‘‘(c) GUIDANCE.—The Secretary shall issue guidance 
on methods of determining the reduction of single occu-
pant vehicle trips and improvement of mobility on public 
roads as those factors relate to intercity rail passenger 
transportation projects under subsection (b)(4). 
‘‘(d) OPERATING EXPENSES.—A State may use not 
more than 10 percent of the funds provided under section 
104(b)(7) for the operating expenses of public transpor-
tation and passenger rail transportation projects. 
‘‘(e) SINGLE-OCCUPANCY VEHICLE HIGHWAY FA-
CILITIES.—None of the funds provided under this section 
may be used for a project that will result in the construc-
tion of new capacity available to single occupant vehicles 
unless the project consists of a high occupancy vehicle fa-
cility and is consistent with section 166. 
‘‘(f) EVALUATION.— 
‘‘(1) IN GENERAL.—The Secretary shall annu-
ally evaluate the progress of each State in carrying 
out the program under this section by comparing the 
percent change in carbon dioxide emissions per cap-
ita on public roads in the State calculated as— 
‘‘(A) the annual carbon dioxide emissions 
per capita on public roads in the State for the 
most recent year for which there is data; di-
vided by 
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‘‘(B) the average annual carbon dioxide 
emissions per capita on public roads in the 
State in calendar years 2015 through 2019. 
‘‘(2) MEASURES.—In conducting the evaluation 
under paragraph (1), the Secretary shall— 
‘‘(A) prior to the effective date of the 
greenhouse gas performance measures under 
section 150(c)(7), use such data as are avail-
able, which may include data on motor fuels 
usage published by the Federal Highway Ad-
ministration and information on emissions fac-
tors or coefficients published by the Energy In-
formation Administration of the Department of 
Energy; and 
‘‘(B) following the effective date of the 
greenhouse gas performance measures under 
section 150(c)(7), use such measures. 
‘‘(g) PROGRESS REPORT.—The Secretary shall annu-
ally issue a carbon pollution reduction progress report, to 
be made publicly available on the website of the Depart-
ment of Transportation, that includes— 
‘‘(1) the results of the evaluation under sub-
section (f) for each State; and 
‘‘(2) a ranking of all the States by the criteria 
under subsection (f), with the States that, for the 
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year covered by such report, have the largest per-
centage reduction in annual carbon dioxide emissions 
per capita on public roads being ranked the highest. 
‘‘(h) HIGH-PERFORMING STATES.— 
‘‘(1) DESIGNATION.—For purposes of this sec-
tion, each State that is 1 of the 15 highest ranked 
States, as determined under subsection (g)(2), and 
that achieves a reduction in carbon dioxide emissions 
per capita on public roads, as determined by the 
evaluation in subsection (f), shall be designated as a 
high-performing State for the following fiscal year. 
‘‘(2) USE OF FUNDS.—For each State that is 
designated as a high-performing State under para-
graph (1)— 
‘‘(A) notwithstanding section 120, the 
State may use funds made available under this 
title to pay the non-Federal share of a project 
under this section during any year for which 
such State is designated as a high-performing 
State; and 
‘‘(B) notwithstanding section 126, the 
State may transfer up to 50 percent of funds 
apportioned under section 104(b)(7) to the pro-
gram under section 104(b)(2) in any year for 
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which such State is designated as a high-per-
forming State. 
‘‘(3) TRANSFER.—For each State that is 1 of 
the 15 lowest ranked States, as determined under 
subsection (g)(2), the Secretary shall transfer 10 
percent of the amount apportioned to the State 
under section 104(b)(2) in the fiscal year following 
the year in which the State is so ranked, not includ-
ing amounts set aside under section 133(d)(1)(A) 
and under section 133(h) or 505(a), to the appor-
tionment of the State under section 104(b)(7). 
‘‘(4) LIMITATION.—The Secretary shall not 
conduct a transfer under paragraph (3)— 
‘‘(A) until the first fiscal year following the 
effective date of greenhouse gas performance 
measures under section 150(c)(7); and 
‘‘(B) with respect to a State in any fiscal 
year following the year in which such State 
achieves a reduction in carbon dioxide emissions 
per capita on public roads in such year as de-
termined by the evaluation under subsection (f). 
‘‘(i) REPORT.—Not later than 2 years after the date 
of enactment of this section and periodically thereafter, 
the Secretary, in consultation with the Administrator of 
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the Environmental Protection Agency, shall issue a re-
port— 
‘‘(1) detailing, based on the best available 
science, what types of projects eligible for assistance 
under this section are expected to provide the most 
significant greenhouse gas emissions reductions from 
the surface transportation sector; and 
‘‘(2) detailing, based on the best available 
science, what types of projects eligible for assistance 
under this section are not expected to provide sig-
nificant greenhouse gas emissions reductions from 
the surface transportation sector.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 1 of title 23, United States Code, is amended by add-
ing at the end the following new item: 
‘‘171. Carbon pollution reduction.’’. 
(c) APPLICABILITY.—Subsection (b)(2) of section 
171 of title 23, United States Code, as added by this sec-
tion, shall apply to a State beginning on the first fiscal 
year following the fiscal year in which the State sets green-
house gas performance targets under section 150(d) of 
title 23, United States Code. 
(d) APPORTIONMENT.—Section 104(b) of title 23, 
United States Code, is amended— 
(1) in paragraph (1) by striking ‘‘63.7 percent’’ 
and inserting ‘‘62.38 percent’’; 
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(2) in paragraph (2) by striking ‘‘29.3 percent’’ 
and inserting ‘‘27.98 percent’’; 
(3) in paragraph (3) by striking ‘‘7 percent’’ 
and inserting ‘‘5.69 percent’’; and 
(4) by adding at the end the following: 
‘‘(7) CARBON
POLLUTION
REDUCTION
PRO-
GRAM.—For the carbon pollution reduction program, 
3.95 percent of the amount remaining after distrib-
uting amounts under paragraphs (4), (5), and (6).’’. 
Æ 
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