnership agreement entered into on or after the 

16 date of enactment of this Act. 

17 SEC. 1508. COMMUNITY CONNECTIVITY PILOT PROGRAM. 

18 (a) DEFINITION OF ELIGIBLE FACILITY.— 

19 (1) IN GENERAL.—In this section, the term ‘‘el20 igible facility’’ means a highway or other transpor21 tation facility that creates a barrier to community 

22 connectivity, including barriers to mobility, access, 

23 or economic development, due to high speeds, grade 

24 separations, or other design factors. 


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1 (2) INCLUSIONS.—In this section, the term ‘‘eli2 gible facility’’ may include— 

3 (A) a limited access highway; 

4 (B) a viaduct; and 

5 (C) any other principal arterial facility. 

6 (b) ESTABLISHMENT.—The Secretary shall establish 

7 a pilot program through which an eligible entity may apply 

8 for funding— 

9 (1) to study the feasibility and impacts of re10 moving an existing eligible facility; 

11 (2) to conduct planning activities necessary to 

12 design a project to remove an existing eligible facil13 ity; and 

14 (3) to conduct construction activities necessary 

15 to carry out a project to remove an existing eligible 

16 facility. 

17 (c) PLANNING GRANTS.— 

18 (1) ELIGIBLE ENTITIES.—The Secretary may 

19 award a grant (referred to in this section as a ‘‘plan20 ning grant’’) to carry out planning activities de21 scribed in paragraph (2) to— 

22 (A) a State; 

23 (B) a unit of local government; 

24 (C) a Tribal government; 


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1 (D) a metropolitan planning organization; 

2 and 

3 (E) a nonprofit organization. 

4 (2) ELIGIBLE ACTIVITIES DESCRIBED.—The 

5 planning activities referred to in paragraph (1) 

6 are— 

7 (A) planning studies to evaluate the feasi8 bility of removing an eligible facility, including 

9 evaluations of— 

10 (i) current traffic patterns on the eli11 gible facility proposed for removal and the 

12 surrounding street network; 

13 (ii) the capacity of existing transpor14 tation networks to maintain mobility 

15 needs; 

16 (iii) an analysis of alternative roadway 

17 designs or other uses for the right-of-way 

18 of the eligible facility, including an analysis 

19 of whether the available right-of-way would 

20 suffice to create an alternative roadway de21 sign; 

22 (iv) the effect of the removal of the el23 igible facility on the mobility of freight and 

24 people; 


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1 (v) the effect of the removal of the eli2 gible facility on the safety of the traveling 

3 public; 

4 (vi) the cost to remove the eligible fa5 cility and to convert the eligible facility to 

6 a different roadway design or use, com7 pared to any expected costs for necessary 

8 maintenance or reconstruction of the eligi9 ble facility; 

10 (vii) the anticipated economic impact 

11 of removing and converting the eligible fa12 cility and any economic development op13 portunities that would be created by re14 moving and converting the eligible facility; 

15 and 

16 (viii) the environmental impacts of re17 taining or reconstructing the eligible facil18 ity and the anticipated effect of the pro19 posed alternative use or roadway design; 

20 (B) public engagement activities to provide 

21 opportunities for public input into a plan to re22 move and convert an eligible facility; and 

23 (C) other transportation planning activities 

24 required in advance of a project to remove an 


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1 existing eligible facility, as determined by the 

2 Secretary. 

3 (3) TECHNICAL ASSISTANCE PROGRAM.— 

4 (A) IN GENERAL.—The Secretary may 

5 provide technical assistance described in sub6 paragraph (B) to an eligible entity. 

7 (B) TECHNICAL ASSISTANCE DE8 SCRIBED.—The technical assistance referred to 

9 in subparagraph (A) is technical assistance in 

10 building organizational or community capac11 ity— 

12 (i) to engage in transportation plan13 ning; and 

14 (ii) to identify innovative solutions to 

15 infrastructure challenges, including recon16 necting communities that— 

17 (I) are bifurcated by eligible fa18 cilities; or 

19 (II) lack safe, reliable, and af20 fordable transportation choices. 

21 (C) PRIORITIES.—In selecting recipients of 

22 technical assistance under subparagraph (A), 

23 the Secretary shall give priority to an applica24 tion from a community that is economically dis25 advantaged. 


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1 (4) SELECTION.—The Secretary shall— 

2 (A) solicit applications for— 

3 (i) planning grants; and 

4 (ii) technical assistance under para5 graph (3); and 

6 (B) evaluate applications for a planning 

7 grant on the basis of the demonstration by the 

8 applicant that— 

9 (i) the eligible facility is aged and is 

10 likely to need replacement or significant re11 construction within the 20-year period be12 ginning on the date of the submission of 

13 the application; 

14 (ii) the eligible facility— 

15 (I) creates barriers to mobility, 

16 access, or economic development; or 

17 (II) is not justified by current 

18 and forecast future travel demand; 

19 and 

20 (iii) on the basis of preliminary inves21 tigations into the feasibility of removing 

22 the eligible facility, further investigation is 

23 necessary and likely to be productive. 

24 (5) AWARD AMOUNTS.—A planning grant may 

25 not exceed $2,000,000 per recipient. 


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1 (6) FEDERAL SHARE.—The total Federal share 

2 of the cost of a planning activity for which a plan3 ning grant is used shall not exceed 80 percent. 

4 (d) CAPITAL CONSTRUCTION GRANTS.— 

5 (1) ELIGIBLE ENTITIES.—The Secretary may 

6 award a grant (referred to in this section as a ‘‘cap7 ital construction grant’’) to the owner of an eligible 

8 facility to carry out an eligible project described in 

9 paragraph (3) for which all necessary feasibility 

10 studies and other planning activities have been com11 pleted. 

12 (2) PARTNERSHIPS.—An owner of an eligible 

13 facility may, for the purposes of submitting an appli14 cation for a capital construction grant, if applicable, 

15 partner with— 

16 (A) a State; 

17 (B) a unit of local government; 

18 (C) a Tribal government; 

19 (D) a metropolitan planning organization; 

20 or 

21 (E) a nonprofit organization. 

22 (3) ELIGIBLE PROJECTS.—A project eligible to 

23 be carried out with a capital construction grant in24 cludes— 

25 (A) the removal of an eligible facility; and 


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1 (B) the replacement of an eligible facility 

2 with a new facility that is— 

3 (i) sensitive to the context of the sur4 rounding community; and 

5 (ii) otherwise eligible for funding 

6 under title 23, United States Code. 

7 (4) SELECTION.—The Secretary shall— 

8 (A) solicit applications for capital construc9 tion grants; and 

10 (B) evaluate applications on the basis of— 

11 (i) the degree to which the project will 

12 improve mobility and access through the 

13 removal of barriers; 

14 (ii) the appropriateness of removing 

15 the eligible facility, based on current traffic 

16 patterns and the ability of the replacement 

17 facility and the regional transportation 

18 network to absorb transportation demand 

19 and provide safe mobility and access; 

20 (iii) the impact of the project on 

21 freight movement; 

22 (iv) the results of a cost-benefit anal23 ysis of the project; 

24 (v) the opportunities for inclusive eco25 nomic development; 


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1 (vi) the degree to which the eligible 

2 facility is out of context with the current 

3 or planned land use; 

4 (vii) the results of any feasibility 

5 study completed for the project; and 

6 (viii) the plan of the applicant for— 

7 (I) employing residents in the 

8 area impacted by the project through 

9 targeted hiring programs, in partner10 ship with registered apprenticeship 

11 programs, if applicable; and 

12 (II) contracting and subcon13 tracting with disadvantaged business 

14 enterprises. 

15 (5) MINIMUM AWARD AMOUNTS.—A capital 

16 construction grant shall be in an amount not less 

17 than $5,000,000 per recipient. 

18 (6) FEDERAL SHARE.— 

19 (A) IN GENERAL.—Subject to subpara20 graph (B), a capital construction grant may not 

21 exceed 50 percent of the total cost of the 

22 project for which the grant is awarded. 

23 (B) MAXIMUM FEDERAL INVOLVEMENT.— 

24 Federal assistance other than a capital con25 struction grant may be used to satisfy the nonVerDate Sep 11 2014 00:29 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00384 Fmt 6652 Sfmt 6201 E:\BILLS\S2302.IS S2302

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1 Federal share of the cost of a project for which 

2 the grant is awarded, except that the total Fed3 eral assistance provided for a project for which 

4 the grant is awarded may not exceed 80 percent 

5 of the total cost of the project. 

6 (7) COMMUNITY ADVISORY BOARD.— 

7 (A) IN GENERAL.—To help achieve inclu8 sive economic development benefits with respect 

9 to the project for which a grant is awarded, a 

10 grant recipient may form a community advisory 

11 board, which shall— 

12 (i) facilitate community engagement 

13 with respect to the project; and 

14 (ii) track progress with respect to 

15 commitments of the grant recipient to in16 clusive employment, contracting, and eco17 nomic development under the project. 

18 (B) MEMBERSHIP.—If a grant recipient 

19 forms a community advisory board under sub20 paragraph (A), the community advisory board 

21 shall be composed of representatives of— 

22 (i) the community; 

23 (ii) owners of businesses that serve 

24 the community; 


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1 (iii) labor organizations that represent 

2 workers that serve the community; and 

3 (iv) State and local government. 

4 (e) REPORTS.— 

5 (1) USDOT REPORT ON PILOT PROGRAM.—Not 

6 later than January 1, 2025, the Secretary shall sub7 mit to the Committee on Environment and Public 

8 Works of the Senate and the Committee on Trans9 portation and Infrastructure of the House of Rep10 resentatives a report that evaluates the pilot pro11 gram under this section, including— 

12 (A) information about the level of appli13 cant interest in planning grants, technical as14 sistance under subsection (c)(3), and capital 

15 construction grants, including the extent to 

16 which overall demand exceeded available funds; 

17 and 

18 (B) for recipients of capital construction 

19 grants, the outcomes and impacts of the high20 way removal project, including— 

21 (i) any changes in the overall level of 

22 mobility, congestion, access, and safety in 

23 the project area; and 


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1 (ii) environmental impacts and eco2 nomic development opportunities in the 

3 project area. 

4 (2) GAO REPORT ON HIGHWAY REMOVALS.— 

5 Not later than 2 years after the date of enactment 

6 of this Act, the Comptroller General of the United 

7 States shall issue a report that— 

8 (A) identifies examples of projects to re9 move highways using Federal highway funds; 

10 (B) evaluates the effect of highway re11 moval projects on the surrounding area, includ12 ing impacts to the local economy, congestion ef13 fects, safety outcomes, and impacts on the 

14 movement of freight and people; 

15 (C) evaluates the existing Federal-aid pro16 gram eligibility under title 23, United States 

17 Code, for highway removal projects; 

18 (D) analyzes the costs and benefits of and 

19 barriers to removing underutilized highways 

20 that are nearing the end of their useful life 

21 compared to replacing or reconstructing the 

22 highway; and 

23 (E) provides recommendations for inte24 grating those assessments into transportation 

25 planning and decision-making processes. 


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1 (f) TECHNICAL ASSISTANCE.—Of the funds made 

2 available to carry out this section for planning grants, the 

3 Secretary may use not more than $15,000,000 during the 

4 period of fiscal years 2021 through 2025 to provide tech5 nical assistance under subsection (c)(3). 

6 SEC. 1509. REPEAL OF RESCISSION. 

7 (a) IN GENERAL.—Section 1438 of the FAST Act 

8 (Public Law 114–94; 129 Stat. 1432) is repealed. 

9 (b) CLERICAL AMENDMENT.—The table of contents 

10 in section 1(b) of the FAST Act (Public Law 114–94; 129 

11 Stat. 1312) is amended by striking the item relating to 

12 section 1438. 

13 SEC. 1510. FEDERAL INTERAGENCY WORKING GROUP FOR 

14 CONVERSION OF FEDERAL FLEET TO HY15 BRID-ELECTRIC VEHICLES, ELECTRIC VEHI16 CLES, AND ALTERNATIVE FUELED VEHICLES. 

17 (a) IN GENERAL.—Not later than 1 year after the 

18 date of enactment of this Act, the Chair of the Council 

19 on Environmental Quality shall coordinate and chair a 

20 Federal interagency working group to develop a strategy 

21 to transition the vehicle fleets of the respective Federal 

22 agencies to hybrid-electric vehicles, plug-in electric drive 

23 vehicles, and alternative fueled vehicles (as defined in sec24 tion 301 of the Energy Policy Act of 1992 (42 U.S.C. 

25 13211)), to the maximum extent practicable. 


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1 (b) GOALS.—The goals of the interagency working 

2 group established under subsection (a) are— 

3 (1) to ensure that the Federal vehicle fleet is at 

4 the leading edge of transitioning to clean energy 

5 sources; and 

6 (2) to develop targets for each year such that 

7 the total number of vehicles purchased for the Fed8 eral fleet in the applicable year includes a percentage 

9 of hybrid-electric vehicles, plug-in electric drive vehi10 cles, and alternative fueled vehicles that is not less 

11 than the percentage of hybrid-electric vehicles, plug12 in electric drive vehicles, and alternative fueled vehi13 cles purchased in the United States in the previous 

14 year. 

15 (c) REQUIREMENT.—In developing the strategy 

16 under subsection (a), the interagency working group es17 tablished under that subsection shall consider— 

18 (1) cost-effectiveness; and 

19 (2) the types of vehicles that are appropriate to 

20 the mission of each Federal agency. 

21 (d) REPORT.—Not later than 1 year after the date 

22 of enactment of this Act, and annually thereafter, the Fed23 eral interagency working group shall submit to the Com24 mittee on Environment and Public Works of the Senate 

25 and the Committee on Transportation and Infrastructure 


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1 of the House of Representatives a report that describes 

2 the progress made toward implementing the strategy de3 veloped under subsection (a). 

4 SEC. 1511. CYBERSECURITY TOOL; CYBER COORDINATOR. 

5 (a) DEFINITIONS.—In this section: 

6 (1) ADMINISTRATOR.—The term ‘‘Adminis7 trator’’ means the Administrator of the Federal 

8 Highway Administration. 

9 (2) CYBER INCIDENT.—The term ‘‘cyber inci10 dent’’ has the meaning given the term ‘‘significant 

11 cyber incident’’ in Presidential Policy Directive–41 

12 (July 26, 2016, relating to cyber incident coordina13 tion). 

14 (3) TRANSPORTATION AUTHORITY.—The term 

15 ‘‘transportation authority’’ means— 

16 (A) a public authority (as defined in sec17 tion 101(a) of title 23, United States Code); 

18 (B) an owner or operator of a highway (as 

19 defined in section 101(a) of title 23, United 

20 States Code); 

21 (C) a manufacturer that manufactures a 

22 product related to transportation; and 

23 (D) a division office of the Federal High24 way Administration. 

25 (b) CYBERSECURITY TOOL.— 


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1 (1) IN GENERAL.—Not later than 2 years after 

2 the date of enactment of this Act, the Administrator 

3 shall develop a tool to assist transportation authori4 ties in identifying, detecting, protecting against, re5 sponding to, and recovering from cyber incidents. 

6 (2) REQUIREMENTS.—In developing the tool 

7 under paragraph (1), the Administrator shall— 

8 (A) use the cybersecurity framework estab9 lished by the National Institute of Standards 

10 and Technology and required by Executive 

11 Order 13636 of February 12, 2013 (78 Fed. 

12 Reg. 11739; relating to improving critical infra13 structure cybersecurity); 

14 (B) establish a structured cybersecurity as15 sessment and development program; 

16 (C) consult with appropriate transportation 

17 authorities, operating agencies, industry stake18 holders, and cybersecurity experts; and 

19 (D) provide for a period of public comment 

20 and review on the tool. 

21 (c) DESIGNATION OF CYBER COORDINATOR.— 

22 (1) IN GENERAL.—Not later than 2 years after 

23 the date of enactment of this Act, the Administrator 

24 shall designate an office as a ‘‘cyber coordinator’’, 

25 which shall be responsible for monitoring, alerting, 


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1 and advising transportation authorities of cyber inci2 dents. 

3 (2) REQUIREMENTS.—The office designated 

4 under paragraph (1) shall— 

5 (A) provide to transportation authorities a 

6 secure method of notifying a single Federal en7 tity of cyber incidents; 

8 (B) monitor cyber incidents that affect 

9 transportation authorities; 

10 (C) alert transportation authorities to 

11 cyber incidents that affect those transportation 

12 authorities; 

13 (D) investigate unaddressed cyber inci14 dents that affect transportation authorities; and 

15 (E) provide to transportation authorities 

16 educational resources, outreach, and awareness 

17 on fundamental principles and best practices in 

18 cybersecurity for transportation systems. 

19 SEC. 1512. STUDY ON MOST EFFECTIVE UPGRADES TO 

20 ROADWAY INFRASTRUCTURE. 

21 (a) IN GENERAL.—Not later than 1 year after the 

22 date of enactment of this Act, the Secretary shall offer 

23 to enter into an agreement with the Transportation Re24 search Board of the National Academies of Sciences, En25 gineering, and Medicine to conduct a study— 


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1 (1) to identify specific immediate and specific 

2 long-term types of improvements to roadway infra3 structure that would benefit the largest segment of 

4 road users, autonomous vehicles, and automated 

5 driving systems; and 

6 (2) to examine how best to achieve uniformity 

7 in roadway infrastructure to facilitate the safe de8 ployment of autonomous vehicles and automated 

9 driving systems. 

10 (b) RECOMMENDATIONS.—The study conducted 

11 under subsection (a) shall include recommendations to 

12 Congress relating to the matters studied under paragraphs 

13 (1) and (2) of that subsection. 

14 (c) PUBLIC COMMENT.—Before entering into an 

15 agreement under subsection (a), the Secretary shall pro16 vide an opportunity for public comment on the study pro17 posal. 

18 (d) REPORT.—If the Transportation Research Board 

19 enters into the agreement under subsection (a), to the 

20 maximum extent practicable, not later than 2 years after 

21 the date of enactment of this Act, the Secretary shall sub22 mit to Congress the study conducted under that sub23 section. 


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1 SEC. 1513. STUDY ON VEHICLE-TO-INFRASTRUCTURE COM2 MUNICATION TECHNOLOGY. 

3 (a) IN GENERAL.—Not later than 1 year after the 

4 date of enactment of this Act, the Secretary shall offer 

5 to enter into an agreement with the Transportation Re6 search Board of the National Academy of Sciences, Engi7 neering, and Medicine to conduct a study to identify im8 mediate and long-term safety benefits of— 

9 (1) vehicle-to-infrastructure connectivity tech10 nologies; and 

11 (2) technologies that would allow motor vehicles 

12 and roadway infrastructure to communicate using 

13 dedicated short-range communications and related 

14 safety applications. 

15 (b) CONTENTS.—The study conducted under sub16 section (a) shall include— 

17 (1) recommendations to Congress on specific 

18 improvements to roadway infrastructure that would 

19 be needed to facilitate the implementation of— 

20 (A) technologies that would allow motor 

21 vehicles and roadway infrastructure to commu22 nicate using dedicated short-range communica23 tions; and 

24 (B) other vehicle-to-infrastructure 

25 connectivity technologies; and 


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1 (2) an evaluation of the safety, mobility, and 

2 environmental impacts resulting from a delay of the 

3 adoption of proven dedicated short-range commu4 nication technologies for vehicle-to-infrastructure 

5 communication. 

6 (c) PUBLIC COMMENT.—Before entering into an 

7 agreement under subsection (a), the Secretary shall pro8 vide an opportunity for public comment on the study pro9 posal. 

10 (d) REPORT.—If the Transportation Research Board 

11 enters into the agreement under subsection (a), to the 

12 maximum extent practicable, not later than 2 years after 

13 the date of enactment of this Act, the Secretary shall sub14 mit to Congress the study conducted under this section. 

15 SEC. 1514. NONHIGHWAY RECREATIONAL FUEL STUDY. 

16 (a) DEFINITIONS.—In this section: 

17 (1) HIGHWAY TRUST FUND.—The term ‘‘High18 way Trust Fund’’ means the Highway Trust Fund 

19 established by section 9503(a) of the Internal Rev20 enue Code of 1986. 

21 (2) NONHIGHWAY RECREATIONAL FUEL

22 TAXES.—The term ‘‘nonhighway recreational fuel 

23 taxes’’ means taxes under section 4041 and 4081 of 

24 the Internal Revenue Code of 1986 with respect to 

25 fuel used in vehicles on recreational trails or back 


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1 country terrain (including vehicles registered for 

2 highway use when used on recreational trails, trail 

3 access roads not eligible for funding under title 23, 

4 United States Code, or back country terrain). 

5 (3) RECREATIONAL TRAILS PROGRAM.—The 

6 term ‘‘recreational trails program’’ means the rec7 reational trails program under section 206 of title 

8 23, United States Code. 

9 (b) ASSESSMENT; REPORT.— 

10 (1) ASSESSMENT.—Not later than 1 year after 

11 the date of enactment of this Act and not less fre12 quently than once every 5 years thereafter, as deter13 mined by the Secretary, the Secretary shall carry 

14 out an assessment of the best available estimate of 

15 the total amount of nonhighway recreational fuel 

16 taxes received by the Secretary of the Treasury and 

17 transferred to the Highway Trust Fund for the pe18 riod covered by the assessment. 

19 (2) REPORT.—After carrying out each assess20 ment under paragraph (1), the Secretary shall sub21 mit to the Committees on Finance and Environment 

22 and Public Works of the Senate and the Committees 

23 on Ways and Means and Transportation and Infra24 structure of the House of Representatives a report 

25 that includes— 


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1 (A) to assist Congress in determining an 

2 appropriate funding level for the recreational 

3 trails program— 

4 (i) a description of the results of the 

5 assessment; and 

6 (ii) an evaluation of whether the cur7 rent recreational trails program funding 

8 level reflects the amount of nonhighway 

9 recreational fuel taxes collected and trans10 ferred to the Highway Trust Fund; and 

11 (B) in the case of the first report sub12 mitted under this paragraph, an estimate of the 

13 frequency with which the Secretary anticipates 

14 carrying out the assessment under paragraph 

15 (1), subject to the condition that such an as16 sessment shall be carried out not less frequently 

17 than once every 5 years. 

18 (c) CONSULTATION.—In carrying out an assessment 

19 under subsection (b)(1), the Secretary may consult with, 

20 as the Secretary determines to be appropriate— 

21 (1) the heads of— 

22 (A) State agencies designated by Gov23 ernors pursuant to section 206(c)(1) of title 23, 

24 United States Code, to administer the rec25 reational trails program; and 


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1 (B) division offices of the Department; 

2 (2) the Secretary of the Treasury; 

3 (3) the Administrator of the Federal Highway 

4 Administration; and 

5 (4) groups representing recreational activities 

6 and interests, including hiking, biking and mountain 

7 biking, horseback riding, water trails, snowshoeing, 

8 cross-country skiing, snowmobiling, off-highway 

9 motorcycling, all-terrain vehicles and other offroad 

10 motorized vehicle activities, and recreational trail ad11 vocates. 

12 SEC. 1515. BUY AMERICA. 

13 Section 313 of title 23, United States Code, is 

14 amended— 

15 (1) by redesignating subsection (g) as sub16 section (h); and 

17 (2) by inserting after subsection (f) the fol18 lowing: 

19 ‘‘(g) WAIVERS.— 

20 ‘‘(1) IN GENERAL.—Not less than 15 days be21 fore issuing a waiver under this section, the Sec22 retary shall provide to the public— 

23 ‘‘(A) notice of the proposed waiver; 

24 ‘‘(B) an opportunity for comment on the 

25 proposed waiver; and 


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1 ‘‘(C) the reasons for the proposed waiver. 

2 ‘‘(2) REPORT.—Not less frequently than annu3 ally, the Secretary shall submit to the Committee on 

4 Environment and Public Works of the Senate and 

5 the Committee on Transportation and Infrastructure 

6 of the House of Representatives a report on the 

7 waivers provided under this section.’’. 

8 SEC. 1516. REPORT ON DATA-DRIVEN INFRASTRUCTURE 

9 TRAFFIC SAFETY IMPROVEMENTS. 

10 The Administrator of the Federal Highway Adminis11 tration shall— 

12 (1) conduct a study to identify data-driven in13 frastructure traffic safety improvements for priority 

14 focus areas identified by the Administrator, includ15 ing improvements that would benefit older drivers, 

16 teenage drivers, commercial drivers, and other vul17 nerable drivers; 

18 (2) on completion of the study under paragraph 

19 (1), submit to the Committee on Environment and 

20 Public Works of the Senate and the Committee on 

21 Transportation and Infrastructure of the House of 

22 Representatives a report that— 

23 (A) describes the results of the study; and 


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1 (B) includes recommendations for data2 driven infrastructure traffic safety improve3 ments that could be implemented; and 

4 (3) based on the results of the study, promote 

5 the use of the data-driven infrastructure traffic safe6 ty improvements recommended under paragraph 

7 (2)(B). 

8 SEC. 1517. HIGH PRIORITY CORRIDORS ON THE NATIONAL 

9 HIGHWAY SYSTEM. 

10 (a) HIGH PRIORITY CORRIDORS.—Section 1105(c) of 

11 the Intermodal Surface Transportation Efficiency Act of 

12 1991 (Public Law 102–240; 105 Stat. 2032; 131 Stat. 

13 797) is amended by adding at the end the following: 

14 ‘‘(91) United States Route 421 from the inter15 change with Interstate Route 85 in Greensboro, 

16 North Carolina, to the interchange with Interstate 

17 Route 95 in Dunn, North Carolina. 

18 ‘‘(92) The Wendell H. Ford (Western Ken19 tucky) Parkway from the interchange with the Wil20 liam H. Natcher Parkway in Ohio County, Ken21 tucky, west to the interchange of the Western Ken22 tucky Parkway with the Edward T. Breathitt 

23 (Pennyrile) Parkway.’’. 

24 (b) DESIGNATION AS FUTURE INTERSTATE.—Sec25 tion 1105(e)(5)(A) of the Intermodal Surface TransporVerDate Sep 11 2014 00:29 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00400 Fmt 6652 Sfmt 6201 E:\BILLS\S2302.IS S2302

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1 tation Efficiency Act of 1991 (Public Law 102–240; 109 

2 Stat. 597; 131 Stat. 797) is amended in the first sentence 

3 by striking ‘‘and subsection (c)(90)’’ and inserting ‘‘sub4 section (c)(90), subsection (c)(91), and subsection 

5 (c)(92)’’. 

6 (c) NUMBERING OF PARKWAY.—Section 

7 1105(e)(5)(C)(i) of the Intermodal Surface Transpor8 tation Efficiency Act of 1991 (Public Law 102–240; 109 

9 Stat. 598; 126 Stat. 426; 131 Stat. 797) is amended by 

10 adding at the end the following: ‘‘The route referred to 

11 in subsection (c)(92) is designated as Interstate Route I– 

12 569.’’. 

13 (d) GAO REPORT ON DESIGNATION OF SEGMENTS

14 AS PART OF INTERSTATE SYSTEM.— 

15 (1) DEFINITION OF APPLICABLE SEGMENT.—In 

16 this subsection, the term ‘‘applicable segment’’ 

17 means a route described in paragraph (91) or (92) 

18 of section 1105(c) of the Intermodal Surface Trans19 portation Efficiency Act of 1991 (Public Law 102– 

20 240; 105 Stat. 2032). 

21 (2) REPORT.— 

22 (A) IN GENERAL.—Not later than 2 years 

23 after the date on which the applicable segments 

24 are open for operations as part of the Interstate 

25 System, the Comptroller General of the United 


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1 States shall submit to Congress a report on the 

2 impact, if any, during that 2-year period of al3 lowing the continuation of weight limits that 

4 applied before the designation of the applicable 

5 segment as a route on the Interstate System. 

6 (B) REQUIREMENTS.—The report under 

7 subparagraph (A) shall— 

8 (i) be informed by the views and docu9 mentation provided by the State highway 

10 agency (or equivalent agency) in each 

11 State in which an applicable segment is lo12 cated; 

13 (ii) describe any impacts on safety 

14 and infrastructure on the applicable seg15 ments; 

16 (iii) describe any view of the State 

17 highway agency (or equivalent agency) in 

18 each State in which an applicable segment 

19 is located on the impact of the applicable 

20 segment; and 

21 (iv) focus only on the applicable seg22 ments. 

23 SEC. 1518. INTERSTATE WEIGHT LIMITS. 

24 Section 127 of title 23, United States Code, is 

25 amended— 


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1 (1) in subsection (l)(3)(A)— 

2 (A) in the matter preceding clause (i), in 

3 the first sentence, by striking ‘‘clause (i) or 

4 (ii)’’ and inserting ‘‘clauses (i) through (iv)’’; 

5 and 

6 (B) by adding at the end the following: 

7 ‘‘(iii) The Wendell H. Ford (Western 

8 Kentucky) Parkway (to be designated as a 

9 spur of Interstate Route 69) from the 

10 interchange with the William H. Natcher 

11 Parkway in Ohio County, Kentucky, west 

12 to the interchange of the Western Ken13 tucky Parkway with the Edward T. 

14 Breathitt (Pennyrile) Parkway. 

15 ‘‘(iv) The Edward T. Breathitt Park16 way (to be designated as a spur of Inter17 state Route 69) from Interstate 24 to 

18 Interstate 69.’’; and 

19 (2) by adding at the end the following: 

20 ‘‘(v) OPERATION OF VEHICLES ON CERTAIN NORTH

21 CAROLINA HIGHWAYS.—If any segment in the State of 

22 North Carolina of United States Route 17, United States 

23 Route 29, United States Route 52, United States Route 

24 64, United States Route 70, United States Route 74, 

25 United States Route 117, United States Route 220, 


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1 United States Route 264, or United States Route 421 is 

2 designated as a route on the Interstate System, a vehicle 

3 that could operate legally on that segment before the date 

4 of such designation may continue to operate on that seg5 ment, without regard to any requirement under subsection 

6 (a).’’. 

7 SEC. 1519. INTERSTATE EXEMPTION. 

8 Notwithstanding section 111 of title 23, United 

9 States Code, if the segment of highway described in para10 graph (92) of section 1105(c) of the Intermodal Surface 

11 Transportation Efficiency Act of 1991 (Public Law 102– 

12 240; 105 Stat. 2032) is designated as a route on the Inter13 state System, any commercial establishment operating le14 gally in a rest area on that segment before the date of 

15 that designation may continue to operate in the Interstate 

16 right-of-way, subject to the Interstate access standards es17 tablished under section 111 of that title. 

18 SEC. 1520. REPORT ON AIR QUALITY IMPROVEMENTS. 

19 (a) IN GENERAL.—Not later than 3 years after the 

20 date of enactment of this Act, the Comptroller General 

21 of the United States shall submit a report that evaluates 

22 the congestion mitigation and air quality improvement 

23 program under section 149 of title 23, United States Code 

24 (referred to in this section as the ‘‘program’’), to— 


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1 (1) the Committee on Environment and Public 

2 Works of the Senate; and 

3 (2) the Committee on Transportation and In4 frastructure of the House of Representatives. 

5 (b) CONTENTS.—The evaluation under subsection (a) 

6 shall include an evaluation of— 

7 (1) the reductions of ozone, carbon monoxide, 

8 and particulate matter that result from projects 

9 under the program; 

10 (2) the cost-effectiveness of the reductions de11 scribed in paragraph (1); 

12 (3) the result of investments of funding under 

13 the program in minority and low-income commu14 nities that are disproportionately affected by ozone, 

15 carbon monoxide, and particulate matter; 

16 (4) the effectiveness, with respect to the attain17 ment or maintenance of national ambient air quality 

18 standards under section 109 of the Clean Air Act 

19 (42 U.S.C. 7409) for ozone, carbon monoxide, and 

20 particulate matter, of performance measures estab21 lished under section 150(c)(5) of title 23, United 

22 States Code, and performance targets established 

23 under subsection (d) of that section for traffic con24 gestion and on-road mobile source emissions; 


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1 (5) the extent to which there are any types of 

2 projects that are not eligible funding under the pro3 gram that would be likely to contribute to the at4 tainment or maintenance of the national ambient air 

5 quality standards described in paragraph (4); and 

6 (6) the extent to which projects under the pro7 gram reduce sulfur dioxide, nitrogen dioxide, and 

8 lead. 

9 SEC. 1521. ROADSIDE HIGHWAY SAFETY HARDWARE. 

10 (a) IN GENERAL.—Not later than 2 years after the 

11 date of enactment of this Act, the Secretary shall imple12 ment the following recommendations from the report of 

13 the Government Accountability Office entitled ‘‘Highway 

14 Safety: More Robust DOT Oversight of Guardrails and 

15 Other Roadside Hardware Could Further Enhance Safe16 ty’’ published in June 2016 and numbered GAO–16–575: 

17 (1) Develop a process for third party 

18 verification of full-scale crash testing results from 

19 crash test labs to include a process for— 

20 (A) formally verifying the testing out21 comes; and 

22 (B) providing for an independent pass/fail 

23 determination. 

24 (2) Establish a process to enhance the inde25 pendence of crash test labs by ensuring that those 


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1 labs have a clear separation between device develop2 ment and testing in cases in which lab employees 

3 test devices that were developed within the parent 

4 organization of the employee. 

5 (b) CONTINUED ISSUANCE OF ELIGIBILITY LET6 TERS.—Until the implementation of the recommendations 

7 described in subsection (a) is complete, the Secretary shall 

8 ensure that the Administrator of the Federal Highway Ad9 ministration continues to issue Federal-aid reimbursement 

10 eligibility letters as a service to States. 

11 SEC. 1522. PERMEABLE PAVEMENTS STUDY. 

12 (a) IN GENERAL.—Not later than 1 year after the 

13 date of enactment of this Act, the Secretary shall carry 

14 out a study— 

15 (1) to gather existing information on the effects 

16 of permeable pavements on flood control in different 

17 contexts, including in urban areas, and over the life18 time of the permeable pavement; 

19 (2) to perform research to fill gaps in the exist20 ing information gathered under paragraph (1); and 

21 (3) to develop— 

22 (A) models for the performance of per23 meable pavements in flood control; and 

24 (B) best practices for designing permeable 

25 pavement to meet flood control requirements. 


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1 (b) DATA SURVEY.—In carrying out the study under 

2 subsection (a), the Secretary shall develop— 

3 (1) a summary, based on available literature 

4 and models, of localized flood control capabilities of 

5 permeable pavement that considers long-term per6 formance and cost information; and 

7 (2) best practices for the design of localized 

8 flood control using permeable pavement that con9 siders long-term performance and cost information. 

10 (c) PUBLICATION.—The Secretary shall make a re11 port describing the results of the study under subsection 

12 (a) available to States and units of local government. 

13 SEC. 1523. EMERGENCY RELIEF PROJECTS. 

14 (a) DEFINITION OF EMERGENCY RELIEF

15 PROJECT.—In this section, the term ‘‘emergency relief 

16 project’’ means a project carried out under the emergency 

17 relief program under section 125 of title 23, United States 

18 Code. 

19 (b) IMPROVING THE EMERGENCY RELIEF PRO20 GRAM.—Not later than 90 days after the date of enact21 ment of this Act, the Secretary shall— 

22 (1) revise the emergency relief manual of the 

23 Federal Highway Administration— 


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1 (A) to include and reflect the definition of 

2 the term ‘‘resilience’’ (as defined in section 

3 101(a) of title 23, United States Code); 

4 (B) to identify procedures that States may 

5 use to incorporate resilience into emergency re6 lief projects; and 

7 (C) to encourage the use of Complete 

8 Streets design principles and consideration of 

9 access for moderate- and low-income families 

10 impacted by a declared disaster; 

11 (2) develop best practices for improving the use 

12 of resilience in— 

13 (A) the emergency relief program under 

14 section 125 of title 23, United States Code; and 

15 (B) emergency relief efforts; 

16 (3) provide to division offices of the Federal 

17 Highway Administration and State departments of 

18 transportation information on the best practices de19 veloped under paragraph (2); and 

20 (4) develop and implement a process to track— 

21 (A) the consideration of resilience as part 

22 of the emergency relief program under section 

23 125 of title 23, United States Code; and 

24 (B) the costs of emergency relief projects. 


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1 SEC. 1524. CERTAIN GATHERING LINES LOCATED ON FED2 ERAL LAND AND INDIAN LAND. 

3 (a) DEFINITIONS.—In this section: 

4 (1) FEDERAL LAND.— 

5 (A) IN GENERAL.—The term ‘‘Federal 

6 land’’ means land the title to which is held by 

7 the United States. 

8 (B) EXCLUSIONS.—The term ‘‘Federal 

9 land’’ does not include— 

10 (i) a unit of the National Park Sys11 tem; 

12 (ii) a unit of the National Wildlife 

13 Refuge System; 

14 (iii) a component of the National Wil15 derness Preservation System; 

16 (iv) a wilderness study area within the 

17 National Forest System; or 

18 (v) Indian land. 

19 (2) GATHERING LINE AND ASSOCIATED FIELD

20 COMPRESSION OR PUMPING UNIT.— 

21 (A) IN GENERAL.—The term ‘‘gathering 

22 line and associated field compression or pump23 ing unit’’ means— 

24 (i) a pipeline that is installed to trans25 port oil, natural gas and related constitu26 ents, or produced water from 1 or more 


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1 wells drilled and completed to produce oil 

2 or gas; and 

3 (ii) if necessary, 1 or more compres4 sors or pumps to raise the pressure of the 

5 transported oil, natural gas and related 

6 constituents, or produced water to higher 

7 pressures necessary to enable the oil, nat8 ural gas and related constituents, or pro9 duced water to flow into pipelines and 

10 other facilities. 

11 (B) INCLUSIONS.—The term ‘‘gathering 

12 line and associated field compression or pump13 ing unit’’ includes a pipeline or associated com14 pression or pumping unit that is installed to 

15 transport oil or natural gas from a processing 

16 plant to a common carrier pipeline or facility. 

17 (C) EXCLUSIONS.—The term ‘‘gathering 

18 line and associated field compression or pump19 ing unit’’ does not include a common carrier 

20 pipeline. 

21 (3) INDIAN LAND.—The term ‘‘Indian land’’ 

22 means land the title to which is held by— 

23 (A) the United States in trust for an In24 dian Tribe or an individual Indian; or 


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1 (B) an Indian Tribe or an individual In2 dian subject to a restriction by the United 

3 States against alienation. 

4 (4) PRODUCED WATER.—The term ‘‘produced 

5 water’’ means water produced from an oil or gas 

6 well bore that is not a fluid prepared at, or trans7 ported to, the well site to resolve a specific oil or gas 

8 well bore or reservoir condition. 

9 (5) SECRETARY.—The term ‘‘Secretary’’ means 

10 the Secretary of the Interior. 

11 (b) CERTAIN GATHERING LINES.— 

12 (1) IN GENERAL.—Subject to paragraph (2), 

13 the issuance of a sundry notice or right-of-way for 

14 a gathering line and associated field compression or 

15 pumping unit that is located on Federal land or In16 dian land and that services any oil or gas well may 

17 be considered by the Secretary to be an action that 

18 is categorically excluded (as defined in section 

19 1508.4 of title 40, Code of Federal Regulations (as 

20 in effect on the date of enactment of this Act)) for 

21 purposes of the National Environmental Policy Act 

22 of 1969 (42 U.S.C. 4321 et seq.) if the gathering 

23 line and associated field compression or pumping 

24 unit— 


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1 (A) are within a field or unit for which an 

2 approved land use plan or an environmental 

3 document prepared pursuant to the National 

4 Environmental Policy Act of 1969 (42 U.S.C. 

5 4321 et seq.) analyzed transportation of oil, 

6 natural gas, or produced water from 1 or more 

7 oil or gas wells in the field or unit as a reason8 ably foreseeable activity; 

9 (B) are located adjacent to or within— 

10 (i) any existing disturbed area; or 

11 (ii) an existing corridor for a right-of12 way; and 

13 (C) would reduce— 

14 (i) in the case of a gathering line and 

15 associated field compression or pumping 

16 unit transporting methane, the total quan17 tity of methane that would otherwise be 

18 vented, flared, or unintentionally emitted 

19 from the field or unit; or 

20 (ii) in the case of a gathering line and 

21 associated field compression or pumping 

22 unit not transporting methane, the vehic23 ular traffic that would otherwise service 

24 the field or unit. 


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1 (2) APPLICABILITY.—Paragraph (1) shall apply 

2 to Indian land, or a portion of Indian land— 

3 (A) to which the National Environmental 

4 Policy Act of 1969 (42 U.S.C. 4321 et seq.) ap5 plies; and 

6 (B) for which the Indian Tribe with juris7 diction over the Indian land submits to the Sec8 retary a written request that paragraph (1) 

9 apply to that Indian land (or portion of Indian 

10 land). 

11 (c) EFFECT ON OTHER LAW.—Nothing in this sec12 tion— 

13 (1) affects or alters any requirement— 

14 (A) relating to prior consent under— 

15 (i) section 2 of the Act of February 5, 

16 1948 (62 Stat. 18, chapter 45; 25 U.S.C. 

17 324); or 

18 (ii) section 16(e) of the Act of June 

19 18, 1934 (48 Stat. 987, chapter 576; 102 

20 Stat. 2939; 114 Stat. 47; 25 U.S.C. 

21 5123(e)) (commonly known as the ‘‘Indian 

22 Reorganization Act’’); 

23 (B) under section 306108 of title 54, 

24 United States Code; or 


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1 (C) under any other Federal law (including 

2 regulations) relating to Tribal consent for 

3 rights-of-way across Indian land; or 

4 (2) makes the National Environmental Policy 

5 Act of 1969 (42 U.S.C. 4321 et seq.) applicable to 

6 land to which that Act otherwise would not apply. 

7 SEC. 1525. TECHNICAL CORRECTIONS. 

8 (a) Section 101(b)(1) of title 23, United States Code, 

9 is amended by inserting ‘‘Highways’’ after ‘‘and Defense’’. 

10 (b) Section 108(c)(3)(F) of title 23, United States 

11 Code, is amended— 

12 (1) by inserting ‘‘of 1969 (42 U.S.C. 4321 et 

13 seq.)’’ after ‘‘Policy Act’’; and 

14 (2) by striking ‘‘this Act’’ and inserting ‘‘this 

15 title’’. 

16 (c) Section 112(b)(2) of title 23, United States Code, 

17 is amended by striking ‘‘(F) (F) Subparagraphs’’ and in18 serting the following: 

19 ‘‘(F) EXCLUSION.—Subparagraphs’’. 

20 (d) Section 130(g) of title 23, United States Code, 

21 is amended— 

22 (1) in the third sentence— 

23 (A) by striking ‘‘and Transportation,’’ and 

24 inserting ‘‘and Transportation’’; and 


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1 (B) by striking ‘‘thereafter,,’’ and inserting 

2 ‘‘thereafter,’’; and 

3 (2) in the fifth sentence, by striking ‘‘railroad 

4 highway’’ and inserting ‘‘railway-highway’’. 

5 (e) Section 135(g) of title 23, United States Code, 

6 is amended— 

7 (1) in paragraph (3), by striking ‘‘operators),,’’ 

8 and inserting ‘‘operators),’’; and 

9 (2) in paragraph (6)(B), by striking ‘‘5310, 

10 5311, 5316, and 5317’’ and inserting ‘‘5310 and 

11 5311’’. 

12 (f) Section 140(a) of title 23, United States Code, 

13 is amended, in the third sentence, by inserting a comma 

14 after ‘‘Secretary’’. 

15 (g) Section 142 of title 23, United States Code, is 

16 amended by striking subsection (i). 

17 (h) Section 148(i)(2)(D) of title 23, United States 

18 Code, is amended by striking ‘‘safety safety’’ and inserting 

19 ‘‘safety’’. 

20 (i) Section 166(a)(1) of title 23, United States Code, 

21 is amended by striking the paragraph designation and 

22 heading and all that follows through ‘‘A public authority’’ 

23 and inserting the following: 

24 ‘‘(1) AUTHORITY OF PUBLIC AUTHORITIES.—A 

25 public authority’’. 


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1 (j) Section 202 of title 23, United States Code, is 

2 amended— 

3 (1) by striking ‘‘(25 U.S.C. 450 et seq.)’’ each 

4 place it appears and inserting ‘‘(25 U.S.C. 5301 et 

5 seq.)’’; 

6 (2) in subsection (a)(10)(B), by striking ‘‘(25 

7 U.S.C. 450e(b))’’ and inserting ‘‘(25 U.S.C. 

8 5307(b))’’; and 

9 (3) in subsection (b)(5), in the matter pre10 ceding subparagraph (A), by inserting ‘‘the’’ after 

11 ‘‘agreement under’’. 

12 (k) Section 207 of title 23, United States Code, is 

13 amended— 

14 (1) in subsection (g), by striking ‘‘25 U.S.C. 

15 450j–1’’ each place it appears and inserting ‘‘25 

16 U.S.C. 5325’’; 

17 (2) in subsection (l)— 

18 (A) in paragraph (1), by striking ‘‘(25 

19 U.S.C. 458aaa–5)’’ and inserting ‘‘(25 U.S.C. 

20 5386)’’; 

21 (B) in paragraph (2), by striking ‘‘(25 

22 U.S.C. 458aaa–6)’’ and inserting ‘‘(25 U.S.C. 

23 5387)’’; 


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1 (C) in paragraph (3), by striking ‘‘(25 

2 U.S.C. 458aaa–7)’’ and inserting ‘‘(25 U.S.C. 

3 5388)’’; 

4 (D) in paragraph (4), by striking ‘‘(25 

5 U.S.C. 458aaa–9)’’ and inserting ‘‘(25 U.S.C. 

6 5390)’’; 

7 (E) in paragraph (5), by striking ‘‘(25 

8 U.S.C. 458aaa–10)’’ and inserting ‘‘(25 U.S.C. 

9 5391)’’; 

10 (F) in paragraph (6), by striking ‘‘(25 

11 U.S.C. 458aaa–11)’’ and inserting ‘‘(25 U.S.C. 

12 5392)’’; 

13 (G) in paragraph (7), by striking ‘‘(25 

14 U.S.C. 458aaa–14)’’ and inserting ‘‘(25 U.S.C. 

15 5395)’’; 

16 (H) in paragraph (8), by striking ‘‘(25 

17 U.S.C. 458aaa–15)’’ and inserting ‘‘(25 U.S.C. 

18 5396)’’; and 

19 (I) in paragraph (9), by striking ‘‘(25 

20 U.S.C. 458aaa–17)’’ and inserting ‘‘(25 U.S.C. 

21 5398)’’; and 

22 (3) in subsection (m)(2)— 

23 (A) by striking ‘‘505’’ and inserting 

24 ‘‘501’’; and 


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1 (B) by striking ‘‘(25 U.S.C. 450b; 

2 458aaa)’’ and inserting ‘‘(25 U.S.C. 5304; 

3 5381)’’. 

4 (l) Section 325(a)(2) of title 23, United States Code, 

5 is amended by striking subparagraphs (A) and (B) and 

6 inserting the following: 

7 ‘‘(A) Projects described in section 104(h) 

8 (as in effect on the day before the date of en9 actment of MAP–21). 

10 ‘‘(B) Projects or activities described in sec11 tion 101(a)(29) or 213 (as those provisions 

12 were in effect on the day before the date of en13 actment of the FAST Act).’’. 

14 (m) Section 504(g)(6) of title 23, United States 

15 Code, is amended by striking ‘‘make grants or to’’ and 

16 inserting ‘‘make grants to’’. 

17 TITLE II—TRANSPORTATION IN18 FRASTRUCTURE FINANCE 

19 AND INNOVATION 

20 SEC. 2001. TRANSPORTATION INFRASTRUCTURE FINANCE 

21 AND INNOVATION ACT OF 1998 AMENDMENTS. 

22 (a) DEFINITIONS.—Section 601(a) of title 23, United 

23 States Code, is amended— 

24 (1) by redesignating paragraphs (1) through 

25 (22) as paragraphs (2) through (23), respectively; 


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1 (2) by inserting before paragraph (2) (as so re2 designated) the following: 

3 ‘‘(1) ADMINISTRATIVELY ALLOCATED.—The 

4 term ‘administratively allocated’ means the alloca5 tion by the Secretary of budget authority for a 

6 project under the TIFIA program that occurs 

7 when— 

8 ‘‘(A) a potential applicant has been invited 

9 into the creditworthiness phase for a project 

10 under the TIFIA program; or 

11 ‘‘(B) the project is subject to a master 

12 credit agreement, in accordance with section 

13 602(b)(2).’’; 

14 (3) in subparagraph (E) of paragraph (11) (as 

15 so redesignated), by striking ‘‘3 years’’ and inserting 

16 ‘‘5 years’’; and 

17 (4) in paragraph (13) (as so redesignated)— 

18 (A) by striking subparagraph (E) and in19 serting the following: 

20 ‘‘(E) a project to improve or construct 

21 public infrastructure— 

22 ‘‘(i) that— 

23 ‘‘(I) is located within walking dis24 tance of, and accessible to, a fixed 

25 guideway transit facility, passenger 


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1 rail station, intercity bus station, or 

2 intermodal facility, including a trans3 portation, public utility, or capital 

4 project described in section 

5 5302(3)(G)(v) of title 49, and related 

6 infrastructure; or 

7 ‘‘(II) is a project for economic 

8 development, including commercial 

9 and residential development, and re10 lated infrastructure and activities— 

11 ‘‘(aa) that incorporates pri12 vate investment; 

13 ‘‘(bb) that is physically or 

14 functionally related to a pas15 senger rail station or multimodal 

16 station that includes rail service; 

17 ‘‘(cc) for which the project 

18 sponsor has a high probability of 

19 commencing the contracting 

20 process for construction by not 

21 later than 90 days after the date 

22 on which credit assistance under 

23 the TIFIA program is provided 

24 for the project; and 


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1 ‘‘(dd) that has a high prob2 ability of reducing the need for 

3 financial assistance under any 

4 other Federal program for the 

5 relevant passenger rail station or 

6 service by increasing ridership, 

7 tenant lease payments, or other 

8 activities that generate revenue 

9 exceeding costs; and 

10 ‘‘(ii) for which, by not later than Sep11 tember 30, 2025, the Secretary has— 

12 ‘‘(I) received a letter of interest; 

13 and 

14 ‘‘(II) determined that the project 

15 is eligible for assistance;’’; 

16 (B) in subparagraph (F), by striking the 

17 period at the end and inserting a semicolon; 

18 and 

19 (C) by adding at the end the following: 

20 ‘‘(G) an eligible airport-related project (as 

21 defined in section 40117(a) of title 49) for 

22 which, not later than September 30, 2024, the 

23 Secretary has— 

24 ‘‘(i) received a letter of interest; and 


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1 ‘‘(ii) determined that the project is eli2 gible for assistance; and 

3 ‘‘(H) a project for the acquisition of plant 

4 and wildlife habitat pursuant to a conservation 

5 plan that— 

6 ‘‘(i) has been approved by the Sec7 retary of the Interior pursuant to section 

8 10 of the Endangered Species Act of 1973 

9 (16 U.S.C. 1539); and 

10 ‘‘(ii) in the judgment of the Secretary, 

11 would mitigate the environmental impacts 

12 of transportation infrastructure projects 

13 otherwise eligible for assistance under this 

14 title.’’. 

15 (b) ELIGIBILITY.—Section 602(a) of title 23, United 

16 States Code, is amended— 

17 (1) in paragraph (2)— 

18 (A) in subparagraph (A)(iv)— 

19 (i) by striking ‘‘a rating’’ and insert20 ing ‘‘an investment-grade rating’’; and 

21 (ii) by striking ‘‘$75,000,000’’ and in22 serting ‘‘$150,000,000’’; and 

23 (B) in subparagraph (B)— 

24 (i) by striking ‘‘the senior debt’’ and 

25 inserting ‘‘senior debt’’; and 


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1 (ii) by striking ‘‘credit instrument is 

2 for an amount less than $75,000,000’’ and 

3 inserting ‘‘total amount of other senior 

4 debt and the Federal credit instrument is 

5 less than $150,000,000’’; and 

6 (2) in paragraph (5)(B)(ii), by striking ‘‘section 

7 601(a)(12)(E)’’ and inserting ‘‘section 

8 601(a)(13)(E)’’. 

9 (c) PROCESSING TIMELINES.—Section 602(d) of title 

10 23, United States Code, is amended— 

11 (1) by redesignating paragraphs (1) and (2) as 

12 paragraphs (2) and (3), respectively; 

13 (2) in paragraph (3) (as so redesignated), by 

14 striking ‘‘paragraph (1)’’ and inserting ‘‘paragraph 

15 (2)’’; and 

16 (3) by inserting before paragraph (2) (as so re17 designated) the following: 

18 ‘‘(1) PROCESSING TIMELINES.—Except in the 

19 case of an application described in subsection (a)(8) 

20 and to the maximum extent practicable, the Sec21 retary shall provide an applicant with a specific esti22 mate of the timeline for the approval or disapproval 

23 of the application of the applicant, which, to the 

24 maximum extent practicable, the Secretary shall en25 deavor to complete by not later than 150 days after 


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1 the date on which the applicant submits a letter of 

2 interest to the Secretary.’’. 

3 (d) SECURED LOANS.—Section 603(c)(4)(A) of title 

4 23, United States Code, is amended— 

5 (1) by striking ‘‘Any excess’’ and inserting the 

6 following: 

7 ‘‘(i) IN GENERAL.—Except as pro8 vided in clause (ii), any excess’’; and 

9 (2) by adding at the end the following: 

10 ‘‘(ii) CERTAIN APPLICANTS.—In the 

11 case of a secured loan or other secured 

12 Federal credit instrument provided after 

13 the date of enactment of the America’s 

14 Transportation Infrastructure Act of 2019, 

15 if the obligor is a governmental entity, 

16 agency, or instrumentality, the obligor 

17 shall not be required to prepay the secured 

18 loan or other secured Federal credit instru19 ment with any excess revenues described in 

20 clause (i) if the obligor enters into an 

21 agreement to use those excess revenues 

22 only for purposes authorized under this 

23 title or title 49.’’. 


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1 (e) STREAMLINED APPLICATION PROCESS.—Section 

2 603(f) of title 23, United States Code, is amended by add3 ing at the end the following: 

4 ‘‘(3) ADDITIONAL TERMS FOR EXPEDITED DE5 CISIONS.— 

6 ‘‘(A) IN GENERAL.—Not later than 120 

7 days after the date of enactment of this para8 graph, the Secretary shall implement an expe9 dited decision timeline for public agency bor10 rowers seeking secured loans that meet— 

11 ‘‘(i) the terms under paragraph (2); 

12 and 

13 ‘‘(ii) the additional criteria described 

14 in subparagraph (B). 

15 ‘‘(B) ADDITIONAL CRITERIA.—The addi16 tional criteria referred to in subparagraph 

17 (A)(ii) are the following: 

18 ‘‘(i) The secured loan is made on 

19 terms and conditions that substantially 

20 conform to the conventional terms and 

21 conditions established by the National Sur22 face Transportation Innovative Finance 

23 Bureau. 

24 ‘‘(ii) The secured loan is rated in the 

25 A category or higher. 


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1 ‘‘(iii) The TIFIA program share of el2 igible project costs is 33 percent or less. 

3 ‘‘(iv) The applicant demonstrates a 

4 reasonable expectation that the contracting 

5 process for the project can commence by 

6 not later than 90 days after the date on 

7 which a Federal credit instrument is obli8 gated for the project under the TIFIA pro9 gram. 

10 ‘‘(v) The project has received a cat11 egorical exclusion, a finding of no signifi12 cant impact, or a record of decision under 

13 the National Environmental Policy Act of 

14 1969 (42 U.S.C. 4321 et seq.). 

15 ‘‘(C) WRITTEN NOTICE.—The Secretary 

16 shall provide to an applicant seeking a secured 

17 loan under the expedited decision process under 

18 this paragraph a written notice informing the 

19 applicant whether the Secretary has approved 

20 or disapproved the application by not later than 

21 180 days after the date on which the Secretary 

22 submits to the applicant a letter indicating that 

23 the National Surface Transportation Innovative 

24 Finance Bureau has commenced the credit25 worthiness review of the project.’’. 


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1 (f) FUNDING.— 

2 (1) IN GENERAL.—Section 608(a) of title 23, 

3 United States Code, is amended— 

4 (A) by redesignating paragraphs (4) and 

5 (5) as paragraphs (5) and (6), respectively; 

6 (B) by inserting after paragraph (3) the 

7 following: 

8 ‘‘(4) LIMITATION FOR CERTAIN PROJECTS.— 

9 ‘‘(A) TRANSIT-ORIENTED DEVELOPMENT

10 PROJECTS.—For each fiscal year, the Secretary 

11 may use to carry out projects described in sec12 tion 601(a)(13)(E) not more than 15 percent of 

13 the amounts made available to carry out the 

14 TIFIA program for that fiscal year. 

15 ‘‘(B) AIRPORT-RELATED PROJECTS.—The 

16 Secretary may use to carry out projects de17 scribed in section 601(a)(13)(G)— 

18 ‘‘(i) for each fiscal year, not more 

19 than 15 percent of the amounts made 

20 available to carry out the TIFIA program 

21 under the America’s Transportation Infra22 structure Act of 2019 for that fiscal year; 

23 and 

24 ‘‘(ii) for the period of fiscal years 

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1 cent of the unobligated carryover balances 

2 (as of October 1, 2020) made available to 

3 carry out the TIFIA program, less the 

4 total amount administratively allocated by 

5 the Secretary as of that date.’’; and 

6 (C) by striking paragraph (6) (as so redes7 ignated) and inserting the following: 

8 ‘‘(6) ADMINISTRATIVE COSTS.—Of the amounts 

9 made available to carry out the TIFIA program, the 

10 Secretary may use not more than $10,000,000 for 

11 each of fiscal years 2021 through 2025 for the ad12 ministration of the TIFIA program.’’. 

13 (2) CONFORMING AMENDMENT.—Section 

14 605(f)(1) of title 23, United States Code, is amend15 ed by striking ‘‘section 608(a)(5)’’ and inserting 

16 ‘‘section 608(a)(6)’’. 

17 (g) STATUS REPORTS.—Section 609 of title 23, 

18 United States Code, is amended by adding at the end the 

19 following: 

20 ‘‘(c) STATUS REPORTS.— 

21 ‘‘(1) IN GENERAL.—The Secretary shall publish 

22 on the website for the TIFIA program— 

23 ‘‘(A) on a monthly basis, a current status 

24 report on all submitted letters of interest and 


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1 applications received for assistance under the 

2 TIFIA program; and 

3 ‘‘(B) on a quarterly basis, a current status 

4 report on all approved applications for assist5 ance under the TIFIA program. 

6 ‘‘(2) INCLUSIONS.—Each monthly and quar7 terly status report under paragraph (1) shall in8 clude, at a minimum, with respect to each project in9 cluded in the status report— 

10 ‘‘(A) the name of the party submitting the 

11 letter of interest or application; 

12 ‘‘(B) the name of the project; 

13 ‘‘(C) the date on which the letter of inter14 est or application was received; 

15 ‘‘(D) the estimated project eligible costs; 

16 ‘‘(E) the type of credit assistance sought; 

17 and 

18 ‘‘(F) the anticipated fiscal year and quar19 ter for closing of the credit assistance.’’. 

20 (h) STATE INFRASTRUCTURE BANK PROGRAM.—Sec21 tion 610 of title 23, United States Code, is amended— 

22 (1) in subsection (d)— 

23 (A) in paragraph (1)(A), by striking ‘‘fis24 cal years 2016 through 2020’’ and inserting 

25 ‘‘fiscal years 2021 through 2025’’; 


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1 (B) in paragraph (2), by striking ‘‘fiscal 

2 years 2016 through 2020’’ and inserting ‘‘fiscal 

3 years 2021 through 2025’’; and 

4 (C) in paragraph (3), by striking ‘‘fiscal 

5 years 2016 through 2020’’ and inserting ‘‘fiscal 

6 years 2021 through 2025’’; and 

7 (2) in subsection (k), by striking ‘‘fiscal years 

8 2016 through 2020’’ and inserting ‘‘fiscal years 

9 2021 through 2025’’. 

10 (i) REPORT.—Not later than September 30, 2024, 

11 the Secretary shall submit to the Committee on Environ12 ment and Public Works of the Senate and the Committee 

13 on Transportation and Infrastructure of the House of 

14 Representatives a report on the impact of the amendment 

15 relating to airport-related projects under subsection 

16 (a)(4)(C) and subsection (f)(1)(B), including— 

17 (1) information on the use of TIFIA program 

18 (as defined in section 601(a) of title 23, United 

19 States Code) funds for eligible airport-related 

20 projects (as defined in section 40117(a) of title 49, 

21 United States Code); and 

22 (2) recommendations for modifications to the 

23 TIFIA program. 


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1 TITLE III—RESEARCH, 

2 TECHNOLOGY, AND EDUCATION 

3 SEC. 3001. SURFACE TRANSPORTATION SYSTEM FUNDING 

4 ALTERNATIVES. 

5 (a) IN GENERAL.—The Secretary shall establish a 

6 program to test the feasibility of a road usage fee and 

7 other user-based alternative revenue mechanisms to main8 tain the long-term solvency of the Highway Trust Fund, 

9 through pilot projects at the State and regional level. 

10 (b) GRANTS.—The Secretary shall provide grants to 

11 States and groups of States to carry out pilot projects 

12 under this section. 

13 (c) APPLICATIONS.—To be eligible for a grant under 

14 this section, a State or group of States shall submit to 

15 the Secretary an application at such time, in such manner, 

16 and containing such information as the Secretary may re17 quire. 

18 (d) OBJECTIVES.—The Secretary shall ensure that 

19 the activities carried out using funds provided under this 

20 section meet the following objectives: 

21 (1) To test the design, acceptance, equity, and 

22 implementation of user-based alternative revenue 

23 mechanisms, including among differing income 

24 groups and among rural and urban drivers. 


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1 (2) To provide recommendations regarding 

2 adoption and implementation of user-based alter3 native revenue mechanisms. 

4 (3) To quantify and minimize the administra5 tive costs of any potential user-based alternative rev6 enue mechanisms. 

7 (4) To test a variety of solutions, including the 

8 use of third-party vendors, for the collection of data 

9 and road usage fees, including the reliability and se10 curity of those solutions and vendors. 

11 (5) To test solutions to ensure the privacy and 

12 security of data collected for the purpose of imple13 menting a user-based alternative revenue mecha14 nism. 

15 (6) To conduct public education and outreach 

16 to increase public awareness regarding the need for 

17 road usage fees or other user-based alternative rev18 enue mechanisms for surface transportation pro19 grams. 

20 (7) To evaluate the ease of compliance and en21 forcement of a variety of implementation approaches 

22 for different users of the transportation system. 

23 (e) USE OF FUNDS.—A State or group of States that 

24 receives a grant under this section shall use the grant to 


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1 carry out activities to address the objectives described in 

2 subsection (d). 

3 (f) CONSIDERATION.—The Secretary shall consider 

4 geographic diversity in awarding grants under this section. 

5 (g) LIMITATIONS ON REVENUE COLLECTED.—Any 

6 revenue collected through a user-based alternative revenue 

7 mechanism established using funds provided under this 

8 section shall not be considered a toll under section 301 

9 of title 23, United States Code. 

10 (h) FEDERAL SHARE.—The Federal share of the cost 

11 of an activity carried out under this section may not ex12 ceed 70 percent of the total cost of the activity. 

13 (i) FUNDING.—Of the funds made available to carry 

14 out section 503(b) of title 23, United States Code, for each 

15 of fiscal years 2021 through 2025, $12,500,000 shall be 

16 used for State pilot projects under this section. 

17 (j) REPEAL.— 

18 (1) IN GENERAL.—Section 6020 of the FAST 

19 Act (23 U.S.C. 503 note; Public Law 114–94) is re20 pealed. 

21 (2) CLERICAL AMENDMENT.—The table of con22 tents in section 1(b) of the FAST Act (Public Law 

23 114–94; 129 Stat. 1312) is amended by striking the 

24 item relating to section 6020. 


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1 SEC. 3002. PERFORMANCE MANAGEMENT DATA SUPPORT 

2 PROGRAM. 

3 Section 6028(c) of the FAST Act (23 U.S.C. 150 

4 note; Public Law 114–94) is amended by striking ‘‘fiscal 

5 years 2016 through 2020’’ and inserting ‘‘fiscal years 

6 2021 through 2025’’. 

7 SEC. 3003. DATA INTEGRATION PILOT PROGRAM. 

8 (a) ESTABLISHMENT.—The Secretary shall establish 

9 a pilot program— 

10 (1) to provide research and develop models that 

11 integrate, in near-real-time, data from multiple 

12 sources, including geolocated— 

13 (A) weather conditions; 

14 (B) roadway conditions; 

15 (C) incidents, work zones, and other non16 recurring events related to emergency planning; 

17 and 

18 (D) information from emergency respond19 ers; and 

20 (2) to facilitate data integration between the 

21 Department, the National Weather Service, and 

22 other sources of data that provide real-time data 

23 with respect to roadway conditions during or as a re24 sult of severe weather events, including, at a min25 imum— 

26 (A) winter weather; 


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1 (B) heavy rainfall; and 

2 (C) tropical weather events. 

3 (b) REQUIREMENTS.—In carrying out subsection 

4 (a)(1), the Secretary shall— 

5 (1) address the safety, resiliency, and vulner6 ability of the transportation system to disasters; and 

7 (2) develop tools for decisionmakers and other 

8 end-users who could use or benefit from the inte9 grated data described in that subsection to improve 

10 public safety and mobility. 

11 (c) TREATMENT.—Except as otherwise provided in 

12 this section, the Secretary shall carry out activities under 

13 the pilot program under this section as if— 

14 (1) those activities were authorized under chap15 ter 5 of title 23, United States Code; and 

16 (2) the funds made available to carry out the 

17 pilot program were made available under that chap18 ter. 

19 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

20 authorized to be appropriated to carry out this section 

21 $2,500,000 for each of fiscal years 2021 through 2025, 

22 to remain available until expended. 


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1 SEC. 3004. EMERGING TECHNOLOGY RESEARCH PILOT 

2 PROGRAM. 

3 (a) ESTABLISHMENT.—The Secretary shall establish 

4 a pilot program to conduct emerging technology research 

5 in accordance with this section. 

6 (b) ACTIVITIES.—The pilot program under this sec7 tion shall include— 

8 (1) research and development activities relating 

9 to leveraging advanced and additive manufacturing 

10 technologies to increase the structural integrity and 

11 cost-effectiveness of surface transportation infra12 structure; and 

13 (2) research and development activities (includ14 ing laboratory and test track supported accelerated 

15 pavement testing research regarding the impacts of 

16 connected, autonomous, and platooned vehicles on 

17 pavement and infrastructure performance)— 

18 (A) to reduce the impact of automated and 

19 connected driving systems and advanced driver20 assistance systems on pavement and infrastruc21 ture performance; and 

22 (B) to improve transportation infrastruc23 ture design in anticipation of increased usage of 

24 automated driving systems and advanced driv25 er-assistance systems. 


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1 (c) TREATMENT.—Except as otherwise provided in 

2 this section, the Secretary shall carry out activities under 

3 the pilot program under this section as if— 

4 (1) those activities were authorized under chap5 ter 5 of title 23, United States Code; and 

6 (2) the funds made available to carry out the 

7 pilot program were made available under that chap8 ter. 

9 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

10 authorized to be appropriated to carry out this section 

11 $5,000,000 for each of fiscal years 2021 through 2025, 

12 to remain available until expended. 

13 SEC. 3005. RESEARCH AND TECHNOLOGY DEVELOPMENT 

14 AND DEPLOYMENT. 

15 (a) IN GENERAL.—Section 503 of title 23, United 

16 States Code, is amended— 

17 (1) in subsection (a)(2), by striking ‘‘section 

18 508’’ and inserting ‘‘section 6503 of title 49’’; 

19 (2) in subsection (b)— 

20 (A) in paragraph (1)— 

21 (i) in subparagraph (C), by striking 

22 ‘‘and’’ at the end; 

23 (ii) in subparagraph (D), by striking 

24 the period at the end and inserting a semi25 colon; and 


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1 (iii) by adding at the end the fol2 lowing: 

3 ‘‘(E) engage with public and private enti4 ties to spur advancement of emerging trans5 formative innovations through accelerated mar6 ket readiness; and 

7 ‘‘(F) consult frequently with public and 

8 private entities on new transportation tech9 nologies.’’; 

10 (B) in paragraph (2)(C)— 

11 (i) by redesignating clauses (x) 

12 through (xv) as clauses (xi) through (xvi), 

13 respectively; and 

14 (ii) by inserting after clause (ix) the 

15 following: 

16 ‘‘(x) safety measures to reduce the 

17 number of wildlife-vehicle collisions;’’; 

18 (C) in paragraph (3)— 

19 (i) in subparagraph (B)(viii), by in20 serting ‘‘, extreme weather events,’’ after 

21 ‘‘seismic activities’’; and 

22 (ii) in subparagraph (C)— 

23 (I) in clause (xv), by inserting 

24 ‘‘extreme weather events and’’ after 

25 ‘‘withstand’’; 


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1 (II) in clause (xviii), by striking 

2 ‘‘and’’ at the end; 

3 (III) in clause (xix), by striking 

4 the period at the end and inserting ‘‘; 

5 and’’; and 

6 (IV) by adding at the end the fol7 lowing: 

8 ‘‘(xx) studies on the deployment and 

9 revenue potential of the deployment of en10 ergy and broadband infrastructure in high11 way rights-of-way, including potential ad12 verse impacts of the use or nonuse of those 

13 rights-of-way.’’; 

14 (D) in paragraph (6)— 

15 (i) in subparagraph (A), by striking 

16 ‘‘and’’ at the end; 

17 (ii) in subparagraph (B), by striking 

18 the period at the end and inserting ‘‘; 

19 and’’; and 

20 (iii) by adding at the end the fol21 lowing: 

22 ‘‘(C) to support research on non-market23 ready technologies in consultation with public 

24 and private entities.’’; 

25 (E) in paragraph (7)(B)— 


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1 (i) in the matter preceding clause (i), 

2 by inserting ‘‘innovations by leading’’ after 

3 ‘‘support’’; 

4 (ii) in clause (iii), by striking ‘‘and’’ 

5 at the end; 

6 (iii) in clause (iv), by striking the pe7 riod at the end and inserting ‘‘; and’’; and 

8 (iv) by adding at the end the fol9 lowing: 

10 ‘‘(v) the dissemination and evaluation 

11 of information from accelerated market 

12 readiness efforts, including non-market13 ready technologies, to public and private 

14 entities in consultation with other offices of 

15 the Federal Highway Administration and 

16 key partners.’’; 

17 (F) in paragraph (8)(A), by striking ‘‘fu18 ture highway’’ and all that follows through 

19 ‘‘needs.’’ and inserting the following: ‘‘current 

20 conditions and future needs of highways, 

21 bridges, and tunnels of the United States, in22 cluding— 

23 ‘‘(i) the conditions and performance of 

24 the highway network for freight movement; 


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1 ‘‘(ii) intelligent transportation sys2 tems; 

3 ‘‘(iii) resilience needs; and 

4 ‘‘(iv) the backlog of current highway, 

5 bridge, and tunnel needs.’’; and 

6 (G) by adding at the end the following: 

7 ‘‘(9) ANALYSIS TOOLS.—The Secretary may de8 velop interactive modeling tools and databases 

9 that— 

10 ‘‘(A) track the full condition of highway 

11 assets, including interchanges, and the recon12 struction history of those assets; 

13 ‘‘(B) can be used to assess transportation 

14 options; 

15 ‘‘(C) allow for the monitoring and mod16 eling of network-level traffic flows on highways; 

17 and 

18 ‘‘(D) further Federal and State under19 standing of the importance of national and re20 gional connectivity and the need for long-dis21 tance and interregional passenger and freight 

22 travel by highway and other surface transpor23 tation modes.’’; and 

24 (3) in subsection (c)— 

25 (A) in paragraph (1)— 


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1 (i) in the matter preceding subpara2 graph (A), by inserting ‘‘use of rights-of3 way permissible under applicable law,’’ 

4 after ‘‘structures,’’; 

5 (ii) in subparagraph (D), by striking 

6 ‘‘and’’ at the end; 

7 (iii) in subparagraph (E), by striking 

8 the period at the end and inserting ‘‘; 

9 and’’; and 

10 (iv) by adding at the end the fol11 lowing: 

12 ‘‘(F) disseminating and evaluating infor13 mation from accelerated market readiness ef14 forts, including non-market-ready technologies, 

15 to public and private entities.’’; 

16 (B) in paragraph (2)— 

17 (i) in subparagraph (B)(iii), by insert18 ing ‘‘and early stage’’ before ‘‘innovative’’; 

19 and 

20 (ii) by adding at the end the fol21 lowing: 

22 ‘‘(D) REPORT.—Not later than 2 years 

23 after the date of enactment of this subpara24 graph and every 2 years thereafter, the Sec25 retary shall submit to the Committee on EnviVerDate Sep 11 2014 00:29 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00443 Fmt 6652 Sfmt 6201 E:\BILLS\S2302.IS S2302

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1 ronment and Public Works of the Senate and 

2 the Committee on Transportation and Infra3 structure of the House of Representatives and 

4 make publicly available on an internet website 

5 a report that describes— 

6 ‘‘(i) the activities the Secretary has 

7 undertaken to carry out the program es8 tablished under paragraph (1); and 

9 ‘‘(ii) how and to what extent the Sec10 retary has worked to disseminate non-mar11 ket-ready technologies to public and pri12 vate entities.’’; 

13 (C) in paragraph (3)— 

14 (i) in subparagraph (C), by striking 

15 ‘‘fiscal years 2016 through 2020’’ and in16 serting ‘‘fiscal years 2021 through 2025’’; 

17 and 

18 (ii) in subparagraph (D)— 

19 (I) in clause (i), by striking ‘‘an20 nually’’ and inserting ‘‘once every 3 

21 years’’; and 

22 (II) in clause (ii)— 

23 (aa) in subclause (III), by 

24 striking ‘‘and’’ at the end; 


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1 (bb) in subclause (IV), by 

2 striking the period at the end 

3 and inserting a semicolon; and 

4 (cc) by adding at the end 

5 the following: 

6 ‘‘(V) pavement monitoring and 

7 data collection; 

8 ‘‘(VI) pavement durability and 

9 resilience; 

10 ‘‘(VII) stormwater management; 

11 ‘‘(VIII) vehicle efficiency; 

12 ‘‘(IX) the energy efficiency of the 

13 production of paving materials and 

14 the ability of paving materials to en15 hance the environment and promote 

16 sustainability; and 

17 ‘‘(X) integration of renewable en18 ergy in pavement designs.’’; and 

19 (D) by adding at the end the following: 

20 ‘‘(5) ACCELERATED IMPLEMENTATION AND DE21 PLOYMENT OF ADVANCED DIGITAL CONSTRUCTION

22 MANAGEMENT SYSTEMS.— 

23 ‘‘(A) IN GENERAL.—The Secretary shall 

24 establish and implement a program under the 

25 technology and innovation deployment program 


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1 established under paragraph (1) to promote, 

2 implement, deploy, demonstrate, showcase, sup3 port, and document the application of advanced 

4 digital construction management systems, prac5 tices, performance, and benefits. 

6 ‘‘(B) GOALS.—The goals of the accelerated 

7 implementation and deployment of advanced 

8 digital construction management systems pro9 gram established under subparagraph (A) shall 

10 include— 

11 ‘‘(i) accelerated State adoption of ad12 vanced digital construction management 

13 systems applied throughout the construc14 tion lifecycle (including through the design 

15 and engineering, construction, and oper16 ations phases) that— 

17 ‘‘(I) maximize interoperability 

18 with other systems, products, tools, or 

19 applications; 

20 ‘‘(II) boost productivity; 

21 ‘‘(III) manage complexity; 

22 ‘‘(IV) reduce project delays and 

23 cost overruns; and 

24 ‘‘(V) enhance safety and quality; 


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1 ‘‘(ii) more timely and productive infor2 mation-sharing among stakeholders 

3 through reduced reliance on paper to man4 age construction processes and deliverables 

5 such as blueprints, design drawings, pro6 curement and supply-chain orders, equip7 ment logs, daily progress reports, and 

8 punch lists; 

9 ‘‘(iii) deployment of digital manage10 ment systems that enable and leverage the 

11 use of digital technologies on construction 

12 sites by contractors, such as state-of-the13 art automated and connected machinery 

14 and optimized routing software that allows 

15 construction workers to perform tasks fast16 er, safer, more accurately, and with mini17 mal supervision; 

18 ‘‘(iv) the development and deployment 

19 of best practices for use in digital con20 struction management; 

21 ‘‘(v) increased technology adoption 

22 and deployment by States and units of 

23 local government that enables project spon24 sors— 


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1 ‘‘(I) to integrate the adoption of 

2 digital management systems and tech3 nologies in contracts; and 

4 ‘‘(II) to weigh the cost of 

5 digitization and technology in setting 

6 project budgets; 

7 ‘‘(vi) technology training and work8 force development to build the capabilities 

9 of project managers and sponsors that en10 ables States and units of local govern11 ment— 

12 ‘‘(I) to better manage projects 

13 using advanced construction manage14 ment technologies; and 

15 ‘‘(II) to properly measure and re16 ward technology adoption across 

17 projects of the State or unit of local 

18 government; 

19 ‘‘(vii) development of guidance to as20 sist States in updating regulations of the 

21 State to allow project sponsors and con22 tractors— 

23 ‘‘(I) to report data relating to the 

24 project in digital formats; and 


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1 ‘‘(II) to fully capture the effi2 ciencies and benefits of advanced dig3 ital construction management systems 

4 and related technologies; 

5 ‘‘(viii) reduction in the environmental 

6 footprint of construction projects using ad7 vanced digital construction management 

8 systems resulting from elimination of con9 gestion through more efficient projects; 

10 and 

11 ‘‘(ix) enhanced worker and pedestrian 

12 safety resulting from increased trans13 parency. 

14 ‘‘(C) FUNDING.—For each of fiscal years 

15 2021 through 2025, the Secretary shall obligate 

16 from funds made available to carry out this 

17 subsection $20,000,000 to accelerate the de18 ployment and implementation of advanced dig19 ital construction management systems. 

20 ‘‘(D) PUBLICATION.— 

21 ‘‘(i) IN GENERAL.—Not less fre22 quently than annually, the Secretary shall 

23 issue and make available to the public on 

24 a website a report on— 


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1 ‘‘(I) progress made in the imple2 mentation of advanced digital man3 agement systems by States; and 

4 ‘‘(II) the costs and benefits of 

5 the deployment of new technology and 

6 innovations that substantially and di7 rectly resulted from the program es8 tablished under this paragraph. 

9 ‘‘(ii) INCLUSIONS.—The report under 

10 clause (i) may include an analysis of— 

11 ‘‘(I) Federal, State, and local 

12 cost savings; 

13 ‘‘(II) project delivery time im14 provements; 

15 ‘‘(III) congestion impacts; and 

16 ‘‘(IV) safety improvements for 

17 roadway users and construction work18 ers.’’. 

19 (b) ADVANCED TRANSPORTATION TECHNOLOGIES

20 AND INNOVATIVE MOBILITY DEPLOYMENT.—Section 

21 503(c)(4) of title 23, United States Code, is amended— 

22 (1) in the heading, by inserting ‘‘AND INNOVA23 TIVE MOBILITY’’ before ‘‘DEPLOYMENT’’; 

24 (2) by striking subparagraph (A) and inserting 

25 the following: 


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1 ‘‘(A) IN GENERAL.—The Secretary shall 

2 provide grants to eligible entities to deploy, in3 stall, and operate advanced transportation tech4 nologies to improve safety, mobility, efficiency, 

5 system performance, intermodal connectivity, 

6 and infrastructure return on investment.’’; 

7 (3) in subparagraph (B)— 

8 (A) in clause (i), by striking ‘‘the enhanced 

9 use’’ and inserting ‘‘optimization’’; 

10 (B) in clause (v)— 

11 (i) by striking ‘‘transit,’’ and inserting 

12 ‘‘work zone, weather, transit, para13 transit,’’; and 

14 (ii) by striking ‘‘and accessible trans15 portation’’ and inserting ‘‘, accessible, and 

16 integrated transportation and transpor17 tation services’’; 

18 (C) by redesignating clauses (vi) through 

19 (viii) as clauses (vii), (viii), and (x), respec20 tively; 

21 (D) by inserting after clause (v) the fol22 lowing: 

23 ‘‘(vi) facilitate account-based pay24 ments for transportation access and servVerDate Sep 11 2014 00:29 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00451 Fmt 6652 Sfmt 6201 E:\BILLS\S2302.IS S2302

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1 ices and integrate payment systems across 

2 modes;’’; 

3 (E) in clause (viii) (as so redesignated), by 

4 striking ‘‘or’’ at the end; and 

5 (F) by inserting after clause (viii) (as so 

6 redesignated) the following: 

7 ‘‘(ix) incentivize travelers— 

8 ‘‘(I) to share trips during periods 

9 in which travel demand exceeds sys10 tem capacity; or 

11 ‘‘(II) to shift trips to periods in 

12 which travel demand does not exceed 

13 system capacity; or’’; 

14 (4) in subparagraph (C)— 

15 (A) in clause (i), by striking ‘‘Not later’’ 

16 and all that follows through ‘‘thereafter’’ and 

17 inserting ‘‘Each fiscal year for which funding is 

18 made available for activities under this para19 graph’’; and 

20 (B) in clause (ii)— 

21 (i) in subclause (I), by inserting ‘‘mo22 bility,’’ after ‘‘safety,’’; and 

23 (ii) in subclause (II)— 

24 (I) in item (bb), by striking 

25 ‘‘and’’ at the end; 


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1 (II) in item (cc), by striking the 

2 period at the end and inserting ‘‘; 

3 and’’; and 

4 (III) by adding at the end the 

5 following: 

6 ‘‘(dd) facilitating payment 

7 for transportation services.’’; 

8 (5) in subparagraph (D)— 

9 (A) in clause (i), by striking ‘‘Not later’’ 

10 and all that follows through ‘‘thereafter’’ and 

11 inserting ‘‘Each fiscal year for which funding is 

12 made available for activities under this para13 graph’’; and 

14 (B) in clause (ii)— 

15 (i) by striking ‘‘In awarding’’ and in16 serting the following: 

17 ‘‘(I) IN GENERAL.—Subject to 

18 subclause (II), in awarding’’; and 

19 (ii) by adding at the end the fol20 lowing: 

21 ‘‘(II) RURAL SET-ASIDE.—Not 

22 less than 20 percent of the amounts 

23 made available to carry out this para24 graph shall be reserved for projects 

25 serving rural areas.’’; 


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1 (6) in subparagraph (E)— 

2 (A) by redesignating clauses (iii) through 

3 (ix) as clauses (iv), (v), (vi), (vii), (viii), (xi), 

4 and (xiv), respectively; 

5 (B) by inserting after clause (ii) the fol6 lowing: 

7 ‘‘(iii) advanced transportation tech8 nologies to improve emergency evacuation 

9 and response by Federal, State, and local 

10 authorities;’’; 

11 (C) by inserting after clause (viii) (as so 

12 redesignated) the following: 

13 ‘‘(ix) integrated corridor management 

14 systems; 

15 ‘‘(x) advanced parking reservation or 

16 variable pricing systems;’’; 

17 (D) in clause (xi) (as so redesignated)— 

18 (i) by inserting ‘‘, toll collection,’’ 

19 after ‘‘pricing’’; and 

20 (ii) by striking ‘‘or’’ at the end; 

21 (E) by inserting after clause (xi) (as so re22 designated) the following: 

23 ‘‘(xii) technology that enhances high 

24 occupancy vehicle toll lanes, cordon pric25 ing, or congestion pricing; 


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1 ‘‘(xiii) integration of transportation 

2 service payment systems; or’’; and 

3 (F) in clause (xiv) (as so redesignated)— 

4 (i) by striking ‘‘and access’’ and in5 serting ‘‘, access, and on-demand transpor6 tation service’’; and 

7 (ii) by inserting ‘‘and other shared-use 

8 mobility applications’’ after ‘‘ridesharing’’; 

9 (7) in subparagraph (F)(ii)(IV), by striking ‘‘ef10 ficiency and multimodal system performance’’ and 

11 inserting ‘‘mobility, efficiency, multimodal system 

12 performance, and payment system performance’’; 

13 (8) in subparagraph (G)— 

14 (A) by redesignating clauses (vi) through 

15 (viii) as clauses (vii) through (ix), respectively; 

16 and 

17 (B) by inserting after clause (v) the fol18 lowing: 

19 ‘‘(vi) improved integration of payment 

20 systems;’’; 

21 (9) in subparagraph (I)(i), by striking ‘‘fiscal 

22 years 2016 through 2020’’ and inserting ‘‘fiscal 

23 years 2021 through 2025’’; and 

24 (10) in subparagraph (N)— 


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1 (A) in clause (i), by striking ‘‘representing 

2 a population of over 200,000’’; and 

3 (B) in clause (iii), in the matter preceding 

4 subclause (I), by striking ‘‘a any’’ and inserting 

5 ‘‘any’’. 

6 (c) CENTER OF EXCELLENCE ON NEW MOBILITY

7 AND AUTOMATED VEHICLES.—Section 503(c) of title 23, 

8 United States Code (as amended by subsection (a)(3)(D)), 

9 is amended by adding at the end the following: 

10 ‘‘(6) CENTER OF EXCELLENCE.— 

11 ‘‘(A) DEFINITIONS.—In this paragraph: 

12 ‘‘(i) AUTOMATED VEHICLE.—The 

13 term ‘automated vehicle’ means a motor 

14 vehicle that— 

15 ‘‘(I) has a taxable gross weight 

16 (as defined in section 41.4482(b)–1 of 

17 title 26, Code of Federal Regulations 

18 (or successor regulations)) of 10,000 

19 pounds or less; and 

20 ‘‘(II) is capable of performing the 

21 entire task of driving (including steer22 ing, accelerating and decelerating, and 

23 reacting to external stimulus) without 

24 human intervention. 


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1 ‘‘(ii) NEW MOBILITY.—The term ‘new 

2 mobility’ includes shared services such 

3 as— 

4 ‘‘(I) docked and dockless bicycles; 

5 ‘‘(II) docked and dockless electric 

6 scooters; and 

7 ‘‘(III) transportation network 

8 companies. 

9 ‘‘(B) ESTABLISHMENT.—Not later than 1 

10 year after the date of enactment of the Amer11 ica’s Transportation Infrastructure Act of 

12 2019, the Secretary shall establish a Center of 

13 Excellence to collect, conduct, and fund re14 search on the impacts of new mobility and auto15 mated vehicles on land use, urban design, 

16 transportation, real estate, equity, and munic17 ipal budgets. 

18 ‘‘(C) PARTNERSHIPS.—In establishing the 

19 Center of Excellence under subparagraph (B), 

20 the Secretary shall enter into appropriate part21 nerships with any institution of higher edu22 cation (as defined in section 101 of the Higher 

23 Education Act of 1965 (20 U.S.C. 1001)) or 

24 public or private research entity.’’. 


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1 (d) ACCELERATED IMPLEMENTATION AND DEPLOY2 MENT OF ADVANCED DIGITAL CONSTRUCTION MANAGE3 MENT SYSTEMS.—Not later than 1 year after the date of 

4 enactment of this Act, the Secretary shall submit to the 

5 Committee on Environment and Public Works of the Sen6 ate and the Committee on Transportation and Infrastruc7 ture of the House of Representatives a report that in8 cludes— 

9 (1) a description of— 

10 (A) the current status of the use of ad11 vanced digital construction management sys12 tems in each State; and 

13 (B) the progress of each State toward ac14 celerating the adoption of advanced digital con15 struction management systems; and 

16 (2) an analysis of the savings in project delivery 

17 time and project costs that can be achieved through 

18 the use of advanced digital construction manage19 ment systems. 

20 (e) OPEN CHALLENGE AND RESEARCH INITIATIVE

21 PILOT PROGRAM.— 

22 (1) IN GENERAL.—The Secretary shall establish 

23 an open challenge and research proposal pilot pro24 gram under which eligible entities may propose open 


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1 highway challenges and research proposals that are 

2 linked to identified or potential research needs. 

3 (2) REQUIREMENTS.—A research proposal sub4 mitted to the Secretary by an eligible entity shall ad5 dress— 

6 (A) a research need identified by the Sec7 retary or the Administrator of the Federal 

8 Highway Administration; or 

9 (B) an issue or challenge that the Sec10 retary determines to be important. 

11 (3) ELIGIBLE ENTITIES.—An entity eligible to 

12 submit a research proposal under the pilot program 

13 under paragraph (1) is— 

14 (A) a State; 

15 (B) a unit of local government; 

16 (C) a university transportation center 

17 under section 5505 of title 49, United States 

18 Code; 

19 (D) a private nonprofit organization; 

20 (E) a private sector organization working 

21 in collaboration with an entity described in sub22 paragraphs (A) through (D); and 

23 (F) any other individual or entity that the 

24 Secretary determines to be appropriate. 

25 (4) PROJECT REVIEW.—The Secretary shall— 


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1 (A) review each research proposal sub2 mitted under the pilot program under para3 graph (1); and 

4 (B) provide to the eligible entity a written 

5 notice that— 

6 (i) if the research proposal is not se7 lected— 

8 (I) notifies the eligible entity that 

9 the research proposal has not been se10 lected for funding; 

11 (II) provides an explanation as to 

12 why the research proposal was not se13 lected, including if the research pro14 posal does not cover an area of need; 

15 and 

16 (III) if applicable, recommend 

17 that the research proposal be sub18 mitted to another research program 

19 and provide guidance and direction to 

20 the eligible entity and the proposed 

21 research program office; and 

22 (ii) if the research proposal is se23 lected, notifies the eligible entity that the 

24 research proposal has been selected for 

25 funding. 


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1 (5) FEDERAL SHARE.— 

2 (A) IN GENERAL.—The Federal share of 

3 the cost of an activity carried out under this 

4 subsection shall not exceed 80 percent. 

5 (B) NON-FEDERAL SHARE.—All costs di6 rectly incurred by the non-Federal partners, in7 cluding personnel, travel, facility, and hardware 

8 development costs, shall be credited toward the 

9 non-Federal share of the cost of an activity car10 ried out under this subsection. 

11 (f) CONFORMING AMENDMENT.—Section 167 of title 

12 23, United States Code, is amended— 

13 (1) by striking subsection (h); and 

14 (2) by redesignating subsections (i) through (l) 

15 as subsections (h) through (k), respectively. 

16 SEC. 3006. WORKFORCE DEVELOPMENT, TRAINING, AND 

17 EDUCATION. 

18 (a) SURFACE TRANSPORTATION WORKFORCE DE19 VELOPMENT, TRAINING, AND EDUCATION.—Section 

20 504(e) of title 23, United States Code, is amended— 

21 (1) in paragraph (1)— 

22 (A) by redesignating subparagraphs (D) 

23 through (G) as subparagraphs (E), (F), (H), 

24 and (I), respectively; 


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1 (B) by inserting after subparagraph (C) 

2 the following: 

3 ‘‘(D) pre-apprenticeships, apprenticeships, 

4 and career opportunities for on-the-job train5 ing;’’; 

6 (C) in subparagraph (E) (as so redesig7 nated), by striking ‘‘or community college’’ and 

8 inserting ‘‘, college, community college, or voca9 tional school’’; and 

10 (D) by inserting after subparagraph (F) 

11 (as so redesignated) the following: 

12 ‘‘(G) activities associated with workforce 

13 training and employment services, such as tar14 geted outreach and partnerships with industry, 

15 economic development organizations, workforce 

16 development boards, and labor organizations;’’; 

17 (2) in paragraph (2), by striking ‘‘paragraph 

18 (1)(G)’’ and inserting ‘‘paragraph (1)(I)’’; and 

19 (3) in paragraph (3)— 

20 (A) by striking the period at the end and 

21 inserting a semicolon; 

22 (B) by striking ‘‘including activities’’ and 

23 inserting the following: ‘‘including— 

24 ‘‘(A) activities’’; and 

25 (C) by adding at the end the following: 


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1 ‘‘(B) activities that address current work2 force gaps, such as work on construction 

3 projects, of State and local transportation agen4 cies; 

5 ‘‘(C) activities to develop a robust surface 

6 transportation workforce with new skills result7 ing from emerging transportation technologies; 

8 and 

9 ‘‘(D) activities to attract new sources of 

10 job-creating investment.’’. 

11 (b) TRANSPORTATION EDUCATION AND TRAINING

12 DEVELOPMENT AND DEPLOYMENT PROGRAM.—Section 

13 504(f) of title 23, United States Code, is amended— 

14 (1) in the subsection heading, by striking ‘‘DE15 VELOPMENT’’ and inserting ‘‘AND TRAINING DEVEL16 OPMENT AND DEPLOYMENT’’; 

17 (2) by striking paragraph (1) and inserting the 

18 following: 

19 ‘‘(1) ESTABLISHMENT.—The Secretary shall es20 tablish a program to make grants to educational in21 stitutions or State departments of transportation, in 

22 partnership with industry and relevant Federal de23 partments and agencies— 

24 ‘‘(A) to develop, test, and review new cur25 ricula and education programs to train individVerDate Sep 11 2014 00:29 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00463 Fmt 6652 Sfmt 6201 E:\BILLS\S2302.IS S2302

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1 uals at all levels of the transportation work2 force; or 

3 ‘‘(B) to implement the new curricula and 

4 education programs to provide for hands-on ca5 reer opportunities to meet current and future 

6 needs.’’; 

7 (3) in paragraph (2)— 

8 (A) in the matter preceding subparagraph 

9 (A), by striking ‘‘shall’’ and inserting ‘‘may’’; 

10 (B) in subparagraph (A), by inserting 

11 ‘‘current or future’’ after ‘‘specific’’; and 

12 (C) in subparagraph (E)— 

13 (i) by striking ‘‘in nontraditional de14 partments’’; 

15 (ii) by inserting ‘‘construction,’’ after 

16 ‘‘such as’’; and 

17 (iii) by inserting ‘‘or emerging’’ after 

18 ‘‘industrial’’; 

19 (4) by redesignating paragraph (3) as para20 graph (4); and 

21 (5) by inserting after paragraph (2) the fol22 lowing: 

23 ‘‘(3) REPORTING.—The Secretary shall estab24 lish minimum reporting requirements for grant re25 cipients under this subsection, which may include, 


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1 with respect to a program carried out with a grant 

2 under this subsection— 

3 ‘‘(A) the percentage or number of program 

4 participants that are employed during the sec5 ond quarter after exiting the program; 

6 ‘‘(B) the percentage or number of program 

7 participants that are employed during the 

8 fourth quarter after exiting the program; 

9 ‘‘(C) the median earnings of program par10 ticipants that are employed during the second 

11 quarter after exiting the program; 

12 ‘‘(D) the percentage or number of program 

13 participants that obtain a recognized postsec14 ondary credential or a secondary school diploma 

15 (or a recognized equivalent) during participa16 tion in the program or by not later than 1 year 

17 after exiting the program; and 

18 ‘‘(E) the percentage or number of program 

19 participants that, during a program year— 

20 ‘‘(i) are in an education or training 

21 program that leads to a recognized post22 secondary credential or employment; and 

23 ‘‘(ii) are achieving measurable skill 

24 gains toward such a credential or employ25 ment.’’. 


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1 (c) USE OF FUNDS.—Section 504 of title 23, United 

2 States Code, is amended by adding at the end the fol3 lowing: 

4 ‘‘(i) USE OF FUNDS.—The Secretary may use funds 

5 made available to carry out this section to carry out activi6 ties related to workforce development and technical assist7 ance and training if— 

8 ‘‘(1) the activities are authorized by another 

9 provision of this title; and 

10 ‘‘(2) the activities are for entities other than 

11 employees of the Secretary, such as States, units of 

12 local government, Federal land management agen13 cies, and Tribal governments.’’. 

14 SEC. 3007. WILDLIFE-VEHICLE COLLISION RESEARCH. 

15 (a) GENERAL AUTHORITIES AND REQUIREMENTS

16 REGARDING WILDLIFE AND HABITAT.—Section 

17 515(h)(2) of title 23, United States Code, is amended— 

18 (1) in subparagraph (K), by striking ‘‘and’’ at 

19 the end; 

20 (2) by redesignating subparagraphs (D), (E), 

21 (F), (G), (H), (I), (J), (K), and (L) as subpara22 graphs (E), (F), (G), (H), (I), (K), (L), (M), and 

23 (O), respectively; 

24 (3) by inserting after subparagraph (C) the fol25 lowing: 


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1 ‘‘(D) a representative from a State, local, 

2 or regional wildlife, land use, or resource man3 agement agency;’’; 

4 (4) by inserting after subparagraph (I) (as so 

5 redesignated) the following: 

6 ‘‘(J) an academic researcher who is a bio7 logical or ecological scientist with expertise in 

8 transportation issues;’’; and 

9 (5) by inserting after subparagraph (M) (as so 

10 redesignated) the following: 

11 ‘‘(N) a representative from a public inter12 est group concerned with the impact of the 

13 transportation system on terrestrial and aquatic 

14 species and the habitat of those species; and’’. 

15 (b) ANIMAL DETECTION SYSTEMS RESEARCH AND

16 DEVELOPMENT.—Section 516(b)(6) of title 23, United 

17 States Code, is amended by inserting ‘‘, including animal 

18 detection systems to reduce the number of wildlife-vehicle 

19 collisions’’ after ‘‘systems’’. 

Æ 


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