II 

Calendar No. 170 

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 (for himself, Mr. CARPER, Mrs. CAPITO, and Mr. CARDIN) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works 

AUGUST 1, 2019 

Reported by Mr. BARRASSO, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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’’. 


lotter on DSKBCFDHB2PROD with BILLS
2 

•S 2302 RS

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

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

Sec. 3. Effective date. 

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. 


lotter on DSKBCFDHB2PROD with BILLS
3 

•S 2302 RS

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. 

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 


lotter on DSKBCFDHB2PROD with BILLS
4 

•S 2302 RS

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. 

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 surVerDate Sep 11 2014 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
5 

•S 2302 RS

1 face transportation block grant program under sec2 tion 133 of that title, the highway safety improve3 ment program under section 148 of that title, the 

4 congestion mitigation and air quality improvement 

5 program under section 149 of that title, the national 

6 highway freight program under section 167 of that 

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

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

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

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

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

12 and 

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

14 (2) TRANSPORTATION INFRASTRUCTURE FI15 NANCE AND INNOVATION PROGRAM.—For credit as16 sistance under the transportation infrastructure fi17 nance and innovation program under chapter 6 of 

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

19 of fiscal years 2021 through 2025. 

20 (3) FEDERAL LANDS AND TRIBAL TRANSPOR21 TATION PROGRAMS.— 

22 (A) TRIBAL TRANSPORTATION PRO23 GRAM.—For the tribal transportation program 

24 under section 202 of title 23, United States 

25 Code— 


lotter on DSKBCFDHB2PROD with BILLS
6 

•S 2302 RS

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

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

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

4 2023; 

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

6 2024; and 

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

8 (B) FEDERAL LANDS TRANSPORTATION

9 PROGRAM.— 

10 (i) IN GENERAL.—For the Federal 

11 lands transportation program under sec12 tion 203 of title 23, United States Code— 

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

14 2021; 

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

16 2022; 

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

18 2023; 

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

20 2024; and 

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

22 2025. 

23 (ii) ALLOCATION.—Of the amount 

24 made available for a fiscal year under 

25 clause (i)— 


lotter on DSKBCFDHB2PROD with BILLS
7 

•S 2302 RS

1 (I) the amount for the National 

2 Park Service is— 

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

4 year 2021; 

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

6 year 2022; 

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

8 year 2023; 

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

10 year 2024; and 

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

12 year 2025; 

13 (II) the amount for the United 

14 States Fish and Wildlife Service is 

15 $33,000,000 for each of fiscal years 

16 2021 through 2025; and 

17 (III) the amount for the Forest 

18 Service is— 

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

20 year 2021; 

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

22 year 2022; 

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

24 year 2023; 


lotter on DSKBCFDHB2PROD with BILLS
8 

•S 2302 RS

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

2 year 2024; and 

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

4 year 2025. 

5 (C) FEDERAL LANDS ACCESS PROGRAM.— 

6 For the Federal lands access program under 

7 section 204 of title 23, United States Code— 

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

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

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

11 2023; 

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

13 2024; and 

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

15 (4) TERRITORIAL AND PUERTO RICO HIGHWAY

16 PROGRAM.—For the territorial and Puerto Rico 

17 highway program under section 165 of title 23, 

18 United States Code— 

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

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

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

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

23 and 

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


lotter on DSKBCFDHB2PROD with BILLS
9 

•S 2302 RS

1 (5) NATIONALLY SIGNIFICANT FREIGHT AND

2 HIGHWAY PROJECTS.—For nationally significant 

3 freight and highway projects under section 117 of 

4 title 23, United States Code— 

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

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

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

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

9 and 

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

11 (b) OTHER PROGRAMS.— 

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

13 authorized to be appropriated out of the Highway 

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

15 (A) BRIDGE INVESTMENT PROGRAM.—To 

16 carry out the bridge investment program under 

17 section 124 of title 23, United States Code— 

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

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

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

21 2023; 

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

23 2024; and 

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


lotter on DSKBCFDHB2PROD with BILLS
10 

•S 2302 RS

1 (B) CONGESTION RELIEF PROGRAM.—To 

2 carry out the congestion relief program under 

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

4 $40,000,000 for each of fiscal years 2021 

5 through 2025. 

6 (C) CHARGING AND FUELING INFRASTRUC7 TURE GRANTS.—To carry out section 151(f) of 

8 title 23, United States Code— 

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

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

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

12 2023; 

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

14 2024; and 

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

16 (D) FORMULA SAFETY INCENTIVE PRO17 GRAM.—To carry out the formula safety incen18 tive program under section 172 of title 23, 

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

20 fiscal years 2021 through 2025. 

21 (E) FATALITY REDUCTION PERFORMANCE

22 PROGRAM.—To carry out the fatality reduction 

23 performance program under section 173 of title 

24 23, United States Code, $100,000,000 for each 

25 of fiscal years 2021 through 2025. 


lotter on DSKBCFDHB2PROD with BILLS
11 

•S 2302 RS

1 (F) FORMULA CARBON REDUCTION INCEN2 TIVE PROGRAM.—To carry out the formula car3 bon reduction incentive program under section 

4 177 of title 23, United States Code, 

5 $600,000,000 for each of fiscal years 2021 

6 through 2025. 

7 (G) CARBON REDUCTION PERFORMANCE

8 PROGRAM.—To carry out the carbon reduction 

9 performance program under section 178 of title 

10 23, United States Code, $100,000,000 for each 

11 of fiscal years 2021 through 2025. 

12 (H) PROTECT GRANTS.—To carry out 

13 the PROTECT grant program under section 

14 179 of title 23, United States Code, for each of 

15 fiscal years 2021 through 2025— 

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

17 to States under subsection (c) of that sec18 tion; and 

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

20 grants under subsection (d) of that section, 

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

22 be for planning grants under paragraph 

23 (3) of that subsection. 

24 (I) REDUCTION OF TRUCK EMISSIONS AT

25 PORT FACILITIES.— 


lotter on DSKBCFDHB2PROD with BILLS
12 

•S 2302 RS

1 (i) IN GENERAL.—To carry out the 

2 reduction of truck emissions at port facili3 ties under section 1402— 

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

5 2021; 

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

7 2022; 

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

9 2023; 

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

11 2024; and 

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

13 2025. 

14 (ii) TREATMENT.—Amounts made 

15 available under clause (i) shall be available 

16 for obligation in the same manner as if 

17 those amounts were apportioned under 

18 chapter 1 of title 23, United States Code. 

19 (J) NATIONALLY SIGNIFICANT FEDERAL

20 LANDS AND TRIBAL PROJECTS.— 

21 (i) IN GENERAL.—To carry out the 

22 nationally significant Federal lands and 

23 tribal projects program under section 1123 

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


lotter on DSKBCFDHB2PROD with BILLS
13 

•S 2302 RS

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

2 of fiscal years 2021 through 2025. 

3 (ii) TREATMENT.—Amounts made 

4 available under clause (i) shall be available 

5 for obligation in the same manner as if 

6 those amounts were apportioned under 

7 chapter 1 of title 23, United States Code. 

8 (2) GENERAL FUND.— 

9 (A) BRIDGE INVESTMENT PROGRAM.— 

10 (i) IN GENERAL.—In addition to 

11 amounts made available under paragraph 

12 (1)(A), there are authorized to be appro13 priated to carry out the bridge investment 

14 program under section 124 of title 23, 

15 United States Code— 

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

17 2021; 

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

19 2022; 

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

21 2023; 

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

23 2024; and 

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

25 2025. 


lotter on DSKBCFDHB2PROD with BILLS
14 

•S 2302 RS

1 (ii) ALLOCATION.—Amounts made 

2 available under clause (i) shall be allocated 

3 in the same manner as if made available 

4 under paragraph (1)(A). 

5 (B) NATIONALLY SIGNIFICANT FEDERAL

6 LANDS AND TRIBAL PROJECTS PROGRAM.— 

7 (i) IN GENERAL.—In addition to 

8 amounts made available under paragraph 

9 (1)(J), there is authorized to be appro10 priated to carry out section 1123 of the 

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

12 Law 114–94) $100,000,000 for each of fis13 cal years 2021 through 2025, to remain 

14 available for a period of 3 fiscal years fol15 lowing the fiscal year for which the 

16 amounts are appropriated. 

17 (ii) CONFORMING AMENDMENT.—Sec18 tion 1123 of the FAST Act (23 U.S.C. 

19 201 note; Public Law 114–94) is amended 

20 by striking subsection (h). 

21 (c) RESEARCH, TECHNOLOGY, AND EDUCATION AU22 THORIZATIONS.— 

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

24 authorized to be appropriated out of the Highway 

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


lotter on DSKBCFDHB2PROD with BILLS
15 

•S 2302 RS

1 (A) HIGHWAY RESEARCH AND DEVELOP2 MENT PROGRAM.—To carry out section 503(b) 

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

4 for each of fiscal years 2021 through 2025. 

5 (B) TECHNOLOGY AND INNOVATION DE6 PLOYMENT PROGRAM.—To carry out section 

7 503(c) of title 23, United States Code, 

8 $135,000,000 for each of fiscal years 2021 

9 through 2025. 

10 (C) TRAINING AND EDUCATION.—To carry 

11 out section 504 of title 23, United States 

12 Code— 

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

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

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

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

17 and 

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

19 (D) INTELLIGENT TRANSPORTATION SYS20 TEMS PROGRAM.—To carry out sections 512 

21 through 518 of title 23, United States Code, 

22 $110,000,000 for each of fiscal years 2021 

23 through 2025. 


lotter on DSKBCFDHB2PROD with BILLS
16 

•S 2302 RS

1 (E) UNIVERSITY TRANSPORTATION CEN2 TERS PROGRAM.—To carry out section 5505 of 

3 title 49, United States Code— 

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

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

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

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

8 and 

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

10 (F) BUREAU OF TRANSPORTATION STATIS11 TICS.—To carry out chapter 63 of title 49, 

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

13 fiscal years 2021 through 2025. 

14 (2) ADMINISTRATION.—The Federal Highway 

15 Administration shall— 

16 (A) administer the programs described in 

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

18 (1); and 

19 (B) in consultation with relevant modal ad20 ministrations, administer the programs de21 scribed in paragraph (1)(D). 

22 (3) APPLICABILITY OF TITLE 23, UNITED

23 STATES CODE.—Amounts authorized to be appro24 priated by paragraph (1) shall— 


lotter on DSKBCFDHB2PROD with BILLS
17 

•S 2302 RS

1 (A) be available for obligation in the same 

2 manner as if those funds were apportioned 

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

4 except that the Federal share of the cost of a 

5 project or activity carried out using those funds 

6 shall be 80 percent, unless otherwise expressly 

7 provided by this Act (including the amendments 

8 by this Act) or otherwise determined by the 

9 Secretary; and 

10 (B) remain available until expended and 

11 not be transferable, except as otherwise pro12 vided by this Act. 

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

14 authorized to be appropriated out of the Highway Trust 

15 Fund (other than the Mass Transit Account): 

16 (1) WILDLIFE CROSSINGS PILOT PROGRAM.— 

17 For the wildlife crossings pilot program under sec18 tion 174 of title 23, United States Code— 

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

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

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

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

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

24 (2) PRIORITIZATION PROCESS PILOT PRO25 GRAM.— 


lotter on DSKBCFDHB2PROD with BILLS
18 

•S 2302 RS

1 (A) IN GENERAL.—For the prioritization 

2 process pilot program under section 1205, 

3 $10,000,000 for each of fiscal years 2021 

4 through 2025. 

5 (B) TREATMENT.—Amounts made avail6 able under subparagraph (A) shall be available 

7 for obligation in the same manner as if those 

8 amounts were apportioned under chapter 1 of 

9 title 23, United States Code. 

10 (3) DISASTER RELIEF MOBILIZATION PILOT

11 PROGRAM.— 

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

13 mobilization pilot program under section 1505, 

14 $1,000,000 for each of fiscal years 2021 

15 through 2025. 

16 (B) TREATMENT.—Amounts made avail17 able under subparagraph (A) shall be available 

18 for obligation in the same manner as if those 

19 amounts were apportioned under chapter 1 of 

20 title 23, United States Code, except that those 

21 amounts shall remain available until expended. 

22 (4) COMMUNITY CONNECTIVITY PILOT PRO23 GRAM.— 


lotter on DSKBCFDHB2PROD with BILLS
19 

•S 2302 RS

1 (A) PLANNING GRANTS.—For planning 

2 grants under the community connectivity pilot 

3 program under section 1508(c)— 

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

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

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

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

8 and 

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

10 (B) CAPITAL CONSTRUCTION GRANTS.— 

11 For capital construction grants under the com12 munity connectivity pilot program under section 

13 1508(d), $14,000,000 for each of fiscal years 

14 2021 through 2025. 

15 (C) TREATMENT.—Amounts made avail16 able under subparagraph (A) or (B) shall be 

17 available for obligation in the same manner as 

18 if those amounts were apportioned under chap19 ter 1 of title 23, United States Code, except 

20 that those amounts shall remain available until 

21 expended. 

22 (5) OPEN CHALLENGE AND RESEARCH INITIA23 TIVE PILOT PROGRAM.— 

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

25 and research proposal pilot program under secVerDate Sep 11 2014 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6401 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
20 

•S 2302 RS

1 tion 3005(e), $15,000,000 for each of fiscal 

2 years 2021 through 2025. 

3 (B) TREATMENT.—Amounts made avail4 able under subparagraph (A) shall be available 

5 for obligation and administered as if appor6 tioned under chapter 1 of title 23, United 

7 States Code. 

8 (e) DISADVANTAGED BUSINESS ENTERPRISES.— 

9 (1) FINDINGS.—Congress finds that— 

10 (A) while significant progress has occurred 

11 due to the establishment of the disadvantaged 

12 business enterprise program, discrimination and 

13 related barriers continue to pose significant ob14 stacles for minority- and women-owned busi15 nesses seeking to do business in Federally as16 sisted surface transportation markets across the 

17 United States; 

18 (B) the continuing barriers described in 

19 subparagraph (A) merit the continuation of the 

20 disadvantaged business enterprise program; 

21 (C) Congress has received and reviewed 

22 testimony and documentation of race and gen23 der discrimination from numerous sources, in24 cluding congressional hearings and roundtables, 

25 scientific reports, reports issued by public and 


lotter on DSKBCFDHB2PROD with BILLS
21 

•S 2302 RS

1 private agencies, news stories, reports of dis2 crimination by organizations and individuals, 

3 and discrimination lawsuits, which show that 

4 race- and gender-neutral efforts alone are insuf5 ficient to address the problem; 

6 (D) the testimony and documentation de7 scribed in subparagraph (C) demonstrate that 

8 discrimination across the United States poses a 

9 barrier to full and fair participation in surface 

10 transportation-related businesses of women 

11 business owners and minority business owners 

12 and has impacted firm development and many 

13 aspects of surface transportation-related busi14 ness in the public and private markets; and 

15 (E) the testimony and documentation de16 scribed in subparagraph (C) provide a strong 

17 basis that there is a compelling need for the 

18 continuation of the disadvantaged business en19 terprise program to address race and gender 

20 discrimination in surface transportation-related 

21 business. 

22 (2) DEFINITIONS.—In this subsection: 

23 (A) SMALL BUSINESS CONCERN.— 

24 (i) IN GENERAL.—The term ‘‘small 

25 business concern’’ means a small business 


lotter on DSKBCFDHB2PROD with BILLS
22 

•S 2302 RS

1 concern (as the term is used in section 3 

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

3 632)). 

4 (ii) EXCLUSIONS.—The term ‘‘small 

5 business concern’’ does not include any 

6 concern or group of concerns controlled by 

7 the same socially and economically dis8 advantaged individual or individuals that 

9 have average annual gross receipts during 

10 the preceding 3 fiscal years in excess of 

11 $25,790,000, as adjusted annually by the 

12 Secretary for inflation. 

13 (B) SOCIALLY AND ECONOMICALLY DIS14 ADVANTAGED INDIVIDUALS.—The term ‘‘so15 cially and economically disadvantaged individ16 uals’’ has the meaning given the term in section 

17 8(d) of the Small Business Act (15 U.S.C. 

18 637(d)) and relevant subcontracting regulations 

19 issued pursuant to that Act, except that women 

20 shall be presumed to be socially and economi21 cally disadvantaged individuals for purposes of 

22 this subsection. 

23 (3) AMOUNTS FOR SMALL BUSINESS CON24 CERNS.—Except to the extent that the Secretary de25 termines otherwise, not less than 10 percent of the 


lotter on DSKBCFDHB2PROD with BILLS
23 

•S 2302 RS

1 amounts made available for any program under this 

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

3 shall be expended through small business concerns 

4 owned and controlled by socially and economically 

5 disadvantaged individuals. 

6 (4) ANNUAL LISTING OF DISADVANTAGED BUSI7 NESS ENTERPRISES.—Each State shall annually— 

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

9 business concerns referred to in paragraph (3) 

10 in the State, including the location of the small 

11 business concerns in the State; and 

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

13 percentage of the small business concerns that 

14 are controlled by— 

15 (i) women; 

16 (ii) socially and economically dis17 advantaged individuals (other than 

18 women); and 

19 (iii) individuals who are women and 

20 are otherwise socially and economically dis21 advantaged individuals. 

22 (5) UNIFORM CERTIFICATION.— 

23 (A) IN GENERAL.—The Secretary shall es24 tablish minimum uniform criteria for use by 

25 State governments in certifying whether a conVerDate Sep 11 2014 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6401 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
24 

•S 2302 RS

1 cern qualifies as a small business concern for 

2 the purpose of this subsection. 

3 (B) INCLUSIONS.—The minimum uniform 

4 criteria established under subparagraph (A) 

5 shall include, with respect to a potential small 

6 business concern— 

7 (i) on-site visits; 

8 (ii) personal interviews with personnel; 

9 (iii) issuance or inspection of licenses; 

10 (iv) analyses of stock ownership; 

11 (v) listings of equipment; 

12 (vi) analyses of bonding capacity; 

13 (vii) listings of work completed; 

14 (viii) examination of the resumes of 

15 principal owners; 

16 (ix) analyses of financial capacity; and 

17 (x) analyses of the type of work pre18 ferred. 

19 (6) REPORTING.—The Secretary shall establish 

20 minimum requirements for use by State govern21 ments in reporting to the Secretary— 

22 (A) information concerning disadvantaged 

23 business enterprise awards, commitments, and 

24 achievements; and 


lotter on DSKBCFDHB2PROD with BILLS
25 

•S 2302 RS

1 (B) such other information as the Sec2 retary determines to be appropriate for the 

3 proper monitoring of the disadvantaged busi4 ness enterprise program. 

5 (7) COMPLIANCE WITH COURT ORDERS.—Noth6 ing in this subsection limits the eligibility of an indi7 vidual or entity to receive funds made available 

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

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

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

11 because a Federal court issues a final order in which 

12 the court finds that a requirement or the implemen13 tation of paragraph (3) is unconstitutional. 

14 (8) SENSE OF CONGRESS ON PROMPT PAYMENT

15 OF DBE SUBCONTRACTORS.—It is the sense of Con16 gress that— 

17 (A) the Secretary should take additional 

18 steps to ensure that recipients comply with sec19 tion 26.29 of title 49, Code of Federal Regula20 tions (the disadvantaged business enterprises 

21 prompt payment rule), or any corresponding 

22 regulation, in awarding Federally funded trans23 portation contracts under laws and regulations 

24 administered by the Secretary; and 


lotter on DSKBCFDHB2PROD with BILLS
26 

•S 2302 RS

1 (B) such additional steps should include 

2 increasing the ability of the Department to 

3 track and keep records of complaints and to 

4 make that information publicly available. 

5 SEC. 1102. OBLIGATION CEILING. 

6 (a) GENERAL LIMITATION.—Subject to subsection 

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

8 obligations for Federal-aid highway and highway safety 

9 construction programs shall not exceed— 

10 (1) $54,388,462,378 for fiscal year 2021; 

11 (2) $55,483,447,378 for fiscal year 2022; 

12 (3) $56,666,082,378 for fiscal year 2023; 

13 (4) $57,930,317,378 for fiscal year 2024; and 

14 (5) $59,103,552,378 for fiscal year 2025. 

15 (b) EXCEPTIONS.—The limitations under subsection 

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

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

18 (2) section 147 of the Surface Transportation 

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

20 Stat. 2714); 

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

22 of 1981 (95 Stat. 1701); 

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

24 Surface Transportation Assistance Act of 1982 (96 

25 Stat. 2119); 


lotter on DSKBCFDHB2PROD with BILLS
27 

•S 2302 RS

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

2 Surface Transportation and Uniform Relocation As3 sistance Act of 1987 (101 Stat. 198); 

4 (6) sections 1103 through 1108 of the Inter5 modal Surface Transportation Efficiency Act of 

6 1991 (105 Stat. 2027); 

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

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

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

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

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

12 of those fiscal years); 

13 (9) Federal-aid highway programs for which ob14 ligation authority was made available under the 

15 Transportation Equity Act for the 21st Century 

16 (112 Stat. 107) or subsequent Acts for multiple 

17 years or to remain available until expended, but only 

18 to the extent that the obligation authority has not 

19 lapsed or been used; 

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

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

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

23 of those fiscal years); 

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

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


lotter on DSKBCFDHB2PROD with BILLS
28 

•S 2302 RS

1 funds obligated in accordance with that section were 

2 not subject to a limitation on obligations at the time 

3 at which the funds were initially made available for 

4 obligation; 

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

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

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

8 of those fiscal years); 

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

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

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

12 of those fiscal years); and 

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

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

15 amount equal to $639,000,000 for each of those fis16 cal years). 

17 (c) DISTRIBUTION OF OBLIGATION AUTHORITY.— 

18 For each of fiscal years 2021 through 2025, the Sec19 retary— 

20 (1) shall not distribute obligation authority pro21 vided by subsection (a) for the fiscal year for— 

22 (A) amounts authorized for administrative 

23 expenses and programs by section 104(a) of 

24 title 23, United States Code; and 


lotter on DSKBCFDHB2PROD with BILLS
29 

•S 2302 RS

1 (B) amounts authorized for the Bureau of 

2 Transportation Statistics; 

3 (2) shall not distribute an amount of obligation 

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

5 the unobligated balance of amounts— 

6 (A) made available from the Highway 

7 Trust Fund (other than the Mass Transit Ac8 count) for Federal-aid highway and highway 

9 safety construction programs for previous fiscal 

10 years the funds for which are allocated by the 

11 Secretary (or apportioned by the Secretary 

12 under section 202 or 204 of title 23, United 

13 States Code); and 

14 (B) for which obligation authority was pro15 vided in a previous fiscal year; 

16 (3) shall determine the proportion that— 

17 (A) the obligation authority provided by 

18 subsection (a) for the fiscal year, less the aggre19 gate of amounts not distributed under para20 graphs (1) and (2) of this subsection; bears to 

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

22 appropriated for the Federal-aid highway and 

23 highway safety construction programs (other 

24 than sums authorized to be appropriated for 

25 provisions of law described in paragraphs (1) 


lotter on DSKBCFDHB2PROD with BILLS
30 

•S 2302 RS

1 through (13) of subsection (b) and sums au2 thorized to be appropriated for section 119 of 

3 title 23, United States Code, equal to the 

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

5 fiscal year), less the aggregate of the amounts 

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

7 this subsection; 

8 (4) shall distribute the obligation authority pro9 vided by subsection (a), less the aggregate amounts 

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

11 each of the programs (other than programs to which 

12 paragraph (1) applies) that are allocated by the Sec13 retary under this Act and title 23, United States 

14 Code, or apportioned by the Secretary under sections 

15 202 or 204 of that title, by multiplying— 

16 (A) the proportion determined under para17 graph (3); by 

18 (B) the amounts authorized to be appro19 priated for each such program for the fiscal 

20 year; and 

21 (5) shall distribute the obligation authority pro22 vided by subsection (a), less the aggregate amounts 

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

24 the amounts distributed under paragraph (4), for 

25 Federal-aid highway and highway safety construcVerDate Sep 11 2014 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6401 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
31 

•S 2302 RS

1 tion programs that are apportioned by the Secretary 

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

3 amounts apportioned for the national highway per4 formance program in section 119 of title 23, United 

5 States Code, that are exempt from the limitation 

6 under subsection (b)(14) and the amounts appor7 tioned under sections 202 and 204 of that title) in 

8 the proportion that— 

9 (A) amounts authorized to be appropriated 

10 for the programs that are apportioned under 

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

12 the fiscal year; bears to 

13 (B) the total of the amounts authorized to 

14 be appropriated for the programs that are ap15 portioned under title 23, United States Code, to 

16 all States for the fiscal year. 

17 (d) REDISTRIBUTION OF UNUSED OBLIGATION AU18 THORITY.—Notwithstanding subsection (c), the Secretary 

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

20 2025— 

21 (1) revise a distribution of the obligation au22 thority made available under subsection (c) if an 

23 amount distributed cannot be obligated during that 

24 fiscal year; and 


lotter on DSKBCFDHB2PROD with BILLS
32 

•S 2302 RS

1 (2) redistribute sufficient amounts to those 

2 States able to obligate amounts in addition to those 

3 previously distributed during that fiscal year, giving 

4 priority to those States having large unobligated bal5 ances of funds apportioned under sections 144 (as in 

6 effect on the day before the date of enactment of 

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

8 104 of title 23, United States Code. 

9 (e) APPLICABILITY OF OBLIGATION LIMITATIONS TO

10 TRANSPORTATION RESEARCH PROGRAMS.— 

11 (1) IN GENERAL.—Except as provided in para12 graph (2), obligation limitations imposed by sub13 section (a) shall apply to contract authority for 

14 transportation research programs carried out under 

15 chapter 5 of title 23, United States Code. 

16 (2) EXCEPTION.—Obligation authority made 

17 available under paragraph (1) shall— 

18 (A) remain available for a period of 4 fis19 cal years; and 

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

21 limitation imposed on obligations for Federal22 aid highway and highway safety construction 

23 programs for future fiscal years. 

24 (f) REDISTRIBUTION OF CERTAIN AUTHORIZED

25 FUNDS.— 


lotter on DSKBCFDHB2PROD with BILLS
33 

•S 2302 RS

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

2 the date of distribution of obligation authority under 

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

4 2025, the Secretary shall distribute to the States 

5 any funds (excluding funds authorized for the pro6 gram under section 202 of title 23, United States 

7 Code) that— 

8 (A) are authorized to be appropriated for 

9 the fiscal year for Federal-aid highway pro10 grams; and 

11 (B) the Secretary determines will not be 

12 allocated to the States (or will not be appor13 tioned to the States under section 204 of title 

14 23, United States Code), and will not be avail15 able for obligation, for the fiscal year because 

16 of the imposition of any obligation limitation for 

17 the fiscal year. 

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

19 paragraph (1) in the same proportion as the dis20 tribution of obligation authority under subsection 

21 (c)(5). 

22 (3) AVAILABILITY.—Funds distributed to each 

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

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

25 United States Code. 


lotter on DSKBCFDHB2PROD with BILLS
34 

•S 2302 RS

1 SEC. 1103. DEFINITIONS. 

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

3 amended— 

4 (1) in paragraph (4)— 

5 (A) in subparagraph (A), by inserting ‘‘as6 sessing resilience,’’ after ‘‘surveying,’’; 

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

8 ‘‘and’’ at the end; 

9 (C) by redesignating subparagraph (H) as 

10 subparagraph (I); and 

11 (D) by inserting after subparagraph (G) 

12 the following: 

13 ‘‘(H) improvements that reduce the num14 ber of wildlife-vehicle collisions, such as wildlife 

15 crossing structures; and’’; 

16 (2) by redesignating paragraphs (17) through 

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

18 (25), (26), (27), (28), (29), (30), (31), (32), (33), 

19 (34), (35), and (36), respectively; 

20 (3) by inserting after paragraph (16) the fol21 lowing: 

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

23 ‘natural infrastructure’ means infrastructure that 

24 uses, restores, or emulates natural ecological proc25 esses and— 


lotter on DSKBCFDHB2PROD with BILLS
35 

•S 2302 RS

1 ‘‘(A) is created through the action of nat2 ural physical, geological, biological, and chem3 ical processes over time; 

4 ‘‘(B) is created by human design, engineer5 ing, and construction to emulate or act in con6 cert with natural processes; or 

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

8 other natural features, including through the 

9 creation, restoration, or preservation of vege10 tated areas using materials appropriate to the 

11 region to manage stormwater and runoff, to at12 tenuate flooding and storm surges, and for 

13 other related purposes.’’; 

14 (4) by inserting after paragraph (23) (as so re15 designated) the following: 

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

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

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

19 withstand, respond to, or recover rapidly from dis20 ruptions, including the ability— 

21 ‘‘(A)(i) to resist hazards or withstand im22 pacts from weather events and natural disas23 ters; or 


lotter on DSKBCFDHB2PROD with BILLS
36 

•S 2302 RS

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

2 impact of a disruptive weather event or natural 

3 disaster to a project; and 

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

5 adaptive capacity, and recoverability to decrease 

6 project vulnerability to weather events or other 

7 natural disasters.’’; and 

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

9 so redesignated)— 

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

11 inserting ‘‘; and’’; 

12 (B) by striking ‘‘through the implementa13 tion’’ and inserting the following: ‘‘through— 

14 ‘‘(i) the implementation’’; and 

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

16 ‘‘(ii) the consideration of incor17 porating natural infrastructure.’’. 

18 SEC. 1104. APPORTIONMENT. 

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

20 title 23, United States Code, is amended by striking para21 graph (1) and inserting the following: 

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

23 appropriated from the Highway Trust Fund (other 

24 than the Mass Transit Account) to be made availVerDate Sep 11 2014 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6401 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
37 

•S 2302 RS

1 able to the Secretary for administrative expenses of 

2 the Federal Highway Administration— 

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

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

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

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

7 and 

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

9 (b) NATIONAL HIGHWAY FREIGHT PROGRAM.—Sec10 tion 104(b)(5) of title 23, United States Code, is amended 

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

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

13 set aside for the national highway freight pro14 gram for all States shall be— 

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

16 2021; 

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

18 2022; 

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

20 2023; 

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

22 2024; and 

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

24 2025.’’. 


lotter on DSKBCFDHB2PROD with BILLS
38 

•S 2302 RS

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

2 title 23, United States Code, is amended— 

3 (1) in paragraph (1)— 

4 (A) in the matter preceding subparagraph 

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

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

7 and each fiscal year thereafter’’; 

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

9 ‘‘fiscal year 2015’’ and inserting ‘‘fiscal year 

10 2020’’; and 

11 (C) by striking subparagraph (B) and in12 serting the following: 

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

14 amounts resulting from the calculation under 

15 subparagraph (A) shall be adjusted to ensure 

16 that each State receives an aggregate appor17 tionment that is— 

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

19 estimated tax payments paid into the 

20 Highway Trust Fund (other than the Mass 

21 Transit Account) in the most recent fiscal 

22 year for which data are available that 

23 are— 

24 ‘‘(I) attributable to highway 

25 users in the State; and 


lotter on DSKBCFDHB2PROD with BILLS
39 

•S 2302 RS

1 ‘‘(II) associated with taxes in ef2 fect on July 1, 2019, and only up to 

3 the rate those taxes were in effect on 

4 that date; 

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

6 the apportionment that the State received 

7 for fiscal year 2020; and 

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

9 the apportionment that the State received 

10 for the previous fiscal year.’’; and 

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

12 2016 through 2020’’ and inserting ‘‘fiscal year 2021 

13 and each fiscal year thereafter’’. 

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

15 23, United States Code, is amended— 

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

17 (A) and inserting the following: 

18 ‘‘(A) AMOUNT.—Before making an appor19 tionment for a fiscal year under subsection (c), 

20 the Secretary shall reserve for the national 

21 highway performance program under section 

22 119 for that fiscal year an amount equal to— 

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

24 2021; 


lotter on DSKBCFDHB2PROD with BILLS
40 

•S 2302 RS

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

2 2022; 

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

4 2023; 

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

6 2024; and 

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

8 2025.’’; and 

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

10 (A) and inserting the following: 

11 ‘‘(A) AMOUNT.—Before making an appor12 tionment for a fiscal year under subsection (c), 

13 the Secretary shall reserve for the surface 

14 transportation block grant program under sec15 tion 133 for that fiscal year, pursuant to sec16 tion 133(h)— 

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

18 2021; 

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

20 2022; 

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

22 2023; 

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

24 2024; and 


lotter on DSKBCFDHB2PROD with BILLS
41 

•S 2302 RS

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

2 2025.’’. 

3 SEC. 1105. NATIONAL HIGHWAY PERFORMANCE PROGRAM. 

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

5 amended— 

6 (1) in subsection (b)— 

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

8 the end; 

9 (B) in paragraph (3), by striking the pe10 riod at the end and inserting ‘‘; and’’; and 

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

12 ‘‘(4) to provide support for measures to in13 crease the resiliency of Federal-aid highways and 

14 bridges on and off the National Highway System to 

15 mitigate the impacts of sea level rise, extreme weath16 er events, flooding, or other natural disasters.’’; and 

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

18 ‘‘(k) PROTECTIVE FEATURES.— 

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

20 than 15 percent of the funds apportioned to the 

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

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

23 highway or bridge off the National Highway System, 

24 if the protective feature is designed to mitigate the 

25 risk of recurring damage, or the cost of future reVerDate Sep 11 2014 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6401 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
42 

•S 2302 RS

1 pairs, from extreme weather events, flooding, or 

2 other natural disasters. 

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

4 protective feature referred to in paragraph (1) may 

5 include— 

6 ‘‘(A) raising roadway grades; 

7 ‘‘(B) relocating roadways in a base flood8 plain to higher ground above projected flood 

9 elevation levels or away from slide prone areas; 

10 ‘‘(C) stabilizing slide areas; 

11 ‘‘(D) stabilizing slopes; 

12 ‘‘(E) installing riprap; 

13 ‘‘(F) lengthening or raising bridges to in14 crease waterway openings; 

15 ‘‘(G) deepening channels to prevent flood16 ing; 

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

18 drainage structures; 

19 ‘‘(I) replacing culverts with bridges or 

20 upsizing culverts; 

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

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

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


lotter on DSKBCFDHB2PROD with BILLS
43 

•S 2302 RS

1 ‘‘(M) adding scour, stream stability, coast2 al, or other hydraulic countermeasures, includ3 ing spur dikes; 

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

5 mitigate the risk of recurring damage or the 

6 cost of future repair from extreme weather 

7 events, flooding, or other natural disasters; and 

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

9 risk of recurring damage or the cost of future 

10 repair as a result of extreme weather events, 

11 flooding, or other natural disasters, as deter12 mined by the Secretary. 

13 ‘‘(3) SAVINGS PROVISION.—Nothing in this sub14 section limits the ability of a State to carry out a 

15 project otherwise eligible under subsection (d) using 

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

17 SEC. 1106. EMERGENCY RELIEF. 

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

19 amended— 

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

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

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

23 following: 

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

25 this section shall not be used for the repair or reconstrucVerDate Sep 11 2014 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6401 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
44 

•S 2302 RS

1 tion of a bridge that has been permanently closed to all 

2 vehicular traffic by the Federal, State, Tribal, or respon3 sible local official because of imminent danger of collapse 

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

5 and 

6 (3) in subsection (d)— 

7 (A) in paragraph (2)(A)— 

8 (i) by striking the period at the end 

9 and inserting ‘‘; and’’ 

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

11 the current’’ and inserting the following: 

12 ‘‘a facility that— 

13 ‘‘(i) meets the current’’; and 

14 (iii) by adding at the end the fol15 lowing: 

16 ‘‘(ii) incorporates economically justifi17 able improvements designed to mitigate the 

18 risk of recurring damage from extreme 

19 weather events, flooding, or other natural 

20 disasters.’’; 

21 (B) by redesignating paragraphs (3) 

22 through (5) as paragraphs (4) through (6), re23 spectively; and 

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

25 following: 


lotter on DSKBCFDHB2PROD with BILLS
45 

•S 2302 RS

1 ‘‘(3) PROTECTIVE FEATURES.— 

2 ‘‘(A) IN GENERAL.—The cost of an im3 provement that is part of a project under this 

4 section shall be an eligible expense under this 

5 section if the improvement is a protective fea6 ture that is designed to mitigate the risk of re7 curring damage, or the cost of future repair, 

8 from extreme weather events, flooding, or other 

9 natural disasters. 

10 ‘‘(B) PROTECTIVE FEATURES DE11 SCRIBED.—A protective feature referred to in 

12 subparagraph (A) may include— 

13 ‘‘(i) raising roadway grades; 

14 ‘‘(ii) relocating roadways in a base 

15 floodplain to higher ground above projected 

16 flood elevation levels or away from slide 

17 prone areas; 

18 ‘‘(iii) stabilizing slide areas; 

19 ‘‘(iv) stabilizing slopes; 

20 ‘‘(v) installing riprap; 

21 ‘‘(vi) lengthening or raising bridges to 

22 increase waterway openings; 

23 ‘‘(vii) deepening channels to prevent 

24 flooding; 


lotter on DSKBCFDHB2PROD with BILLS
46 

•S 2302 RS

1 ‘‘(viii) increasing the size or number 

2 of drainage structures; 

3 ‘‘(ix) replacing culverts with bridges 

4 or upsizing culverts; 

5 ‘‘(x) repairing or maintaining tide 

6 gates; 

7 ‘‘(xi) installing seismic retrofits on 

8 bridges; 

9 ‘‘(xii) adding scour protection at 

10 bridges; 

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

12 coastal, and other hydraulic counter13 measures, including spur dikes; 

14 ‘‘(xiv) the use of natural infrastruc15 ture to mitigate the risk of recurring dam16 age or the cost of future repair from ex17 treme weather events, flooding, or other 

18 natural disasters; and 

19 ‘‘(xv) any other features that mitigate 

20 the risk of recurring damage or the cost of 

21 future repair as a result of extreme weath22 er events, flooding, or other natural disas23 ters, as determined by the Secretary.’’. 


lotter on DSKBCFDHB2PROD with BILLS
47 

•S 2302 RS

1 SEC. 1107. FEDERAL SHARE PAYABLE. 

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

3 amended by adding at the end the following: 

4 ‘‘(4) PROTECTIVE FEATURES.— 

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

6 other provision of law, the Federal share pay7 able for the cost of a protective feature on a 

8 Federal-aid highway or bridge project under 

9 this title may be up to 100 percent, at the dis10 cretion of the State, if the protective feature is 

11 an improvement designed to mitigate the risk of 

12 recurring damage, or the cost of future repair, 

13 from extreme weather events, flooding, or other 

14 natural disasters. 

15 ‘‘(B) PROTECTIVE FEATURES DE16 SCRIBED.—A protective feature referred to in 

17 subparagraph (A) may include— 

18 ‘‘(i) raising roadway grades; 

19 ‘‘(ii) relocating roadways in a base 

20 floodplain to higher ground above projected 

21 flood elevation levels or away from slide 

22 prone areas; 

23 ‘‘(iii) stabilizing slide areas; 

24 ‘‘(iv) stabilizing slopes; 

25 ‘‘(v) installing riprap; 


lotter on DSKBCFDHB2PROD with BILLS
48 

•S 2302 RS

1 ‘‘(vi) lengthening or raising bridges to 

2 increase waterway openings; 

3 ‘‘(vii) deepening channels to prevent 

4 flooding; 

5 ‘‘(viii) increasing the size or number 

6 of drainage structures; 

7 ‘‘(ix) replacing culverts with bridges 

8 or upsizing culverts; 

9 ‘‘(x) repairing or maintaining tide 

10 gates; 

11 ‘‘(xi) installing seismic retrofits on 

12 bridges; 

13 ‘‘(xii) adding scour protection at 

14 bridges; 

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

16 coastal, and other hydraulic counter17 measures, including spur dikes; 

18 ‘‘(xiv) the use of natural infrastruc19 ture to mitigate the risk of recurring dam20 age or the cost of future repair from ex21 treme weather events, flooding, or other 

22 natural disasters; and 

23 ‘‘(xv) any other features that mitigate 

24 the risk of recurring damage or the cost of 

25 future repair as a result of extreme weathVerDate Sep 11 2014 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6401 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
49 

•S 2302 RS

1 er events, flooding, or other natural disas2 ters, as determined by the Secretary.’’. 

3 SEC. 1108. RAILWAY-HIGHWAY GRADE CROSSINGS. 

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

5 States Code, is amended— 

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

7 DEVICES’’ and inserting ‘‘RAILWAY-HIGHWAY

8 GRADE CROSSINGS’’; and 

9 (2) in paragraph (1)— 

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

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

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

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

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

15 $245,000,000 for each of fiscal years 2021 

16 through 2025.’’; and 

17 (B) by striking subparagraph (B) and in18 serting the following: 

19 ‘‘(B) REDUCING TRESPASSING FATALITIES

20 AND INJURIES.—A State may use funds set 

21 aside under subparagraph (A) for projects to 

22 reduce pedestrian fatalities and injuries from 

23 trespassing at grade crossings.’’. 


lotter on DSKBCFDHB2PROD with BILLS
50 

•S 2302 RS

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

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

3 and inserting ‘‘100 percent’’. 

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

5 date of enactment of this Act, the Comptroller General 

6 of the United States shall submit to Congress a report 

7 that includes an analysis of the effectiveness of the rail8 way-highway crossings program under section 130 of title 

9 23, United States Code. 

10 (d) SENSE OF CONGRESS RELATING TO TRESPASSER

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

12 sense of Congress that the Department should, where fea13 sible, coordinate departmental efforts to prevent or reduce 

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

15 near railway-highway crossings. 

16 SEC. 1109. SURFACE TRANSPORTATION BLOCK GRANT PRO17 GRAM. 

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

19 States Code, is amended— 

20 (1) in subsection (b)— 

21 (A) in paragraph (1)— 

22 (i) in subparagraph (B)— 

23 (I) by adding ‘‘or’’ at the end; 


lotter on DSKBCFDHB2PROD with BILLS
51 

•S 2302 RS

1 (II) by striking ‘‘facilities eligi2 ble’’ and inserting the following: ‘‘fa3 cilities— 

4 ‘‘(i) that are eligible’’; and 

5 (III) by adding at the end the 

6 following: 

7 ‘‘(ii) that are privately or majority8 privately owned, but that the Secretary de9 termines provide a substantial public 

10 transportation benefit or otherwise meet 

11 the foremost needs of the surface transpor12 tation system described in section 

13 101(b)(3)(D);’’; 

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

15 ‘‘and’’ at the end; 

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

17 the period at the end and inserting ‘‘; 

18 and’’; and 

19 (iv) by adding at the end the fol20 lowing: 

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

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

23 ‘‘148(a)(4)(B)(xvii),’’ after ‘‘119(g),’’; 

24 (C) by redesignating paragraphs (4) 

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


lotter on DSKBCFDHB2PROD with BILLS
52 

•S 2302 RS

1 (9), (10), (11), (12), (13), (15), (16), and (17), 

2 respectively; 

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

4 following: 

5 ‘‘(4) Projects that use natural infrastructure 

6 alone or in combination with other eligible projects 

7 to enhance resilience of a transportation facility oth8 erwise eligible for assistance under this section.’’; 

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

10 so redesignated) the following: 

11 ‘‘(14) Projects and strategies designed to re12 duce the number of wildlife-vehicle collisions, includ13 ing project-related planning, design, construction, 

14 monitoring, and preventative maintenance.’’; and 

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

16 ‘‘(18) Rural barge landing, dock, and water17 front infrastructure projects in accordance with sub18 section (j).’’; 

19 (2) in subsection (c)— 

20 (A) in paragraph (2), by striking ‘‘para21 graphs (4) through (11)’’ and inserting ‘‘para22 graphs (5) through (12) and paragraph (18)’’; 

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

24 the end; 


lotter on DSKBCFDHB2PROD with BILLS
53 

•S 2302 RS

1 (C) by redesignating paragraph (4) as 

2 paragraph (5); and 

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

4 following: 

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

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

7 with a bridge; and’’; 

8 (3) in subsection (d)— 

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

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

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

12 inserting ‘‘55 percent for each of fiscal years 

13 2021 through 2025’’; and 

14 (B) by striking paragraph (6); 

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

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

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

18 through 2025’’; 

19 (5) in subsection (f)— 

20 (A) in paragraph (1)— 

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

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

23 highway bridge’’; and 


lotter on DSKBCFDHB2PROD with BILLS
54 

•S 2302 RS

1 (ii) by inserting ‘‘or low water cross2 ing (as defined by the Secretary)’’ after 

3 ‘‘other than a bridge’’; 

4 (B) in paragraph (2)(A), by striking ‘‘ac5 tivities described in subsection (b)(2) for off6 system bridges’’ and inserting ‘‘activities de7 scribed in paragraphs (1)(A) and (10) of sub8 section (b) for off-system bridges, projects and 

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

10 the replacement of low water crossings with 

11 bridges, and projects and activities described in 

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

13 defined by the Secretary),’’; and 

14 (C) in paragraph (3), in the matter pre15 ceding subparagraph (A)— 

16 (i) by striking ‘‘bridge or rehabilita17 tion of a bridge’’ and inserting ‘‘bridge, re18 habilitation of a bridge, or replacement of 

19 a low water crossing (as defined by the 

20 Secretary) with a bridge’’; and 

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

22 replacement of a low water crossing with a 

23 bridge, is determined by the Secretary on 

24 completion to have improved the safety of 


lotter on DSKBCFDHB2PROD with BILLS
55 

•S 2302 RS

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

2 bridge’’; 

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

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

5 years 2021 through 2025’’; 

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

7 ‘‘(j) RURAL BARGE LANDING, DOCK, AND WATER8 FRONT INFRASTRUCTURE PROJECTS.— 

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

10 than 5 percent of the funds apportioned to the State 

11 under section 104(b)(2) for eligible rural barge land12 ing, dock, and waterfront infrastructure projects de13 scribed in paragraph (2). 

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

15 barge landing, dock, or waterfront infrastructure 

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

17 the planning, designing, engineering, or construction 

18 of a barge landing, dock, or other waterfront infra19 structure in a rural community or a Native village 

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

21 Settlement Act (43 U.S.C. 1602))— 

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

23 ‘‘(B) for which the Secretary determines 

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


lotter on DSKBCFDHB2PROD with BILLS
56 

•S 2302 RS

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

2 States Code, is amended— 

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

4 and (ii) and inserting the following: 

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

6 2021; 

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

8 2022; 

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

10 2023; 

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

12 2024; and 

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

14 2025; and’’; 

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

16 following: 

17 ‘‘(2) ALLOCATION WITHIN A STATE.— 

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

19 subparagraph (B), funds reserved for a State 

20 under paragraph (1) shall be obligated within 

21 that State in the manner described in sub22 section (d), except that, for purposes of this 

23 paragraph (after funds are made available 

24 under paragraph (5))— 


lotter on DSKBCFDHB2PROD with BILLS
57 

•S 2302 RS

1 ‘‘(i) for each fiscal year, the percent2 age specified in subsection (d)(1)(A) shall 

3 be deemed to be 57.5 percent; and 

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

5 shall not apply. 

6 ‘‘(B) LOCAL CONTROL.— 

7 ‘‘(i) IN GENERAL.—On approval of a 

8 plan submitted to the Secretary that de9 scribes the manner in which the plan will 

10 maximize local control and the means by 

11 which the State plans to comply with para12 graph (8), the State may allocate up to 

13 100 percent of the funds referred to in 

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

15 local transportation entities. 

16 ‘‘(ii) REQUIREMENT.—A State that 

17 allocates funding under clause (i) to coun18 ties and other local transportation entities 

19 shall make available an equivalent amount 

20 of obligation limitation to those counties 

21 and other local transportation entities.’’; 

22 (3) in paragraph (4)(B)— 

23 (A) in clause (vii), by striking ‘‘respon24 sible’’ and all that follows through ‘‘programs’’; 


lotter on DSKBCFDHB2PROD with BILLS
58 

•S 2302 RS

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

2 serves an urbanized population of over 

3 200,000’’ after ‘‘metropolitan planning organi4 zation’’; 

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

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

7 (D) by inserting after clause (vi) the fol8 lowing: 

9 ‘‘(vii) a metropolitan planning organi10 zation that serves an urbanized population 

11 of 200,000 or fewer;’’; 

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

13 following: 

14 ‘‘(C) IMPROVING ACCESSIBILITY AND EFFI15 CIENCY.— 

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

17 to use an amount equal to not more than 

18 7 percent of the funds reserved for the 

19 State under this subsection, after allo20 cating funds in accordance with paragraph 

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

22 to access funding for projects under this 

23 subsection in an efficient and expeditious 

24 manner by— 


lotter on DSKBCFDHB2PROD with BILLS
59 

•S 2302 RS

1 ‘‘(I) providing to applicants for 

2 projects under this subsection applica3 tion assistance, technical assistance, 

4 and assistance in reducing the period 

5 of time between the selection of the 

6 project and the obligation of funds for 

7 the project; and 

8 ‘‘(II) providing funding for 1 or 

9 more full-time State employee posi10 tions to administer this subsection. 

11 ‘‘(ii) USE OF FUNDS.—Amounts used 

12 under clause (i) may be expended— 

13 ‘‘(I) directly by the State; or 

14 ‘‘(II) through contracts with 

15 State agencies, private entities, or 

16 nonprofit entities.’’; 

17 (5) by redesignating paragraph (7) as para18 graph (8); and 

19 (6) by inserting after paragraph (6) the fol20 lowing: 

21 ‘‘(7) FEDERAL SHARE.— 

22 ‘‘(A) REQUIRED AGGREGATE NON-FED23 ERAL SHARE.— 

24 ‘‘(i) IN GENERAL.—The average an25 nual non-Federal share of the total cost of 


lotter on DSKBCFDHB2PROD with BILLS
60 

•S 2302 RS

1 all projects carried out under this sub2 section in a State for a fiscal year shall be 

3 not less than the non-Federal share au4 thorized for the State under section 

5 120(b). 

6 ‘‘(ii) SINGLE PROJECTS.—Subject to 

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

8 cost of a single project carried out under 

9 this subsection may be up to 100 percent. 

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

11 subparagraph (A), notwithstanding section 

12 120— 

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

14 section 148 may be credited toward the 

15 non-Federal share of the costs of a project 

16 type under this subsection that the Sec17 retary determines to have an expected safe18 ty benefit; and 

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

20 project under this subsection may be cal21 culated on a project, multiple-project, or 

22 program basis.’’. 


lotter on DSKBCFDHB2PROD with BILLS
61 

•S 2302 RS

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)— 


lotter on DSKBCFDHB2PROD with BILLS
62 

•S 2302 RS

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— 


lotter on DSKBCFDHB2PROD with BILLS
63 

•S 2302 RS

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. 


lotter on DSKBCFDHB2PROD with BILLS
64 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
65 

•S 2302 RS

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)).’’; 


lotter on DSKBCFDHB2PROD with BILLS
66 

•S 2302 RS

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’’; 


lotter on DSKBCFDHB2PROD with BILLS
67 

•S 2302 RS

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; 


lotter on DSKBCFDHB2PROD with BILLS
68 

•S 2302 RS

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— 


lotter on DSKBCFDHB2PROD with BILLS
69 

•S 2302 RS

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; 


lotter on DSKBCFDHB2PROD with BILLS
70 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
71 

•S 2302 RS

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 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00071 Fmt 6652 Sfmt 6401 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
72 

•S 2302 RS

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. 


lotter on DSKBCFDHB2PROD with BILLS
73 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
74 

•S 2302 RS

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. 


lotter on DSKBCFDHB2PROD with BILLS
75 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
76 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
77 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
78 

•S 2302 RS

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.’’; 


lotter on DSKBCFDHB2PROD with BILLS
79 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
80 

•S 2302 RS

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.’’. 


lotter on DSKBCFDHB2PROD with BILLS
81 

•S 2302 RS

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,’’; 


lotter on DSKBCFDHB2PROD with BILLS
82 

•S 2302 RS

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.’’. 


lotter on DSKBCFDHB2PROD with BILLS
83 

•S 2302 RS

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: 


lotter on DSKBCFDHB2PROD with BILLS
84 

•S 2302 RS

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)— 


lotter on DSKBCFDHB2PROD with BILLS
85 

•S 2302 RS

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.’’; 


lotter on DSKBCFDHB2PROD with BILLS
86 

•S 2302 RS

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) 


lotter on DSKBCFDHB2PROD with BILLS
87 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
88 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
89 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
90 

•S 2302 RS

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: 


lotter on DSKBCFDHB2PROD with BILLS
91 

•S 2302 RS

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.— 


lotter on DSKBCFDHB2PROD with BILLS
92 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
93 

•S 2302 RS

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— 


lotter on DSKBCFDHB2PROD with BILLS
94 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
95 

•S 2302 RS

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.— 


lotter on DSKBCFDHB2PROD with BILLS
96 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
97 

•S 2302 RS

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— 


lotter on DSKBCFDHB2PROD with BILLS
98 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
99 

•S 2302 RS

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. 


lotter on DSKBCFDHB2PROD with BILLS
100 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
101 

•S 2302 RS

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.— 


lotter on DSKBCFDHB2PROD with BILLS
102 

•S 2302 RS

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; 


lotter on DSKBCFDHB2PROD with BILLS
103 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
104 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
105 

•S 2302 RS

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 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00105 Fmt 6652 Sfmt 6401 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
106 

•S 2302 RS

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; 


lotter on DSKBCFDHB2PROD with BILLS
107 

•S 2302 RS

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. 


lotter on DSKBCFDHB2PROD with BILLS
108 

•S 2302 RS

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— 


lotter on DSKBCFDHB2PROD with BILLS
109 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
110 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
111 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
112 

•S 2302 RS

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. 


lotter on DSKBCFDHB2PROD with BILLS
113 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
114 

•S 2302 RS

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. 


lotter on DSKBCFDHB2PROD with BILLS
115 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
116 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
117 

•S 2302 RS

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— 


lotter on DSKBCFDHB2PROD with BILLS
118 

•S 2302 RS

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 

25 under the program, the Secretary shall submit to the ComVerDate Sep 11 2014 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00118 Fmt 6652 Sfmt 6401 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
119 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
120 

•S 2302 RS

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’’. 


lotter on DSKBCFDHB2PROD with BILLS
121 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
122 

•S 2302 RS

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). 


lotter on DSKBCFDHB2PROD with BILLS
123 

•S 2302 RS

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). 


lotter on DSKBCFDHB2PROD with BILLS
124 

•S 2302 RS

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 

25 amount that the Appalachian State reVerDate Sep 11 2014 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00124 Fmt 6652 Sfmt 6401 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
125 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
126 

•S 2302 RS

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. 


lotter on DSKBCFDHB2PROD with BILLS
127 

•S 2302 RS

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 

25 the Secretary under subsection (d)(1)(A), the SecVerDate Sep 11 2014 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00127 Fmt 6652 Sfmt 6401 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
128 

•S 2302 RS

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. 


lotter on DSKBCFDHB2PROD with BILLS
129 

•S 2302 RS

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); 


lotter on DSKBCFDHB2PROD with BILLS
130 

•S 2302 RS

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). 


lotter on DSKBCFDHB2PROD with BILLS
131 

•S 2302 RS

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— 


lotter on DSKBCFDHB2PROD with BILLS
132 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
133 

•S 2302 RS

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.— 


lotter on DSKBCFDHB2PROD with BILLS
134 

•S 2302 RS

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 

25 State on which a vulnerable road user faVerDate Sep 11 2014 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00134 Fmt 6652 Sfmt 6401 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
135 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
136 

•S 2302 RS

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.— 


lotter on DSKBCFDHB2PROD with BILLS
137 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
138 

•S 2302 RS

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— 


lotter on DSKBCFDHB2PROD with BILLS
139 

•S 2302 RS

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)— 


lotter on DSKBCFDHB2PROD with BILLS
140 

•S 2302 RS

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— 


lotter on DSKBCFDHB2PROD with BILLS
141 

•S 2302 RS

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). 


lotter on DSKBCFDHB2PROD with BILLS
142 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
143 

•S 2302 RS

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). 


lotter on DSKBCFDHB2PROD with BILLS
144 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
145 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
146 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
147 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
148 

•S 2302 RS

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. 


lotter on DSKBCFDHB2PROD with BILLS
149 

•S 2302 RS

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 

24 chapter 1 of title 23, United States Code (as amendVerDate Sep 11 2014 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00149 Fmt 6652 Sfmt 6401 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
150 

•S 2302 RS

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; 


lotter on DSKBCFDHB2PROD with BILLS
151 

•S 2302 RS

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 

23 (ii) the recommendations of the Sec24 retary with respect to the collection and reVerDate Sep 11 2014 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00151 Fmt 6652 Sfmt 6401 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
152 

•S 2302 RS

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). 


lotter on DSKBCFDHB2PROD with BILLS
153 

•S 2302 RS

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; and 


lotter on DSKBCFDHB2PROD with BILLS
154 

•S 2302 RS

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; 


lotter on DSKBCFDHB2PROD with BILLS
155 

•S 2302 RS

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. 


lotter on DSKBCFDHB2PROD with BILLS
156 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
157 

•S 2302 RS

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— 


lotter on DSKBCFDHB2PROD with BILLS
158 

•S 2302 RS

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— 


lotter on DSKBCFDHB2PROD with BILLS
159 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
160 

•S 2302 RS

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; 


lotter on DSKBCFDHB2PROD with BILLS
161 

•S 2302 RS

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.— 


lotter on DSKBCFDHB2PROD with BILLS
162 

•S 2302 RS

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— 


lotter on DSKBCFDHB2PROD with BILLS
163 

•S 2302 RS

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.— 


lotter on DSKBCFDHB2PROD with BILLS
164 

•S 2302 RS

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; 

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 


lotter on DSKBCFDHB2PROD with BILLS
165 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
166 

•S 2302 RS

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.— 


lotter on DSKBCFDHB2PROD with BILLS
167 

•S 2302 RS

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— 


lotter on DSKBCFDHB2PROD with BILLS
168 

•S 2302 RS

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 

25 collision and carcass data system for the NaVerDate Sep 11 2014 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00168 Fmt 6652 Sfmt 6401 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
169 

•S 2302 RS

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— 


lotter on DSKBCFDHB2PROD with BILLS
170 

•S 2302 RS

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. 


lotter on DSKBCFDHB2PROD with BILLS
171 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
172 

•S 2302 RS

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)— 


lotter on DSKBCFDHB2PROD with BILLS
173 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
174 

•S 2302 RS

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; 


lotter on DSKBCFDHB2PROD with BILLS
175 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
176 

•S 2302 RS

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; 


lotter on DSKBCFDHB2PROD with BILLS
177 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
178 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
179 

•S 2302 RS

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.’’. 


lotter on DSKBCFDHB2PROD with BILLS
180 

•S 2302 RS

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— 


lotter on DSKBCFDHB2PROD with BILLS
181 

•S 2302 RS

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; 


lotter on DSKBCFDHB2PROD with BILLS
182 

•S 2302 RS

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. 


lotter on DSKBCFDHB2PROD with BILLS
183 

•S 2302 RS

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.’’. 


lotter on DSKBCFDHB2PROD with BILLS
184 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
185 

•S 2302 RS

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. 


lotter on DSKBCFDHB2PROD with BILLS
186 

•S 2302 RS

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; 


lotter on DSKBCFDHB2PROD with BILLS
187 

•S 2302 RS

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. 


lotter on DSKBCFDHB2PROD with BILLS
188 

•S 2302 RS

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— 


lotter on DSKBCFDHB2PROD with BILLS
189 

•S 2302 RS

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— 


lotter on DSKBCFDHB2PROD with BILLS
190 

•S 2302 RS

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 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00190 Fmt 6652 Sfmt 6401 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
191 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
192 

•S 2302 RS

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); 


lotter on DSKBCFDHB2PROD with BILLS
193 

•S 2302 RS

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— 


lotter on DSKBCFDHB2PROD with BILLS
194 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
195 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
196 

•S 2302 RS

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: 


lotter on DSKBCFDHB2PROD with BILLS
197 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
198 

•S 2302 RS

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)— 


lotter on DSKBCFDHB2PROD with BILLS
199 

•S 2302 RS

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 

25 of the State with respect to each reVerDate Sep 11 2014 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00199 Fmt 6652 Sfmt 6401 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
200 

•S 2302 RS

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— 


lotter on DSKBCFDHB2PROD with BILLS
201 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
202 

•S 2302 RS

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 

25 Infrastructure of the House of RepresentaVerDate Sep 11 2014 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00202 Fmt 6652 Sfmt 6401 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
203 

•S 2302 RS

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 

24 under subparagraph (A) to compare travel deVerDate Sep 11 2014 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00203 Fmt 6652 Sfmt 6401 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
204 

•S 2302 RS

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— 


lotter on DSKBCFDHB2PROD with BILLS
205 

•S 2302 RS

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. 


lotter on DSKBCFDHB2PROD with BILLS
206 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
207 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
208 

•S 2302 RS

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; 


lotter on DSKBCFDHB2PROD with BILLS
209 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
210 

•S 2302 RS

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: 


lotter on DSKBCFDHB2PROD with BILLS
211 

•S 2302 RS

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 

25 the Committee on Transportation and InfraVerDate Sep 11 2014 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00211 Fmt 6652 Sfmt 6401 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
212 

•S 2302 RS

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)— 


lotter on DSKBCFDHB2PROD with BILLS
213 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
214 

•S 2302 RS

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; 


lotter on DSKBCFDHB2PROD with BILLS
215 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
216 

•S 2302 RS

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. 


lotter on DSKBCFDHB2PROD with BILLS
217 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
218 

•S 2302 RS

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.— 


lotter on DSKBCFDHB2PROD with BILLS
219 

•S 2302 RS

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; 


lotter on DSKBCFDHB2PROD with BILLS
220 

•S 2302 RS

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. 


lotter on DSKBCFDHB2PROD with BILLS
221 

•S 2302 RS

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; 


lotter on DSKBCFDHB2PROD with BILLS
222 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
223 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
224 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
225 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
226 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
227 

•S 2302 RS

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.— 


lotter on DSKBCFDHB2PROD with BILLS
228 

•S 2302 RS

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 

24 after the date on which the notice under paraVerDate Sep 11 2014 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00228 Fmt 6652 Sfmt 6401 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
229 

•S 2302 RS

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. 


lotter on DSKBCFDHB2PROD with BILLS
230 

•S 2302 RS

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). 


lotter on DSKBCFDHB2PROD with BILLS
231 

•S 2302 RS

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— 


lotter on DSKBCFDHB2PROD with BILLS
232 

•S 2302 RS

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— 


lotter on DSKBCFDHB2PROD with BILLS
233 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
234 

•S 2302 RS

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. 


lotter on DSKBCFDHB2PROD with BILLS
235 

•S 2302 RS

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: 


lotter on DSKBCFDHB2PROD with BILLS
236 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
237 

•S 2302 RS

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— 


lotter on DSKBCFDHB2PROD with BILLS
238 

•S 2302 RS

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 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00238 Fmt 6652 Sfmt 6401 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
239 

•S 2302 RS

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; 


lotter on DSKBCFDHB2PROD with BILLS
240 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
241 

•S 2302 RS

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— 


lotter on DSKBCFDHB2PROD with BILLS
242 

•S 2302 RS

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)— 


lotter on DSKBCFDHB2PROD with BILLS
243 

•S 2302 RS

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; 


lotter on DSKBCFDHB2PROD with BILLS
244 

•S 2302 RS

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 

25 electric vehicle charging infrastructure, hydroVerDate Sep 11 2014 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00244 Fmt 6652 Sfmt 6401 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
245 

•S 2302 RS

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 

24 at existing charging or fueling inVerDate Sep 11 2014 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00245 Fmt 6652 Sfmt 6401 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
246 

•S 2302 RS

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; 


lotter on DSKBCFDHB2PROD with BILLS
247 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
248 

•S 2302 RS

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.— 


lotter on DSKBCFDHB2PROD with BILLS
249 

•S 2302 RS

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 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00249 Fmt 6652 Sfmt 6401 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
250 

•S 2302 RS

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— 


lotter on DSKBCFDHB2PROD with BILLS
251 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
252 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
253 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
254 

•S 2302 RS

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. 


lotter on DSKBCFDHB2PROD with BILLS
255 

•S 2302 RS

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); 


lotter on DSKBCFDHB2PROD with BILLS
256 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
257 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
258 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
259 

•S 2302 RS

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— 


lotter on DSKBCFDHB2PROD with BILLS
260 

•S 2302 RS

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); 


lotter on DSKBCFDHB2PROD with BILLS
261 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
262 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
263 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
264 

•S 2302 RS

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) 


lotter on DSKBCFDHB2PROD with BILLS
265 

•S 2302 RS

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. 


lotter on DSKBCFDHB2PROD with BILLS
266 

•S 2302 RS

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. 


lotter on DSKBCFDHB2PROD with BILLS
267 

•S 2302 RS

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). 


lotter on DSKBCFDHB2PROD with BILLS
268 

•S 2302 RS

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. 


lotter on DSKBCFDHB2PROD with BILLS
269 

•S 2302 RS

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. 


lotter on DSKBCFDHB2PROD with BILLS
270 

•S 2302 RS

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— 


lotter on DSKBCFDHB2PROD with BILLS
271 

•S 2302 RS

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.’’. 


lotter on DSKBCFDHB2PROD with BILLS
272 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
273 

•S 2302 RS

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— 


lotter on DSKBCFDHB2PROD with BILLS
274 

•S 2302 RS

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. 


lotter on DSKBCFDHB2PROD with BILLS
275 

•S 2302 RS

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. 


lotter on DSKBCFDHB2PROD with BILLS
276 

•S 2302 RS

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 

24 approve the use of tolls on the Interstate SysVerDate Sep 11 2014 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00276 Fmt 6652 Sfmt 6401 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
277 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
278 

•S 2302 RS

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.’’. 


lotter on DSKBCFDHB2PROD with BILLS
279 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
280 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
281 

•S 2302 RS

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. 


lotter on DSKBCFDHB2PROD with BILLS
282 

•S 2302 RS

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)— 


lotter on DSKBCFDHB2PROD with BILLS
283 

•S 2302 RS

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 

24 Administrator shall carry out the activities deVerDate Sep 11 2014 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00283 Fmt 6652 Sfmt 6401 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
284 

•S 2302 RS

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, 


lotter on DSKBCFDHB2PROD with BILLS
285 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
286 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
287 

•S 2302 RS

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.— 


lotter on DSKBCFDHB2PROD with BILLS
288 

•S 2302 RS

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. 


lotter on DSKBCFDHB2PROD with BILLS
289 

•S 2302 RS

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

24 CHAIRPERSON.—The Board shall se25 lect a Chairperson and Vice ChairVerDate Sep 11 2014 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00289 Fmt 6652 Sfmt 6401 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
290 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
291 

•S 2302 RS

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. 


lotter on DSKBCFDHB2PROD with BILLS
292 

•S 2302 RS

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— 


lotter on DSKBCFDHB2PROD with BILLS
293 

•S 2302 RS

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, 


lotter on DSKBCFDHB2PROD with BILLS
294 

•S 2302 RS

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, 


lotter on DSKBCFDHB2PROD with BILLS
295 

•S 2302 RS

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. 


lotter on DSKBCFDHB2PROD with BILLS
296 

•S 2302 RS

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 

25 Infrastructure Act of 2019, the AdminisVerDate Sep 11 2014 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00296 Fmt 6652 Sfmt 6401 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
297 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
298 

•S 2302 RS

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. 


lotter on DSKBCFDHB2PROD with BILLS
299 

•S 2302 RS

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, 


lotter on DSKBCFDHB2PROD with BILLS
300 

•S 2302 RS

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 

25 that captures, utilizes, or sequesters carVerDate Sep 11 2014 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00300 Fmt 6652 Sfmt 6401 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
301 

•S 2302 RS

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.— 


lotter on DSKBCFDHB2PROD with BILLS
302 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
303 

•S 2302 RS

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— 

24 (i) submit the report under subpara25 graph (A) to the Committee on EnvironVerDate Sep 11 2014 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00303 Fmt 6652 Sfmt 6401 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
304 

•S 2302 RS

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— 


lotter on DSKBCFDHB2PROD with BILLS
305 

•S 2302 RS

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. 


lotter on DSKBCFDHB2PROD with BILLS
306 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
307 

•S 2302 RS

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— 


lotter on DSKBCFDHB2PROD with BILLS
308 

•S 2302 RS

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; 


lotter on DSKBCFDHB2PROD with BILLS
309 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
310 

•S 2302 RS

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; 


lotter on DSKBCFDHB2PROD with BILLS
311 

•S 2302 RS

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; 


lotter on DSKBCFDHB2PROD with BILLS
312 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
313 

•S 2302 RS

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: 


lotter on DSKBCFDHB2PROD with BILLS
314 

•S 2302 RS

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). 


lotter on DSKBCFDHB2PROD with BILLS
315 

•S 2302 RS

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. 


lotter on DSKBCFDHB2PROD with BILLS
316 

•S 2302 RS

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, 


lotter on DSKBCFDHB2PROD with BILLS
317 

•S 2302 RS

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.— 


lotter on DSKBCFDHB2PROD with BILLS
318 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
319 

•S 2302 RS

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; 


lotter on DSKBCFDHB2PROD with BILLS
320 

•S 2302 RS

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; 


lotter on DSKBCFDHB2PROD with BILLS
321 

•S 2302 RS

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, 

25 including planning, feasibility analVerDate Sep 11 2014 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00321 Fmt 6652 Sfmt 6401 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
322 

•S 2302 RS

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). 


lotter on DSKBCFDHB2PROD with BILLS
323 

•S 2302 RS

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. 


lotter on DSKBCFDHB2PROD with BILLS
324 

•S 2302 RS

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; 

23 ‘‘(C) technical capacity building by the eli24 gible entity to facilitate the ability of the eligi25 ble entity to assess the vulnerabilities of the inVerDate Sep 11 2014 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00324 Fmt 6652 Sfmt 6401 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
325 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
326 

•S 2302 RS

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; 


lotter on DSKBCFDHB2PROD with BILLS
327 

•S 2302 RS

1 ‘‘(ff) a resilience project that 

2 addresses identified 

3 vulnerabilities described in the 

4 resilience improvement plan of 

5 the eligible 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; 


lotter on DSKBCFDHB2PROD with BILLS
328 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
329 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
330 

•S 2302 RS

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— 


lotter on DSKBCFDHB2PROD with BILLS
331 

•S 2302 RS

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 

25 hospitals and other medical or emerVerDate Sep 11 2014 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00331 Fmt 6652 Sfmt 6401 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
332 

•S 2302 RS

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 

24 Secretary shall consult with the Adminis25 trator of the Federal Emergency ManageVerDate Sep 11 2014 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00332 Fmt 6652 Sfmt 6401 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
333 

•S 2302 RS

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). 


lotter on DSKBCFDHB2PROD with BILLS
334 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
335 

•S 2302 RS

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 

23 providing grants under this subsection, the Sec24 retary shall conduct a transparent and competi25 tive national solicitation process to select eligiVerDate Sep 11 2014 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00335 Fmt 6652 Sfmt 6401 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
336 

•S 2302 RS

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 

25 of the risk mitigation plan under secVerDate Sep 11 2014 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00336 Fmt 6652 Sfmt 6401 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
337 

•S 2302 RS

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) 


lotter on DSKBCFDHB2PROD with BILLS
338 

•S 2302 RS

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 

25 provided in subclause (II) and subVerDate Sep 11 2014 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00338 Fmt 6652 Sfmt 6401 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
339 

•S 2302 RS

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), 


lotter on DSKBCFDHB2PROD with BILLS
340 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
341 

•S 2302 RS

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. 


lotter on DSKBCFDHB2PROD with BILLS
342 

•S 2302 RS

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.— 


lotter on DSKBCFDHB2PROD with BILLS
343 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
344 

•S 2302 RS

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, 


lotter on DSKBCFDHB2PROD with BILLS
345 

•S 2302 RS

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). 


lotter on DSKBCFDHB2PROD with BILLS
346 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
347 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
348 

•S 2302 RS

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; 


lotter on DSKBCFDHB2PROD with BILLS
349 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
350 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
351 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
352 

•S 2302 RS

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’’. 


lotter on DSKBCFDHB2PROD with BILLS
353 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
354 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
355 

•S 2302 RS

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. 


lotter on DSKBCFDHB2PROD with BILLS
356 

•S 2302 RS

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; 


lotter on DSKBCFDHB2PROD with BILLS
357 

•S 2302 RS

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; 


lotter on DSKBCFDHB2PROD with BILLS
358 

•S 2302 RS

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 

24 Secretary may limit the amount of unused toll credVerDate Sep 11 2014 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00358 Fmt 6652 Sfmt 6401 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
359 

•S 2302 RS

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; 


lotter on DSKBCFDHB2PROD with BILLS
360 

•S 2302 RS

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.— 


lotter on DSKBCFDHB2PROD with BILLS
361 

•S 2302 RS

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; 


lotter on DSKBCFDHB2PROD with BILLS
362 

•S 2302 RS

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. 


lotter on DSKBCFDHB2PROD with BILLS
363 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
364 

•S 2302 RS

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; 


lotter on DSKBCFDHB2PROD with BILLS
365 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
366 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
367 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
368 

•S 2302 RS

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— 


lotter on DSKBCFDHB2PROD with BILLS
369 

•S 2302 RS

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. 


lotter on DSKBCFDHB2PROD with BILLS
370 

•S 2302 RS

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: 


lotter on DSKBCFDHB2PROD with BILLS
371 

•S 2302 RS

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— 


lotter on DSKBCFDHB2PROD with BILLS
372 

•S 2302 RS

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.’’. 


lotter on DSKBCFDHB2PROD with BILLS
373 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
374 

•S 2302 RS

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 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00374 Fmt 6652 Sfmt 6401 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
375 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
376 

•S 2302 RS

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 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00376 Fmt 6652 Sfmt 6401 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
377 

•S 2302 RS

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. 


lotter on DSKBCFDHB2PROD with BILLS
378 

•S 2302 RS

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; 


lotter on DSKBCFDHB2PROD with BILLS
379 

•S 2302 RS

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; 


lotter on DSKBCFDHB2PROD with BILLS
380 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
381 

•S 2302 RS

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. 


lotter on DSKBCFDHB2PROD with BILLS
382 

•S 2302 RS

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. 


lotter on DSKBCFDHB2PROD with BILLS
383 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
384 

•S 2302 RS

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; 


lotter on DSKBCFDHB2PROD with BILLS
385 

•S 2302 RS

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 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00385 Fmt 6652 Sfmt 6401 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
386 

•S 2302 RS

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; 


lotter on DSKBCFDHB2PROD with BILLS
387 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
388 

•S 2302 RS

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. 


lotter on DSKBCFDHB2PROD with BILLS
389 

•S 2302 RS

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. 


lotter on DSKBCFDHB2PROD with BILLS
390 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
391 

•S 2302 RS

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.— 


lotter on DSKBCFDHB2PROD with BILLS
392 

•S 2302 RS

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, 


lotter on DSKBCFDHB2PROD with BILLS
393 

•S 2302 RS

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— 


lotter on DSKBCFDHB2PROD with BILLS
394 

•S 2302 RS

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. 


lotter on DSKBCFDHB2PROD with BILLS
395 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
396 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
397 

•S 2302 RS

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— 


lotter on DSKBCFDHB2PROD with BILLS
398 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
399 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
400 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
401 

•S 2302 RS

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 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00401 Fmt 6652 Sfmt 6401 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
402 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
403 

•S 2302 RS

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— 


lotter on DSKBCFDHB2PROD with BILLS
404 

•S 2302 RS

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, 


lotter on DSKBCFDHB2PROD with BILLS
405 

•S 2302 RS

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— 


lotter on DSKBCFDHB2PROD with BILLS
406 

•S 2302 RS

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; 


lotter on DSKBCFDHB2PROD with BILLS
407 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
408 

•S 2302 RS

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. 


lotter on DSKBCFDHB2PROD with BILLS
409 

•S 2302 RS

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— 


lotter on DSKBCFDHB2PROD with BILLS
410 

•S 2302 RS

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. 


lotter on DSKBCFDHB2PROD with BILLS
411 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
412 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
413 

•S 2302 RS

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— 


lotter on DSKBCFDHB2PROD with BILLS
414 

•S 2302 RS

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. 


lotter on DSKBCFDHB2PROD with BILLS
415 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
416 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
417 

•S 2302 RS

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’’. 


lotter on DSKBCFDHB2PROD with BILLS
418 

•S 2302 RS

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)’’; 


lotter on DSKBCFDHB2PROD with BILLS
419 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
420 

•S 2302 RS

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; 


lotter on DSKBCFDHB2PROD with BILLS
421 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
422 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
423 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
424 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
425 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
426 

•S 2302 RS

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.’’. 


lotter on DSKBCFDHB2PROD with BILLS
427 

•S 2302 RS

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. 


lotter on DSKBCFDHB2PROD with BILLS
428 

•S 2302 RS

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.’’. 


lotter on DSKBCFDHB2PROD with BILLS
429 

•S 2302 RS

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 

25 2021 through 2025, not more than 15 perVerDate Sep 11 2014 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00429 Fmt 6652 Sfmt 6401 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
430 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
431 

•S 2302 RS

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’’; 


lotter on DSKBCFDHB2PROD with BILLS
432 

•S 2302 RS

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. 


lotter on DSKBCFDHB2PROD with BILLS
433 

•S 2302 RS

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. 


lotter on DSKBCFDHB2PROD with BILLS
434 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
435 

•S 2302 RS

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. 


lotter on DSKBCFDHB2PROD with BILLS
436 

•S 2302 RS

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; 


lotter on DSKBCFDHB2PROD with BILLS
437 

•S 2302 RS

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. 


lotter on DSKBCFDHB2PROD with BILLS
438 

•S 2302 RS

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. 


lotter on DSKBCFDHB2PROD with BILLS
439 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
440 

•S 2302 RS

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’’; 


lotter on DSKBCFDHB2PROD with BILLS
441 

•S 2302 RS

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)— 


lotter on DSKBCFDHB2PROD with BILLS
442 

•S 2302 RS

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; 


lotter on DSKBCFDHB2PROD with BILLS
443 

•S 2302 RS

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)— 


lotter on DSKBCFDHB2PROD with BILLS
444 

•S 2302 RS

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 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00444 Fmt 6652 Sfmt 6401 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
445 

•S 2302 RS

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; 


lotter on DSKBCFDHB2PROD with BILLS
446 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
447 

•S 2302 RS

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; 


lotter on DSKBCFDHB2PROD with BILLS
448 

•S 2302 RS

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— 


lotter on DSKBCFDHB2PROD with BILLS
449 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
450 

•S 2302 RS

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— 


lotter on DSKBCFDHB2PROD with BILLS
451 

•S 2302 RS

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: 


lotter on DSKBCFDHB2PROD with BILLS
452 

•S 2302 RS

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 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00452 Fmt 6652 Sfmt 6401 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
453 

•S 2302 RS

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; 


lotter on DSKBCFDHB2PROD with BILLS
454 

•S 2302 RS

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.’’; 


lotter on DSKBCFDHB2PROD with BILLS
455 

•S 2302 RS

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; 


lotter on DSKBCFDHB2PROD with BILLS
456 

•S 2302 RS

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)— 


lotter on DSKBCFDHB2PROD with BILLS
457 

•S 2302 RS

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. 


lotter on DSKBCFDHB2PROD with BILLS
458 

•S 2302 RS

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.’’. 


lotter on DSKBCFDHB2PROD with BILLS
459 

•S 2302 RS

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 


lotter on DSKBCFDHB2PROD with BILLS
460 

•S 2302 RS

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— 


lotter on DSKBCFDHB2PROD with BILLS
461 

•S 2302 RS

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. 


lotter on DSKBCFDHB2PROD with BILLS
462 

•S 2302 RS

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; 


lotter on DSKBCFDHB2PROD with BILLS
463 

•S 2302 RS

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: 


lotter on DSKBCFDHB2PROD with BILLS
464 

•S 2302 RS

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 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00464 Fmt 6652 Sfmt 6401 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
465 

•S 2302 RS

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, 


lotter on DSKBCFDHB2PROD with BILLS
466 

•S 2302 RS

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.’’. 


lotter on DSKBCFDHB2PROD with BILLS
467 

•S 2302 RS

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: 


lotter on DSKBCFDHB2PROD with BILLS
468 

•S 2302 RS

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’’. 

20 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

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

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

24 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

Sec. 3. Effective date. 


lotter on DSKBCFDHB2PROD with BILLS
469 

•S 2302 RS

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. 

Sec. 1129. Nationally significant Federal lands and Tribal projects program. 

Sec. 1130. Tribal high priority projects 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. 


lotter on DSKBCFDHB2PROD with BILLS
470 

•S 2302 RS

Sec. 1308. Geomatic data. 

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

Sec. 1310. Department of Transportation reports. 

Sec. 1311. Preliminary engineering. 

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. Sense of Senate relating to offsets. 

Sec. 1526. Study on stormwater best management practices. 

Sec. 1527. Stormwater best management practices reports. 

Sec. 1528. Invasive plant elimination program. 

Sec. 1529. Over-the-road bus tolling equity. 

Sec. 1530. Bridge terminology. 

Sec. 1531. Technical corrections. 

Sec. 1532. Study of impacts on roads from self-driving vehicles. 


lotter on DSKBCFDHB2PROD with BILLS
471 

•S 2302 RS

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. 

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. 

TITLE IV—INDIAN AFFAIRS 

Sec. 4001. Definition of Secretary. 

Sec. 4002. Environmental reviews for certain tribal transportation facilities. 

Sec. 4003. Programmatic agreements for tribal categorical exclusions. 

Sec. 4004. Use of certain tribal transportation funds. 

Sec. 4005. Bureau of Indian Affairs road maintenance program. 

Sec. 4006. Study of road maintenance on Indian land. 

Sec. 4007. Maintenance of certain Indian reservation roads. 

Sec. 4008. Tribal transportation safety needs. 

Sec. 4009. Office of Tribal Government Affairs. 

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. 


lotter on DSKBCFDHB2PROD with BILLS
472 

•S 2302 RS

1 TITLE I—FEDERAL-AID 

2 HIGHWAYS 

3 Subtitle A—Authorizations and 

4 Programs 

5 SEC. 1101. AUTHORIZATION OF APPROPRIATIONS. 

6 (a) IN GENERAL.—The following amounts are author7 ized to be appropriated out of the Highway Trust Fund 

8 (other than the Mass Transit Account): 

9 (1) FEDERAL-AID HIGHWAY PROGRAM.—For the 

10 national highway performance program under section 

11 119 of title 23, United States Code, the surface trans12 portation block grant program under section 133 of 

13 that title, the highway safety improvement program 

14 under section 148 of that title, the congestion mitiga15 tion and air quality improvement program under sec16 tion 149 of that title, the national highway freight 

17 program under section 167 of that title, and to carry 

18 out section 134 of that title— 

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

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

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

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

23 and 

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


lotter on DSKBCFDHB2PROD with BILLS
473 

•S 2302 RS

1 (2) TRANSPORTATION INFRASTRUCTURE FINANCE

2 AND INNOVATION PROGRAM.—For credit assistance 

3 under the transportation infrastructure finance and 

4 innovation program under chapter 6 of title 23, 

5 United States Code, $300,000,000 for each of fiscal 

6 years 2021 through 2025. 

7 (3) FEDERAL LANDS AND TRIBAL TRANSPOR8 TATION PROGRAMS.— 

9 (A) TRIBAL TRANSPORTATION PROGRAM.— 

10 For the tribal transportation program under sec11 tion 202 of title 23, United States Code— 

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

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

14 (iii) $595,000,000 for fiscal year 2023; 

15 (iv) $610,000,000 for fiscal year 2024; 

16 and 

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

18 (B) FEDERAL LANDS TRANSPORTATION PRO19 GRAM.— 

20 (i) IN GENERAL.—For the Federal 

21 lands transportation program under section 

22 203 of title 23, United States Code— 

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

24 2021; 


lotter on DSKBCFDHB2PROD with BILLS
474 

•S 2302 RS

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

2 2022; 

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

4 2023; 

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

6 2024; and 

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

8 2025. 

9 (ii) ALLOCATION.—Of the amount 

10 made available for a fiscal year under 

11 clause (i)— 

12 (I) the amount for the National 

13 Park Service is— 

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

15 year 2021; 

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

17 year 2022; 

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

19 year 2023; 

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

21 year 2024; and 

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

23 year 2025; 

24 (II) the amount for the United 

25 States Fish and Wildlife Service is 


lotter on DSKBCFDHB2PROD with BILLS
475 

•S 2302 RS

1 $33,000,000 for each of fiscal years 

2 2021 through 2025; and 

3 (III) the amount for the Forest 

4 Service is— 

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

6 year 2021; 

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

8 year 2022; 

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

10 year 2023; 

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

12 year 2024; and 

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

14 year 2025. 

15 (C) FEDERAL LANDS ACCESS PROGRAM.— 

16 For the Federal lands access program under sec17 tion 204 of title 23, United States Code— 

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

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

20 (iii) $290,000,000 for fiscal year 2023; 

21 (iv) $295,000,000 for fiscal year 2024; 

22 and 

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

24 (4) TERRITORIAL AND PUERTO RICO HIGHWAY

25 PROGRAM.—For the territorial and Puerto Rico highVerDate Sep 11 2014 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00475 Fmt 6652 Sfmt 6203 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
476 

•S 2302 RS

1 way program under section 165 of title 23, United 

2 States Code— 

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

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

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

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

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

8 (5) NATIONALLY SIGNIFICANT FREIGHT AND

9 HIGHWAY PROJECTS.—For nationally significant 

10 freight and highway projects under section 117 of title 

11 23, United States Code— 

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

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

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

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

16 and 

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

18 (b) OTHER PROGRAMS.— 

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) BRIDGE INVESTMENT PROGRAM.—To 

23 carry out the bridge investment program under 

24 section 124 of title 23, United States Code— 

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


lotter on DSKBCFDHB2PROD with BILLS
477 

•S 2302 RS

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

2 (iii) $650,000,000 for fiscal year 2023; 

3 (iv) $675,000,000 for fiscal year 2024; 

4 and 

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

6 (B) CONGESTION RELIEF PROGRAM.—To 

7 carry out the congestion relief program under 

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

9 $40,000,000 for each of fiscal years 2021 through 

10 2025. 

11 (C) CHARGING AND FUELING INFRASTRUC12 TURE GRANTS.—To carry out section 151(f) of 

13 title 23, United States Code— 

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

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

16 (iii) $200,000,000 for fiscal year 2023; 

17 (iv) $300,000,000 for fiscal year 2024; 

18 and 

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

20 (D) FORMULA SAFETY INCENTIVE PRO21 GRAM.—To carry out the formula safety incen22 tive program under section 172 of title 23, 

23 United States Code, $500,000,000 for each of fis24 cal years 2021 through 2025. 


lotter on DSKBCFDHB2PROD with BILLS
478 

•S 2302 RS

1 (E) FATALITY REDUCTION PERFORMANCE

2 PROGRAM.—To carry out the fatality reduction 

3 performance program under section 173 of title 

4 23, United States Code, $100,000,000 for each of 

5 fiscal years 2021 through 2025. 

6 (F) FORMULA CARBON REDUCTION INCEN7 TIVE PROGRAM.—To carry out the formula car8 bon reduction incentive program under section 

9 177 of title 23, United States Code, $600,000,000 

10 for each of fiscal years 2021 through 2025. 

11 (G) CARBON REDUCTION PERFORMANCE

12 PROGRAM.—To carry out the carbon reduction 

13 performance program under section 178 of title 

14 23, United States Code, $100,000,000 for each of 

15 fiscal years 2021 through 2025. 

16 (H) PROTECT GRANTS.—To carry out the 

17 PROTECT grant program under section 179 of 

18 title 23, United States Code, for each of fiscal 

19 years 2021 through 2025— 

20 (i) $786,000,000 for formula awards to 

21 States under subsection (c) of that section; 

22 and 

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

24 grants under subsection (d) of that section, 

25 of which— 


lotter on DSKBCFDHB2PROD with BILLS
479 

•S 2302 RS

1 (I) $20,000,000 shall be for plan2 ning grants under paragraph (3) of 

3 that subsection; 

4 (II) $140,000,000 shall be for re5 silience improvement grants under 

6 paragraph (4)(A) of that subsection; 

7 (III) $20,000,000 shall be for com8 munity resilience and evacuation route 

9 grants under paragraph (4)(B) of that 

10 subsection; and 

11 (IV) $20,000,000 shall be for at12 risk coastal infrastructure grants 

13 under paragraph (4)(C) of that sub14 section. 

15 (I) REDUCTION OF TRUCK EMISSIONS AT

16 PORT FACILITIES.— 

17 (i) IN GENERAL.—To carry out the re18 duction of truck emissions at port facilities 

19 under section 1402— 

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

21 2021; 

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

23 2022; 

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

25 2023; 


lotter on DSKBCFDHB2PROD with BILLS
480 

•S 2302 RS

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

2 2024; and 

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

4 2025. 

5 (ii) TREATMENT.—Amounts made 

6 available under clause (i) shall be available 

7 for obligation in the same manner as if 

8 those amounts were apportioned under 

9 chapter 1 of title 23, United States Code. 

10 (J) NATIONALLY SIGNIFICANT FEDERAL

11 LANDS AND TRIBAL PROJECTS.— 

12 (i) IN GENERAL.—To carry out the na13 tionally significant Federal lands and trib14 al projects program under section 1123 of 

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

16 Law 114–94), $50,000,000 for each of fiscal 

17 years 2021 through 2025. 

18 (ii) TREATMENT.—Amounts made 

19 available under clause (i) shall be available 

20 for obligation in the same manner as if 

21 those amounts were apportioned under 

22 chapter 1 of title 23, United States Code. 

23 (2) GENERAL FUND.— 

24 (A) BRIDGE INVESTMENT PROGRAM.— 


lotter on DSKBCFDHB2PROD with BILLS
481 

•S 2302 RS

1 (i) IN GENERAL.—In addition to 

2 amounts made available under paragraph 

3 (1)(A), there are authorized to be appro4 priated to carry out the bridge investment 

5 program under section 124 of title 23, 

6 United States Code— 

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

8 2021; 

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

10 2022; 

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

12 2023; 

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

14 2024; and 

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

16 2025. 

17 (ii) ALLOCATION.—Amounts made 

18 available under clause (i) shall be allocated 

19 in the same manner as if made available 

20 under paragraph (1)(A). 

21 (B) NATIONALLY SIGNIFICANT FEDERAL

22 LANDS AND TRIBAL PROJECTS PROGRAM.—In ad23 dition to amounts made available under para24 graph (1)(J), there is authorized to be appro25 priated to carry out section 1123 of the FAST 


lotter on DSKBCFDHB2PROD with BILLS
482 

•S 2302 RS

1 Act (23 U.S.C. 201 note; Public Law 114–94) 

2 $300,000,000 for each of fiscal years 2021 

3 through 2025. 

4 (c) RESEARCH, TECHNOLOGY, AND EDUCATION AU5 THORIZATIONS.— 

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

7 authorized to be appropriated out of the Highway 

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

9 (A) HIGHWAY RESEARCH AND DEVELOP10 MENT PROGRAM.—To carry out section 503(b) of 

11 title 23, United States Code, $153,431,378 for 

12 each of fiscal years 2021 through 2025. 

13 (B) TECHNOLOGY AND INNOVATION DEPLOY14 MENT PROGRAM.—To carry out section 503(c) of 

15 title 23, United States Code, $135,000,000 for 

16 each of fiscal years 2021 through 2025. 

17 (C) TRAINING AND EDUCATION.—To carry 

18 out section 504 of title 23, United States Code— 

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

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

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

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

23 and 

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


lotter on DSKBCFDHB2PROD with BILLS
483 

•S 2302 RS

1 (D) INTELLIGENT TRANSPORTATION SYS2 TEMS PROGRAM.—To carry out sections 512 

3 through 518 of title 23, United States Code, 

4 $110,000,000 for each of fiscal years 2021 

5 through 2025. 

6 (E) UNIVERSITY TRANSPORTATION CENTERS

7 PROGRAM.—To carry out section 5505 of title 49, 

8 United States Code— 

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

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

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

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

13 and 

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

15 (F) BUREAU OF TRANSPORTATION STATIS16 TICS.—To carry out chapter 63 of title 49, 

17 United States Code, $26,000,000 for each of fis18 cal years 2021 through 2025. 

19 (2) ADMINISTRATION.—The Federal Highway 

20 Administration shall— 

21 (A) administer the programs described in 

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

23 (1); and 


lotter on DSKBCFDHB2PROD with BILLS
484 

•S 2302 RS

1 (B) in consultation with relevant modal ad2 ministrations, administer the programs described 

3 in paragraph (1)(D). 

4 (3) APPLICABILITY OF TITLE 23, UNITED STATES

5 CODE.—Amounts authorized to be appropriated by 

6 paragraph (1) shall— 

7 (A) be available for obligation in the same 

8 manner as if those funds were apportioned under 

9 chapter 1 of title 23, United States Code, except 

10 that the Federal share of the cost of a project or 

11 activity carried out using those funds shall be 80 

12 percent, unless otherwise expressly provided by 

13 this Act (including the amendments by this Act) 

14 or otherwise determined by the Secretary; and 

15 (B) remain available until expended and 

16 not be transferable, except as otherwise provided 

17 by this Act. 

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

19 authorized to be appropriated out of the Highway Trust 

20 Fund (other than the Mass Transit Account): 

21 (1) WILDLIFE CROSSINGS PILOT PROGRAM.—For 

22 the wildlife crossings pilot program under section 174 

23 of title 23, United States Code— 

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

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


lotter on DSKBCFDHB2PROD with BILLS
485 

•S 2302 RS

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

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

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

4 (2) PRIORITIZATION PROCESS PILOT PRO5 GRAM.— 

6 (A) IN GENERAL.—For the prioritization 

7 process pilot program under section 1205, 

8 $10,000,000 for each of fiscal years 2021 through 

9 2025. 

10 (B) TREATMENT.—Amounts made available 

11 under subparagraph (A) shall be available for 

12 obligation in the same manner as if those 

13 amounts were apportioned under chapter 1 of 

14 title 23, United States Code. 

15 (3) DISASTER RELIEF MOBILIZATION PILOT PRO16 GRAM.— 

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

18 mobilization pilot program under section 1505, 

19 $1,000,000 for each of fiscal years 2021 through 

20 2025. 

21 (B) TREATMENT.—Amounts made available 

22 under subparagraph (A) shall be available for 

23 obligation in the same manner as if those 

24 amounts were apportioned under chapter 1 of 


lotter on DSKBCFDHB2PROD with BILLS
486 

•S 2302 RS

1 title 23, United States Code, except that those 

2 amounts shall remain available until expended. 

3 (4) COMMUNITY CONNECTIVITY PILOT PRO4 GRAM.— 

5 (A) PLANNING GRANTS.—For planning 

6 grants under the community connectivity pilot 

7 program under section 1508(c)— 

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

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

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

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

12 and 

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

14 (B) CAPITAL CONSTRUCTION GRANTS.—For 

15 capital construction grants under the community 

16 connectivity pilot program under section 

17 1508(d), $14,000,000 for each of fiscal years 

18 2021 through 2025. 

19 (C) TREATMENT.—Amounts made available 

20 under subparagraph (A) or (B) shall be available 

21 for obligation in the same manner as if those 

22 amounts were apportioned under chapter 1 of 

23 title 23, United States Code, except that those 

24 amounts shall remain available until expended. 


lotter on DSKBCFDHB2PROD with BILLS
487 

•S 2302 RS

1 (5) OPEN CHALLENGE AND RESEARCH INITIA2 TIVE PILOT PROGRAM.— 

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

4 and research proposal pilot program under sec5 tion 3005(e), $15,000,000 for each of fiscal years 

6 2021 through 2025. 

7 (B) TREATMENT.—Amounts made available 

8 under subparagraph (A) shall be available for 

9 obligation and administered as if apportioned 

10 under chapter 1 of title 23, United States Code. 

11 (e) DISADVANTAGED BUSINESS ENTERPRISES.— 

12 (1) FINDINGS.—Congress finds that— 

13 (A) while significant progress has occurred 

14 due to the establishment of the disadvantaged 

15 business enterprise program, discrimination and 

16 related barriers continue to pose significant ob17 stacles for minority- and women-owned busi18 nesses seeking to do business in Federally as19 sisted surface transportation markets across the 

20 United States; 

21 (B) the continuing barriers described in 

22 subparagraph (A) merit the continuation of the 

23 disadvantaged business enterprise program; 

24 (C) Congress has received and reviewed tes25 timony and documentation of race and gender 


lotter on DSKBCFDHB2PROD with BILLS
488 

•S 2302 RS

1 discrimination from numerous sources, including 

2 congressional hearings and roundtables, scientific 

3 reports, reports issued by public and private 

4 agencies, news stories, reports of discrimination 

5 by organizations and individuals, and discrimi6 nation lawsuits, which show that race- and gen7 der-neutral efforts alone are insufficient to ad8 dress the problem; 

9 (D) the testimony and documentation de10 scribed in subparagraph (C) demonstrate that 

11 discrimination across the United States poses a 

12 barrier to full and fair participation in surface 

13 transportation-related businesses of women busi14 ness owners and minority business owners and 

15 has impacted firm development and many as16 pects of surface transportation-related business 

17 in the public and private markets; and 

18 (E) the testimony and documentation de19 scribed in subparagraph (C) provide a strong 

20 basis that there is a compelling need for the con21 tinuation of the disadvantaged business enter22 prise program to address race and gender dis23 crimination in surface transportation-related 

24 business. 

25 (2) DEFINITIONS.—In this subsection: 


lotter on DSKBCFDHB2PROD with BILLS
489 

•S 2302 RS

1 (A) SMALL BUSINESS CONCERN.— 

2 (i) IN GENERAL.—The term ‘‘small 

3 business concern’’ means a small business 

4 concern (as the term is used in section 3 of 

5 the Small Business Act (15 U.S.C. 632)). 

6 (ii) EXCLUSIONS.—The term ‘‘small 

7 business concern’’ does not include any con8 cern or group of concerns controlled by the 

9 same socially and economically disadvan10 taged individual or individuals that have 

11 average annual gross receipts during the 

12 preceding 3 fiscal years in excess of 

13 $25,790,000, as adjusted annually by the 

14 Secretary for inflation. 

15 (B) SOCIALLY AND ECONOMICALLY DIS16 ADVANTAGED INDIVIDUALS.—The term ‘‘socially 

17 and economically disadvantaged individuals’’ 

18 has the meaning given the term in section 8(d) 

19 of the Small Business Act (15 U.S.C. 637(d)) 

20 and relevant subcontracting regulations issued 

21 pursuant to that Act, except that women shall be 

22 presumed to be socially and economically dis23 advantaged individuals for purposes of this sub24 section. 


lotter on DSKBCFDHB2PROD with BILLS
490 

•S 2302 RS

1 (3) AMOUNTS FOR SMALL BUSINESS CON2 CERNS.—Except to the extent that the Secretary deter3 mines otherwise, not less than 10 percent of the 

4 amounts made available for any program under this 

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

6 shall be expended through small business concerns 

7 owned and controlled by socially and economically 

8 disadvantaged individuals. 

9 (4) ANNUAL LISTING OF DISADVANTAGED BUSI10 NESS ENTERPRISES.—Each State shall annually— 

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

12 business concerns referred to in paragraph (3) in 

13 the State, including the location of the small 

14 business concerns in the State; and 

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

16 percentage of the small business concerns that 

17 are controlled by— 

18 (i) women; 

19 (ii) socially and economically dis20 advantaged individuals (other than 

21 women); and 

22 (iii) individuals who are women and 

23 are otherwise socially and economically dis24 advantaged individuals. 

25 (5) UNIFORM CERTIFICATION.— 


lotter on DSKBCFDHB2PROD with BILLS
491 

•S 2302 RS

1 (A) IN GENERAL.—The Secretary shall es2 tablish minimum uniform criteria for use by 

3 State governments in certifying whether a con4 cern qualifies as a small business concern for the 

5 purpose of this subsection. 

6 (B) INCLUSIONS.—The minimum uniform 

7 criteria established under subparagraph (A) shall 

8 include, with respect to a potential small busi9 ness concern— 

10 (i) on-site visits; 

11 (ii) personal interviews with personnel; 

12 (iii) issuance or inspection of licenses; 

13 (iv) analyses of stock ownership; 

14 (v) listings of equipment; 

15 (vi) analyses of bonding capacity; 

16 (vii) listings of work completed; 

17 (viii) examination of the resumes of 

18 principal owners; 

19 (ix) analyses of financial capacity; 

20 and 

21 (x) analyses of the type of work pre22 ferred. 

23 (6) REPORTING.—The Secretary shall establish 

24 minimum requirements for use by State governments 

25 in reporting to the Secretary— 


lotter on DSKBCFDHB2PROD with BILLS
492 

•S 2302 RS

1 (A) information concerning disadvantaged 

2 business enterprise awards, commitments, and 

3 achievements; and 

4 (B) such other information as the Secretary 

5 determines to be appropriate for the proper mon6 itoring of the disadvantaged business enterprise 

7 program. 

8 (7) COMPLIANCE WITH COURT ORDERS.—Noth9 ing in this subsection limits the eligibility of an indi10 vidual or entity to receive funds made available 

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

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

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

14 because a Federal court issues a final order in which 

15 the court finds that a requirement or the implementa16 tion of paragraph (3) is unconstitutional. 

17 (8) SENSE OF CONGRESS ON PROMPT PAYMENT

18 OF DBE SUBCONTRACTORS.—It is the sense of Con19 gress that— 

20 (A) the Secretary should take additional 

21 steps to ensure that recipients comply with sec22 tion 26.29 of title 49, Code of Federal Regula23 tions (the disadvantaged business enterprises 

24 prompt payment rule), or any corresponding 

25 regulation, in awarding Federally funded transVerDate Sep 11 2014 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00492 Fmt 6652 Sfmt 6203 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
493 

•S 2302 RS

1 portation contracts under laws and regulations 

2 administered by the Secretary; and 

3 (B) such additional steps should include in4 creasing the ability of the Department to track 

5 and keep records of complaints and to make that 

6 information publicly available. 

7 SEC. 1102. OBLIGATION CEILING. 

8 (a) GENERAL LIMITATION.—Subject to subsection (e), 

9 and notwithstanding any other provision of law, the obliga10 tions for Federal-aid highway and highway safety construc11 tion programs shall not exceed— 

12 (1) $54,388,462,378 for fiscal year 2021; 

13 (2) $55,483,447,378 for fiscal year 2022; 

14 (3) $56,666,082,378 for fiscal year 2023; 

15 (4) $57,930,317,378 for fiscal year 2024; and 

16 (5) $59,103,552,378 for fiscal year 2025. 

17 (b) EXCEPTIONS.—The limitations under subsection 

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

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

20 (2) section 147 of the Surface Transportation As21 sistance Act of 1978 (23 U.S.C. 144 note; 92 Stat. 

22 2714); 

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

24 1981 (95 Stat. 1701); 


lotter on DSKBCFDHB2PROD with BILLS
494 

•S 2302 RS

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

2 Surface Transportation Assistance Act of 1982 (96 

3 Stat. 2119); 

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

5 Surface Transportation and Uniform Relocation As6 sistance Act of 1987 (101 Stat. 198); 

7 (6) sections 1103 through 1108 of the Intermodal 

8 Surface Transportation Efficiency Act of 1991 (105 

9 Stat. 2027); 

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

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

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

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

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

15 those fiscal years); 

16 (9) Federal-aid highway programs for which ob17 ligation authority was made available under the 

18 Transportation Equity Act for the 21st Century (112 

19 Stat. 107) or subsequent Acts for multiple years or to 

20 remain available until expended, but only to the ex21 tent that the obligation authority has not lapsed or 

22 been used; 

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

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


lotter on DSKBCFDHB2PROD with BILLS
495 

•S 2302 RS

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

2 those fiscal years); 

3 (11) section 1603 of SAFETEA–LU (23 U.S.C. 

4 118 note; 119 Stat. 1248), to the extent that funds ob5 ligated in accordance with that section were not sub6 ject to a limitation on obligations at the time at 

7 which the funds were initially made available for ob8 ligation; 

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

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

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

12 those fiscal years); 

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

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

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

16 those fiscal years); and 

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

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

19 amount equal to $639,000,000 for each of those fiscal 

20 years). 

21 (c) DISTRIBUTION OF OBLIGATION AUTHORITY.—For 

22 each of fiscal years 2021 through 2025, the Secretary— 

23 (1) shall not distribute obligation authority pro24 vided by subsection (a) for the fiscal year for— 


lotter on DSKBCFDHB2PROD with BILLS
496 

•S 2302 RS

1 (A) amounts authorized for administrative 

2 expenses and programs by section 104(a) of title 

3 23, United States Code; and 

4 (B) amounts authorized for the Bureau of 

5 Transportation Statistics; 

6 (2) shall not distribute an amount of obligation 

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

8 the unobligated balance of amounts— 

9 (A) made available from the Highway Trust 

10 Fund (other than the Mass Transit Account) for 

11 Federal-aid highway and highway safety con12 struction programs for previous fiscal years the 

13 funds for which are allocated by the Secretary 

14 (or apportioned by the Secretary under section 

15 172, 177, 179(c), 202, or 204 of title 23, United 

16 States Code); and 

17 (B) for which obligation authority was pro18 vided in a previous fiscal year; 

19 (3) shall determine the proportion that— 

20 (A) the obligation authority provided by 

21 subsection (a) for the fiscal year, less the aggre22 gate of amounts not distributed under para23 graphs (1) and (2) of this subsection; bears to 

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

25 appropriated for the Federal-aid highway and 


lotter on DSKBCFDHB2PROD with BILLS
497 

•S 2302 RS

1 highway safety construction programs (other 

2 than sums authorized to be appropriated for pro3 visions of law described in paragraphs (1) 

4 through (13) of subsection (b) and sums author5 ized to be appropriated for section 119 of title 

6 23, United States Code, equal to the amount re7 ferred to in subsection (b)(14) for the fiscal 

8 year), less the aggregate of the amounts not dis9 tributed under paragraphs (1) and (2) of this 

10 subsection; 

11 (4) shall distribute the obligation authority pro12 vided by subsection (a), less the aggregate amounts 

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

14 each of the programs (other than programs to which 

15 paragraph (1) applies) that are allocated by the Sec16 retary under this Act and title 23, United States 

17 Code, or apportioned by the Secretary under section 

18 172, 177, 179(c), 202, or 204 of that title, by multi19 plying— 

20 (A) the proportion determined under para21 graph (3); by 

22 (B) the amounts authorized to be appro23 priated for each such program for the fiscal year; 

24 and 


lotter on DSKBCFDHB2PROD with BILLS
498 

•S 2302 RS

1 (5) shall distribute the obligation authority pro2 vided by subsection (a), less the aggregate amounts 

3 not distributed under paragraphs (1) and (2) and the 

4 amounts distributed under paragraph (4), for Fed5 eral-aid highway and highway safety construction 

6 programs that are apportioned by the Secretary 

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

8 amounts apportioned for the national highway per9 formance program in section 119 of title 23, United 

10 States Code, that are exempt from the limitation 

11 under subsection (b)(14) and the amounts appor12 tioned under sections 172, 177, 179(c), 202, and 204 

13 of that title) in the proportion that— 

14 (A) amounts authorized to be appropriated 

15 for the programs that are apportioned under title 

16 23, United States Code, to each State for the fis17 cal year; bears to 

18 (B) the total of the amounts authorized to 

19 be appropriated for the programs that are ap20 portioned under title 23, United States Code, to 

21 all States for the fiscal year. 

22 (d) REDISTRIBUTION OF UNUSED OBLIGATION AU23 THORITY.—Notwithstanding subsection (c), the Secretary 

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

25 2025— 


lotter on DSKBCFDHB2PROD with BILLS
499 

•S 2302 RS

1 (1) revise a distribution of the obligation author2 ity made available under subsection (c) if an amount 

3 distributed cannot be obligated during that fiscal 

4 year; and 

5 (2) redistribute sufficient amounts to those States 

6 able to obligate amounts in addition to those pre7 viously distributed during that fiscal year, giving pri8 ority to those States having large unobligated bal9 ances of funds apportioned under sections 144 (as in 

10 effect on the day before the date of enactment of 

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

12 104 of title 23, United States Code. 

13 (e) APPLICABILITY OF OBLIGATION LIMITATIONS TO

14 TRANSPORTATION RESEARCH PROGRAMS.— 

15 (1) IN GENERAL.—Except as provided in para16 graph (2), obligation limitations imposed by sub17 section (a) shall apply to contract authority for trans18 portation research programs carried out under chap19 ter 5 of title 23, United States Code. 

20 (2) EXCEPTION.—Obligation authority made 

21 available under paragraph (1) shall— 

22 (A) remain available for a period of 4 fiscal 

23 years; and 

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

25 limitation imposed on obligations for FederalVerDate Sep 11 2014 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00499 Fmt 6652 Sfmt 6203 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
500 

•S 2302 RS

1 aid highway and highway safety construction 

2 programs for future fiscal years. 

3 (f) REDISTRIBUTION OF CERTAIN AUTHORIZED

4 FUNDS.— 

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

6 the date of distribution of obligation authority under 

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

8 2025, the Secretary shall distribute to the States any 

9 funds (excluding funds authorized for the program 

10 under section 202 of title 23, United States Code) 

11 that— 

12 (A) are authorized to be appropriated for 

13 the fiscal year for Federal-aid highway pro14 grams; and 

15 (B) the Secretary determines will not be al16 located to the States (or will not be apportioned 

17 to the States under sections 172, 177, 179(c), 

18 and 204 of title 23, United States Code), and 

19 will not be available for obligation, for the fiscal 

20 year because of the imposition of any obligation 

21 limitation for the fiscal year. 

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

23 paragraph (1) in the same proportion as the distribu24 tion of obligation authority under subsection (c)(5). 


lotter on DSKBCFDHB2PROD with BILLS
501 

•S 2302 RS

1 (3) AVAILABILITY.—Funds distributed to each 

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

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

4 States Code. 

5 SEC. 1103. DEFINITIONS. 

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

7 amended— 

8 (1) in paragraph (4)— 

9 (A) in subparagraph (A), by inserting ‘‘as10 sessing resilience,’’ after ‘‘surveying,’’; 

11 (B) in subparagraph (G), by striking ‘‘and’’ 

12 at the end; 

13 (C) by redesignating subparagraph (H) as 

14 subparagraph (I); and 

15 (D) by inserting after subparagraph (G) the 

16 following: 

17 ‘‘(H) improvements that reduce the number 

18 of wildlife-vehicle collisions, such as wildlife 

19 crossing structures; and’’; 

20 (2) by redesignating paragraphs (17) through 

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

22 (25), (26), (27), (28), (29), (30), (31), (32), (33), (34), 

23 (35), and (36), respectively; 

24 (3) by inserting after paragraph (16) the fol25 lowing: 


lotter on DSKBCFDHB2PROD with BILLS
502 

•S 2302 RS

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

2 ‘natural infrastructure’ means infrastructure that 

3 uses, restores, or emulates natural ecological processes 

4 and— 

5 ‘‘(A) is created through the action of nat6 ural physical, geological, biological, and chem7 ical processes over time; 

8 ‘‘(B) is created by human design, engineer9 ing, and construction to emulate or act in con10 cert with natural processes; or 

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

12 other natural features, including through the cre13 ation, restoration, or preservation of vegetated 

14 areas using materials appropriate to the region 

15 to manage stormwater and runoff, to attenuate 

16 flooding and storm surges, and for other related 

17 purposes.’’; 

18 (4) by inserting after paragraph (23) (as so re19 designated) the following: 

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

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

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

23 withstand, respond to, or recover rapidly from dis24 ruptions, including the ability— 


lotter on DSKBCFDHB2PROD with BILLS
503 

•S 2302 RS

1 ‘‘(A)(i) to resist hazards or withstand im2 pacts from weather events and natural disasters; 

3 or 

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

5 impact of a disruptive weather event or natural 

6 disaster to a project; and 

7 ‘‘(B) to have the absorptive capacity, adapt8 ive capacity, and recoverability to decrease 

9 project vulnerability to weather events or other 

10 natural disasters.’’; and 

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

12 so redesignated)— 

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

14 inserting ‘‘; and’’; 

15 (B) by striking ‘‘through the implementa16 tion’’ and inserting the following: ‘‘through— 

17 ‘‘(i) the implementation’’; and 

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

19 ‘‘(ii) the consideration of incorporating 

20 natural infrastructure.’’. 

21 SEC. 1104. APPORTIONMENT. 

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

23 title 23, United States Code, is amended by striking para24 graph (1) and inserting the following: 


lotter on DSKBCFDHB2PROD with BILLS
504 

•S 2302 RS

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

2 appropriated from the Highway Trust Fund (other 

3 than the Mass Transit Account) to be made available 

4 to the Secretary for administrative expenses of the 

5 Federal Highway Administration— 

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

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

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

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

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

11 (b) NATIONAL HIGHWAY FREIGHT PROGRAM.—Sec12 tion 104(b)(5) of title 23, United States Code, is amended 

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

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

15 set aside for the national highway freight pro16 gram for all States shall be— 

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

18 2021; 

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

20 2022; 

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

22 2023; 

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

24 2024; and 


lotter on DSKBCFDHB2PROD with BILLS
505 

•S 2302 RS

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

2 2025.’’. 

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

4 title 23, United States Code, is amended— 

5 (1) in paragraph (1)— 

6 (A) in the matter preceding subparagraph 

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

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

9 and each fiscal year thereafter’’; 

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

11 ‘‘fiscal year 2015’’ and inserting ‘‘fiscal year 

12 2020’’; and 

13 (C) by striking subparagraph (B) and in14 serting the following: 

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

16 amounts resulting from the calculation under 

17 subparagraph (A) shall be adjusted to ensure 

18 that each State receives an aggregate apportion19 ment that is— 

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

21 estimated tax payments paid into the High22 way Trust Fund (other than the Mass 

23 Transit Account) in the most recent fiscal 

24 year for which data are available that 

25 are— 


lotter on DSKBCFDHB2PROD with BILLS
506 

•S 2302 RS

1 ‘‘(I) attributable to highway users 

2 in the State; and 

3 ‘‘(II) associated with taxes in ef4 fect on July 1, 2019, and only up to 

5 the rate those taxes were in effect on 

6 that date; 

7 ‘‘(ii) at least 2 percent greater than the 

8 apportionment that the State received for 

9 fiscal year 2020; and 

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

11 the apportionment that the State received 

12 for the previous fiscal year.’’; and 

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

14 2016 through 2020’’ and inserting ‘‘fiscal year 2021 

15 and each fiscal year thereafter’’. 

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

17 23, United States Code, is amended— 

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

19 (A) and inserting the following: 

20 ‘‘(A) AMOUNT.—Before making an appor21 tionment for a fiscal year under subsection (c), 

22 the Secretary shall reserve for the national high23 way performance program under section 119 for 

24 that fiscal year an amount equal to— 


lotter on DSKBCFDHB2PROD with BILLS
507 

•S 2302 RS

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

2 2021; 

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

4 2022; 

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

6 2023; 

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

8 2024; and 

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

10 2025.’’; and 

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

12 (A) and inserting the following: 

13 ‘‘(A) AMOUNT.—Before making an appor14 tionment for a fiscal year under subsection (c), 

15 the Secretary shall reserve for the surface trans16 portation block grant program under section 133 

17 for that fiscal year, pursuant to section 133(h)— 

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

19 2021; 

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

21 2022; 

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

23 2023; 

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

25 2024; and 


lotter on DSKBCFDHB2PROD with BILLS
508 

•S 2302 RS

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

2 2025.’’. 

3 SEC. 1105. NATIONAL HIGHWAY PERFORMANCE PROGRAM. 

4 Section 119 of title 23, United States Code, is amend5 ed— 

6 (1) in subsection (b)— 

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

8 the end; 

9 (B) in paragraph (3), by striking the period 

10 at the end and inserting ‘‘; and’’; and 

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

12 ‘‘(4) to provide support for measures to increase 

13 the resiliency of Federal-aid highways and bridges on 

14 and off the National Highway System to mitigate the 

15 impacts of sea level rise, extreme weather events, 

16 flooding, or other natural disasters.’’; and 

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

18 ‘‘(k) PROTECTIVE FEATURES.— 

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

20 than 15 percent of the funds apportioned to the State 

21 under section 104(b)(1) for each fiscal year for 1 or 

22 more protective features on a Federal-aid highway or 

23 bridge off the National Highway System, if the pro24 tective feature is designed to mitigate the risk of re25 curring damage, or the cost of future repairs, from exVerDate Sep 11 2014 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00508 Fmt 6652 Sfmt 6203 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
509 

•S 2302 RS

1 treme weather events, flooding, or other natural disas2 ters. 

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

4 protective feature referred to in paragraph (1) may 

5 include— 

6 ‘‘(A) raising roadway grades; 

7 ‘‘(B) relocating roadways in a base flood8 plain to higher ground above projected flood ele9 vation levels or away from slide prone areas; 

10 ‘‘(C) stabilizing slide areas; 

11 ‘‘(D) stabilizing slopes; 

12 ‘‘(E) installing riprap; 

13 ‘‘(F) lengthening or raising bridges to in14 crease waterway openings; 

15 ‘‘(G) deepening channels to prevent flood16 ing; 

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

18 drainage structures; 

19 ‘‘(I) replacing culverts with bridges or 

20 upsizing culverts; 

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

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

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


lotter on DSKBCFDHB2PROD with BILLS
510 

•S 2302 RS

1 ‘‘(M) adding scour, stream stability, coastal, 

2 or other hydraulic countermeasures, including 

3 spur dikes; 

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

5 mitigate the risk of recurring damage or the cost 

6 of future repair from extreme weather events, 

7 flooding, or other natural disasters; and 

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

9 risk of recurring damage or the cost of future re10 pair as a result of extreme weather events, flood11 ing, or other natural disasters, as determined by 

12 the Secretary. 

13 ‘‘(3) SAVINGS PROVISION.—Nothing in this sub14 section limits the ability of a State to carry out a 

15 project otherwise eligible under subsection (d) using 

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

17 SEC. 1106. EMERGENCY RELIEF. 

18 Section 125 of title 23, United States Code, is amend19 ed— 

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

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

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

23 following: 

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

25 this section shall not be used for the repair or reconstruction 


lotter on DSKBCFDHB2PROD with BILLS
511 

•S 2302 RS

1 of a bridge that has been permanently closed to all vehicular 

2 traffic by the Federal, State, Tribal, or responsible local of3 ficial because of imminent danger of collapse due to a struc4 tural deficiency or physical deterioration.’’; and 

5 (3) in subsection (d)— 

6 (A) in paragraph (2)(A)— 

7 (i) by striking the period at the end 

8 and inserting ‘‘; and’’ 

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

10 the current’’ and inserting the following: ‘‘a 

11 facility that— 

12 ‘‘(i) meets the current’’; and 

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

15 ‘‘(ii) incorporates economically justifi16 able improvements designed to mitigate the 

17 risk of recurring damage from extreme 

18 weather events, flooding, or other natural 

19 disasters.’’; 

20 (B) by redesignating paragraphs (3) 

21 through (5) as paragraphs (4) through (6), re22 spectively; and 

23 (C) by inserting after paragraph (2) the fol24 lowing: 

25 ‘‘(3) PROTECTIVE FEATURES.— 


lotter on DSKBCFDHB2PROD with BILLS
512 

•S 2302 RS

1 ‘‘(A) IN GENERAL.—The cost of an improve2 ment that is part of a project under this section 

3 shall be an eligible expense under this section if 

4 the improvement is a protective feature that is 

5 designed to mitigate the risk of recurring dam6 age, or the cost of future repair, from extreme 

7 weather events, flooding, or other natural disas8 ters. 

9 ‘‘(B) PROTECTIVE FEATURES DESCRIBED.— 

10 A protective feature referred to in subparagraph 

11 (A) may include— 

12 ‘‘(i) raising roadway grades; 

13 ‘‘(ii) relocating roadways in a base 

14 floodplain to higher ground above projected 

15 flood elevation levels or away from slide 

16 prone areas; 

17 ‘‘(iii) stabilizing slide areas; 

18 ‘‘(iv) stabilizing slopes; 

19 ‘‘(v) installing riprap; 

20 ‘‘(vi) lengthening or raising bridges to 

21 increase waterway openings; 

22 ‘‘(vii) deepening channels to prevent 

23 flooding; 

24 ‘‘(viii) increasing the size or number of 

25 drainage structures; 


lotter on DSKBCFDHB2PROD with BILLS
513 

•S 2302 RS

1 ‘‘(ix) replacing culverts with bridges or 

2 upsizing culverts; 

3 ‘‘(x) repairing or maintaining tide 

4 gates; 

5 ‘‘(xi) installing seismic retrofits on 

6 bridges; 

7 ‘‘(xii) adding scour protection at 

8 bridges; 

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

10 coastal, and other hydraulic counter11 measures, including spur dikes; 

12 ‘‘(xiv) the use of natural infrastructure 

13 to mitigate the risk of recurring damage or 

14 the cost of future repair from extreme 

15 weather events, flooding, or other natural 

16 disasters; and 

17 ‘‘(xv) any other features that mitigate 

18 the risk of recurring damage or the cost of 

19 future repair as a result of extreme weather 

20 events, flooding, or other natural disasters, 

21 as determined by the Secretary.’’. 

22 SEC. 1107. FEDERAL SHARE PAYABLE. 

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

24 amended by adding at the end the following: 

25 ‘‘(4) PROTECTIVE FEATURES.— 


lotter on DSKBCFDHB2PROD with BILLS
514 

•S 2302 RS

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

2 other provision of law, the Federal share payable 

3 for the cost of a protective feature on a Federal4 aid highway or bridge project under this title 

5 may be up to 100 percent, at the discretion of 

6 the State, if the protective feature is an improve7 ment designed to mitigate the risk of recurring 

8 damage, or the cost of future repair, from ex9 treme weather events, flooding, or other natural 

10 disasters. 

11 ‘‘(B) PROTECTIVE FEATURES DESCRIBED.— 

12 A protective feature referred to in subparagraph 

13 (A) may include— 

14 ‘‘(i) raising roadway grades; 

15 ‘‘(ii) relocating roadways in a base 

16 floodplain to higher ground above projected 

17 flood elevation levels or away from slide 

18 prone areas; 

19 ‘‘(iii) stabilizing slide areas; 

20 ‘‘(iv) stabilizing slopes; 

21 ‘‘(v) installing riprap; 

22 ‘‘(vi) lengthening or raising bridges to 

23 increase waterway openings; 

24 ‘‘(vii) deepening channels to prevent 

25 flooding; 


lotter on DSKBCFDHB2PROD with BILLS
515 

•S 2302 RS

1 ‘‘(viii) increasing the size or number of 

2 drainage structures; 

3 ‘‘(ix) replacing culverts with bridges or 

4 upsizing culverts; 

5 ‘‘(x) repairing or maintaining tide 

6 gates; 

7 ‘‘(xi) installing seismic retrofits on 

8 bridges; 

9 ‘‘(xii) adding scour protection at 

10 bridges; 

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

12 coastal, and other hydraulic counter13 measures, including spur dikes; 

14 ‘‘(xiv) the use of natural infrastructure 

15 to mitigate the risk of recurring damage or 

16 the cost of future repair from extreme 

17 weather events, flooding, or other natural 

18 disasters; and 

19 ‘‘(xv) any other features that mitigate 

20 the risk of recurring damage or the cost of 

21 future repair as a result of extreme weather 

22 events, flooding, or other natural disasters, 

23 as determined by the Secretary.’’. 


lotter on DSKBCFDHB2PROD with BILLS
516 

•S 2302 RS

1 SEC. 1108. RAILWAY-HIGHWAY GRADE CROSSINGS. 

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

3 States Code, is amended— 

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

5 DEVICES’’ and inserting ‘‘RAILWAY-HIGHWAY GRADE

6 CROSSINGS’’; and 

7 (2) in paragraph (1)— 

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

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

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

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

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

13 $245,000,000 for each of fiscal years 2021 

14 through 2025.’’; and 

15 (B) by striking subparagraph (B) and in16 serting the following: 

17 ‘‘(B) REDUCING TRESPASSING FATALITIES

18 AND INJURIES.—A State may use funds set aside 

19 under subparagraph (A) for projects to reduce 

20 pedestrian fatalities and injuries from tres21 passing at grade crossings.’’. 

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

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

24 and inserting ‘‘100 percent’’. 

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

26 of enactment of this Act, the Comptroller General of the 


lotter on DSKBCFDHB2PROD with BILLS
517 

•S 2302 RS

1 United States shall submit to Congress a report that in2 cludes an analysis of the effectiveness of the railway-high3 way crossings program under section 130 of title 23, United 

4 States Code. 

5 (d) SENSE OF CONGRESS RELATING TO TRESPASSER

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

7 sense of Congress that the Department should, where fea8 sible, coordinate departmental efforts to prevent or reduce 

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

10 near railway-highway crossings. 

11 SEC. 1109. SURFACE TRANSPORTATION BLOCK GRANT PRO12 GRAM. 

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

14 States Code, is amended— 

15 (1) in subsection (b)— 

16 (A) in paragraph (1)— 

17 (i) in subparagraph (B)— 

18 (I) by adding ‘‘or’’ at the end; 

19 (II) by striking ‘‘facilities eligi20 ble’’ and inserting the following: ‘‘fa21 cilities— 

22 ‘‘(i) that are eligible’’; and 

23 (III) by adding at the end the fol24 lowing: 


lotter on DSKBCFDHB2PROD with BILLS
518 

•S 2302 RS

1 ‘‘(ii) that are privately or majority2 privately owned, but that the Secretary de3 termines provide a substantial public trans4 portation benefit or otherwise meet the fore5 most needs of the surface transportation sys6 tem described in section 101(b)(3)(D);’’; 

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

8 ‘‘and’’ at the end; 

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

10 the period at the end and inserting ‘‘; and’’; 

11 and 

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

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

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

15 ‘‘148(a)(4)(B)(xvii),’’ after ‘‘119(g),’’; 

16 (C) by redesignating paragraphs (4) 

17 through (15) as paragraphs (5), (6), (7), (8), (9), 

18 (10), (11), (12), (13), (15), (16), and (17), re19 spectively; 

20 (D) by inserting after paragraph (3) the fol21 lowing: 

22 ‘‘(4) Projects that use natural infrastructure 

23 alone or in combination with other eligible projects to 

24 enhance resilience of a transportation facility other25 wise eligible for assistance under this section.’’; 


lotter on DSKBCFDHB2PROD with BILLS
519 

•S 2302 RS

1 (E) by inserting after paragraph (13) (as so 

2 redesignated) the following: 

3 ‘‘(14) Projects and strategies designed to reduce 

4 the number of wildlife-vehicle collisions, including 

5 project-related planning, design, construction, moni6 toring, and preventative maintenance.’’; and 

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

8 ‘‘(18) Rural barge landing, dock, and waterfront 

9 infrastructure projects in accordance with subsection 

10 (j).’’; 

11 (2) in subsection (c)— 

12 (A) in paragraph (2), by striking ‘‘para13 graphs (4) through (11)’’ and inserting ‘‘para14 graphs (5) through (12) and paragraph (18)’’; 

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

16 the end; 

17 (C) by redesignating paragraph (4) as 

18 paragraph (5); and 

19 (D) by inserting after paragraph (3) the fol20 lowing: 

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

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

23 with a bridge; and’’; 

24 (3) in subsection (d)— 


lotter on DSKBCFDHB2PROD with BILLS
520 

•S 2302 RS

1 (A) in paragraph (1)(A), in the matter pre2 ceding clause (i), by striking ‘‘the percentage 

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

4 inserting ‘‘55 percent for each of fiscal years 

5 2021 through 2025’’; and 

6 (B) by striking paragraph (6); 

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

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

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

10 through 2025’’; 

11 (5) in subsection (f)— 

12 (A) in paragraph (1)— 

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

14 (as defined by the Secretary)’’ after ‘‘a high15 way bridge’’; and 

16 (ii) by inserting ‘‘or low water crossing 

17 (as defined by the Secretary)’’ after ‘‘other 

18 than a bridge’’; 

19 (B) in paragraph (2)(A), by striking ‘‘ac20 tivities described in subsection (b)(2) for off-sys21 tem bridges’’ and inserting ‘‘activities described 

22 in paragraphs (1)(A) and (10) of subsection (b) 

23 for off-system bridges, projects and activities de24 scribed in subsection (b)(1)(A) for the replace25 ment of low water crossings with bridges, and 


lotter on DSKBCFDHB2PROD with BILLS
521 

•S 2302 RS

1 projects and activities described in subsection 

2 (b)(10) for low water crossings (as defined by the 

3 Secretary),’’; and 

4 (C) in paragraph (3), in the matter pre5 ceding subparagraph (A)— 

6 (i) by striking ‘‘bridge or rehabilita7 tion of a bridge’’ and inserting ‘‘bridge, re8 habilitation of a bridge, or replacement of a 

9 low water crossing (as defined by the Sec10 retary) with a bridge’’; and 

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

12 replacement of a low water crossing with a 

13 bridge, is determined by the Secretary on 

14 completion to have improved the safety of 

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

16 bridge’’; 

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

18 2016 through 2020’’ and inserting ‘‘fiscal years 2021 

19 through 2025’’; 

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

21 ‘‘(j) RURAL BARGE LANDING, DOCK, AND WATER22 FRONT INFRASTRUCTURE PROJECTS.— 

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

24 than 5 percent of the funds apportioned to the State 

25 under section 104(b)(2) for eligible rural barge landVerDate Sep 11 2014 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00521 Fmt 6652 Sfmt 6203 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
522 

•S 2302 RS

1 ing, dock, and waterfront infrastructure projects de2 scribed in paragraph (2). 

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

4 barge landing, dock, or waterfront infrastructure 

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

6 the planning, designing, engineering, or construction 

7 of a barge landing, dock, or other waterfront infra8 structure in a rural community or a Native village 

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

10 Settlement Act (43 U.S.C. 1602))— 

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

12 ‘‘(B) for which the Secretary determines 

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

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

15 States Code, is amended— 

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

17 and (ii) and inserting the following: 

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

19 2021; 

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

21 2022; 

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

23 2023; 

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

25 2024; and 


lotter on DSKBCFDHB2PROD with BILLS
523 

•S 2302 RS

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

2 2025; and’’; 

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

4 following: 

5 ‘‘(2) ALLOCATION WITHIN A STATE.— 

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

7 subparagraph (B), funds reserved for a State 

8 under paragraph (1) shall be obligated within 

9 that State in the manner described in subsection 

10 (d), except that, for purposes of this paragraph 

11 (after funds are made available under paragraph 

12 (5))— 

13 ‘‘(i) for each fiscal year, the percentage 

14 specified in subsection (d)(1)(A) shall be 

15 deemed to be 57.5 percent; and 

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

17 shall not apply. 

18 ‘‘(B) LOCAL CONTROL.— 

19 ‘‘(i) IN GENERAL.—On approval of a 

20 plan submitted to the Secretary that de21 scribes the manner in which the plan will 

22 maximize local control and the means by 

23 which the State plans to comply with para24 graph (8), the State may allocate up to 100 

25 percent of the funds referred to in subparaVerDate Sep 11 2014 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00523 Fmt 6652 Sfmt 6203 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
524 

•S 2302 RS

1 graph (A)(i) to counties and other local 

2 transportation entities. 

3 ‘‘(ii) REQUIREMENT.—A State that al4 locates funding under clause (i) to counties 

5 and other local transportation entities shall 

6 make available an equivalent amount of ob7 ligation limitation to those counties and 

8 other local transportation entities.’’; 

9 (3) in paragraph (4)(B)— 

10 (A) in clause (vii), by striking ‘‘responsible’’ 

11 and all that follows through ‘‘programs’’; 

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

13 serves an urbanized population of over 200,000’’ 

14 after ‘‘metropolitan planning organization’’; 

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

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

17 (D) by inserting after clause (vi) the fol18 lowing: 

19 ‘‘(vii) a metropolitan planning organi20 zation that serves an urbanized population 

21 of 200,000 or fewer;’’; 

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

23 following: 

24 ‘‘(C) IMPROVING ACCESSIBILITY AND EFFI25 CIENCY.— 


lotter on DSKBCFDHB2PROD with BILLS
525 

•S 2302 RS

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

2 to use an amount equal to not more than 7 

3 percent of the funds reserved for the State 

4 under this subsection, after allocating funds 

5 in accordance with paragraph (2)(A), to 

6 improve the ability of applicants to access 

7 funding for projects under this subsection in 

8 an efficient and expeditious manner by— 

9 ‘‘(I) providing to applicants for 

10 projects under this subsection applica11 tion assistance, technical assistance, 

12 and assistance in reducing the period 

13 of time between the selection of the 

14 project and the obligation of funds for 

15 the project; and 

16 ‘‘(II) providing funding for 1 or 

17 more full-time State employee positions 

18 to administer this subsection. 

19 ‘‘(ii) USE OF FUNDS.—Amounts used 

20 under clause (i) may be expended— 

21 ‘‘(I) directly by the State; or 

22 ‘‘(II) through contracts with State 

23 agencies, private entities, or nonprofit 

24 entities.’’; 


lotter on DSKBCFDHB2PROD with BILLS
526 

•S 2302 RS

1 (5) by redesignating paragraph (7) as para2 graph (8); and 

3 (6) by inserting after paragraph (6) the fol4 lowing: 

5 ‘‘(7) FEDERAL SHARE.— 

6 ‘‘(A) REQUIRED AGGREGATE NON-FEDERAL

7 SHARE.— 

8 ‘‘(i) IN GENERAL.—The average an9 nual non-Federal share of the total cost of 

10 all projects carried out under this subsection 

11 in a State for a fiscal year shall be not less 

12 than the non-Federal share authorized for 

13 the State under section 120(b). 

14 ‘‘(ii) SINGLE PROJECTS.—Subject to 

15 clause (i), the Federal share of the total cost 

16 of a single project carried out under this 

17 subsection may be up to 100 percent. 

18 ‘‘(B) FLEXIBLE FINANCING.—Subject to sub19 paragraph (A), notwithstanding section 120— 

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

21 section 148 may be credited toward the non22 Federal share of the costs of a project type 

23 under this subsection that the Secretary de24 termines to have an expected safety benefit; 

25 and 


lotter on DSKBCFDHB2PROD with BILLS
527 

•S 2302 RS

1 ‘‘(ii) the non-Federal share for a 

2 project under this subsection may be cal3 culated on a project, multiple-project, or 

4 program basis.’’. 

5 SEC. 1110. NATIONALLY SIGNIFICANT FREIGHT AND HIGH6 WAY PROJECTS. 

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

8 States Code, is amended— 

9 (1) in subsection (a)(2)— 

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

11 and across rural and urban areas’’ after ‘‘peo12 ple’’; and 

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

14 including highways that support movement of 

15 energy equipment’’ after ‘‘security’’; 

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

17 following: 

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

19 may— 

20 ‘‘(A) retain not more than a total of 2 per21 cent of the funds made available to carry out 

22 this section for the National Surface Transpor23 tation and Innovative Finance Bureau to review 

24 applications for grants under this section; and 


lotter on DSKBCFDHB2PROD with BILLS
528 

•S 2302 RS

1 ‘‘(B) transfer portions of the funds retained 

2 under subparagraph (A) to the relevant Admin3 istrators to fund the award and oversight of 

4 grants provided under this section.’’; 

5 (3) in subsection (d)— 

6 (A) in paragraph (1)(A)— 

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

8 at the end; 

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

10 the end; and 

11 (iii) by adding at the end the fol12 lowing: 

13 ‘‘(v) a wildlife crossing project; 

14 ‘‘(vi) a surface transportation infra15 structure project that— 

16 ‘‘(I) is located within the bound17 aries of or functionally connected to an 

18 international border crossing area in 

19 the United States; 

20 ‘‘(II) improves a transportation 

21 facility owned by a Federal, State, or 

22 local government entity; and 

23 ‘‘(III) increases throughput effi24 ciency of the border crossing described 

25 in subclause (I), including— 


lotter on DSKBCFDHB2PROD with BILLS
529 

•S 2302 RS

1 ‘‘(aa) a project to add lanes; 

2 ‘‘(bb) a project to add tech3 nology; and 

4 ‘‘(cc) other surface transpor5 tation improvements; or 

6 ‘‘(vii) a project for a marine highway 

7 corridor designated by the Secretary under 

8 section 55601(c) of title 46 (including an 

9 inland waterway corridor), if the Secretary 

10 determines that the project— 

11 ‘‘(I) is functionally connected to 

12 the National Highway Freight Net13 work; and 

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

15 mobile source emissions; and’’; 

16 (B) in paragraph (2)(A), in the matter pre17 ceding clause (i)— 

18 (i) by striking ‘‘$500,000,000’’ and in19 serting ‘‘30 percent’’; and 

20 (ii) by striking ‘‘fiscal years 2016 

21 through 2020, in the aggregate,’’ and insert22 ing ‘‘each of fiscal years 2021 through 

23 2025’’; and 

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


lotter on DSKBCFDHB2PROD with BILLS
530 

•S 2302 RS

1 ‘‘(3) CRITICAL RURAL STATE INTERSTATE

2 PROJECTS.— 

3 ‘‘(A) REQUIREMENT.—Not less than 

4 $500,000,000 of the amounts made available for 

5 grants under this section for fiscal years 2021 

6 through 2025, in the aggregate, shall be used to 

7 make grants for Interstate interchange projects 

8 between 2 routes on the Interstate System that— 

9 ‘‘(i) are located in a State— 

10 ‘‘(I) with a population density of 

11 not more than 80 persons per square 

12 mile of land area, based on the 2010 

13 census; and 

14 ‘‘(II) that has 3 or fewer Inter15 state interchanges between 2 routes on 

16 the Interstate System; and 

17 ‘‘(ii) are projects that— 

18 ‘‘(I) address a freight system need 

19 identified in a State freight plan 

20 under section 70202 of title 49 (re21 ferred to in this paragraph as a ‘State 

22 freight plan’); 

23 ‘‘(II) address a freight mobility 

24 issue identified in a State freight plan; 

25 or 


lotter on DSKBCFDHB2PROD with BILLS
531 

•S 2302 RS

1 ‘‘(III) are identified in a State 

2 freight plan. 

3 ‘‘(B) INCLUSION IN STATE FREIGHT

4 PLAN.—A project described in subparagraph 

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

6 freight investment plan required under section 

7 70202(b)(9) of title 49. 

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

9 year 2025, the Secretary determines that grants 

10 under this paragraph will not allow for the 

11 amount reserved under subparagraph (A) to be 

12 fully utilized, the Secretary shall use the unuti13 lized amounts to make other grants under this 

14 section during that fiscal year. 

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

16 ‘‘(A) REQUIREMENT.—Not less than 

17 $500,000,000 of the amounts made available for 

18 grants under this section for fiscal years 2021 

19 through 2025, in the aggregate, shall be used to 

20 make grants to eligible projects that are located 

21 in a State with a population density of not less 

22 than 400 persons per square mile of land area, 

23 based on the 2010 census. 

24 ‘‘(B) INCLUSION IN STATE FREIGHT

25 PLAN.—A project described in subparagraph (A) 


lotter on DSKBCFDHB2PROD with BILLS
532 

•S 2302 RS

1 may include a project listed in the freight invest2 ment plan required under section 70202(b)(9) of 

3 title 49. 

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

5 year 2025, the Secretary determines that grants 

6 under this paragraph will not allow for the 

7 amount reserved under subparagraph (A) to be 

8 fully utilized, the Secretary shall use the unuti9 lized amounts to make other grants under this 

10 section during that fiscal year.’’; 

11 (4) in subsection (e)— 

12 (A) in paragraph (1), by striking ‘‘10 per13 cent’’ and inserting ‘‘not less than 15 percent’’; 

14 (B) in paragraph (3)— 

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 ‘‘; and’’; 

19 and 

20 (iii) by adding at the end the fol21 lowing: 

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

23 safety on freight corridors with significant haz24 ards, such as high winds, heavy snowfall, floodVerDate Sep 11 2014 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00532 Fmt 6652 Sfmt 6203 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
533 

•S 2302 RS

1 ing, rockslides, mudslides, wildfire, wildlife cross2 ing onto the roadway, or steep grades.’’; and 

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

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

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

6 be used for projects in rural areas (as defined in sub7 section (i)(3)).’’; 

8 (5) in subsection (h)— 

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

10 the end; 

11 (B) in paragraph (3), by striking the period 

12 at the end and inserting ‘‘; and’’; and 

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

14 ‘‘(4) enhancement of freight resilience to natural 

15 hazards or disasters, including high winds, heavy 

16 snowfall, flooding, rockslides, mudslides, wildfire, 

17 wildlife crossing onto the roadway, or steep grades.’’; 

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

19 under this section’’ and inserting ‘‘grants under sub20 section (e)’’; 

21 (7) in subsection (j)— 

22 (A) by striking the subsection designation 

23 and heading and all that follows through ‘‘The 

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

25 the following: 


lotter on DSKBCFDHB2PROD with BILLS
534 

•S 2302 RS

1 ‘‘(j) FEDERAL ASSISTANCE.— 

2 ‘‘(1) FEDERAL SHARE.— 

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

4 subparagraph (B) or for a grant under sub5 section (q), the Federal share’’; 

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

7 the following: 

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

9 project described in subsection (e)(1), the Federal 

10 share of the cost of the project shall be 80 per11 cent.’’; and 

12 (C) in paragraph (2)— 

13 (i) by striking ‘‘Federal assistance 

14 other’’ and inserting ‘‘Except for grants 

15 under subsection (q), Federal assistance 

16 other’’; and 

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

18 Federal’’ and inserting the following: ‘‘ex19 cept that— 

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

21 of not more than 80 persons per square mile of 

22 land area, based on the 2010 census, the max23 imum share of the total Federal assistance pro24 vided for a project receiving a grant under this 


lotter on DSKBCFDHB2PROD with BILLS
535 

•S 2302 RS

1 section shall be the applicable share under sec2 tion 120(b); and 

3 ‘‘(B) for a State not described in subpara4 graph (A), the total Federal’’; 

5 (8) by redesignating subsections (k) through (n) 

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

7 (9) by inserting after subsection (j) the following: 

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

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

10 provision of law and subject to approval by the Sec11 retary under paragraph (2)(B), in the case of any 

12 grant for a project under this section, during the pe13 riod beginning on the date on which the grant recipi14 ent is selected and ending on the date on which the 

15 grant agreement is signed— 

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

17 expend non-Federal funds with respect to the 

18 project for which the grant is provided; and 

19 ‘‘(B) any non-Federal funds obligated or ex20 pended in accordance with subparagraph (A) 

21 shall be credited toward the non-Federal cost 

22 share for the project for which the grant is pro23 vided. 

24 ‘‘(2) REQUIREMENTS.— 


lotter on DSKBCFDHB2PROD with BILLS
536 

•S 2302 RS

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

2 and expend non-Federal funds under paragraph 

3 (1), the grant recipient shall submit to the Sec4 retary a request to obligate and expend non-Fed5 eral funds under that paragraph, including— 

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

7 grant recipient intends to fund; 

8 ‘‘(ii) a justification for advancing the 

9 activities described in clause (i), including 

10 an assessment of the effects to the project 

11 scope, schedule, and budget if the request is 

12 not approved; and 

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

14 described in clause (i). 

15 ‘‘(B) APPROVAL.—The Secretary shall ap16 prove or disapprove each request submitted 

17 under subparagraph (A). 

18 ‘‘(C) COMPLIANCE WITH APPLICABLE RE19 QUIREMENTS.—Any non-Federal funds obligated 

20 or expended under paragraph (1) shall comply 

21 with all applicable requirements, including any 

22 requirements included in the grant agreement. 

23 ‘‘(3) EFFECT.—The obligation or expenditure of 

24 any non-Federal funds in accordance with this sub25 section shall not— 


lotter on DSKBCFDHB2PROD with BILLS
537 

•S 2302 RS

1 ‘‘(A) affect the signing of a grant agreement 

2 or other applicable grant procedures with respect 

3 to the applicable grant; 

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

5 Federal Government to repay any non-Federal 

6 funds if the grant agreement is not signed; or 

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

8 grant to obligate or expend non-Federal funds to 

9 meet the non-Federal cost share for the project 

10 for which the grant is provided after the period 

11 described in paragraph (1).’’; 

12 (10) by inserting after subsection (n) (as so re13 designated) the following: 

14 ‘‘(o) APPLICANT NOTIFICATION.— 

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

16 the date on which a grant recipient for a project 

17 under this section is selected, the Secretary shall pro18 vide to each eligible applicant not selected for that 

19 grant a written notification that the eligible appli20 cant was not selected. 

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

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

23 telephonic debrief by the Secretary that will pro24 vide— 


lotter on DSKBCFDHB2PROD with BILLS
538 

•S 2302 RS

1 ‘‘(A) detail on the evaluation of the applica2 tion of the eligible applicant; and 

3 ‘‘(B) an explanation of and guidance on the 

4 reasons the application was not selected for a 

5 grant under this section. 

6 ‘‘(3) RESPONSE.— 

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

8 after the eligible applicant receives a written no9 tification under paragraph (1), if the eligible ap10 plicant opts to receive a debrief described in 

11 paragraph (2), the eligible applicant shall notify 

12 the Secretary that the eligible applicant is re13 questing a debrief. 

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

15 submits a request for a debrief under subpara16 graph (A), the Secretary shall provide the debrief 

17 by not later than 60 days after the date on which 

18 the Secretary receives the request for a debrief.’’; 

19 and 

20 (11) by striking subsection (p) (as so redesig21 nated) and inserting the following: 

22 ‘‘(p) REPORTS.— 

23 ‘‘(1) ANNUAL REPORT.— 

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

25 other provision of law, not later than 30 days 


lotter on DSKBCFDHB2PROD with BILLS
539 

•S 2302 RS

1 after the date on which the Secretary selects a 

2 project for funding under this section, the Sec3 retary shall submit to the Committee on Envi4 ronment and Public Works of the Senate and the 

5 Committee on Transportation and Infrastructure 

6 of the House of Representatives a report that de7 scribes the reasons for selecting the project, based 

8 on any criteria established by the Secretary in 

9 accordance with this section. 

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

11 under subparagraph (A) shall specify each cri12 terion established by the Secretary that the 

13 project meets. 

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

15 make available on the website of the Department 

16 of Transportation the report submitted under 

17 subparagraph (A). 

18 ‘‘(D) APPLICABILITY.—This paragraph ap19 plies to all projects described in subparagraph 

20 (A) that the Secretary selects on or after Janu21 ary 1, 2019. 

22 ‘‘(2) COMPTROLLER GENERAL.— 

23 ‘‘(A) ASSESSMENT.—The Comptroller Gen24 eral of the United States shall conduct an assess25 ment of the establishment, solicitation, selection, 


lotter on DSKBCFDHB2PROD with BILLS
540 

•S 2302 RS

1 and justification process with respect to the 

2 funding of projects under this section. 

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

4 the date of enactment of the America’s Transpor5 tation Infrastructure Act of 2019 and annually 

6 thereafter, the Comptroller General of the United 

7 States shall submit to the Committee on Envi8 ronment and Public Works of the Senate and the 

9 Committee on Transportation and Infrastructure 

10 of the House of Representatives a report that de11 scribes, for each project selected to receive fund12 ing under this section— 

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

14 was selected; 

15 ‘‘(ii) the factors that went into the se16 lection of each project; and 

17 ‘‘(iii) the justification for the selection 

18 of each project based on any criteria estab19 lished by the Secretary in accordance with 

20 this section. 

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

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

23 Transportation Infrastructure Act of 2019 and annu24 ally thereafter, the Inspector General of the Depart25 ment of Transportation shall— 


lotter on DSKBCFDHB2PROD with BILLS
541 

•S 2302 RS

1 ‘‘(A) conduct an assessment of the establish2 ment, solicitation, selection, and justification 

3 process with respect to the funding of projects 

4 under this section; and 

5 ‘‘(B) submit to the Committee on Environ6 ment and Public Works of the Senate and the 

7 Committee on Transportation and Infrastructure 

8 of the House of Representatives a final report 

9 that describes the findings of the Inspector Gen10 eral of the Department of Transportation with 

11 respect to the assessment conducted under sub12 paragraph (A). 

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

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

15 pilot program to award grants to eligible applicants 

16 for projects eligible for grants under this section (re17 ferred to in this subsection as the ‘pilot program’). 

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

19 pilot program, the Secretary shall give priority to an 

20 application that offers a greater non-Federal share of 

21 the cost of a project relative to other applications 

22 under the pilot program. 

23 ‘‘(3) FEDERAL SHARE.— 

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

25 other provision of law, the Federal share of the 


lotter on DSKBCFDHB2PROD with BILLS
542 

•S 2302 RS

1 cost of a project assisted with a grant under the 

2 pilot program may not exceed 50 percent. 

3 ‘‘(B) NO FEDERAL INVOLVEMENT.— 

4 ‘‘(i) IN GENERAL.—For grants award5 ed under the pilot program, except as pro6 vided in clause (ii), an eligible applicant 

7 may not use Federal assistance to satisfy 

8 the non-Federal share of the cost under sub9 paragraph (A). 

10 ‘‘(ii) EXCEPTION.—An eligible appli11 cant may use funds from a secured loan (as 

12 defined in section 601(a)) to satisfy the 

13 non-Federal share of the cost under sub14 paragraph (A) if the loan is repayable from 

15 non-Federal funds. 

16 ‘‘(4) RESERVATION.— 

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

18 available to provide grants under this section, 

19 the Secretary shall reserve for each fiscal year 

20 $150,000,000 to provide grants under the pilot 

21 program. 

22 ‘‘(B) UNUTILIZED AMOUNTS.—In any fiscal 

23 year during which applications under this sub24 section are insufficient to effect an award or al25 location of the entire amount reserved under subVerDate Sep 11 2014 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00542 Fmt 6652 Sfmt 6203 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
543 

•S 2302 RS

1 paragraph (A), the Secretary shall use the unuti2 lized amounts to provide other grants under this 

3 section. 

4 ‘‘(5) SET-ASIDES.— 

5 ‘‘(A) SMALL PROJECTS.— 

6 ‘‘(i) IN GENERAL.—Of the amounts re7 served under paragraph (4)(A), the Sec8 retary shall reserve for each fiscal year not 

9 less than 10 percent for projects eligible for 

10 a grant under subsection (e). 

11 ‘‘(ii) REQUIREMENT.—For a grant 

12 awarded from the amount reserved under 

13 clause (i)— 

14 ‘‘(I) the requirements of subsection 

15 (e) shall apply; and 

16 ‘‘(II) the requirements of sub17 section (g) shall not apply. 

18 ‘‘(B) RURAL PROJECTS.— 

19 ‘‘(i) IN GENERAL.—Of the amounts re20 served under paragraph (4)(A), the Sec21 retary shall reserve for each fiscal year not 

22 less than 25 percent for projects eligible for 

23 a grant under subsection (i). 

24 ‘‘(ii) REQUIREMENT.—For a grant 

25 awarded from the amount reserved under 


lotter on DSKBCFDHB2PROD with BILLS
544 

•S 2302 RS

1 clause (i), the requirements of subsection (i) 

2 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 Envi6 ronment 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 eli11 gible 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 implementa16 tion of the pilot program has incentivized eligi17 ble 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 


lotter on DSKBCFDHB2PROD with BILLS
545 

•S 2302 RS

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 Fed7 eral 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 amend13 ed— 

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.’’; 


lotter on DSKBCFDHB2PROD with BILLS
546 

•S 2302 RS

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 fol5 lowing: 

6 ‘‘(10) SAFETY PROJECT UNDER ANY OTHER SEC7 TION.— 

8 ‘‘(A) IN GENERAL.—The term ‘safety project 

9 under any other section’ means a project carried 

10 out for the purpose of safety under any other sec11 tion of this title. 

12 ‘‘(B) INCLUSION.—The term ‘safety project 

13 under any other section’ includes a project, con14 sistent with the State strategic highway safety 

15 plan, that— 

16 ‘‘(i) promotes public awareness and in17 forms the public regarding highway safety 

18 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 


lotter on DSKBCFDHB2PROD with BILLS
547 

•S 2302 RS

1 ‘‘(iv) conducts safety-related research to 

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

4 (2) in subsection (c)(1)(A), by striking ‘‘sub5 sections (a)(11)’’ and inserting ‘‘subsections (a)(12)’’; 

6 (3) in subsection (d)(2)(B)(i), by striking ‘‘sub7 section (a)(11)’’ and inserting ‘‘subsection (a)(12)’’; 

8 and 

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

10 following: 

11 ‘‘(3) FLEXIBLE FUNDING FOR SAFETY PROJECTS

12 UNDER ANY OTHER SECTION.— 

13 ‘‘(A) IN GENERAL.—To advance the imple14 mentation of a State strategic highway safety 

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

16 of the amounts apportioned to the State under 

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

18 safety projects under any other section. 

19 ‘‘(B) OTHER TRANSPORTATION AND HIGH20 WAY SAFETY PLANS.—Nothing in this paragraph 

21 requires a State to revise any State process, 

22 plan, or program in effect on the date of enact23 ment of this paragraph.’’. 


lotter on DSKBCFDHB2PROD with BILLS
548 

•S 2302 RS

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’’; and 

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

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

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

14 carrying out the activity shall consider— 

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

16 materials; and 

17 ‘‘(B) designs that minimize runoff and heat 

18 generation.’’. 

19 SEC. 1113. FEDERAL LANDS ACCESS PROGRAM. 

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

21 amended— 

22 (1) in paragraph (1)(A)— 

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

24 inserting ‘‘context-sensitive solutions,’’ after ‘‘res25 toration,’’; 


lotter on DSKBCFDHB2PROD with BILLS
549 

•S 2302 RS

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

2 interpretive panels in or adjacent to those areas’’ 

3 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 heat 

23 generation.’’. 


lotter on DSKBCFDHB2PROD with BILLS
550 

•S 2302 RS

1 SEC. 1114. NATIONAL HIGHWAY FREIGHT PROGRAM. 

2 Section 167 of title 23, United States Code, is amend3 ed— 

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 highway 

13 or 25 percent of the primary highway freight system 

14 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: 


lotter on DSKBCFDHB2PROD with BILLS
551 

•S 2302 RS

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 Sec11 retary under section 55601(c) of title 46 

12 (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 amend23 ed— 

24 (1) in subsection (b)— 


lotter on DSKBCFDHB2PROD with BILLS
552 

•S 2302 RS

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 period 

7 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.’’; 


lotter on DSKBCFDHB2PROD with BILLS
553 

•S 2302 RS

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

2 following: 

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

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

5 10 percent of the funds apportioned to the State 

6 under section 104(b)(4) for projects described in para7 graphs (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 the 

13 State that is otherwise eligible for obligations of such 

14 funds for operating costs— 

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

16 ‘‘(B) on— 

17 ‘‘(i) a system for which CMAQ funding 

18 was eligible, made available, obligated, or 

19 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) 


lotter on DSKBCFDHB2PROD with BILLS
554 

•S 2302 RS

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 program, 

18 as described in section 162(a) of title 23, United States 

19 Code. The Secretary shall make the request for nominations 

20 available on the appropriate website of the Department. 

21 (b) DESIGNATION DETERMINATIONS.—Not later than 

22 1 year after the date on which the request for nominations 

23 required under subsection (a) is issued, the Secretary shall 

24 make publicly available on the appropriate website of the 

25 Department a list specifying the roads, nominated pursuVerDate Sep 11 2014 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00554 Fmt 6652 Sfmt 6203 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
555 

•S 2302 RS

1 ant to such request, to be designated under the national sce2 nic byways program. 

3 SEC. 1117. ALASKA HIGHWAY. 

4 Section 218 of title 23, United States Code, is amended 

5 to read as follows: 

6 ‘‘§ 218. Alaska Highway 

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

8 State of Alaska and to the United States from the recon9 struction of the Alaska Highway from the Alaskan border 

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

11 Canada and the Haines Cutoff Highway from Haines 

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

13 provide for the necessary reconstruction of the highway 

14 using funds awarded through an applicable competitive 

15 grant program, if the highway meets all applicable eligi16 bility requirements for the program, except for the specific 

17 requirements established by the agreement for the Alaska 

18 Highway Project between the Government of the United 

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

20 funds described in the previous sentence, notwithstanding 

21 any other provision of law and on agreement with the State 

22 of Alaska, the Secretary is authorized to expend on such 

23 highway or the Alaska Marine Highway System any Fed24 eral-aid highway funds apportioned to the State of Alaska 

25 under this title at a Federal share of 100 per centum. No 


lotter on DSKBCFDHB2PROD with BILLS
556 

•S 2302 RS

1 expenditures shall be made for the construction of the por2 tion of such highways that are in Canada unless an agree3 ment is in place between the Government of Canada and 

4 the Government of the United States (including an agree5 ment in existence on the date of enactment of the America’s 

6 Transportation Infrastructure Act of 2019) that provides, 

7 in part, that the Canadian Government— 

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

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

10 for the reconstruction of such highways; 

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

12 any such toll to be charged for the use of such high13 ways by vehicles or persons; 

14 ‘‘(3) will not levy or assess, directly or indi15 rectly, any fee, tax, or other charge for the use of such 

16 highways by vehicles or persons from the United 

17 States that does not apply equally to vehicles or per18 sons of Canada; 

19 ‘‘(4) will continue to grant reciprocal recognition 

20 of vehicle registration and driver’s licenses in accord21 ance with agreements between the United States and 

22 Canada; and 

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

24 completion in proper condition adequately to serve 

25 the needs of present and future traffic. 


lotter on DSKBCFDHB2PROD with BILLS
557 

•S 2302 RS

1 ‘‘(b) The survey and construction work undertaken in 

2 Canada pursuant to this section shall be under the general 

3 supervision of the Secretary. 

4 ‘‘(c) For purposes of this section, the term ‘Alaska Ma5 rine Highway System’ includes all existing or planned 

6 transportation facilities and equipment in Alaska, includ7 ing the lease, purchase, or construction of vessels, terminals, 

8 docks, floats, ramps, staging areas, parking lots, bridges 

9 and approaches thereto, and necessary roads.’’. 

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

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

12 amended in the matter preceding paragraph (1) by striking 

13 ‘‘the construction of ferry boats and ferry terminal facili14 ties, whether toll or free,’’ and inserting ‘‘the construction 

15 of ferry boats and ferry terminal facilities (including ferry 

16 maintenance facilities), whether toll or free, and the pro17 curement of transit vehicles used exclusively as an integral 

18 part of an intermodal ferry trip,’’. 

19 SEC. 1119. BRIDGE INVESTMENT PROGRAM. 

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

21 Code, is amended by inserting after section 123 the fol22 lowing: 

23 ‘‘§ 124. Bridge investment program 

24 ‘‘(a) DEFINITIONS.—In this section: 

25 ‘‘(1) ELIGIBLE PROJECT.— 


lotter on DSKBCFDHB2PROD with BILLS
558 

•S 2302 RS

1 ‘‘(A) IN GENERAL.—The term ‘eligible 

2 project’ means a project to replace, rehabilitate, 

3 preserve, or protect 1 or more bridges on the Na4 tional Bridge Inventory under section 144(b). 

5 ‘‘(B) INCLUSIONS.—The term ‘eligible 

6 project’ includes— 

7 ‘‘(i) a bundle of projects described in 

8 subparagraph (A), regardless of whether the 

9 bundle of projects meets the requirements of 

10 section 144(j)(5); and 

11 ‘‘(ii) a project to replace or rehabilitate 

12 culverts for the purpose of improving flood 

13 control and improved habitat connectivity 

14 for aquatic species. 

15 ‘‘(2) LARGE PROJECT.—The term ‘large project’ 

16 means an eligible project with total eligible project 

17 costs of greater than $100,000,000. 

18 ‘‘(3) PROGRAM.—The term ‘program’ means the 

19 bridge investment program established by subsection 

20 (b)(1). 

21 ‘‘(b) ESTABLISHMENT OF BRIDGE INVESTMENT PRO22 GRAM.— 

23 ‘‘(1) IN GENERAL.—There is established a bridge 

24 investment program to provide financial assistance 

25 for eligible projects under this section. 


lotter on DSKBCFDHB2PROD with BILLS
559 

•S 2302 RS

1 ‘‘(2) GOALS.—The goals of the program shall 

2 be— 

3 ‘‘(A) to improve the safety, efficiency, and 

4 reliability of the movement of people and freight 

5 over bridges; 

6 ‘‘(B) to improve the condition of bridges in 

7 the United States by reducing— 

8 ‘‘(i) the number of bridges— 

9 ‘‘(I) in poor condition; or 

10 ‘‘(II) in fair condition and at risk 

11 of falling into poor condition within 

12 the next 3 years; 

13 ‘‘(ii) the total person miles traveled 

14 over bridges— 

15 ‘‘(I) in poor condition; or 

16 ‘‘(II) in fair condition and at risk 

17 of falling into poor condition within 

18 the next 3 years; 

19 ‘‘(iii) the number of bridges that— 

20 ‘‘(I) do not meet current geometric 

21 design standards; or 

22 ‘‘(II) cannot meet the load and 

23 traffic requirements typical of the re24 gional transportation network; and 


lotter on DSKBCFDHB2PROD with BILLS
560 

•S 2302 RS

1 ‘‘(iv) the total person miles traveled 

2 over bridges that— 

3 ‘‘(I) do not meet current geometric 

4 design standards; or 

5 ‘‘(II) cannot meet the load and 

6 traffic requirements typical of the re7 gional transportation network; and 

8 ‘‘(C) to provide financial assistance that 

9 leverages and encourages non-Federal contribu10 tions from sponsors and stakeholders involved in 

11 the planning, design, and construction of eligible 

12 projects. 

13 ‘‘(c) GRANT AUTHORITY.— 

14 ‘‘(1) IN GENERAL.—In carrying out the pro15 gram, the Secretary may award grants, on a competi16 tive basis, in accordance with this section. 

17 ‘‘(2) GRANT AMOUNTS.—Except as otherwise pro18 vided, a grant under the program shall be— 

19 ‘‘(A) in the case of a large project, in an 

20 amount that is— 

21 ‘‘(i) adequate to fully fund the project 

22 (in combination with other financial re23 sources identified in the application); and 

24 ‘‘(ii) not less than $50,000,000; and 


lotter on DSKBCFDHB2PROD with BILLS
561 

•S 2302 RS

1 ‘‘(B) in the case of any other eligible 

2 project, in an amount that is— 

3 ‘‘(i) adequate to fully fund the project 

4 (in combination with other financial re5 sources identified in the application); and 

6 ‘‘(ii) not less than $2,500,000. 

7 ‘‘(3) MAXIMUM AMOUNT.—Except as otherwise 

8 provided, for an eligible project receiving assistance 

9 under the program, the amount of assistance provided 

10 by the Secretary under this section, as a share of eli11 gible project costs, shall be— 

12 ‘‘(A) in the case of a large project, not more 

13 than 50 percent; and 

14 ‘‘(B) in the case of any other eligible 

15 project, not more than 80 percent. 

16 ‘‘(4) FEDERAL SHARE.— 

17 ‘‘(A) MAXIMUM FEDERAL INVOLVEMENT.— 

18 Federal assistance other than a grant under the 

19 program may be used to satisfy the non-Federal 

20 share of the cost of a project for which a grant 

21 is made, except that the total Federal assistance 

22 provided for a project receiving a grant under 

23 the program may not exceed the Federal share 

24 for the project under section 120. 


lotter on DSKBCFDHB2PROD with BILLS
562 

•S 2302 RS

1 ‘‘(B) OFF-SYSTEM BRIDGES.—In the case of 

2 an eligible project for an off-system bridge (as 

3 defined in section 133(f)(1))— 

4 ‘‘(i) Federal assistance other than a 

5 grant under the program may be used to 

6 satisfy the non-Federal share of the cost of 

7 a project; and 

8 ‘‘(ii) notwithstanding subparagraph 

9 (A), the total Federal assistance provided 

10 for the project shall not exceed 90 percent of 

11 the total eligible project costs. 

12 ‘‘(C) FEDERAL LAND MANAGEMENT AGEN13 CIES AND TRIBAL GOVERNMENTS.—Notwith14 standing any other provision of law, Federal 

15 funds other than Federal funds made available 

16 under this section may be used to pay the re17 maining share of the cost of a project under the 

18 program by a Federal land management agency 

19 or a Tribal government or consortium of Tribal 

20 governments. 

21 ‘‘(5) CONSIDERATIONS.— 

22 ‘‘(A) IN GENERAL.—In awarding grants 

23 under the program, the Secretary shall con24 sider— 


lotter on DSKBCFDHB2PROD with BILLS
563 

•S 2302 RS

1 ‘‘(i) in the case of a large project, the 

2 ratings assigned under subsection (g)(5)(A); 

3 ‘‘(ii) in the case of an eligible project 

4 other than a large project, the quality rat5 ing assigned under subsection (f)(3)(A)(ii); 

6 ‘‘(iii) the average daily person and 

7 freight throughput supported by the eligible 

8 project; 

9 ‘‘(iv) the number and percentage of 

10 bridges within the same State as the eligible 

11 project that are in poor condition; 

12 ‘‘(v) the extent to which the eligible 

13 project demonstrates cost savings by bun14 dling multiple bridge projects; 

15 ‘‘(vi) in the case of an eligible project 

16 of a Federal land management agency, the 

17 extent to which the grant would reduce a 

18 Federal liability or Federal infrastructure 

19 maintenance backlog; 

20 ‘‘(vii) geographic diversity among 

21 grant recipients, including the need for a 

22 balance between the needs of rural and 

23 urban communities; and 

24 ‘‘(viii) the extent to which a bridge 

25 that would be assisted with a grant— 


lotter on DSKBCFDHB2PROD with BILLS
564 

•S 2302 RS

1 ‘‘(I) is, without that assistance— 

2 ‘‘(aa) at risk of falling into 

3 or remaining in poor condition; 

4 or 

5 ‘‘(bb) in fair condition and 

6 at risk of falling into poor condi7 tion within the next 3 years; 

8 ‘‘(II) does not meet current geo9 metric design standards based on— 

10 ‘‘(aa) the current use of the 

11 bridge; or 

12 ‘‘(bb) load and traffic re13 quirements typical of the regional 

14 corridor or local network in which 

15 the bridge is located; or 

16 ‘‘(III) does not meet current seis17 mic design standards. 

18 ‘‘(B) REQUIREMENT.—The Secretary 

19 shall— 

20 ‘‘(i) give priority to an application for 

21 an eligible project that is located within a 

22 State for which— 

23 ‘‘(I) 2 or more applications for el24 igible projects within the State were 

25 submitted for the current fiscal year 


lotter on DSKBCFDHB2PROD with BILLS
565 

•S 2302 RS

1 and an average of 2 or more applica2 tions for eligible projects within the 

3 State were submitted in prior fiscal 

4 years of the program; and 

5 ‘‘(II) fewer than 2 grants have 

6 been awarded for eligible projects with7 in the State under the program; 

8 ‘‘(ii) during the period of fiscal years 

9 2021 through 2025, for each State described 

10 in clause (i), select— 

11 ‘‘(I) not fewer than 1 large project 

12 that the Secretary determines is justi13 fied under the evaluation under sub14 section (g)(4); or 

15 ‘‘(II) 2 eligible projects that are 

16 not large projects that the Secretary 

17 determines are justified under the eval18 uation under subsection (f)(3); and 

19 ‘‘(iii) not be required to award a grant 

20 for an eligible project that the Secretary 

21 does not determine is justified under an 

22 evaluation under subsection (f)(3) or (g)(4). 

23 ‘‘(6) CULVERT LIMITATION.—Not more than 5 

24 percent of the amounts made available for each fiscal 

25 year for grants under the program may be used for 


lotter on DSKBCFDHB2PROD with BILLS
566 

•S 2302 RS

1 eligible projects that consist solely of culvert replace2 ment or rehabilitation. 

3 ‘‘(d) ELIGIBLE ENTITY.—The Secretary may make a 

4 grant under the program to any of the following: 

5 ‘‘(1) A State or a group of States. 

6 ‘‘(2) A metropolitan planning organization that 

7 serves an urbanized area (as designated by the Bu8 reau of the Census) with a population of over 

9 200,000. 

10 ‘‘(3) A unit of local government or a group of 

11 local governments. 

12 ‘‘(4) A political subdivision of a State or local 

13 government. 

14 ‘‘(5) A special purpose district or public author15 ity with a transportation function. 

16 ‘‘(6) A Federal land management agency. 

17 ‘‘(7) A Tribal government or a consortium of 

18 Tribal governments. 

19 ‘‘(8) A multistate or multijurisdictional group of 

20 entities described in paragraphs (1) through (7). 

21 ‘‘(e) ELIGIBLE PROJECT REQUIREMENTS.—The Sec22 retary may make a grant under the program only to an 

23 eligible entity for an eligible project that— 


lotter on DSKBCFDHB2PROD with BILLS
567 

•S 2302 RS

1 ‘‘(1) in the case of a large project, the Secretary 

2 recommends for funding in the annual report on 

3 funding recommendations under subsection (g)(6); 

4 ‘‘(2) is reasonably expected to begin construction 

5 not later than 18 months after the date on which 

6 funds are obligated for the project; and 

7 ‘‘(3) is based on the results of preliminary engi8 neering. 

9 ‘‘(f) COMPETITIVE PROCESS AND EVALUATION OF ELI10 GIBLE PROJECTS OTHER THAN LARGE PROJECTS.— 

11 ‘‘(1) COMPETITIVE PROCESS.— 

12 ‘‘(A) IN GENERAL.—The Secretary shall— 

13 ‘‘(i) for the first fiscal year for which 

14 funds are made available for obligation 

15 under the program, not later than 60 days 

16 after the date on which the template under 

17 subparagraph (B)(i) is developed, and in 

18 subsequent fiscal years, not later than 60 

19 days after the date on which amounts are 

20 made available for obligation under the pro21 gram, solicit grant applications for eligible 

22 projects other than large projects; and 

23 ‘‘(ii) not later than 120 days after the 

24 date on which the solicitation under clause 


lotter on DSKBCFDHB2PROD with BILLS
568 

•S 2302 RS

1 (i) expires, conduct evaluations under para2 graph (3). 

3 ‘‘(B) REQUIREMENTS.—In carrying out 

4 subparagraph (A), the Secretary shall— 

5 ‘‘(i) develop a template for applicants 

6 to use to summarize project needs and bene7 fits, including benefits described in para8 graph (3)(B)(i); and 

9 ‘‘(ii) enable applicants to use data 

10 from the National Bridge Inventory under 

11 section 144(b) to populate templates de12 scribed in clause (i), as applicable. 

13 ‘‘(2) APPLICATIONS.—An eligible entity shall 

14 submit to the Secretary an application at such time, 

15 in such manner, and containing such information as 

16 the Secretary may require. 

17 ‘‘(3) EVALUATION.— 

18 ‘‘(A) IN GENERAL.—Prior to providing a 

19 grant under this subsection, the Secretary 

20 shall— 

21 ‘‘(i) conduct an evaluation of each eli22 gible project for which an application is re23 ceived under this subsection; and 


lotter on DSKBCFDHB2PROD with BILLS
569 

•S 2302 RS

1 ‘‘(ii) assign a quality rating to the eli2 gible project on the basis of the evaluation 

3 under clause (i). 

4 ‘‘(B) REQUIREMENTS.—In carrying out an 

5 evaluation under subparagraph (A), the Sec6 retary shall— 

7 ‘‘(i) consider information on project 

8 benefits submitted by the applicant using 

9 the template developed under paragraph 

10 (1)(B)(i), including whether the project will 

11 generate, as determined by the Secretary— 

12 ‘‘(I) costs avoided by the preven13 tion of closure or reduced use of the 

14 bridge to be improved by the project; 

15 ‘‘(II) in the case of a bundle of 

16 projects, benefits from executing the 

17 projects as a bundle compared to as in18 dividual projects; 

19 ‘‘(III) safety benefits, including 

20 the reduction of accidents and related 

21 costs; 

22 ‘‘(IV) person and freight mobility 

23 benefits, including congestion reduction 

24 and reliability improvements; 


lotter on DSKBCFDHB2PROD with BILLS
570 

•S 2302 RS

1 ‘‘(V) national or regional eco2 nomic benefits; 

3 ‘‘(VI) benefits from long-term re4 siliency to extreme weather events, 

5 flooding, or other natural disasters; 

6 ‘‘(VII) benefits from protection (as 

7 described in section 133(b)(10)), in8 cluding improving seismic or scour 

9 protection; 

10 ‘‘(VIII) environmental benefits, 

11 including wildlife connectivity; 

12 ‘‘(IX) benefits to nonvehicular and 

13 public transportation users; 

14 ‘‘(X) benefits of using— 

15 ‘‘(aa) innovative design and 

16 construction techniques; or 

17 ‘‘(bb) innovative technologies; 

18 or 

19 ‘‘(XI) reductions in maintenance 

20 costs, including, in the case of a feder21 ally-owned bridge, cost savings to the 

22 Federal budget; and 

23 ‘‘(ii) consider whether and the extent to 

24 which the benefits, including the benefits deVerDate Sep 11 2014 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00570 Fmt 6652 Sfmt 6203 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
571 

•S 2302 RS

1 scribed in clause (i), are more likely than 

2 not to outweigh the total project costs. 

3 ‘‘(g) COMPETITIVE PROCESS, EVALUATION, AND AN4 NUAL REPORT FOR LARGE PROJECTS.— 

5 ‘‘(1) IN GENERAL.—The Secretary shall establish 

6 an annual date by which an eligible entity submit7 ting an application for a large project shall submit 

8 to the Secretary such information as the Secretary 

9 may require, including information described in 

10 paragraph (2), in order for a large project to be con11 sidered for a recommendation by the Secretary for 

12 funding in the next annual report under paragraph 

13 (6). 

14 ‘‘(2) INFORMATION REQUIRED.—The information 

15 referred to in paragraph (1) includes— 

16 ‘‘(A) all necessary information required for 

17 the Secretary to evaluate the large project; and 

18 ‘‘(B) information sufficient for the Sec19 retary to determine that— 

20 ‘‘(i) the large project meets the applica21 ble requirements under this section; and 

22 ‘‘(ii) there is a reasonable likelihood 

23 that the large project will continue to meet 

24 the requirements under this section. 


lotter on DSKBCFDHB2PROD with BILLS
572 

•S 2302 RS

1 ‘‘(3) DETERMINATION; NOTICE.—On making a 

2 determination that information submitted to the Sec3 retary under paragraph (1) is sufficient, the Sec4 retary shall provide a written notice of that deter5 mination to— 

6 ‘‘(A) the eligible entity that submitted the 

7 application; 

8 ‘‘(B) the Committee on Environment and 

9 Public Works of the Senate; and 

10 ‘‘(C) the Committee on Transportation and 

11 Infrastructure of the House of Representatives. 

12 ‘‘(4) EVALUATION.—The Secretary may rec13 ommend a large project for funding in the annual re14 port under paragraph (6) only if the Secretary evalu15 ates the proposed project and determines that the 

16 project is justified because the project— 

17 ‘‘(A) addresses a need to improve the condi18 tion of the bridge, as determined by the Sec19 retary, consistent with the goals of the program 

20 under subsection (b)(2); 

21 ‘‘(B) will generate, as determined by the 

22 Secretary— 

23 ‘‘(i) costs avoided by the prevention of 

24 closure or reduced use of the bridge to be 

25 improved by the project; 


lotter on DSKBCFDHB2PROD with BILLS
573 

•S 2302 RS

1 ‘‘(ii) in the case of a bundle of projects, 

2 benefits from executing the projects as a 

3 bundle compared to as individual projects; 

4 ‘‘(iii) safety benefits, including the re5 duction of accidents and related costs; 

6 ‘‘(iv) person and freight mobility bene7 fits, including congestion reduction and re8 liability improvements; 

9 ‘‘(v) national or regional economic 

10 benefits; 

11 ‘‘(vi) benefits from long-term resiliency 

12 to extreme weather events, flooding, or other 

13 natural disasters; 

14 ‘‘(vii) benefits from protection (as de15 scribed in section 133(b)(10)), including 

16 improving seismic or scour protection; 

17 ‘‘(viii) environmental benefits, includ18 ing wildlife connectivity; 

19 ‘‘(ix) benefits to nonvehicular and pub20 lic transportation users; 

21 ‘‘(x) benefits of using— 

22 ‘‘(I) innovative design and con23 struction techniques; or 

24 ‘‘(II) innovative technologies; or 


lotter on DSKBCFDHB2PROD with BILLS
574 

•S 2302 RS

1 ‘‘(xi) reductions in maintenance costs, 

2 including, in the case of a federally-owned 

3 bridge, cost savings to the Federal budget; 

4 ‘‘(C) is cost effective based on an analysis of 

5 whether the benefits and avoided costs described 

6 in subparagraph (B) are expected to outweigh 

7 the project costs; 

8 ‘‘(D) is supported by other Federal or non9 Federal financial commitments or revenues ade10 quate to fund ongoing maintenance and preser11 vation; and 

12 ‘‘(E) is consistent with the objectives of an 

13 applicable asset management plan of the project 

14 sponsor, including a State asset management 

15 plan under section 119(e) in the case of a project 

16 on the National Highway System that is spon17 sored by a State. 

18 ‘‘(5) RATINGS.— 

19 ‘‘(A) IN GENERAL.—The Secretary shall de20 velop a methodology to evaluate and rate a large 

21 project on a 5-point scale (the points of which 

22 include ‘high’, ‘medium-high’, ‘medium’, ‘me23 dium-low’, and ‘low’) for each of— 

24 ‘‘(i) paragraph (4)(B); 

25 ‘‘(ii) paragraph (4)(C); and 


lotter on DSKBCFDHB2PROD with BILLS
575 

•S 2302 RS

1 ‘‘(iii) paragraph (4)(D). 

2 ‘‘(B) REQUIREMENT.—To be considered jus3 tified and receive a recommendation for funding 

4 in the annual report under paragraph (6), a 

5 project shall receive a rating of not less than 

6 ‘medium’ for each rating required under sub7 paragraph (A). 

8 ‘‘(6) ANNUAL REPORT ON FUNDING REC9 OMMENDATIONS FOR LARGE PROJECTS.— 

10 ‘‘(A) IN GENERAL.—Not later than the first 

11 Monday in February of each year, the Secretary 

12 shall submit to the Committees on Transpor13 tation and Infrastructure and Appropriations of 

14 the House of Representatives and the Committees 

15 on Environment and Public Works and Appro16 priations of the Senate a report that includes— 

17 ‘‘(i) a list of large projects that have 

18 requested a recommendation for funding 

19 under a new grant agreement from funds 

20 anticipated to be available to carry out this 

21 subsection in the next fiscal year; 

22 ‘‘(ii) the evaluation under paragraph 

23 (4) and ratings under paragraph (5) for 

24 each project referred to in clause (i); 


lotter on DSKBCFDHB2PROD with BILLS
576 

•S 2302 RS

1 ‘‘(iii) the grant amounts that the Sec2 retary recommends providing to large 

3 projects in the next fiscal year, including— 

4 ‘‘(I) scheduled payments under 

5 previously signed multiyear grant 

6 agreements under subsection (j); 

7 ‘‘(II) payments for new grant 

8 agreements, including single-year 

9 grant agreements and multiyear grant 

10 agreements; and 

11 ‘‘(III) a description of how 

12 amounts anticipated to be available for 

13 the program from the Highway Trust 

14 Fund for that fiscal year will be dis15 tributed; and 

16 ‘‘(iv) for each project for which the Sec17 retary recommends a new multiyear grant 

18 agreement under subsection (j), the proposed 

19 payout schedule for the project. 

20 ‘‘(B) LIMITATIONS.— 

21 ‘‘(i) IN GENERAL.—The Secretary shall 

22 not recommend in an annual report under 

23 this paragraph a new multiyear grant 

24 agreement provided from funds from the 

25 Highway Trust Fund unless the Secretary 


lotter on DSKBCFDHB2PROD with BILLS
577 

•S 2302 RS

1 determines that the project can be completed 

2 using funds that are anticipated to be 

3 available from the Highway Trust Fund in 

4 future fiscal years. 

5 ‘‘(ii) GENERAL FUND PROJECTS.—The 

6 Secretary— 

7 ‘‘(I) may recommend for funding 

8 in an annual report under this para9 graph a large project using funds from 

10 the general fund of the Treasury; but 

11 ‘‘(II) shall not execute a grant 

12 agreement for that project unless— 

13 ‘‘(aa) funds other than from 

14 the Highway Trust Fund have 

15 been made available for the 

16 project; and 

17 ‘‘(bb) the Secretary deter18 mines that the project can be com19 pleted using funds other than 

20 from the Highway Trust Fund 

21 that are anticipated to be avail22 able in future fiscal years. 

23 ‘‘(C) CONSIDERATIONS.—In selecting 

24 projects to recommend for funding in the annual 


lotter on DSKBCFDHB2PROD with BILLS
578 

•S 2302 RS

1 report under this paragraph, the Secretary 

2 shall— 

3 ‘‘(i) consider the amount of funds 

4 available in future fiscal years for 

5 multiyear grant agreements as described in 

6 subparagraph (B); and 

7 ‘‘(ii) assume the availability of funds 

8 in future fiscal years for multiyear grant 

9 agreements that extend beyond the period of 

10 authorization based on the amount made 

11 available for large projects under the pro12 gram in the last fiscal year of the period of 

13 authorization. 

14 ‘‘(D) PROJECT DIVERSITY.—In selecting 

15 projects to recommend for funding in the annual 

16 report under this paragraph, the Secretary shall 

17 ensure diversity among projects recommended 

18 based on— 

19 ‘‘(i) the amount of the grant requested; 

20 and 

21 ‘‘(ii) grants for an eligible project for 

22 1 bridge compared to an eligible project that 

23 is a bundle of projects. 

24 ‘‘(h) ELIGIBLE PROJECT COSTS.—A grant received for 

25 an eligible project under the program may be used for— 


lotter on DSKBCFDHB2PROD with BILLS
579 

•S 2302 RS

1 ‘‘(1) development phase activities, including 

2 planning, feasibility analysis, revenue forecasting, en3 vironmental review, preliminary engineering and de4 sign work, and other preconstruction activities; 

5 ‘‘(2) construction, reconstruction, rehabilitation, 

6 acquisition of real property (including land related to 

7 the project and improvements to the land), environ8 mental mitigation, construction contingencies, acqui9 sition of equipment, and operational improvements 

10 directly related to improving system performance; 

11 and 

12 ‘‘(3) expenses related to the protection (as de13 scribed in section 133(b)(10)) of a bridge, including 

14 seismic or scour protection. 

15 ‘‘(i) TIFIA PROGRAM.—On the request of an eligible 

16 entity carrying out an eligible project, the Secretary may 

17 use amounts awarded to the entity to pay subsidy and ad18 ministrative costs necessary to provide to the entity Federal 

19 credit assistance under chapter 6 with respect to the eligible 

20 project for which the grant was awarded. 

21 ‘‘(j) MULTIYEAR GRANT AGREEMENTS FOR LARGE

22 PROJECTS.— 

23 ‘‘(1) IN GENERAL.—A large project that receives 

24 a grant under the program in an amount of not less 

25 than $100,000,000 may be carried out through a 


lotter on DSKBCFDHB2PROD with BILLS
580 

•S 2302 RS

1 multiyear grant agreement in accordance with this 

2 subsection. 

3 ‘‘(2) REQUIREMENTS.—A multiyear grant agree4 ment for a large project described in paragraph (1) 

5 shall— 

6 ‘‘(A) establish the terms of participation by 

7 the Federal Government in the project; 

8 ‘‘(B) establish the maximum amount of 

9 Federal financial assistance for the project in ac10 cordance with paragraphs (3) and (4) of sub11 section (c); 

12 ‘‘(C) establish a payout schedule for the 

13 project that provides for disbursement of the full 

14 grant amount by not later than 4 fiscal years 

15 after the fiscal year in which the initial amount 

16 is provided; 

17 ‘‘(D) determine the period of time for com18 pleting the project, even if that period extends be19 yond the period of an authorization; and 

20 ‘‘(E) attempt to improve timely and effi21 cient management of the project, consistent with 

22 all applicable Federal laws (including regula23 tions). 

24 ‘‘(3) SPECIAL FINANCIAL RULES.— 


lotter on DSKBCFDHB2PROD with BILLS
581 

•S 2302 RS

1 ‘‘(A) IN GENERAL.—A multiyear grant 

2 agreement under this subsection— 

3 ‘‘(i) shall obligate an amount of avail4 able budget authority specified in law; and 

5 ‘‘(ii) may include a commitment, con6 tingent on amounts to be specified in law in 

7 advance for commitments under this para8 graph, to obligate an additional amount 

9 from future available budget authority spec10 ified in law. 

11 ‘‘(B) STATEMENT OF CONTINGENT COMMIT12 MENT.—The agreement shall state that the con13 tingent commitment is not an obligation of the 

14 Federal Government. 

15 ‘‘(C) INTEREST AND OTHER FINANCING

16 COSTS.— 

17 ‘‘(i) IN GENERAL.—Interest and other 

18 financing costs of carrying out a part of the 

19 project within a reasonable time shall be 

20 considered a cost of carrying out the project 

21 under a multiyear grant agreement, except 

22 that eligible costs may not be more than the 

23 cost of the most favorable financing terms 

24 reasonably available for the project at the 

25 time of borrowing. 


lotter on DSKBCFDHB2PROD with BILLS
582 

•S 2302 RS

1 ‘‘(ii) CERTIFICATION.—The applicant 

2 shall certify to the Secretary that the appli3 cant has shown reasonable diligence in seek4 ing the most favorable financing terms. 

5 ‘‘(4) ADVANCE PAYMENT.—Notwithstanding any 

6 other provision of law, an eligible entity carrying out 

7 a large project under a multiyear grant agreement— 

8 ‘‘(A) may use funds made available to the 

9 eligible entity under this title for eligible project 

10 costs of the large project until the amount speci11 fied in the multiyear grant agreement for the 

12 project for that fiscal year becomes available for 

13 obligation; and 

14 ‘‘(B) if the eligible entity uses funds as de15 scribed in subparagraph (A), the funds used 

16 shall be reimbursed from the amount made avail17 able under the multiyear grant agreement for the 

18 project. 

19 ‘‘(k) UNDERTAKING PARTS OF PROJECTS IN ADVANCE

20 UNDER LETTERS OF NO PREJUDICE.— 

21 ‘‘(1) IN GENERAL.—The Secretary may pay to 

22 an applicant all eligible project costs under the pro23 gram, including costs for an activity for an eligible 

24 project incurred prior to the date on which the project 

25 receives funding under the program if— 


lotter on DSKBCFDHB2PROD with BILLS
583 

•S 2302 RS

1 ‘‘(A) before the applicant carries out the ac2 tivity, the Secretary approves through a letter to 

3 the applicant the activity in the same manner as 

4 the Secretary approves other activities as eligible 

5 under the program; 

6 ‘‘(B) a record of decision, a finding of no 

7 significant impact, or a categorical exclusion 

8 under the National Environmental Policy Act of 

9 1969 (42 U.S.C. 4321 et seq.) has been issued for 

10 the eligible project; and 

11 ‘‘(C) the activity is carried out without 

12 Federal assistance and in accordance with all 

13 applicable procedures and requirements. 

14 ‘‘(2) INTEREST AND OTHER FINANCING COSTS.— 

15 ‘‘(A) IN GENERAL.—For purposes of para16 graph (1), the cost of carrying out an activity 

17 for an eligible project includes the amount of in18 terest and other financing costs, including any 

19 interest earned and payable on bonds, to the ex20 tent interest and other financing costs are ex21 pended in carrying out the activity for the eligi22 ble project, except that interest and other financ23 ing costs may not be more than the cost of the 

24 most favorable financing terms reasonably availVerDate Sep 11 2014 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00583 Fmt 6652 Sfmt 6203 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
584 

•S 2302 RS

1 able for the eligible project at the time of bor2 rowing. 

3 ‘‘(B) CERTIFICATION.—The applicant shall 

4 certify to the Secretary that the applicant has 

5 shown reasonable diligence in seeking the most 

6 favorable financing terms under subparagraph 

7 (A). 

8 ‘‘(3) NO OBLIGATION OR INFLUENCE ON REC9 OMMENDATIONS.—An approval by the Secretary 

10 under paragraph (1)(A) shall not— 

11 ‘‘(A) constitute an obligation of the Federal 

12 Government; or 

13 ‘‘(B) alter or influence any evaluation 

14 under subsection (f)(3)(A)(i) or (g)(4) or any 

15 recommendation by the Secretary for funding 

16 under the program. 

17 ‘‘(l) FEDERALLY-OWNED BRIDGES.— 

18 ‘‘(1) DIVESTITURE CONSIDERATION.—In the case 

19 of a bridge owned by a Federal land management 

20 agency for which that agency applies for a grant 

21 under the program, the agency— 

22 ‘‘(A) shall consider options to divest the 

23 bridge to a State or local entity after completion 

24 of the project; and 


lotter on DSKBCFDHB2PROD with BILLS
585 

•S 2302 RS

1 ‘‘(B) may apply jointly with the State or 

2 local entity to which the bridge may be divested. 

3 ‘‘(2) TREATMENT.—Notwithstanding any other 

4 provision of law, section 129 shall apply to a bridge 

5 that was previously owned by a Federal land man6 agement agency and has been transferred to a non7 Federal entity under paragraph (1) in the same man8 ner as if the bridge was never federally owned. 

9 ‘‘(m) CONGRESSIONAL NOTIFICATION.—Not later than 

10 30 days before making a grant for an eligible project under 

11 the program, the Secretary shall submit to the Committee 

12 on Transportation and Infrastructure of the House of Rep13 resentatives and the Committee on Environment and Public 

14 Works of the Senate a written notification of the proposed 

15 grant that includes— 

16 ‘‘(1) an evaluation and justification for the eligi17 ble project; and 

18 ‘‘(2) the amount of the proposed grant. 

19 ‘‘(n) REPORTS.— 

20 ‘‘(1) ANNUAL REPORT.—Not later than August 1 

21 of each fiscal year, the Secretary shall make available 

22 on the website of the Department of Transportation 

23 an annual report that lists each eligible project for 

24 which a grant has been provided under the program 

25 during the fiscal year. 


lotter on DSKBCFDHB2PROD with BILLS
586 

•S 2302 RS

1 ‘‘(2) GAO ASSESSMENT AND REPORT.—Not later 

2 than 3 years after the date of enactment of the Amer3 ica’s Transportation Infrastructure Act of 2019, the 

4 Comptroller General of the United States shall— 

5 ‘‘(A) conduct an assessment of the adminis6 trative establishment, solicitation, selection, and 

7 justification process with respect to the funding 

8 of grants under the program; and 

9 ‘‘(B) submit to the Committee on Transpor10 tation and Infrastructure of the House of Rep11 resentatives and the Committee on Environment 

12 and Public Works of the Senate a report that de13 scribes— 

14 ‘‘(i) the adequacy and fairness of the 

15 process under which each eligible project 

16 that received a grant under the program 

17 was selected; and 

18 ‘‘(ii) the justification and criteria used 

19 for the selection of each eligible project. 

20 ‘‘(o) LIMITATION.— 

21 ‘‘(1) LARGE PROJECTS.—Of the amounts made 

22 available out of the Highway Trust Fund (other than 

23 the Mass Transit Account) to carry out this section 

24 for each of fiscal years 2021 through 2025, not less 


lotter on DSKBCFDHB2PROD with BILLS
587 

•S 2302 RS

1 than 50 percent, in aggregate, shall be used for large 

2 projects. 

3 ‘‘(2) UNUTILIZED AMOUNTS.—If, in fiscal year 

4 2025, the Secretary determines that grants under the 

5 program will not allow for the requirement under 

6 paragraph (1) to be met, the Secretary shall use the 

7 unutilized amounts to make other grants under the 

8 program during that fiscal year. 

9 ‘‘(p) TRIBAL TRANSPORTATION FACILITY BRIDGE SET

10 ASIDE.— 

11 ‘‘(1) IN GENERAL.—Of the amounts made avail12 able from the Highway Trust Fund (other than the 

13 Mass Transit Account) for a fiscal year to carry out 

14 this section, the Secretary shall use, to carry out sec15 tion 202(d)— 

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

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

18 ‘‘(C) $20,000,000 for fiscal year 2023; 

19 ‘‘(D) $22,000,000 for fiscal year 2024; and 

20 ‘‘(E) $24,000,000 for fiscal year 2025. 

21 ‘‘(2) TREATMENT.—For purposes of section 201, 

22 funds made available for section 202(d) under para23 graph (1) shall be considered to be part of the tribal 

24 transportation program.’’. 


lotter on DSKBCFDHB2PROD with BILLS
588 

•S 2302 RS

1 (b) CLERICAL AMENDMENT.—The analysis for chapter 

2 1 of title 23, United States Code, is amended by inserting 

3 after the item relating to section 123 the following: 

‘‘124. Bridge investment program.’’. 

4 SEC. 1120. SAFE ROUTES TO SCHOOL PROGRAM. 

5 Section 1404 of SAFETEA–LU (23 U.S.C. 402 note; 

6 Public Law 109–59) is amended— 

7 (1) in subsection (a), by striking ‘‘primary and 

8 middle’’ and inserting ‘‘primary, middle, and high’’; 

9 and 

10 (2) in subsection (k)(2)— 

11 (A) in the heading, by striking ‘‘PRIMARY

12 AND MIDDLE’’ and inserting ‘‘PRIMARY, MIDDLE, 

13 AND HIGH’’; 

14 (B) by striking ‘‘primary and middle’’ and 

15 inserting ‘‘primary, middle, and high’’; and 

16 (C) by striking ‘‘eighth grade’’ and insert17 ing ‘‘12th grade’’. 

18 SEC. 1121. HIGHWAY USE TAX EVASION PROJECTS. 

19 Section 143(b)(2)(A) of title 23, United States Code, 

20 is amended by striking ‘‘fiscal years 2016 through 2020’’ 

21 and inserting ‘‘fiscal years 2021 through 2025’’. 

22 SEC. 1122. CONSTRUCTION OF FERRY BOATS AND FERRY 

23 TERMINAL FACILITIES. 

24 Section 147 of title 23, United States Code, is amended 

25 by striking subsection (h) and inserting the following: 


lotter on DSKBCFDHB2PROD with BILLS
589 

•S 2302 RS

1 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated out of the Highway Trust 

3 Fund (other than the Mass Transit Account) to carry out 

4 this section— 

5 ‘‘(1) $86,000,000 for fiscal year 2021; 

6 ‘‘(2) $87,000,000 for fiscal year 2022; 

7 ‘‘(3) $88,000,000 for fiscal year 2023; 

8 ‘‘(4) $89,000,000 for fiscal year 2024; and 

9 ‘‘(5) $90,000,000 for fiscal year 2025.’’. 

10 SEC. 1123. BALANCE EXCHANGES FOR INFRASTRUCTURE 

11 PROGRAM. 

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

13 Code, is amended by adding at the end the following: 

14 ‘‘§ 171. Balance exchanges for infrastructure program 

15 ‘‘(a) DEFINITIONS.—In this section: 

16 ‘‘(1) ADMINISTRATIVELY ALLOCATED.—The term 

17 ‘administratively allocated’ means the allocation by 

18 the Secretary of budget authority for a project under 

19 the TIFIA program that occurs 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 credit 

24 agreement (as defined in section 601(a)), in ac25 cordance with section 602(b)(2). 


lotter on DSKBCFDHB2PROD with BILLS
590 

•S 2302 RS

1 ‘‘(2) APPALACHIAN STATE.—The term ‘Appa2 lachian State’ means a State that contains 1 or more 

3 counties in the Appalachian region (as defined in sec4 tion 14102(a) of title 40). 

5 ‘‘(3) PROGRAM.—The term ‘program’ means the 

6 Balance Exchanges for Infrastructure Program estab7 lished 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 ad13 ministratively allocated. 

14 ‘‘(B) INCLUSION.—The term ‘TIFIA carry15 over balance’ includes— 

16 ‘‘(i) the applicable amount of contract 

17 authority for the amounts described in sub18 paragraph (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). 


lotter on DSKBCFDHB2PROD with BILLS
591 

•S 2302 RS

1 ‘‘(b) ESTABLISHMENT.—The Secretary shall establish 

2 a program, to be known as the ‘Balance Exchanges for In3 frastructure Program’, in accordance with this section to 

4 provide flexibility for the Secretary and States to improve 

5 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 subpara21 graph (A), each Appalachian State that elects to 

22 participate in the program shall submit to the 

23 Secretary either— 


lotter on DSKBCFDHB2PROD with BILLS
592 

•S 2302 RS

1 ‘‘(i) a request that describes the 

2 amount that the Appalachian State requests 

3 to return under subsection (d)(1)(A); or 

4 ‘‘(ii) an application for a grant under 

5 subsection (e). 

6 ‘‘(d) EXCHANGE AGREEMENTS.— 

7 ‘‘(1) IN GENERAL.—The Secretary shall enter 

8 into an agreement with each Appalachian State that 

9 submits a request under subsection (c)(1)(A)(i) under 

10 which— 

11 ‘‘(A) the Appalachian State shall return to 

12 the Secretary all, or at the discretion of the Ap13 palachian State, a portion of, the unobligated 

14 amounts from the Highway Trust Fund (includ15 ing the applicable amount of contract authority 

16 and an equal amount of special no-year obliga17 tion limitation associated with that contract au18 thority) apportioned to the Appalachian State 

19 for the Appalachian development highway sys20 tem under section 14501 of title 40 (but not in21 cluding any amounts made available by an ap22 propriations Act without an initial authoriza23 tion); and 

24 ‘‘(B) the Secretary shall transfer to the Ap25 palachian State, from amounts transferred to the 


lotter on DSKBCFDHB2PROD with BILLS
593 

•S 2302 RS

1 program under subsection (f)(2) for that fiscal 

2 year, an amount (including the applicable 

3 amount of contract authority and an equal 

4 amount of annual obligation limitation) equal to 

5 the amount that the Appalachian State returned 

6 under subparagraph (A) that shall be used to 

7 carry out projects described in paragraph (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 be 

17 carried out using funds transferred to an Appa18 lachian State under paragraph (1)(B) is a 

19 project described in section 133(b). 

20 ‘‘(B) FEDERAL SHARE.—The Federal share 

21 of the cost of a project carried out using funds 

22 transferred to an Appalachian State under para23 graph (1)(B) shall be up to 100 percent, at the 

24 discretion of the Appalachian State. 


lotter on DSKBCFDHB2PROD with BILLS
594 

•S 2302 RS

1 ‘‘(C) APPLICATION OF SECTION 133.—Except 

2 as otherwise provided in this paragraph, section 

3 133 shall not apply to a project carried out 

4 using funds transferred to an Appalachian State 

5 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 to 

14 the program under subsection (f), the Secretary shall 

15 exchange amounts under paragraph (1) based on the 

16 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 SYSTEM

23 CORRIDOR GRANTS.— 

24 ‘‘(1) IN GENERAL.—Using amounts returned to 

25 the Secretary under subsection (d)(1)(A), the SecVerDate Sep 11 2014 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00594 Fmt 6652 Sfmt 6203 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
595 

•S 2302 RS

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 be 

7 carried out with a grant under this subsection is a 

8 project that is— 

9 ‘‘(A) eligible under section 14501 of title 40 

10 as of the date of enactment of this section; and 

11 ‘‘(B) reasonably expected to begin construc12 tion by not later than 2 years after the date of 

13 obligation of funds provided under this sub14 section for the project. 

15 ‘‘(3) APPLICATION.—To be eligible to receive a 

16 grant under this subsection, an Appalachian State 

17 shall submit to the Secretary an application at such 

18 time, in such manner, and containing such informa19 tion as the Secretary may require. 

20 ‘‘(4) FEDERAL SHARE.—The Federal share of the 

21 cost of a project carried out using a grant provided 

22 under this subsection shall be up to 100 percent, at 

23 the discretion of the Appalachian State. 

24 ‘‘(5) LIMITATION.—An Appalachian State that 

25 enters into an agreement to exchange funds under 


lotter on DSKBCFDHB2PROD with BILLS
596 

•S 2302 RS

1 subsection (d) for any fiscal year shall not be eligible 

2 to receive a grant under this subsection. 

3 ‘‘(f) TRANSFER FROM TIFIA PROGRAM.— 

4 ‘‘(1) IN GENERAL.—On October 1 of each fiscal 

5 year, the Secretary shall reserve, for the purpose of 

6 funding transfers under paragraph (2) until the 

7 transfers are completed, the amount of TIFIA carry8 over balance that exceeds the amount authorized to 

9 carry out the TIFIA program for that fiscal year. 

10 ‘‘(2) TRANSFERS.—For each fiscal year, not later 

11 than 60 days after the date on which the Secretary 

12 receives the responses to the solicitations under sub13 section (c)(1) or the date on which the full appropria14 tion for that fiscal year is available, whichever is 

15 later, the Secretary shall transfer from the TIFIA 

16 program to the program an amount of contract au17 thority and an equal amount of obligation limitation, 

18 to remain available until expended, that is equal to 

19 the lesser of— 

20 ‘‘(A) the total amount requested by all Ap21 palachian States for the fiscal year under sub22 section (c)(1)(B)(i); 

23 ‘‘(B) the total amount requested by all Ap24 palachian States for grants under subsection 

25 (c)(1)(B)(ii); and 


lotter on DSKBCFDHB2PROD with BILLS
597 

•S 2302 RS

1 ‘‘(C) the amount reserved under paragraph 

2 (1).’’. 

3 (b) CLERICAL AMENDMENT.—The analysis for chapter 

4 1 of title 23, United States Code, is amended by inserting 

5 after the item relating to section 170 the following: 

‘‘171. Balance exchanges for infrastructure program.’’. 

6 SEC. 1124. SAFETY INCENTIVE PROGRAMS. 

7 (a) IN GENERAL.— 

8 (1) FORMULA SAFETY INCENTIVE PROGRAM.— 

9 Chapter 1 of title 23, United States Code (as amended 

10 by section 1123(a)), is amended by adding at the end 

11 the following: 

12 ‘‘§ 172. Formula safety incentive program 

13 ‘‘(a) DEFINITIONS.—In this section: 

14 ‘‘(1) METROPOLITAN PLANNING ORGANIZATION; 

15 URBANIZED AREA.—The terms ‘metropolitan plan16 ning organization’ and ‘urbanized area’ have the 

17 meaning given those terms in section 134(b). 

18 ‘‘(2) TRANSPORTATION MANAGEMENT AREA.— 

19 The term ‘transportation management area’ means a 

20 transportation management area identified or des21 ignated by the Secretary under section 134(k)(1). 

22 ‘‘(3) VULNERABLE ROAD USER.—The term ‘vul23 nerable road user’ means a nonmotorist (as that term 

24 is used in the Fatality Analysis Reporting System of 


lotter on DSKBCFDHB2PROD with BILLS
598 

•S 2302 RS

1 the National Highway Traffic Safety Administra2 tion). 

3 ‘‘(4) VULNERABLE ROAD USER SAFETY FOCUS

4 AREA.—The term ‘vulnerable road user safety focus 

5 area’ means— 

6 ‘‘(A) an urbanized area with combined fa7 tality rate of vulnerable road users that is great8 er than 1.5 per 100,000 individuals; or 

9 ‘‘(B) a State in which fatalities of vulner10 able road users combined represents not less than 

11 15 percent of the total annual crash fatalities in 

12 the State. 

13 ‘‘(b) FORMULA FUNDING AWARDS.— 

14 ‘‘(1) IN GENERAL.—For each fiscal year, the Sec15 retary shall distribute among the States the amounts 

16 made available to carry out this section for that fiscal 

17 year in accordance with paragraph (2). 

18 ‘‘(2) DISTRIBUTION.—The amount for each State 

19 shall be determined by multiplying the total amount 

20 of funding made available to carry out this section for 

21 the applicable fiscal year by the ratio that— 

22 ‘‘(A) the total base apportionment for the 

23 State under section 104(c); bears to 

24 ‘‘(B) the total base apportionments for all 

25 States under section 104(c). 


lotter on DSKBCFDHB2PROD with BILLS
599 

•S 2302 RS

1 ‘‘(c) SAFETY SUPPLEMENTAL.— 

2 ‘‘(1) IN GENERAL.—A State shall use 50 percent 

3 of the amount distributed to the State under sub4 section (b) for each fiscal year to carry out the eligible 

5 activities under paragraph (2). 

6 ‘‘(2) ELIGIBLE ACTIVITIES.— 

7 ‘‘(A) STATES.—Subject to paragraph 

8 (4)(A), a State shall use the funds under para9 graph (1) for a highway safety improvement 

10 project or strategy included on the State stra11 tegic highway safety plan (as defined in section 

12 148(a)) of the State. 

13 ‘‘(B) MPOS.—Subject to paragraph (4)(B), 

14 a metropolitan planning organization that is re15 quired to obligate funds under subsection (e) 

16 shall use the funds under paragraph (1) for a 

17 highway safety improvement project (as defined 

18 in section 148(a)). 

19 ‘‘(3) FEDERAL SHARE.—The Federal share of the 

20 cost of a project carried out with funds under para21 graph (1) shall be determined in accordance with sec22 tion 120. 

23 ‘‘(4) LIMITATION ON FLEXIBILITY.— 

24 ‘‘(A) STATES.—Notwithstanding paragraph 

25 (2)(A), a State that is a vulnerable road user 


lotter on DSKBCFDHB2PROD with BILLS
600 

•S 2302 RS

1 safety focus area shall use the funds under para2 graph (1) for a highway safety improvement 

3 project (as defined in section 148(a)) to improve 

4 the safety of vulnerable road users, regardless of 

5 whether the project is included on the State stra6 tegic highway safety plan (as defined in section 

7 148(a)) of the State. 

8 ‘‘(B) MPOS.—Notwithstanding paragraph 

9 (2)(B), a metropolitan planning organization 

10 that is required to obligate funds under sub11 section (e) that contains an area designated as 

12 a vulnerable road user safety focus area shall use 

13 the funds under paragraph (1) for a highway 

14 safety improvement project (as defined in section 

15 148(a)) to improve the safety of vulnerable road 

16 users. 

17 ‘‘(d) SAFETY PLANNING INCENTIVE.— 

18 ‘‘(1) VULNERABLE ROAD USER SAFETY ASSESS19 MENTS.— 

20 ‘‘(A) IN GENERAL.—A State may, in con21 sultation with metropolitan planning organiza22 tions within the State, develop and publish a 

23 State vulnerable road user safety assessment de24 scribed in subparagraph (B). 


lotter on DSKBCFDHB2PROD with BILLS
601 

•S 2302 RS

1 ‘‘(B) STATE VULNERABLE ROAD USER SAFE2 TY ASSESSMENT DESCRIBED.—A vulnerable road 

3 user safety assessment referred to in subpara4 graph (A) is an assessment of the safety perform5 ance of the State with respect to vulnerable road 

6 users and the plan of the State, developed in con7 sultation with the metropolitan planning organi8 zations within the State, if any, to improve the 

9 safety of vulnerable road users, which shall— 

10 ‘‘(i) include the approximate location 

11 within the State of each vulnerable road 

12 user fatality during the most recently re13 ported 2-year period of final data from the 

14 Fatality Analysis Reporting System of the 

15 National Highway Traffic Safety Adminis16 tration and the operating speed of the road17 way at that location; 

18 ‘‘(ii) include the corridors within the 

19 State on which a vulnerable road user fatal20 ity has occurred during the most recently 

21 reported 2-year period of final data from 

22 the Fatality Analysis Reporting System of 

23 the National Highway Traffic Safety Ad24 ministration and the operating speeds of 

25 those corridors; 


lotter on DSKBCFDHB2PROD with BILLS
602 

•S 2302 RS

1 ‘‘(iii) include a list of projects within 

2 the State that primarily address the safety 

3 of vulnerable road users that— 

4 ‘‘(I) have been completed during 

5 the 2 most recent fiscal years prior to 

6 date of the publication of the vulner7 able road user safety assessment, in8 cluding the amount of funding that has 

9 been dedicated to those projects, de10 scribed in total amounts and as a per11 centage of total capital expenditures; 

12 ‘‘(II) are planned to be completed 

13 during the 2 fiscal years following the 

14 date of the publication of the vulner15 able road user assessment, including 

16 the amount of funding that the State 

17 plans to be dedicated to those projects, 

18 described in total amounts and as a 

19 percentage of total capital expendi20 tures; and 

21 ‘‘(III) have the potential to be in22 cluded on the list described in sub23 clause (II) once the permitting and ap24 proval processes for those projects are 

25 complete, including the reason for the 


lotter on DSKBCFDHB2PROD with BILLS
603 

•S 2302 RS

1 delay in the completion of those proc2 esses, if any; and 

3 ‘‘(iv) be reviewed and certified by the 

4 Secretary to have met the requirements of 

5 this subparagraph. 

6 ‘‘(2) ACCELERATION OF SAFETY PROJECT DELIV7 ERY.—For each project identified by a State under 

8 paragraph (1)(B)(iii)(III), to the maximum extent 

9 practicable, the Secretary, in consultation with the 

10 State, shall use the authority under section 1420 of 

11 the FAST Act (23 U.S.C. 101 note; Public Law 114– 

12 94) to accelerate delivery of the project. 

13 ‘‘(3) SAFETY PLAN INCENTIVE.—A State shall 

14 use 50 percent of the amounts made available to the 

15 State under subsection (b) for each fiscal year to 

16 carry out eligible activities under paragraph (4). 

17 ‘‘(4) ELIGIBLE ACTIVITIES.— 

18 ‘‘(A) IN GENERAL.—A State and any met19 ropolitan planning organization in the State 

20 that is required to obligate funds under sub21 section (e) may use funds under paragraph (3) 

22 for a project or strategy described in subsection 

23 (c)(2). 

24 ‘‘(B) ADDITIONAL ELIGIBILITY INCEN25 TIVE.—In addition to the eligible activities 


lotter on DSKBCFDHB2PROD with BILLS
604 

•S 2302 RS

1 under subparagraph (A), a State and any metro2 politan planning organization in the State that 

3 is required to obligate funds under subsection (e) 

4 may use the funds under paragraph (3) for a 

5 project eligible under section 133(b) if— 

6 ‘‘(i) the State has, within the fiscal 

7 year prior to the fiscal year in which the 

8 Secretary is making the grant or by a dead9 line established by the Secretary in the fis10 cal year in which the Secretary is making 

11 the grant, conducted and published a vul12 nerable road user safety assessment de13 scribed in paragraph (1)(B) that has been 

14 approved by the Secretary under clause (iv) 

15 of that paragraph; or 

16 ‘‘(ii) for a State that has previously 

17 published a vulnerable road user safety as18 sessment described in paragraph (1)(B) that 

19 has been approved by the Secretary under 

20 clause (iv) of that paragraph— 

21 ‘‘(I) the State has, within the fis22 cal year prior to the fiscal year in 

23 which the Secretary is making the 

24 grant or by a deadline established by 

25 the Secretary in the fiscal year in 


lotter on DSKBCFDHB2PROD with BILLS
605 

•S 2302 RS

1 which the Secretary is making the 

2 grant, updated the estimates described 

3 in clauses (i) and (ii) of paragraph 

4 (1)(B); and 

5 ‘‘(II) the State and the metropoli6 tan planning organization have, with7 in the 4 fiscal years prior to the fiscal 

8 year in which the Secretary is making 

9 the grant or by a deadline established 

10 by the Secretary in the fiscal year in 

11 which the Secretary is making the 

12 grant, incorporated a vulnerable road 

13 user safety assessment described in 

14 paragraph (1)(B) into— 

15 ‘‘(aa) a long-range transpor16 tation plan developed by the met17 ropolitan planning organization 

18 under section 134(c), if any; and 

19 ‘‘(bb) the long-range state20 wide transportation plan devel21 oped by the State under section 

22 135(f)(1). 

23 ‘‘(5) FEDERAL SHARE.—The Federal share of the 

24 cost of a project carried out using funds under para25 graph (3)— 


lotter on DSKBCFDHB2PROD with BILLS
606 

•S 2302 RS

1 ‘‘(A) in the case of a State or metropolitan 

2 planning organization within a State that meets 

3 the requirements under paragraph (4)(B), may 

4 be up to 100 percent, at the discretion of the 

5 State; and 

6 ‘‘(B) in the case of a State or metropolitan 

7 planning organization within a State that is not 

8 described in subparagraph (A), shall be deter9 mined in accordance with section 120. 

10 ‘‘(e) SUBALLOCATION REQUIREMENTS.— 

11 ‘‘(1) IN GENERAL.—For each fiscal year, of the 

12 funds made available to a State under subsections (c) 

13 and (d)— 

14 ‘‘(A) 65 percent of each amount shall be ob15 ligated, in proportion to their relative shares of 

16 the population of the State— 

17 ‘‘(i) in urbanized areas of the State 

18 with an urbanized area population of over 

19 200,000; and 

20 ‘‘(ii) in other areas of the State; and 

21 ‘‘(B) the remainder may be obligated in 

22 any area of the State. 

23 ‘‘(2) METROPOLITAN AREAS.—Funds attributed 

24 to an urbanized area under paragraph (1)(A)(i) may 

25 be obligated in the metropolitan area established 


lotter on DSKBCFDHB2PROD with BILLS
607 

•S 2302 RS

1 under section 134 that encompasses the urbanized 

2 area. 

3 ‘‘(3) DISTRIBUTION AMONG URBANIZED AREAS

4 OF OVER 200,000 POPULATION.— 

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

6 subparagraph (B), the amount that a State is re7 quired to obligate under paragraph (1)(A)(i) 

8 shall be obligated in urbanized areas described in 

9 paragraph (1)(A)(i) based on the relative popu10 lation of the areas. 

11 ‘‘(B) OTHER FACTORS.—The State may ob12 ligate the funds described in subparagraph (A) 

13 based on other factors if— 

14 ‘‘(i) the State and the relevant metro15 politan planning organizations jointly 

16 apply to the Secretary for the permission to 

17 base the obligation on other factors; and 

18 ‘‘(ii) the Secretary grants the request. 

19 ‘‘(4) CONSULTATION IN URBANIZED AREAS.—Be20 fore obligating funds for an activity under subsections 

21 (c) or (d) in an urbanized area that is not a trans22 portation management area, a State shall consult 

23 with any metropolitan planning organization that 

24 represents the urbanized area prior to determining 

25 which activities should be carried out. 


lotter on DSKBCFDHB2PROD with BILLS
608 

•S 2302 RS

1 ‘‘(5) CONSULTATION IN RURAL AREAS.—Before 

2 obligating funds for an eligible activity under sub3 sections (c) and (d) in a rural area, a State shall 

4 consult with any regional transportation planning 

5 organization or metropolitan planning organization 

6 that represents a rural area of the State prior to de7 termining which activities should be carried out. 

8 ‘‘§ 173. Fatality reduction performance program 

9 ‘‘(a) DEFINITIONS.—In this section: 

10 ‘‘(1) METROPOLITAN PLANNING ORGANIZATION; 

11 URBANIZED AREA.—The terms ‘metropolitan plan12 ning organization’ and ‘urbanized area’ have the 

13 meaning given those terms in section 134(b). 

14 ‘‘(2) QUALIFYING STATE.—The term ‘qualifying 

15 State’ means a State in which— 

16 ‘‘(A) the average fatality and serious injury 

17 rates per 100,000,000 vehicle-miles-traveled with18 in the State during the 3-year period beginning 

19 on January 1 of the fiscal year that was 3 years 

20 prior to the fiscal year in which the Secretary is 

21 making the grant under this section has grown 

22 more slowly or declined, as compared to the av23 erage fatality and serious injury rates per 

24 100,000,000 vehicle-miles-traveled within the 

25 State during the 3-year period beginning on 


lotter on DSKBCFDHB2PROD with BILLS
609 

•S 2302 RS

1 January 1 of the fiscal year that was 6 years 

2 prior to the fiscal year in which the Secretary is 

3 making the grant under this section; 

4 ‘‘(B) the average annual number of serious 

5 injuries and fatalities within the State, as meas6 ured on a per capita basis, during the 3-year pe7 riod beginning on January 1 of the fiscal year 

8 that was 3 years prior to the fiscal year in 

9 which the Secretary is making the grant under 

10 this section has grown more slowly or declined, 

11 as compared to the average annual number of se12 rious injuries and fatalities within the State, as 

13 measured on a per capita basis, during the 3- 

14 year period beginning on January 1 of the fiscal 

15 year that was 6 years prior to the fiscal year in 

16 which the Secretary is making the grant under 

17 this section; 

18 ‘‘(C) the average annual number of fatali19 ties within the State, as measured on a per cap20 ita basis, during the 3-year period beginning on 

21 January 1 of the fiscal year that was 3 years 

22 prior to the fiscal year in which the Secretary is 

23 making the grant under this section is less than 

1 24 ⁄2 of the nationwide average annual per capita 

25 number of fatalities during that period; or 


lotter on DSKBCFDHB2PROD with BILLS
610 

•S 2302 RS

1 ‘‘(D)(i) the performance targets set by the 

2 State under subsection (d)(1) of section 150, in 

3 accordance with subsection (c)(4) of that section, 

4 in the most recently completed performance cycle 

5 prior to the year in which the Secretary is mak6 ing the funds available under this section dem7 onstrate a reduction in the number and rate of 

8 serious injuries and fatalities; and 

9 ‘‘(ii) the State has met or exceeded the per10 formance targets described in clause (i). 

11 ‘‘(3) QUALIFYING UNIT OF LOCAL GOVERN12 MENT.—The term ‘qualifying unit of local govern13 ment’ means a unit of local government in an urban14 ized area served by a metropolitan planning organi15 zation in which— 

16 ‘‘(A) the average fatality and serious injury 

17 rates per 100,000,000 vehicle-miles-traveled with18 in the urbanized area during the 3-year period 

19 beginning on January 1 of the fiscal year that 

20 was 3 years prior to the fiscal year in which the 

21 Secretary is making the grant under this section 

22 has grown more slowly or declined, as compared 

23 to the average fatality and serious injury rates 

24 per 100,000,000 vehicle-miles-traveled within the 

25 urbanized area during the 3-year period beginVerDate Sep 11 2014 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00610 Fmt 6652 Sfmt 6203 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
611 

•S 2302 RS

1 ning on January 1 of the fiscal year that was 

2 6 years prior to the fiscal year in which the Sec3 retary is making the grant under this section; 

4 ‘‘(B) the average annual number of serious 

5 injuries and fatalities within the urbanized area, 

6 as measured on a per capita basis, during the 3- 

7 year period beginning on January 1 of the fiscal 

8 year that was 3 years prior to the fiscal year in 

9 which the Secretary is making the grant under 

10 this section has grown more slowly or declined, 

11 as compared to the average annual per capita 

12 number of serious injuries and fatalities within 

13 the urbanized area during the 3-year period be14 ginning on January 1 of the fiscal year that was 

15 6 years prior to the fiscal year in which the Sec16 retary is making the grant under this section; 

17 ‘‘(C) the average annual number of fatali18 ties within the urbanized area, as measured on 

19 a per capita basis, during the 3-year period be20 ginning on January 1 of the fiscal year that was 

21 3 years prior to the fiscal year in which the Sec22 retary is making the grant under this section is 

less than 1 23 ⁄2 of the nationwide average annual 

24 per capita number of fatalities during that pe25 riod; or 


lotter on DSKBCFDHB2PROD with BILLS
612 

•S 2302 RS

1 ‘‘(D)(i) the performance targets set for the 

2 urbanized area under section 150(c)(4), in ac3 cordance with section 134(h)(2)(B)(i), in the 

4 most recently completed performance cycle prior 

5 to the year in which the Secretary is making the 

6 grant under this section demonstrate a reduction 

7 in the number and rate of serious injuries and 

8 fatalities; and 

9 ‘‘(ii) the urbanized area has met or exceeded 

10 the performance targets described in clause (i). 

11 ‘‘(4) SERIOUS INJURIES AND FATALITIES.—The 

12 term ‘serious injuries and fatalities’ means serious in13 juries and fatalities, as measured in accordance with 

14 the measures established under section 150(c)(4). 

15 ‘‘(b) FATALITY REDUCTION PERFORMANCE AND PLAN16 NING RECOGNITION AWARDS.— 

17 ‘‘(1) IN GENERAL.—The Secretary shall establish 

18 a competitive grant program to award grants to eligi19 ble entities in recognition of the achievement of the el20 igible entity in meeting the performance categories de21 scribed in paragraph (3)(A). 

22 ‘‘(2) ELIGIBLE ENTITIES.—The Secretary shall 

23 distribute amounts under paragraph (1) to any of the 

24 following: 

25 ‘‘(A) A qualifying State. 


lotter on DSKBCFDHB2PROD with BILLS
613 

•S 2302 RS

1 ‘‘(B) A qualifying unit of local government. 

2 ‘‘(3) PERFORMANCE CATEGORIES.— 

3 ‘‘(A) IN GENERAL.—The Secretary shall se4 lect eligible entities to receive a grant under 

5 paragraph (1) to recognize the achievement of the 

6 eligible entity in meeting any of the following 

7 performance categories: 

8 ‘‘(i) Significant progress in reducing 

9 serious injuries and fatalities, as measured 

10 on a per capita basis. 

11 ‘‘(ii) Significant progress in reducing 

12 the rates of serious injuries and fatalities 

13 per vehicle-mile traveled. 

14 ‘‘(iii) Having a per capita number of 

15 serious injuries and fatalities that is among 

16 the lowest of jurisdictions with comparable 

17 population and surface transportation sys18 tem characteristics. 

19 ‘‘(iv) Having a per vehicle-mile trav20 eled number of serious injuries and fatali21 ties that is among the lowest of jurisdictions 

22 with comparable population and surface 

23 transportation system characteristics. 

24 ‘‘(v) Innovative safety planning efforts 

25 and implementation of plans leading to 


lotter on DSKBCFDHB2PROD with BILLS
614 

•S 2302 RS

1 achievement with respect to the reduction of 

2 serious injuries and fatalities. 

3 ‘‘(B) MERIT BASED DISTRIBUTION.—In se4 lecting among eligible entities to receive grants 

5 under paragraph (1) and the amounts of each of 

6 those grants, the Secretary shall give priority to 

7 eligible entities that have achieved the most sig8 nificant levels of reduction in serious injuries 

9 and fatalities, as measured either on a per cap10 ita basis or per-vehicle mile traveled basis. 

11 ‘‘(C) MULTIPLE AWARDS.—The Secretary 

12 may— 

13 ‘‘(i) award a grant under paragraph 

14 (1) to multiple eligible entities for each per15 formance category described in subpara16 graph (A); and 

17 ‘‘(ii) recognize achievements in each 

18 performance category described in subpara19 graph (A)— 

20 ‘‘(I) in urban and rural areas; 

21 and 

22 ‘‘(II) on the State and local level. 

23 ‘‘(D) REPEAT AWARDS.—The Secretary 

24 may not award a grant under this subsection to 


lotter on DSKBCFDHB2PROD with BILLS
615 

•S 2302 RS

1 the same eligible entity more than once during a 

2 2-year period. 

3 ‘‘(4) AWARD AMOUNT.—A grant under para4 graph (1) shall be in an amount— 

5 ‘‘(A) not less than $5,000,000; and 

6 ‘‘(B) not more than $30,000,000. 

7 ‘‘(5) ELIGIBLE USES.—An eligible entity may 

8 use a grant under paragraph (1) for— 

9 ‘‘(A) an activity eligible under this title; or 

10 ‘‘(B) a project— 

11 ‘‘(i) to maintain the condition of a 

12 Federal-aid highway, including routine 

13 maintenance; or 

14 ‘‘(ii) that— 

15 ‘‘(I) responds to a specific condi16 tion or event; and 

17 ‘‘(II) restores a Federal-aid high18 way to a functional state of operations. 

19 ‘‘(6) APPLICATIONS.—To be eligible to receive a 

20 grant under paragraph (1), an eligible entity shall 

21 submit to the Secretary an application at such time, 

22 in such manner, and containing such information as 

23 the Secretary may require. 

24 ‘‘(7) FEDERAL SHARE.—The Federal share of the 

25 cost of a project carried out using a grant under 


lotter on DSKBCFDHB2PROD with BILLS
616 

•S 2302 RS

1 paragraph (1) shall be, as determined at the discre2 tion of the grant recipient, up to 100 percent.’’. 

3 (2) CLERICAL AMENDMENT.—The analysis for 

4 chapter 1 of title 23, United States Code (as amended 

5 by section 1123(b)), is amended by inserting after the 

6 item relating to section 171 the following: 

‘‘172. Formula safety incentive program. 

‘‘173. Fatality reduction performance program.’’. 

7 (b) VULNERABLE ROAD USER RESEARCH PLAN.— 

8 (1) DEFINITIONS.—In this subsection: 

9 (A) ADMINISTRATOR.—The term ‘‘Adminis10 trator’’ means the Secretary of Transportation, 

11 acting through the Administrator of the Federal 

12 Highway Administration. 

13 (B) VULNERABLE ROAD USER.—The term 

14 ‘‘vulnerable road user’’ has the meaning given 

15 the term in section 172(a) of title 23, United 

16 States Code. 

17 (2) ESTABLISHMENT OF RESEARCH PLAN.—The 

18 Administrator shall establish a research plan to 

19 prioritize research on roadway designs, the develop20 ment of safety countermeasures to minimize fatalities 

21 and serious injuries to vulnerable road users, and the 

22 promotion of bicycling and walking, including re23 search relating to— 


lotter on DSKBCFDHB2PROD with BILLS
617 

•S 2302 RS

1 (A) roadway safety improvements, includ2 ing traffic calming techniques and vulnerable 

3 road user accommodations appropriate in a sub4 urban arterial context; 

5 (B) the impacts of traffic speeds, and access 

6 to low-traffic stress corridors, on safety and rates 

7 of bicycling and walking; 

8 (C) tools to evaluate the impact of transpor9 tation improvements on projected rates and safe10 ty of bicycling and walking; and 

11 (D) other research areas to be determined by 

12 the Administrator. 

13 (3) VULNERABLE ROAD USER ASSESSMENTS.— 

14 The Administrator shall— 

15 (A) review each vulnerable road user safety 

16 assessment submitted by a State under section 

17 172(c) of title 23, United States Code, and other 

18 relevant sources of data to determine what, if 

19 any, standard definitions and methods should be 

20 developed through guidance to enable a State to 

21 collect pedestrian injury and fatality data; and 

22 (B) in the first progress update under para23 graph (4)(B), provide— 

24 (i) the results of the determination de25 scribed in subparagraph (A); and 


lotter on DSKBCFDHB2PROD with BILLS
618 

•S 2302 RS

1 (ii) the recommendations of the Sec2 retary with respect to the collection and re3 porting of data on the safety of vulnerable 

4 road users. 

5 (4) SUBMISSION; PUBLICATION.— 

6 (A) SUBMISSION OF PLAN.—Not later than 

7 180 days after the date of enactment of this Act, 

8 the Administrator shall submit to the Committee 

9 on Environment and Public Works of the Senate 

10 and the Committee on Transportation and Infra11 structure of the House of Representatives the re12 search plan described in paragraph (2). 

13 (B) PROGRESS UPDATES.—Not later than 2 

14 years after the date of enactment of this Act, and 

15 biannually thereafter, the Administrator shall 

16 submit to the Committees described in subpara17 graph (A)— 

18 (i) updates on the progress and find19 ings of the research conducted pursuant to 

20 the plan described in paragraph (2); and 

21 (ii) in the first submission under this 

22 subparagraph, the results and recommenda23 tions described in paragraph (3)(B). 


lotter on DSKBCFDHB2PROD with BILLS
619 

•S 2302 RS

1 SEC. 1125. WILDLIFE CROSSING SAFETY. 

2 (a) DECLARATION OF POLICY.—Section 101(b)(3)(D) 

3 of title 23, United States Code, is amended, in the matter 

4 preceding clause (i), by inserting ‘‘resilient,’’ after ‘‘effi5 cient,’’. 

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 High15 way Administration entitled ‘Wildlife-Vehicle Colli16 sion Reduction Study’, there are more than 1,000,000 

17 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 re23 sults in tens of thousands of serious injuries and 

24 hundreds of fatalities on the roadways of the 

25 United States; and 


lotter on DSKBCFDHB2PROD with BILLS
620 

•S 2302 RS

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 threat 

5 to the survival of species, including birds, reptiles, 

6 mammals, and amphibians. 

7 ‘‘(b) ESTABLISHMENT.—The Secretary shall establish 

8 a competitive wildlife crossings pilot program (referred to 

9 in this section as the ‘pilot program’) to provide grants for 

10 projects that seek to achieve— 

11 ‘‘(1) a reduction in the number of wildlife-vehicle 

12 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; 


lotter on DSKBCFDHB2PROD with BILLS
621 

•S 2302 RS

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 shall 

15 submit to the Secretary an application at such time, 

16 in such manner, and containing such information as 

17 the Secretary may require. 

18 ‘‘(2) REQUIREMENT.—If an application under 

19 paragraph (1) is submitted by an eligible entity other 

20 than an eligible entity described in paragraph (1) or 

21 (7) of subsection (c), the application shall include 

22 documentation that the State highway agency, or an 

23 equivalent of that agency, of the State in which the 

24 eligible entity is located was consulted during the de25 velopment of the application. 


lotter on DSKBCFDHB2PROD with BILLS
622 

•S 2302 RS

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 proposed 

9 project of an eligible entity is likely to protect motor10 ists and wildlife by reducing the number of wildlife11 vehicle collisions and improve habitat connectivity for 

12 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 efVerDate Sep 11 2014 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00622 Fmt 6652 Sfmt 6203 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
623 

•S 2302 RS

1 fectiveness in reducing wildlife-vehicle collisions 

2 and improving habitat connectivity for terres3 trial 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 reducing 

10 the number of wildlife-vehicle collisions and im11 proving habitat connectivity for terrestrial and 

12 aquatic species, as the Secretary determines to be 

13 appropriate, subject to the condition that the im14 plementation of the pilot program shall not be 

15 delayed in the absence of action by the Secretary 

16 to identify additional criteria under this sub17 paragraph. 

18 ‘‘(f) USE OF FUNDS.— 

19 ‘‘(1) IN GENERAL.—The Secretary shall ensure 

20 that a grant received under the pilot program is used 

21 for a project to reduce wildlife-vehicle collisions. 

22 ‘‘(2) GRANT ADMINISTRATION.— 

23 ‘‘(A) IN GENERAL.—A grant received under 

24 the pilot program shall be administered by— 


lotter on DSKBCFDHB2PROD with BILLS
624 

•S 2302 RS

1 ‘‘(i) in the case of a grant to a Federal 

2 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 sec6 tion 3 of the Alaska Native Claims Settle7 ment Act (43 U.S.C. 1602)), the Federal 

8 Highway Administration, through an agree9 ment; 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, for 

14 the State in which the project is to be car15 ried 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 de21 scribed in clause (ii), in accordance with 

22 the terms of the project agreement. 

23 ‘‘(ii) ELIGIBLE PARTNERS DE24 SCRIBED.—The eligible partners referred to 

25 in clause (i) include— 


lotter on DSKBCFDHB2PROD with BILLS
625 

•S 2302 RS

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 or 

8 public authority with a transportation 

9 function, including a port authority; 

10 ‘‘(V) an Indian tribe (as defined 

11 in section 207(m)(1)), including a Na12 tive village and a Native Corporation 

13 (as those terms are defined in section 3 

14 of the Alaska Native Claims Settlement 

15 Act (43 U.S.C. 1602)); 

16 ‘‘(VI) a Federal land management 

17 agency; 

18 ‘‘(VII) a foundation, nongovern19 mental organization, or institution of 

20 higher education; 

21 ‘‘(VIII) a Federal, Tribal, re22 gional, or State government entity; 

23 and 


lotter on DSKBCFDHB2PROD with BILLS
626 

•S 2302 RS

1 ‘‘(IX) a group of any of the enti2 ties described in subclauses (I) through 

3 (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 that 

11 not less than 60 percent of the amounts made available for 

12 grants under the pilot program each fiscal year are for 

13 projects located in rural areas. 

14 ‘‘(h) ANNUAL REPORT TO CONGRESS.— 

15 ‘‘(1) IN GENERAL.—Not later than December 31 

16 of each calendar year, the Secretary shall submit to 

17 Congress, and make publicly available, a report de18 scribing the activities under the pilot program for the 

19 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; 


lotter on DSKBCFDHB2PROD with BILLS
627 

•S 2302 RS

1 ‘‘(B) an evaluation of the effectiveness of the 

2 pilot program in meeting the purposes described 

3 in subsection (b); and 

4 ‘‘(C) policy recommendations to improve the 

5 effectiveness of the pilot program.’’. 

6 (2) CLERICAL AMENDMENT.—The analysis for 

7 chapter 1 of title 23, United States Code (as amended 

8 by section 1124(a)(2)) is amended by inserting after 

9 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 conduct 

19 a study (referred to in this subsection as the ‘study’) 

20 of the state, as of the date of the study, of the practice 

21 of methods to reduce collisions between motorists and 

22 wildlife (referred to in this section as ‘wildlife-vehicle 

23 collisions’). 

24 ‘‘(2) CONTENTS.— 

25 ‘‘(A) AREAS OF STUDY.—The study shall— 


lotter on DSKBCFDHB2PROD with BILLS
628 

•S 2302 RS

1 ‘‘(i) update and expand on, as appro2 priate— 

3 ‘‘(I) the report entitled ‘Wildlife 

4 Vehicle Collision Reduction Study: 

5 2008 Report to Congress’; and 

6 ‘‘(II) the document entitled ‘Wild7 life Vehicle Collision Reduction Study: 

8 Best Practices Manual’ and dated Oc9 tober 2008; and 

10 ‘‘(ii) include— 

11 ‘‘(I) an assessment, as of the date 

12 of the study, of— 

13 ‘‘(aa) the causes of wildlife14 vehicle collisions; 

15 ‘‘(bb) the impact of wildlife16 vehicle collisions on motorists and 

17 wildlife; and 

18 ‘‘(cc) the impacts of roads 

19 and traffic on habitat 

20 connectivity for terrestrial and 

21 aquatic species; and 

22 ‘‘(II) solutions and best practices 

23 for— 

24 ‘‘(aa) reducing wildlife-vehi25 cle collisions; and 


lotter on DSKBCFDHB2PROD with BILLS
629 

•S 2302 RS

1 ‘‘(bb) improving habitat 

2 connectivity for terrestrial and 

3 aquatic species. 

4 ‘‘(B) METHODS.—In carrying out the 

5 study, the Secretary shall— 

6 ‘‘(i) conduct a thorough review of re7 search and data relating to— 

8 ‘‘(I) wildlife-vehicle collisions; and 

9 ‘‘(II) habitat fragmentation that 

10 results from transportation infrastruc11 ture; 

12 ‘‘(ii) survey current practices of the 

13 Department of Transportation and State 

14 departments of transportation to reduce 

15 wildlife-vehicle collisions; and 

16 ‘‘(iii) consult with— 

17 ‘‘(I) appropriate experts in the 

18 field of wildlife-vehicle collisions; and 

19 ‘‘(II) appropriate experts on the 

20 effects of roads and traffic on habitat 

21 connectivity for terrestrial and aquatic 

22 species. 

23 ‘‘(3) REPORT.— 

24 ‘‘(A) IN GENERAL.—Not later than 18 

25 months after the date of enactment of the AmerVerDate Sep 11 2014 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00629 Fmt 6652 Sfmt 6203 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
630 

•S 2302 RS

1 ica’s Transportation Infrastructure Act of 2019, 

2 the Secretary shall submit to Congress a report 

3 on the results of the study. 

4 ‘‘(B) CONTENTS.—The report under sub5 paragraph (A) shall include— 

6 ‘‘(i) a description of— 

7 ‘‘(I) the causes of wildlife-vehicle 

8 collisions; 

9 ‘‘(II) the impacts of wildlife-vehi10 cle collisions; 

11 ‘‘(III) the impacts of roads and 

12 traffic on— 

13 ‘‘(aa) species listed as threat14 ened species or endangered species 

15 under the Endangered Species Act 

16 of 1973 (16 U.S.C. 1531 et seq.); 

17 ‘‘(bb) species identified by 

18 States as species of greatest con19 servation need; 

20 ‘‘(cc) species identified in 

21 State wildlife plans; and 

22 ‘‘(dd) medium and small ter23 restrial and aquatic species; 

24 ‘‘(ii) an economic evaluation of the 

25 costs and benefits of installing highway inVerDate Sep 11 2014 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00630 Fmt 6652 Sfmt 6203 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
631 

•S 2302 RS

1 frastructure and other measures to mitigate 

2 damage to terrestrial and aquatic species, 

3 including the effect on jobs, property values, 

4 and economic growth to society, adjacent 

5 communities, and landowners; 

6 ‘‘(iii) recommendations for preventing 

7 wildlife-vehicle collisions, including rec8 ommended best practices, funding resources, 

9 or other recommendations for addressing 

10 wildlife-vehicle collisions; and 

11 ‘‘(iv) guidance, developed in consulta12 tion with Federal land management agen13 cies and State departments of transpor14 tation, State fish and wildlife agencies, and 

15 Tribal governments that agree to partici16 pate, for developing, for each State that 

17 agrees to participate, a voluntary joint 

18 statewide transportation and wildlife action 

19 plan— 

20 ‘‘(I) to address wildlife-vehicle col21 lisions; and 

22 ‘‘(II) to improve habitat 

23 connectivity for terrestrial and aquatic 

24 species. 


lotter on DSKBCFDHB2PROD with BILLS
632 

•S 2302 RS

1 ‘‘(b) WORKFORCE DEVELOPMENT AND TECHNICAL

2 TRAINING.— 

3 ‘‘(1) IN GENERAL.—Not later than 3 years after 

4 the date of enactment of the America’s Transportation 

5 Infrastructure Act of 2019, the Secretary shall, based 

6 on the study conducted under subsection (a), develop 

7 a series of in-person and online workforce develop8 ment and technical training courses— 

9 ‘‘(A) to reduce wildlife-vehicle collisions; 

10 and 

11 ‘‘(B) to improve habitat connectivity for 

12 terrestrial and aquatic species. 

13 ‘‘(2) AVAILABILITY.—The Secretary shall— 

14 ‘‘(A) make the series of courses developed 

15 under paragraph (1) available for transportation 

16 and fish and wildlife professionals; and 

17 ‘‘(B) update the series of courses not less fre18 quently than once every 2 years. 

19 ‘‘(c) STANDARDIZATION OF WILDLIFE COLLISION AND

20 CARCASS DATA.— 

21 ‘‘(1) STANDARDIZED METHODOLOGY.— 

22 ‘‘(A) IN GENERAL.—The Secretary, acting 

23 through the Administrator of the Federal High24 way Administration (referred to in this sub25 section as the ‘Secretary’), shall develop a qualVerDate Sep 11 2014 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00632 Fmt 6652 Sfmt 6203 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
633 

•S 2302 RS

1 ity standardized methodology for collecting and 

2 reporting spatially accurate wildlife collision 

3 and carcass data for the National Highway Sys4 tem, considering the practicability of the method5 ology with respect to technology and cost. 

6 ‘‘(B) METHODOLOGY.—In developing the 

7 standardized methodology under subparagraph 

8 (A), the Secretary shall— 

9 ‘‘(i) survey existing methodologies and 

10 sources of data collection, including the Fa11 tality Analysis Reporting System, the Gen12 eral Estimates System of the National Auto13 motive Sampling System, and the Highway 

14 Safety Information System; and 

15 ‘‘(ii) to the extent practicable, identify 

16 and correct limitations of those existing 

17 methodologies and sources of data collection. 

18 ‘‘(C) CONSULTATION.—In developing the 

19 standardized methodology under subparagraph 

20 (A), the Secretary shall consult with— 

21 ‘‘(i) the Secretary of the Interior; 

22 ‘‘(ii) the Secretary of Agriculture, act23 ing through the Chief of the Forest Service; 

24 ‘‘(iii) Tribal, State, and local trans25 portation and wildlife authorities; 


lotter on DSKBCFDHB2PROD with BILLS
634 

•S 2302 RS

1 ‘‘(iv) metropolitan planning organiza2 tions (as defined in section 134(b)); 

3 ‘‘(v) members of the American Associa4 tion of State Highway Transportation Offi5 cials; 

6 ‘‘(vi) members of the Association of 

7 Fish and Wildlife Agencies; 

8 ‘‘(vii) experts in the field of wildlife-ve9 hicle collisions; 

10 ‘‘(viii) nongovernmental organizations; 

11 and 

12 ‘‘(ix) other interested stakeholders, as 

13 appropriate. 

14 ‘‘(2) STANDARDIZED NATIONAL DATA SYSTEM

15 WITH VOLUNTARY TEMPLATE IMPLEMENTATION.—The 

16 Secretary shall— 

17 ‘‘(A) develop a template for State imple18 mentation of a standardized national wildlife 

19 collision and carcass data system for the Na20 tional Highway System that is based on the 

21 standardized methodology developed under para22 graph (1); and 

23 ‘‘(B) encourage the voluntary implementa24 tion of the template developed under subpara25 graph (A). 


lotter on DSKBCFDHB2PROD with BILLS
635 

•S 2302 RS

1 ‘‘(3) REPORTS.— 

2 ‘‘(A) METHODOLOGY.—The Secretary shall 

3 submit to Congress a report describing the stand4 ardized methodology developed under paragraph 

5 (1) not later than the later of— 

6 ‘‘(i) the date that is 18 months after 

7 the date of enactment of the America’s 

8 Transportation Infrastructure Act of 2019; 

9 and 

10 ‘‘(ii) the date that is 180 days after the 

11 date on which the Secretary completes the 

12 development of the standardized method13 ology. 

14 ‘‘(B) IMPLEMENTATION.—Not later than 4 

15 years after the date of enactment of the Amer16 ica’s Transportation Infrastructure Act of 2019, 

17 the Secretary shall submit to Congress a report 

18 describing— 

19 ‘‘(i) the status of the voluntary imple20 mentation of the standardized methodology 

21 developed under paragraph (1) and the tem22 plate developed under paragraph (2)(A); 

23 ‘‘(ii) whether the implementation of the 

24 standardized methodology developed under 

25 paragraph (1) and the template developed 


lotter on DSKBCFDHB2PROD with BILLS
636 

•S 2302 RS

1 under paragraph (2)(A) has impacted ef2 forts by States, units of local government, 

3 and other entities— 

4 ‘‘(I) to reduce the number of wild5 life-vehicle collisions; and 

6 ‘‘(II) to improve habitat 

7 connectivity; 

8 ‘‘(iii) the degree of the impact de9 scribed in clause (ii); and 

10 ‘‘(iv) the recommendations of the Sec11 retary, including recommendations for fur12 ther study aimed at reducing motorist colli13 sions involving wildlife and improving 

14 habitat connectivity for terrestrial and 

15 aquatic species on the National Highway 

16 System, if any. 

17 ‘‘(d) NATIONAL THRESHOLD GUIDANCE.—The Sec18 retary shall— 

19 ‘‘(1) establish guidance, to be carried out by 

20 States on a voluntary basis, that contains a threshold 

21 for determining whether a highway shall be evaluated 

22 for potential mitigation measures to reduce wildlife23 vehicle collisions and increase habitat connectivity for 

24 terrestrial and aquatic species, taking into consider25 ation— 


lotter on DSKBCFDHB2PROD with BILLS
637 

•S 2302 RS

1 ‘‘(A) the number of wildlife-vehicle collisions 

2 on the highway that pose a human safety risk; 

3 ‘‘(B) highway-related mortality and the ef4 fects of traffic on the highway on— 

5 ‘‘(i) species listed as endangered species 

6 or threatened species under the Endangered 

7 Species Act of 1973 (16 U.S.C. 1531 et 

8 seq.); 

9 ‘‘(ii) species identified by a State as 

10 species of greatest conservation need; 

11 ‘‘(iii) species identified in State wild12 life plans; and 

13 ‘‘(iv) medium and small terrestrial 

14 and aquatic species; and 

15 ‘‘(C) habitat connectivity values for terres16 trial and aquatic species and the barrier effect of 

17 the highway on the movements and migrations of 

18 those species.’’. 

19 (2) CLERICAL AMENDMENT.—The analysis for 

20 chapter 1 of title 23, United States Code (as amended 

21 by subsection (b)(2)) is amended by inserting after 

22 the item relating to section 174 the following: 

‘‘175. Wildlife-vehicle collision reduction and habitat connectivity improvement.’’. 

23 (d) WILDLIFE CROSSINGS STANDARDS.—Section 

24 109(c)(2) of title 23, United States Code, is amended— 


lotter on DSKBCFDHB2PROD with BILLS
638 

•S 2302 RS

1 (1) in subparagraph (E), by striking ‘‘and’’ at 

2 the end; 

3 (2) by redesignating subparagraph (F) as sub4 paragraph (G); and 

5 (3) by inserting after subparagraph (E) the fol6 lowing: 

7 ‘‘(F) the publication of the Federal High8 way Administration entitled ‘Wildlife Crossing 

9 Structure Handbook: Design and Evaluation in 

10 North America’ and dated March 2011; and’’. 

11 (e) WILDLIFE HABITAT CONNECTIVITY AND NATIONAL

12 BRIDGE AND TUNNEL INVENTORY AND INSPECTION STAND13 ARDS.—Section 144 of title 23, United States Code, is 

14 amended— 

15 (1) in subsection (a)(2)— 

16 (A) in subparagraph (B), by inserting ‘‘, re17 silience,’’ after ‘‘safety’’; 

18 (B) in subparagraph (D), by striking ‘‘and’’ 

19 at the end; 

20 (C) in subparagraph (E), by striking the 

21 period at the end and inserting ‘‘; and’’; and 

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

23 ‘‘(F) to ensure adequate passage of aquatic 

24 and terrestrial species, where appropriate.’’; 

25 (2) in subsection (b)— 


lotter on DSKBCFDHB2PROD with BILLS
639 

•S 2302 RS

1 (A) in paragraph (4), by striking ‘‘and’’ at 

2 the end; 

3 (B) in paragraph (5), by striking the period 

4 at the end and inserting ‘‘; and’’; and 

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

6 ‘‘(6) determine if the replacement or rehabilita7 tion of bridges and tunnels should include measures 

8 to enable safe and unimpeded movement for terres9 trial and aquatic species.’’; and 

10 (3) in subsection (i), by adding at the end the 

11 following: 

12 ‘‘(3) REQUIREMENT.—The first revision under 

13 paragraph (2) after the date of enactment of the 

14 America’s Transportation Infrastructure Act of 2019 

15 shall include techniques to assess passage of aquatic 

16 and terrestrial species and habitat restoration poten17 tial.’’. 

18 SEC. 1126. CONSOLIDATION OF PROGRAMS. 

19 Section 1519(a) of MAP–21 (Public Law 112–141; 126 

20 Stat. 574; 129 Stat. 1423) is amended, in the matter pre21 ceding paragraph (1), by striking ‘‘fiscal years 2016 

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

23 2025’’. 


lotter on DSKBCFDHB2PROD with BILLS
640 

•S 2302 RS

1 SEC. 1127. STATE FREIGHT ADVISORY COMMITTEES. 

2 Section 70201 of title 49, United States Code, is 

3 amended— 

4 (1) in subsection (a), by striking ‘‘representatives 

5 of ports, freight railroads,’’ and all that follows 

6 through the period at the end and inserting the fol7 lowing: ‘‘representatives of— 

8 ‘‘(1) ports, if applicable; 

9 ‘‘(2) freight railroads, if applicable; 

10 ‘‘(3) shippers; 

11 ‘‘(4) carriers; 

12 ‘‘(5) freight-related associations; 

13 ‘‘(6) third-party logistics providers; 

14 ‘‘(7) the freight industry workforce; 

15 ‘‘(8) the transportation department of the State; 

16 ‘‘(9) metropolitan planning organizations; 

17 ‘‘(10) local governments; 

18 ‘‘(11) the environmental protection department 

19 of the State, if applicable; 

20 ‘‘(12) the air resources board of the State, if ap21 plicable; and 

22 ‘‘(13) economic development agencies of the 

23 State.’’; 

24 (2) in subsection (b)(5), by striking ‘‘70202.’’ 

25 and inserting ‘‘70202, including by providing advice 


lotter on DSKBCFDHB2PROD with BILLS
641 

•S 2302 RS

1 regarding the development of the freight investment 

2 plan; and’’; 

3 (3) by redesignating subsection (b) as subsection 

4 (c); and 

5 (4) by inserting after subsection (a) the fol6 lowing: 

7 ‘‘(b) QUALIFICATIONS.—Each member of a freight ad8 visory committee established under subsection (a) shall have 

9 qualifications sufficient to serve on a freight advisory com10 mittee, including, as applicable— 

11 ‘‘(1) general business and financial experience; 

12 ‘‘(2) experience or qualifications in the areas of 

13 freight transportation and logistics; 

14 ‘‘(3) experience in transportation planning; 

15 ‘‘(4) experience representing employees of the 

16 freight industry; or 

17 ‘‘(5) experience representing a State, local gov18 ernment, or metropolitan planning organization.’’. 

19 SEC. 1128. TERRITORIAL AND PUERTO RICO HIGHWAY PRO20 GRAM. 

21 Section 165 of title 23, United States Code, is amend22 ed— 

23 (1) in subsection (a), by striking paragraphs (1) 

24 and (2) and inserting the following: 


lotter on DSKBCFDHB2PROD with BILLS
642 

•S 2302 RS

1 ‘‘(1) for the Puerto Rico highway program under 

2 subsection (b)— 

3 ‘‘(A) $161,500,000 shall be for fiscal year 

4 2021; 

5 ‘‘(B) $165,000,000 shall be for fiscal year 

6 2022; 

7 ‘‘(C) $168,000,000 shall be for fiscal year 

8 2023; 

9 ‘‘(D) $171,000,000 shall be for fiscal year 

10 2024; and 

11 ‘‘(E) $175,500,000 shall be for fiscal year 

12 2025; and 

13 ‘‘(2) for the territorial highway program under 

14 subsection (c)— 

15 ‘‘(A) $43,000,000 shall be for fiscal year 

16 2021; 

17 ‘‘(B) $43,000,000 shall be for fiscal year 

18 2022; 

19 ‘‘(C) $44,000,000 shall be for fiscal year 

20 2023; 

21 ‘‘(D) $45,000,000 shall be for fiscal year 

22 2024; and 

23 ‘‘(E) $46,000,000 shall be for fiscal year 

24 2025.’’; and 


lotter on DSKBCFDHB2PROD with BILLS
643 

•S 2302 RS

1 (2) in subsection (c)(7), by striking ‘‘paragraphs 

2 (1) through (4) of section 133(c) and section 

3 133(b)(12)’’ and inserting ‘‘paragraphs (1), (2), (3), 

4 and (5) of section 133(c) and section 133(b)(13)’’. 

5 SEC. 1129. NATIONALLY SIGNIFICANT FEDERAL LANDS AND 

6 TRIBAL PROJECTS PROGRAM. 

7 Section 1123 of the FAST Act (23 U.S.C. 201 note; 

8 Public Law 114–94) is amended— 

9 (1) in subsection (c)(3), by striking 

10 ‘‘$25,000,000’’ and all that follows through the period 

11 at the end and inserting ‘‘$12,500,000.’’; 

12 (2) in subsection (g)— 

13 (A) by striking the subsection designation 

14 and heading and all that follows through ‘‘The 

15 Federal’’ in paragraph (1) and inserting the fol16 lowing: 

17 ‘‘(g) COST SHARE.— 

18 ‘‘(1) FEDERAL SHARE.— 

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

20 subparagraph (B), the Federal’’; 

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

22 the following: 

23 ‘‘(B) TRIBAL PROJECTS.—In the case of a 

24 project on a tribal transportation facility (as de25 fined in section 101(a) of title 23, United States 


lotter on DSKBCFDHB2PROD with BILLS
644 

•S 2302 RS

1 Code), the Federal share of the cost of the project 

2 shall be 100 percent.’’; and 

3 (C) in paragraph (2), by striking ‘‘other 

4 than those made available under title 23 or title 

5 49, United States Code,’’; and 

6 (3) by striking subsection (h) and inserting the 

7 following: 

8 ‘‘(h) USE OF FUNDS.— 

9 ‘‘(1) IN GENERAL.—For each fiscal year, of the 

10 amounts made available to carry out this section— 

11 ‘‘(A) 50 percent shall be used for eligible 

12 projects on Federal lands transportation facili13 ties and Federal lands access transportation fa14 cilities (as those terms are defined in section 

15 101(a) of title 23, United States Code); and 

16 ‘‘(B) 50 percent shall be used for eligible 

17 projects on tribal transportation facilities (as de18 fined in section 101(a) of title 23, United States 

19 Code). 

20 ‘‘(2) REQUIREMENT.—Not less than 1 eligible 

21 project carried out using the amount described in 

22 paragraph (1)(A) shall be in a unit of the National 

23 Park System with not less than 3,000,000 annual 

24 visitors. 


lotter on DSKBCFDHB2PROD with BILLS
645 

•S 2302 RS

1 ‘‘(3) AVAILABILITY.—Amounts made available 

2 under to carry out this section shall remain available 

3 for a period of 3 fiscal years following the fiscal year 

4 for which the amounts are appropriated.’’. 

5 SEC. 1130. TRIBAL HIGH PRIORITY PROJECTS PROGRAM. 

6 Section 1123(h) of MAP–21 (23 U.S.C. 202 note; Pub7 lic Law 112–141) is amended— 

8 (1) by redesignating paragraph (2) as para9 graph (3); 

10 (2) in paragraph (3) (as so redesignated), in the 

11 matter preceding subparagraph (A), by striking 

12 ‘‘paragraph (1)’’ and inserting ‘‘paragraphs (1) and 

13 (2)’’; and 

14 (3) by striking the subsection designation and 

15 heading and all that follows through the period at the 

16 end of paragraph (1) and inserting the following: 

17 ‘‘(h) FUNDING.— 

18 ‘‘(1) SET-ASIDE.—For each of fiscal years 2021 

19 through 2025, of the amounts made available to carry 

20 out the tribal transportation program under section 

21 202 of title 23, United States Code, for that fiscal 

22 year, the Secretary shall use $9,000,000 to carry out 

23 the program. 

24 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—In 

25 addition to amounts made available under paragraph 


lotter on DSKBCFDHB2PROD with BILLS
646 

•S 2302 RS

1 (1), there is authorized to be appropriated 

2 $30,000,000 out of the general fund of the Treasury 

3 to carry out the program for each of fiscal years 2021 

4 through 2025.’’. 

5 Subtitle B—Planning and 

6 Performance Management 

7 SEC. 1201. TRANSPORTATION PLANNING. 

8 (a) METROPOLITAN TRANSPORTATION PLANNING.— 

9 Section 134 of title 23, United States Code, is amended— 

10 (1) in subsection (d)— 

11 (A) in paragraph (3), by adding at the end 

12 the following: 

13 ‘‘(D) CONSIDERATIONS.—In designating of14 ficials or representatives under paragraph (2) for 

15 the first time, subject to the bylaws or enabling 

16 statute of the metropolitan planning organiza17 tion, the metropolitan planning organization 

18 shall consider the equitable and proportional 

19 representation of the population of the metropoli20 tan planning area.’’; and 

21 (B) in paragraph (7)— 

22 (i) by striking ‘‘an existing metropoli23 tan planning area’’ and inserting ‘‘an ur24 banized area (as defined by the Bureau of 

25 the Census)’’; and 


lotter on DSKBCFDHB2PROD with BILLS
647 

•S 2302 RS

1 (ii) by striking ‘‘the existing metropoli2 tan planning area’’ and inserting ‘‘the 

3 area’’; 

4 (2) in subsection (g)— 

5 (A) in paragraph (1), by striking ‘‘a metro6 politan area’’ and inserting ‘‘an urbanized area 

7 (as defined by the Bureau of the Census)’’; and 

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

9 ‘‘(4) COORDINATION BETWEEN MPOS.—If more 

10 than 1 metropolitan planning organization is des11 ignated within an urbanized area (as defined by the 

12 Bureau of the Census) under subsection (d)(7), the 

13 metropolitan planning organizations designated with14 in the area shall ensure, to the maximum extent prac15 ticable, the consistency of any data used in the plan16 ning process, including information used in fore17 casting travel demand. 

18 ‘‘(5) SAVINGS CLAUSE.—Nothing in this sub19 section requires metropolitan planning organizations 

20 designated within a single urbanized area to jointly 

21 develop planning documents, including a unified 

22 long-range transportation plan or unified TIP.’’; and 

23 (3) in subsection (i)(6), by adding at the end the 

24 following: 


lotter on DSKBCFDHB2PROD with BILLS
648 

•S 2302 RS

1 ‘‘(D) USE OF TECHNOLOGY.—A metropoli2 tan planning organization may use social media 

3 and other web-based tools— 

4 ‘‘(i) to further encourage public par5 ticipation; and 

6 ‘‘(ii) to solicit public feedback during 

7 the transportation planning process.’’. 

8 (b) STATEWIDE AND NONMETROPOLITAN TRANSPOR9 TATION PLANNING.—Section 135(f)(3) of title 23, United 

10 States Code, is amended by adding at the end the following: 

11 ‘‘(C) USE OF TECHNOLOGY.—A State may 

12 use social media and other web-based tools— 

13 ‘‘(i) to further encourage public par14 ticipation; and 

15 ‘‘(ii) to solicit public feedback during 

16 the transportation planning process.’’. 

17 SEC. 1202. FISCAL CONSTRAINT ON LONG-RANGE TRANS18 PORTATION PLANS. 

19 Not later than 1 year after the date of enactment of 

20 this Act, the Secretary shall amend section 

21 450.324(f)(11)(v) of title 23, Code of Federal Regulations, 

22 to ensure that the outer years of a metropolitan transpor23 tation plan are defined as ‘‘beyond the first 4 years’’. 


lotter on DSKBCFDHB2PROD with BILLS
649 

•S 2302 RS

1 SEC. 1203. STATE HUMAN CAPITAL PLANS. 

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

3 Code (as amended by section 1125(c)(1)), is amended by 

4 adding at the end the following: 

5 ‘‘§ 176. State human capital plans 

6 ‘‘(a) IN GENERAL.—Not later than 18 months after the 

7 date of enactment of this section, the Secretary shall encour8 age each State to develop a voluntary plan, to be known 

9 as a ‘human capital plan’, that provides for the immediate 

10 and long-term personnel and workforce needs of the State 

11 with respect to the capacity of the State to deliver transpor12 tation and public infrastructure eligible under this title. 

13 ‘‘(b) PLAN CONTENTS.— 

14 ‘‘(1) IN GENERAL.—A human capital plan devel15 oped by a State under subsection (a) shall, to the 

16 maximum extent practicable, take into consider17 ation— 

18 ‘‘(A) significant transportation workforce 

19 trends, needs, issues, and challenges with respect 

20 to the State; 

21 ‘‘(B) the human capital policies, strategies, 

22 and performance measures that will guide the 

23 transportation-related workforce investment deci24 sions of the State; 

25 ‘‘(C) coordination with educational institu26 tions, industry, organized labor, workforce 


lotter on DSKBCFDHB2PROD with BILLS
650 

•S 2302 RS

1 boards, and other agencies or organizations to 

2 address the human capital transportation needs 

3 of the State; 

4 ‘‘(D) a workforce planning strategy that 

5 identifies current and future human capital 

6 needs, including the knowledge, skills, and abili7 ties needed to recruit and retain skilled workers 

8 in the transportation industry; 

9 ‘‘(E) a human capital management strategy 

10 that is aligned with the transportation mission, 

11 goals, and organizational objectives of the State; 

12 ‘‘(F) an implementation system for work13 force goals focused on addressing continuity of 

14 leadership and knowledge sharing across the 

15 State; 

16 ‘‘(G) an implementation system that ad17 dresses workforce competency gaps, particularly 

18 in mission-critical occupations; 

19 ‘‘(H) in the case of public-private partner20 ships or other alternative project delivery meth21 ods to carry out the transportation program of 

22 the State, a description of workforce needs— 

23 ‘‘(i) to ensure that the transportation 

24 mission, goals, and organizational objectives 

25 of the State are fully carried out; and 


lotter on DSKBCFDHB2PROD with BILLS
651 

•S 2302 RS

1 ‘‘(ii) to ensure that procurement meth2 ods provide the best public value; 

3 ‘‘(I) a system for analyzing and evaluating 

4 the performance of the State department of 

5 transportation with respect to all aspects of 

6 human capital management policies, programs, 

7 and activities; and 

8 ‘‘(J) the manner in which the plan will im9 prove the ability of the State to meet the na10 tional policy in support of performance manage11 ment established under section 150. 

12 ‘‘(2) PLANNING PERIOD.—If a State develops a 

13 human capital plan under subsection (a), the plan 

14 shall address a 5-year forecast period. 

15 ‘‘(c) PLAN UPDATES.—If a State develops a human 

16 capital plan under subsection (a), the State shall update 

17 the plan not less frequently than once every 5 years. 

18 ‘‘(d) RELATIONSHIP TO LONG-RANGE PLAN.— 

19 ‘‘(1) IN GENERAL.—Subject to paragraph (2), a 

20 human capital plan developed by a State under sub21 section (a) may be developed separately from, or in22 corporated into, the long-range statewide transpor23 tation plan required under section 135. 

24 ‘‘(2) EFFECT OF SECTION.—Nothing in this sec25 tion requires a State, or authorizes the Secretary to 


lotter on DSKBCFDHB2PROD with BILLS
652 

•S 2302 RS

1 require a State, to incorporate a human capital plan 

2 into the long-range statewide transportation plan re3 quired under section 135. 

4 ‘‘(e) PUBLIC AVAILABILITY.—Each State that develops 

5 a human capital plan under subsection (a) shall make a 

6 copy of the plan available to the public in a user-friendly 

7 format on the website of the State department of transpor8 tation. 

9 ‘‘(f) SAVINGS PROVISION.—Nothing in this section pre10 vents a State from carrying out transportation workforce 

11 planning— 

12 ‘‘(1) not described in this section; or 

13 ‘‘(2) not in accordance with this section.’’. 

14 (b) CLERICAL AMENDMENT.—The analysis for chapter 

15 1 of title 23, United States Code (as amended by section 

16 1125(c)(2)), is amended by inserting after the item relating 

17 to section 175 the following: 

‘‘176. State human capital plans.’’. 

18 SEC. 1204. ACCESSIBILITY DATA PILOT PROGRAM. 

19 (a) IN GENERAL.—Not later than 1 year after the date 

20 of enactment of this Act, the Secretary shall establish an 

21 accessibility data pilot program (referred to in this section 

22 as the ‘‘pilot program’’). 

23 (b) PURPOSE.—The purpose of the pilot program is 

24 to develop or procure an accessibility data set and make 

25 that data set available to each eligible entity selected to parVerDate Sep 11 2014 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00652 Fmt 6652 Sfmt 6203 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
653 

•S 2302 RS

1 ticipate in the pilot program to improve the transportation 

2 planning of those eligible entities by— 

3 (1) measuring the level of access by multiple 

4 transportation modes to important destinations, 

5 which may include— 

6 (A) jobs, including areas with a concentra7 tion of available jobs; 

8 (B) health care facilities; 

9 (C) child care services; 

10 (D) educational and workforce training fa11 cilities; 

12 (E) affordable housing; 

13 (F) food sources; and 

14 (G) connections between modes, including 

15 connections to— 

16 (i) high-quality transit or rail service; 

17 (ii) safe bicycling corridors; and 

18 (iii) safe sidewalks that achieve com19 pliance with applicable requirements of the 

20 Americans with Disabilities Act of 1990 (42 

21 U.S.C. 12101 et seq.); 

22 (2) disaggregating the level of access by multiple 

23 transportation modes by a variety of population cat24 egories, which may include— 

25 (A) low-income populations; 


lotter on DSKBCFDHB2PROD with BILLS
654 

•S 2302 RS

1 (B) minority populations; 

2 (C) age; 

3 (D) disability; and 

4 (E) geographical location; and 

5 (3) assessing the change in accessibility that 

6 would result from new transportation investments. 

7 (c) ELIGIBLE ENTITIES.—An entity eligible to partici8 pate in the pilot program is— 

9 (1) a State (as defined in section 101(a) of title 

10 23, United States Code); 

11 (2) a metropolitan planning organization; or 

12 (3) a rural transportation planning organiza13 tion. 

14 (d) APPLICATION.—To be eligible to participate in the 

15 pilot program, an eligible entity shall submit to the Sec16 retary an application at such time, in such manner, and 

17 containing such information as the Secretary may require, 

18 including information relating to— 

19 (1) previous experience of the eligible entity 

20 measuring transportation access or other performance 

21 management experience; 

22 (2) the types of important destinations to which 

23 the eligible entity intends to measure access; 

24 (3) the types of data disaggregation the eligible 

25 entity intends to pursue; 


lotter on DSKBCFDHB2PROD with BILLS
655 

•S 2302 RS

1 (4) a general description of the methodology the 

2 eligible entity intends to apply; and 

3 (5) if the applicant does not intend the pilot pro4 gram to apply to the full area under the jurisdiction 

5 of the applicant, a description of the geographic area 

6 in which the applicant intends the pilot program to 

7 apply. 

8 (e) SELECTION.— 

9 (1) IN GENERAL.—The Secretary shall seek to 

10 achieve diversity of participants in the pilot program 

11 by selecting a range of eligible entities that shall in12 clude— 

13 (A) States; 

14 (B) metropolitan planning organizations 

15 that serve an area with a population of 200,000 

16 people or fewer; 

17 (C) metropolitan planning organizations 

18 that serve an area with a population of over 

19 200,000 people; and 

20 (D) rural transportation planning organi21 zations. 

22 (2) INCLUSIONS.—The Secretary shall seek to en23 sure that, among the eligible entities selected under 

24 paragraph (1), there is— 


lotter on DSKBCFDHB2PROD with BILLS
656 

•S 2302 RS

1 (A) a range of capacity and previous expe2 rience with measuring transportation access; and 

3 (B) a variety of proposed methodologies and 

4 focus areas for measuring level of access. 

5 (f) DUTIES.—For each eligible entity participating in 

6 the pilot program, the Secretary shall— 

7 (1) develop or acquire an accessibility data set 

8 described in subsection (b); and 

9 (2) submit the data set to the eligible entity. 

10 (g) METHODOLOGY.—In calculating the measures for 

11 the data set under the pilot program, the Secretary shall 

12 ensure that methodology is open source. 

13 (h) AVAILABILITY.—The Secretary shall make an ac14 cessibility data set under the pilot program available to— 

15 (1) units of local government within the jurisdic16 tion of the eligible entity participating in the pilot 

17 program; and 

18 (2) researchers. 

19 (i) REPORT.—Not later than 120 days after the last 

20 date on which the Secretary submits data sets to the eligible 

21 entity under subsection (f), the Secretary shall submit to 

22 Congress a report on the results of the program, including 

23 the feasibility of developing and providing periodic accessi24 bility data sets for all States, regions, and localities. 


lotter on DSKBCFDHB2PROD with BILLS
657 

•S 2302 RS

1 (j) FUNDING.—The Secretary shall carry out the pilot 

2 program using amounts made available to the Secretary for 

3 administrative expenses to carry out programs under the 

4 authority of the Secretary. 

5 (k) SUNSET.—The pilot program shall terminate on 

6 the date that is 8 years after the date on which the pilot 

7 program is implemented. 

8 SEC. 1205. PRIORITIZATION PROCESS PILOT PROGRAM. 

9 (a) DEFINITIONS.—In this section: 

10 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti11 ty’’ means— 

12 (A) a metropolitan planning organization 

13 that serves an area with a population of over 

14 200,000; and 

15 (B) a State. 

16 (2) METROPOLITAN PLANNING ORGANIZATION.— 

17 The term ‘‘metropolitan planning organization’’ has 

18 the meaning given the term in section 134(b) of title 

19 23, United States Code. 

20 (3) PRIORITIZATION PROCESS PILOT PRO21 GRAM.—The term ‘‘prioritization process pilot pro22 gram’’ means the pilot program established under 

23 subsection (b)(1). 

24 (b) ESTABLISHMENT.— 


lotter on DSKBCFDHB2PROD with BILLS
658 

•S 2302 RS

1 (1) IN GENERAL.—The Secretary shall establish, 

2 and solicit applications for a prioritization process 

3 pilot program. 

4 (2) PURPOSE.—The purpose of the prioritization 

5 process pilot program shall be to support data-driven 

6 approaches to planning that, on completion, can be 

7 evaluated for public benefit. 

8 (c) PILOT PROGRAM ADMINISTRATION.— 

9 (1) IN GENERAL.—An eligible entity partici10 pating in the prioritization process pilot program 

11 shall— 

12 (A) use priority objectives that are devel13 oped— 

14 (i) in the case of an urbanized area 

15 with a population of over 200,000, by the 

16 metropolitan planning organization that 

17 serves the area, in consultation with the 

18 State; 

19 (ii) in the case of an urbanized area 

20 with a population of 200,000 or fewer, by 

21 the State in consultation with all metropoli22 tan planning organizations in the State; 

23 and 

24 (iii) through a public process that pro25 vides an opportunity for public input; 


lotter on DSKBCFDHB2PROD with BILLS
659 

•S 2302 RS

1 (B) assess and score projects and strategies 

2 on the basis of— 

3 (i) the contribution and benefits of the 

4 project or strategy to each priority objective 

5 developed under subparagraph (A); 

6 (ii) the cost of the project or strategy 

7 relative to the contribution and benefits as8 sessed and scored under clause (i); and 

9 (iii) public support; 

10 (C) use the scores assigned under subpara11 graph (B) to guide project selection in the devel12 opment of the transportation plan and transpor13 tation improvement program; and 

14 (D) ensure that the public— 

15 (i) has opportunities to provide public 

16 comment on projects before decisions are 

17 made on the transportation plan and the 

18 transportation improvement program; and 

19 (ii) has access to clear reasons why 

20 each project or strategy was selected or not 

21 selected. 

22 (2) REQUIREMENTS.—An eligible entity that re23 ceives a grant under the prioritization process pilot 

24 program shall use the funds as described in each of 

25 the following, as applicable: 


lotter on DSKBCFDHB2PROD with BILLS
660 

•S 2302 RS

1 (A) METROPOLITAN TRANSPORTATION PLAN2 NING.—In the case of a metropolitan planning 

3 organization that serves an area with a popu4 lation of over 200,000, the entity shall— 

5 (i) develop and implement a publicly 

6 accessible, transparent prioritization proc7 ess for the selection of projects for inclusion 

8 on the transportation plan for the metro9 politan planning area under section 134(i) 

10 of title 23, United States Code, and section 

11 5303(i) of title 49, United States Code, 

12 which shall— 

13 (I) include criteria identified by 

14 the metropolitan planning organiza15 tion, which may be weighted to reflect 

16 the priority objectives developed under 

17 paragraph (1)(A), that the metropoli18 tan planning organization has deter19 mined support— 

20 (aa) factors described in sec21 tion 134(h) of title 23, United 

22 States Code, and section 5303(h) 

23 of title 49, United States Code; 

24 (bb) targets for national per25 formance measures under section 


lotter on DSKBCFDHB2PROD with BILLS
661 

•S 2302 RS

1 150(b) of title 23, United States 

2 Code; 

3 (cc) applicable transpor4 tation goals in the metropolitan 

5 planning area or State set by the 

6 applicable transportation agency; 

7 and 

8 (dd) priority objectives devel9 oped under paragraph (1)(A); 

10 (II) evaluate the outcomes for each 

11 proposed project on the basis of the 

12 benefits of the proposed project with re13 spect to each of the criteria described 

14 in subclause (I) relative to the cost of 

15 the proposed project; and 

16 (III) use the evaluation under 

17 subclause (II) to create a ranked list of 

18 proposed projects; and 

19 (ii) with respect to the priority list 

20 under section 134(j)(2)(A) of title 23 and 

21 section 5303(j)(2)(A) of title 49, United 

22 States Code, include projects according to 

23 the rank of the project under clause (i)(III), 

24 except as provided in subparagraph (D). 


lotter on DSKBCFDHB2PROD with BILLS
662 

•S 2302 RS

1 (B) STATEWIDE TRANSPORTATION PLAN2 NING.—In the case of a State, the State shall— 

3 (i) develop and implement a publicly 

4 accessible, transparent process for the selec5 tion of projects for inclusion on the long6 range statewide transportation plan under 

7 section 135(f) of title 23, United States 

8 Code, which shall— 

9 (I) include criteria identified by 

10 the State, which may be weighted to re11 flect statewide priorities, that the State 

12 has determined support— 

13 (aa) factors described in sec14 tion 135(d) of title 23, United 

15 States Code, and section 5304(d) 

16 of title 49, United States Code; 

17 (bb) national transportation 

18 goals under section 150(b) of title 

19 23, United States Code; 

20 (cc) applicable transpor21 tation goals in the State; and 

22 (dd) the priority objectives 

23 developed under paragraph 

24 (1)(A); 


lotter on DSKBCFDHB2PROD with BILLS
663 

•S 2302 RS

1 (II) evaluate the outcomes for each 

2 proposed project on the basis of the 

3 benefits of the proposed project with re4 spect to each of the criteria described 

5 in subclause (I) relative to the cost of 

6 the proposed project; and 

7 (III) use the evaluation under 

8 subclause (II) to create a ranked list of 

9 proposed projects; and 

10 (ii) with respect to the statewide trans11 portation improvement program under sec12 tion 135(g) of title 23, United States Code, 

13 and section 5304(g) of title 49, United 

14 States Code, include projects according to 

15 the rank of the project under clause (i)(III), 

16 except as provided in subparagraph (D). 

17 (C) ADDITIONAL TRANSPORTATION PLAN18 NING.—If the eligible entity has implemented, 

19 and has in effect, the requirements under sub20 paragraph (A) or (B), as applicable, the eligible 

21 entity may use any remaining funds from a 

22 grant provided under the pilot program for any 

23 transportation planning purpose. 

24 (D) EXCEPTIONS TO PRIORITY RANKING.— 

25 In the case of any project that the eligible entity 


lotter on DSKBCFDHB2PROD with BILLS
664 

•S 2302 RS

1 chooses to include or not include in the transpor2 tation improvement program under section 

3 134(j) of title 23, United States Code, or the 

4 statewide transportation improvement program 

5 under section 135(g) of title 23, United States 

6 Code, as applicable, in a manner that is con7 trary to the priority ranking for that project es8 tablished under subparagraph (A)(i)(III) or 

9 (B)(i)(III), the eligible entity shall make publicly 

10 available an explanation for the decision, includ11 ing— 

12 (i) a review of public comments re13 garding the project; 

14 (ii) an evaluation of public support for 

15 the project; 

16 (iii) an assessment of geographic bal17 ance of projects of the eligible entity; and 

18 (iv) the number of projects of the eligi19 ble entity in economically distressed areas. 

20 (3) MAXIMUM AMOUNT.—The maximum amount 

21 of a grant under the prioritization process pilot pro22 gram is $2,000,000. 

23 (d) APPLICATIONS.—To be eligible to participate in 

24 the prioritization process pilot program, an eligible entity 

25 shall submit to the Secretary an application at such time, 


lotter on DSKBCFDHB2PROD with BILLS
665 

•S 2302 RS

1 in such manner, and containing such information as the 

2 Secretary may require. 

3 SEC. 1206. EXEMPTIONS FOR LOW POPULATION DENSITY 

4 STATES. 

5 Section 150 of title 23, United States Code, is amended 

6 by adding at the end the following: 

7 ‘‘(f) EXEMPTIONS FOR LOW POPULATION DENSITY

8 STATES.— 

9 ‘‘(1) IN GENERAL.—The Secretary shall grant, 

10 on the election of and in consultation with a State, 

11 an exemption from 1 or more of the requirements de12 scribed in paragraph (2)(A) if the State— 

13 ‘‘(A) is on the list of eligible States under 

14 paragraph (5) for the applicable performance pe15 riod; and 

16 ‘‘(B) provides a written notice of the elec17 tion that includes an explanation under para18 graph (4)(A). 

19 ‘‘(2) REQUIREMENTS DESCRIBED.— 

20 ‘‘(A) STATE REQUIREMENTS.—The require21 ments from which a State described in para22 graph (1) may elect an exemption are— 

23 ‘‘(i) requirements established under 

24 subclauses (IV) and (V) of subsection 

25 (c)(3)(A)(ii); 


lotter on DSKBCFDHB2PROD with BILLS
666 

•S 2302 RS

1 ‘‘(ii) requirements established under 

2 subsection (c)(5)(A); 

3 ‘‘(iii) requirements established under 

4 subsection (c)(6); and 

5 ‘‘(iv) targeting, data, reporting, or ad6 ministrative requirements established under 

7 subsections (d) and (e) that are related to a 

8 requirement described in clause (i), (ii), or 

9 (iii) from which the State elects to receive 

10 an exemption. 

11 ‘‘(B) METROPOLITAN PLANNING ORGANIZA12 TION REQUIREMENTS.—A metropolitan planning 

13 organization with a metropolitan planning area 

14 that is located entirely within a State that is ex15 empt shall be exempt from the requirements 

16 under section 134(h)(2)(B) that relate to each 

17 measure described in subparagraph (A) from 

18 which the State of the metropolitan planning or19 ganization is exempt. 

20 ‘‘(3) TERM.—An exemption applied under para21 graph (1) — 

22 ‘‘(A) shall be in effect until the date that is 

23 4 years after the date on which the performance 

24 period promulgated by the Secretary under subVerDate Sep 11 2014 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00666 Fmt 6652 Sfmt 6203 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
667 

•S 2302 RS

1 section (d) in effect at the time the exemption is 

2 applied ends; and 

3 ‘‘(B) may be renewed by the State for an 

4 additional 4-year term at the end of each per5 formance period if, in accordance with para6 graph (4)— 

7 ‘‘(i) the State submits another written 

8 explanation; and 

9 ‘‘(ii) the State continues to be included 

10 on the list of eligible States under para11 graph (5). 

12 ‘‘(4) NOTIFICATION OF ELECTION OF EXEMP13 TION.— 

14 ‘‘(A) IN GENERAL.—To be eligible to make 

15 an election under paragraph (1), not later than 

16 September 1 of the calendar year preceding the 

17 calendar year in which the next performance pe18 riod promulgated by the Secretary under sub19 section (d) begins, a State described in that 

20 paragraph— 

21 ‘‘(i) shall submit to the Secretary— 

22 ‘‘(I) identification of the 1 or 

23 more requirements described in para24 graph (2)(A) for which an exemption 

25 is elected; and 


lotter on DSKBCFDHB2PROD with BILLS
668 

•S 2302 RS

1 ‘‘(II) a written notice that in2 cludes an explanation advising the 

3 Secretary that the State is not experi4 encing significant performance issues 

5 on the surface transportation system of 

6 the State with respect to each require7 ment referred to in subclause (I); and 

8 ‘‘(ii) may submit to the Secretary any 

9 other information or material that the State 

10 chooses to include in the notice. 

11 ‘‘(B) SPECIAL RULE.—Notwithstanding the 

12 deadline described in subparagraph (A), a State 

13 described in paragraph (1) may submit a notice 

14 under subparagraph (A) at any time before Sep15 tember 1, 2021. 

16 ‘‘(5) ELIGIBLE STATES.— 

17 ‘‘(A) IN GENERAL.—Not later than 60 days 

18 after the date of enactment of this subsection and 

19 thereafter, on each September 1 of the calendar 

20 year 2 years prior to the calendar year in which 

21 the next performance period promulgated by the 

22 Secretary under subsection (d) begins, the Sec23 retary shall publish a list of States that may 

24 elect to receive an exemption from a requirement 

25 described in paragraph (2)(A). 


lotter on DSKBCFDHB2PROD with BILLS
669 

•S 2302 RS

1 ‘‘(B) INCLUSIONS.—The Secretary shall in2 clude on the list under subparagraph (A)— 

3 ‘‘(i) any State that— 

4 ‘‘(I) has a population per square 

5 mile of area that is less than the popu6 lation per square mile of area of the 

7 United States, based on the latest 

8 available Bureau of the Census data at 

9 the time the Secretary publishes the 

10 list; 

11 ‘‘(II) does not include an urban12 ized area with a population of over 

13 200,000 within the State; and 

14 ‘‘(III) has no repeated delays or 

15 other persistent impediments to travel 

16 reliability on the portions of the Na17 tional Highway System in the State 

18 that the Secretary determines to be ex19 cessive; and 

20 ‘‘(ii) based on the latest available Bu21 reau of the Census data at the time the Sec22 retary publishes the list, any State that— 

23 ‘‘(I) has a population density of 

24 less than 15 persons per square mile of 

25 area; and 


lotter on DSKBCFDHB2PROD with BILLS
670 

•S 2302 RS

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 para7 graph (5), the Secretary shall submit to the Com8 mittee on Environment and Public Works of the 

9 Senate and the Committee on Transportation 

10 and Infrastructure of the House of Representa11 tives a report on the status of traffic congestion, 

12 travel reliability, truck travel reliability, and 

13 any other relevant performance metrics on the 

14 portions of the National Highway System in the 

15 State, including any delays or impediments that 

16 the Secretary determines to be excessive. 

17 ‘‘(B) EXEMPT STATES.—For each eligible 

18 State under paragraph (5) that elects to receive 

19 an exemption under paragraph (1), the Sec20 retary shall— 

21 ‘‘(i) submit to the Committee on Envi22 ronment and Public Works of the Senate 

23 and the Committee on Transportation and 

24 Infrastructure of the House of Representa25 tives a report on the results of performance 


lotter on DSKBCFDHB2PROD with BILLS
671 

•S 2302 RS

1 measures for all exemptions applied to that 

2 State under this subsection; and 

3 ‘‘(ii) make publicly available as part of 

4 the State performance dashboard on the De5 partment of Transportation website infor6 mation on the performance of the State with 

7 respect to any requirements from which the 

8 State is exempt.’’. 

9 SEC. 1207. TRAVEL DEMAND DATA AND MODELING. 

10 (a) DEFINITION OF METROPOLITAN PLANNING ORGA11 NIZATION.—In this section, the term ‘‘metropolitan plan12 ning organization’’ has the meaning given the term in sec13 tion 134(b) of title 23, United States Code. 

14 (b) STUDY.— 

15 (1) IN GENERAL.—Not later than 2 years after 

16 the date of enactment of this Act, and not less fre17 quently than once every 5 years thereafter, the Sec18 retary shall carry out a study that— 

19 (A) gathers travel data and travel demand 

20 forecasts from a representative sample of States 

21 and metropolitan planning organizations; 

22 (B) uses the data and forecasts gathered 

23 under subparagraph (A) to compare travel de24 mand forecasts with the observed data, includ25 ing— 


lotter on DSKBCFDHB2PROD with BILLS
672 

•S 2302 RS

1 (i) traffic counts; 

2 (ii) travel mode share and public tran3 sit ridership; and 

4 (iii) vehicle occupancy measures; and 

5 (C) uses the information described in sub6 paragraphs (A) and (B)— 

7 (i) to develop best practices or guid8 ance for States and metropolitan planning 

9 organizations to use in forecasting travel 

10 demand for future investments in transpor11 tation improvements; 

12 (ii) to evaluate the impact of transpor13 tation investments, including new roadway 

14 capacity, on travel behavior and travel de15 mand, including public transportation rid16 ership, induced highway travel, and conges17 tion; 

18 (iii) to support more accurate travel 

19 demand forecasting by States and metro20 politan planning organizations; and 

21 (iv) to enhance the capacity of States 

22 and metropolitan planning organizations— 

23 (I) to forecast travel demand; and 

24 (II) to track observed travel be25 havior responses, including induced 


lotter on DSKBCFDHB2PROD with BILLS
673 

•S 2302 RS

1 travel, to changes in transportation ca2 pacity, pricing, and land use patterns. 

3 (2) SECRETARIAL SUPPORT.—The Secretary 

4 shall seek opportunities to support the transportation 

5 planning processes under sections 134 and 135 of title 

6 23, United States Code, through the provision of data 

7 to States and metropolitan planning organizations to 

8 improve the quality of plans, models, and forecasts 

9 described in this subsection. 

10 (3) EVALUATION TOOL.—The Secretary shall de11 velop a publicly available multimodal web-based tool 

12 for the purpose of enabling States and metropolitan 

13 planning organizations to evaluate the effect of invest14 ments in highway and public transportation projects 

15 on the use and conditions of all transportation assets 

16 within the State or area served by the metropolitan 

17 planning organization, as applicable. 

18 SEC. 1208. INCREASING SAFE AND ACCESSIBLE TRANSPOR19 TATION OPTIONS. 

20 (a) DEFINITION OF COMPLETE STREETS STANDARDS

21 OR POLICIES.—In this section, the term ‘‘Complete Streets 

22 standards or policies’’ means standards or policies that en23 sure the safe and adequate accommodation of all users of 

24 the transportation system, including pedestrians, bicyclists, 


lotter on DSKBCFDHB2PROD with BILLS
674 

•S 2302 RS

1 public transportation users, children, older individuals, in2 dividuals with disabilities, motorists, and freight vehicles. 

3 (b) FUNDING REQUIREMENT.—Notwithstanding any 

4 other provision of law, each State and metropolitan plan5 ning organization shall use to carry out 1 or more activities 

6 described in subsection (c)— 

7 (1) in the case of a State, not less than 2.5 per8 cent of the amounts made available to the State to 

9 carry out section 505 of title 23, United States Code; 

10 and 

11 (2) in the case of a metropolitan planning orga12 nization, not less than 2.5 percent of the amounts 

13 made available to the metropolitan planning organi14 zation under section 104(d) of title 23, United States 

15 Code. 

16 (c) ACTIVITIES DESCRIBED.—An activity referred to 

17 in subsection (b) is an activity to increase safe and acces18 sible options for multiple travel modes for people of all ages 

19 and abilities, which, if permissible under applicable State 

20 and local laws, may include— 

21 (1) adoption of Complete Streets standards or 

22 policies; 

23 (2) development of a Complete Streets 

24 prioritization plan that identifies a specific list of 


lotter on DSKBCFDHB2PROD with BILLS
675 

•S 2302 RS

1 Complete Streets projects to improve the safety, mobil2 ity, or accessibility of a street; 

3 (3) development of transportation plans— 

4 (A) to create a network of active transpor5 tation facilities, including sidewalks, bikeways, 

6 or pedestrian and bicycle trails, to connect 

7 neighborhoods with destinations such as work8 places, schools, residences, businesses, recreation 

9 areas, healthcare and child care services, or other 

10 community activity centers; 

11 (B) to integrate active transportation facili12 ties with public transportation service or im13 prove access to public transportation; 

14 (C) to create multiuse active transportation 

15 infrastructure facilities, including bikeways or 

16 pedestrian and bicycle trails, that make connec17 tions within or between communities; 

18 (D) to increase public transportation rider19 ship; and 

20 (E) to improve the safety of bicyclists and 

21 pedestrians; 

22 (4) regional and megaregional planning to ad23 dress travel demand and capacity constraints through 

24 alternatives to new highway capacity, including 

25 through intercity passenger rail; and 


lotter on DSKBCFDHB2PROD with BILLS
676 

•S 2302 RS

1 (5) development of transportation plans and 

2 policies that support transit-oriented development. 

3 (d) FEDERAL SHARE.—The Federal share of the cost 

4 of an activity carried out under this section shall be 100 

5 percent. 

6 Subtitle C—Project Delivery and 

7 Process Improvement 

8 SEC. 1301. EFFICIENT ENVIRONMENTAL REVIEWS FOR 

9 PROJECT DECISIONMAKING AND ONE FED10 ERAL DECISION. 

11 (a) IN GENERAL.—Section 139 of title 23, United 

12 States Code, is amended— 

13 (1) in the section heading, by striking ‘‘deci14 sionmaking’’ and inserting ‘‘decisionmaking 

15 and One Federal Decision’’; 

16 (2) in subsection (a)— 

17 (A) by redesignating paragraphs (2) 

18 through (8) as paragraphs (4), (5), (6), (8), (9), 

19 (10), and (11), respectively; 

20 (B) by inserting after paragraph (1) the fol21 lowing: 

22 ‘‘(2) AUTHORIZATION.—The term ‘authorization’ 

23 means any environmental license, permit, approval, 

24 finding, or other administrative decision related to 

25 the environmental review process that is required 


lotter on DSKBCFDHB2PROD with BILLS
677 

•S 2302 RS

1 under Federal law to site, construct, or reconstruct a 

2 project. 

3 ‘‘(3) ENVIRONMENTAL DOCUMENT.—The term 

4 ‘environmental document’ includes an environmental 

5 assessment, finding of no significant impact, notice of 

6 intent, environmental impact statement, or record of 

7 decision under the National Environmental Policy 

8 Act of 1969 (42 U.S.C. 4321 et seq.).’’; 

9 (C) in subparagraph (B) of paragraph (5) 

10 (as so redesignated), by striking ‘‘process for and 

11 completion of any environmental permit’’ and 

12 inserting ‘‘process and schedule, including a 

13 timetable for and completion of any environ14 mental permit’’; and 

15 (D) by inserting after paragraph (6) (as so 

16 redesignated) the following: 

17 ‘‘(7) MAJOR PROJECT.— 

18 ‘‘(A) IN GENERAL.—The term ‘major 

19 project’ means a project for which— 

20 ‘‘(i) multiple permits, approvals, re21 views, or studies are required under a Fed22 eral law other than the National Environ23 mental Policy Act of 1969 (42 U.S.C. 4321 

24 et seq.); 


lotter on DSKBCFDHB2PROD with BILLS
678 

•S 2302 RS

1 ‘‘(ii) the project sponsor has identified 

2 the reasonable availability of funds suffi3 cient to complete the project; 

4 ‘‘(iii) the project is not a covered 

5 project (as defined in section 41001 of the 

6 FAST Act (42 U.S.C. 4370m)); and 

7 ‘‘(iv)(I) the head of the lead agency has 

8 determined that an environmental impact 

9 statement is required; or 

10 ‘‘(II) the head of the lead agency has 

11 determined that an environmental assess12 ment is required, and the project sponsor re13 quests that the project be treated as a major 

14 project. 

15 ‘‘(B) CLARIFICATION.—In this section, the 

16 term ‘major project’ does not have the same 

17 meaning as the term ‘major project’ as described 

18 in section 106(h).’’; 

19 (3) in subsection (b)(1)— 

20 (A) by inserting ‘‘, including major 

21 projects,’’ after ‘‘all projects’’; and 

22 (B) by inserting ‘‘as requested by a project 

23 sponsor and’’ after ‘‘applied,’’; 

24 (4) in subsection (c)— 

25 (A) in paragraph (6)— 


lotter on DSKBCFDHB2PROD with BILLS
679 

•S 2302 RS

1 (i) in subparagraph (B), by striking 

2 ‘‘and’’ at the end; 

3 (ii) in subparagraph (C), by striking 

4 the period at the end and inserting ‘‘; and’’; 

5 and 

6 (iii) by adding at the end the fol7 lowing: 

8 ‘‘(D) to calculate annually the average time 

9 taken by the lead agency to complete all environ10 mental documents for each project during the 

11 previous fiscal year’’; and 

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

13 ‘‘(7) PROCESS IMPROVEMENTS FOR PROJECTS.— 

14 ‘‘(A) IN GENERAL.—The Secretary shall re15 view— 

16 ‘‘(i) existing practices, procedures, 

17 rules, regulations, and applicable laws to 

18 identify impediments to meeting the re19 quirements applicable to projects under this 

20 section; and 

21 ‘‘(ii) best practices, programmatic 

22 agreements, and potential changes to inter23 nal departmental procedures that would fa24 cilitate an efficient environmental review 

25 process for projects. 


lotter on DSKBCFDHB2PROD with BILLS
680 

•S 2302 RS

1 ‘‘(B) CONSULTATION.—In conducting the 

2 review under subparagraph (A), the Secretary 

3 shall consult, as appropriate, with the heads of 

4 other Federal agencies that participate in the en5 vironmental review process. 

6 ‘‘(C) REPORT.—Not later than 2 years after 

7 the date of enactment of the America’s Transpor8 tation Infrastructure Act of 2019, the Secretary 

9 shall submit to the Committee on Environment 

10 and Public Works of the Senate and the Com11 mittee on Transportation and Infrastructure of 

12 the House of Representatives a report that in13 cludes— 

14 ‘‘(i) the results of the review under sub15 paragraph (A); and 

16 ‘‘(ii) an analysis of whether additional 

17 funding would help the Secretary meet the 

18 requirements applicable to projects under 

19 this section.’’; 

20 (5) in subsection (d)— 

21 (A) in paragraph (8)— 

22 (i) in the paragraph heading, by strik23 ing ‘‘NEPA’’ and inserting ‘‘ENVIRON24 MENTAL’’; 

25 (ii) in subparagraph (A)— 


lotter on DSKBCFDHB2PROD with BILLS
681 

•S 2302 RS

1 (I) by inserting ‘‘and except as 

2 provided in subparagraph (D)’’ after 

3 ‘‘paragraph (7)’’; 

4 (II) by striking ‘‘permits’’ and in5 serting ‘‘authorizations’’; and 

6 (III) by striking ‘‘single environ7 ment document’’ and inserting ‘‘single 

8 environmental document for each kind 

9 of environmental document’’; 

10 (iii) in subparagraph (B)(i)— 

11 (I) by striking ‘‘an environmental 

12 document’’ and inserting ‘‘environ13 mental documents’’; and 

14 (II) by striking ‘‘permits issued’’ 

15 and inserting ‘‘authorizations’’; and 

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

17 ‘‘(D) EXCEPTIONS.—The lead agency may 

18 waive the application of subparagraph (A) with 

19 respect to a project if— 

20 ‘‘(i) the project sponsor requests that 

21 agencies issue separate environmental docu22 ments; 

23 ‘‘(ii) the obligations of a cooperating 

24 agency or participating agency under the 

25 National Environmental Policy Act of 1969 


lotter on DSKBCFDHB2PROD with BILLS
682 

•S 2302 RS

1 (42 U.S.C. 4321 et seq.) have already been 

2 satisfied with respect to the project; or 

3 ‘‘(iii) the lead agency determines that 

4 reliance on a single environmental docu5 ment (as described in subparagraph (A)) 

6 would not facilitate timely completion of the 

7 environmental review process for the 

8 project.’’; and 

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

10 ‘‘(10) TIMELY AUTHORIZATIONS FOR MAJOR

11 PROJECTS.— 

12 ‘‘(A) DEADLINE.—Except as provided in 

13 subparagraph (C), all authorization decisions 

14 necessary for the construction of a major project 

15 shall be completed by not later than 90 days 

16 after the date of the issuance of a record of deci17 sion for the major project. 

18 ‘‘(B) DETAIL.—The final environmental 

19 impact statement for a major project shall in20 clude an adequate level of detail to inform deci21 sions necessary for the role of the participating 

22 agencies in the environmental review process. 

23 ‘‘(C) EXTENSION OF DEADLINE.—The head 

24 of the lead agency may extend the deadline under 

25 subparagraph (A) if— 


lotter on DSKBCFDHB2PROD with BILLS
683 

•S 2302 RS

1 ‘‘(i) Federal law prohibits the lead 

2 agency or another agency from issuing an 

3 approval or permit within the period de4 scribed in that subparagraph; 

5 ‘‘(ii) the project sponsor requests that 

6 the permit or approval follow a different 

7 timeline; or 

8 ‘‘(iii) an extension would facilitate 

9 completion of the environmental review and 

10 authorization process of the major project.’’; 

11 (6) in subsection (g)(1)— 

12 (A) in subparagraph (B)— 

13 (i) in clause (ii)(IV), by striking 

14 ‘‘schedule for and cost of’’ and inserting 

15 ‘‘time required by an agency to conduct an 

16 environmental review and make decisions 

17 under applicable Federal law relating to a 

18 project (including the issuance or denial of 

19 a permit or license) and the cost of’’; and 

20 (ii) by adding at the end the following: 

21 ‘‘(iii) MAJOR PROJECT SCHEDULE.— 

22 To the maximum extent practicable and 

23 consistent with applicable Federal law, in 

24 the case of a major project, the lead agency 

25 shall develop, in concurrence with the 


lotter on DSKBCFDHB2PROD with BILLS
684 

•S 2302 RS

1 project sponsor, a schedule for the major 

2 project that is consistent with an agency av3 erage of not more than 2 years for the com4 pletion of the environmental review process 

5 for major projects, as measured from, as ap6 plicable— 

7 ‘‘(I) the date of publication of a 

8 notice of intent to prepare an environ9 mental impact statement to the record 

10 of decision; or 

11 ‘‘(II) the date on which the head 

12 of the lead agency determines that an 

13 environmental assessment is required 

14 to a finding of no significant impact.’’; 

15 (B) by striking subparagraph (D) and in16 serting the following: 

17 ‘‘(D) MODIFICATION.— 

18 ‘‘(i) IN GENERAL.—Except as provided 

19 in clause (ii), the lead agency may lengthen 

20 or shorten a schedule established under sub21 paragraph (B) for good cause. 

22 ‘‘(ii) EXCEPTIONS.— 

23 ‘‘(I) MAJOR PROJECTS.—In the 

24 case of a major project, the lead agency 

25 may lengthen a schedule under clause 


lotter on DSKBCFDHB2PROD with BILLS
685 

•S 2302 RS

1 (i) for a cooperating Federal agency by 

2 not more than 1 year after the latest 

3 deadline established for the major 

4 project by the lead agency. 

5 ‘‘(II) SHORTENED SCHEDULES.— 

6 The lead agency may not shorten a 

7 schedule under clause (i) if doing so 

8 would impair the ability of a cooper9 ating Federal agency to conduct nec10 essary analyses or otherwise carry out 

11 relevant obligations of the Federal 

12 agency for the project.’’; 

13 (C) by redesignating subparagraph (E) as 

14 subparagraph (F); and 

15 (D) by inserting after subparagraph (D) the 

16 following: 

17 ‘‘(E) FAILURE TO MEET DEADLINE.—If a 

18 cooperating Federal agency fails to meet a dead19 line established under subparagraph (D)(ii)(I)— 

20 ‘‘(i) the cooperating Federal agency 

21 shall submit to the Secretary a report that 

22 describes the reasons why the deadline was 

23 not met; and 

24 ‘‘(ii) the Secretary shall— 


lotter on DSKBCFDHB2PROD with BILLS
686 

•S 2302 RS

1 ‘‘(I) transmit to the Committee on 

2 Environment and Public Works of the 

3 Senate and the Committee on Trans4 portation and Infrastructure of the 

5 House of Representatives a copy of the 

6 report under clause (i); and 

7 ‘‘(II) make the report under clause 

8 (i) publicly available on the internet.’’; 

9 and 

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

11 ‘‘(p) ACCOUNTABILITY AND REPORTING FOR MAJOR

12 PROJECTS.— 

13 ‘‘(1) IN GENERAL.—The Secretary shall establish 

14 a performance accountability system to track each 

15 major project. 

16 ‘‘(2) REQUIREMENTS.—The performance ac17 countability system under paragraph (1) shall, for 

18 each major project, track, at a minimum— 

19 ‘‘(A) the environmental review process for 

20 the major project, including the project schedule; 

21 ‘‘(B) whether the lead agency, cooperating 

22 agencies, and participating agencies are meeting 

23 the schedule established for the environmental re24 view process; and 


lotter on DSKBCFDHB2PROD with BILLS
687 

•S 2302 RS

1 ‘‘(C) the time taken to complete the environ2 mental review process. 

3 ‘‘(q) DEVELOPMENT OF CATEGORICAL EXCLUSIONS.— 

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

5 the date of enactment of this subsection, the Secretary 

6 shall— 

7 ‘‘(A) in consultation with the agencies de8 scribed in paragraph (2), identify the categorical 

9 exclusions described in section 771.117 of title 

10 23, Code of Federal Regulations (or successor 

11 regulations), that would accelerate delivery of a 

12 project if those categorical exclusions were avail13 able to those agencies; 

14 ‘‘(B) collect existing documentation and 

15 substantiating information on the categorical ex16 clusions described in subparagraph (A); and 

17 ‘‘(C) provide to each agency described in 

18 paragraph (2) a list of the categorical exclusions 

19 identified under subparagraph (A) and the docu20 mentation and substantiating information under 

21 subparagraph (B). 

22 ‘‘(2) AGENCIES DESCRIBED.—The agencies re23 ferred to in paragraph (1) are— 

24 ‘‘(A) the Department of the Interior; 

25 ‘‘(B) the Department of the Army; 


lotter on DSKBCFDHB2PROD with BILLS
688 

•S 2302 RS

1 ‘‘(C) the Department of Commerce; 

2 ‘‘(D) the Department of Agriculture; 

3 ‘‘(E) the Department of Energy; 

4 ‘‘(F) the Department of Defense; and 

5 ‘‘(G) any other Federal agency that has 

6 participated in an environmental review process 

7 for a project, as determined by the Secretary. 

8 ‘‘(3) ADOPTION OF CATEGORICAL EXCLUSIONS.— 

9 ‘‘(A) IN GENERAL.—Not later than 1 year 

10 after the date on which the Secretary provides 

11 the list under paragraph (1)(C), an agency de12 scribed in paragraph (2) shall publish a notice 

13 of proposed rulemaking to propose any categor14 ical exclusions from the list applicable to the 

15 agency, subject to the condition that the categor16 ical exclusion identified under paragraph (1)(A) 

17 meets the criteria for a categorical exclusion 

18 under section 1508.4 of title 40, Code of Federal 

19 Regulations (or successor regulations). 

20 ‘‘(B) PUBLIC COMMENT.—In a notice of 

21 proposed rulemaking under subparagraph (A), 

22 the applicable agency may solicit comments on 

23 whether any of the proposed new categorical ex24 clusions meet the criteria for a categorical excluVerDate Sep 11 2014 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00688 Fmt 6652 Sfmt 6203 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
689 

•S 2302 RS

1 sion under section 1508.4 of title 40, Code of 

2 Federal Regulations (or successor regulations).’’. 

3 (b) CLERICAL AMENDMENT.—The analysis for chapter 

4 1 of title 23, United States Code, is amended by striking 

5 the item relating to section 139 and inserting the following: 

‘‘139. Efficient environmental reviews for project decisionmaking and One Federal 

Decision.’’. 

6 SEC. 1302. WORK ZONE PROCESS REVIEWS. 

7 The Secretary shall amend section 630.1008(e) of title 

8 23, Code of Federal Regulations, to ensure that the work 

9 zone process review under that subsection is required not 

10 more frequently than once every 5 years. 

11 SEC. 1303. TRANSPORTATION MANAGEMENT PLANS. 

12 (a) IN GENERAL.—The Secretary shall amend section 

13 630.1010(c) of title 23, Code of Federal Regulations, to en14 sure that only a project described in that subsection with 

15 a lane closure for 3 or more consecutive days shall be con16 sidered to be a significant project for purposes of that sec17 tion. 

18 (b) NON-INTERSTATE PROJECTS.—Notwithstanding 

19 any other provision of law, a State shall not be required 

20 to develop or implement a transportation management plan 

21 (as described in section 630.1012 of title 23, Code of Federal 

22 Regulations (or successor regulations)) for a highway 

23 project not on the Interstate System if the project requires 

24 not more than 3 consecutive days of lane closures. 


lotter on DSKBCFDHB2PROD with BILLS
690 

•S 2302 RS

1 SEC. 1304. INTELLIGENT TRANSPORTATION SYSTEMS. 

2 (a) IN GENERAL.—The Secretary shall develop guid3 ance for using existing flexibilities with respect to the sys4 tems engineering analysis described in part 940 of title 23, 

5 Code of Federal Regulations (or successor regulations). 

6 (b) IMPLEMENTATION.—The Secretary shall ensure 

7 that any guidance developed under subsection (a)— 

8 (1) clearly identifies criteria for low-risk and ex9 empt intelligent transportation systems projects, with 

10 a goal of minimizing unnecessary delay or paperwork 

11 burden; 

12 (2) is consistently implemented by the Depart13 ment nationwide; and 

14 (3) is disseminated to Federal-aid recipients. 

15 (c) SAVINGS PROVISION.—Nothing in this section pre16 vents the Secretary from amending part 940 of title 23, 

17 Code of Federal Regulations (or successor regulations), to 

18 reduce State administrative burdens. 

19 SEC. 1305. ALTERNATIVE CONTRACTING METHODS. 

20 (a) ALTERNATIVE CONTRACTING METHODS FOR FED21 ERAL LAND MANAGEMENT AGENCIES AND TRIBAL GOVERN22 MENTS.—Section 201 of title 23, United States Code, is 

23 amended by adding at the end the following: 

24 ‘‘(f) ALTERNATIVE CONTRACTING METHODS.— 

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

26 provision of law (including the Federal Acquisition 


lotter on DSKBCFDHB2PROD with BILLS
691 

•S 2302 RS

1 Regulation), a contracting method available to a 

2 State under this title may be used by the Secretary, 

3 on behalf of— 

4 ‘‘(A) a Federal land management agency, 

5 in using any funds pursuant to sections 203, 

6 204, or 308; 

7 ‘‘(B) a Federal land management agency, 

8 in using any funds pursuant to section 1535 of 

9 title 31 for any of the eligible uses described in 

10 sections 203(a)(1) and 204(a)(1) and paragraphs 

11 (1) and (2) of section 308(a); or 

12 ‘‘(C) a Tribal government, in using funds 

13 pursuant to section 202(b)(7)(D). 

14 ‘‘(2) METHODS DESCRIBED.—The contracting 

15 methods referred to in paragraph (1) shall include, at 

16 a minimum— 

17 ‘‘(A) project bundling; 

18 ‘‘(B) bridge bundling; 

19 ‘‘(C) design-build contracting; 

20 ‘‘(D) 2-phase contracting; 

21 ‘‘(E) long-term concession agreements; and 

22 ‘‘(F) any method tested, or that could be 

23 tested, under an experimental program relating 

24 to contracting methods carried out by the Sec25 retary. 


lotter on DSKBCFDHB2PROD with BILLS
692 

•S 2302 RS

1 ‘‘(3) EFFECT.—Nothing in this subsection— 

2 ‘‘(A) affects the application of the Federal 

3 share for the project carried out with a con4 tracting method under this subsection; or 

5 ‘‘(B) modifies the point of obligation of Fed6 eral salaries and expenses.’’. 

7 (b) COOPERATION WITH FEDERAL AND STATE AGEN8 CIES AND FOREIGN COUNTRIES.—Section 308(a) of title 23, 

9 United States Code, is amended by adding at the end the 

10 following: 

11 ‘‘(4) ALTERNATIVE CONTRACTING METHODS.— 

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

13 other provision of law (including the Federal Ac14 quisition Regulation), in performing services 

15 under paragraph (1), the Secretary may use any 

16 contracting method available to a State under 

17 this title. 

18 ‘‘(B) METHODS DESCRIBED.—The con19 tracting methods referred to in subparagraph (A) 

20 shall include, at a minimum— 

21 ‘‘(i) project bundling; 

22 ‘‘(ii) bridge bundling; 

23 ‘‘(iii) design-build contracting; 

24 ‘‘(iv) 2-phase contracting; 


lotter on DSKBCFDHB2PROD with BILLS
693 

•S 2302 RS

1 ‘‘(v) long-term concession agreements; 

2 and 

3 ‘‘(vi) any method tested, or that could 

4 be tested, under an experimental program 

5 relating to contracting methods carried out 

6 by the Secretary.’’. 

7 (c) USE OF ALTERNATIVE CONTRACTING METHODS.— 

8 In carrying out an alternative contracting method under 

9 section 201(f) or 308(a)(4) of title 23, United States Code, 

10 the Secretary shall— 

11 (1) in consultation with the applicable Federal 

12 land management agencies, establish clear procedures 

13 that are— 

14 (A) applicable to the alternative contracting 

15 method; and 

16 (B) to the maximum extent practicable, 

17 consistent with the requirements applicable to 

18 Federal procurement transactions; 

19 (2) solicit input on the use of the alternative con20 tracting method from the affected industry prior to 

21 using the method; and 

22 (3) analyze and prepare an evaluation of the use 

23 of the alternative contracting method. 


lotter on DSKBCFDHB2PROD with BILLS
694 

•S 2302 RS

1 SEC. 1306. FLEXIBILITY FOR PROJECTS. 

2 Section 1420 of the FAST Act (23 U.S.C. 101 note; 

3 Public Law 114–94) is amended— 

4 (1) in subsection (a), by striking ‘‘and on request 

5 by a State, the Secretary may’’ in the matter pre6 ceding paragraph (1) and all that follows through the 

7 period at the end of paragraph (2) and inserting the 

8 following: ‘‘, on request by a State, and if in the pub9 lic interest (as determined by the Secretary), the Sec10 retary shall exercise all existing flexibilities under— 

11 ‘‘(1) the requirements of title 23, United States 

12 Code; and 

13 ‘‘(2) other requirements administered by the Sec14 retary, in whole or in part.’’; and 

15 (2) in subsection (b)(2)(A), by inserting ‘‘(in16 cluding regulations)’’ after ‘‘environmental law’’. 

17 SEC. 1307. IMPROVED FEDERAL-STATE STEWARDSHIP AND 

18 OVERSIGHT AGREEMENTS. 

19 (a) DEFINITION OF TEMPLATE.—In this section, the 

20 term ‘‘template’’ means a template created by the Secretary 

21 for Federal-State stewardship and oversight agreements 

22 that— 

23 (1) includes all standard terms found in stew24 ardship and oversight agreements, including any 

25 terms in an attachment to the agreement; 


lotter on DSKBCFDHB2PROD with BILLS
695 

•S 2302 RS

1 (2) is developed in accordance with section 106 

2 of title 23, United States Code, or any other applica3 ble authority; and 

4 (3) may be developed with consideration of rel5 evant regulations, guidance, or policies. 

6 (b) REQUEST FOR COMMENT.— 

7 (1) IN GENERAL.—Not later than 60 days after 

8 the date of enactment of this Act, the Secretary shall 

9 publish in the Federal Register the template and a 

10 notice requesting public comment on ways to improve 

11 the template. 

12 (2) COMMENT PERIOD.—The Secretary shall pro13 vide a period of not less than 60 days for public com14 ment on the notice under paragraph (1). 

15 (3) CERTAIN ISSUES.—The notice under para16 graph (1) shall allow comment on any aspect of the 

17 template and shall specifically request public com18 ment on— 

19 (A) whether the template should be revised 

20 to delete standard terms requiring approval by 

21 the Secretary of the policies, procedures, proc22 esses, or manuals of the States, or other State ac23 tions, if Federal law (including regulations) does 

24 not specifically require an approval; 


lotter on DSKBCFDHB2PROD with BILLS
696 

•S 2302 RS

1 (B) opportunities to modify the template to 

2 allow adjustments to the review schedules for 

3 State practices or actions, including through 

4 risk-based approaches, program reviews, process 

5 reviews, or other means; and 

6 (C) any other matters that the Secretary de7 termines to be appropriate. 

8 (c) NOTICE OF ACTION; UPDATES.— 

9 (1) IN GENERAL.—Not later than 1 year after 

10 the date of enactment of this Act, after considering the 

11 comments received in response to the Federal Register 

12 notice under subsection (b), the Secretary shall pub13 lish in the Federal Register a notice that— 

14 (A) describes any proposed changes to be 

15 made, and any alternatives to such changes, to 

16 the template; 

17 (B) addresses comments in response to 

18 which changes were not made to the template; 

19 and 

20 (C) prescribes a schedule and a plan to exe21 cute a process for implementing the changes re22 ferred to in subparagraph (A). 

23 (2) APPROVAL REQUIREMENTS.—In addressing 

24 comments under paragraph (1)(B), the Secretary 

25 shall include an explanation of the basis for retaining 


lotter on DSKBCFDHB2PROD with BILLS
697 

•S 2302 RS

1 any requirement for approval of State policies, proce2 dures, processes, or manuals, or other State actions, 

3 if Federal law (including regulations) does not spe4 cifically require the approval. 

5 (3) IMPLEMENTATION.— 

6 (A) IN GENERAL.—Not later than 60 days 

7 after the date on which the notice under para8 graph (1) is published, the Secretary shall make 

9 changes to the template in accordance with— 

10 (i) the changes described in the notice 

11 under paragraph (1)(A); and 

12 (ii) the schedule and plan described in 

13 the notice under paragraph (1)(C). 

14 (B) UPDATES.—Not later than 1 year after 

15 the date on which the revised template under 

16 subparagraph (A) is published, the Secretary 

17 shall update existing agreements with States ac18 cording to the template updated under subpara19 graph (A). 

20 (d) INCLUSION OF NON-STANDARD TERMS.—Nothing 

21 in this section precludes the inclusion in a Federal-State 

22 stewardship and oversight agreement of non-standard terms 

23 to address a State-specific matter, including risk-based 

24 stewardship and Department oversight involvement in indi25 vidual projects of division interest. 


lotter on DSKBCFDHB2PROD with BILLS
698 

•S 2302 RS

1 (e) COMPLIANCE WITH NON-STATUTORY TERMS.— 

2 (1) IN GENERAL.—The Secretary shall not en3 force or otherwise require a State to comply with ap4 proval requirements that are not required by Federal 

5 law (including regulations) in a Federal-State stew6 ardship and oversight agreement. 

7 (2) APPROVAL AUTHORITY.—Notwithstanding 

8 any other provision of law, the Secretary shall not as9 sert approval authority over any matter in a Federal10 State stewardship and oversight agreement reserved to 

11 States. 

12 (f) FREQUENCY OF REVIEWS.—Section 106(g)(3) of 

13 title 23, United States Code, is amended— 

14 (1) by striking ‘‘annual’’; 

15 (2) by striking ‘‘The Secretary’’ and inserting 

16 the following: 

17 ‘‘(A) IN GENERAL.—The Secretary’’; and 

18 (3) by adding at the end the following: 

19 ‘‘(B) FREQUENCY.— 

20 ‘‘(i) IN GENERAL.—Except as provided 

21 in clauses (ii) and (iii), the Secretary shall 

22 carry out a review under subparagraph (A) 

23 not less frequently than once every 2 years. 

24 ‘‘(ii) CONSULTATION WITH STATE.— 

25 The Secretary, after consultation with a 


lotter on DSKBCFDHB2PROD with BILLS
699 

•S 2302 RS

1 State, may make a determination to carry 

2 out a review under subparagraph (A) for 

3 that State less frequently than provided 

4 under clause (i). 

5 ‘‘(iii) CAUSE.—If the Secretary deter6 mines that there is a specific reason to re7 quire a review more frequently than pro8 vided under clause (i) with respect to a 

9 State, the Secretary may carry out a review 

10 more frequently than provided under that 

11 clause.’’. 

12 SEC. 1308. GEOMATIC DATA. 

13 (a) IN GENERAL.—The Secretary shall develop guid14 ance for the acceptance and use of information obtained 

15 from a non-Federal entity through geomatic techniques, in16 cluding remote sensing and land surveying, cartography, 

17 geographic information systems, global navigation satellite 

18 systems, photogrammetry, or other remote means. 

19 (b) CONSIDERATIONS.—In carrying out this section, 

20 the Secretary shall ensure that acceptance or use of infor21 mation described in subsection (a) meets the data quality 

22 and operational requirements of the Secretary. 

23 (c) PUBLIC COMMENT.—Before issuing any final guid24 ance under subsection (a), the Secretary shall provide to 

25 the public— 


lotter on DSKBCFDHB2PROD with BILLS
700 

•S 2302 RS

1 (1) notice of the proposed guidance; and 

2 (2) an opportunity to comment on the proposed 

3 guidance. 

4 (d) SAVINGS CLAUSE.—Nothing in this section— 

5 (1) requires the Secretary to accept or use infor6 mation that the Secretary determines does not meet 

7 the guidance developed under this section; or 

8 (2) changes the current statutory or regulatory 

9 requirements of the Department. 

10 SEC. 1309. EVALUATION OF PROJECTS WITHIN AN OPER11 ATIONAL RIGHT-OF-WAY. 

12 (a) IN GENERAL.—Chapter 3 of title 23, United States 

13 Code, is amended by adding at the end the following: 

14 ‘‘§ 331. Evaluation of projects within an operational 

15 right-of-way 

16 ‘‘(a) DEFINITIONS.— 

17 ‘‘(1) ELIGIBLE PROJECT OR ACTIVITY.— 

18 ‘‘(A) IN GENERAL.—In this section, the 

19 term ‘eligible project or activity’ means a project 

20 or activity within an existing operational right21 of-way (as defined in section 771.117(c)(22) of 

22 title 23, Code of Federal Regulations (or suc23 cessor regulations))— 

24 ‘‘(i)(I) eligible for assistance under this 

25 title; or 


lotter on DSKBCFDHB2PROD with BILLS
701 

•S 2302 RS

1 ‘‘(II) administered as if made avail2 able under this title; 

3 ‘‘(ii) that is— 

4 ‘‘(I) a preventive maintenance, 

5 preservation, or highway safety im6 provement project (as defined in sec7 tion 148(a)); or 

8 ‘‘(II) a new turn lane that the 

9 State advises in writing to the Sec10 retary would assist public safety; and 

11 ‘‘(iii) that— 

12 ‘‘(I) is classified as a categorical 

13 exclusion under section 771.117 of title 

14 23, Code of Federal Regulations (or 

15 successor regulations); or 

16 ‘‘(II) if the project or activity does 

17 not receive assistance described in 

18 clause (i) would be considered a cat19 egorical exclusion if the project or ac20 tivity received assistance described in 

21 clause (i). 

22 ‘‘(B) EXCLUSION.—The term ‘eligible 

23 project or activity’ does not include a project to 

24 create a new travel lane. 


lotter on DSKBCFDHB2PROD with BILLS
702 

•S 2302 RS

1 ‘‘(2) PRELIMINARY EVALUATION.—The term ‘pre2 liminary evaluation’, with respect to an application 

3 described in subsection (b)(1), means an evaluation 

4 that is customary or practicable for the relevant agen5 cy to complete within a 45-day period for similar ap6 plications. 

7 ‘‘(3) RELEVANT AGENCY.—The term ‘relevant 

8 agency’ means a Federal agency, other than the Fed9 eral Highway Administration, with responsibility for 

10 review of an application from a State for a permit, 

11 approval, or jurisdictional determination for an eligi12 ble project or activity. 

13 ‘‘(b) ACTION REQUIRED.— 

14 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

15 not later than 45 days after the date of receipt of an 

16 application by a State for a permit, approval, or ju17 risdictional determination for an eligible project or 

18 activity, the head of the relevant agency shall— 

19 ‘‘(A) make at least a preliminary evalua20 tion of the application; and 

21 ‘‘(B) notify the State of the results of the 

22 preliminary evaluation under subparagraph (A). 

23 ‘‘(2) EXTENSION.—The head of the relevant 

24 agency may extend the review period under para25 graph (1) by not more than 30 days if the head of 


lotter on DSKBCFDHB2PROD with BILLS
703 

•S 2302 RS

1 the relevant agency provides to the State written no2 tice that includes an explanation of the need for the 

3 extension. 

4 ‘‘(3) FAILURE TO ACT.—If the head of the rel5 evant agency fails to meet a deadline under para6 graph (1) or (2), as applicable, the head of the rel7 evant agency shall— 

8 ‘‘(A) not later than 30 days after the date 

9 of the missed deadline, submit to the State, the 

10 Committee on Environment and Public Works of 

11 the Senate, and the Committee on Transpor12 tation and Infrastructure of the House of Rep13 resentatives a report that describes why the dead14 line was missed; and 

15 ‘‘(B) not later than 14 days after the date 

16 on which a report is submitted under subpara17 graph (A), make publicly available, including on 

18 the internet, a copy of that report.’’. 

19 (b) CLERICAL AMENDMENT.—The analysis for chapter 

20 3 of title 23, United States Code, is amended by adding 

21 at the end the following: 

‘‘331. Evaluation of projects within an operational right-of-way.’’. 

22 SEC. 1310. DEPARTMENT OF TRANSPORTATION REPORTS. 

23 (a) IN GENERAL.—Chapter 3 of title 23, United States 

24 Code (as amended by section 1309(a)), is amended by add25 ing at the end the following: 


lotter on DSKBCFDHB2PROD with BILLS
704 

•S 2302 RS

1 ‘‘§ 332. Department of Transportation reports 

2 ‘‘(a) DEFINITION OF DASHBOARD.—In this section, the 

3 term ‘Dashboard’ has the meaning given the term in section 

4 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 Envi7 ronment and Public Works of the Senate and the Committee 

8 on Transportation and Infrastructure of the House of Rep9 resentatives a report with respect to any projects, programs, 

10 or authorities under this title (other than chapter 4) that 

11 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 exclusions 

17 adopted by the Department and listed under sec18 tion 771.117 of title 23, Code of Federal Regula19 tions (or successor regulations); and 

20 ‘‘(C) a list of all regulatory requirements 

21 that have been removed or reduced and, if avail22 able, a summary of the cost savings resulting 

23 from the removal or reduction to— 

24 ‘‘(i) States; 

25 ‘‘(ii) units of Tribal and local govern26 ment; and 


lotter on DSKBCFDHB2PROD with BILLS
705 

•S 2302 RS

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 pre7 pare an environmental impact statement; 

8 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 of 

14 Tribal and local government, and the public, re15 sulting 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 Execu20 tive Director of the Federal Permitting Improvement 

21 Steering Council established under section 41002(a) of 

22 the FAST Act (42 U.S.C. 4370m–1(a)), to make 

23 available on the Dashboard, with respect to projects 

24 described in paragraph (2), the median time elapsed 

25 between— 


lotter on DSKBCFDHB2PROD with BILLS
706 

•S 2302 RS

1 ‘‘(A) the publication in the Federal Register 

2 of the notice of intent to prepare an environ3 mental impact statement; and 

4 ‘‘(B) the date of issuance of the record of de5 cision with respect to that environmental impact 

6 statement by the Department of Transportation. 

7 ‘‘(2) PROJECTS DESCRIBED.—A project referred 

8 to in paragraph (1) is a project for which— 

9 ‘‘(A) a record of decision for an environ10 mental impact statement was issued during the 

11 preceding fiscal year; and 

12 ‘‘(B) the Department of Transportation is a 

13 lead agency (as defined in section 139).’’. 

14 (b) CLERICAL AMENDMENT.—The analysis for chapter 

15 3 of title 23, United States Code (as amended by section 

16 1309(b)), is amended by adding at the end the following: 

‘‘332. Department of Transportation reports.’’. 

17 SEC. 1311. PRELIMINARY ENGINEERING. 

18 (a) IN GENERAL.—Section 102 of title 23, United 

19 States Code, is amended— 

20 (1) by striking subsection (b); and 

21 (2) in subsection (a), in the second sentence, by 

22 striking ‘‘Nothing in this subsection’’ and inserting 

23 the following: 

24 ‘‘(b) SAVINGS PROVISION.—Nothing in this section’’. 


lotter on DSKBCFDHB2PROD with BILLS
707 

•S 2302 RS

1 (b) CONFORMING AMENDMENT.—Section 144(j) of title 

2 23, United States Code, is amended by striking paragraph 

3 (6). 

4 Subtitle D—Climate Change 

5 SEC. 1401. GRANTS FOR CHARGING AND FUELING INFRA6 STRUCTURE TO MODERNIZE AND RECON7 NECT AMERICA FOR THE 21ST CENTURY. 

8 (a) PURPOSE.—The purpose of this section is to estab9 lish a grant program to strategically deploy electric vehicle 

10 charging infrastructure, hydrogen fueling infrastructure, 

11 and natural gas fueling infrastructure along designated al12 ternative fuel corridors that will be accessible to all drivers 

13 of electric vehicles, hydrogen vehicles, and natural gas vehi14 cles. 

15 (b) GRANT PROGRAM.—Section 151 of title 23, United 

16 States Code, is amended— 

17 (1) in subsection (a), by striking ‘‘Not later than 

18 1 year after the date of enactment of the FAST Act, 

19 the Secretary shall’’ and inserting ‘‘The Secretary 

20 shall periodically’’; 

21 (2) in subsection (b)(2), by inserting ‘‘previously 

22 designated by the Federal Highway Administration 

23 or’’ before ‘‘designated by’’; 

24 (3) in subsection (d)— 


lotter on DSKBCFDHB2PROD with BILLS
708 

•S 2302 RS

1 (A) by striking ‘‘5 years after the date of es2 tablishment of the corridors under subsection (a), 

3 and every 5 years thereafter,’’ and inserting 

4 ‘‘180 days after the date of enactment of the 

5 America’s Transportation Infrastructure Act of 

6 2019,’’; and 

7 (B) by inserting ‘‘establish a recurring 

8 process to regularly’’ before ‘‘update’’; 

9 (4) in subsection (e)— 

10 (A) in paragraph (1), by striking ‘‘and’’ at 

11 the end; 

12 (B) in paragraph (2)— 

13 (i) by striking ‘‘establishes an aspira14 tional goal of achieving’’ and inserting ‘‘de15 scribes efforts, including through funds 

16 awarded through the grant program under 

17 subsection (f), that will aid efforts to 

18 achieve’’; and 

19 (ii) by striking ‘‘by the end of fiscal 

20 year 2020.’’ and inserting ‘‘; and’’; and 

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

22 ‘‘(3) summarizes best practices and provides 

23 guidance, developed through consultation with the 

24 Secretary of Energy, for project development of elec25 tric vehicle charging infrastructure, hydrogen fueling 


lotter on DSKBCFDHB2PROD with BILLS
709 

•S 2302 RS

1 infrastructure, and natural gas fueling infrastructure 

2 at the State, Tribal, and local level to allow for the 

3 predictable deployment of that infrastructure.’’; and 

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

5 ‘‘(f) GRANT PROGRAM.— 

6 ‘‘(1) ESTABLISHMENT.—Not later than 1 year 

7 after the date of enactment of the America’s Trans8 portation Infrastructure Act of 2019, the Secretary 

9 shall establish a grant program to award grants to el10 igible entities to carry out the activities described in 

11 paragraph (5). 

12 ‘‘(2) ELIGIBLE ENTITIES.—An entity eligible to 

13 receive a grant under this subsection is— 

14 ‘‘(A) a State or political subdivision of a 

15 State; 

16 ‘‘(B) a metropolitan planning organization; 

17 ‘‘(C) a unit of local government; 

18 ‘‘(D) a special purpose district or public 

19 authority with a transportation function, includ20 ing a port authority; 

21 ‘‘(E) an Indian tribe (as defined in section 

22 4 of the Indian Self-Determination and Edu23 cation Assistance Act (25 U.S.C. 5304)); 

24 ‘‘(F) an authority, agency, or instrumen25 tality of, or an entity owned by, 1 or more entiVerDate Sep 11 2014 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00709 Fmt 6652 Sfmt 6203 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
710 

•S 2302 RS

1 ties described in subparagraphs (A) through (E); 

2 or 

3 ‘‘(G) a group of entities described in sub4 paragraphs (A) through (F). 

5 ‘‘(3) APPLICATIONS.—To be eligible to receive a 

6 grant under this subsection, an eligible entity shall 

7 submit to the Secretary an application at such time, 

8 in such manner, and containing such information as 

9 the Secretary shall require, including— 

10 ‘‘(A) a description of how the eligible entity 

11 has considered— 

12 ‘‘(i) public accessibility of charging or 

13 fueling infrastructure proposed to be funded 

14 with a grant under this subsection, includ15 ing— 

16 ‘‘(I) charging or fueling connector 

17 types and publicly available informa18 tion on real-time availability; and 

19 ‘‘(II) payment methods to ensure 

20 secure, convenient, fair, and equal ac21 cess; 

22 ‘‘(ii) collaborative engagement with 

23 stakeholders (including automobile manu24 facturers, utilities, infrastructure providers, 

25 technology providers, electric charging, hyVerDate Sep 11 2014 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00710 Fmt 6652 Sfmt 6203 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
711 

•S 2302 RS

1 drogen, and natural gas fuel providers, met2 ropolitan planning organizations, States, 

3 Indian tribes, and units of local govern4 ments, fleet owners, fleet managers, fuel sta5 tion owners and operators, labor organiza6 tions, infrastructure construction and com7 ponent parts suppliers, and multi-State and 

8 regional entities)— 

9 ‘‘(I) to foster enhanced, coordi10 nated, public-private or private invest11 ment in electric vehicle charging infra12 structure, hydrogen fueling infrastruc13 ture, or natural gas fueling infrastruc14 ture; 

15 ‘‘(II) to expand deployment of 

16 electric vehicle charging infrastructure, 

17 hydrogen fueling infrastructure, or 

18 natural gas fueling infrastructure; 

19 ‘‘(III) to protect personal privacy 

20 and ensure cybersecurity; and 

21 ‘‘(IV) to ensure that a properly 

22 trained workforce is available to con23 struct and install electric vehicle charg24 ing infrastructure, hydrogen fueling 


lotter on DSKBCFDHB2PROD with BILLS
712 

•S 2302 RS

1 infrastructure, or natural gas fueling 

2 infrastructure; 

3 ‘‘(iii) the location of the station or 

4 fueling site, such as consideration of— 

5 ‘‘(I) the availability of onsite 

6 amenities for vehicle operators, such as 

7 restrooms or food facilities; 

8 ‘‘(II) access in compliance with 

9 the Americans with Disabilities Act of 

10 1990 (42 U.S.C. 12101 et seq.); 

11 ‘‘(III) height and fueling capacity 

12 requirements for facilities that charge 

13 or refuel large vehicles, such as semi14 trailer trucks; and 

15 ‘‘(IV) appropriate distribution to 

16 avoid redundancy and fill charging or 

17 fueling gaps; 

18 ‘‘(iv) infrastructure installation that 

19 can be responsive to technology advance20 ments, such as accommodating autonomous 

21 vehicles and future charging methods; and 

22 ‘‘(v) the long-term operation and 

23 maintenance of the electric vehicle charging 

24 infrastructure, hydrogen fueling infrastruc25 ture, or natural gas fueling infrastructure, 


lotter on DSKBCFDHB2PROD with BILLS
713 

•S 2302 RS

1 to avoid stranded assets and protect the in2 vestment of public funds in that infrastruc3 ture; and 

4 ‘‘(B) an assessment of the estimated emis5 sions that will be reduced through the use of elec6 tric vehicle charging infrastructure, hydrogen 

7 fueling infrastructure, or natural gas fueling in8 frastructure, which shall be conducted using the 

9 Alternative Fuel Life-Cycle Environmental and 

10 Economic Transportation (AFLEET) tool devel11 oped by Argonne National Laboratory (or a suc12 cessor tool). 

13 ‘‘(4) CONSIDERATIONS.—In selecting eligible en14 tities to receive a grant under this subsection, the Sec15 retary shall— 

16 ‘‘(A) consider the extent to which the appli17 cation of the eligible entity would— 

18 ‘‘(i) improve alternative fueling cor19 ridor networks by— 

20 ‘‘(I) converting corridor-pending 

21 corridors to corridor-ready corridors; 

22 or 

23 ‘‘(II) in the case of corridor-ready 

24 corridors, providing redundancy— 


lotter on DSKBCFDHB2PROD with BILLS
714 

•S 2302 RS

1 ‘‘(aa) to meet excess demand 

2 for charging or fueling infrastruc3 ture; or 

4 ‘‘(bb) to reduce congestion at 

5 existing charging or fueling infra6 structure in high-traffic locations; 

7 ‘‘(ii) meet current or anticipated mar8 ket demands for charging or fueling infra9 structure; 

10 ‘‘(iii) enable or accelerate the construc11 tion of charging or fueling infrastructure 

12 that would be unlikely to be completed with13 out Federal assistance; and 

14 ‘‘(iv) support a long-term competitive 

15 market for electric vehicle charging infra16 structure, hydrogen fueling infrastructure, 

17 or natural gas fueling infrastructure that 

18 does not significantly impair existing elec19 tric vehicle charging infrastructure, hydro20 gen fueling infrastructure, or natural gas 

21 fueling infrastructure providers; 

22 ‘‘(B) ensure, to the maximum extent prac23 ticable, geographic diversity among grant recipi24 ents to ensure that electric vehicle charging in25 frastructure, hydrogen fueling infrastructure, or 


lotter on DSKBCFDHB2PROD with BILLS
715 

•S 2302 RS

1 natural gas fueling infrastructure is available 

2 throughout the United States; 

3 ‘‘(C) consider whether the private entity 

4 that the eligible entity contracts with under 

5 paragraph (5)— 

6 ‘‘(i) submits to the Secretary the most 

7 recent year of audited financial statements; 

8 and 

9 ‘‘(ii) has experience in installing and 

10 operating electric vehicle charging infra11 structure, hydrogen fueling infrastructure, 

12 or natural gas fueling infrastructure; and 

13 ‘‘(D) consider whether, to the maximum ex14 tent practicable, the eligible entity and the pri15 vate entity that the eligible entity contracts with 

16 under paragraph (5) enter into an agreement— 

17 ‘‘(i) to operate and maintain publicly 

18 available electric vehicle charging infra19 structure, hydrogen fueling infrastructure, 

20 or natural gas infrastructure; and 

21 ‘‘(ii) that provides a remedy and an 

22 opportunity to cure if the requirements de23 scribed in clause (i) are not met. 

24 ‘‘(5) USE OF FUNDS.— 


lotter on DSKBCFDHB2PROD with BILLS
716 

•S 2302 RS

1 ‘‘(A) IN GENERAL.—An eligible entity re2 ceiving a grant under this subsection shall only 

3 use the funds in accordance with this paragraph 

4 to contract with a private entity for acquisition 

5 and installation of publicly accessible electric ve6 hicle charging infrastructure, hydrogen fueling 

7 infrastructure, or natural gas fueling infrastruc8 ture that is directly related to the charging or 

9 fueling of a vehicle. 

10 ‘‘(B) LOCATION OF INFRASTRUCTURE.—Any 

11 electric vehicle charging infrastructure, hydrogen 

12 fueling infrastructure, or natural gas fueling in13 frastructure acquired and installed with a grant 

14 under this subsection shall be located along an 

15 alternative fuel corridor designated— 

16 ‘‘(i) under this section, on the condi17 tion that any affected Indian tribes are con18 sulted before the designation; or 

19 ‘‘(ii) by a State or group of States, 

20 such as the Regional Electric Vehicle West 

21 Plan of the States of Arizona, Colorado, 

22 Idaho, Montana, Nevada, New Mexico, 

23 Utah, and Wyoming, on the condition that 

24 any affected Indian tribes are consulted be25 fore the designation. 


lotter on DSKBCFDHB2PROD with BILLS
717 

•S 2302 RS

1 ‘‘(C) OPERATING ASSISTANCE.— 

2 ‘‘(i) IN GENERAL.—Subject to clauses 

3 (ii) and (iii), an eligible entity that receives 

4 a grant under this subsection may use a 

5 portion of the funds to provide to a private 

6 entity operating assistance for the first 5 

7 years of operations after the installation of 

8 electric vehicle charging infrastructure, hy9 drogen fueling infrastructure, or natural 

10 gas fueling infrastructure while the facility 

11 transitions to independent system oper12 ations. 

13 ‘‘(ii) INCLUSIONS.—Operating assist14 ance under this subparagraph shall be lim15 ited to costs allocable to operating and 

16 maintaining the electric vehicle charging 

17 infrastructure, hydrogen fueling infrastruc18 ture, or natural gas fueling infrastructure 

19 and service, including costs associated with 

20 labor, marketing, and administrative costs. 

21 ‘‘(iii) LIMITATION.—Operating assist22 ance under this subparagraph may not ex23 ceed the amount of a contract under sub24 paragraph (A) to acquire and install pub25 licly accessible electric vehicle charging inVerDate Sep 11 2014 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00717 Fmt 6652 Sfmt 6203 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
718 

•S 2302 RS

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 to 

8 acquire and install— 

9 ‘‘(I) traffic control devices located 

10 in the right-of-way to provide direc11 tional information to electric vehicle 

12 charging infrastructure, hydrogen fuel13 ing infrastructure, or natural gas fuel14 ing infrastructure acquired, installed, 

15 or operated with the grant; and 

16 ‘‘(II) on-premises signs to provide 

17 information about electric vehicle 

18 charging infrastructure, hydrogen fuel19 ing infrastructure, or natural gas fuel20 ing infrastructure acquired, installed, 

21 or operated with a grant under this 

22 subsection. 

23 ‘‘(ii) APPLICABILITY.—Clause (i) shall 

24 apply only to an eligible entity that— 


lotter on DSKBCFDHB2PROD with BILLS
719 

•S 2302 RS

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 install 

11 traffic control devices and on-premises signs 

12 under clause (i) may not exceed the amount 

13 of a contract under subparagraph (A) to ac14 quire and install publicly accessible charg15 ing or fueling infrastructure. 

16 ‘‘(iv) NO NEW AUTHORITY CREATED.— 

17 Nothing in this subparagraph authorizes an 

18 eligible entity that receives a grant under 

19 this subsection to acquire and install traffic 

20 control devices or on-premises signs if the 

21 entity is not otherwise authorized to do so. 

22 ‘‘(E) REVENUE.—An eligible entity receiv23 ing a grant under this subsection and a private 

24 entity referred to in subparagraph (A) may enter 

25 into a cost-sharing agreement under which the 


lotter on DSKBCFDHB2PROD with BILLS
720 

•S 2302 RS

1 private entity submits to the eligible entity a 

2 portion of the revenue from the electric vehicle 

3 charging infrastructure, hydrogen fueling infra4 structure, or natural gas fueling infrastructure. 

5 ‘‘(6) PROJECT REQUIREMENTS.— 

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

7 other provision of law, any project funded by a 

8 grant under this subsection shall be treated as a 

9 project on a Federal-aid highway under this 

10 chapter. 

11 ‘‘(B) SIGNS.—Any traffic control device or 

12 on-premises sign acquired, installed, or operated 

13 with a grant under this subsection shall comply 

14 with— 

15 ‘‘(i) the Manual on Uniform Traffic 

16 Control Devices, if located in the right-of17 way; and 

18 ‘‘(ii) other provisions of Federal, State, 

19 and local law, as applicable. 

20 ‘‘(7) FEDERAL SHARE.— 

21 ‘‘(A) IN GENERAL.—The Federal share of 

22 the cost of a project carried out with a grant 

23 under this subsection shall not exceed 80 percent 

24 of the total project cost. 


lotter on DSKBCFDHB2PROD with BILLS
721 

•S 2302 RS

1 ‘‘(B) RESPONSIBILITY OF PRIVATE ENTI2 TY.—As a condition of contracting with an eligi3 ble entity under paragraph (5), a private entity 

4 shall agree to pay the share of the cost of a 

5 project carried out with a grant under this sub6 section that is not paid by the Federal Govern7 ment under subparagraph (A). 

8 ‘‘(8) REPORT.—Not later than 3 years after the 

9 date of enactment of this subsection, the Secretary 

10 shall submit to the Committee on Environment and 

11 Public Works of the Senate and the Committee on 

12 Transportation and Infrastructure of the House of 

13 Representatives and make publicly available a report 

14 on the progress and implementation of this sub15 section.’’. 

16 SEC. 1402. REDUCTION OF TRUCK EMISSIONS AT PORT FA17 CILITIES. 

18 (a) ESTABLISHMENT OF PROGRAM.— 

19 (1) IN GENERAL.—The Secretary shall establish 

20 a program to reduce idling at port facilities, under 

21 which the Secretary shall— 

22 (A) study how ports and intermodal port 

23 transfer facilities would benefit from increased 

24 opportunities to reduce emissions at ports, inVerDate Sep 11 2014 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00721 Fmt 6652 Sfmt 6203 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
722 

•S 2302 RS

1 cluding through the electrification of port oper2 ations; 

3 (B) study emerging technologies and strate4 gies that may help reduce port-related emissions 

5 from idling trucks; and 

6 (C) coordinate and provide funding to test, 

7 evaluate, and deploy projects that reduce port-re8 lated emissions from idling trucks, including 

9 through the advancement of port electrification 

10 and improvements in efficiency, focusing on port 

11 operations, including heavy-duty commercial ve12 hicles, and other related projects. 

13 (2) CONSULTATION.—In carrying out the pro14 gram under this subsection, the Secretary may con15 sult with the Secretary of Energy and the Adminis16 trator of the Environmental Protection Agency. 

17 (b) GRANTS.— 

18 (1) IN GENERAL.—In carrying out subsection 

19 (a)(1)(C), the Secretary shall award grants to fund 

20 projects that reduce emissions at ports, including 

21 through the advancement of port electrification. 

22 (2) COST SHARE.—A grant awarded under para23 graph (1) shall not exceed 80 percent of the total cost 

24 of the project funded by the grant. 


lotter on DSKBCFDHB2PROD with BILLS
723 

•S 2302 RS

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 agencies; 

6 and 

7 (B) coordinate with other Federal agencies, 

8 as the Secretary determines to be appropriate. 

9 (4) APPLICATION; SELECTION.— 

10 (A) APPLICATION.—The Secretary shall so11 licit applications for grants under paragraph (1) 

12 at such time, in such manner, and containing 

13 such information as the Secretary determines to 

14 be necessary. 

15 (B) SELECTION.—The Secretary shall make 

16 grants under paragraph (1) by not later than 

17 April 1 of each fiscal year for which funding is 

18 made available. 

19 (5) REQUIREMENT.—Notwithstanding any other 

20 provision of law, any project funded by a grant under 

21 this subsection shall be treated as a project on a Fed22 eral-aid highway under chapter 1 of title 23, United 

23 States Code. 

24 (c) REPORT.—Not later than 1 year after the date on 

25 which all of the projects funded with a grant under subVerDate Sep 11 2014 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00723 Fmt 6652 Sfmt 6203 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
724 

•S 2302 RS

1 section (b) are completed, the Secretary shall submit to Con2 gress a report that includes— 

3 (1) the findings of the studies described in sub4 paragraphs (A) and (B) of subsection (a)(1); 

5 (2) the results of the projects that received a 

6 grant under subsection (b); 

7 (3) any recommendations for workforce develop8 ment and training opportunities with respect to port 

9 electrification; and 

10 (4) any policy recommendations based on the 

11 findings and results described in paragraphs (1) and 

12 (2). 

13 SEC. 1403. CARBON REDUCTION INCENTIVE PROGRAMS. 

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

15 Code (as amended by section 1203(a)), is amended by add16 ing at the end the following: 

17 ‘‘§ 177. Formula carbon reduction incentive program 

18 ‘‘(a) DEFINITIONS.—In this section: 

19 ‘‘(1) METROPOLITAN PLANNING ORGANIZATION; 

20 URBANIZED AREA.—The terms ‘metropolitan plan21 ning organization’ and ‘urbanized area’ have the 

22 meaning given those terms in section 134(b). 

23 ‘‘(2) TRANSPORTATION EMISSIONS.—The term 

24 ‘transportation emissions’ means carbon dioxide emisVerDate Sep 11 2014 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00724 Fmt 6652 Sfmt 6203 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
725 

•S 2302 RS

1 sions from on-road highway sources of those emissions 

2 within a State. 

3 ‘‘(3) TRANSPORTATION MANAGEMENT AREA.— 

4 The term ‘transportation management area’ means a 

5 transportation management area identified or des6 ignated by the Secretary under section 134(k)(1). 

7 ‘‘(b) FORMULA CARBON REDUCTION AWARDS.— 

8 ‘‘(1) IN GENERAL.—For each fiscal year, the Sec9 retary shall distribute among the States the amounts 

10 made available to carry out this section for that fiscal 

11 year in accordance with paragraph (2). 

12 ‘‘(2) DISTRIBUTION.—The amount for each State 

13 shall be determined by multiplying the total amount 

14 made available to carry out this section for the appli15 cable fiscal year by the ratio that— 

16 ‘‘(A) the total base apportionment for the 

17 State under section 104(c); bears to 

18 ‘‘(B) the total base apportionments for all 

19 States under section 104(c). 

20 ‘‘(c) EMISSIONS REDUCTION SUPPLEMENTAL.— 

21 ‘‘(1) IN GENERAL.—A State shall use 50 percent 

22 of the amount distributed to the State under sub23 section (b) for each fiscal year to carry out activities 

24 under paragraph (2). 


lotter on DSKBCFDHB2PROD with BILLS
726 

•S 2302 RS

1 ‘‘(2) ELIGIBLE ACTIVITIES.—Subject to para2 graph (3), a State and any metropolitan planning 

3 organization that is required to obligate funds in ac4 cordance with subsection (e) shall use the funds under 

5 paragraph (1) for activities designed to reduce trans6 portation emissions, including— 

7 ‘‘(A) a project described in paragraph (4), 

8 (5), (7), (8), or (11) of subsection (b) of section 

9 149 or subsection (c)(2) of that section, regard10 less of whether the project— 

11 ‘‘(i) is located in an area designated as 

12 a nonattainment or maintenance area, as 

13 described in section 149(b); or 

14 ‘‘(ii) is likely to contribute to the at15 tainment or maintenance in the area of a 

16 national ambient air quality standard; 

17 ‘‘(B) a project that is eligible for assistance 

18 under section 142; 

19 ‘‘(C) a project for the provision of facilities 

20 for pedestrians and bicyclists (including the con21 version and use of rail corridors for pedestrian 

22 and bike trails); 

23 ‘‘(D) a project that is described in section 

24 503(c)(4)(E); 


lotter on DSKBCFDHB2PROD with BILLS
727 

•S 2302 RS

1 ‘‘(E) a project to reduce emissions from 

2 port-related equipment and vehicles; 

3 ‘‘(F) a project to replace street lighting and 

4 traffic control devices with energy efficient alter5 natives; and 

6 ‘‘(G) the development of a carbon reduction 

7 strategy under subsection (d)(1)(A). 

8 ‘‘(3) LIMITATION.—No funds provided under 

9 paragraph (1) may be used for a project that will re10 sult in the construction of new capacity available to 

11 single-occupant vehicles. 

12 ‘‘(4) FEDERAL SHARE.—The Federal share of the 

13 cost of a project carried out with funds under para14 graph (1) shall be determined in accordance with sec15 tion 120. 

16 ‘‘(d) CARBON REDUCTION STRATEGY PLANNING IN17 CENTIVE.— 

18 ‘‘(1) CARBON REDUCTION STRATEGY.— 

19 ‘‘(A) IN GENERAL.—A State may, in con20 sultation with a metropolitan planning organi21 zation within the State, develop a carbon reduc22 tion strategy. 

23 ‘‘(B) REQUIREMENTS.—If a State develops 

24 a carbon reduction strategy under subparagraph 

25 (A), the carbon reduction strategy shall— 


lotter on DSKBCFDHB2PROD with BILLS
728 

•S 2302 RS

1 ‘‘(i) identify projects and strategies to 

2 reduce transportation emissions, which may 

3 include projects and strategies for safe, reli4 able, and cost-effective options— 

5 ‘‘(I) to reduce traffic congestion 

6 on Federal-aid highways located with7 in the State or the area served by the 

8 metropolitan planning organization, 

9 as applicable; 

10 ‘‘(II) to facilitate the use of alter11 natives to single-occupant vehicle trips, 

12 including public transportation facili13 ties, pedestrian facilities, bicycle facili14 ties, and shared or pooled vehicle trips 

15 within the State or an area served by 

16 the metropolitan planning organiza17 tion, if any; 

18 ‘‘(III) to facilitate the use of vehi19 cles or modes of travel that result in 

20 lower transportation emissions per per21 son-mile traveled; and 

22 ‘‘(IV) to facilitate approaches to 

23 transportation asset construction and 

24 maintenance that result in lower 

25 transportation emissions; 


lotter on DSKBCFDHB2PROD with BILLS
729 

•S 2302 RS

1 ‘‘(ii) set targets for the reduction of 

2 transportation emissions and implementa3 tion of the projects and strategies identified 

4 under clause (i); 

5 ‘‘(iii) be appropriate to the population 

6 density and context of the State, including 

7 a metropolitan planning organization with8 in the State, if any; 

9 ‘‘(iv) provide a reasonable opportunity 

10 for participation and review by interested 

11 parties within the State; 

12 ‘‘(v) be updated not less frequently 

13 than once every 3 years; and 

14 ‘‘(vi) be reviewed and certified by the 

15 Secretary to have met the requirements of 

16 this subparagraph. 

17 ‘‘(2) CARBON REDUCTION STRATEGY PLANNING

18 INCENTIVE.— 

19 ‘‘(A) IN GENERAL.—A State shall use 50 

20 percent of the amounts made available to the 

21 State under subsection (b) for each fiscal year for 

22 the eligible activities under subparagraph (B). 

23 ‘‘(B) ELIGIBLE ACTIVITIES.— 

24 ‘‘(i) IN GENERAL.—A State and any 

25 metropolitan planning organization in the 


lotter on DSKBCFDHB2PROD with BILLS
730 

•S 2302 RS

1 State that is required to obligate funds in 

2 accordance with subsection (e) may use the 

3 funds under subparagraph (A) for a project 

4 or strategy described in subsection (c)(2). 

5 ‘‘(ii) ADDITIONAL ELIGIBILITY INCEN6 TIVE.—In addition to the eligible activities 

7 under clause (i), a State and any metro8 politan planning organization in the State 

9 that is required to obligate funds in accord10 ance with subsection (e) may use the funds 

11 under subparagraph (A) for a project eligi12 ble under section 133(b) if— 

13 ‘‘(I) the State has, within the fis14 cal year prior to the fiscal year in 

15 which the Secretary is making the 

16 grant or by a deadline established by 

17 the Secretary in the fiscal year in 

18 which the Secretary is making the 

19 grant, developed a carbon reduction 

20 strategy under paragraph (1)(A) that 

21 has been approved by the Secretary 

22 under clause (vi) of that paragraph; or 

23 ‘‘(II) the State or metropolitan 

24 planning organization has, within the 

25 4 fiscal years prior to the fiscal year 


lotter on DSKBCFDHB2PROD with BILLS
731 

•S 2302 RS

1 in which the Secretary is making the 

2 grant or by a deadline established by 

3 the Secretary in the fiscal year in 

4 which the Secretary is making the 

5 grant, incorporated a carbon reduction 

6 strategy under paragraph (1)(A) 

7 into— 

8 ‘‘(aa) a long-range transpor9 tation plan developed by the met10 ropolitan planning organization 

11 under section 134(c), if any; and 

12 ‘‘(bb) the long-range state13 wide transportation plan devel14 oped by the State under section 

15 135(f)(1). 

16 ‘‘(C) FEDERAL SHARE.—The Federal share 

17 of the cost of a project carried out using funds 

18 under subparagraph (A) shall be— 

19 ‘‘(i) in the case of a State or metropoli20 tan planning organization within a State 

21 that meets the requirements under subpara22 graph (B)(ii), up to 100 percent, at the dis23 cretion of the State; and 

24 ‘‘(ii) in the case of a State or metro25 politan planning organization within a 


lotter on DSKBCFDHB2PROD with BILLS
732 

•S 2302 RS

1 State that is not described in clause (i), de2 termined 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 (c) 

6 and (d)— 

7 ‘‘(A) 65 percent of each amount shall be ob8 ligated, in proportion to their relative shares of 

9 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 re25 quired to obligate under paragraph (1)(A)(i) 


lotter on DSKBCFDHB2PROD with BILLS
733 

•S 2302 RS

1 shall be obligated in urbanized areas described in 

2 paragraph (1)(A)(i) based on the relative popu3 lation of the areas. 

4 ‘‘(B) OTHER FACTORS.—The State may ob5 ligate the funds described in subparagraph (A) 

6 based on other factors if— 

7 ‘‘(i) the State and the relevant metro8 politan planning organizations jointly 

9 apply to the Secretary for the permission to 

10 base the obligation on other factors; and 

11 ‘‘(ii) the Secretary grants the request. 

12 ‘‘(4) CONSULTATION IN URBANIZED AREAS.—Be13 fore 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 con16 sult 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. 


lotter on DSKBCFDHB2PROD with BILLS
734 

•S 2302 RS

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 slow11 ly or declined during the most recent 2-calendar 

12 year period for which data are available for 

13 transportation emissions at the time the Sec14 retary is making the grant under this section, as 

15 compared to the 2-calendar year period that im16 mediately precedes that period; or 

17 ‘‘(B) the average annual transportation 

18 emissions within the State, as estimated on a per 

19 capita basis, has grown more slowly or declined 

20 during the most recent 2-calendar year period 

21 for which data are available for transportation 

22 emissions at the time the Secretary is making 

23 the grant under this section, as compared to the 

24 2-calendar year period that immediately pre25 cedes that period. 


lotter on DSKBCFDHB2PROD with BILLS
735 

•S 2302 RS

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 the 

11 Secretary is making the grant under this section, 

12 as compared to the 2-calendar year period that 

13 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 Sec20 retary is making the grant under this section, as 

21 compared to the 2-calendar year period that im22 mediately precedes that period. 

23 ‘‘(4) TRANSPORTATION EMISSIONS.—The term 

24 ‘transportation emissions’ has the meaning given the 

25 term in section 177(a). 


lotter on DSKBCFDHB2PROD with BILLS
736 

•S 2302 RS

1 ‘‘(b) CARBON REDUCTION PERFORMANCE AND PLAN2 NING RECOGNITION AWARDS.— 

3 ‘‘(1) IN GENERAL.—The Secretary shall establish 

4 a competitive grant program to award grants to eligi5 ble entities in recognition of the achievement of the el6 igible entity in meeting the performance categories de7 scribed in paragraph (3)(A). 

8 ‘‘(2) ELIGIBLE ENTITIES.—The Secretary shall 

9 distribute amounts under paragraph (1) to any of the 

10 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 se15 lect eligible entities to receive a grant under 

16 paragraph (1) to recognize the achievement of the 

17 eligible entity in meeting any of the following 

18 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. 


lotter on DSKBCFDHB2PROD with BILLS
737 

•S 2302 RS

1 ‘‘(iii) Transportation emissions, as es2 timated on a per unit of economic output 

3 basis, that are among the lowest of jurisdic4 tions with comparable population and sur5 face transportation system characteristics. 

6 ‘‘(iv) Transportation emissions, as esti7 mated on a per capita basis, that are 

8 among the lowest of jurisdictions with com9 parable population and surface transpor10 tation system characteristics. 

11 ‘‘(v) Innovative planning efforts and 

12 the implementation of a carbon reduction 

13 strategy under section 177(d)(1)(A) or plans 

14 that lead to a reduction in transportation 

15 emissions. 

16 ‘‘(B) MERIT BASED DISTRIBUTION.—In se17 lecting among eligible entities to receive grants 

18 under paragraph (1) and the amount of each of 

19 those grants, the Secretary shall give priority to 

20 eligible entities that have achieved the most sig21 nificant levels of reductions of transportation 

22 emissions, as estimated on either a per unit of 

23 economic basis or on a per capita basis. 

24 ‘‘(C) MULTIPLE AWARDS.—The Secretary 

25 may— 


lotter on DSKBCFDHB2PROD with BILLS
738 

•S 2302 RS

1 ‘‘(i) award a grant under paragraph 

2 (1) to multiple eligible entities for each per3 formance category described in subpara4 graph (A); and 

5 ‘‘(ii) recognize achievements in each 

6 performance category described in subpara7 graph (A)— 

8 ‘‘(I) in urban and rural areas; 

9 and 

10 ‘‘(II) on the State and local level. 

11 ‘‘(D) REPEAT AWARDS.—The Secretary 

12 may not award a grant under this subsection to 

13 the same eligible entity more than once in a 2- 

14 year period. 

15 ‘‘(4) AWARD AMOUNT.—A grant under para16 graph (1) shall be in an amount— 

17 ‘‘(A) not less than $5,000,000; and 

18 ‘‘(B) not more than $30,000,000. 

19 ‘‘(5) ELIGIBLE USES.—An eligible entity may 

20 use a grant under paragraph (1) for— 

21 ‘‘(A) an activity eligible under this title; 

22 and 

23 ‘‘(B) a project— 


lotter on DSKBCFDHB2PROD with BILLS
739 

•S 2302 RS

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 operations. 

9 ‘‘(6) APPLICATIONS.—To be eligible to receive a 

10 grant under paragraph (1), an eligible entity shall 

11 submit to the Secretary an application at such time, 

12 in such manner, and containing such information as 

13 the Secretary may require. 

14 ‘‘(7) FEDERAL SHARE.—The Federal share of the 

15 cost of a project carried out using a grant under 

16 paragraph (1) shall be, as determined at the discre17 tion of the grant recipient, up to 100 percent.’’. 

18 (b) CLERICAL AMENDMENT.—The analysis for chapter 

19 1 of title 23, United States Code (as amended by section 

20 1203(b)), is amended by inserting after the item relating 

21 to section 176 the following: 

‘‘177. Formula carbon reduction incentive program. 

‘‘178. Carbon reduction performance program.’’. 

22 SEC. 1404. CONGESTION RELIEF PROGRAM. 

23 (a) IN GENERAL.—Section 129 of title 23, United 

24 States Code, is amended by adding at the end the following: 


lotter on DSKBCFDHB2PROD with BILLS
740 

•S 2302 RS

1 ‘‘(d) CONGESTION RELIEF PROGRAM.— 

2 ‘‘(1) DEFINITIONS.—In this subsection: 

3 ‘‘(A) ELIGIBLE ENTITY.—The term ‘eligible 

4 entity’ means— 

5 ‘‘(i) a State, for the purpose of car6 rying out a project in an urbanized area 

7 with a population of more than 1,000,000; 

8 and 

9 ‘‘(ii) a metropolitan planning organi10 zation, city, or municipality, for the pur11 pose of carrying out a project in an urban12 ized area with a population of more than 

13 1,000,000. 

14 ‘‘(B) INTEGRATED CONGESTION MANAGE15 MENT SYSTEM.—The term ‘integrated congestion 

16 management system’ means a system for the in17 tegration of management and operations of a re18 gional transportation system that includes, at a 

19 minimum, traffic incident management, work 

20 zone management, traffic signal timing, man21 aged lanes, real-time traveler information, and 

22 active traffic management, in order to maximize 

23 the capacity of all facilities and modes across the 

24 applicable region. 


lotter on DSKBCFDHB2PROD with BILLS
741 

•S 2302 RS

1 ‘‘(C) PROGRAM.—The term ‘program’ 

2 means the congestion relief program established 

3 under paragraph (2). 

4 ‘‘(2) ESTABLISHMENT.—The Secretary shall es5 tablish a congestion relief program to provide discre6 tionary grants to eligible entities to advance innova7 tive, integrated, and multimodal solutions to conges8 tion relief in the most congested metropolitan areas of 

9 the United States. 

10 ‘‘(3) PROGRAM GOALS.—The goals of the pro11 gram are to reduce highway congestion, reduce eco12 nomic and environmental costs associated with that 

13 congestion, including transportation emissions, and 

14 optimize existing highway capacity and usage of 

15 highway and transit systems through— 

16 ‘‘(A) improving intermodal integration with 

17 highways, highway operations, and highway per18 formance; 

19 ‘‘(B) reducing or shifting highway users to 

20 off-peak travel times or to nonhighway travel 

21 modes during peak travel times; and 

22 ‘‘(C) pricing of, or based on, as applica23 ble— 

24 ‘‘(i) parking; 


lotter on DSKBCFDHB2PROD with BILLS
742 

•S 2302 RS

1 ‘‘(ii) use of roadways, including in 

2 designated geographic zones; or 

3 ‘‘(iii) congestion. 

4 ‘‘(4) ELIGIBLE PROJECTS.—Funds from a grant 

5 under the program may be used for a project or an 

6 integrated collection of projects, including planning, 

7 design, implementation, and construction activities, 

8 to achieve the program goals under paragraph (3), in9 cluding— 

10 ‘‘(A) deployment and operation of an inte11 grated congestion management system; 

12 ‘‘(B) deployment and operation of a system 

13 that implements or enforces high occupancy vehi14 cle toll lanes, cordon pricing, parking pricing, or 

15 congestion pricing; 

16 ‘‘(C) deployment and operation of mobility 

17 services, including establishing account-based fi18 nancial systems, commuter buses, commuter 

19 vans, express operations, paratransit, and on-de20 mand microtransit; and 

21 ‘‘(D) incentive programs that encourage 

22 travelers to carpool, use nonhighway travel 

23 modes during peak period, or travel during 

24 nonpeak periods. 

25 ‘‘(5) APPLICATION; SELECTION.— 


lotter on DSKBCFDHB2PROD with BILLS
743 

•S 2302 RS

1 ‘‘(A) APPLICATION.—To be eligible to re2 ceive a grant under the program, an eligible en3 tity shall submit to the Secretary an application 

4 at such time, in such manner, and containing 

5 such information as the Secretary may require. 

6 ‘‘(B) PRIORITY.—In providing grants under 

7 the program, the Secretary shall give priority to 

8 projects in urbanized areas that are experiencing 

9 a high degree of recurrent congestion. 

10 ‘‘(C) FEDERAL SHARE.—The Federal share 

11 of the cost of a project carried out with a grant 

12 under the program shall not exceed 80 percent of 

13 the total project cost. 

14 ‘‘(D) MINIMUM AWARD.—A grant provided 

15 under the program shall be not less than 

16 $10,000,000. 

17 ‘‘(6) USE OF TOLLING.— 

18 ‘‘(A) IN GENERAL.—Notwithstanding sub19 section (a)(1) and section 301 and subject to sub20 paragraphs (B) and (C), the Secretary shall 

21 allow the use of tolls on the Interstate System as 

22 part of a project carried out with a grant under 

23 the program. 


lotter on DSKBCFDHB2PROD with BILLS
744 

•S 2302 RS

1 ‘‘(B) REQUIREMENTS.—The Secretary may 

2 only approve the use of tolls under subparagraph 

3 (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 product 

9 obtained by multiplying— 

10 ‘‘(I) the toll rate for any other ve11 hicle 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 the 

16 use of tolls will enable the eligible entity to 

17 achieve the program goals under paragraph 

18 (3) without a significant impact to safety 

19 or mobility within the urbanized area in 

20 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 

24 approve the use of tolls on the Interstate System 


lotter on DSKBCFDHB2PROD with BILLS
745 

•S 2302 RS

1 under the program in more than 10 urbanized 

2 areas. 

3 ‘‘(7) FINANCIAL EFFECTS ON LOW-INCOME DRIV4 ERS.—A project under the program— 

5 ‘‘(A) shall include, if appropriate, an anal6 ysis of the potential effects of the project on low7 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 converted 

22 after the date of enactment of the America’s Trans23 portation Infrastructure Act of 2019, the public au24 thority with jurisdiction over the toll facility shall 

25 allow high occupancy vehicles, transit, and paraVerDate Sep 11 2014 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00745 Fmt 6652 Sfmt 6203 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
746 

•S 2302 RS

1 transit vehicles to use the facility at a discount rate 

2 or without charge, unless the public authority, in con3 sultation with the Secretary, determines that the 

4 number of those vehicles using the facility reduces the 

5 travel time reliability of the facility.’’. 

6 SEC. 1405. FREIGHT PLANS. 

7 (a) NATIONAL AND STATE FREIGHT PLANS.— 

8 (1) NATIONAL FREIGHT STRATEGIC PLAN.—Sec9 tion 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 the resilience 

17 of the freight system, including the ability to antici18 pate, prepare for, or adapt to conditions, or with19 stand, respond to, or recover rapidly from disrup20 tions, including extreme weather and natural disas21 ters; 

22 ‘‘(13) strategies to promote United States eco23 nomic growth and international competitiveness; and 


lotter on DSKBCFDHB2PROD with BILLS
747 

•S 2302 RS

1 ‘‘(14) strategies to reduce local air pollution, 

2 water runoff, and wildlife habitat loss resulting from 

3 freight facilities, freight vehicles, or freight activity.’’. 

4 (2) STATE FREIGHT PLANS.—Section 70202 of 

5 title 49, United States Code, is amended— 

6 (A) in subsection (b)— 

7 (i) in paragraph (9), by striking 

8 ‘‘and’’ at the end; 

9 (ii) by redesignating paragraph (10) 

10 as paragraph (13); and 

11 (iii) by inserting after paragraph (9) 

12 the following: 

13 ‘‘(10) the most recent commercial motor vehicle 

14 parking facilities assessment conducted under sub15 section (f); 

16 ‘‘(11) strategies and goals to decrease— 

17 ‘‘(A) the severity of impacts of extreme 

18 weather and natural disasters on freight mobil19 ity; 

20 ‘‘(B) the impacts of freight on local air pol21 lution; 

22 ‘‘(C) the impacts of freight on flooding, 

23 water runoff, and other adverse water impacts; 

24 and 


lotter on DSKBCFDHB2PROD with BILLS
748 

•S 2302 RS

1 ‘‘(D) the impacts of freight on wildlife habi2 tat loss; 

3 ‘‘(12) strategies and goals to decrease the adverse 

4 impact of freight transportation on communities tra5 versed by freight railroads; and’’; 

6 (B) by redesignating subsection (e) as sub7 section (h); and 

8 (C) by inserting after subsection (d) the fol9 lowing: 

10 ‘‘(e) PRIORITY.—Each State freight plan under this 

11 section shall include a requirement that the State, in car12 rying out activities under the State freight plan— 

13 ‘‘(1) enhance reliability or redundancy of freight 

14 transportation; or 

15 ‘‘(2) incorporate the ability to rapidly restore ac16 cess and reliability of freight transportation. 

17 ‘‘(f) COMMERCIAL MOTOR VEHICLE PARKING FACILI18 TIES ASSESSMENTS.—As part of the development or updat19 ing, as applicable, of the State freight plan under this sec20 tion, each State that receives funding under section 167 of 

21 title 23, in consultation with relevant State motor carrier 

22 safety personnel, shall conduct an assessment of— 

23 ‘‘(1) the capability of the State, together with the 

24 private sector in the State, to provide adequate parkVerDate Sep 11 2014 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00748 Fmt 6652 Sfmt 6203 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
749 

•S 2302 RS

1 ing facilities and rest facilities for commercial motor 

2 vehicles engaged in interstate transportation; 

3 ‘‘(2) the volume of commercial motor vehicle traf4 fic in the State; and 

5 ‘‘(3) whether there are any areas within the 

6 State that have a shortage of adequate commercial 

7 motor vehicle parking facilities, including an analysis 

8 (economic or otherwise, as the State determines to be 

9 appropriate) of the underlying causes of any such 

10 shortages. 

11 ‘‘(g) APPROVAL.— 

12 ‘‘(1) IN GENERAL.—The Secretary of Transpor13 tation shall approve a State freight plan described in 

14 subsection (a) if the plan achieves compliance with 

15 the requirements of this section. 

16 ‘‘(2) SAVINGS PROVISION.—Nothing in this sub17 section establishes new procedural requirements for 

18 the approval of a State freight plan described in sub19 section (a).’’. 

20 (b) STUDIES.—For the purpose of facilitating the inte21 gration of freight transportation into an intelligent trans22 portation system network powered by electricity, the Sec23 retary, acting through the Administrator of the Federal 

24 Highway Administration, shall conduct 2 or more appro25 priate studies relating to— 


lotter on DSKBCFDHB2PROD with BILLS
750 

•S 2302 RS

1 (1) preparing to supply power to applicable elec2 trical freight infrastructure; and 

3 (2) safely integrating freight into intelligent 

4 transportation systems. 

5 SEC. 1406. UTILIZING SIGNIFICANT EMISSIONS WITH INNO6 VATIVE TECHNOLOGIES. 

7 (a) RESEARCH, INVESTIGATION, TRAINING, AND

8 OTHER ACTIVITIES.—Section 103 of the Clean Air Act (42 

9 U.S.C. 7403) is amended— 

10 (1) in subsection (c)(3), in the first sentence of 

11 the matter preceding subparagraph (A), by striking 

12 ‘‘percursors’’ and inserting ‘‘precursors’’; and 

13 (2) in subsection (g)— 

14 (A) by redesignating paragraphs (1) 

15 through (4) as subparagraphs (A) through (D), 

16 respectively, and indenting appropriately; 

17 (B) in the undesignated matter following 

18 subparagraph (D) (as so redesignated)— 

19 (i) in the second sentence, by striking 

20 ‘‘The Administrator’’ and inserting the fol21 lowing: 

22 ‘‘(5) COORDINATION AND AVOIDANCE OF DUPLI23 CATION.—The Administrator’’; and 

24 (ii) in the first sentence, by striking 

25 ‘‘Nothing’’ and inserting the following: 


lotter on DSKBCFDHB2PROD with BILLS
751 

•S 2302 RS

1 ‘‘(4) EFFECT OF SUBSECTION.—Nothing’’; 

2 (C) in the matter preceding subparagraph 

3 (A) (as so redesignated)— 

4 (i) in the third sentence, by striking 

5 ‘‘Such program’’ and inserting the fol6 lowing: 

7 ‘‘(3) PROGRAM INCLUSIONS.—The program 

8 under this subsection’’; 

9 (ii) in the second sentence— 

10 (I) by inserting ‘‘States, institu11 tions of higher education,’’ after ‘‘sci12 entists,’’; and 

13 (II) by striking ‘‘Such strategies 

14 and technologies shall be developed’’ 

15 and inserting the following: 

16 ‘‘(2) PARTICIPATION REQUIREMENT.—Such 

17 strategies and technologies described in paragraph (1) 

18 shall be developed’’; and 

19 (iii) in the first sentence, by striking 

20 ‘‘In carrying out’’ and inserting the fol21 lowing: 

22 ‘‘(1) IN GENERAL.—In carrying out’’; and 

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

24 ‘‘(6) CERTAIN CARBON DIOXIDE ACTIVITIES.— 


lotter on DSKBCFDHB2PROD with BILLS
752 

•S 2302 RS

1 ‘‘(A) IN GENERAL.—In carrying out para2 graph (3)(A) with respect to carbon dioxide, the 

3 Administrator shall carry out the activities de4 scribed in each of subparagraphs (B), (C), (D), 

5 and (E). 

6 ‘‘(B) DIRECT AIR CAPTURE RESEARCH.— 

7 ‘‘(i) DEFINITIONS.—In this subpara8 graph: 

9 ‘‘(I) BOARD.—The term ‘Board’ 

10 means the Direct Air Capture Tech11 nology Advisory Board established by 

12 clause (iii)(I). 

13 ‘‘(II) DILUTE.—The term ‘dilute’ 

14 means a concentration of less than 1 

15 percent by volume. 

16 ‘‘(III) DIRECT AIR CAPTURE.— 

17 ‘‘(aa) IN GENERAL.—The 

18 term ‘direct air capture’, with re19 spect to a facility, technology, or 

20 system, means that the facility, 

21 technology, or system uses carbon 

22 capture equipment to capture car23 bon dioxide directly from the air. 

24 ‘‘(bb) EXCLUSION.—The term 

25 ‘direct air capture’ does not inVerDate Sep 11 2014 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00752 Fmt 6652 Sfmt 6203 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
753 

•S 2302 RS

1 clude any facility, technology, or 

2 system that captures carbon diox3 ide— 

4 ‘‘(AA) that is delib5 erately released from a natu6 rally occurring subsurface 

7 spring; or 

8 ‘‘(BB) using natural 

9 photosynthesis. 

10 ‘‘(IV) INTELLECTUAL PROP11 ERTY.—The term ‘intellectual property’ 

12 means— 

13 ‘‘(aa) an invention that is 

14 patentable under title 35, United 

15 States Code; and 

16 ‘‘(bb) any patent on an in17 vention described in item (aa). 

18 ‘‘(ii) TECHNOLOGY PRIZES.— 

19 ‘‘(I) IN GENERAL.—Not later than 

20 1 year after the date of enactment of 

21 the America’s Transportation Infra22 structure Act of 2019, the Adminis23 trator, in consultation with the Sec24 retary of Energy, shall establish a pro25 gram to provide, and shall provide, fiVerDate Sep 11 2014 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00753 Fmt 6652 Sfmt 6203 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
754 

•S 2302 RS

1 nancial awards on a competitive basis 

2 for direct air capture from media in 

3 which the concentration of carbon diox4 ide is dilute. 

5 ‘‘(II) DUTIES.—In carrying out 

6 this clause, the Administrator shall— 

7 ‘‘(aa) subject to subclause 

8 (III), develop specific require9 ments for— 

10 ‘‘(AA) the competition 

11 process; and 

12 ‘‘(BB) the demonstra13 tion of performance of ap14 proved projects; 

15 ‘‘(bb) offer financial awards 

16 for a project designed— 

17 ‘‘(AA) to the maximum 

18 extent practicable, to capture 

19 more than 10,000 tons of car20 bon dioxide per year; and 

21 ‘‘(BB) to operate in a 

22 manner that would be com23 mercially viable in the fore24 seeable future (as determined 

25 by the Board); and 


lotter on DSKBCFDHB2PROD with BILLS
755 

•S 2302 RS

1 ‘‘(cc) to the maximum extent 

2 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 re22 quirements. 

23 ‘‘(iii) DIRECT AIR CAPTURE TECH24 NOLOGY ADVISORY BOARD.— 


lotter on DSKBCFDHB2PROD with BILLS
756 

•S 2302 RS

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 pur20 poses of this subparagraph. 

21 ‘‘(III) TERM; VACANCIES.— 

22 ‘‘(aa) TERM.—A member of 

23 the Board shall serve for a term of 

24 6 years. 


lotter on DSKBCFDHB2PROD with BILLS
757 

•S 2302 RS

1 ‘‘(bb) VACANCIES.—A va2 cancy on the Board— 

3 ‘‘(AA) shall not affect 

4 the powers of the Board; and 

5 ‘‘(BB) shall be filled in 

6 the same manner as the 

7 original appointment was 

8 made. 

9 ‘‘(IV) INITIAL MEETING.—Not 

10 later than 30 days after the date on 

11 which all members of the Board have 

12 been appointed, the Board shall hold 

13 the initial meeting of the Board. 

14 ‘‘(V) MEETINGS.—The Board 

15 shall meet at the call of the Chair16 person or on the request of the Admin17 istrator. 

18 ‘‘(VI) QUORUM.—A majority of 

19 the members of the Board shall con20 stitute a quorum, but a lesser number 

21 of members may hold hearings. 

22 ‘‘(VII) CHAIRPERSON AND VICE

23 CHAIRPERSON.—The Board shall select 

24 a Chairperson and Vice Chairperson 

25 from among the members of the Board. 


lotter on DSKBCFDHB2PROD with BILLS
758 

•S 2302 RS

1 ‘‘(VIII) COMPENSATION.—Each 

2 member of the Board may be com3 pensated at not to exceed the daily 

4 equivalent of the annual rate of basic 

5 pay in effect for a position at level V 

6 of the Executive Schedule under section 

7 5316 of title 5, United States Code, for 

8 each day during which the member is 

9 engaged in the actual performance of 

10 the duties of the Board. 

11 ‘‘(IX) DUTIES.—The Board shall 

12 advise the Administrator on carrying 

13 out the duties of the Administrator 

14 under this subparagraph. 

15 ‘‘(X) FACA.—The Federal Advi16 sory Committee Act (5 U.S.C. App.) 

17 shall apply to the Board. 

18 ‘‘(iv) INTELLECTUAL PROPERTY.— 

19 ‘‘(I) IN GENERAL.—As a condi20 tion of receiving a financial award 

21 under this subparagraph, an applicant 

22 shall agree to vest the intellectual prop23 erty of the applicant derived from the 

24 technology in 1 or more entities that 

25 are incorporated in the United States. 


lotter on DSKBCFDHB2PROD with BILLS
759 

•S 2302 RS

1 ‘‘(II) RESERVATION OF LI2 CENSE.—The United States— 

3 ‘‘(aa) may reserve a non4 exclusive, nontransferable, irrev5 ocable, paid-up license, to have 

6 practiced for or on behalf of the 

7 United States, in connection with 

8 any intellectual property de9 scribed in subclause (I); but 

10 ‘‘(bb) shall not, in the exer11 cise of a license reserved under 

12 item (aa), publicly disclose pro13 prietary information relating to 

14 the license. 

15 ‘‘(III) TRANSFER OF TITLE.— 

16 Title to any intellectual property de17 scribed in subclause (I) shall not be 

18 transferred or passed, except to an en19 tity that is incorporated in the United 

20 States, until the expiration of the first 

21 patent obtained in connection with the 

22 intellectual property. 

23 ‘‘(v) AUTHORIZATION OF APPROPRIA24 TIONS.— 


lotter on DSKBCFDHB2PROD with BILLS
760 

•S 2302 RS

1 ‘‘(I) IN GENERAL.—There is au2 thorized to be appropriated to carry 

3 out this subparagraph $35,000,000, to 

4 remain available until expended. 

5 ‘‘(II) REQUIREMENT.—Research 

6 carried out using amounts made avail7 able under subclause (I) may not du8 plicate research funded by the Depart9 ment of Energy. 

10 ‘‘(vi) TERMINATION OF AUTHORITY.— 

11 The Board and all authority provided 

12 under this subparagraph shall terminate 

13 not later than 10 years after the date of en14 actment of the America’s Transportation 

15 Infrastructure Act of 2019. 

16 ‘‘(C) CARBON DIOXIDE UTILIZATION RE17 SEARCH.— 

18 ‘‘(i) DEFINITION OF CARBON DIOXIDE

19 UTILIZATION.—In this subparagraph, the 

20 term ‘carbon dioxide utilization’ refers to 

21 technologies or approaches that lead to the 

22 use of carbon dioxide— 

23 ‘‘(I) through the fixation of carbon 

24 dioxide through photosynthesis or 


lotter on DSKBCFDHB2PROD with BILLS
761 

•S 2302 RS

1 chemosynthesis, such as through the 

2 growing of algae or bacteria; 

3 ‘‘(II) through the chemical conver4 sion of carbon dioxide to a material or 

5 chemical compound in which the car6 bon dioxide is securely stored; or 

7 ‘‘(III) through the use of carbon 

8 dioxide for any other purpose for 

9 which a commercial market exists, as 

10 determined by the Administrator. 

11 ‘‘(ii) PROGRAM.—The Administrator, 

12 in consultation with the Secretary of En13 ergy, shall carry out a research and devel14 opment program for carbon dioxide utiliza15 tion to promote existing and new tech16 nologies that transform carbon dioxide gen17 erated by industrial processes into a prod18 uct of commercial value, or as an input to 

19 products of commercial value. 

20 ‘‘(iii) TECHNICAL AND FINANCIAL AS21 SISTANCE.—Not later than 2 years after the 

22 date of enactment of the America’s Trans23 portation Infrastructure Act of 2019, in 

24 carrying out this subsection, the Adminis25 trator, in consultation with the Secretary of 


lotter on DSKBCFDHB2PROD with BILLS
762 

•S 2302 RS

1 Energy, shall support research and infra2 structure activities relating to carbon diox3 ide utilization by providing technical assist4 ance and financial assistance in accordance 

5 with clause (iv). 

6 ‘‘(iv) ELIGIBILITY.—To be eligible to 

7 receive technical assistance and financial 

8 assistance under clause (iii), a carbon diox9 ide utilization project shall— 

10 ‘‘(I) have access to an emissions 

11 stream generated by a stationary 

12 source within the United States that is 

13 capable of supplying not less than 250 

14 metric tons per day of carbon dioxide 

15 for research; 

16 ‘‘(II) have access to adequate 

17 space for a laboratory and equipment 

18 for testing small-scale carbon dioxide 

19 utilization technologies, with onsite ac20 cess to larger test bays for scale-up; 

21 and 

22 ‘‘(III) have existing partnerships 

23 with institutions of higher education, 

24 private companies, States, or other 

25 government entities. 


lotter on DSKBCFDHB2PROD with BILLS
763 

•S 2302 RS

1 ‘‘(v) COORDINATION.—In supporting 

2 carbon dioxide utilization projects under 

3 this paragraph, the Administrator shall 

4 consult with the Secretary of Energy, and, 

5 as appropriate, with the head of any other 

6 relevant Federal agency, States, the private 

7 sector, and institutions of higher education 

8 to develop methods and technologies to ac9 count for the carbon dioxide emissions 

10 avoided by the carbon dioxide utilization 

11 projects. 

12 ‘‘(vi) AUTHORIZATION OF APPROPRIA13 TIONS.— 

14 ‘‘(I) IN GENERAL.—There is au15 thorized to be appropriated to carry 

16 out this subparagraph $50,000,000, to 

17 remain available until expended. 

18 ‘‘(II) REQUIREMENT.—Research 

19 carried out using amounts made avail20 able under subclause (I) may not du21 plicate research funded by the Depart22 ment of Energy. 

23 ‘‘(D) DEEP SALINE FORMATION REPORT.— 

24 ‘‘(i) DEFINITION OF DEEP SALINE FOR25 MATION.— 


lotter on DSKBCFDHB2PROD with BILLS
764 

•S 2302 RS

1 ‘‘(I) IN GENERAL.—In this sub2 paragraph, the term ‘deep saline for3 mation’ means a formation of sub4 surface geographically extensive sedi5 mentary rock layers saturated with 

6 waters or brines that have a high total 

7 dissolved solids content and that are 

8 below the depth where carbon dioxide 

9 can exist in the formation as a super10 critical fluid. 

11 ‘‘(II) CLARIFICATION.—In this 

12 subparagraph, the term ‘deep saline 

13 formation’ does not include oil and gas 

14 reservoirs. 

15 ‘‘(ii) REPORT.—In consultation with 

16 the Secretary of Energy, and, as appro17 priate, with the head of any other relevant 

18 Federal agency and relevant stakeholders, 

19 not later than 1 year after the date of enact20 ment of the America’s Transportation In21 frastructure Act of 2019, the Administrator 

22 shall prepare, submit to Congress, and make 

23 publicly available a report that includes— 

24 ‘‘(I) a comprehensive identifica25 tion of potential risks and benefits to 


lotter on DSKBCFDHB2PROD with BILLS
765 

•S 2302 RS

1 project developers associated with in2 creased storage of carbon dioxide cap3 tured from stationary sources in deep 

4 saline formations, using existing re5 search; 

6 ‘‘(II) recommendations, if any, for 

7 managing the potential risks identified 

8 under subclause (I), including poten9 tial risks unique to public land; and 

10 ‘‘(III) recommendations, if any, 

11 for Federal legislation or other policy 

12 changes to mitigate any potential risks 

13 identified under subclause (I). 

14 ‘‘(E) REPORT ON CARBON DIOXIDE NON15 REGULATORY STRATEGIES AND TECH16 NOLOGIES.— 

17 ‘‘(i) IN GENERAL.—Not less frequently 

18 than once every 2 years, the Administrator 

19 shall submit to the Committee on Environ20 ment and Public Works of the Senate and 

21 the Committee on Energy and Commerce of 

22 the House of Representatives a report that 

23 describes— 

24 ‘‘(I) the recipients of assistance 

25 under subparagraphs (B) and (C); and 


lotter on DSKBCFDHB2PROD with BILLS
766 

•S 2302 RS

1 ‘‘(II) a plan for supporting addi2 tional nonregulatory strategies and 

3 technologies that could significantly 

4 prevent carbon dioxide emissions or re5 duce carbon dioxide levels in the air, 

6 in conjunction with other Federal 

7 agencies. 

8 ‘‘(ii) INCLUSIONS.—The plan sub9 mitted under clause (i) shall include— 

10 ‘‘(I) a methodology for evaluating 

11 and ranking technologies based on the 

12 ability of the technologies to cost effec13 tively reduce carbon dioxide emissions 

14 or carbon dioxide levels in the air; and 

15 ‘‘(II) a description of any nonair16 related environmental or energy con17 siderations regarding the technologies. 

18 ‘‘(F) GAO REPORT.—The Comptroller Gen19 eral of the United States shall submit to Con20 gress a report that— 

21 ‘‘(i) identifies all Federal grant pro22 grams in which a purpose of a grant under 

23 the program is to perform research on car24 bon capture and utilization technologies, in25 cluding direct air capture technologies; and 


lotter on DSKBCFDHB2PROD with BILLS
767 

•S 2302 RS

1 ‘‘(ii) examines the extent to which the 

2 Federal grant programs identified pursuant 

3 to clause (i) overlap or are duplicative.’’. 

4 (b) REPORT.—Not later than 1 year after the date of 

5 enactment of this Act, the Administrator of the Environ6 mental Protection Agency (referred to in this subsection as 

7 the ‘‘Administrator’’) shall submit to Congress a report de8 scribing how funds appropriated to the Administrator dur9 ing the 5 most recent fiscal years have been used to carry 

10 out section 103 of the Clean Air Act (42 U.S.C. 7403), in11 cluding a description of— 

12 (1) the amount of funds used to carry out spe13 cific provisions of that section; and 

14 (2) the practices used by the Administrator to 

15 differentiate funding used to carry out that section, as 

16 compared to funding used to carry out other provi17 sions of law. 

18 (c) INCLUSION OF CARBON CAPTURE INFRASTRUC19 TURE PROJECTS.—Section 41001(6) of the FAST Act (42 

20 U.S.C. 4370m(6)) is amended— 

21 (1) in subparagraph (A)— 

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

23 inserting ‘‘carbon capture,’’ after ‘‘manufac24 turing,’’; 


lotter on DSKBCFDHB2PROD with BILLS
768 

•S 2302 RS

1 (B) in clause (i)(III), by striking ‘‘or’’ at 

2 the end; 

3 (C) by redesignating clause (ii) as clause 

4 (iii); and 

5 (D) by inserting after clause (i) the fol6 lowing: 

7 ‘‘(ii) is covered by a programmatic 

8 plan or environmental review developed for 

9 the primary purpose of facilitating develop10 ment of carbon dioxide pipelines; or’’; and 

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

12 ‘‘(C) INCLUSION.—For purposes of subpara13 graph (A), construction of infrastructure for car14 bon capture includes construction of— 

15 ‘‘(i) any facility, technology, or system 

16 that captures, utilizes, or sequesters carbon 

17 dioxide emissions, including projects for di18 rect air capture (as defined in paragraph 

19 (6)(B)(i) of section 103(g) of the Clean Air 

20 Act (42 U.S.C. 7403(g)); and 

21 ‘‘(ii) carbon dioxide pipelines.’’. 

22 (d) DEVELOPMENT OF CARBON CAPTURE, UTILIZA23 TION, AND SEQUESTRATION REPORT, PERMITTING GUID24 ANCE, AND REGIONAL PERMITTING TASK FORCE.— 

25 (1) DEFINITIONS.—In this subsection: 


lotter on DSKBCFDHB2PROD with BILLS
769 

•S 2302 RS

1 (A) CARBON CAPTURE, UTILIZATION, AND

2 SEQUESTRATION PROJECTS.—The term ‘‘carbon 

3 capture, utilization, and sequestration projects’’ 

4 includes projects for direct air capture (as de5 fined in paragraph (6)(B)(i) of section 103(g) of 

6 the Clean Air Act (42 U.S.C. 7403(g))). 

7 (B) EFFICIENT, ORDERLY, AND RESPON8 SIBLE.—The term ‘‘efficient, orderly, and respon9 sible’’ means, with respect to development or the 

10 permitting process for carbon capture, utiliza11 tion, and sequestration projects and carbon diox12 ide pipelines, a process that is completed in an 

13 expeditious manner while maintaining environ14 mental, health, and safety protections. 

15 (2) REPORT.— 

16 (A) IN GENERAL.—Not later than 180 days 

17 after the date of enactment of this Act, the Chair 

18 of the Council on Environmental Quality (re19 ferred to in this subsection as the ‘‘Chair’’), in 

20 consultation with the Administrator of the Envi21 ronmental Protection Agency, the Secretary of 

22 Energy, the Secretary of the Interior, the Execu23 tive Director of the Federal Permitting Improve24 ment Council, and the head of any other relevant 


lotter on DSKBCFDHB2PROD with BILLS
770 

•S 2302 RS

1 Federal agency (as determined by the President), 

2 shall prepare a report that— 

3 (i) compiles all existing relevant Fed4 eral permitting and review information and 

5 resources for project applicants, agencies, 

6 and other stakeholders interested in the de7 ployment of carbon capture, utilization, and 

8 sequestration projects and carbon dioxide 

9 pipelines, including— 

10 (I) the appropriate points of 

11 interaction with Federal agencies; 

12 (II) clarification of the permitting 

13 responsibilities and authorities among 

14 Federal agencies; and 

15 (III) best practices and templates 

16 for permitting; 

17 (ii) inventories current or emerging ac18 tivities that transform captured carbon di19 oxide into a product of commercial value, or 

20 as an input to products of commercial 

21 value; 

22 (iii) inventories existing initiatives 

23 and recent publications that analyze or 

24 identify priority carbon dioxide pipelines 

25 needed to enable efficient, orderly, and reVerDate Sep 11 2014 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00770 Fmt 6652 Sfmt 6203 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
771 

•S 2302 RS

1 sponsible development of carbon capture, 

2 utilization, and sequestration projects at in3 creased scale; 

4 (iv) identifies gaps in the current Fed5 eral regulatory framework for the deploy6 ment of carbon capture, utilization, and se7 questration projects and carbon dioxide 

8 pipelines; and 

9 (v) identifies Federal financing mecha10 nisms available to project developers. 

11 (B) SUBMISSION; PUBLICATION.—The Chair 

12 shall— 

13 (i) submit the report under subpara14 graph (A) to the Committee on Environ15 ment and Public Works of the Senate and 

16 the Committee on Energy and Commerce of 

17 the House of Representatives; and 

18 (ii) as soon as practicable, make the 

19 report publicly available. 

20 (3) GUIDANCE.— 

21 (A) IN GENERAL.—After submission of the 

22 report under paragraph (2)(B), but not later 

23 than 1 year after the date of enactment of this 

24 Act, the Chair shall submit guidance consistent 


lotter on DSKBCFDHB2PROD with BILLS
772 

•S 2302 RS

1 with that report to all relevant Federal agencies 

2 that— 

3 (i) facilitates reviews associated with 

4 the deployment of carbon capture, utiliza5 tion, and sequestration projects and carbon 

6 dioxide pipelines; and 

7 (ii) supports the efficient, orderly, and 

8 responsible development of carbon capture, 

9 utilization, and sequestration projects and 

10 carbon dioxide pipelines. 

11 (B) REQUIREMENTS.— 

12 (i) IN GENERAL.—The guidance under 

13 subparagraph (A) shall address require14 ments under— 

15 (I) the National Environmental 

16 Policy Act of 1969 (42 U.S.C. 4321 et 

17 seq.); 

18 (II) the Federal Water Pollution 

19 Control Act (33 U.S.C. 1251 et seq.); 

20 (III) the Clean Air Act (42 U.S.C. 

21 7401 et seq.); 

22 (IV) the Safe Drinking Water Act 

23 (42 U.S.C. 300f et seq.); 

24 (V) the Endangered Species Act of 

25 1973 (16 U.S.C. 1531 et seq.); 


lotter on DSKBCFDHB2PROD with BILLS
773 

•S 2302 RS

1 (VI) division A of subtitle III of 

2 title 54, United States Code (formerly 

3 known as the ‘‘National Historic Pres4 ervation Act’’); 

5 (VII) the Migratory Bird Treaty 

6 Act (16 U.S.C. 703 et seq.); 

7 (VIII) the Act of June 8, 1940 (16 

8 U.S.C. 668 et seq.) (commonly known 

9 as the ‘‘Bald and Golden Eagle Protec10 tion Act’’); and 

11 (IX) any other Federal law that 

12 the Chair determines to be appro13 priate. 

14 (ii) ENVIRONMENTAL REVIEWS.—The 

15 guidance under subparagraph (A) shall in16 clude direction to States and other inter17 ested parties for the development of pro18 grammatic environmental reviews under the 

19 National Environmental Policy Act of 1969 

20 (42 U.S.C. 4321 et seq.) for carbon capture, 

21 utilization, and sequestration projects and 

22 carbon dioxide pipelines. 

23 (iii) PUBLIC INVOLVEMENT.—The 

24 guidance under subparagraph (A) shall be 

25 subject to the public notice, comment, and 


lotter on DSKBCFDHB2PROD with BILLS
774 

•S 2302 RS

1 solicitation of information procedures under 

2 section 1506.6 of title 40, Code of Federal 

3 Regulations (or a successor regulation). 

4 (C) SUBMISSION; PUBLICATION.—The Chair 

5 shall— 

6 (i) submit the guidance under subpara7 graph (A) to the Committee on Environ8 ment and Public Works of the Senate and 

9 the Committee on Energy and Commerce of 

10 the House of Representatives; and 

11 (ii) as soon as practicable, make the 

12 guidance publicly available. 

13 (D) EVALUATION.—The Chair shall— 

14 (i) periodically evaluate the reports of 

15 the task forces under paragraph (4)(E) and, 

16 as necessary, revise the guidance under sub17 paragraph (A); and 

18 (ii) each year, submit to the Committee 

19 on Environment and Public Works of the 

20 Senate, the Committee on Energy and Com21 merce of the House of Representatives, and 

22 relevant Federal agencies a report that de23 scribes any recommendations for legislation, 

24 rules, revisions to rules, or other policies 


lotter on DSKBCFDHB2PROD with BILLS
775 

•S 2302 RS

1 that would address the issues identified by 

2 the task forces under paragraph (4)(E). 

3 (4) TASK FORCE.— 

4 (A) ESTABLISHMENT.—Not later than 18 

5 months after the date of enactment of this Act, 

6 the Chair shall establish not less than 2 task 

7 forces, which shall each cover a different geo8 graphical area with differing demographic, land 

9 use, or geological issues— 

10 (i) to identify permitting and other 

11 challenges and successes that permitting au12 thorities and project developers and opera13 tors face; and 

14 (ii) to improve the performance of the 

15 permitting process and regional coordina16 tion for the purpose of promoting the effi17 cient, orderly, and responsible development 

18 of carbon capture, utilization, and seques19 tration projects and carbon dioxide pipe20 lines. 

21 (B) MEMBERS AND SELECTION.— 

22 (i) IN GENERAL.—The Chair shall— 

23 (I) develop criteria for the selec24 tion of members to each task force; and 


lotter on DSKBCFDHB2PROD with BILLS
776 

•S 2302 RS

1 (II) select members for each task 

2 force in accordance with subclause (I) 

3 and clause (ii). 

4 (ii) MEMBERS.—Each task force— 

5 (I) shall include not less than 1 

6 representative of each of— 

7 (aa) the Environmental Pro8 tection Agency; 

9 (bb) the Department of En10 ergy; 

11 (cc) the Department of the 

12 Interior; 

13 (dd) any other Federal agen14 cy the Chair determines to be ap15 propriate; 

16 (ee) any State that requests 

17 participation in the geographical 

18 area covered by the task force; 

19 (ff) developers or operators of 

20 carbon capture, utilization, and 

21 sequestration projects or carbon 

22 dioxide pipelines; and 

23 (gg) nongovernmental mem24 bership organizations, the priVerDate Sep 11 2014 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00776 Fmt 6652 Sfmt 6203 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
777 

•S 2302 RS

1 mary mission of which concerns 

2 protection of the environment; and 

3 (II) at the request of a Tribal or 

4 local government, may include a rep5 resentative of— 

6 (aa) not less than 1 local 

7 government in the geographical 

8 area covered by the task force; and 

9 (bb) not less than 1 Tribal 

10 government in the geographical 

11 area covered by the task force. 

12 (C) MEETINGS.— 

13 (i) IN GENERAL.—Each task force shall 

14 meet not less than twice each year. 

15 (ii) JOINT MEETING.—To the max16 imum extent practicable, the task forces 

17 shall meet collectively not less than once 

18 each year. 

19 (D) DUTIES.—Each task force shall— 

20 (i) inventory existing or potential Fed21 eral and State approaches to facilitate re22 views associated with the deployment of car23 bon capture, utilization, and sequestration 

24 projects and carbon dioxide pipelines, in25 cluding best practices that— 


lotter on DSKBCFDHB2PROD with BILLS
778 

•S 2302 RS

1 (I) avoid duplicative reviews; 

2 (II) engage stakeholders early in 

3 the permitting process; and 

4 (III) make the permitting process 

5 efficient, orderly, and responsible; 

6 (ii) develop common models for State7 level carbon dioxide pipeline regulation and 

8 oversight guidelines that can be shared with 

9 States in the geographical area covered by 

10 the task force; 

11 (iii) provide technical assistance to 

12 States in the geographical area covered by 

13 the task force in implementing regulatory 

14 requirements and any models developed 

15 under clause (ii); 

16 (iv) inventory current or emerging ac17 tivities that transform captured carbon di18 oxide into a product of commercial value, or 

19 as an input to products of commercial 

20 value; 

21 (v) identify any priority carbon diox22 ide pipelines needed to enable efficient, or23 derly, and responsible development of car24 bon capture, utilization, and sequestration 

25 projects at increased scale; 


lotter on DSKBCFDHB2PROD with BILLS
779 

•S 2302 RS

1 (vi) identify gaps in the current Fed2 eral and State regulatory framework and in 

3 existing data for the deployment of carbon 

4 capture, utilization, and sequestration 

5 projects and carbon dioxide pipelines; 

6 (vii) identify Federal and State fi7 nancing mechanisms available to project de8 velopers; and 

9 (viii) develop recommendations for rel10 evant Federal agencies on how to develop 

11 and research technologies that— 

12 (I) can capture carbon dioxide; 

13 and 

14 (II) would be able to be deployed 

15 within the region covered by the task 

16 force, including any projects that have 

17 received technical or financial assist18 ance for research under paragraph (6) 

19 of section 103(g) of the Clean Air Act 

20 (42 U.S.C. 7403(g)). 

21 (E) REPORT.—Each year, each task force 

22 shall prepare and submit to the Chair and to the 

23 other task forces a report that includes— 

24 (i) any recommendations for improve25 ments in efficient, orderly, and responsible 


lotter on DSKBCFDHB2PROD with BILLS
780 

•S 2302 RS

1 issuance or administration of Federal per2 mits and other Federal authorizations re3 quired under a law described in paragraph 

4 (3)(B)(i); and 

5 (ii) any other nationally relevant in6 formation that the task force has collected in 

7 carrying out the duties under subparagraph 

8 (D). 

9 (F) EVALUATION.—Not later than 5 years 

10 after the date of enactment of this Act, the Chair 

11 shall— 

12 (i) reevaluate the need for the task 

13 forces; and 

14 (ii) submit to Congress a recommenda15 tion as to whether the task forces should 

16 continue. 

17 SEC. 1407. PROMOTING RESILIENT OPERATIONS FOR 

18 TRANSFORMATIVE, EFFICIENT, AND COST19 SAVING TRANSPORTATION (PROTECT) GRANT 

20 PROGRAM. 

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

22 Code (as amended by section 1403(a)), is amended by add23 ing at the end the following: 


lotter on DSKBCFDHB2PROD with BILLS
781 

•S 2302 RS

1 ‘‘§ 179. Promoting Resilient Operations for Trans2 formative, Efficient, and Cost-saving 

3 Transportation (PROTECT) grant pro4 gram 

5 ‘‘(a) DEFINITIONS.—In this section: 

6 ‘‘(1) EMERGENCY EVENT.—The term ‘emergency 

7 event’ means a natural disaster or catastrophic fail8 ure resulting in— 

9 ‘‘(A) an emergency declared by the Governor 

10 of the State in which the disaster or failure oc11 curred; or 

12 ‘‘(B) an emergency or disaster declared by 

13 the President. 

14 ‘‘(2) EVACUATION ROUTE.—The term ‘evacuation 

15 route’ means a transportation route or system that— 

16 ‘‘(A) is owned, operated, or maintained by 

17 a Federal, State, Tribal, or local government or 

18 a private entity; 

19 ‘‘(B) is used— 

20 ‘‘(i) to transport the public away from 

21 emergency events; or 

22 ‘‘(ii) to transport emergency responders 

23 and recovery resources; and 

24 ‘‘(C) is designated by the eligible entity 

25 with jurisdiction over the area in which the 


lotter on DSKBCFDHB2PROD with BILLS
782 

•S 2302 RS

1 route is located for the purposes described in sub2 paragraph (B). 

3 ‘‘(3) PROGRAM.—The term ‘program’ means the 

4 grant program established under subsection (b)(1). 

5 ‘‘(4) RESILIENCE IMPROVEMENT.—The term ‘re6 silience improvement’ means the use of materials or 

7 structural or nonstructural techniques, including nat8 ural infrastructure— 

9 ‘‘(A) that allow a project— 

10 ‘‘(i) to better anticipate, prepare for, 

11 and adapt to changing conditions and to 

12 withstand and respond to disruptions; and 

13 ‘‘(ii) to be better able to continue to 

14 serve the primary function of the project 

15 during and after weather events and nat16 ural disasters for the expected life of the 

17 project; or 

18 ‘‘(B) that— 

19 ‘‘(i) reduce the magnitude and dura20 tion of impacts of current and future weath21 er events and natural disasters to a project; 

22 or 

23 ‘‘(ii) have the absorptive capacity, 

24 adaptive capacity, and recoverability to deVerDate Sep 11 2014 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00782 Fmt 6652 Sfmt 6203 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
783 

•S 2302 RS

1 crease project vulnerability to current and 

2 future weather events or natural disasters. 

3 ‘‘(b) ESTABLISHMENT.— 

4 ‘‘(1) IN GENERAL.—The Secretary shall establish 

5 a grant program, to be known as the ‘Promoting Re6 silient Operations for Transformative, Efficient, and 

7 Cost-saving Transportation grant program’ or the 

8 ‘PROTECT grant program’. 

9 ‘‘(2) PURPOSE.—The purpose of the program is 

10 to provide grants for resilience improvements 

11 through— 

12 ‘‘(A) formula funding distributed to States; 

13 ‘‘(B) competitive planning grants to enable 

14 communities to assess vulnerabilities to current 

15 and future weather events and natural disasters 

16 and changing conditions, including sea level rise, 

17 and plan infrastructure improvements and emer18 gency response strategies to address those 

19 vulnerabilities; and 

20 ‘‘(C) competitive resilience improvement 

21 grants to protect— 

22 ‘‘(i) infrastructure assets by making 

23 the assets more resilient to current and fu24 ture weather events and natural disasters, 

25 such as severe storms, flooding, drought, 


lotter on DSKBCFDHB2PROD with BILLS
784 

•S 2302 RS

1 levee and dam failures, wildfire, rockslides, 

2 mudslides, sea level rise, extreme weather, 

3 including extreme temperature, and earth4 quakes; 

5 ‘‘(ii) communities through resilience 

6 improvements and strategies that allow for 

7 the continued operation or rapid recovery of 

8 surface transportation systems that— 

9 ‘‘(I) serve critical local, regional, 

10 and national needs, including evacu11 ation routes; and 

12 ‘‘(II) provide access or service to 

13 hospitals and other medical or emer14 gency service facilities, major employ15 ers, critical manufacturing centers, 

16 ports and intermodal facilities, utili17 ties, and Federal facilities; 

18 ‘‘(iii) coastal infrastructure, such as a 

19 tide gate, that is at long-term risk to sea 

20 level rise; and 

21 ‘‘(iv) natural infrastructure that pro22 tects and enhances surface transportation 

23 assets while improving ecosystem condi24 tions, including culverts that ensure ade25 quate flows in rivers and estuarine systems. 


lotter on DSKBCFDHB2PROD with BILLS
785 

•S 2302 RS

1 ‘‘(c) FORMULA AWARDS.— 

2 ‘‘(1) DISTRIBUTION OF FUNDS TO STATES.— 

3 ‘‘(A) IN GENERAL.—For each fiscal year, 

4 the Secretary shall distribute among the States 

5 the amounts made available to carry out this 

6 subsection for that fiscal year in accordance with 

7 subparagraph (B). 

8 ‘‘(B) DISTRIBUTION.—The amount for each 

9 State shall be determined by multiplying the 

10 total amount made available to carry out this 

11 subsection for the applicable fiscal year by the 

12 ratio that— 

13 ‘‘(i) the total base apportionment for 

14 the State under section 104(c); bears to 

15 ‘‘(ii) the total base apportionments for 

16 all States under section 104(c). 

17 ‘‘(2) ELIGIBLE ACTIVITIES.— 

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

19 subparagraph (B), a State shall use funds made 

20 available under paragraph (1) to carry out ac21 tivities eligible under subparagraph (A), (B), or 

22 (C) of subsection (d)(4). 

23 ‘‘(B) PLANNING SET-ASIDE.—Of the 

24 amounts made available to each State under 

25 paragraph (1) for each fiscal year, not less than 


lotter on DSKBCFDHB2PROD with BILLS
786 

•S 2302 RS

1 2 percent shall be for activities described in sub2 section (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; and 

11 ‘‘(ii) indicate to the Secretary whether 

12 the State plans to implement 1 or more 

13 components of the risk mitigation plan 

14 under section 322 of the Robert T. Stafford 

15 Disaster Relief and Emergency Assistance 

16 Act (42 U.S.C. 5165) with respect to the 

17 area. 

18 ‘‘(B) ELIGIBILITIES.—A State shall use 

19 funds made available under paragraph (1) for— 

20 ‘‘(i) a highway project eligible for as21 sistance under this title; 

22 ‘‘(ii) a public transportation facility 

23 or service eligible for assistance under chap24 ter 53 of title 49; 


lotter on DSKBCFDHB2PROD with BILLS
787 

•S 2302 RS

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 nat14 ural infrastructure or the construction or modi15 fication 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; 


lotter on DSKBCFDHB2PROD with BILLS
788 

•S 2302 RS

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 provided 

7 in subsection (f)(1), the Federal share of the 

8 cost of a project carried out using funds 

9 made available under paragraph (1) shall 

10 not exceed 80 percent of the total project 

11 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 require16 ment for a project under this subsection. 

17 ‘‘(E) ELIGIBLE PROJECT COSTS.— 

18 ‘‘(i) IN GENERAL.—Except as provided 

19 in clause (ii), eligible project costs for ac20 tivities carried out by a State with funds 

21 made available under paragraph (1) may 

22 include the costs of— 

23 ‘‘(I) development phase activities, 

24 including planning, feasibility anal25 ysis, revenue forecasting, environVerDate Sep 11 2014 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00788 Fmt 6652 Sfmt 6203 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
789 

•S 2302 RS

1 mental review, preliminary engineer2 ing and design work, and other 

3 preconstruction activities; and 

4 ‘‘(II) construction, reconstruction, 

5 rehabilitation, and acquisition of real 

6 property (including land related to the 

7 project and improvements to land), en8 vironmental mitigation, construction 

9 contingencies, acquisition of equipment 

10 directly related to improving system 

11 performance, and operational improve12 ments. 

13 ‘‘(ii) ELIGIBLE PLANNING COSTS.—In 

14 the case of a planning activity described in 

15 subsection (d)(3) that is carried out by a 

16 State with funds made available under 

17 paragraph (1), eligible costs may include 

18 development phase activities, including 

19 planning, feasibility analysis, revenue fore20 casting, environmental review, preliminary 

21 engineering and design work, other 

22 preconstruction activities, and other activi23 ties consistent with carrying out the pur24 poses of subsection (d)(3). 


lotter on DSKBCFDHB2PROD with BILLS
790 

•S 2302 RS

1 ‘‘(F) LIMITATIONS.—In carrying out this 

2 subsection, a State— 

3 ‘‘(i) may use not more than 25 percent 

4 of the amounts made available under this 

5 subsection for the construction of new ca6 pacity; 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 distrib13 uted to States under subsection (c)(1), the Secretary 

14 shall provide grants on a competitive basis under this 

15 subsection to eligible entities described in paragraph 

16 (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 organization. 

23 ‘‘(C) A unit of local government. 


lotter on DSKBCFDHB2PROD with BILLS
791 

•S 2302 RS

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 (A) 

11 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; 

23 ‘‘(C) technical capacity building by the eli24 gible entity to facilitate the ability of the eligible 

25 entity to assess the vulnerabilities of the infraVerDate Sep 11 2014 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00791 Fmt 6652 Sfmt 6203 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
792 

•S 2302 RS

1 structure assets and community response strate2 gies of the eligible entity under current condi3 tions and a range of potential future conditions; 

4 or 

5 ‘‘(D) evacuation planning and preparation. 

6 ‘‘(4) RESILIENCE GRANTS.— 

7 ‘‘(A) RESILIENCE IMPROVEMENT GRANTS.— 

8 ‘‘(i) IN GENERAL.—Using funds made 

9 available under this subsection, the Sec10 retary shall provide resilience improvement 

11 grants to eligible entities to carry out 1 or 

12 more eligible activities under clause (ii). 

13 ‘‘(ii) ELIGIBLE ACTIVITIES.— 

14 ‘‘(I) IN GENERAL.—An eligible en15 tity may use a resilience improvement 

16 grant under this subparagraph for 1 or 

17 more construction activities to enable 

18 an existing surface transportation in19 frastructure asset to withstand 1 or 

20 more elements of a weather event or 

21 natural disaster, or to increase the re22 silience of surface transportation infra23 structure from the impacts of changing 

24 conditions, such as sea level rise, floodVerDate Sep 11 2014 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00792 Fmt 6652 Sfmt 6203 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
793 

•S 2302 RS

1 ing, extreme weather events, and other 

2 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 exist15 ing surface transportation facility 

16 to meet or exceed Federal High17 way Administration approved de18 sign 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; 


lotter on DSKBCFDHB2PROD with BILLS
794 

•S 2302 RS

1 ‘‘(ff) a resilience project that 

2 addresses identified vulnerabilities 

3 described in the resilience im4 provement plan of the eligible en5 tity, if applicable; 

6 ‘‘(gg) relocating roadways in 

7 a base floodplain to higher ground 

8 above projected flood elevation lev9 els, or away from slide prone 

10 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; 


lotter on DSKBCFDHB2PROD with BILLS
795 

•S 2302 RS

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 eligi14 ble activity proposed to be carried 

15 out by the eligible entity exceed 

16 the costs of the activity; and 

17 ‘‘(bb) there is a need to ad18 dress the vulnerabilities of infra19 structure assets of the eligible enti20 ty with a high risk of, and im21 pacts associated with, failure due 

22 to the impacts of weather events, 

23 natural disasters, or changing 

24 conditions, such as sea level rise 

25 and increased flood risk; or 


lotter on DSKBCFDHB2PROD with BILLS
796 

•S 2302 RS

1 ‘‘(II) the eligible activity proposed 

2 to be carried out by the eligible entity 

3 is included in the applicable resilience 

4 improvement plan under subsection 

5 (f)(2). 

6 ‘‘(B) COMMUNITY RESILIENCE AND EVACU7 ATION ROUTE GRANTS.— 

8 ‘‘(i) IN GENERAL.—Using funds made 

9 available under this subsection, the Sec10 retary shall provide community resilience 

11 and evacuation route grants to eligible enti12 ties to carry out 1 or more eligible activities 

13 under clause (ii). 

14 ‘‘(ii) ELIGIBLE ACTIVITIES.—An eligi15 ble entity may use a community resilience 

16 and evacuation route grant under this sub17 paragraph for 1 or more projects that 

18 strengthen and protect evacuation routes 

19 that are essential for providing and sup20 porting evacuations caused by emergency 

21 events, including a project that— 

22 ‘‘(I) is an eligible activity under 

23 subparagraph (A)(ii), if that eligible 

24 activity will improve an evacuation 

25 route; 


lotter on DSKBCFDHB2PROD with BILLS
797 

•S 2302 RS

1 ‘‘(II) ensures the ability of the 

2 evacuation route to provide safe pas3 sage during an evacuation and reduces 

4 the risk of damage to evacuation routes 

5 as a result of future emergency events, 

6 including restoring or replacing exist7 ing evacuation routes that are in poor 

8 condition or not designed to meet the 

9 anticipated demand during an emer10 gency event, and including steps to 

11 protect routes from mud, rock, or other 

12 debris slides; 

13 ‘‘(III) if the Secretary determines 

14 that existing evacuation routes are not 

15 sufficient to adequately facilitate evac16 uations, including the transportation 

17 of emergency responders and recovery 

18 resources, expands the capacity of evac19 uation routes to swiftly and safely ac20 commodate evacuations, including in21 stallation of— 

22 ‘‘(aa) communications and 

23 intelligent transportation system 

24 equipment and infrastructure; 


lotter on DSKBCFDHB2PROD with BILLS
798 

•S 2302 RS

1 ‘‘(bb) counterflow measures; 

2 or 

3 ‘‘(cc) shoulders; 

4 ‘‘(IV) is for the construction of— 

5 ‘‘(aa) new or redundant 

6 evacuation routes, if the Secretary 

7 determines that existing evacu8 ation routes are not sufficient to 

9 adequately facilitate evacuations, 

10 including the transportation of 

11 emergency responders and recov12 ery resources; or 

13 ‘‘(bb) sheltering facilities that 

14 are functionally connected to an 

15 eligible project; 

16 ‘‘(V) is for the acquisition of evac17 uation route or traffic incident man18 agement equipment, vehicles, or sign19 age; or 

20 ‘‘(VI) will ensure access or service 

21 to critical destinations, including hos22 pitals and other medical or emergency 

23 service facilities, major employers, crit24 ical manufacturing centers, ports and 


lotter on DSKBCFDHB2PROD with BILLS
799 

•S 2302 RS

1 intermodal facilities, utilities, and 

2 Federal facilities. 

3 ‘‘(iii) PRIORITY.—The Secretary shall 

4 prioritize community resilience and evacu5 ation route grants under this subparagraph 

6 for eligible activities that are cost-effective, 

7 as determined by the Secretary, taking into 

8 account— 

9 ‘‘(I) current and future 

10 vulnerabilities to an evacuation route 

11 due to future occurrence or recurrence 

12 of emergency events that are likely to 

13 occur in the geographic area in which 

14 the evacuation route is located; and 

15 ‘‘(II) projected changes in develop16 ment patterns, demographics, and ex17 treme weather events based on the best 

18 available evidence and analysis. 

19 ‘‘(iv) CONSULTATION.—In providing 

20 grants for community resilience and evacu21 ation routes under this subparagraph, the 

22 Secretary shall consult with the Adminis23 trator of the Federal Emergency Manage24 ment Agency, who shall provide technical 


lotter on DSKBCFDHB2PROD with BILLS
800 

•S 2302 RS

1 assistance to the Secretary and to eligible 

2 entities. 

3 ‘‘(C) AT-RISK COASTAL INFRASTRUCTURE

4 GRANTS.— 

5 ‘‘(i) DEFINITION OF COASTAL STATE.— 

6 In this subparagraph, the term ‘coastal 

7 State’ means— 

8 ‘‘(I) a State in, or bordering on, 

9 the Atlantic, Pacific, or Arctic Ocean, 

10 the Gulf of Mexico, Long Island Sound, 

11 or 1 or more of the Great Lakes; 

12 ‘‘(II) the United States Virgin Is13 lands; 

14 ‘‘(III) Guam; 

15 ‘‘(IV) American Samoa; and 

16 ‘‘(V) the Commonwealth of the 

17 Northern Mariana Islands. 

18 ‘‘(ii) GRANTS.—Using funds made 

19 available under this subsection, the Sec20 retary shall provide at-risk coastal infra21 structure grants to eligible entities in coast22 al States to carry out 1 or more eligible ac23 tivities under clause (iii). 

24 ‘‘(iii) ELIGIBLE ACTIVITIES.—An eligi25 ble entity may use an at-risk coastal infraVerDate Sep 11 2014 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00800 Fmt 6652 Sfmt 6203 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
801 

•S 2302 RS

1 structure grant under this subparagraph for 

2 strengthening, stabilizing, hardening, ele3 vating, relocating, or otherwise enhancing 

4 the resilience of highway and non-rail in5 frastructure, including bridges, roads, pe6 destrian walkways, and bicycle lanes, and 

7 associated infrastructure, such as culverts 

8 and tide gates, that are subject to, or face 

9 increased long-term future risks of, a weath10 er event, a natural disaster, or changing 

11 conditions, including coastal flooding, coast12 al erosion, wave action, storm surge, or sea 

13 level rise, in order to improve transpor14 tation and public safety and to reduce costs 

15 by avoiding larger future maintenance or 

16 rebuilding costs. 

17 ‘‘(iv) CRITERIA.—The Secretary shall 

18 provide at-risk coastal infrastructure grants 

19 under this subparagraph for a project— 

20 ‘‘(I) that addresses the risks from 

21 a current or future weather event or 

22 natural disaster, including coastal 

23 flooding, coastal erosion, wave action, 

24 storm surge, or sea level change; and 


lotter on DSKBCFDHB2PROD with BILLS
802 

•S 2302 RS

1 ‘‘(II) that reduces long-term infra2 structure costs by avoiding larger fu3 ture maintenance or rebuilding costs. 

4 ‘‘(v) COASTAL BENEFITS.—In addition 

5 to the criteria under clause (iv), for the pur6 pose of providing at-risk coastal infrastruc7 ture grants under this subparagraph, the 

8 Secretary shall evaluate the extent to which 

9 a project will provide— 

10 ‘‘(I) access to coastal homes, busi11 nesses, communities, and other critical 

12 infrastructure, including access by first 

13 responders and other emergency per14 sonnel; or 

15 ‘‘(II) access to a designated evacu16 ation route. 

17 ‘‘(5) GRANT REQUIREMENTS.— 

18 ‘‘(A) SOLICITATIONS FOR GRANTS.—In pro19 viding grants under this subsection, the Sec20 retary shall conduct a transparent and competi21 tive national solicitation process to select eligible 

22 projects to receive grants under paragraph (3) 

23 and subparagraphs (A), (B), and (C) of para24 graph (4). 

25 ‘‘(B) APPLICATIONS.— 


lotter on DSKBCFDHB2PROD with BILLS
803 

•S 2302 RS

1 ‘‘(i) IN GENERAL.—To be eligible to re2 ceive a grant under paragraph (3) or sub3 paragraph (A), (B), or (C) of paragraph 

4 (4), an eligible entity shall submit to the 

5 Secretary an application in such form, at 

6 such time, and containing such information 

7 as the Secretary determines to be necessary. 

8 ‘‘(ii) PROJECTS IN CERTAIN AREAS.— 

9 If a project is proposed to be carried out by 

10 the eligible entity, in whole or in part, 

11 within a base floodplain, the eligible entity 

12 shall— 

13 ‘‘(I) as part of the application, 

14 identify the floodplain in which the 

15 project is to be located and disclose 

16 that information to the Secretary; and 

17 ‘‘(II) indicate in the application 

18 whether, if selected, the eligible entity 

19 will implement 1 or more components 

20 of the risk mitigation plan under sec21 tion 322 of the Robert T. Stafford Dis22 aster Relief and Emergency Assistance 

23 Act (42 U.S.C. 5165) with respect to 

24 the area. 


lotter on DSKBCFDHB2PROD with BILLS
804 

•S 2302 RS

1 ‘‘(C) ELIGIBILITIES.—The Secretary may 

2 make a grant under paragraph (3) or subpara3 graph (A), (B), or (C) of paragraph (4) only 

4 for— 

5 ‘‘(i) a highway project eligible for as6 sistance under this title; 

7 ‘‘(ii) a public transportation facility 

8 or service eligible for assistance under chap9 ter 53 of title 49; 

10 ‘‘(iii) a facility or service for intercity 

11 rail passenger transportation (as defined in 

12 section 24102 of title 49); or 

13 ‘‘(iv) a port facility, including a facil14 ity that— 

15 ‘‘(I) connects a port to other 

16 modes of transportation; 

17 ‘‘(II) improves the efficiency of 

18 evacuations and disaster relief; or 

19 ‘‘(III) aids transportation. 

20 ‘‘(D) SYSTEM RESILIENCE.—A project for 

21 which a grant is provided under paragraph (3) 

22 or subparagraph (A), (B), or (C) of paragraph 

23 (4) may include the use of natural infrastructure 

24 or the construction or modification of storm 

25 surge, flood protection, or aquatic ecosystem resVerDate Sep 11 2014 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00804 Fmt 6652 Sfmt 6203 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
805 

•S 2302 RS

1 toration elements that the Secretary determines 

2 are functionally connected to a transportation 

3 improvement, such as— 

4 ‘‘(i) increasing marsh health and total 

5 area adjacent to a highway right-of-way to 

6 promote additional flood storage; 

7 ‘‘(ii) upgrades to and installing of cul8 verts designed to withstand 100-year flood 

9 events; 

10 ‘‘(iii) upgrades to and installation of 

11 tide gates to protect highways; and 

12 ‘‘(iv) upgrades to and installation of 

13 flood gates to protect tunnel entrances. 

14 ‘‘(E) FEDERAL COST SHARE.— 

15 ‘‘(i) PLANNING GRANT.—The Federal 

16 share of the cost of a planning activity car17 ried out using a planning grant under 

18 paragraph (3) shall be 100 percent. 

19 ‘‘(ii) RESILIENCE GRANTS.— 

20 ‘‘(I) IN GENERAL.—Except as pro21 vided in subclause (II) and subsection 

22 (f)(1), the Federal share of the cost of 

23 a project carried out using a grant 

24 under subparagraph (A), (B), or (C) of 


lotter on DSKBCFDHB2PROD with BILLS
806 

•S 2302 RS

1 paragraph (4) shall not exceed 80 per2 cent of the total project cost. 

3 ‘‘(II) TRIBAL PROJECTS.—On the 

4 determination of the Secretary, the 

5 Federal share of the cost of a project 

6 carried out using a grant under sub7 paragraph (A), (B), or (C) of para8 graph (4) by an Indian tribe (as de9 fined in section 207(m)(1)) may be up 

10 to 100 percent. 

11 ‘‘(iii) NON-FEDERAL SHARE.—The eli12 gible entity may use Federal funds other 

13 than Federal funds provided under this sub14 section to meet the non-Federal cost share 

15 requirement for a project carried out with a 

16 grant under this subsection. 

17 ‘‘(F) ELIGIBLE PROJECT COSTS.— 

18 ‘‘(i) RESILIENCE GRANT PROJECTS.— 

19 Eligible project costs for activities funded 

20 with a grant under subparagraph (A), (B), 

21 or (C) of paragraph (4) may include the 

22 costs of— 

23 ‘‘(I) development phase activities, 

24 including planning, feasibility anal25 ysis, revenue forecasting, environVerDate Sep 11 2014 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00806 Fmt 6652 Sfmt 6203 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
807 

•S 2302 RS

1 mental review, preliminary engineer2 ing and design work, and other 

3 preconstruction activities; and 

4 ‘‘(II) construction, reconstruction, 

5 rehabilitation, and acquisition of real 

6 property (including land related to the 

7 project and improvements to land), en8 vironmental mitigation, construction 

9 contingencies, acquisition of equipment 

10 directly related to improving system 

11 performance, and operational improve12 ments. 

13 ‘‘(ii) PLANNING GRANTS.—Eligible 

14 project costs for activities funded with a 

15 grant under paragraph (3) may include the 

16 costs of development phase activities, in17 cluding planning, feasibility analysis, rev18 enue forecasting, environmental review, pre19 liminary engineering and design work, 

20 other preconstruction activities, and other 

21 activities consistent with carrying out the 

22 purposes of that paragraph. 

23 ‘‘(G) LIMITATIONS.—An eligible entity that 

24 receives a grant under subparagraph (A), (B), or 

25 (C) of paragraph (4)— 


lotter on DSKBCFDHB2PROD with BILLS
808 

•S 2302 RS

1 ‘‘(i) may use not more than 25 percent 

2 of the amount of the grant for the construc3 tion of new capacity; and 

4 ‘‘(ii) may use not more than 10 per5 cent of the amount of the grant for activities 

6 described in subparagraph (F)(i)(I). 

7 ‘‘(H) DISTRIBUTION OF GRANTS.— 

8 ‘‘(i) IN GENERAL.—Subject to the 

9 availability of funds, an eligible entity may 

10 request and the Secretary may distribute 

11 funds for a grant under this subsection on 

12 a multiyear basis, as the Secretary deter13 mines to be necessary. 

14 ‘‘(ii) RURAL SET-ASIDE.—Of the 

15 amounts made available to carry out this 

16 subsection for each fiscal year, the Secretary 

17 shall use not less than 25 percent for grants 

18 for projects located in areas that are outside 

19 an urbanized area with a population of 

20 over 200,000. 

21 ‘‘(iii) TRIBAL SET-ASIDE.—Of the 

22 amounts made available to carry out this 

23 subsection for each fiscal year, the Secretary 

24 shall use not less than 2 percent for grants 


lotter on DSKBCFDHB2PROD with BILLS
809 

•S 2302 RS

1 to Indian tribes (as defined in section 

2 207(m)(1)). 

3 ‘‘(iv) REALLOCATION.—For any fiscal 

4 year, if the Secretary determines that the 

5 amount described in clause (ii) or (iii) will 

6 not be fully utilized for the grant described 

7 in that clause, the Secretary may reallocate 

8 the unutilized funds to provide grants to 

9 other eligible entities under this subsection. 

10 ‘‘(e) CONSULTATION.—In carrying out the program, 

11 the Secretary shall— 

12 ‘‘(1) consult with the Assistant Secretary of the 

13 Army for Civil Works, the Administrator of the Envi14 ronmental Protection Agency, the Secretary of the In15 terior, and the Secretary of Commerce; and 

16 ‘‘(2) solicit technical support from the Adminis17 trator of the Federal Emergency Management Agency. 

18 ‘‘(f) RESILIENCE IMPROVEMENT PLAN AND LOWER

19 NON-FEDERAL SHARE.— 

20 ‘‘(1) FEDERAL SHARE REDUCTIONS.— 

21 ‘‘(A) IN GENERAL.—A State that receives 

22 funds under subsection (c) or an eligible entity 

23 that receives a grant under subsection (d) shall 

24 have the non-Federal share of a project carried 

25 out with the funds or grant, as applicable, reVerDate Sep 11 2014 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00809 Fmt 6652 Sfmt 6203 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
810 

•S 2302 RS

1 duced by an amount described in subparagraph 

2 (B) if the State or eligible entity meets the appli3 cable requirements under that subparagraph. 

4 ‘‘(B) AMOUNT OF REDUCTIONS.— 

5 ‘‘(i) RESILIENCE IMPROVEMENT

6 PLAN.—Subject to clause (iii), the amount 

7 of the non-Federal share of the costs of a 

8 project carried out with funds under sub9 section (c) or a grant under subsection (d) 

10 shall be reduced by 7 percentage points if— 

11 ‘‘(I) in the case of a State or an 

12 eligible entity that is a State or a met13 ropolitan planning organization, the 

14 State or eligible entity has— 

15 ‘‘(aa) developed a resilience 

16 improvement plan in accordance 

17 with this subsection; and 

18 ‘‘(bb) prioritized the project 

19 on that resilience improvement 

20 plan; and 

21 ‘‘(II) in the case of an eligible en22 tity not described in subclause (I), the 

23 eligible entity is located in a State or 

24 an area served by a metropolitan plan25 ning organization that has— 


lotter on DSKBCFDHB2PROD with BILLS
811 

•S 2302 RS

1 ‘‘(aa) developed a resilience 

2 improvement plan in accordance 

3 with this subsection; and 

4 ‘‘(bb) prioritized the project 

5 on that resilience improvement 

6 plan. 

7 ‘‘(ii) INCORPORATION OF RESILIENCE

8 IMPROVEMENT PLAN IN OTHER PLANNING.— 

9 Subject to clause (iii), the amount of the 

10 non-Federal share of the cost of a project 

11 carried out with funds under subsection (c) 

12 or a grant under subsection (d) shall be re13 duced by 3 percentage points if— 

14 ‘‘(I) in the case of a State or an 

15 eligible entity that is a State or a met16 ropolitan planning organization, the 

17 resilience improvement plan developed 

18 in accordance with this subsection has 

19 been incorporated into the metropoli20 tan transportation plan under section 

21 134 or the long-range statewide trans22 portation plan under section 135, as 

23 applicable; and 

24 ‘‘(II) in the case of an eligible en25 tity not described in subclause (I), the 


lotter on DSKBCFDHB2PROD with BILLS
812 

•S 2302 RS

1 eligible entity is located in a State or 

2 an area served by a metropolitan plan3 ning organization that incorporated a 

4 resilience improvement plan into the 

5 metropolitan transportation plan 

6 under section 134 or the long-range 

7 statewide transportation plan under 

8 section 135, as applicable. 

9 ‘‘(iii) LIMITATIONS.— 

10 ‘‘(I) MAXIMUM REDUCTION.—A 

11 State or eligible entity may not receive 

12 a reduction under this paragraph of 

13 more than 10 percentage points for 

14 any single project carried out with 

15 funds under subsection (c) or a grant 

16 under subsection (d). 

17 ‘‘(II) NO NEGATIVE NON-FEDERAL

18 SHARE.—A reduction under this para19 graph shall not reduce the non-Federal 

20 share of the costs of a project carried 

21 out with funds under subsection (c) or 

22 a grant under subsection (d) to an 

23 amount that is less than zero. 

24 ‘‘(2) PLAN CONTENTS.—A resilience improve25 ment plan referred to in paragraph (1)— 


lotter on DSKBCFDHB2PROD with BILLS
813 

•S 2302 RS

1 ‘‘(A) shall be for the immediate and long2 range planning activities and investments of the 

3 State or metropolitan planning organization 

4 with respect to resilience; 

5 ‘‘(B) shall demonstrate a systemic approach 

6 to transportation system resilience and be con7 sistent with and complementary of the State and 

8 local mitigation plans required under section 

9 322 of the Robert T. Stafford Disaster Relief and 

10 Emergency Assistance Act (42 U.S.C. 5165); 

11 ‘‘(C) shall— 

12 ‘‘(i) include a risk-based assessment of 

13 vulnerabilities of transportation assets and 

14 systems to current and future weather 

15 events and natural disasters, such as severe 

16 storms, flooding, drought, levee and dam 

17 failures, wildfire, rockslides, mudslides, sea 

18 level rise, extreme weather, including ex19 treme temperatures, and earthquakes; 

20 ‘‘(ii) designate evacuation routes and 

21 strategies, including multimodal facilities, 

22 designated with consideration for individ23 uals without access to personal vehicles; 


lotter on DSKBCFDHB2PROD with BILLS
814 

•S 2302 RS

1 ‘‘(iii) plan for response to anticipated 

2 emergencies, including plans for the mobil3 ity of— 

4 ‘‘(I) emergency response personnel 

5 and equipment; and 

6 ‘‘(II) access to emergency services, 

7 including for vulnerable or disadvan8 taged populations; 

9 ‘‘(iv) describe the resilience improve10 ment policies, including strategies, land-use 

11 and zoning changes, investments in natural 

12 infrastructure, or performance measures 

13 that will inform the transportation invest14 ment decisions of the State or metropolitan 

15 planning organization with the goal of in16 creasing resilience; 

17 ‘‘(v) include an investment plan that— 

18 ‘‘(I) includes a list of priority 

19 projects; and 

20 ‘‘(II) describes how funds provided 

21 by a grant under the program would 

22 be invested and matched, which shall 

23 not be subject to fiscal constraint re24 quirements; and 


lotter on DSKBCFDHB2PROD with BILLS
815 

•S 2302 RS

1 ‘‘(vi) use science and data and indicate 

2 the source of data and methodologies; and 

3 ‘‘(D) shall, as appropriate— 

4 ‘‘(i) include a description of how the 

5 plan will improve the ability of the State or 

6 metropolitan planning organization— 

7 ‘‘(I) to respond promptly to the 

8 impacts of weather events and natural 

9 disasters; and 

10 ‘‘(II) to be prepared for changing 

11 conditions, such as sea level rise and 

12 increased flood risk; 

13 ‘‘(ii) describe the codes, standards, and 

14 regulatory framework, if any, adopted and 

15 enforced to ensure resilience improvements 

16 within the impacted area of proposed 

17 projects included in the resilience improve18 ment plan; 

19 ‘‘(iii) consider the benefits of com20 bining hard infrastructure assets, and nat21 ural infrastructure, through coordinated ef22 forts by the Federal Government and the 

23 States; 

24 ‘‘(iv) assess the resilience of other com25 munity assets, including buildings and 


lotter on DSKBCFDHB2PROD with BILLS
816 

•S 2302 RS

1 housing, emergency management assets, and 

2 energy, water, and communication infra3 structure; 

4 ‘‘(v) use a long-term planning period; 

5 and 

6 ‘‘(vi) include such other information as 

7 the eligible entity considers appropriate. 

8 ‘‘(3) NO NEW PLANNING REQUIREMENTS.—Noth9 ing in this section requires a metropolitan planning 

10 organization or a State to develop a resilience im11 provement plan or to include a resilience improve12 ment plan under the metropolitan transportation 

13 plan under section 134 or the long-range statewide 

14 transportation plan under section 135, as applicable, 

15 of the metropolitan planning organization or State. 

16 ‘‘(g) MONITORING.— 

17 ‘‘(1) IN GENERAL.—Not later than 18 months 

18 after the date of enactment of this section, the Sec19 retary, in consultation with the officials described in 

20 subsection (e), shall— 

21 ‘‘(A) establish, for the purpose of evaluating 

22 the effectiveness and impacts of projects carried 

23 out under the program— 


lotter on DSKBCFDHB2PROD with BILLS
817 

•S 2302 RS

1 ‘‘(i) subject to paragraph (2), transpor2 tation and any other metrics as the Sec3 retary determines to be necessary; and 

4 ‘‘(ii) procedures for monitoring and 

5 evaluating projects based on those metrics; 

6 and 

7 ‘‘(B) select a representative sample of 

8 projects to evaluate based on the metrics and 

9 procedures established under subparagraph (A). 

10 ‘‘(2) NOTICE.—Before adopting any metrics de11 scribed in paragraph (1), the Secretary shall— 

12 ‘‘(A) publish the proposed metrics in the 

13 Federal Register; and 

14 ‘‘(B) provide to the public an opportunity 

15 for comment on the proposed metrics. 

16 ‘‘(h) REPORTS.— 

17 ‘‘(1) REPORTS FROM ELIGIBLE ENTITIES.—Not 

18 later than 1 year after the date on which a project 

19 carried out under the program is completed, the enti20 ty that carried out the project shall submit to the Sec21 retary a report on the results of the project and the 

22 use of the funds received under the program. 

23 ‘‘(2) REPORTS TO CONGRESS.— 

24 ‘‘(A) ANNUAL REPORTS.—The Secretary 

25 shall submit to Congress, and publish on the 


lotter on DSKBCFDHB2PROD with BILLS
818 

•S 2302 RS

1 website of the Department of Transportation, an 

2 annual report that describes the implementation 

3 of the program during the preceding calendar 

4 year, including— 

5 ‘‘(i) each project for which a grant was 

6 provided under the program; 

7 ‘‘(ii) information relating to project 

8 applications received; 

9 ‘‘(iii) the manner in which the con10 sultation requirements were implemented 

11 under this section; 

12 ‘‘(iv) recommendations to improve the 

13 administration of the program, including 

14 whether assistance from additional or fewer 

15 agencies to carry out the program is appro16 priate; 

17 ‘‘(v) the period required to disburse 

18 grant funds to recipients based on applica19 ble Federal coordination requirements; and 

20 ‘‘(vi) a list of facilities that repeatedly 

21 require repair or reconstruction due to 

22 emergency events. 

23 ‘‘(B) FINAL REPORT.—Not later than 5 

24 years after the date of enactment of the Amer25 ica’s Transportation Infrastructure Act of 2019, 


lotter on DSKBCFDHB2PROD with BILLS
819 

•S 2302 RS

1 the Secretary shall submit to Congress a report 

2 that includes the results of the reports submitted 

3 under subparagraph (A). 

4 ‘‘(i) ADMINISTRATIVE EXPENSES.—The Secretary 

5 shall use not more than 5 percent of the amounts made 

6 available to carry out the program for each fiscal year for 

7 the costs of administering the program, including moni8 toring and evaluation under subsection (g).’’. 

9 (b) CLERICAL AMENDMENT.—The analysis for chapter 

10 1 of title 23, United States Code (as amended by section 

11 1403(b)), is amended by inserting after the item relating 

12 to section 178 the following: 

‘‘179. Promoting Resilient Operations for Transformative, Efficient, and Cost-saving Transportation (PROTECT) grant program.’’. 

13 SEC. 1408. DIESEL EMISSIONS REDUCTION. 

14 (a) REAUTHORIZATION OF DIESEL EMISSIONS RE15 DUCTION PROGRAM.—Section 797(a) of the Energy Policy 

16 Act of 2005 (42 U.S.C. 16137(a)) is amended by striking 

17 ‘‘2016’’ and inserting ‘‘2024’’. 

18 (b) RECOGNIZING DIFFERENCES IN DIESEL VEHICLE, 

19 ENGINE, EQUIPMENT, AND FLEET USE.— 

20 (1) NATIONAL GRANT, REBATE, AND LOAN PRO21 GRAMS.—Section 792(c)(4)(D) of the Energy Policy 

22 Act of 2005 (42 U.S.C. 16132(c)(4)(D)) is amended 

23 by inserting ‘‘, recognizing differences in typical vehiVerDate Sep 11 2014 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00819 Fmt 6652 Sfmt 6203 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
820 

•S 2302 RS

1 cle, engine, equipment, and fleet use throughout the 

2 United States’’ before the semicolon. 

3 (2) STATE GRANT, REBATE, AND LOAN PRO4 GRAMS.—Section 793(b)(1) of the Energy Policy Act 

5 of 2005 (42 U.S.C. 16133(b)(1)) is amended— 

6 (A) in subparagraph (B), by striking ‘‘; 

7 and’’ and inserting a semicolon; and 

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

9 ‘‘(D) the recognition, for purposes of imple10 menting this section, of differences in typical ve11 hicle, engine, equipment, and fleet use throughout 

12 the United States, including expected useful life; 

13 and’’. 

14 (c) REALLOCATION OF UNUSED STATE FUNDS.—Sec15 tion 793(c)(2)(C) of the Energy Policy Act of 2005 (42 

16 U.S.C. 16133(c)(2)(C)) is amended beginning in the matter 

17 preceding clause (i) by striking ‘‘to each remaining’’ and 

18 all that follows through ‘‘this paragraph’’ in clause (ii) and 

19 inserting ‘‘to carry out section 792’’. 

20 Subtitle E—Miscellaneous 

21 SEC. 1501. ADDITIONAL DEPOSITS INTO HIGHWAY TRUST 

22 FUND. 

23 (a) IN GENERAL.—Section 105 of title 23, United 

24 States Code, is repealed. 


lotter on DSKBCFDHB2PROD with BILLS
821 

•S 2302 RS

1 (b) CLERICAL AMENDMENT.—The analysis for chapter 

2 1 of title 23, United States Code, is amended by striking 

3 the item relating to section 105. 

4 SEC. 1502. STOPPING THREATS ON PEDESTRIANS. 

5 (a) DEFINITION OF BOLLARD INSTALLATION

6 PROJECT.—In this section, the term ‘‘bollard installation 

7 project’’ means a project to install raised concrete or metal 

8 posts on a sidewalk adjacent to a roadway that are designed 

9 to slow or stop a motor vehicle. 

10 (b) ESTABLISHMENT.—Not later than 1 year after the 

11 date of enactment of this Act and subject to the availability 

12 of appropriations, the Secretary shall establish and carry 

13 out a competitive grant pilot program to provide assistance 

14 to local government entities for bollard installation projects 

15 designed to prevent pedestrian injuries and acts of ter16 rorism in areas used by large numbers of pedestrians. 

17 (c) APPLICATION.—To be eligible to receive a grant 

18 under this section, a local government entity shall submit 

19 to the Secretary an application at such time, in such form, 

20 and containing such information as the Secretary deter21 mines to be appropriate, which shall include, at a min22 imum— 

23 (1) a description of the proposed bollard installa24 tion project to be carried out; 


lotter on DSKBCFDHB2PROD with BILLS
822 

•S 2302 RS

1 (2) a description of the pedestrian injury or ter2 rorism risks with respect to the proposed installation 

3 area; and 

4 (3) an analysis of how the proposed bollard in5 stallation project will mitigate those risks. 

6 (d) USE OF FUNDS.—A recipient of a grant under this 

7 section may only use the grant funds for a bollard installa8 tion project. 

9 (e) FEDERAL SHARE.—The Federal share of the costs 

10 of a bollard installation project carried out with a grant 

11 under this section may be up to 100 percent. 

12 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

13 authorized to be appropriated to the Secretary to carry out 

14 this section $5,000,000 for each of fiscal years 2021 through 

15 2025. 

16 SEC. 1503. TRANSFER AND SALE OF TOLL CREDITS. 

17 (a) DEFINITIONS.—In this section: 

18 (1) ORIGINATING STATE.—The term ‘‘originating 

19 State’’ means a State that— 

20 (A) is eligible to use a credit under section 

21 120(i) of title 23, United States Code; and 

22 (B) has been selected by the Secretary under 

23 subsection (d)(2). 


lotter on DSKBCFDHB2PROD with BILLS
823 

•S 2302 RS

1 (2) PILOT PROGRAM.—The term ‘‘pilot program’’ 

2 means the pilot program established under subsection 

3 (b). 

4 (3) RECIPIENT STATE.—The term ‘‘recipient 

5 State’’ means a State that receives a credit by trans6 fer or by sale under this section from an originating 

7 State. 

8 (4) STATE.—The term ‘‘State’’ has the meaning 

9 given the term in section 101(a) of title 23, United 

10 States Code. 

11 (b) ESTABLISHMENT OF PILOT PROGRAM.—The Sec12 retary shall establish and implement a toll credit exchange 

13 pilot program in accordance with this section. 

14 (c) PURPOSES.—The purposes of the pilot program 

15 are— 

16 (1) to identify the extent of the demand to pur17 chase toll credits; 

18 (2) to identify the cash price of toll credits 

19 through bilateral transactions between States; 

20 (3) to analyze the impact of the purchase or sale 

21 of toll credits on transportation expenditures; 

22 (4) to test the feasibility of expanding the pilot 

23 program to allow all States to participate on a per24 manent basis; and 


lotter on DSKBCFDHB2PROD with BILLS
824 

•S 2302 RS

1 (5) to identify any other repercussions of the toll 

2 credit exchange. 

3 (d) SELECTION OF ORIGINATING STATES.— 

4 (1) APPLICATION.—In order to participate in the 

5 pilot program as an originating State, a State shall 

6 submit to the Secretary an application at such time, 

7 in such manner, and containing such information as 

8 the Secretary may require, including, at a minimum, 

9 such information as is required for the Secretary to 

10 verify— 

11 (A) the amount of unused toll credits for 

12 which the State has submitted certification to the 

13 Secretary that are available to be sold or trans14 ferred under the pilot program, including— 

15 (i) toll revenue generated and the 

16 sources of that revenue; 

17 (ii) toll revenue used by public, quasi18 public, and private agencies to build, im19 prove, or maintain highways, bridges, or 

20 tunnels that serve the public purpose of 

21 interstate commerce; and 

22 (iii) an accounting of any Federal 

23 funds used by the public, quasi-public, or 

24 private agency to build, improve, or main25 tain the toll facility, to validate that the 


lotter on DSKBCFDHB2PROD with BILLS
825 

•S 2302 RS

1 credit has been reduced by a percentage 

2 equal to the percentage of the total cost of 

3 building, improving, or maintaining the fa4 cility that was derived from Federal funds; 

5 (B) the documentation of maintenance of ef6 fort for toll credits earned by the originating 

7 State; and 

8 (C) the accuracy of the accounting system of 

9 the State to earn and track toll credits. 

10 (2) SELECTION.—Of the States that submit an 

11 application under paragraph (1), the Secretary may 

12 select not more than 10 States to be designated as an 

13 originating State. 

14 (3) LIMITATION ON SALES.—At any time, the 

15 Secretary may limit the amount of unused toll credits 

16 that may be offered for sale under the pilot program. 

17 (e) TRANSFER OR SALE OF CREDITS.— 

18 (1) IN GENERAL.—In carrying out the pilot pro19 gram, the Secretary shall provide that an originating 

20 State may transfer or sell to a recipient State a cred21 it not previously used by the originating State under 

22 section 120(i) of title 23, United States Code. 

23 (2) WEBSITE SUPPORT.—The Secretary shall 

24 make available a publicly accessible website on which 

25 originating States shall post the amount of toll credVerDate Sep 11 2014 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00825 Fmt 6652 Sfmt 6203 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
826 

•S 2302 RS

1 its, verified under subsection (d)(1)(A), that are 

2 available for sale or transfer to a recipient State. 

3 (3) BILATERAL TRANSACTIONS.—An originating 

4 State and a recipient State may enter into a bilateral 

5 transaction to sell or transfer verified toll credits. 

6 (4) NOTIFICATION.—Not later than 30 days after 

7 the date on which a credit is transferred or sold, the 

8 originating State and the recipient State shall jointly 

9 submit to the Secretary a written notification of the 

10 transfer or sale, including details on— 

11 (A) the amount of toll credits that have been 

12 sold or transferred; 

13 (B) the price paid or other value transferred 

14 in exchange for the toll credits; 

15 (C) the intended use by the recipient State 

16 of the toll credits, if known; 

17 (D) the intended use by the originating 

18 State of the cash or other value transferred; 

19 (E) an update on the toll credit balance of 

20 the originating State and the recipient State; 

21 and 

22 (F) any other information about the trans23 action that the Secretary may require. 

24 (5) USE OF CREDITS BY TRANSFEREE OR PUR25 CHASER.—A recipient State may use a credit received 


lotter on DSKBCFDHB2PROD with BILLS
827 

•S 2302 RS

1 under paragraph (1) toward the non-Federal share 

2 requirement for any funds made available to carry 

3 out title 23 or chapter 53 of title 49, United States 

4 Code, in accordance with section 120(i) of title 23, 

5 United States Code. 

6 (6) USE OF PROCEEDS FROM SALE OF CRED7 ITS.—An originating State shall use the proceeds 

8 from the sale of a credit under paragraph (1) for the 

9 construction costs of any project in the originating 

10 State that is eligible under title 23, United States 

11 Code. 

12 (f) REPORTING REQUIREMENTS.— 

13 (1) INITIAL REPORT.—Not later than 1 year 

14 after the date on which the pilot program is estab15 lished, the Secretary shall submit to the Committee on 

16 Environment and Public Works of the Senate and the 

17 Committee on Transportation and Infrastructure of 

18 the House of Representatives a report on the progress 

19 of the pilot program. 

20 (2) FINAL REPORT.—Not later than 3 years after 

21 the date on which the pilot program is established, the 

22 Secretary shall— 

23 (A) submit to the Committee on Environ24 ment and Public Works of the Senate and the 


lotter on DSKBCFDHB2PROD with BILLS
828 

•S 2302 RS

1 Committee on Transportation and Infrastructure 

2 of the House of Representatives a report that— 

3 (i) determines whether a toll credit 

4 marketplace is viable and cost-effective; 

5 (ii) describes the buying and selling ac6 tivities under the pilot program; 

7 (iii) describes the average sale price of 

8 toll credits; 

9 (iv) determines whether the pilot pro10 gram could be expanded to more States or 

11 all States or to non-State operators of toll 

12 facilities; 

13 (v) provides updated information on 

14 the toll credit balance accumulated by each 

15 State; and 

16 (vi) describes the list of projects that 

17 were assisted by the pilot program; and 

18 (B) make the report under subparagraph 

19 (A) publicly available on the website of the De20 partment. 

21 (g) TERMINATION.— 

22 (1) IN GENERAL.—The Secretary may terminate 

23 the pilot program or the participation of any State 

24 in the pilot program if the Secretary determines 

25 that— 


lotter on DSKBCFDHB2PROD with BILLS
829 

•S 2302 RS

1 (A) the pilot program is not serving a pub2 lic benefit; or 

3 (B) it is not cost effective to carry out the 

4 pilot program. 

5 (2) PROCEDURES.—The termination of the pilot 

6 program or the participation of a State in the pilot 

7 program shall be carried out consistent with Federal 

8 requirements for project closeout, adjustment, and 

9 continuing responsibilities. 

10 SEC. 1504. FOREST SERVICE LEGACY ROADS AND TRAILS 

11 REMEDIATION PROGRAM. 

12 Public Law 88–657 (16 U.S.C. 532 et seq.) (commonly 

13 known as the ‘‘Forest Roads and Trails Act’’) is amended 

14 by adding at the end the following: 

15 ‘‘SEC. 8. FOREST SERVICE LEGACY ROADS AND TRAILS RE16 MEDIATION PROGRAM. 

17 ‘‘(a) IN GENERAL.—Not later than 180 days after the 

18 date of enactment of this section, the Secretary, acting 

19 through the Chief of the Forest Service, shall establish, and 

20 develop a national strategy to carry out, a program, to be 

21 known as the ‘Forest Service Legacy Roads and Trails Re22 mediation Program’, within the National Forest System, 

23 to carry out critical maintenance and urgent repairs and 

24 improvements on National Forest System roads, trails, and 

25 bridges. 


lotter on DSKBCFDHB2PROD with BILLS
830 

•S 2302 RS

1 ‘‘(b) PRIORITY.—In implementing the program under 

2 this section, the Secretary may give priority to any project 

3 that protects or restores— 

4 ‘‘(1) water quality; 

5 ‘‘(2) a watershed that feeds a public drinking 

6 water system; 

7 ‘‘(3) important wildlife habitat, as determined 

8 by the Secretary, in consultation with each affected 

9 State, including habitat of threatened, endangered, or 

10 sensitive fish or wildlife species; or 

11 ‘‘(4) historic public access for authorized mul12 tiple uses of National Forest System land in accord13 ance with the Multiple-Use Sustained-Yield Act of 

14 1960 (16 U.S.C. 528 et seq.), including grazing, recre15 ation, hunting, fishing, forest management, wildfire 

16 mitigation, and ecosystem restoration. 

17 ‘‘(c) NATIONAL FOREST SYSTEM.—Except as author18 ized under section 323 of the Department of the Interior 

19 and Related Agencies Appropriations Act, 1999 (16 U.S.C. 

20 1011a), each project carried out under this section shall be 

21 on a National Forest System road or trail. 

22 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is 

23 authorized to be appropriated to the Secretary to carry out 

24 this section $50,000,000 for each of fiscal years 2021 

25 through 2025, to remain available until expended.’’. 


lotter on DSKBCFDHB2PROD with BILLS
831 

•S 2302 RS

1 SEC. 1505. DISASTER RELIEF MOBILIZATION PILOT PRO2 GRAM. 

3 (a) DEFINITIONS.—In this section: 

4 (1) LOCAL COMMUNITY.—The term ‘‘local com5 munity’’ means— 

6 (A) a unit of local government; 

7 (B) a political subdivision of a State or 

8 local government; 

9 (C) a metropolitan planning organization 

10 (as defined in section 134(b) of title 23, United 

11 States Code); 

12 (D) a rural planning organization; or 

13 (E) a Tribal government. 

14 (2) PILOT PROGRAM.—The term ‘‘pilot program’’ 

15 means the pilot program established by the Secretary 

16 under subsection (b). 

17 (b) ESTABLISHMENT.—The Secretary shall establish 

18 and carry out a pilot program under which the Secretary 

19 shall provide grants to local communities to develop disaster 

20 preparedness and disaster response plans that include the 

21 use of bicycles. 

22 (c) APPLICATION AND SELECTION REQUIREMENTS.— 

23 (1) PARTNERSHIPS.—To be eligible to receive a 

24 grant under the pilot program, a local community 

25 shall demonstrate plans to enter into a partnership 

26 with— 


lotter on DSKBCFDHB2PROD with BILLS
832 

•S 2302 RS

1 (A) 1 or more nonprofit community organi2 zations active in disaster relief or community de3 velopment; or 

4 (B) 1 or more bicycle or pedestrian advo5 cacy organizations. 

6 (2) APPLICATION.—To be eligible to receive a 

7 grant under the pilot program, a local community 

8 shall submit to the Secretary an application at such 

9 time, in such manner, and containing such informa10 tion as the Secretary may require, including an iden11 tification of each nonprofit community organization 

12 and bicycle or pedestrian advocacy organization with 

13 which the local community plans to establish a part14 nership under paragraph (1). 

15 (3) SELECTION.—For each fiscal year, the Sec16 retary shall select not fewer than 4, and not more 

17 than 10, local communities that meet the eligibility 

18 requirements to receive a grant under the pilot pro19 gram. 

20 (d) MAXIMUM AMOUNT.—The maximum amount of a 

21 grant under the pilot program shall be $125,000. 

22 (e) USE OF FUNDS.— 

23 (1) VULNERABILITY ASSESSMENT.— 

24 (A) IN GENERAL.—Each recipient of a 

25 grant under the pilot program shall carry out a 


lotter on DSKBCFDHB2PROD with BILLS
833 

•S 2302 RS

1 vulnerability assessment of the current infra2 structure of the applicable community that sup3 ports active transportation, including bicycling, 

4 walking, and personal mobility devices, with a 

5 particular focus on areas in the local community 

6 that— 

7 (i) have low levels of vehicle ownership; 

8 and 

9 (ii) lack sufficient active transpor10 tation infrastructure routes to public trans11 portation. 

12 (B) PUBLIC PARTICIPATION.—In carrying 

13 out the vulnerability assessment under subpara14 graph (A), a grant recipient shall— 

15 (i) provide an opportunity for public 

16 participation and feedback; and 

17 (ii) consider public feedback in devel18 oping or modifying response plans under 

19 paragraph (2). 

20 (2) DISASTER PREPAREDNESS AND DISASTER

21 RESPONSE PLANS.—Each recipient of a grant under 

22 the pilot program shall develop or modify, as applica23 ble, disaster preparedness and disaster response plans 

24 to include the use of bicycles by first responders, 


lotter on DSKBCFDHB2PROD with BILLS
834 

•S 2302 RS

1 emergency workers, and community organization rep2 resentatives— 

3 (A) during a mandatory or voluntary evac4 uation ordered by a Federal, State, Tribal, or 

5 local government entity— 

6 (i) to notify residents of the need to 

7 evacuate; 

8 (ii) to evacuate individuals and goods; 

9 and 

10 (iii) to reach individuals who are in 

11 need of first aid and medical assistance; 

12 and 

13 (B) after a disaster or emergency declared 

14 by a Federal, State, Tribal, or local government 

15 entity— 

16 (i) to participate in search and rescue 

17 activities; 

18 (ii) to carry commodities to be used for 

19 life-saving or life-sustaining purposes, in20 cluding— 

21 (I) water; 

22 (II) food; 

23 (III) first aid and other medical 

24 supplies; and 


lotter on DSKBCFDHB2PROD with BILLS
835 

•S 2302 RS

1 (IV) power sources and electric 

2 supplies, such as cell phones, radios, 

3 lights, and batteries; 

4 (iii) to reach individuals who are in 

5 need of the items described in clause (ii); 

6 and 

7 (iv) to assist with other disaster relief 

8 tasks, as appropriate. 

9 (3) PREPAREDNESS TRAINING, EXERCISES, AND

10 EQUIPMENT.—Each recipient of a grant under the 

11 pilot program shall— 

12 (A) provide training for first responders, 

13 emergency workers, and community organization 

14 representatives regarding— 

15 (i) competent bicycle skills, including 

16 the use of cargo bicycles and electric bicy17 cles, as applicable; 

18 (ii) basic bicycle maintenance; and 

19 (iii) methods to use bicycles to carry 

20 out the activities described in subpara21 graphs (A) and (B) of paragraph (2); 

22 (B) conduct exercises for the purpose of— 

23 (i) exercising the skills described in 

24 subparagraph (A); and 


lotter on DSKBCFDHB2PROD with BILLS
836 

•S 2302 RS

1 (ii) maintaining bicycles and related 

2 equipment; and 

3 (C) provide bicycles, as necessary and ap4 propriate, to each community organization act5 ing in partnership with the recipient to allow 

6 representatives of the organization to assist in 

7 disaster preparedness and disaster response ef8 forts. 

9 (f) REPORT.—Not later than 3 years after the date of 

10 enactment of this Act, the Secretary shall submit to Con11 gress a report that— 

12 (1) describes the activities carried out under the 

13 pilot program; 

14 (2) analyzes the effectiveness of the pilot pro15 gram; and 

16 (3) includes recommendations, if any, regarding 

17 methods by which to incorporate bicycles into disaster 

18 preparedness and disaster response plans in other 

19 communities. 

20 SEC. 1506. APPALACHIAN REGIONAL DEVELOPMENT. 

21 (a) DEFINITION OF APPALACHIAN REGION, NORTH

22 CAROLINA.—Section 14102(a)(1)(G) of title 40, United 

23 States Code, is amended— 

24 (1) by inserting ‘‘Catawba,’’ after ‘‘Caldwell,’’; 

25 and 


lotter on DSKBCFDHB2PROD with BILLS
837 

•S 2302 RS

1 (2) by inserting ‘‘Cleveland,’’ after ‘‘Clay,’’. 

2 (b) APPALACHIAN REGIONAL COMMISSION PLANNING

3 PROCESSES.— 

4 (1) MEMBERSHIP.—Section 14301(b)(2) of title 

5 40, United States Code, is amended— 

6 (A) in the second sentence, by striking 

7 ‘‘President,,’’ and inserting ‘‘President’’; and 

8 (B) by striking the fourth sentence. 

9 (2) DECISIONS.— 

10 (A) IN GENERAL.—Section 14302 of title 

11 40, United States Code, is amended— 

12 (i) in subsection (a), by inserting after 

13 ‘‘Appalachian Regional Commission’’ the 

14 following: ‘‘involving Appalachian Regional 

15 Commission policy, the approval of State, 

16 regional, or subregional development plans 

17 or strategy statements, the modification or 

18 revision of the Appalachian Regional Com19 mission Code, the allocation of amounts 

20 among the States, or designation of a dis21 tressed county, an at-risk county, or an eco22 nomically strong county’’; 

23 (ii) by striking subsection (c); and 

24 (iii) by redesignating subsection (d) as 

25 subsection (c). 


lotter on DSKBCFDHB2PROD with BILLS
838 

•S 2302 RS

1 (B) CONFORMING AMENDMENT.—Section 

2 14301(d)(1) of title 40, United States Code, is 

3 amended by striking ‘‘section 14302(c) and (d)’’ 

4 and inserting ‘‘subsections (a) and (c) of section 

5 14302’’. 

6 (3) MEETINGS.—Section 14307 of title 40, 

7 United States Code, is amended to read as follows: 

8 ‘‘§ 14307. Meetings 

9 ‘‘The Appalachian Regional Commission may conduct 

10 meetings by electronic means as the Appalachian Regional 

11 Commission considers advisable, including meetings to de12 cide matters requiring an affirmative vote.’’. 

13 (c) APPALACHIAN REGIONAL ENERGY HUB INITIA14 TIVE.— 

15 (1) IN GENERAL.—Subchapter I of chapter 145 

16 of subtitle IV of title 40, United States Code, is 

17 amended by adding at the end the following: 

18 ‘‘§ 14511. Appalachian regional energy hub initiative 

19 ‘‘(a) IN GENERAL.—The Appalachian Regional Com20 mission may provide technical assistance to, make grants 

21 to, enter into contracts with, or otherwise provide amounts 

22 to individuals or entities in the Appalachian region for 

23 projects and activities— 

24 ‘‘(1) to conduct research and analysis regarding 

25 the economic impact of an ethane storage hub in the 


lotter on DSKBCFDHB2PROD with BILLS
839 

•S 2302 RS

1 Appalachian region that supports a more-effective en2 ergy market performance due to the scale of the 

3 project, such as a project with the capacity to store 

4 and distribute more than 100,000 barrels per day of 

5 hydrocarbon feedstock with a minimum gross heating 

6 value of 1,700 Btu per standard cubic foot; 

7 ‘‘(2) with the potential to significantly con8 tribute to the economic resilience of the area in which 

9 the project is located; and 

10 ‘‘(3) that will help establish a regional energy 

11 hub in the Appalachian region for natural gas and 

12 natural gas liquids, including storage and associated 

13 pipelines. 

14 ‘‘(b) LIMITATION ON AVAILABLE AMOUNTS.—Of the 

15 cost of any activity eligible for a grant under this section— 

16 ‘‘(1) not more than 50 percent may be provided 

17 from amounts made available to carry out this sec18 tion; 

19 ‘‘(2) in the case of a project to be carried out in 

20 a county for which a distressed county designation is 

21 in effect under section 14526, not more than 80 per22 cent may be provided from amounts made available 

23 to carry out this section; and 

24 ‘‘(3) in the case of a project to be carried out in 

25 a county for which an at-risk county designation is 


lotter on DSKBCFDHB2PROD with BILLS
840 

•S 2302 RS

1 in effect under section 14526, not more than 70 per2 cent may be provided from amounts made available 

3 to carry out this section. 

4 ‘‘(c) SOURCES OF ASSISTANCE.—Subject to subsection 

5 (b), a grant provided under this section may be provided 

6 from amounts made available to carry out this section, in 

7 combination with amounts made available— 

8 ‘‘(1) under any other Federal program; or 

9 ‘‘(2) from any other source. 

10 ‘‘(d) FEDERAL SHARE.—Notwithstanding any provi11 sion of law limiting the Federal share under any other Fed12 eral program, amounts made available to carry out this sec13 tion may be used to increase that Federal share, as the Ap14 palachian Regional Commission determines to be appro15 priate.’’. 

16 (2) CLERICAL AMENDMENT.—The analysis for 

17 subchapter I of chapter 145 of title 40, United States 

18 Code, is amended by inserting after the item relating 

19 to section 14510 the following: 

‘‘14511. Appalachian regional energy hub initiative.’’. 

20 (d) AUTHORIZATIONS.—Section 14703 of title 40, 

21 United States Code, is amended— 

22 (1) in subsection (a)— 

23 (A) in paragraph (4), by striking ‘‘and’’ at 

24 the end; 


lotter on DSKBCFDHB2PROD with BILLS
841 

•S 2302 RS

1 (B) in paragraph (5), by striking ‘‘through 

2 2020.’’ and inserting ‘‘through 2020; and’’; and 

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

4 ‘‘(6) $180,000,000 for each of fiscal years 2021 

5 through 2025.’’; 

6 (2) in subsection (c)— 

7 (A) by striking ‘‘$10,000,000’’ and inserting 

8 ‘‘$20,000,000’’; and 

9 (B) by striking ‘‘2020’’ and inserting 

10 ‘‘2025’’; 

11 (3) by redesignating subsections (d) and (e) as 

12 subsections (e) and (f), respectively; and 

13 (4) by inserting after subsection (c) the fol14 lowing: 

15 ‘‘(d) APPALACHIAN REGIONAL ENERGY HUB INITIA16 TIVE.—Of the amounts made available under subsection 

17 (a), $5,000,000 shall be used to carry out section 14511 for 

18 each of fiscal years 2021 through 2025.’’. 

19 (e) TERMINATION.—Section 14704 of title 40, United 

20 States Code, is amended by striking ‘‘2020’’ and inserting 

21 ‘‘2025’’. 

22 SEC. 1507. REQUIREMENTS FOR TRANSPORTATION 

23 PROJECTS CARRIED OUT THROUGH PUBLIC24 PRIVATE PARTNERSHIPS. 

25 (a) DEFINITIONS.—In this section: 


lotter on DSKBCFDHB2PROD with BILLS
842 

•S 2302 RS

1 (1) PROJECT.—The term ‘‘project’’ means a 

2 project (as defined in section 101 of title 23, United 

3 States Code) that— 

4 (A) is carried out, in whole or in part, 

5 using Federal financial assistance; and 

6 (B) has an estimated total cost of 

7 $100,000,000 or more. 

8 (2) PUBLIC-PRIVATE PARTNERSHIP.—The term 

9 ‘‘public-private partnership’’ means an agreement be10 tween a public agency and a private entity to fi11 nance, build, and maintain or operate a project. 

12 (b) REQUIREMENTS FOR PROJECTS CARRIED OUT

13 THROUGH PUBLIC-PRIVATE PARTNERSHIPS.—With respect 

14 to a public-private partnership, as a condition of receiving 

15 Federal financial assistance for a project, the Secretary 

16 shall require the public partner, not later than 3 years after 

17 the date of opening of the project to traffic— 

18 (1) to conduct a review of the project, including 

19 a review of the compliance of the private partner with 

20 the terms of the public-private partnership agreement; 

21 (2)(A) to certify to the Secretary that the private 

22 partner of the public-private partnership is meeting 

23 the terms of the public-private partnership agreement 

24 for the project; or 


lotter on DSKBCFDHB2PROD with BILLS
843 

•S 2302 RS

1 (B) to notify the Secretary that the private part2 ner of the public-private partnership has not met 1 

3 or more of the terms of the public-private partnership 

4 agreement for the project, including a brief descrip5 tion of each violation of the public-private partner6 ship agreement; and 

7 (3) to make publicly available the certification or 

8 notification, as applicable, under paragraph (2) in a 

9 form that does not disclose any proprietary or con10 fidential business information. 

11 (c) NOTIFICATION.—If the Secretary provides Federal 

12 financial assistance to a project carried out through a pub13 lic-private partnership, not later than 30 days after the 

14 date on which the Federal financial assistance is first obli15 gated, the Secretary shall submit to the Committee on Envi16 ronment and Public Works of the Senate and the Committee 

17 on Transportation and Infrastructure of the House of Rep18 resentatives a notification of the Federal financial assist19 ance made available for the project. 

20 (d) VALUE FOR MONEY ANALYSIS.— 

21 (1) PROJECT APPROVAL AND OVERSIGHT.—Sec22 tion 106(h)(3) of title 23, United States Code, is 

23 amended— 

24 (A) in subparagraph (C), by striking ‘‘and’’ 

25 at the end; 


lotter on DSKBCFDHB2PROD with BILLS
844 

•S 2302 RS

1 (B) by redesignating subparagraph (D) as 

2 subparagraph (E); and 

3 (C) by inserting after subparagraph (C) the 

4 following: 

5 ‘‘(D) for a project in which the project spon6 sor intends to carry out the project through a 

7 public-private partnership agreement, shall in8 clude a detailed value for money analysis or 

9 similar comparative analysis for the project; 

10 and’’. 

11 (2) SURFACE TRANSPORTATION BLOCK GRANT

12 PROGRAM.—Paragraph (16) of section 133(b) of title 

13 23, United States Code (as redesignated by section 

14 1109(a)(1)(C)), is amended by inserting ‘‘, including 

15 conducting value for money analyses or similar com16 parative analyses,’’ after ‘‘oversight’’. 

17 (3) TIFIA.—Section 602(a) of title 23, United 

18 States Code, is amended by adding at the end the fol19 lowing: 

20 ‘‘(11) PUBLIC-PRIVATE PARTNERSHIPS.—In the 

21 case of a project to be carried out through a public22 private partnership, the public partner shall have— 

23 ‘‘(A) conducted a value for money analysis 

24 or similar comparative analysis; and 


lotter on DSKBCFDHB2PROD with BILLS
845 

•S 2302 RS

1 ‘‘(B) determined the appropriateness of the 

2 public-private partnership agreement.’’. 

3 (e) APPLICABILITY.—This section and the amendments 

4 made by this section shall only apply to a public-private 

5 partnership agreement entered into on or after the date of 

6 enactment of this Act. 

7 SEC. 1508. COMMUNITY CONNECTIVITY PILOT PROGRAM. 

8 (a) DEFINITION OF ELIGIBLE FACILITY.— 

9 (1) IN GENERAL.—In this section, the term ‘‘eli10 gible facility’’ means a highway or other transpor11 tation facility that creates a barrier to community 

12 connectivity, including barriers to mobility, access, or 

13 economic development, due to high speeds, grade sepa14 rations, or other design factors. 

15 (2) INCLUSIONS.—In this section, the term ‘‘eli16 gible facility’’ may include— 

17 (A) a limited access highway; 

18 (B) a viaduct; and 

19 (C) any other principal arterial facility. 

20 (b) ESTABLISHMENT.—The Secretary shall establish a 

21 pilot program through which an eligible entity may apply 

22 for funding— 

23 (1) to study the feasibility and impacts of re24 moving an existing eligible facility; 


lotter on DSKBCFDHB2PROD with BILLS
846 

•S 2302 RS

1 (2) to conduct planning activities necessary to 

2 design a project to remove an existing eligible facility; 

3 and 

4 (3) to conduct construction activities necessary 

5 to carry out a project to remove an existing eligible 

6 facility. 

7 (c) PLANNING GRANTS.— 

8 (1) ELIGIBLE ENTITIES.—The Secretary may 

9 award a grant (referred to in this section as a ‘‘plan10 ning grant’’) to carry out planning activities de11 scribed in paragraph (2) to— 

12 (A) a State; 

13 (B) a unit of local government; 

14 (C) a Tribal government; 

15 (D) a metropolitan planning organization; 

16 and 

17 (E) a nonprofit organization. 

18 (2) ELIGIBLE ACTIVITIES DESCRIBED.—The 

19 planning activities referred to in paragraph (1) are— 

20 (A) planning studies to evaluate the feasi21 bility of removing an eligible facility, including 

22 evaluations of— 

23 (i) current traffic patterns on the eligi24 ble facility proposed for removal and the 

25 surrounding street network; 


lotter on DSKBCFDHB2PROD with BILLS
847 

•S 2302 RS

1 (ii) the capacity of existing transpor2 tation networks to maintain mobility needs; 

3 (iii) an analysis of alternative road4 way designs or other uses for the right-of5 way of the eligible facility, including an 

6 analysis of whether the available right-of7 way would suffice to create an alternative 

8 roadway design; 

9 (iv) the effect of the removal of the eli10 gible facility on the mobility of freight and 

11 people; 

12 (v) the effect of the removal of the eligi13 ble facility on the safety of the traveling 

14 public; 

15 (vi) the cost to remove the eligible facil16 ity and to convert the eligible facility to a 

17 different roadway design or use, compared 

18 to any expected costs for necessary mainte19 nance or reconstruction of the eligible facil20 ity; 

21 (vii) the anticipated economic impact 

22 of removing and converting the eligible fa23 cility and any economic development oppor24 tunities that would be created by removing 

25 and converting the eligible facility; and 


lotter on DSKBCFDHB2PROD with BILLS
848 

•S 2302 RS

1 (viii) the environmental impacts of re2 taining or reconstructing the eligible facil3 ity and the anticipated effect of the pro4 posed alternative use or roadway design; 

5 (B) public engagement activities to provide 

6 opportunities for public input into a plan to re7 move and convert an eligible facility; and 

8 (C) other transportation planning activities 

9 required in advance of a project to remove an ex10 isting eligible facility, as determined by the Sec11 retary. 

12 (3) TECHNICAL ASSISTANCE PROGRAM.— 

13 (A) IN GENERAL.—The Secretary may pro14 vide technical assistance described in subpara15 graph (B) to an eligible entity. 

16 (B) TECHNICAL ASSISTANCE DESCRIBED.— 

17 The technical assistance referred to in subpara18 graph (A) is technical assistance in building or19 ganizational or community capacity— 

20 (i) to engage in transportation plan21 ning; and 

22 (ii) to identify innovative solutions to 

23 infrastructure challenges, including recon24 necting communities that— 


lotter on DSKBCFDHB2PROD with BILLS
849 

•S 2302 RS

1 (I) are bifurcated by eligible fa2 cilities; or 

3 (II) lack safe, reliable, and afford4 able transportation choices. 

5 (C) PRIORITIES.—In selecting recipients of 

6 technical assistance under subparagraph (A), the 

7 Secretary shall give priority to an application 

8 from a community that is economically dis9 advantaged. 

10 (4) SELECTION.—The Secretary shall— 

11 (A) solicit applications for— 

12 (i) planning grants; and 

13 (ii) technical assistance under para14 graph (3); and 

15 (B) evaluate applications for a planning 

16 grant on the basis of the demonstration by the 

17 applicant that— 

18 (i) the eligible facility is aged and is 

19 likely to need replacement or significant re20 construction within the 20-year period be21 ginning on the date of the submission of the 

22 application; 

23 (ii) the eligible facility— 

24 (I) creates barriers to mobility, 

25 access, or economic development; or 


lotter on DSKBCFDHB2PROD with BILLS
850 

•S 2302 RS

1 (II) is not justified by current 

2 and forecast future travel demand; and 

3 (iii) on the basis of preliminary inves4 tigations into the feasibility of removing the 

5 eligible facility, further investigation is nec6 essary and likely to be productive. 

7 (5) AWARD AMOUNTS.—A planning grant may 

8 not exceed $2,000,000 per recipient. 

9 (6) FEDERAL SHARE.—The total Federal share 

10 of the cost of a planning activity for which a plan11 ning grant is used shall not exceed 80 percent. 

12 (d) CAPITAL CONSTRUCTION GRANTS.— 

13 (1) ELIGIBLE ENTITIES.—The Secretary may 

14 award a grant (referred to in this section as a ‘‘cap15 ital construction grant’’) to the owner of an eligible 

16 facility to carry out an eligible project described in 

17 paragraph (3) for which all necessary feasibility stud18 ies and other planning activities have been completed. 

19 (2) PARTNERSHIPS.—An owner of an eligible fa20 cility may, for the purposes of submitting an applica21 tion for a capital construction grant, if applicable, 

22 partner with— 

23 (A) a State; 

24 (B) a unit of local government; 

25 (C) a Tribal government; 


lotter on DSKBCFDHB2PROD with BILLS
851 

•S 2302 RS

1 (D) a metropolitan planning organization; 

2 or 

3 (E) a nonprofit organization. 

4 (3) ELIGIBLE PROJECTS.—A project eligible to be 

5 carried out with a capital construction grant in6 cludes— 

7 (A) the removal of an eligible facility; and 

8 (B) the replacement of an eligible facility 

9 with a new facility that is— 

10 (i) sensitive to the context of the sur11 rounding community; and 

12 (ii) otherwise eligible for funding 

13 under title 23, United States Code. 

14 (4) SELECTION.—The Secretary shall— 

15 (A) solicit applications for capital construc16 tion grants; and 

17 (B) evaluate applications on the basis of— 

18 (i) the degree to which the project will 

19 improve mobility and access through the re20 moval of barriers; 

21 (ii) the appropriateness of removing 

22 the eligible facility, based on current traffic 

23 patterns and the ability of the replacement 

24 facility and the regional transportation netVerDate Sep 11 2014 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00851 Fmt 6652 Sfmt 6203 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
852 

•S 2302 RS

1 work to absorb transportation demand and 

2 provide safe mobility and access; 

3 (iii) the impact of the project on 

4 freight movement; 

5 (iv) the results of a cost-benefit anal6 ysis of the project; 

7 (v) the opportunities for inclusive eco8 nomic development; 

9 (vi) the degree to which the eligible fa10 cility is out of context with the current or 

11 planned land use; 

12 (vii) the results of any feasibility study 

13 completed for the project; and 

14 (viii) the plan of the applicant for— 

15 (I) employing residents in the 

16 area impacted by the project through 

17 targeted hiring programs, in partner18 ship with registered apprenticeship 

19 programs, if applicable; and 

20 (II) contracting and subcon21 tracting with disadvantaged business 

22 enterprises. 

23 (5) MINIMUM AWARD AMOUNTS.—A capital con24 struction grant shall be in an amount not less than 

25 $5,000,000 per recipient. 


lotter on DSKBCFDHB2PROD with BILLS
853 

•S 2302 RS

1 (6) FEDERAL SHARE.— 

2 (A) IN GENERAL.—Subject to subparagraph 

3 (B), a capital construction grant may not exceed 

4 50 percent of the total cost of the project for 

5 which the grant is awarded. 

6 (B) MAXIMUM FEDERAL INVOLVEMENT.— 

7 Federal assistance other than a capital construc8 tion grant may be used to satisfy the non-Fed9 eral share of the cost of a project for which the 

10 grant is awarded, except that the total Federal 

11 assistance provided for a project for which the 

12 grant is awarded may not exceed 80 percent of 

13 the total cost of the project. 

14 (7) COMMUNITY ADVISORY BOARD.— 

15 (A) IN GENERAL.—To help achieve inclusive 

16 economic development benefits with respect to the 

17 project for which a grant is awarded, a grant re18 cipient may form a community advisory board, 

19 which shall— 

20 (i) facilitate community engagement 

21 with respect to the project; and 

22 (ii) track progress with respect to com23 mitments of the grant recipient to inclusive 

24 employment, contracting, and economic de25 velopment under the project. 


lotter on DSKBCFDHB2PROD with BILLS
854 

•S 2302 RS

1 (B) MEMBERSHIP.—If a grant recipient 

2 forms a community advisory board under sub3 paragraph (A), the community advisory board 

4 shall be composed of representatives of— 

5 (i) the community; 

6 (ii) owners of businesses that serve the 

7 community; 

8 (iii) labor organizations that represent 

9 workers that serve the community; and 

10 (iv) State and local government. 

11 (e) REPORTS.— 

12 (1) USDOT REPORT ON PILOT PROGRAM.—Not 

13 later than January 1, 2025, the Secretary shall sub14 mit to the Committee on Environment and Public 

15 Works of the Senate and the Committee on Transpor16 tation and Infrastructure of the House of Representa17 tives a report that evaluates the pilot program under 

18 this section, including— 

19 (A) information about the level of applicant 

20 interest in planning grants, technical assistance 

21 under subsection (c)(3), and capital construction 

22 grants, including the extent to which overall de23 mand exceeded available funds; and 


lotter on DSKBCFDHB2PROD with BILLS
855 

•S 2302 RS

1 (B) for recipients of capital construction 

2 grants, the outcomes and impacts of the highway 

3 removal project, including— 

4 (i) any changes in the overall level of 

5 mobility, congestion, access, and safety in 

6 the project area; and 

7 (ii) environmental impacts and eco8 nomic development opportunities in the 

9 project area. 

10 (2) GAO REPORT ON HIGHWAY REMOVALS.—Not 

11 later than 2 years after the date of enactment of this 

12 Act, the Comptroller General of the United States 

13 shall issue a report that— 

14 (A) identifies examples of projects to remove 

15 highways using Federal highway funds; 

16 (B) evaluates the effect of highway removal 

17 projects on the surrounding area, including im18 pacts to the local economy, congestion effects, 

19 safety outcomes, and impacts on the movement of 

20 freight and people; 

21 (C) evaluates the existing Federal-aid pro22 gram eligibility under title 23, United States 

23 Code, for highway removal projects; 

24 (D) analyzes the costs and benefits of and 

25 barriers to removing underutilized highways that 


lotter on DSKBCFDHB2PROD with BILLS
856 

•S 2302 RS

1 are nearing the end of their useful life compared 

2 to replacing or reconstructing the highway; and 

3 (E) provides recommendations for inte4 grating those assessments into transportation 

5 planning and decision-making processes. 

6 (f) TECHNICAL ASSISTANCE.—Of the funds made 

7 available to carry out this section for planning grants, the 

8 Secretary may use not more than $15,000,000 during the 

9 period of fiscal years 2021 through 2025 to provide tech10 nical assistance under subsection (c)(3). 

11 SEC. 1509. REPEAL OF RESCISSION. 

12 (a) IN GENERAL.—Section 1438 of the FAST Act 

13 (Public Law 114–94; 129 Stat. 1432) is repealed. 

14 (b) CLERICAL AMENDMENT.—The table of contents in 

15 section 1(b) of the FAST Act (Public Law 114–94; 129 Stat. 

16 1312) is amended by striking the item relating to section 

17 1438. 

18 SEC. 1510. FEDERAL INTERAGENCY WORKING GROUP FOR 

19 CONVERSION OF FEDERAL FLEET TO HYBRID20 ELECTRIC VEHICLES, ELECTRIC VEHICLES, 

21 AND ALTERNATIVE FUELED VEHICLES. 

22 (a) IN GENERAL.—Not later than 1 year after the date 

23 of enactment of this Act, the Chair of the Council on Envi24 ronmental Quality shall coordinate and chair a Federal 

25 interagency working group to develop a strategy to transiVerDate Sep 11 2014 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00856 Fmt 6652 Sfmt 6203 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
857 

•S 2302 RS

1 tion the vehicle fleets of the respective Federal agencies to 

2 hybrid-electric vehicles, plug-in electric drive vehicles, and 

3 alternative fueled vehicles (as defined in section 301 of the 

4 Energy Policy Act of 1992 (42 U.S.C. 13211)), to the max5 imum extent practicable. 

6 (b) GOALS.—The goals of the interagency working 

7 group established under subsection (a) are— 

8 (1) to ensure that the Federal vehicle fleet is at 

9 the leading edge of transitioning to clean energy 

10 sources; and 

11 (2) to develop targets for each year such that the 

12 total number of vehicles purchased for the Federal 

13 fleet in the applicable year includes a percentage of 

14 hybrid-electric vehicles, plug-in electric drive vehicles, 

15 and alternative fueled vehicles that is not less than 

16 the percentage of hybrid-electric vehicles, plug-in elec17 tric drive vehicles, and alternative fueled vehicles pur18 chased in the United States in the previous year. 

19 (c) REQUIREMENT.—In developing the strategy under 

20 subsection (a), the interagency working group established 

21 under that subsection shall consider— 

22 (1) cost-effectiveness; and 

23 (2) the types of vehicles that are appropriate to 

24 the mission of each Federal agency. 


lotter on DSKBCFDHB2PROD with BILLS
858 

•S 2302 RS

1 (d) REPORT.—Not later than 1 year after the date of 

2 enactment of this Act, and annually thereafter, the Federal 

3 interagency working group shall submit to the Committee 

4 on Environment and Public Works of the Senate and the 

5 Committee on Transportation and Infrastructure of the 

6 House of Representatives a report that describes the progress 

7 made toward implementing the strategy developed under 

8 subsection (a). 

9 SEC. 1511. CYBERSECURITY TOOL; CYBER COORDINATOR. 

10 (a) DEFINITIONS.—In this section: 

11 (1) ADMINISTRATOR.—The term ‘‘Adminis12 trator’’ means the Administrator of the Federal High13 way Administration. 

14 (2) CYBER INCIDENT.—The term ‘‘cyber inci15 dent’’ has the meaning given the term ‘‘significant 

16 cyber incident’’ in Presidential Policy Directive–41 

17 (July 26, 2016, relating to cyber incident coordina18 tion). 

19 (3) TRANSPORTATION AUTHORITY.—The term 

20 ‘‘transportation authority’’ means— 

21 (A) a public authority (as defined in section 

22 101(a) of title 23, United States Code); 

23 (B) an owner or operator of a highway (as 

24 defined in section 101(a) of title 23, United 

25 States Code); 


lotter on DSKBCFDHB2PROD with BILLS
859 

•S 2302 RS

1 (C) a manufacturer that manufactures a 

2 product related to transportation; and 

3 (D) a division office of the Federal High4 way Administration. 

5 (b) CYBERSECURITY TOOL.— 

6 (1) IN GENERAL.—Not later than 2 years after 

7 the date of enactment of this Act, the Administrator 

8 shall develop a tool to assist transportation authori9 ties in identifying, detecting, protecting against, re10 sponding to, and recovering from cyber incidents. 

11 (2) REQUIREMENTS.—In developing the tool 

12 under paragraph (1), the Administrator shall— 

13 (A) use the cybersecurity framework estab14 lished by the National Institute of Standards 

15 and Technology and required by Executive Order 

16 13636 of February 12, 2013 (78 Fed. Reg. 

17 11739; relating to improving critical infrastruc18 ture cybersecurity); 

19 (B) establish a structured cybersecurity as20 sessment and development program; 

21 (C) consult with appropriate transportation 

22 authorities, operating agencies, industry stake23 holders, and cybersecurity experts; and 

24 (D) provide for a period of public comment 

25 and review on the tool. 


lotter on DSKBCFDHB2PROD with BILLS
860 

•S 2302 RS

1 (c) DESIGNATION OF CYBER COORDINATOR.— 

2 (1) IN GENERAL.—Not later than 2 years after 

3 the date of enactment of this Act, the Administrator 

4 shall designate an office as a ‘‘cyber coordinator’’, 

5 which shall be responsible for monitoring, alerting, 

6 and advising transportation authorities of cyber inci7 dents. 

8 (2) REQUIREMENTS.—The office designated 

9 under paragraph (1) shall— 

10 (A) provide to transportation authorities a 

11 secure method of notifying a single Federal enti12 ty of cyber incidents; 

13 (B) monitor cyber incidents that affect 

14 transportation authorities; 

15 (C) alert transportation authorities to cyber 

16 incidents that affect those transportation au17 thorities; 

18 (D) investigate unaddressed cyber incidents 

19 that affect transportation authorities; and 

20 (E) provide to transportation authorities 

21 educational resources, outreach, and awareness 

22 on fundamental principles and best practices in 

23 cybersecurity for transportation systems. 


lotter on DSKBCFDHB2PROD with BILLS
861 

•S 2302 RS

1 SEC. 1512. STUDY ON MOST EFFECTIVE UPGRADES TO 

2 ROADWAY INFRASTRUCTURE. 

3 (a) IN GENERAL.—Not later than 1 year after the date 

4 of enactment of this Act, the Secretary shall offer to enter 

5 into an agreement with the Transportation Research Board 

6 of the National Academies of Sciences, Engineering, and 

7 Medicine to conduct a study— 

8 (1) to identify specific immediate and specific 

9 long-term types of improvements to roadway infra10 structure that would benefit the largest segment of 

11 road users, autonomous vehicles, and automated driv12 ing systems; and 

13 (2) to examine how best to achieve uniformity in 

14 roadway infrastructure to facilitate the safe deploy15 ment of autonomous vehicles and automated driving 

16 systems. 

17 (b) RECOMMENDATIONS.—The study conducted under 

18 subsection (a) shall include recommendations to Congress 

19 relating to the matters studied under paragraphs (1) and 

20 (2) of that subsection. 

21 (c) PUBLIC COMMENT.—Before entering into an agree22 ment under subsection (a), the Secretary shall provide an 

23 opportunity for public comment on the study proposal. 

24 (d) REPORT.—If the Transportation Research Board 

25 enters into the agreement under subsection (a), to the max26 imum extent practicable, not later than 2 years after the 


lotter on DSKBCFDHB2PROD with BILLS
862 

•S 2302 RS

1 date of enactment of this Act, the Secretary shall submit 

2 to Congress the study conducted under that subsection. 

3 SEC. 1513. STUDY ON VEHICLE-TO-INFRASTRUCTURE COM4 MUNICATION TECHNOLOGY. 

5 (a) IN GENERAL.—Not later than 1 year after the date 

6 of enactment of this Act, the Secretary shall offer to enter 

7 into an agreement with the Transportation Research Board 

8 of the National Academy of Sciences, Engineering, and 

9 Medicine to conduct a study to identify immediate and 

10 long-term safety benefits of— 

11 (1) vehicle-to-infrastructure connectivity tech12 nologies; and 

13 (2) technologies that would allow motor vehicles 

14 and roadway infrastructure to communicate using 

15 dedicated short-range communications and related 

16 safety applications. 

17 (b) CONTENTS.—The study conducted under subsection 

18 (a) shall include— 

19 (1) recommendations to Congress on specific im20 provements to roadway infrastructure that would be 

21 needed to facilitate the implementation of— 

22 (A) technologies that would allow motor ve23 hicles and roadway infrastructure to commu24 nicate using dedicated short-range communica25 tions; and 


lotter on DSKBCFDHB2PROD with BILLS
863 

•S 2302 RS

1 (B) other vehicle-to-infrastructure 

2 connectivity technologies; and 

3 (2) an evaluation of the safety, mobility, and en4 vironmental impacts resulting from a delay of the 

5 adoption of proven dedicated short-range communica6 tion technologies for vehicle-to-infrastructure commu7 nication. 

8 (c) PUBLIC COMMENT.—Before entering into an agree9 ment under subsection (a), the Secretary shall provide an 

10 opportunity for public comment on the study proposal. 

11 (d) REPORT.—If the Transportation Research Board 

12 enters into the agreement under subsection (a), to the max13 imum extent practicable, not later than 2 years after the 

14 date of enactment of this Act, the Secretary shall submit 

15 to Congress the study conducted under this section. 

16 SEC. 1514. NONHIGHWAY RECREATIONAL FUEL STUDY. 

17 (a) DEFINITIONS.—In this section: 

18 (1) HIGHWAY TRUST FUND.—The term ‘‘High19 way Trust Fund’’ means the Highway Trust Fund es20 tablished by section 9503(a) of the Internal Revenue 

21 Code of 1986. 

22 (2) NONHIGHWAY RECREATIONAL FUEL TAXES.— 

23 The term ‘‘nonhighway recreational fuel taxes’’ means 

24 taxes under section 4041 and 4081 of the Internal 

25 Revenue Code of 1986 with respect to fuel used in veVerDate Sep 11 2014 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00863 Fmt 6652 Sfmt 6203 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
864 

•S 2302 RS

1 hicles on recreational trails or back country terrain 

2 (including vehicles registered for highway use when 

3 used on recreational trails, trail access roads not eli4 gible for funding under title 23, United States Code, 

5 or back country terrain). 

6 (3) RECREATIONAL TRAILS PROGRAM.—The term 

7 ‘‘recreational trails program’’ means the recreational 

8 trails program under section 206 of title 23, United 

9 States Code. 

10 (b) ASSESSMENT; REPORT.— 

11 (1) ASSESSMENT.—Not later than 1 year after 

12 the date of enactment of this Act and not less fre13 quently than once every 5 years thereafter, as deter14 mined by the Secretary, the Secretary shall carry out 

15 an assessment of the best available estimate of the 

16 total amount of nonhighway recreational fuel taxes 

17 received by the Secretary of the Treasury and trans18 ferred to the Highway Trust Fund for the period cov19 ered by the assessment. 

20 (2) REPORT.—After carrying out each assess21 ment under paragraph (1), the Secretary shall submit 

22 to the Committees on Finance and Environment and 

23 Public Works of the Senate and the Committees on 

24 Ways and Means and Transportation and InfrastrucVerDate Sep 11 2014 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00864 Fmt 6652 Sfmt 6203 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
865 

•S 2302 RS

1 ture of the House of Representatives a report that in2 cludes— 

3 (A) to assist Congress in determining an 

4 appropriate funding level for the recreational 

5 trails program— 

6 (i) a description of the results of the 

7 assessment; and 

8 (ii) an evaluation of whether the cur9 rent recreational trails program funding 

10 level reflects the amount of nonhighway rec11 reational fuel taxes collected and transferred 

12 to the Highway Trust Fund; and 

13 (B) in the case of the first report submitted 

14 under this paragraph, an estimate of the fre15 quency with which the Secretary anticipates car16 rying out the assessment under paragraph (1), 

17 subject to the condition that such an assessment 

18 shall be carried out not less frequently than once 

19 every 5 years. 

20 (c) CONSULTATION.—In carrying out an assessment 

21 under subsection (b)(1), the Secretary may consult with, as 

22 the Secretary determines to be appropriate— 

23 (1) the heads of— 

24 (A) State agencies designated by Governors 

25 pursuant to section 206(c)(1) of title 23, United 


lotter on DSKBCFDHB2PROD with BILLS
866 

•S 2302 RS

1 States Code, to administer the recreational trails 

2 program; and 

3 (B) division offices of the Department; 

4 (2) the Secretary of the Treasury; 

5 (3) the Administrator of the Federal Highway 

6 Administration; and 

7 (4) groups representing recreational activities 

8 and interests, including hiking, biking and mountain 

9 biking, horseback riding, water trails, snowshoeing, 

10 cross-country skiing, snowmobiling, off-highway 

11 motorcycling, all-terrain vehicles and other offroad 

12 motorized vehicle activities, and recreational trail ad13 vocates. 

14 SEC. 1515. BUY AMERICA. 

15 Section 313 of title 23, United States Code, is amend16 ed— 

17 (1) by redesignating subsection (g) as subsection 

18 (h); and 

19 (2) by inserting after subsection (f) the following: 

20 ‘‘(g) WAIVERS.— 

21 ‘‘(1) IN GENERAL.—Not less than 15 days before 

22 issuing a waiver under this section, the Secretary 

23 shall provide to the public— 

24 ‘‘(A) notice of the proposed waiver; 


lotter on DSKBCFDHB2PROD with BILLS
867 

•S 2302 RS

1 ‘‘(B) an opportunity for comment on the 

2 proposed waiver; and 

3 ‘‘(C) the reasons for the proposed waiver. 

4 ‘‘(2) REPORT.—Not less frequently than annu5 ally, the Secretary shall submit to the Committee on 

6 Environment and Public Works of the Senate and the 

7 Committee on Transportation and Infrastructure of 

8 the House of Representatives a report on the waivers 

9 provided under this section.’’. 

10 SEC. 1516. REPORT ON DATA-DRIVEN INFRASTRUCTURE 

11 TRAFFIC SAFETY IMPROVEMENTS. 

12 The Administrator of the Federal Highway Adminis13 tration shall— 

14 (1) conduct a study to identify data-driven in15 frastructure traffic safety improvements for priority 

16 focus areas identified by the Administrator, including 

17 improvements that would benefit older drivers, teen18 age drivers, commercial drivers, and other vulnerable 

19 drivers; 

20 (2) on completion of the study under paragraph 

21 (1), submit to the Committee on Environment and 

22 Public Works of the Senate and the Committee on 

23 Transportation and Infrastructure of the House of 

24 Representatives a report that— 

25 (A) describes the results of the study; and 


lotter on DSKBCFDHB2PROD with BILLS
868 

•S 2302 RS

1 (B) includes recommendations for data2 driven infrastructure traffic safety improvements 

3 that could be implemented; and 

4 (3) based on the results of the study, promote the 

5 use of the data-driven infrastructure traffic safety im6 provements recommended under paragraph (2)(B). 

7 SEC. 1517. HIGH PRIORITY CORRIDORS ON THE NATIONAL 

8 HIGHWAY SYSTEM. 

9 (a) HIGH PRIORITY CORRIDORS.—Section 1105(c) of 

10 the Intermodal Surface Transportation Efficiency Act of 

11 1991 (Public Law 102–240; 105 Stat. 2032; 131 Stat. 797) 

12 is amended by adding at the end the following: 

13 ‘‘(91) United States Route 421 from the inter14 change with Interstate Route 85 in Greensboro, North 

15 Carolina, to the interchange with Interstate Route 95 

16 in Dunn, North Carolina. 

17 ‘‘(92) The Wendell H. Ford (Western Kentucky) 

18 Parkway from the interchange with the William H. 

19 Natcher Parkway in Ohio County, Kentucky, west to 

20 the interchange of the Western Kentucky Parkway 

21 with the Edward T. Breathitt (Pennyrile) Parkway. 

22 ‘‘(93) The South Mississippi Corridor from the 

23 Louisiana and Mississippi border near Natchez, Mis24 sissippi, to Gulfport, Mississippi, shall generally fol25 low— 


lotter on DSKBCFDHB2PROD with BILLS
869 

•S 2302 RS

1 ‘‘(A) United States Route 84 from the Lou2 isiana border at the Mississippi River passing in 

3 the vicinity of Natchez, Brookhaven, Monticello, 

4 Prentiss, and Collins, Mississippi, to the logical 

5 terminus with Interstate Route 59 in the vicin6 ity of Laurel, Mississippi, and continuing on 

7 Interstate Route 59 south to the vicinity of Hat8 tiesburg, Mississippi; and 

9 ‘‘(B) United States Route 49 from the vicin10 ity of Hattiesburg, Mississippi, south to Inter11 state Route 10 in the vicinity of Gulfport, Mis12 sissippi, following Mississippi Route 601 south 

13 and terminating near the Mississippi State Port 

14 at Gulfport. 

15 ‘‘(94) The Kosciusko to Gulf Coast corridor com16 mencing at the logical terminus of Interstate Route 

17 55 near Vaiden, Mississippi, running south and pass18 ing east of the vicinity of the Jackson Urbanized 

19 Area, connecting to United States Route 49 north of 

20 Hattiesburg, Mississippi, and generally following 

21 United States Route 49 to a logical connection with 

22 Interstate Route 10 in the vicinity of Gulfport, Mis23 sissippi. 

24 ‘‘(95) The Interstate Route 22 spur from the vi25 cinity of Tupelo, Mississippi, running south generally 


lotter on DSKBCFDHB2PROD with BILLS
870 

•S 2302 RS

1 along United States Route 45 to the vicinity of Shan2 non, Mississippi.’’. 

3 (b) DESIGNATION AS FUTURE INTERSTATES.—Section 

4 1105(e)(5)(A) of the Intermodal Surface Transportation Ef5 ficiency Act of 1991 (Public Law 102–240; 109 Stat. 597; 

6 131 Stat. 797) is amended in the first sentence by striking 

7 ‘‘and subsection (c)(90)’’ and inserting ‘‘subsection (c)(90), 

8 subsection (c)(91), subsection (c)(92), subsection (c)(93)(A), 

9 subsection (c)(94), and subsection (c)(95)’’. 

10 (c) NUMBERING OF PARKWAY.—Section 

11 1105(e)(5)(C)(i) of the Intermodal Surface Transportation 

12 Efficiency Act of 1991 (Public Law 102–240; 109 Stat. 598; 

13 126 Stat. 426; 131 Stat. 797) is amended by adding at the 

14 end the following: ‘‘The route referred to in subsection 

15 (c)(92) is designated as Interstate Route I–569.’’. 

16 (d) GAO REPORT ON DESIGNATION OF SEGMENTS AS

17 PART OF INTERSTATE SYSTEM.— 

18 (1) DEFINITION OF APPLICABLE SEGMENT.—In 

19 this subsection, the term ‘‘applicable segment’’ means 

20 a route described in paragraph (91) or (92) of section 

21 1105(c) of the Intermodal Surface Transportation Ef22 ficiency Act of 1991 (Public Law 102–240; 105 Stat. 

23 2032). 

24 (2) REPORT.— 


lotter on DSKBCFDHB2PROD with BILLS
871 

•S 2302 RS

1 (A) IN GENERAL.—Not later than 2 years 

2 after the date on which the applicable segments 

3 are open for operations as part of the Interstate 

4 System, the Comptroller General of the United 

5 States shall submit to Congress a report on the 

6 impact, if any, during that 2-year period of al7 lowing the continuation of weight limits that ap8 plied before the designation of the applicable seg9 ment as a route on the Interstate System. 

10 (B) REQUIREMENTS.—The report under 

11 subparagraph (A) shall— 

12 (i) be informed by the views and docu13 mentation provided by the State highway 

14 agency (or equivalent agency) in each State 

15 in which an applicable segment is located; 

16 (ii) describe any impacts on safety and 

17 infrastructure on the applicable segments; 

18 (iii) describe any view of the State 

19 highway agency (or equivalent agency) in 

20 each State in which an applicable segment 

21 is located on the impact of the applicable 

22 segment; and 

23 (iv) focus only on the applicable seg24 ments. 


lotter on DSKBCFDHB2PROD with BILLS
872 

•S 2302 RS

1 SEC. 1518. INTERSTATE WEIGHT LIMITS. 

2 Section 127 of title 23, United States Code, is amend3 ed— 

4 (1) in subsection (l)(3)(A)— 

5 (A) in the matter preceding clause (i), in 

6 the first sentence, by striking ‘‘clause (i) or (ii)’’ 

7 and inserting ‘‘clauses (i) through (iv)’’; and 

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

9 ‘‘(iii) The Wendell H. Ford (Western 

10 Kentucky) Parkway (to be designated as a 

11 spur of Interstate Route 69) from the inter12 change with the William H. Natcher Park13 way in Ohio County, Kentucky, west to the 

14 interchange of the Western Kentucky Park15 way with the Edward T. Breathitt 

16 (Pennyrile) Parkway. 

17 ‘‘(iv) The Edward T. Breathitt Park18 way (to be designated as a spur of Inter19 state Route 69) from Interstate 24 to Inter20 state 69.’’; and 

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

22 ‘‘(v) OPERATION OF VEHICLES ON CERTAIN NORTH

23 CAROLINA HIGHWAYS.—If any segment in the State of 

24 North Carolina of United States Route 17, United States 

25 Route 29, United States Route 52, United States Route 64, 

26 United States Route 70, United States Route 74, United 


lotter on DSKBCFDHB2PROD with BILLS
873 

•S 2302 RS

1 States Route 117, United States Route 220, United States 

2 Route 264, or United States Route 421 is designated as a 

3 route on the Interstate System, a vehicle that could operate 

4 legally on that segment before the date of such designation 

5 may continue to operate on that segment, without regard 

6 to any requirement under subsection (a).’’. 

7 SEC. 1519. INTERSTATE EXEMPTION. 

8 Notwithstanding section 111 of title 23, United States 

9 Code, if the segment of highway described in paragraph (92) 

10 of section 1105(c) of the Intermodal Surface Transportation 

11 Efficiency Act of 1991 (Public Law 102–240; 105 Stat. 

12 2032) is designated as a route on the Interstate System, 

13 any commercial establishment operating legally in a rest 

14 area on that segment before the date of that designation 

15 may continue to operate in the Interstate right-of-way, sub16 ject to the Interstate access standards established under sec17 tion 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 of 

21 the United States shall submit a report that evaluates the 

22 congestion mitigation and air quality improvement pro23 gram under section 149 of title 23, United States Code (re24 ferred to in this section as the ‘‘program’’), to— 


lotter on DSKBCFDHB2PROD with BILLS
874 

•S 2302 RS

1 (1) the Committee on Environment and Public 

2 Works of the Senate; and 

3 (2) the Committee on Transportation and Infra4 structure 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 under 

9 the program; 

10 (2) the cost-effectiveness of the reductions de11 scribed in paragraph (1); 

12 (3) the result of investments of funding under the 

13 program in minority and low-income communities 

14 that are disproportionately affected by ozone, carbon 

15 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 (42 

19 U.S.C. 7409) for ozone, carbon monoxide, and partic20 ulate matter, of performance measures established 

21 under section 150(c)(5) of title 23, United States 

22 Code, and performance targets established under sub23 section (d) of that section for traffic congestion and 

24 on-road mobile source emissions; 


lotter on DSKBCFDHB2PROD with BILLS
875 

•S 2302 RS

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 attain4 ment 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 implement 

12 the following recommendations from the report of the Gov13 ernment Accountability Office entitled ‘‘Highway Safety: 

14 More Robust DOT Oversight of Guardrails and Other Road15 side Hardware Could Further Enhance Safety’’ published 

16 in June 2016 and numbered GAO–16–575: 

17 (1) Develop a process for third party verification 

18 of full-scale crash testing results from crash test labs 

19 to include a process for— 

20 (A) formally verifying the testing outcomes; 

21 and 

22 (B) providing for an independent pass/fail 

23 determination. 

24 (2) Establish a process to enhance the independ25 ence of crash test labs by ensuring that those labs have 


lotter on DSKBCFDHB2PROD with BILLS
876 

•S 2302 RS

1 a clear separation between device development and 

2 testing in cases in which lab employees test devices 

3 that were developed within the parent organization of 

4 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 date 

13 of enactment of this Act, the Secretary shall carry out a 

14 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 permeable 

23 pavements in flood control; and 

24 (B) best practices for designing permeable 

25 pavement to meet flood control requirements. 


lotter on DSKBCFDHB2PROD with BILLS
877 

•S 2302 RS

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 flood 

8 control using permeable pavement that considers long9 term performance and cost information. 

10 (c) PUBLICATION.—The Secretary shall make a report 

11 describing the results of the study under subsection (a) 

12 available to States and units of local government. 

13 SEC. 1523. EMERGENCY RELIEF PROJECTS. 

14 (a) DEFINITION OF EMERGENCY RELIEF PROJECT.— 

15 In this section, the term ‘‘emergency relief project’’ means 

16 a project carried out under the emergency relief program 

17 under section 125 of title 23, United States Code. 

18 (b) IMPROVING THE EMERGENCY RELIEF PROGRAM.— 

19 Not later than 90 days after the date of enactment of this 

20 Act, the Secretary shall— 

21 (1) revise the emergency relief manual of the 

22 Federal Highway Administration— 

23 (A) to include and reflect the definition of 

24 the term ‘‘resilience’’ (as defined in section 

25 101(a) of title 23, United States Code); 


lotter on DSKBCFDHB2PROD with BILLS
878 

•S 2302 RS

1 (B) to identify procedures that States may 

2 use to incorporate resilience into emergency relief 

3 projects; and 

4 (C) to encourage the use of Complete Streets 

5 design principles and consideration of access for 

6 moderate- and low-income families impacted by 

7 a declared disaster; 

8 (2) develop best practices for improving the use 

9 of resilience in— 

10 (A) the emergency relief program under sec11 tion 125 of title 23, United States Code; and 

12 (B) emergency relief efforts; 

13 (3) provide to division offices of the Federal 

14 Highway Administration and State departments of 

15 transportation information on the best practices de16 veloped under paragraph (2); and 

17 (4) develop and implement a process to track— 

18 (A) the consideration of resilience as part of 

19 the emergency relief program under section 125 

20 of title 23, United States Code; and 

21 (B) the costs of emergency relief projects. 

22 SEC. 1524. CERTAIN GATHERING LINES LOCATED ON FED23 ERAL LAND AND INDIAN LAND. 

24 (a) DEFINITIONS.—In this section: 

25 (1) FEDERAL LAND.— 


lotter on DSKBCFDHB2PROD with BILLS
879 

•S 2302 RS

1 (A) IN GENERAL.—The term ‘‘Federal land’’ 

2 means land the title to which is held by the 

3 United States. 

4 (B) EXCLUSIONS.—The term ‘‘Federal 

5 land’’ does not include— 

6 (i) a unit of the National Park Sys7 tem; 

8 (ii) a unit of the National Wildlife 

9 Refuge System; 

10 (iii) a component of the National Wil11 derness Preservation System; 

12 (iv) a wilderness study area within the 

13 National Forest System; or 

14 (v) Indian land. 

15 (2) GATHERING LINE AND ASSOCIATED FIELD

16 COMPRESSION OR PUMPING UNIT.— 

17 (A) IN GENERAL.—The term ‘‘gathering line 

18 and associated field compression or pumping 

19 unit’’ means— 

20 (i) a pipeline that is installed to trans21 port oil, natural gas and related constitu22 ents, or produced water from 1 or more 

23 wells drilled and completed to produce oil or 

24 gas; and 


lotter on DSKBCFDHB2PROD with BILLS
880 

•S 2302 RS

1 (ii) if necessary, 1 or more compressors 

2 or pumps to raise the pressure of the trans3 ported oil, natural gas and related constitu4 ents, or produced water to higher pressures 

5 necessary to enable the oil, natural gas and 

6 related constituents, or produced water to 

7 flow into pipelines and other facilities. 

8 (B) INCLUSIONS.—The term ‘‘gathering line 

9 and associated field compression or pumping 

10 unit’’ includes a pipeline or associated compres11 sion or pumping unit that is installed to trans12 port oil or natural gas from a processing plant 

13 to a common carrier pipeline or facility. 

14 (C) EXCLUSIONS.—The term ‘‘gathering 

15 line and associated field compression or pump16 ing unit’’ does not include a common carrier 

17 pipeline. 

18 (3) INDIAN LAND.—The term ‘‘Indian land’’ 

19 means land the title to which is held by— 

20 (A) the United States in trust for an In21 dian Tribe or an individual Indian; or 

22 (B) an Indian Tribe or an individual In23 dian subject to a restriction by the United States 

24 against alienation. 


lotter on DSKBCFDHB2PROD with BILLS
881 

•S 2302 RS

1 (4) PRODUCED WATER.—The term ‘‘produced 

2 water’’ means water produced from an oil or gas well 

3 bore that is not a fluid prepared at, or transported 

4 to, the well site to resolve a specific oil or gas well 

5 bore or reservoir condition. 

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

7 the Secretary of the Interior. 

8 (b) CERTAIN GATHERING LINES.— 

9 (1) IN GENERAL.—Subject to paragraph (2), the 

10 issuance of a sundry notice or right-of-way for a 

11 gathering line and associated field compression or 

12 pumping unit that is located on Federal land or In13 dian land and that services any oil or gas well may 

14 be considered by the Secretary to be an action that is 

15 categorically excluded (as defined in section 1508.4 of 

16 title 40, Code of Federal Regulations (as in effect on 

17 the date of enactment of this Act)) for purposes of the 

18 National Environmental Policy Act of 1969 (42 

19 U.S.C. 4321 et seq.) if the gathering line and associ20 ated field compression or pumping unit— 

21 (A) are within a field or unit for which an 

22 approved land use plan or an environmental 

23 document prepared pursuant to the National 

24 Environmental Policy Act of 1969 (42 U.S.C. 

25 4321 et seq.) analyzed transportation of oil, natVerDate Sep 11 2014 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00881 Fmt 6652 Sfmt 6203 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
882 

•S 2302 RS

1 ural gas, or produced water from 1 or more oil 

2 or gas wells in the field or unit as a reasonably 

3 foreseeable activity; 

4 (B) are located adjacent to or within— 

5 (i) any existing disturbed area; or 

6 (ii) an existing corridor for a right-of7 way; and 

8 (C) would reduce— 

9 (i) in the case of a gathering line and 

10 associated field compression or pumping 

11 unit transporting methane, the total quan12 tity of methane that would otherwise be 

13 vented, flared, or unintentionally emitted 

14 from the field or unit; or 

15 (ii) in the case of a gathering line and 

16 associated field compression or pumping 

17 unit not transporting methane, the vehic18 ular traffic that would otherwise service the 

19 field or unit. 

20 (2) APPLICABILITY.—Paragraph (1) shall apply 

21 to Indian land, or a portion of Indian land— 

22 (A) to which the National Environmental 

23 Policy Act of 1969 (42 U.S.C. 4321 et seq.) ap24 plies; and 


lotter on DSKBCFDHB2PROD with BILLS
883 

•S 2302 RS

1 (B) for which the Indian Tribe with juris2 diction over the Indian land submits to the Sec3 retary a written request that paragraph (1) 

4 apply to that Indian land (or portion of Indian 

5 land). 

6 (c) EFFECT ON OTHER LAW.—Nothing in this sec7 tion— 

8 (1) affects or alters any requirement— 

9 (A) relating to prior consent under— 

10 (i) section 2 of the Act of February 5, 

11 1948 (62 Stat. 18, chapter 45; 25 U.S.C. 

12 324); or 

13 (ii) section 16(e) of the Act of June 18, 

14 1934 (48 Stat. 987, chapter 576; 102 Stat. 

15 2939; 114 Stat. 47; 25 U.S.C. 5123(e)) 

16 (commonly known as the ‘‘Indian Reorga17 nization Act’’); 

18 (B) under section 306108 of title 54, United 

19 States Code; or 

20 (C) under any other Federal law (including 

21 regulations) relating to Tribal consent for rights22 of-way across Indian land; or 

23 (2) makes the National Environmental Policy 

24 Act of 1969 (42 U.S.C. 4321 et seq.) applicable to 

25 land to which that Act otherwise would not apply. 


lotter on DSKBCFDHB2PROD with BILLS
884 

•S 2302 RS

1 SEC. 1525. SENSE OF SENATE RELATING TO OFFSETS. 

2 It is the sense of the Senate that— 

3 (1) the Highway Trust Fund shall achieve long4 term solvency through user fees; and 

5 (2) any spending beyond current Highway Trust 

6 Fund revenues and balances during the reauthoriza7 tion period under this Act shall be fully offset. 

8 SEC. 1526. STUDY ON STORMWATER BEST MANAGEMENT 

9 PRACTICES. 

10 (a) STUDY.—Not later than 180 days after the date 

11 of enactment of this Act, the Secretary and the Adminis12 trator of the Environment Protection Agency shall offer to 

13 enter into an agreement with the Transportation Research 

14 Board of the National Academy of Sciences to conduct a 

15 study— 

16 (1) to estimate pollutant loads from stormwater 

17 runoff from highways and pedestrian facilities eligible 

18 for assistance under title 23, United States Code, to 

19 inform the development of appropriate total max20 imum daily load (as defined in section 130.2 of title 

21 40, Code of Federal Regulations (or successor regula22 tions)) requirements; 

23 (2) to provide recommendations regarding the 

24 evaluation and selection by State departments of 

25 transportation of potential stormwater management 

26 and total maximum daily load compliance strategies 


lotter on DSKBCFDHB2PROD with BILLS
885 

•S 2302 RS

1 within a watershed, including environmental restora2 tion and pollution abatement carried out under sec3 tion 328 of title 23, United States Code (including 

4 any revisions to law (including regulations) that the 

5 Transportation Research Board determines to be ap6 propriate); and 

7 (3) to examine the potential for the Secretary to 

8 assist State departments of transportation in car9 rying out and communicating stormwater manage10 ment practices for highways and pedestrian facilities 

11 that are eligible for assistance under title 23, United 

12 States Code, through information-sharing agreements, 

13 database assistance, or an administrative platform to 

14 provide the information described in paragraphs (1) 

15 and (2) to entities issued permits under the Federal 

16 Water Pollution Control Act (33 U.S.C. 1251 et seq.). 

17 (b) REQUIREMENTS.—If the Transportation Research 

18 Board enters into an agreement under subsection (a), in 

19 conducting the study under that subsection, the Transpor20 tation Research Board shall— 

21 (1) review and supplement, as appropriate, the 

22 methodologies examined and recommended in the re23 port of the National Academies of Sciences, Engineer24 ing, and Medicine entitled ‘‘Approaches for Deter25 mining and Complying with TMDL Requirements 


lotter on DSKBCFDHB2PROD with BILLS
886 

•S 2302 RS

1 Related to Roadway Stormwater Runoff’’ and dated 

2 2019; 

3 (2) consult with— 

4 (A) the Secretary; 

5 (B) the Administrator of the Environmental 

6 Protection Agency; 

7 (C) the Secretary of the Army, acting 

8 through the Chief of Engineers; and 

9 (D) State departments of transportation; 

10 and 

11 (3) solicit input from— 

12 (A) stakeholders with experience in imple13 menting stormwater management practices for 

14 projects; and 

15 (B) educational and technical stormwater 

16 management groups. 

17 (c) REPORT.—If the Transportation Research Board 

18 enters into an agreement under subsection (a), not later 

19 than 18 months after the date of enactment of this Act, the 

20 Transportation Research Board shall submit to the Sec21 retary, the Committee on Environment and Public Works 

22 of the Senate, and the Committee on Transportation and 

23 Infrastructure of the House of Representatives a report de24 scribing the results of the study. 


lotter on DSKBCFDHB2PROD with BILLS
887 

•S 2302 RS

1 SEC. 1527. STORMWATER BEST MANAGEMENT PRACTICES 

2 REPORTS. 

3 (a) DEFINITIONS.—In this section: 

4 (1) ADMINISTRATOR.—The term ‘‘Adminis5 trator’’ means the Administrator of the Federal High6 way Administration. 

7 (2) BEST MANAGEMENT PRACTICES REPORT.— 

8 The term ‘‘best management practices report’’ 

9 means— 

10 (A) the 2014 report sponsored by the Ad11 ministrator entitled ‘‘Determining the State of 

12 the Practice in Data Collection and Performance 

13 Measurement of Stormwater Best Management 

14 Practices’’; and 

15 (B) the 1997 report sponsored by the Ad16 ministrator entitled ‘‘Stormwater Best Manage17 ment Practices in an Ultra-Urban Setting: Se18 lection and Monitoring’’. 

19 (b) REISSUANCE.—Not later than 1 year after the date 

20 of enactment of this Act, the Administrator shall update 

21 and reissue each best management practices report to reflect 

22 new information and advancements in stormwater manage23 ment. 

24 (c) UPDATES.—Not less frequently than once every 5 

25 years after the date on which the Administrator reissues 

26 a best management practices report described in subsection 


lotter on DSKBCFDHB2PROD with BILLS
888 

•S 2302 RS

1 (b), the Administrator shall update and reissue the best 

2 management practices report until the earlier of the date 

3 on which— 

4 (1) the best management practices report is with5 drawn; or 

6 (2) the contents of the best management practices 

7 report are incorporated (including by reference) into 

8 applicable regulations of the Administrator. 

9 SEC. 1528. INVASIVE PLANT ELIMINATION PROGRAM. 

10 (a) DEFINITIONS.—In this section: 

11 (1) INVASIVE PLANT.—The term ‘‘invasive plant’’ 

12 means a nonnative plant, tree, grass, or weed species, 

13 including, at a minimum, cheatgrass, Ventenata 

14 dubia, medusahead, bulbous bluegrass, Japanese 

15 brome, rattail fescue, Japanese honeysuckle, 

16 phragmites, autumn olive, Bradford pear, wild pars17 nip, sericea lespedeza, spotted knapweed, garlic mus18 tard, and palmer amaranth. 

19 (2) PROGRAM.—The term ‘‘program’’ means the 

20 grant program established under subsection (b). 

21 (3) TRANSPORTATION CORRIDOR.—The term 

22 ‘‘transportation corridor’’ means a road, highway, 

23 railroad, or other surface transportation route. 

24 (b) ESTABLISHMENT.—The Secretary shall carry out 

25 a program to provide grants to States to eliminate or conVerDate Sep 11 2014 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00888 Fmt 6652 Sfmt 6203 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
889 

•S 2302 RS

1 trol existing invasive plants or prevent introduction of or 

2 encroachment by new invasive plants along and in areas 

3 adjacent to transportation corridor rights-of-way. 

4 (c) APPLICATION.—To be eligible to receive a grant 

5 under the program, a State shall submit to the Secretary 

6 an application at such time, in such manner, and con7 taining such information as the Secretary may require. 

8 (d) ELIGIBLE ACTIVITIES.— 

9 (1) IN GENERAL.—Subject to this subsection, a 

10 State that receives a grant under the program may 

11 use the grant funds to carry out activities to elimi12 nate or control existing invasive plants or prevent in13 troduction of or encroachment by new invasive plants 

14 along and in areas adjacent to transportation cor15 ridor rights-of-way. 

16 (2) PRIORITIZATION OF PROJECTS.—In carrying 

17 out the program, the Secretary shall give priority to 

18 projects that utilize revegetation with native plants 

19 and wildflowers, including those that are pollinator20 friendly. 

21 (3) PROHIBITION ON CERTAIN USES OF

22 FUNDS.—Amounts provided to a State under the pro23 gram may not be used for costs relating to mowing 

24 a transportation corridor right-of-way or the adjacent 

25 area unless— 


lotter on DSKBCFDHB2PROD with BILLS
890 

•S 2302 RS

1 (A) mowing is identified as the best means 

2 of treatment according to best management prac3 tices; or 

4 (B) mowing is used in conjunction with an5 other treatment. 

6 (4) LIMITATION.—Not more than 10 percent of 

7 the amounts provided to a State under the program 

8 may be used for the purchase of equipment. 

9 (5) ADMINISTRATIVE AND INDIRECT COSTS.—Not 

10 more than 5 percent of the amounts provided to a 

11 State under the program may be used for the admin12 istrative and other indirect costs (such as full time 

13 employee salaries, rent, insurance, subscriptions, util14 ities, and office supplies) of carrying out eligible ac15 tivities. 

16 (e) REQUIREMENTS.— 

17 (1) COORDINATION.—In carrying out eligible ac18 tivities with a grant under the program, a State shall 

19 coordinate with— 

20 (A) units of local government, political sub21 divisions of the State, and Tribal authorities 

22 that are carrying out eligible activities in the 

23 areas to be treated; 


lotter on DSKBCFDHB2PROD with BILLS
891 

•S 2302 RS

1 (B) local regulatory authorities, in the case 

2 of a treatment along or adjacent to a railroad 

3 right-of-way; and 

4 (C) with respect to the most effective road5 side control methods, State and Federal land 

6 management agencies and any relevant Tribal 

7 authorities. 

8 (2) ANNUAL REPORT.—Not later than 1 year 

9 after the date on which a State receives a grant under 

10 the program, and annually thereafter, that State shall 

11 provide to the Secretary an annual report on the 

12 treatments carried out using funds from the grant. 

13 (f) FEDERAL SHARE.— 

14 (1) IN GENERAL.—The Federal share of the cost 

15 of an eligible activity carried out using funds from a 

16 grant under the program shall be— 

17 (A) in the case of a project that utilizes re18 vegetation with native plants and wildflowers, 

19 including those that are pollinator-friendly, 75 

20 percent; and 

21 (B) in the case of any other project not de22 scribed in subparagraph (A), 50 percent. 

23 (2) CERTAIN FUNDS COUNTED TOWARD NON-FED24 ERAL SHARE.—A State may include amounts ex25 pended by the State or a unit of local government in 


lotter on DSKBCFDHB2PROD with BILLS
892 

•S 2302 RS

1 the State to address current invasive plant popu2 lations and prevent future infestation along or in 

3 areas adjacent to transportation corridor rights-of4 way in calculating the non-Federal share required 

5 under the program. 

6 (g) FUNDING.—There is authorized to be appropriated 

7 to carry out the program $50,000,000 for each of fiscal 

8 years 2021 through 2025. 

9 SEC. 1529. OVER-THE-ROAD BUS TOLLING EQUITY. 

10 Section 129(a) of title 23, United States Code, is 

11 amended— 

12 (1) in paragraph (3)(B)(i), by inserting ‘‘, to13 gether with the results of the audit under paragraph 

14 (9)(C),’’ after ‘‘the audits’’; and 

15 (2) in paragraph (9)— 

16 (A) by striking ‘‘An over-the-road’’ and in17 serting the following: 

18 ‘‘(A) IN GENERAL.—An over-the-road’’; 

19 (B) in subparagraph (A) (as so designated), 

20 by striking ‘‘public transportation buses’’ and 

21 inserting ‘‘public transportation vehicles’’; and 

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

23 ‘‘(B) REPORTS.— 

24 ‘‘(i) IN GENERAL.—Not later than 90 

25 days after the date of enactment of this subVerDate Sep 11 2014 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00892 Fmt 6652 Sfmt 6203 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
893 

•S 2302 RS

1 paragraph, a public authority that operates 

2 a toll facility shall report to the Secretary 

3 any rates, terms, or conditions for access to 

4 the toll facility by public transportation ve5 hicles that differ from the rates, terms, or 

6 conditions applicable to over-the-road buses. 

7 ‘‘(ii) UPDATES.—A public authority 

8 that operates a toll facility shall report to 

9 the Secretary any change to the rates, 

10 terms, or conditions for access to the toll fa11 cility by public transportation vehicles that 

12 differ from the rates, terms, or conditions 

13 applicable to over-the-road buses by not 

14 later than 30 days after the date on which 

15 the change takes effect. 

16 ‘‘(iii) PUBLICATION.—The Secretary 

17 shall publish information reported to the 

18 Secretary under clauses (i) and (ii) on a 

19 publicly accessible internet website. 

20 ‘‘(C) ANNUAL AUDIT.— 

21 ‘‘(i) IN GENERAL.—A public authority 

22 (as defined in section 101(a)) with jurisdic23 tion over a toll facility shall— 

24 ‘‘(I) conduct or have an inde25 pendent auditor conduct an annual 


lotter on DSKBCFDHB2PROD with BILLS
894 

•S 2302 RS

1 audit of toll facility records to verify 

2 compliance with this paragraph; and 

3 ‘‘(II) report the results of the 

4 audit, together with the results of the 

5 audit under paragraph (3)(B), to the 

6 Secretary. 

7 ‘‘(ii) RECORDS.—After providing rea8 sonable notice, a public authority described 

9 in clause (i) shall make all records of the 

10 public authority pertaining to the toll facil11 ity available for audit by the Secretary. 

12 ‘‘(iii) NONCOMPLIANCE.—If the Sec13 retary determines that a public authority 

14 described in clause (i) has not complied 

15 with this paragraph, the Secretary may re16 quire the public authority to discontinue 

17 collecting tolls until an agreement with the 

18 Secretary is reached to achieve compli19 ance.’’. 

20 SEC. 1530. BRIDGE TERMINOLOGY. 

21 (a) CONDITION OF NHS BRIDGES.—Section 119(f)(2) 

22 of title 23, United States Code, is amended by striking 

23 ‘‘structurally deficient’’ each place it appears and inserting 

24 ‘‘in poor condition’’. 


lotter on DSKBCFDHB2PROD with BILLS
895 

•S 2302 RS

1 (b) NATIONAL BRIDGE AND TUNNEL INVENTORIES.— 

2 Section 144(b)(5) of title 23, United States Code, is amend3 ed by striking ‘‘structurally deficient bridge’’ and inserting 

4 ‘‘bridge classified as in poor condition’’. 

5 (c) TRIBAL TRANSPORTATION FACILITY BRIDGES.— 

6 Section 202(d) of title 23, United States Code, is amend7 ed— 

8 (1) in paragraph (1), by striking ‘‘deficient 

9 bridges eligible for the tribal transportation program’’ 

10 and inserting ‘‘bridges eligible for the tribal transpor11 tation program classified as in poor condition, hav12 ing low load capacity, or needing geometric improve13 ments’’; and 

14 (2) in paragraph (3)(C), by striking ‘‘struc15 turally deficient or functionally obsolete’’ and insert16 ing ‘‘classified as in poor condition, having a low 

17 load capacity, or needing geometric improvements’’. 

18 SEC. 1531. TECHNICAL CORRECTIONS. 

19 (a) Section 101(b)(1) of title 23, United States Code, 

20 is amended by inserting ‘‘Highways’’ after ‘‘and Defense’’. 

21 (b) Section 104(f)(3) of title 23, United States Code, 

22 is amended— 

23 (1) in the paragraph heading, by striking ‘‘FED24 ERAL HIGHWAY ADMINISTRATION’’ and inserting ‘‘AN


lotter on DSKBCFDHB2PROD with BILLS
896 

•S 2302 RS

1 OPERATING ADMINISTRATION OF THE DEPARTMENT

2 OF TRANSPORTATION’’; and 

3 (2) in subparagraph (A), by striking ‘‘the Fed4 eral Highway Administration’’ and inserting ‘‘an op5 erating administration of the Department of Trans6 portation’’. 

7 (c) Section 108(c)(3)(F) of title 23, United States 

8 Code, is amended— 

9 (1) by inserting ‘‘of 1969 (42 U.S.C. 4321 et 

10 seq.)’’ after ‘‘Policy Act’’; and 

11 (2) by striking ‘‘this Act’’ and inserting ‘‘this 

12 title’’. 

13 (d) Section 112(b)(2) of title 23, United States Code, 

14 is amended by striking ‘‘(F) (F) Subparagraphs’’ and in15 serting the following: 

16 ‘‘(F) EXCLUSION.—Subparagraphs’’. 

17 (e) Section 115(c) of title 23, United States Code, is 

18 amended by striking ‘‘section 135(f)’’ and inserting ‘‘section 

19 135(g)’’. 

20 (f) Section 130(g) of title 23, United States Code, is 

21 amended— 

22 (1) in the third sentence— 

23 (A) by striking ‘‘and Transportation,’’ and 

24 inserting ‘‘and Transportation’’; and 


lotter on DSKBCFDHB2PROD with BILLS
897 

•S 2302 RS

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 (g) Section 135(g) of title 23, United States Code, is 

6 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 (h) Section 139 of title 23, United States Code (as 

13 amended by section 1301), is amended— 

14 (1) in subsection (b)(1), by inserting ‘‘(42 U.S.C. 

15 4321 et seq.)’’ after ‘‘of 1969’’; 

16 (2) in subsection (c), by inserting ‘‘(42 U.S.C. 

17 4321 et seq.)’’ after ‘‘of 1969’’ each place it appears; 

18 and 

19 (3) in subsection (k)(2), by inserting ‘‘(42 U.S.C. 

20 4321 et seq.)’’ after ‘‘of 1969’’. 

21 (i) Section 140(a) of title 23, United States Code, is 

22 amended, in the third sentence, by inserting a comma after 

23 ‘‘Secretary’’. 

24 (j) Section 142 of title 23, United States Code, is 

25 amended by striking subsection (i). 


lotter on DSKBCFDHB2PROD with BILLS
898 

•S 2302 RS

1 (k) Section 148(i)(2)(D) of title 23, United States 

2 Code, is amended by striking ‘‘safety safety’’ and inserting 

3 ‘‘safety’’. 

4 (l) Section 166(a)(1) of title 23, United States Code, 

5 is amended by striking the paragraph designation and 

6 heading and all that follows through ‘‘A public authority’’ 

7 and inserting the following: 

8 ‘‘(1) AUTHORITY OF PUBLIC AUTHORITIES.—A 

9 public authority’’. 

10 (m) Section 201(c)(6)(A)(ii) of title 23, United States 

11 Code, is amended by striking ‘‘(25 U.S.C. 450 et seq.)’’ and 

12 inserting ‘‘(25 U.S.C. 5301 et seq.)’’. 

13 (n) Section 202 of title 23, United States Code, is 

14 amended— 

15 (1) by striking ‘‘(25 U.S.C. 450 et seq.)’’ each 

16 place it appears and inserting ‘‘(25 U.S.C. 5301 et 

17 seq.)’’; 

18 (2) in subsection (a)(10)(B), by striking ‘‘(25 

19 U.S.C. 450e(b))’’ and inserting ‘‘(25 U.S.C. 

20 5307(b))’’; and 

21 (3) in subsection (b)(5), in the matter preceding 

22 subparagraph (A), by inserting ‘‘the’’ after ‘‘agree23 ment under’’. 


lotter on DSKBCFDHB2PROD with BILLS
899 

•S 2302 RS

1 (o) Section 206(d)(2)(G) of title 23, United States 

2 Code, is amended by striking ‘‘use of recreational trails’’ 

3 and inserting ‘‘uses of recreational trails’’. 

4 (p) Section 207 of title 23, United States Code, is 

5 amended— 

6 (1) in subsection (g)— 

7 (A) by striking ‘‘(25 U.S.C. 450j–1)’’ and 

8 inserting ‘‘(25 U.S.C. 5325)’’; and 

9 (B) by striking ‘‘(25 U.S.C. 450j–1(f))’’ and 

10 inserting ‘‘(25 U.S.C. 5325(f))’’; 

11 (2) in subsection (l)— 

12 (A) in paragraph (1), by striking ‘‘(25 

13 U.S.C. 458aaa–5)’’ and inserting ‘‘(25 U.S.C. 

14 5386)’’; 

15 (B) in paragraph (2), by striking ‘‘(25 

16 U.S.C. 458aaa–6)’’ and inserting ‘‘(25 U.S.C. 

17 5387)’’; 

18 (C) in paragraph (3), by striking ‘‘(25 

19 U.S.C. 458aaa–7)’’ and inserting ‘‘(25 U.S.C. 

20 5388)’’; 

21 (D) in paragraph (4), by striking ‘‘(25 

22 U.S.C. 458aaa–9)’’ and inserting ‘‘(25 U.S.C. 

23 5390)’’; 


lotter on DSKBCFDHB2PROD with BILLS
900 

•S 2302 RS

1 (E) in paragraph (5), by striking ‘‘(25 

2 U.S.C. 458aaa–10)’’ and inserting ‘‘(25 U.S.C. 

3 5391)’’; 

4 (F) in paragraph (6), by striking ‘‘(25 

5 U.S.C. 458aaa–11)’’ and inserting ‘‘(25 U.S.C. 

6 5392)’’; 

7 (G) in paragraph (7), by striking ‘‘(25 

8 U.S.C. 458aaa–14)’’ and inserting ‘‘(25 U.S.C. 

9 5395)’’; 

10 (H) in paragraph (8), by striking ‘‘(25 

11 U.S.C. 458aaa–15)’’ and inserting ‘‘(25 U.S.C. 

12 5396)’’; and 

13 (I) in paragraph (9), by striking ‘‘(25 

14 U.S.C. 458aaa–17)’’ and inserting ‘‘(25 U.S.C. 

15 5398)’’; and 

16 (3) in subsection (m)(2)— 

17 (A) by striking ‘‘505’’ and inserting ‘‘501’’; 

18 and 

19 (B) by striking ‘‘(25 U.S.C. 450b; 458aaa)’’ 

20 and inserting ‘‘(25 U.S.C. 5304; 5381)’’. 

21 (q) Section 217(d) of title 23, United States Code, is 

22 amended by striking ‘‘104(b)(3)’’ and inserting 

23 ‘‘104(b)(4)’’. 

24 (r) Section 323(d) of title 23, United States Code, is 

25 amended in the matter preceding paragraph (1), in the secVerDate Sep 11 2014 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00900 Fmt 6652 Sfmt 6203 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
901 

•S 2302 RS

1 ond sentence, by inserting ‘‘(42 U.S.C. 4321 et seq.)’’ after 

2 ‘‘of 1969’’. 

3 (s) Section 325 of title 23, United States Code, is re4 pealed. 

5 (t) Section 504(g)(6) of title 23, United States Code, 

6 is amended by striking ‘‘make grants or to’’ and inserting 

7 ‘‘make grants to’’. 

8 (u) The analysis for chapter 3 of title 23, United States 

9 Code, is amended by striking the item relating to section 

10 325. 

11 SEC. 1532. STUDY OF IMPACTS ON ROADS FROM SELF-DRIV12 ING VEHICLES. 

13 (a) IN GENERAL.—Not later than 60 days after the 

14 date of enactment of this Act, the Administrator of the Fed15 eral Highway Administration (referred to in this section 

16 as the ‘‘Administrator’’) shall initiate a study on the exist17 ing and future impacts of self-driving vehicles to transpor18 tation infrastructure, mobility, the environment, and safe19 ty, including impacts on— 

20 (1) the Interstate System (as defined in section 

21 101(a) of title 23, United States Code); 

22 (2) urban roads; 

23 (3) rural roads; 

24 (4) corridors with heavy traffic congestion; 

25 (5) transportation systems optimization; and 


lotter on DSKBCFDHB2PROD with BILLS
902 

•S 2302 RS

1 (6) any other areas or issues relevant to oper2 ations of the Federal Highway Administration that 

3 the Administrator determines to be appropriate. 

4 (b) CONTENTS OF STUDY.—The study under subsection 

5 (a) shall include specific recommendations for both rural 

6 and urban communities regarding the impacts of self-driv7 ing vehicles on existing transportation system capacity. 

8 (c) CONSIDERATIONS.—In carrying out the study 

9 under subsection (a), the Administrator shall— 

10 (1) consider the need for and recommend any 

11 policy changes to be undertaken by the Federal High12 way Administration on the impacts of self-driving ve13 hicles as identified under paragraph (2); and 

14 (2) for both rural and urban communities, in15 clude a discussion of— 

16 (A) the impacts that self-driving vehicles 

17 will have on existing transportation infrastruc18 ture, such as signage and markings, traffic 

19 lights, and highway capacity and design; 

20 (B) the impact on commercial and private 

21 traffic flows; 

22 (C) infrastructure improvement needs that 

23 may be necessary for transportation infrastruc24 ture to accommodate self-driving vehicles; 


lotter on DSKBCFDHB2PROD with BILLS
903 

•S 2302 RS

1 (D) the impact of self-driving vehicles on 

2 the environment, congestion, and vehicle miles 

3 traveled; and 

4 (E) the impact of self-driving vehicles on 

5 mobility. 

6 (d) COORDINATION.—In carrying out the study under 

7 subsection (a), the Administrator shall consider and incor8 porate relevant current and ongoing research of the Depart9 ment. 

10 (e) CONSULTATION.—In carrying out the study under 

11 subsection (a), the Administrator shall convene and consult 

12 with a panel of national experts in both rural and urban 

13 transportation, including— 

14 (1) operators and users of the Interstate System 

15 (as defined in section 101(a) of title 23, United States 

16 Code), including private sector stakeholders; 

17 (2) States and State departments of transpor18 tation; 

19 (3) metropolitan planning organizations; 

20 (4) the motor carrier industry; 

21 (5) representatives of public transportation agen22 cies or organizations; 

23 (6) highway safety and academic groups; 

24 (7) nonprofit entities with experience in trans25 portation policy; 


lotter on DSKBCFDHB2PROD with BILLS
904 

•S 2302 RS

1 (8) National Laboratories (as defined in section 

2 2 of the Energy Policy Act of 2005 (42 U.S.C. 

3 15801)); 

4 (9) environmental stakeholders; and 

5 (10) self-driving vehicle producers, manufactur6 ers, and technology developers. 

7 (f) REPORT.—Not later than 1 year after the date on 

8 which the study under subsection (a) is initiated, the Ad9 ministrator shall submit a report on the results of the study 

10 to— 

11 (1) the Committee on Environment and Public 

12 Works of the Senate; and 

13 (2) the Committee on Transportation and Infra14 structure of the House of Representatives. 

15 TITLE II—TRANSPORTATION IN16 FRASTRUCTURE FINANCE 

17 AND INNOVATION 

18 SEC. 2001. TRANSPORTATION INFRASTRUCTURE FINANCE 

19 AND INNOVATION ACT OF 1998 AMENDMENTS. 

20 (a) DEFINITIONS.—Section 601(a) of title 23, United 

21 States Code, is amended— 

22 (1) by redesignating paragraphs (1) through (22) 

23 as paragraphs (2) through (23), respectively; 

24 (2) by inserting before paragraph (2) (as so re25 designated) the following: 


lotter on DSKBCFDHB2PROD with BILLS
905 

•S 2302 RS

1 ‘‘(1) ADMINISTRATIVELY ALLOCATED.—The term 

2 ‘administratively allocated’ means the allocation by 

3 the Secretary of budget authority for a project under 

4 the TIFIA program that occurs when— 

5 ‘‘(A) a potential applicant has been invited 

6 into the creditworthiness phase for a project 

7 under the TIFIA program; or 

8 ‘‘(B) the project is subject to a master credit 

9 agreement, in accordance with section 

10 602(b)(2).’’; 

11 (3) in subparagraph (E) of paragraph (11) (as 

12 so redesignated), by striking ‘‘3 years’’ and inserting 

13 ‘‘5 years’’; and 

14 (4) in paragraph (13) (as so redesignated)— 

15 (A) by striking subparagraph (E) and in16 serting the following: 

17 ‘‘(E) a project to improve or construct pub18 lic infrastructure— 

19 ‘‘(i) that— 

20 ‘‘(I) is located within walking dis21 tance of, and accessible to, a fixed 

22 guideway transit facility, passenger 

23 rail station, intercity bus station, or 

24 intermodal facility, including a trans25 portation, public utility, or capital 


lotter on DSKBCFDHB2PROD with BILLS
906 

•S 2302 RS

1 project described in section 

2 5302(3)(G)(v) of title 49, and related 

3 infrastructure; or 

4 ‘‘(II) is a project for economic de5 velopment, including commercial and 

6 residential development, and related 

7 infrastructure and activities— 

8 ‘‘(aa) that incorporates pri9 vate investment; 

10 ‘‘(bb) that is physically or 

11 functionally related to a passenger 

12 rail station or multimodal station 

13 that includes rail service; 

14 ‘‘(cc) for which the project 

15 sponsor has a high probability of 

16 commencing the contracting proc17 ess for construction by not later 

18 than 90 days after the date on 

19 which credit assistance under the 

20 TIFIA program is provided for 

21 the project; and 

22 ‘‘(dd) that has a high prob23 ability of reducing the need for fi24 nancial assistance under any 

25 other Federal program for the relVerDate Sep 11 2014 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00906 Fmt 6652 Sfmt 6203 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
907 

•S 2302 RS

1 evant passenger rail station or 

2 service by increasing ridership, 

3 tenant lease payments, or other 

4 activities that generate revenue 

5 exceeding costs; and 

6 ‘‘(ii) for which, by not later than Sep7 tember 30, 2025, the Secretary has— 

8 ‘‘(I) received a letter of interest; 

9 and 

10 ‘‘(II) determined that the project 

11 is eligible for assistance;’’; 

12 (B) in subparagraph (F), by striking the 

13 period at the end and inserting a semicolon; and 

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

15 ‘‘(G) an eligible airport-related project (as 

16 defined in section 40117(a) of title 49) for which, 

17 not later than September 30, 2024, the Secretary 

18 has— 

19 ‘‘(i) received a letter of interest; and 

20 ‘‘(ii) determined that the project is eli21 gible for assistance; and 

22 ‘‘(H) a project for the acquisition of plant 

23 and wildlife habitat pursuant to a conservation 

24 plan that— 


lotter on DSKBCFDHB2PROD with BILLS
908 

•S 2302 RS

1 ‘‘(i) has been approved by the Sec2 retary of the Interior pursuant to section 10 

3 of the Endangered Species Act of 1973 (16 

4 U.S.C. 1539); and 

5 ‘‘(ii) in the judgment of the Secretary, 

6 would mitigate the environmental impacts 

7 of transportation infrastructure projects 

8 otherwise eligible for assistance under this 

9 title.’’. 

10 (b) ELIGIBILITY.—Section 602(a) of title 23, United 

11 States Code, is amended— 

12 (1) in paragraph (2)— 

13 (A) in subparagraph (A)(iv)— 

14 (i) by striking ‘‘a rating’’ and insert15 ing ‘‘an investment-grade rating’’; and 

16 (ii) by striking ‘‘$75,000,000’’ and in17 serting ‘‘$150,000,000’’; and 

18 (B) in subparagraph (B)— 

19 (i) by striking ‘‘the senior debt’’ and 

20 inserting ‘‘senior debt’’; and 

21 (ii) by striking ‘‘credit instrument is 

22 for an amount less than $75,000,000’’ and 

23 inserting ‘‘total amount of other senior debt 

24 and the Federal credit instrument is less 

25 than $150,000,000’’; and 


lotter on DSKBCFDHB2PROD with BILLS
909 

•S 2302 RS

1 (2) in paragraph (5)(B)(ii), by striking ‘‘section 

2 601(a)(12)(E)’’ and inserting ‘‘section 

3 601(a)(13)(E)’’. 

4 (c) PROCESSING TIMELINES.—Section 602(d) of title 

5 23, United States Code, is amended— 

6 (1) by redesignating paragraphs (1) and (2) as 

7 paragraphs (2) and (3), respectively; 

8 (2) in paragraph (3) (as so redesignated), by 

9 striking ‘‘paragraph (1)’’ and inserting ‘‘paragraph 

10 (2)’’; and 

11 (3) by inserting before paragraph (2) (as so re12 designated) the following: 

13 ‘‘(1) PROCESSING TIMELINES.—Except in the 

14 case of an application described in subsection (a)(8) 

15 and to the maximum extent practicable, the Secretary 

16 shall provide an applicant with a specific estimate of 

17 the timeline for the approval or disapproval of the 

18 application of the applicant, which, to the maximum 

19 extent practicable, the Secretary shall endeavor to 

20 complete by not later than 150 days after the date on 

21 which the applicant submits a letter of interest to the 

22 Secretary.’’. 

23 (d) SECURED LOANS.—Section 603(c)(4)(A) of title 

24 23, United States Code, is amended— 


lotter on DSKBCFDHB2PROD with BILLS
910 

•S 2302 RS

1 (1) by striking ‘‘Any excess’’ and inserting the 

2 following: 

3 ‘‘(i) IN GENERAL.—Except as provided 

4 in clause (ii), any excess’’; and 

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

6 ‘‘(ii) CERTAIN APPLICANTS.—In the 

7 case of a secured loan or other secured Fed8 eral credit instrument provided after the 

9 date of enactment of the America’s Trans10 portation Infrastructure Act of 2019, if the 

11 obligor is a governmental entity, agency, or 

12 instrumentality, the obligor shall not be re13 quired to prepay the secured loan or other 

14 secured Federal credit instrument with any 

15 excess revenues described in clause (i) if the 

16 obligor enters into an agreement to use those 

17 excess revenues only for purposes authorized 

18 under this title or title 49.’’. 

19 (e) TECHNICAL AMENDMENT.—Section 602(e) of title 

20 23, United States Code, is amended by striking ‘‘section 

21 601(a)(1)(A)’’ and inserting ‘‘section 601(a)(3)(A)’’. 

22 (f) STREAMLINED APPLICATION PROCESS.—Section 

23 603(f) of title 23, United States Code, is amended by adding 

24 at the end the following: 


lotter on DSKBCFDHB2PROD with BILLS
911 

•S 2302 RS

1 ‘‘(3) ADDITIONAL TERMS FOR EXPEDITED DECI2 SIONS.— 

3 ‘‘(A) IN GENERAL.—Not later than 120 

4 days after the date of enactment of this para5 graph, the Secretary shall implement an expe6 dited decision timeline for public agency bor7 rowers seeking secured loans that meet— 

8 ‘‘(i) the terms under paragraph (2); 

9 and 

10 ‘‘(ii) the additional criteria described 

11 in subparagraph (B). 

12 ‘‘(B) ADDITIONAL CRITERIA.—The addi13 tional criteria referred to in subparagraph 

14 (A)(ii) are the following: 

15 ‘‘(i) The secured loan is made on terms 

16 and conditions that substantially conform 

17 to the conventional terms and conditions es18 tablished by the National Surface Transpor19 tation Innovative Finance Bureau. 

20 ‘‘(ii) The secured loan is rated in the 

21 A category or higher. 

22 ‘‘(iii) The TIFIA program share of eli23 gible project costs is 33 percent or less. 

24 ‘‘(iv) The applicant demonstrates a 

25 reasonable expectation that the contracting 


lotter on DSKBCFDHB2PROD with BILLS
912 

•S 2302 RS

1 process for the project can commence by not 

2 later than 90 days after the date on which 

3 a Federal credit instrument is obligated for 

4 the project under the TIFIA program. 

5 ‘‘(v) The project has received a categor6 ical exclusion, a finding of no significant 

7 impact, or a record of decision under the 

8 National Environmental Policy Act of 1969 

9 (42 U.S.C. 4321 et seq.). 

10 ‘‘(C) WRITTEN NOTICE.—The Secretary 

11 shall provide to an applicant seeking a secured 

12 loan under the expedited decision process under 

13 this paragraph a written notice informing the 

14 applicant whether the Secretary has approved or 

15 disapproved the application by not later than 

16 180 days after the date on which the Secretary 

17 submits to the applicant a letter indicating that 

18 the National Surface Transportation Innovative 

19 Finance Bureau has commenced the credit20 worthiness review of the project.’’. 

21 (g) FUNDING.— 

22 (1) IN GENERAL.—Section 608(a) of title 23, 

23 United States Code, is amended— 

24 (A) by redesignating paragraphs (4) and 

25 (5) as paragraphs (5) and (6), respectively; 


lotter on DSKBCFDHB2PROD with BILLS
913 

•S 2302 RS

1 (B) by inserting after paragraph (3) the fol2 lowing: 

3 ‘‘(4) LIMITATION FOR CERTAIN PROJECTS.— 

4 ‘‘(A) TRANSIT-ORIENTED DEVELOPMENT

5 PROJECTS.—For each fiscal year, the Secretary 

6 may use to carry out projects described in sec7 tion 601(a)(13)(E) not more than 15 percent of 

8 the amounts made available to carry out the 

9 TIFIA program for that fiscal year. 

10 ‘‘(B) AIRPORT-RELATED PROJECTS.—The 

11 Secretary may use to carry out projects described 

12 in section 601(a)(13)(G)— 

13 ‘‘(i) for each fiscal year, not more than 

14 15 percent of the amounts made available to 

15 carry out the TIFIA program under the 

16 America’s Transportation Infrastructure 

17 Act of 2019 for that fiscal year; and 

18 ‘‘(ii) for the period of fiscal years 2021 

19 through 2025, not more than 15 percent of 

20 the unobligated carryover balances (as of 

21 October 1, 2020) made available to carry 

22 out the TIFIA program, less the total 

23 amount administratively allocated by the 

24 Secretary as of that date.’’; and 


lotter on DSKBCFDHB2PROD with BILLS
914 

•S 2302 RS

1 (C) by striking paragraph (6) (as so redes2 ignated) and inserting the following: 

3 ‘‘(6) ADMINISTRATIVE COSTS.—Of the amounts 

4 made available to carry out the TIFIA program, the 

5 Secretary may use not more than $10,000,000 for 

6 each of fiscal years 2021 through 2025 for the admin7 istration of the TIFIA program.’’. 

8 (2) CONFORMING AMENDMENT.—Section 

9 605(f)(1) of title 23, United States Code, is amended 

10 by striking ‘‘section 608(a)(5)’’ and inserting ‘‘section 

11 608(a)(6)’’. 

12 (h) STATUS REPORTS.—Section 609 of title 23, United 

13 States Code, is amended by adding at the end the following: 

14 ‘‘(c) STATUS REPORTS.— 

15 ‘‘(1) IN GENERAL.—The Secretary shall publish 

16 on the website for the TIFIA program— 

17 ‘‘(A) on a monthly basis, a current status 

18 report on all submitted letters of interest and ap19 plications received for assistance under the 

20 TIFIA program; and 

21 ‘‘(B) on a quarterly basis, a current status 

22 report on all approved applications for assist23 ance under the TIFIA program. 

24 ‘‘(2) INCLUSIONS.—Each monthly and quarterly 

25 status report under paragraph (1) shall include, at a 


lotter on DSKBCFDHB2PROD with BILLS
915 

•S 2302 RS

1 minimum, with respect to each project included in the 

2 status report— 

3 ‘‘(A) the name of the party submitting the 

4 letter of interest or application; 

5 ‘‘(B) the name of the project; 

6 ‘‘(C) the date on which the letter of interest 

7 or application was received; 

8 ‘‘(D) the estimated project eligible costs; 

9 ‘‘(E) the type of credit assistance sought; 

10 and 

11 ‘‘(F) the anticipated fiscal year and quarter 

12 for closing of the credit assistance.’’. 

13 (i) STATE INFRASTRUCTURE BANK PROGRAM.—Sec14 tion 610 of title 23, United States Code, is amended— 

15 (1) in subsection (d)— 

16 (A) in paragraph (1)(A), by striking ‘‘fiscal 

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

18 years 2021 through 2025’’; 

19 (B) in paragraph (2), by striking ‘‘fiscal 

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

21 years 2021 through 2025’’; and 

22 (C) in paragraph (3), by striking ‘‘fiscal 

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

24 years 2021 through 2025’’; and 


lotter on DSKBCFDHB2PROD with BILLS
916 

•S 2302 RS

1 (2) in subsection (k), by striking ‘‘fiscal years 

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

3 through 2025’’. 

4 (j) REPORT.—Not later than September 30, 2024, the 

5 Secretary shall submit to the Committee on Environment 

6 and Public Works of the Senate and the Committee on 

7 Transportation and Infrastructure of the House of Rep8 resentatives a report on the impact of the amendment relat9 ing to airport-related projects under subsection (a)(4)(C) 

10 and subsection (g)(1)(B), including— 

11 (1) information on the use of TIFIA program (as 

12 defined in section 601(a) of title 23, United States 

13 Code) funds for eligible airport-related projects (as de14 fined in section 40117(a) of title 49, United States 

15 Code); and 

16 (2) recommendations for modifications to the 

17 TIFIA program. 

18 TITLE III—RESEARCH, 

19 TECHNOLOGY, AND EDUCATION 

20 SEC. 3001. SURFACE TRANSPORTATION SYSTEM FUNDING 

21 ALTERNATIVES. 

22 (a) IN GENERAL.—The Secretary shall establish a pro23 gram to test the feasibility of a road usage fee and other 

24 user-based alternative revenue mechanisms to maintain the 


lotter on DSKBCFDHB2PROD with BILLS
917 

•S 2302 RS

1 long-term solvency of the Highway Trust Fund, through 

2 pilot projects at the State, regional, and national level. 

3 (b) STATE GRANTS.— 

4 (1) IN GENERAL.—The Secretary shall provide 

5 grants to States and groups of States to carry out 

6 pilot projects under this subsection. 

7 (2) APPLICATIONS.—To be eligible for a grant 

8 under this subsection, a State or group of States shall 

9 submit to the Secretary an application at such time, 

10 in such manner, and containing such information as 

11 the Secretary may require. 

12 (3) OBJECTIVES.—The Secretary shall ensure 

13 that the activities carried out using funds provided 

14 under this subsection meet the following objectives: 

15 (A) To test the design, acceptance, equity, 

16 and implementation of user-based alternative 

17 revenue mechanisms, including among— 

18 (i) differing income groups; and 

19 (ii) rural and urban drivers. 

20 (B) To provide recommendations regarding 

21 adoption and implementation of user-based al22 ternative revenue mechanisms. 

23 (C) To quantify and minimize the adminis24 trative costs of any potential user-based alter25 native revenue mechanisms. 


lotter on DSKBCFDHB2PROD with BILLS
918 

•S 2302 RS

1 (D) To test a variety of solutions, including 

2 the use of third-party vendors, for the collection 

3 of data and road usage fees, including the reli4 ability and security of those solutions and ven5 dors. 

6 (E) To test solutions to ensure the privacy 

7 and security of data collected for the purpose of 

8 implementing a user-based alternative revenue 

9 mechanism. 

10 (F) To conduct public education and out11 reach to increase public awareness regarding the 

12 need for road usage fees or other user-based alter13 native revenue mechanisms for surface transpor14 tation programs. 

15 (G) To evaluate the ease of compliance and 

16 enforcement of a variety of implementation ap17 proaches for different users of the transportation 

18 system. 

19 (4) USE OF FUNDS.—A State or group of States 

20 that receives a grant under this subsection shall use 

21 the grant to carry out activities to address the objec22 tives described in paragraph (3). 

23 (5) CONSIDERATION.—The Secretary shall con24 sider geographic diversity in awarding grants under 

25 this subsection. 


lotter on DSKBCFDHB2PROD with BILLS
919 

•S 2302 RS

1 (6) FEDERAL SHARE.—The Federal share of the 

2 cost of an activity carried out under this subsection 

3 may not exceed 70 percent of the total cost of the ac4 tivity. 

5 (c) NATIONAL RESEARCH PROGRAM.— 

6 (1) IN GENERAL.—The Secretary shall carry out 

7 a research program to develop and test the feasibility 

8 of a nationwide alternative roadway funding mecha9 nism to expand Federal funding for highway im10 provements. 

11 (2) CONSULTATION.—In conducting the research 

12 program under this subsection, the Secretary shall co13 ordinate with— 

14 (A) appropriate State and Federal agencies; 

15 and 

16 (B) the Federal System Funding Alter17 native Advisory Board established under sub18 section (d). 

19 (3) PARTICIPANTS.—The research program under 

20 this subsection shall include voluntary participation 

21 by drivers or owners of commercial vehicles from a di22 versity of States and vehicle classes. 

23 (4) OBJECTIVES.—The Secretary shall ensure 

24 that the research program under this subsection is de25 signed to meet the following objectives: 


lotter on DSKBCFDHB2PROD with BILLS
920 

•S 2302 RS

1 (A) To evaluate the cost and feasibility of 

2 implementing a nationwide alternative roadway 

3 funding mechanism. 

4 (B) To evaluate options for deployment of a 

5 nationwide alternative roadway funding mecha6 nism, including options for— 

7 (i) collection and enforcement mecha8 nisms; 

9 (ii) protection of privacy and data se10 curity; and 

11 (iii) the structure for the implementa12 tion of a potential future nationwide pro13 gram. 

14 (C) To evaluate the impacts of the imposi15 tion of a nationwide alternative roadway fund16 ing mechanism on— 

17 (i) transportation revenues; 

18 (ii) personal mobility, driving pat19 terns, and transportation costs; and 

20 (iii) freight movement and costs. 

21 (D) To evaluate options for the integration 

22 of a nationwide alternative roadway funding 

23 mechanism with— 

24 (i) State-based transportation revenue 

25 collections and regulations; 


lotter on DSKBCFDHB2PROD with BILLS
921 

•S 2302 RS

1 (ii) toll revenue collection platforms; 

2 (iii) transportation network company 

3 fees; and 

4 (iv) any other relevant transportation 

5 revenue mechanisms. 

6 (5) SAVINGS PROVISION.— 

7 (A) IN GENERAL.—Except as provided in 

8 subparagraph (B), nothing in this subsection au9 thorizes the Secretary to impose a Federal road 

10 usage fee. 

11 (B) EXCLUSION.—As part of the research 

12 program under this subsection, the Secretary 

13 may test collection mechanisms for a nationwide 

14 alternative roadway funding mechanism, which 

15 may include the imposition on voluntary par16 ticipants of fees that are— 

17 (i)(I) for testing purposes only; and 

18 (II) refunded to the pilot participant 

19 in a timely manner; or 

20 (ii) commensurate, on net, with incen21 tives provided for participation in the re22 search program. 

23 (d) FEDERAL SYSTEM FUNDING ALTERNATIVE ADVI24 SORY BOARD.— 


lotter on DSKBCFDHB2PROD with BILLS
922 

•S 2302 RS

1 (1) IN GENERAL.—The Secretary shall establish 

2 an advisory board, to be known as the ‘‘Federal Sys3 tem Funding Alternative Advisory Board’’ (referred 

4 to in this subsection as the ‘‘advisory board’’), to as5 sist with— 

6 (A) advancing and implementing the na7 tional research program under subsection (c); 

8 and 

9 (B) developing the recommendations and re10 ports under subsection (f). 

11 (2) MEMBERS.—The advisory board shall, at a 

12 minimum, be composed of representatives of the fol13 lowing entities, to be appointed by the Secretary: 

14 (A) State departments of transportation. 

15 (B) Local transportation agencies located 

16 within a transportation management area (as 

17 identified or designated under section 134(k) of 

18 title 23, United States Code). 

19 (C) Any public or nonprofit entity that led 

20 a surface transportation system funding alter21 natives pilot project under section 6020 of the 

22 FAST Act (23 U.S.C. 503 note; Public Law 114– 

23 94) (as in effect on the day before the date of en24 actment of this Act). 

25 (D) Owners and operators of toll facilities. 


lotter on DSKBCFDHB2PROD with BILLS
923 

•S 2302 RS

1 (E) Fleet operators of light-duty and heavy2 duty vehicles. 

3 (e) LIMITATION ON REVENUE COLLECTED.—Any rev4 enue collected through a user-based alternative revenue 

5 mechanism established using funds provided under this sec6 tion shall not be considered a toll under section 301 of title 

7 23, United States Code. 

8 (f) RECOMMENDATIONS AND REPORT.—Not later than 

9 3 years after the date of enactment of this Act, the Sec10 retary, in coordination with the Secretary of the Treasury 

11 and the Federal System Funding Alternative Advisory 

12 Board established under subsection (d) shall submit to Con13 gress a report that— 

14 (1) summarizes the results of the State pilot 

15 projects under subsection (b) and the national re16 search program under subsection (c); and 

17 (2) provides recommendations, if applicable, to 

18 enable potential implementation of a nationwide al19 ternative roadway funding mechanism. 

20 (g) FUNDING.— 

21 (1) IN GENERAL.—Of the funds made available 

22 to carry out section 503(b) of title 23, United States 

23 Code, for each of fiscal years 2021 through 2025— 

24 (A) $15,000,000 shall be used for State pilot 

25 projects under subsection (b); and 


lotter on DSKBCFDHB2PROD with BILLS
924 

•S 2302 RS

1 (B) $10,000,000 shall be used for the na2 tional research program under subsection (c). 

3 (2) EXCESS FUNDS.— 

4 (A) EXCESS STATE PILOT PROJECT

5 FUNDS.—Any excess funds remaining after mak6 ing grants for State pilot projects under sub7 section (b) shall be available for the national re8 search program under subsection (c). 

9 (B) EXCESS NATIONAL RESEARCH PROGRAM

10 FUNDS.—Any excess funds remaining after car11 rying out the national research program under 

12 subsection (c) shall be available to make grants 

13 for State pilot projects under subsection (b). 

14 (h) REPEAL.— 

15 (1) IN GENERAL.—Section 6020 of the FAST Act 

16 (23 U.S.C. 503 note; Public Law 114–94) is repealed. 

17 (2) CLERICAL AMENDMENT.—The table of con18 tents in section 1(b) of the FAST Act (Public Law 

19 114–94; 129 Stat. 1312) is amended by striking the 

20 item relating to section 6020. 

21 SEC. 3002. PERFORMANCE MANAGEMENT DATA SUPPORT 

22 PROGRAM. 

23 Section 6028(c) of the FAST Act (23 U.S.C. 150 note; 

24 Public Law 114–94) is amended by striking ‘‘fiscal years 


lotter on DSKBCFDHB2PROD with BILLS
925 

•S 2302 RS

1 2016 through 2020’’ and inserting ‘‘fiscal years 2021 

2 through 2025’’. 

3 SEC. 3003. DATA INTEGRATION PILOT PROGRAM. 

4 (a) ESTABLISHMENT.—The Secretary shall establish a 

5 pilot program— 

6 (1) to provide research and develop models that 

7 integrate, in near-real-time, data from multiple 

8 sources, including geolocated— 

9 (A) weather conditions; 

10 (B) roadway conditions; 

11 (C) incidents, work zones, and other non12 recurring events related to emergency planning; 

13 and 

14 (D) information from emergency responders; 

15 and 

16 (2) to facilitate data integration between the De17 partment, the National Weather Service, and other 

18 sources of data that provide real-time data with re19 spect to roadway conditions during or as a result of 

20 severe weather events, including, at a minimum— 

21 (A) winter weather; 

22 (B) heavy rainfall; and 

23 (C) tropical weather events. 

24 (b) REQUIREMENTS.—In carrying out subsection 

25 (a)(1), the Secretary shall— 


lotter on DSKBCFDHB2PROD with BILLS
926 

•S 2302 RS

1 (1) address the safety, resiliency, and vulner2 ability of the transportation system to disasters; and 

3 (2) develop tools for decisionmakers and other 

4 end-users who could use or benefit from the integrated 

5 data described in that subsection to improve public 

6 safety and mobility. 

7 (c) TREATMENT.—Except as otherwise provided in this 

8 section, the Secretary shall carry out activities under the 

9 pilot program under this section as if— 

10 (1) those activities were authorized under chap11 ter 5 of title 23, United States Code; and 

12 (2) the funds made available to carry out the 

13 pilot program were made available under that chap14 ter. 

15 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

16 authorized to be appropriated to carry out this section 

17 $2,500,000 for each of fiscal years 2021 through 2025, to 

18 remain available until expended. 

19 SEC. 3004. EMERGING TECHNOLOGY RESEARCH PILOT PRO20 GRAM. 

21 (a) ESTABLISHMENT.—The Secretary shall establish a 

22 pilot program to conduct emerging technology research in 

23 accordance with this section. 

24 (b) ACTIVITIES.—The pilot program under this section 

25 shall include— 


lotter on DSKBCFDHB2PROD with BILLS
927 

•S 2302 RS

1 (1) research and development activities relating 

2 to leveraging advanced and additive manufacturing 

3 technologies to increase the structural integrity and 

4 cost-effectiveness of surface transportation infrastruc5 ture; and 

6 (2) research and development activities (includ7 ing laboratory and test track supported accelerated 

8 pavement testing research regarding the impacts of 

9 connected, autonomous, and platooned vehicles on 

10 pavement and infrastructure performance)— 

11 (A) to reduce the impact of automated and 

12 connected driving systems and advanced driver13 assistance systems on pavement and infrastruc14 ture performance; and 

15 (B) to improve transportation infrastruc16 ture design in anticipation of increased usage of 

17 automated driving systems and advanced driver18 assistance systems. 

19 (c) TREATMENT.—Except as otherwise provided in this 

20 section, the Secretary shall carry out activities under the 

21 pilot program under this section as if— 

22 (1) those activities were authorized under chap23 ter 5 of title 23, United States Code; and 


lotter on DSKBCFDHB2PROD with BILLS
928 

•S 2302 RS

1 (2) the funds made available to carry out the 

2 pilot program were made available under that chap3 ter. 

4 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

5 authorized to be appropriated to carry out this section 

6 $5,000,000 for each of fiscal years 2021 through 2025, to 

7 remain available until expended. 

8 SEC. 3005. RESEARCH AND TECHNOLOGY DEVELOPMENT 

9 AND DEPLOYMENT. 

10 (a) IN GENERAL.—Section 503 of title 23, United 

11 States Code, is amended— 

12 (1) in subsection (a)(2), by striking ‘‘section 

13 508’’ and inserting ‘‘section 6503 of title 49’’; 

14 (2) in subsection (b)— 

15 (A) in paragraph (1)— 

16 (i) in subparagraph (C), by striking 

17 ‘‘and’’ at the end; 

18 (ii) in subparagraph (D), by striking 

19 the period at the end and inserting a semi20 colon; and 

21 (iii) by adding at the end the fol22 lowing: 

23 ‘‘(E) engage with public and private enti24 ties to spur advancement of emerging transVerDate Sep 11 2014 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00928 Fmt 6652 Sfmt 6203 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
929 

•S 2302 RS

1 formative innovations through accelerated mar2 ket readiness; and 

3 ‘‘(F) consult frequently with public and pri4 vate entities on new transportation tech5 nologies.’’; 

6 (B) in paragraph (2)(C)— 

7 (i) by redesignating clauses (x) through 

8 (xv) as clauses (xi) through (xvi), respec9 tively; and 

10 (ii) by inserting after clause (ix) the 

11 following: 

12 ‘‘(x) safety measures to reduce the 

13 number of wildlife-vehicle collisions;’’; 

14 (C) in paragraph (3)— 

15 (i) in subparagraph (B)(viii), by in16 serting ‘‘weather’’ after ‘‘extreme’’; and 

17 (ii) in subparagraph (C)— 

18 (I) in clause (xv), by inserting 

19 ‘‘extreme weather events and’’ after 

20 ‘‘withstand’’; 

21 (II) in clause (xviii), by striking 

22 ‘‘and’’ at the end; 

23 (III) in clause (xix), by striking 

24 the period at the end and inserting ‘‘; 

25 and’’; and 


lotter on DSKBCFDHB2PROD with BILLS
930 

•S 2302 RS

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

3 ‘‘(xx) studies on the deployment and 

4 revenue potential of the deployment of en5 ergy and broadband infrastructure in high6 way rights-of-way, including potential ad7 verse impacts of the use or nonuse of those 

8 rights-of-way.’’; 

9 (D) in paragraph (6)— 

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

11 ‘‘and’’ at the end; 

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

13 the period at the end and inserting ‘‘; and’’; 

14 and 

15 (iii) by adding at the end the fol16 lowing: 

17 ‘‘(C) to support research on non-market18 ready technologies in consultation with public 

19 and private entities.’’; 

20 (E) in paragraph (7)(B)— 

21 (i) in the matter preceding clause (i), 

22 by inserting ‘‘innovations by leading’’ after 

23 ‘‘support’’; 

24 (ii) in clause (iii), by striking ‘‘and’’ 

25 at the end; 


lotter on DSKBCFDHB2PROD with BILLS
931 

•S 2302 RS

1 (iii) in clause (iv), by striking the pe2 riod at the end and inserting ‘‘; and’’; and 

3 (iv) by adding at the end the following: 

4 ‘‘(v) the evaluation of information 

5 from accelerated market readiness efforts, 

6 including non-market-ready technologies, in 

7 consultation with other offices of the Federal 

8 Highway Administration and key part9 ners.’’; 

10 (F) in paragraph (8)(A), by striking ‘‘fu11 ture highway’’ and all that follows through 

12 ‘‘needs.’’ and inserting the following: ‘‘current 

13 conditions and future needs of highways, bridges, 

14 and tunnels of the United States, including— 

15 ‘‘(i) the conditions and performance of 

16 the highway network for freight movement; 

17 ‘‘(ii) intelligent transportation systems; 

18 ‘‘(iii) resilience needs; and 

19 ‘‘(iv) the backlog of current highway, 

20 bridge, and tunnel needs.’’; and 

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

22 ‘‘(9) ANALYSIS TOOLS.—The Secretary may de23 velop interactive modeling tools and databases that— 


lotter on DSKBCFDHB2PROD with BILLS
932 

•S 2302 RS

1 ‘‘(A) track the full condition of highway as2 sets, including interchanges, and the reconstruc3 tion history of those assets; 

4 ‘‘(B) can be used to assess transportation 

5 options; 

6 ‘‘(C) allow for the monitoring and modeling 

7 of network-level traffic flows on highways; and 

8 ‘‘(D) further Federal and State under9 standing of the importance of national and re10 gional connectivity and the need for long-dis11 tance and interregional passenger and freight 

12 travel by highway and other surface transpor13 tation modes.’’; and 

14 (3) in subsection (c)— 

15 (A) in paragraph (1)— 

16 (i) in the matter preceding subpara17 graph (A), by inserting ‘‘use of rights-of18 way permissible under applicable law,’’ 

19 after ‘‘structures,’’; 

20 (ii) in subparagraph (D), by striking 

21 ‘‘and’’ at the end; 

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

23 the period at the end and inserting ‘‘; and’’; 

24 and 

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


lotter on DSKBCFDHB2PROD with BILLS
933 

•S 2302 RS

1 ‘‘(F) disseminating and evaluating infor2 mation from accelerated market readiness efforts, 

3 including non-market-ready technologies, to pub4 lic and private entities.’’; 

5 (B) in paragraph (2)— 

6 (i) in subparagraph (B)(iii), by strik7 ing ‘‘improved tools and methods to accel8 erate the adoption’’ and inserting ‘‘and de9 ploy improved tools and methods to accel10 erate the adoption of early-stage and proven 

11 innovative practices and technologies and, 

12 as the Secretary determines to be appro13 priate, support continued implementation’’; 

14 and 

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

16 ‘‘(D) REPORT.—Not later than 2 years after 

17 the date of enactment of this subparagraph and 

18 every 2 years thereafter, the Secretary shall sub19 mit to the Committee on Environment and Pub20 lic Works of the Senate and the Committee on 

21 Transportation and Infrastructure of the House 

22 of Representatives and make publicly available 

23 on an internet website a report that describes— 


lotter on DSKBCFDHB2PROD with BILLS
934 

•S 2302 RS

1 ‘‘(i) the activities the Secretary has un2 dertaken to carry out the program estab3 lished under paragraph (1); and 

4 ‘‘(ii) how and to what extent the Sec5 retary has worked to disseminate non-mar6 ket-ready technologies to public and private 

7 entities.’’; 

8 (C) in paragraph (3)— 

9 (i) by redesignating subparagraphs (C) 

10 and (D) as subparagraphs (D) and (E), re11 spectively; 

12 (ii) by inserting after subparagraph 

13 (B) the following: 

14 ‘‘(C) HIGH-FRICTION SURFACE TREATMENT

15 APPLICATION STUDY.— 

16 ‘‘(i) DEFINITION OF INSTITUTION.—In 

17 this subparagraph, the term ‘institution’ 

18 means a private sector entity, public agen19 cy, research university or other research in20 stitution, or organization representing 

21 transportation and technology leaders or 

22 other transportation stakeholders that, as 

23 determined by the Secretary, is capable of 

24 working with State highway agencies, the 

25 Federal Highway Administration, and the 


lotter on DSKBCFDHB2PROD with BILLS
935 

•S 2302 RS

1 highway construction industry to develop 

2 and evaluate new products, design tech3 nologies, and construction methods that 

4 quickly lead to pavement improvements. 

5 ‘‘(ii) STUDY.—The Secretary shall seek 

6 to enter into an agreement with an institu7 tion to carry out a study on the use of nat8 ural and synthetic calcined bauxite as a 

9 high-friction surface treatment application 

10 on pavement. 

11 ‘‘(iii) REPORT.—Not later than 18 

12 months after the date of enactment of the 

13 America’s Transportation Infrastructure 

14 Act of 2019, the Secretary shall submit a re15 port on the results of the study under clause 

16 (ii) to— 

17 ‘‘(I) the Committee on Environ18 ment and Public Works of the Senate; 

19 ‘‘(II) the Committee on Transpor20 tation and Infrastructure of the House 

21 of Representatives; 

22 ‘‘(III) the Federal Highway Ad23 ministration; and 


lotter on DSKBCFDHB2PROD with BILLS
936 

•S 2302 RS

1 ‘‘(IV) the American Association of 

2 State Highway and Transportation 

3 Officials.’’; 

4 (iii) in subparagraph (D) (as so redes5 ignated), by striking ‘‘fiscal years 2016 

6 through 2020’’ and inserting ‘‘fiscal years 

7 2021 through 2025’’; and 

8 (iv) in subparagraph (E) (as so redes9 ignated)— 

10 (I) in clause (i), by striking ‘‘an11 nually’’ and inserting ‘‘once every 3 

12 years’’; and 

13 (II) in clause (ii)— 

14 (aa) in subclause (III), by 

15 striking ‘‘and’’ at the end; 

16 (bb) in subclause (IV), by 

17 striking the period at the end and 

18 inserting a semicolon; and 

19 (cc) by adding at the end the 

20 following: 

21 ‘‘(V) pavement monitoring and 

22 data collection practices; 

23 ‘‘(VI) pavement durability and re24 silience; 

25 ‘‘(VII) stormwater management; 


lotter on DSKBCFDHB2PROD with BILLS
937 

•S 2302 RS

1 ‘‘(VIII) impacts on vehicle effi2 ciency; 

3 ‘‘(IX) the energy efficiency of the 

4 production of paving materials and the 

5 ability of paving materials to enhance 

6 the environment and promote sustain7 ability; and 

8 ‘‘(X) integration of renewable en9 ergy in pavement designs.’’; and 

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

11 ‘‘(5) ACCELERATED IMPLEMENTATION AND DE12 PLOYMENT OF ADVANCED DIGITAL CONSTRUCTION

13 MANAGEMENT SYSTEMS.— 

14 ‘‘(A) IN GENERAL.—The Secretary shall es15 tablish and implement a program under the 

16 technology and innovation deployment program 

17 established under paragraph (1) to promote, im18 plement, deploy, demonstrate, showcase, support, 

19 and document the application of advanced dig20 ital construction management systems, practices, 

21 performance, and benefits. 

22 ‘‘(B) GOALS.—The goals of the accelerated 

23 implementation and deployment of advanced 

24 digital construction management systems proVerDate Sep 11 2014 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00937 Fmt 6652 Sfmt 6203 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
938 

•S 2302 RS

1 gram established under subparagraph (A) shall 

2 include— 

3 ‘‘(i) accelerated State adoption of ad4 vanced digital construction management 

5 systems applied throughout the construction 

6 lifecycle (including through the design and 

7 engineering, construction, and operations 

8 phases) that— 

9 ‘‘(I) maximize interoperability 

10 with other systems, products, tools, or 

11 applications; 

12 ‘‘(II) boost productivity; 

13 ‘‘(III) manage complexity; 

14 ‘‘(IV) reduce project delays and 

15 cost overruns; and 

16 ‘‘(V) enhance safety and quality; 

17 ‘‘(ii) more timely and productive infor18 mation-sharing among stakeholders through 

19 reduced reliance on paper to manage con20 struction processes and deliverables such as 

21 blueprints, design drawings, procurement 

22 and supply-chain orders, equipment logs, 

23 daily progress reports, and punch lists; 

24 ‘‘(iii) deployment of digital manage25 ment systems that enable and leverage the 


lotter on DSKBCFDHB2PROD with BILLS
939 

•S 2302 RS

1 use of digital technologies on construction 

2 sites by contractors, such as state-of-the-art 

3 automated and connected machinery and 

4 optimized routing software that allows con5 struction workers to perform tasks faster, 

6 safer, more accurately, and with minimal 

7 supervision; 

8 ‘‘(iv) the development and deployment 

9 of best practices for use in digital construc10 tion management; 

11 ‘‘(v) increased technology adoption and 

12 deployment by States and units of local 

13 government that enables project sponsors— 

14 ‘‘(I) to integrate the adoption of 

15 digital management systems and tech16 nologies in contracts; and 

17 ‘‘(II) to weigh the cost of 

18 digitization and technology in setting 

19 project budgets; 

20 ‘‘(vi) technology training and work21 force development to build the capabilities of 

22 project managers and sponsors that enables 

23 States and units of local government— 


lotter on DSKBCFDHB2PROD with BILLS
940 

•S 2302 RS

1 ‘‘(I) to better manage projects 

2 using advanced construction manage3 ment technologies; and 

4 ‘‘(II) to properly measure and re5 ward technology adoption across 

6 projects of the State or unit of local 

7 government; 

8 ‘‘(vii) development of guidance to assist 

9 States in updating regulations of the State 

10 to allow project sponsors and contractors— 

11 ‘‘(I) to report data relating to the 

12 project in digital formats; and 

13 ‘‘(II) to fully capture the effi14 ciencies and benefits of advanced dig15 ital construction management systems 

16 and related technologies; 

17 ‘‘(viii) reduction in the environmental 

18 footprint of construction projects using ad19 vanced digital construction management 

20 systems resulting from elimination of con21 gestion through more efficient projects; and 

22 ‘‘(ix) enhanced worker and pedestrian 

23 safety resulting from increased trans24 parency. 


lotter on DSKBCFDHB2PROD with BILLS
941 

•S 2302 RS

1 ‘‘(C) FUNDING.—For each of fiscal years 

2 2021 through 2025, the Secretary shall obligate 

3 from funds made available to carry out this sub4 section $20,000,000 to accelerate the deployment 

5 and implementation of advanced digital con6 struction management systems. 

7 ‘‘(D) PUBLICATION.— 

8 ‘‘(i) IN GENERAL.—Not less frequently 

9 than annually, the Secretary shall issue and 

10 make available to the public on a website a 

11 report on— 

12 ‘‘(I) progress made in the imple13 mentation of advanced digital manage14 ment systems by States; and 

15 ‘‘(II) the costs and benefits of the 

16 deployment of new technology and in17 novations that substantially and di18 rectly resulted from the program estab19 lished under this paragraph. 

20 ‘‘(ii) INCLUSIONS.—The report under 

21 clause (i) may include an analysis of— 

22 ‘‘(I) Federal, State, and local cost 

23 savings; 

24 ‘‘(II) project delivery time im25 provements; 


lotter on DSKBCFDHB2PROD with BILLS
942 

•S 2302 RS

1 ‘‘(III) congestion impacts; and 

2 ‘‘(IV) safety improvements for 

3 roadway users and construction work4 ers.’’. 

5 (b) ADVANCED TRANSPORTATION TECHNOLOGIES AND

6 INNOVATIVE MOBILITY DEPLOYMENT.—Section 503(c)(4) of 

7 title 23, United States Code, is amended— 

8 (1) in the heading, by inserting ‘‘AND INNOVA9 TIVE MOBILITY’’ before ‘‘DEPLOYMENT’’; 

10 (2) by striking subparagraph (A) and inserting 

11 the following: 

12 ‘‘(A) IN GENERAL.—The Secretary shall 

13 provide grants to eligible entities to deploy, in14 stall, and operate advanced transportation tech15 nologies to improve safety, mobility, efficiency, 

16 system performance, intermodal connectivity, 

17 and infrastructure return on investment.’’; 

18 (3) in subparagraph (B)— 

19 (A) in clause (i), by striking ‘‘the enhanced 

20 use’’ and inserting ‘‘optimization’’; 

21 (B) in clause (v)— 

22 (i) by striking ‘‘transit,’’ and inserting 

23 ‘‘work zone, weather, transit, paratransit,’’; 

24 and 


lotter on DSKBCFDHB2PROD with BILLS
943 

•S 2302 RS

1 (ii) by striking ‘‘and accessible trans2 portation’’ and inserting ‘‘, accessible, and 

3 integrated transportation and transpor4 tation services’’; 

5 (C) by redesignating clauses (vi) through 

6 (viii) as clauses (vii), (viii), and (x), respec7 tively; 

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

10 ‘‘(vi) facilitate account-based payments 

11 for transportation access and services and 

12 integrate payment systems across modes;’’; 

13 (E) in clause (viii) (as so redesignated), by 

14 striking ‘‘or’’ at the end; and 

15 (F) by inserting after clause (viii) (as so re16 designated) the following: 

17 ‘‘(ix) incentivize travelers— 

18 ‘‘(I) to share trips during periods 

19 in which travel demand exceeds system 

20 capacity; or 

21 ‘‘(II) to shift trips to periods in 

22 which travel demand does not exceed 

23 system capacity; or’’; 

24 (4) in subparagraph (C)— 


lotter on DSKBCFDHB2PROD with BILLS
944 

•S 2302 RS

1 (A) in clause (i), by striking ‘‘Not later’’ 

2 and all that follows through ‘‘thereafter’’ and in3 serting ‘‘Each fiscal year for which funding is 

4 made available for activities under this para5 graph’’; and 

6 (B) in clause (ii)— 

7 (i) in subclause (I), by inserting ‘‘mo8 bility,’’ after ‘‘safety,’’; and 

9 (ii) in subclause (II)— 

10 (I) in item (bb), by striking 

11 ‘‘and’’ at the end; 

12 (II) in item (cc), by striking the 

13 period at the end and inserting ‘‘; 

14 and’’; and 

15 (III) by adding at the end the fol16 lowing: 

17 ‘‘(dd) facilitating payment 

18 for transportation services.’’; 

19 (5) in subparagraph (D)— 

20 (A) in clause (i), by striking ‘‘Not later’’ 

21 and all that follows through ‘‘thereafter’’ and in22 serting ‘‘Each fiscal year for which funding is 

23 made available for activities under this para24 graph’’; and 

25 (B) in clause (ii)— 


lotter on DSKBCFDHB2PROD with BILLS
945 

•S 2302 RS

1 (i) by striking ‘‘In awarding’’ and in2 serting the following: 

3 ‘‘(I) IN GENERAL.—Subject to 

4 subclause (II), in awarding’’; and 

5 (ii) by adding at the end the following: 

6 ‘‘(II) RURAL SET-ASIDE.—Not less 

7 than 20 percent of the amounts made 

8 available to carry out this paragraph 

9 shall be reserved for projects serving 

10 rural areas.’’; 

11 (6) in subparagraph (E)— 

12 (A) by redesignating clauses (iii) through 

13 (ix) as clauses (iv), (v), (vi), (vii), (viii), (xi), 

14 and (xiv), respectively; 

15 (B) by inserting after clause (ii) the fol16 lowing: 

17 ‘‘(iii) advanced transportation tech18 nologies to improve emergency evacuation 

19 and response by Federal, State, and local 

20 authorities;’’; 

21 (C) by inserting after clause (viii) (as so re22 designated) the following: 

23 ‘‘(ix) integrated corridor management 

24 systems; 


lotter on DSKBCFDHB2PROD with BILLS
946 

•S 2302 RS

1 ‘‘(x) advanced parking reservation or 

2 variable pricing systems;’’; 

3 (D) in clause (xi) (as so redesignated)— 

4 (i) by inserting ‘‘, toll collection,’’ after 

5 ‘‘pricing’’; and 

6 (ii) by striking ‘‘or’’ at the end; 

7 (E) by inserting after clause (xi) (as so re8 designated) the following: 

9 ‘‘(xii) technology that enhances high 

10 occupancy vehicle toll lanes, cordon pricing, 

11 or congestion pricing; 

12 ‘‘(xiii) integration of transportation 

13 service payment systems; or’’; and 

14 (F) in clause (xiv) (as so redesignated)— 

15 (i) by striking ‘‘and access’’ and in16 serting ‘‘, access, and on-demand transpor17 tation service’’; and 

18 (ii) by inserting ‘‘and other shared-use 

19 mobility applications’’ after ‘‘ridesharing’’; 

20 (7) in subparagraph (F)(ii)(IV), by striking ‘‘ef21 ficiency and multimodal system performance’’ and 

22 inserting ‘‘mobility, efficiency, multimodal system 

23 performance, and payment system performance’’; 

24 (8) in subparagraph (G)— 


lotter on DSKBCFDHB2PROD with BILLS
947 

•S 2302 RS

1 (A) by redesignating clauses (vi) through 

2 (viii) as clauses (vii) through (ix), respectively; 

3 and 

4 (B) by inserting after clause (v) the fol5 lowing: 

6 ‘‘(vi) improved integration of payment 

7 systems;’’; 

8 (9) in subparagraph (I)(i), by striking ‘‘fiscal 

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

10 2021 through 2025’’; and 

11 (10) in subparagraph (N)— 

12 (A) in clause (i), by striking ‘‘representing 

13 a population of over 200,000’’; and 

14 (B) in clause (iii), in the matter preceding 

15 subclause (I), by striking ‘‘a any’’ and inserting 

16 ‘‘any’’. 

17 (c) CENTER OF EXCELLENCE ON NEW MOBILITY AND

18 AUTOMATED VEHICLES.—Section 503(c) of title 23, United 

19 States Code (as amended by subsection (a)(3)(D)), is 

20 amended by adding at the end the following: 

21 ‘‘(6) CENTER OF EXCELLENCE.— 

22 ‘‘(A) DEFINITIONS.—In this paragraph: 

23 ‘‘(i) AUTOMATED VEHICLE.—The term 

24 ‘automated vehicle’ means a motor vehicle 

25 that— 


lotter on DSKBCFDHB2PROD with BILLS
948 

•S 2302 RS

1 ‘‘(I) has a taxable gross weight (as 

2 defined in section 41.4482(b)–1 of title 

3 26, Code of Federal Regulations (or 

4 successor regulations)) of 10,000 

5 pounds or less; and 

6 ‘‘(II) is capable of performing the 

7 entire task of driving (including steer8 ing, accelerating and decelerating, and 

9 reacting to external stimulus) without 

10 human intervention. 

11 ‘‘(ii) NEW MOBILITY.—The term ‘new 

12 mobility’ includes shared services such as— 

13 ‘‘(I) docked and dockless bicycles; 

14 ‘‘(II) docked and dockless electric 

15 scooters; and 

16 ‘‘(III) transportation network 

17 companies. 

18 ‘‘(B) ESTABLISHMENT.—Not later than 1 

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

20 Transportation Infrastructure Act of 2019, the 

21 Secretary shall establish a Center of Excellence 

22 to collect, conduct, and fund research on the im23 pacts of new mobility and automated vehicles on 

24 land use, urban design, transportation, real es25 tate, equity, and municipal budgets. 


lotter on DSKBCFDHB2PROD with BILLS
949 

•S 2302 RS

1 ‘‘(C) PARTNERSHIPS.—In establishing the 

2 Center of Excellence under subparagraph (B), 

3 the Secretary shall enter into appropriate part4 nerships with any institution of higher education 

5 (as defined in section 101 of the Higher Edu6 cation Act of 1965 (20 U.S.C. 1001)) or public 

7 or private research entity.’’. 

8 (d) ACCELERATED IMPLEMENTATION AND DEPLOY9 MENT OF ADVANCED DIGITAL CONSTRUCTION MANAGE10 MENT SYSTEMS.—Not later than 1 year after the date of 

11 enactment of this Act, the Secretary shall submit to the 

12 Committee on Environment and Public Works of the Senate 

13 and the Committee on Transportation and Infrastructure 

14 of the House of Representatives a report that includes— 

15 (1) a description of— 

16 (A) the current status of the use of advanced 

17 digital construction management systems in each 

18 State; and 

19 (B) the progress of each State toward accel20 erating the adoption of advanced digital con21 struction management systems; and 

22 (2) an analysis of the savings in project delivery 

23 time and project costs that can be achieved through 

24 the use of advanced digital construction management 

25 systems. 


lotter on DSKBCFDHB2PROD with BILLS
950 

•S 2302 RS

1 (e) OPEN CHALLENGE AND RESEARCH INITIATIVE

2 PILOT PROGRAM.— 

3 (1) IN GENERAL.—The Secretary shall establish 

4 an open challenge and research proposal pilot pro5 gram under which eligible entities may propose open 

6 highway challenges and research proposals that are 

7 linked to identified or potential research needs. 

8 (2) REQUIREMENTS.—A research proposal sub9 mitted to the Secretary by an eligible entity shall ad10 dress— 

11 (A) a research need identified by the Sec12 retary or the Administrator of the Federal High13 way Administration; or 

14 (B) an issue or challenge that the Secretary 

15 determines to be important. 

16 (3) ELIGIBLE ENTITIES.—An entity eligible to 

17 submit a research proposal under the pilot program 

18 under paragraph (1) is— 

19 (A) a State; 

20 (B) a unit of local government; 

21 (C) a university transportation center 

22 under section 5505 of title 49, United States 

23 Code; 

24 (D) a private nonprofit organization; 


lotter on DSKBCFDHB2PROD with BILLS
951 

•S 2302 RS

1 (E) a private sector organization working 

2 in collaboration with an entity described in sub3 paragraphs (A) through (D); and 

4 (F) any other individual or entity that the 

5 Secretary determines to be appropriate. 

6 (4) PROJECT REVIEW.—The Secretary shall— 

7 (A) review each research proposal submitted 

8 under the pilot program under paragraph (1); 

9 and 

10 (B) provide to the eligible entity a written 

11 notice that— 

12 (i) if the research proposal is not se13 lected— 

14 (I) notifies the eligible entity that 

15 the research proposal has not been se16 lected for funding; 

17 (II) provides an explanation as to 

18 why the research proposal was not se19 lected, including if the research pro20 posal does not cover an area of need; 

21 and 

22 (III) if applicable, recommend 

23 that the research proposal be submitted 

24 to another research program and pro25 vide guidance and direction to the eliVerDate Sep 11 2014 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00951 Fmt 6652 Sfmt 6203 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
952 

•S 2302 RS

1 gible entity and the proposed research 

2 program office; and 

3 (ii) if the research proposal is selected, 

4 notifies the eligible entity that the research 

5 proposal has been selected for funding. 

6 (5) FEDERAL SHARE.— 

7 (A) IN GENERAL.—The Federal share of the 

8 cost of an activity carried out under this sub9 section shall not exceed 80 percent. 

10 (B) NON-FEDERAL SHARE.—All costs di11 rectly incurred by the non-Federal partners, in12 cluding personnel, travel, facility, and hardware 

13 development costs, shall be credited toward the 

14 non-Federal share of the cost of an activity car15 ried out under this subsection. 

16 (f) CONFORMING AMENDMENT.—Section 167 of title 

17 23, United States Code, is amended— 

18 (1) by striking subsection (h); and 

19 (2) by redesignating subsections (i) through (l) 

20 as subsections (h) through (k), respectively. 

21 SEC. 3006. WORKFORCE DEVELOPMENT, TRAINING, AND 

22 EDUCATION. 

23 (a) SURFACE TRANSPORTATION WORKFORCE DEVEL24 OPMENT, TRAINING, AND EDUCATION.—Section 504(e) of 

25 title 23, United States Code, is amended— 


lotter on DSKBCFDHB2PROD with BILLS
953 

•S 2302 RS

1 (1) in paragraph (1)— 

2 (A) by redesignating subparagraphs (D) 

3 through (G) as subparagraphs (E), (F), (H), and 

4 (I), respectively; 

5 (B) by inserting after subparagraph (C) the 

6 following: 

7 ‘‘(D) pre-apprenticeships, apprenticeships, 

8 and career opportunities for on-the-job train9 ing;’’; 

10 (C) in subparagraph (E) (as so redesig11 nated), by striking ‘‘or community college’’ and 

12 inserting ‘‘, college, community college, or voca13 tional school’’; and 

14 (D) by inserting after subparagraph (F) (as 

15 so redesignated) the following: 

16 ‘‘(G) activities associated with workforce 

17 training and employment services, such as tar18 geted outreach and partnerships with industry, 

19 economic development organizations, workforce 

20 development boards, and labor organizations;’’; 

21 (2) in paragraph (2), by striking ‘‘paragraph 

22 (1)(G)’’ and inserting ‘‘paragraph (1)(I)’’; and 

23 (3) in paragraph (3)— 

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

25 inserting a semicolon; 


lotter on DSKBCFDHB2PROD with BILLS
954 

•S 2302 RS

1 (B) by striking ‘‘including activities’’ and 

2 inserting the following: ‘‘including— 

3 ‘‘(A) activities’’; and 

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

5 ‘‘(B) activities that address current work6 force gaps, such as work on construction projects, 

7 of State and local transportation agencies; 

8 ‘‘(C) activities to develop a robust surface 

9 transportation workforce with new skills result10 ing from emerging transportation technologies; 

11 and 

12 ‘‘(D) activities to attract new sources of job13 creating investment.’’. 

14 (b) TRANSPORTATION EDUCATION AND TRAINING DE15 VELOPMENT AND DEPLOYMENT PROGRAM.—Section 504(f) 

16 of title 23, United States Code, is amended— 

17 (1) in the subsection heading, by striking ‘‘DE18 VELOPMENT’’ and inserting ‘‘AND TRAINING DEVEL19 OPMENT AND DEPLOYMENT’’; 

20 (2) by striking paragraph (1) and inserting the 

21 following: 

22 ‘‘(1) ESTABLISHMENT.—The Secretary shall es23 tablish a program to make grants to educational in24 stitutions or State departments of transportation, in 


lotter on DSKBCFDHB2PROD with BILLS
955 

•S 2302 RS

1 partnership with industry and relevant Federal de2 partments and agencies— 

3 ‘‘(A) to develop, test, and review new cur4 ricula and education programs to train individ5 uals at all levels of the transportation workforce; 

6 or 

7 ‘‘(B) to implement the new curricula and 

8 education programs to provide for hands-on ca9 reer opportunities to meet current and future 

10 needs.’’; 

11 (3) in paragraph (2)— 

12 (A) in the matter preceding subparagraph 

13 (A), by striking ‘‘shall’’ and inserting ‘‘may’’; 

14 (B) in subparagraph (A), by inserting ‘‘cur15 rent or future’’ after ‘‘specific’’; and 

16 (C) in subparagraph (E)— 

17 (i) by striking ‘‘in nontraditional de18 partments’’; 

19 (ii) by inserting ‘‘construction,’’ after 

20 ‘‘such as’’; and 

21 (iii) by inserting ‘‘or emerging’’ after 

22 ‘‘industrial’’; 

23 (4) by redesignating paragraph (3) as para24 graph (4); and 


lotter on DSKBCFDHB2PROD with BILLS
956 

•S 2302 RS

1 (5) by inserting after paragraph (2) the fol2 lowing: 

3 ‘‘(3) REPORTING.—The Secretary shall establish 

4 minimum reporting requirements for grant recipients 

5 under this subsection, which may include, with re6 spect to a program carried out with a grant under 

7 this subsection— 

8 ‘‘(A) the percentage or number of program 

9 participants that are employed during the sec10 ond quarter after exiting the program; 

11 ‘‘(B) the percentage or number of program 

12 participants that are employed during the fourth 

13 quarter after exiting the program; 

14 ‘‘(C) the median earnings of program par15 ticipants that are employed during the second 

16 quarter after exiting the program; 

17 ‘‘(D) the percentage or number of program 

18 participants that obtain a recognized postsec19 ondary credential or a secondary school diploma 

20 (or a recognized equivalent) during participation 

21 in the program or by not later than 1 year after 

22 exiting the program; and 

23 ‘‘(E) the percentage or number of program 

24 participants that, during a program year— 


lotter on DSKBCFDHB2PROD with BILLS
957 

•S 2302 RS

1 ‘‘(i) are in an education or training 

2 program that leads to a recognized postsec3 ondary credential or employment; and 

4 ‘‘(ii) are achieving measurable skill 

5 gains toward such a credential or employ6 ment.’’. 

7 (c) USE OF FUNDS.—Section 504 of title 23, United 

8 States Code, is amended by adding at the end the following: 

9 ‘‘(i) USE OF FUNDS.—The Secretary may use funds 

10 made available to carry out this section to carry out activi11 ties related to workforce development and technical assist12 ance and training if— 

13 ‘‘(1) the activities are authorized by another pro14 vision of this title; and 

15 ‘‘(2) the activities are for entities other than em16 ployees of the Secretary, such as States, units of local 

17 government, Federal land management agencies, and 

18 Tribal governments.’’. 

19 SEC. 3007. WILDLIFE-VEHICLE COLLISION RESEARCH. 

20 (a) GENERAL AUTHORITIES AND REQUIREMENTS RE21 GARDING WILDLIFE AND HABITAT.—Section 515(h)(2) of 

22 title 23, United States Code, is amended— 

23 (1) in subparagraph (K), by striking ‘‘and’’ at 

24 the end; 


lotter on DSKBCFDHB2PROD with BILLS
958 

•S 2302 RS

1 (2) by redesignating subparagraphs (D), (E), 

2 (F), (G), (H), (I), (J), (K), and (L) as subparagraphs 

3 (E), (F), (G), (H), (I), (K), (L), (M), and (O), respec4 tively; 

5 (3) by inserting after subparagraph (C) the fol6 lowing: 

7 ‘‘(D) a representative from a State, local, or 

8 regional wildlife, land use, or resource manage9 ment agency;’’; 

10 (4) by inserting after subparagraph (I) (as so re11 designated) the following: 

12 ‘‘(J) an academic researcher who is a bio13 logical or ecological scientist with expertise in 

14 transportation issues;’’; and 

15 (5) by inserting after subparagraph (M) (as so 

16 redesignated) the following: 

17 ‘‘(N) a representative from a public interest 

18 group concerned with the impact of the transpor19 tation system on terrestrial and aquatic species 

20 and the habitat of those species; and’’. 

21 (b) ANIMAL DETECTION SYSTEMS RESEARCH AND DE22 VELOPMENT.—Section 516(b)(6) of title 23, United States 

23 Code, is amended by inserting ‘‘, including animal detec24 tion systems to reduce the number of wildlife-vehicle colli25 sions’’ after ‘‘systems’’. 


lotter on DSKBCFDHB2PROD with BILLS
959 

•S 2302 RS

1 TITLE IV—INDIAN AFFAIRS 

2 SEC. 4001. DEFINITION OF SECRETARY. 

3 In this title, the term ‘‘Secretary’’ means the Secretary 

4 of the Interior. 

5 SEC. 4002. ENVIRONMENTAL REVIEWS FOR CERTAIN TRIB6 AL TRANSPORTATION FACILITIES. 

7 (a) DEFINITION OF TRIBAL TRANSPORTATION SAFETY

8 PROJECT.— 

9 (1) IN GENERAL.—In this section, the term ‘‘trib10 al transportation safety project’’ means a project de11 scribed in paragraph (2) that is eligible for funding 

12 under section 202 of title 23, United States Code. 

13 (2) PROJECT DESCRIBED.—A project described 

14 in this paragraph is a project that corrects or im15 proves a hazardous road location or feature or ad16 dresses a highway safety problem through 1 or more 

17 of the activities described in any of the clauses under 

18 section 148(a)(4)(B) of title 23, United States Code. 

19 (b) REVIEWS OF TRIBAL TRANSPORTATION SAFETY

20 PROJECTS.— 

21 (1) IN GENERAL.—The Secretary or the Sec22 retary of Transportation, as applicable, or the head 

23 of another Federal agency responsible for a decision 

24 related to a tribal transportation safety project shall 

25 complete any approval or decision for the review of 


lotter on DSKBCFDHB2PROD with BILLS
960 

•S 2302 RS

1 the tribal transportation safety project required under 

2 the National Environmental Policy Act of 1969 (42 

3 U.S.C. 4321 et seq.) or any other applicable Federal 

4 law on an expeditious basis using the shortest existing 

5 applicable process. 

6 (2) REVIEW OF APPLICATIONS.—Not later than 

7 45 days after the date of receipt of a complete appli8 cation by an Indian tribe for approval of a tribal 

9 transportation safety project, the Secretary or the 

10 Secretary of Transportation, as applicable, shall— 

11 (A) take final action on the application; or 

12 (B) provide the Indian tribe a schedule for 

13 completion of the review described in paragraph 

14 (1), including the identification of any other 

15 Federal agency that has jurisdiction with respect 

16 to the project. 

17 (3) DECISIONS UNDER OTHER FEDERAL LAWS.— 

18 In any case in which a decision under any other Fed19 eral law relating to a tribal transportation safety 

20 project (including the issuance or denial of a permit 

21 or license) is required, not later than 45 days after 

22 the Secretary or the Secretary of Transportation, as 

23 applicable, has made all decisions of the lead agency 

24 under the National Environmental Policy Act of 1969 

25 (42 U.S.C. 4321 et seq.) with respect to the project, 


lotter on DSKBCFDHB2PROD with BILLS
961 

•S 2302 RS

1 the head of the Federal agency responsible for the de2 cision shall— 

3 (A) make the applicable decision; or 

4 (B) provide the Indian tribe a schedule for 

5 making the decision. 

6 (4) EXTENSIONS.—The Secretary or the Sec7 retary of Transportation, as applicable, or the head 

8 of the Federal agency may extend the period under 

9 paragraph (2) or (3), as applicable, by an additional 

10 30 days by providing the Indian tribe notice of the 

11 extension, including a statement of the need for the 

12 extension. 

13 (5) NOTIFICATION AND EXPLANATION.—In any 

14 case in which a required action is not completed by 

15 the deadline under paragraph (2), (3), or (4), as ap16 plicable, the Secretary, the Secretary of Transpor17 tation, or the head of a Federal agency, as applicable, 

18 shall— 

19 (A) notify the Committees on Indian Affairs 

20 and Environment and Public Works of the Sen21 ate and the Committee on Natural Resources of 

22 the House of Representatives of the failure to 

23 comply with the deadline; and 

24 (B) provide to the Committees described in 

25 subparagraph (A) a detailed explanation of the 


lotter on DSKBCFDHB2PROD with BILLS
962 

•S 2302 RS

1 reasons for the failure to comply with the dead2 line. 

3 SEC. 4003. PROGRAMMATIC AGREEMENTS FOR TRIBAL CAT4 EGORICAL EXCLUSIONS. 

5 (a) IN GENERAL.—The Secretary and the Secretary of 

6 Transportation shall enter into programmatic agreements 

7 with Indian tribes that establish efficient administrative 

8 procedures for carrying out environmental reviews for 

9 projects eligible for assistance under section 202 of title 23, 

10 United States Code. 

11 (b) INCLUSIONS.—A programmatic agreement under 

12 subsection (a)— 

13 (1) may include an agreement that allows an In14 dian tribe to determine, on behalf of the Secretary 

15 and the Secretary of Transportation, whether a 

16 project is categorically excluded from the preparation 

17 of an environmental assessment or environmental im18 pact statement under the National Environmental 

19 Policy Act of 1969 (42 U.S.C. 4321 et seq.); and 

20 (2) shall— 

21 (A) require that the Indian tribe maintain 

22 adequate capability in terms of personnel and 

23 other resources to carry out applicable agency re24 sponsibilities pursuant to section 1507.2 of title 


lotter on DSKBCFDHB2PROD with BILLS
963 

•S 2302 RS

1 40, Code of Federal Regulations (or successor 

2 regulations); 

3 (B) set forth the responsibilities of the In4 dian tribe for making categorical exclusion deter5 minations, documenting the determinations, and 

6 achieving acceptable quality control and quality 

7 assurance; 

8 (C) allow— 

9 (i) the Secretary and the Secretary of 

10 Transportation to monitor compliance of 

11 the Indian tribe with the terms of the agree12 ment; and 

13 (ii) the Indian tribe to execute any 

14 needed corrective action; 

15 (D) contain stipulations for amendments, 

16 termination, and public availability of the agree17 ment once the agreement has been executed; and 

18 (E) have a term of not more than 5 years, 

19 with an option for renewal based on a review by 

20 the Secretary and the Secretary of Transpor21 tation of the performance of the Indian tribe. 


lotter on DSKBCFDHB2PROD with BILLS
964 

•S 2302 RS

1 SEC. 4004. USE OF CERTAIN TRIBAL TRANSPORTATION 

2 FUNDS. 

3 Section 202(d) of title 23, United States Code, is 

4 amended by striking paragraph (2) and inserting the fol5 lowing: 

6 ‘‘(2) USE OF FUNDS.—Funds made available to 

7 carry out this subsection shall be used— 

8 ‘‘(A) to carry out any planning, design, en9 gineering, preconstruction, construction, and in10 spection of new or replacement tribal transpor11 tation facility bridges; 

12 ‘‘(B) to replace, rehabilitate, seismically ret13 rofit, paint, apply calcium magnesium acetate, 

14 sodium acetate/formate, or other environmentally 

15 acceptable, minimally corrosive anti-icing and 

16 deicing composition; or 

17 ‘‘(C) to implement any countermeasure for 

18 tribal transportation facility bridges classified as 

19 in poor condition, having a low load capacity, 

20 or needing geometric improvements, including 

21 multiple-pipe culverts.’’. 

22 SEC. 4005. BUREAU OF INDIAN AFFAIRS ROAD MAINTE23 NANCE PROGRAM. 

24 There are authorized to be appropriated to the Director 

25 of the Bureau of Indian Affairs to carry out the road main26 tenance program of the Bureau— 


lotter on DSKBCFDHB2PROD with BILLS
965 

•S 2302 RS

1 (1) $50,000,000 for fiscal year 2021; 

2 (2) $52,000,000 for fiscal year 2022; 

3 (3) $54,000,000 for fiscal year 2023; 

4 (4) $56,000,000 for fiscal year 2024; and 

5 (5) $58,000,000 for fiscal year 2025. 

6 SEC. 4006. STUDY OF ROAD MAINTENANCE ON INDIAN 

7 LAND. 

8 (a) DEFINITIONS.—In this section: 

9 (1) INDIAN LAND.—The term ‘‘Indian land’’ has 

10 the meaning given the term ‘‘Indian lands’’ in section 

11 3 of the Native American Business Development, 

12 Trade Promotion, and Tourism Act of 2000 (25 

13 U.S.C. 4302). 

14 (2) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has 

15 the meaning given the term in section 4 of the Indian 

16 Self-Determination and Education Assistance Act (25 

17 U.S.C. 5304). 

18 (3) ROAD.—The term ‘‘road’’ means a road 

19 managed in whole or in part by the Bureau of Indian 

20 Affairs. 

21 (4) SECRETARY.—The term ‘‘Secretary’’ means 

22 the Secretary, acting through the Assistant Secretary 

23 for Indian Affairs. 

24 (b) STUDY.—Not later than 2 years after the date of 

25 enactment of this Act, the Secretary, in consultation with 


lotter on DSKBCFDHB2PROD with BILLS
966 

•S 2302 RS

1 the Secretary of Transportation, shall carry out a study 

2 to evaluate— 

3 (1) the long-term viability and useful life of ex4 isting roads on Indian land; 

5 (2) any steps necessary to achieve the goal of ad6 dressing the deferred maintenance backlog of existing 

7 roads on Indian land; 

8 (3) programmatic reforms and performance en9 hancements necessary to achieve the goal of restruc10 turing and streamlining road maintenance programs 

11 on existing or future roads located on Indian land; 

12 and 

13 (4) recommendations on how to implement ef14 forts to coordinate with States, counties, municipali15 ties, and other units of local government to maintain 

16 roads on Indian land. 

17 (c) TRIBAL CONSULTATION AND INPUT.—Before begin18 ning the study under subsection (b), the Secretary shall— 

19 (1) consult with any Indian tribes that have ju20 risdiction over roads eligible for funding under the 

21 road maintenance program of the Bureau of Indian 

22 Affairs; and 

23 (2) solicit and consider the input, comments, and 

24 recommendations of the Indian tribes described in 

25 paragraph (1). 


lotter on DSKBCFDHB2PROD with BILLS
967 

•S 2302 RS

1 (d) REPORT.—On completion of the study under sub2 section (b), the Secretary, in consultation with the Sec3 retary of Transportation, shall submit to the Committees 

4 on Indian Affairs and Environment and Public Works of 

5 the Senate and the Committees on Natural Resources and 

6 Transportation and Infrastructure of the House of Rep7 resentatives a report on the results and findings of the 

8 study. 

9 (e) STATUS REPORT.—Not later than 2 years after the 

10 date of enactment of this Act, and not less frequently than 

11 every 2 years thereafter, the Secretary, in consultation with 

12 the Secretary of Transportation, shall submit to the Com13 mittees on Indian Affairs and Environment and Public 

14 Works of the Senate and the Committees on Natural Re15 sources and Transportation and Infrastructure of the House 

16 of Representatives a report that includes a description of— 

17 (1) the progress made toward addressing the de18 ferred maintenance needs of the roads on Indian land, 

19 including a list of projects funded during the fiscal 

20 period covered by the report; 

21 (2) the outstanding needs of the roads that have 

22 been provided funding to address the deferred mainte23 nance needs; 

24 (3) the remaining needs of any of the projects re25 ferred to in paragraph (1); 


lotter on DSKBCFDHB2PROD with BILLS
968 

•S 2302 RS

1 (4) how the goals described in subsection (b) have 

2 been met, including— 

3 (A) an identification and assessment of any 

4 deficiencies or shortfalls in meeting the goals; 

5 and 

6 (B) a plan to address the deficiencies or 

7 shortfalls in meeting the goals; and 

8 (5) any other issues or recommendations pro9 vided by an Indian tribe under the consultation and 

10 input process under subsection (c) that the Secretary 

11 determines to be appropriate. 

12 SEC. 4007. MAINTENANCE OF CERTAIN INDIAN RESERVA13 TION ROADS. 

14 The Commissioner of U.S. Customs and Border Protec15 tion may transfer funds to the Director of the Bureau of 

16 Indian Affairs to maintain, repair, or reconstruct roads 

17 under the jurisdiction of the Director, subject to the condi18 tion that the Commissioner and the Director shall mutually 

19 agree that the primary user of the subject road is U.S. Cus20 toms and Border Protection. 

21 SEC. 4008. TRIBAL TRANSPORTATION SAFETY NEEDS. 

22 (a) DEFINITIONS.—In this section: 

23 (1) ALASKA NATIVE.—The term ‘‘Alaska Native’’ 

24 has the meaning given the term ‘‘Native’’ in section 


lotter on DSKBCFDHB2PROD with BILLS
969 

•S 2302 RS

1 3 of the Alaska Native Claims Settlement Act (43 

2 U.S.C. 1602). 

3 (2) ALASKA NATIVE VILLAGE.—The term ‘‘Alaska 

4 Native village’’ has the meaning given the term ‘‘Na5 tive village’’ in section 3 of the Alaska Native Claims 

6 Settlement Act (43 U.S.C. 1602). 

7 (3) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has 

8 the meaning given the term in section 4 of the Indian 

9 Self-Determination and Education Assistance Act (25 

10 U.S.C. 5304). 

11 (b) BEST PRACTICES, STANDARDIZED CRASH REPORT

12 FORM.— 

13 (1) IN GENERAL.—Not later than 1 year after 

14 the date of enactment of this Act, the Secretary of 

15 Transportation, in consultation with the Secretary, 

16 Indian tribes, Alaska Native villages, and State de17 partments of transportation shall develop— 

18 (A) best practices for the compiling, anal19 ysis, and sharing of motor vehicle crash data for 

20 crashes occurring on Indian reservations and in 

21 Alaska Native communities; and 

22 (B) a standardized form for use by Indian 

23 tribes and Alaska Native communities to carry 

24 out those best practices. 


lotter on DSKBCFDHB2PROD with BILLS
970 

•S 2302 RS

1 (2) PURPOSE.—The purpose of the best practices 

2 and standardized form developed under paragraph 

3 (1) shall be to improve the quality and quantity of 

4 crash data available to and used by the Federal High5 way Administration, State departments of transpor6 tation, Indian tribes, and Alaska Native villages. 

7 (3) REPORT.—On completion of the development 

8 of the best practices and standardized form under 

9 paragraph (1), the Secretary of Transportation shall 

10 submit to the Committee on Indian Affairs of the 

11 Senate and the Committee on Natural Resources of 

12 the House of Representatives a report describing the 

13 best practices and standardized form. 

14 (c) USE OF IMARS.—The Director of the Bureau of 

15 Indian Affairs shall require all law enforcement offices of 

16 the Bureau, for the purpose of reporting motor vehicle crash 

17 data for crashes occurring on Indian reservations and in 

18 Alaska Native communities— 

19 (1) to use the crash report form of the applicable 

20 State; and 

21 (2) to upload the information on that form to the 

22 Incident Management Analysis and Reporting Sys23 tem (IMARS) of the Department of the Interior. 

24 (d) TRIBAL TRANSPORTATION PROGRAM SAFETY

25 FUNDING.—Section 202(e)(1) of title 23, United States 


lotter on DSKBCFDHB2PROD with BILLS
971 

•S 2302 RS

1 Code, is amended by striking ‘‘2 percent’’ and inserting ‘‘4 

2 percent’’. 

3 SEC. 4009. OFFICE OF TRIBAL GOVERNMENT AFFAIRS. 

4 Section 102 of title 49, United States Code, is amend5 ed— 

6 (1) in subsection (e)(1)— 

7 (A) in the matter preceding subparagraph 

8 (A), by striking ‘‘6 Assistant’’ and inserting ‘‘7 

9 Assistant’’; 

10 (B) in subparagraph (C), by striking ‘‘and’’ 

11 after the semicolon; 

12 (C) by redesignating subparagraph (D) as 

13 subparagraph (E); and 

14 (D) by inserting after subparagraph (C) the 

15 following: 

16 ‘‘(D) an Assistant Secretary for Tribal Gov17 ernment Affairs, who shall be appointed by the 

18 President; and’’; and 

19 (2) in subsection (f), by striking the subsection 

20 designation and heading and all that follows through 

21 the end of paragraph (1) and inserting the following: 

22 ‘‘(f) OFFICE OF TRIBAL GOVERNMENT AFFAIRS.— 

23 ‘‘(1) ESTABLISHMENT.—There is established in 

24 the Department an Office of Tribal Government AfVerDate Sep 11 2014 23:26 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00971 Fmt 6652 Sfmt 6203 E:\BILLS\S2302.RS S2302

lotter on DSKBCFDHB2PROD with BILLS
972 

•S 2302 RS

1 fairs, under the Assistant Secretary for Tribal Gov2 ernment Affairs— 

3 ‘‘(A) to oversee the tribal self-governance 

4 program under section 207 of title 23; 

5 ‘‘(B) to plan, coordinate, and implement 

6 policies and programs serving Indian Tribes and 

7 Tribal organizations; 

8 ‘‘(C) to coordinate Tribal transportation 

9 programs and activities in all offices and ad10 ministrations of the Department; and 

11 ‘‘(D) to be a participant in any negotiated 

12 rulemakings relating to, or having an impact on, 

13 projects, programs, or funding associated with 

14 the Tribal transportation program under section 

15 202 of title 23.’’. 


lotter on DSKBCFDHB2PROD with BILLS

lotter on DSKBCFDHB2PROD with BILLS
Calendar No. 170 

116TH CONGRESS 

1ST SESSION S. 2302 

A BILL 

To amend title 23, United States Code, to authorposes. safety construction programs, and for other pur- ize funds for Federal-aid highways and highway 

AUGUST 1, 2019 

Reported with an amendment 


lotter on DSKBCFDHB2PROD with BILLS