182 
under this section unless the project meets each of 
the following criteria: 
‘‘(A) The project is designed to ensure re-
silience over the anticipated service life of the 
surface transportation infrastructure asset. 
‘‘(B) The project is identified in the metro-
politan or statewide transportation improve-
ment program as a project to address resilience 
vulnerabilities, 
consistent 
with 
section 
134(j)(3)(E) or 135(g)(5)(B)(iii). 
‘‘(C) For a project in a flood-prone area, 
the project sponsor considers hydrologic and hy-
draulic data and methods that integrate current 
and projected changes in flooding based on cli-
mate science over the anticipated service life of 
the surface transportation infrastructure asset 
and future forecasted land use changes. 
‘‘(3) PRIORITIZATION OF PROJECTS.—A State 
shall develop a process to prioritize projects under 
this section based on the degree to which the pro-
posed project would— 
‘‘(A) be cost effective; 
‘‘(B) reduce the risk of disruption to a sur-
face transportation infrastructure asset consid-
ered critical to support population centers,
183 
freight movement, economic activity, evacu-
ation, recovery, national security functions, or 
critical infrastructure; and 
‘‘(C) ease disruptions to vulnerable, at- 
risk, or transit-dependant populations. 
‘‘(c) GUIDANCE.—The Secretary shall provide guid-
ance to States to assist with the implementation of para-
graphs (2) and (3) of subsection (b). 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) COVERED
EVENT.—The term ‘covered 
event’ means a climate change effect (including sea 
level rise), an extreme event, seismic activity, or any 
other natural disaster (including a wildfire or land-
slide). 
‘‘(2) SURFACE TRANSPORTATION INFRASTRUC-
TURE ASSET.—The term ‘surface transportation in-
frastructure asset’ means a facility eligible for as-
sistance under this title or chapter 53 of title 49.’’. 
(2) CONFORMING AMENDMENT.—The analysis 
for chapter 1 of title 23, United States Code, is 
amended by inserting after the item relating to sec-
tion 123 the following: 
‘‘124. Predisaster mitigation program.’’. 
(b) METROPOLITAN TRANSPORTATION PLANNING.— 
(1) AMENDMENTS TO TITLE 23.—
184 
(A) CLIMATE CHANGE AND RESILIENCE.— 
Section 134(i)(2) of title 23, United States 
Code, is amended by adding at the end the fol-
lowing: 
‘‘(I) CLIMATE CHANGE AND RESILIENCE.— 
‘‘(i) IN
GENERAL.—The transpor-
tation planning process shall assess strate-
gies to reduce the climate change impacts 
of the surface transportation system and 
conduct a vulnerability assessment to iden-
tify opportunities to enhance the resilience 
of the surface transportation system and 
ensure the efficient use of Federal re-
sources. 
‘‘(ii) CLIMATE
CHANGE
MITIGATION 
AND
IMPACTS.—A long-range transpor-
tation plan shall— 
‘‘(I) identify investments and 
strategies to reduce transportation-re-
lated sources of greenhouse gas emis-
sions per capita; 
‘‘(II) identify investments and 
strategies to manage transportation 
demand and increase the rates of pub-
185 
lic transportation ridership, walking, 
bicycling, and carpools; and 
‘‘(III) recommend zoning and 
other land use policies that would sup-
port infill, transit-oriented develop-
ment, and mixed use development. 
‘‘(iii) VULNERABILITY ASSESSMENT.— 
A long-range transportation plan shall in-
corporate a vulnerability assessment that— 
‘‘(I) includes a risk-based assess-
ment of vulnerabilities of critical 
transportation assets and systems to 
covered events (as such term is de-
fined in section 124); 
‘‘(II) considers, as applicable, the 
risk management analysis in the 
State’s asset management plan devel-
oped pursuant to section 119, and the 
State’s evaluation of reasonable alter-
natives to repeatedly damaged facili-
ties conducted under part 667 of title 
23, Code of Federal Regulations; 
‘‘(III) 
identifies 
evacuation 
routes, assesses the ability of any 
such routes to provide safe passage
187 
ience, hazard mitigation, and emergency 
management.’’. 
(B) 
RESILIENCE
PROJECTS.—Section 
134(j)(3) of title 23, United States Code, is 
amended by adding at the end the following: 
‘‘(E) RESILIENCE
PROJECTS.—The TIP 
shall— 
‘‘(i) identify projects that address the 
vulnerabilities identified by the assessment 
in subsection (i)(2)(I)(iii); and 
‘‘(ii) describe how each project identi-
fied under clause (i) would improve the re-
silience of the transportation system.’’. 
(2) AMENDMENTS TO TITLE 49.— 
(A) CLIMATE CHANGE AND RESILIENCE.— 
Section 5303(i)(2) of title 49, United States 
Code, is amended by adding at the end the fol-
lowing: 
‘‘(I) CLIMATE CHANGE AND RESILIENCE.— 
‘‘(i) IN
GENERAL.—The transpor-
tation planning process shall assess strate-
gies to reduce the climate change impacts 
of the surface transportation system and 
conduct a vulnerability assessment to iden-
tify opportunities to enhance the resilience
188 
of the surface transportation system and 
ensure the efficient use of Federal re-
sources. 
‘‘(ii) CLIMATE
CHANGE
MITIGATION 
AND
IMPACTS.—A long-range transpor-
tation plan shall— 
‘‘(I) identify investments and 
strategies to reduce transportation-re-
lated sources of greenhouse gas emis-
sions per capita; 
‘‘(II) identify investments and 
strategies to manage transportation 
demand and increase the rates of pub-
lic transportation ridership, walking, 
bicycling, and carpools; and 
‘‘(III) recommend zoning and 
other land use policies that would sup-
port infill, transit-oriented develop-
ment, and mixed use development. 
‘‘(iii) VULNERABILITY ASSESSMENT.— 
A long-range transportation plan shall in-
corporate a vulnerability assessment that— 
‘‘(I) includes a risk-based assess-
ment of vulnerabilities of critical 
transportation assets and systems to
189 
covered events (as such term is de-
fined in section 124 of title 23); 
‘‘(II) considers, as applicable, the 
risk management analysis in the 
State’s asset management plan devel-
oped pursuant to section 119 of title 
23, and the State’s evaluation of rea-
sonable 
alternatives 
to 
repeatedly 
damaged facilities conducted under 
part 667 of title 23, Code of Federal 
Regulations; 
‘‘(III) 
identifies 
evacuation 
routes, assesses the ability of any 
such routes to provide safe passage 
for evacuation, access to health care 
and public health facilities, and emer-
gency response during an emergency 
event, and identifies any improve-
ments or redundant facilities nec-
essary to adequately facilitate safe 
passage; 
‘‘(IV) describes the metropolitan 
planning 
organization’s 
adaptation 
and resilience improvement strategies 
that will inform the transportation in-
190 
vestment decisions of the metropolitan 
planning organization; and 
‘‘(V) is consistent with and com-
plementary of the State and local 
mitigation plans required under sec-
tion 322 of the Robert T. Stafford 
Disaster Relief and Emergency Assist-
ance Act (42 U.S.C. 5165). 
‘‘(iv) CONSULTATION.—The assess-
ment described in this subparagraph shall 
be developed in consultation, as appro-
priate, with State, local, and Tribal offi-
cials responsible for land use, housing, re-
silience, hazard mitigation, and emergency 
management.’’. 
(B) 
RESILIENCE
PROJECTS.—Section 
5303(j)(3) of title 49, United States Code, is 
amended by adding at the end the following: 
‘‘(E) RESILIENCE
PROJECTS.—The TIP 
shall— 
‘‘(i) identify projects that address the 
vulnerabilities identified by the assessment 
in subsection (i)(2)(I)(iii); and
191 
‘‘(ii) describe how each project identi-
fied under clause (i) would improve the re-
silience of the transportation system.’’. 
(c) STATEWIDE
AND
NONMETROPOLITAN
PLAN-
NING.— 
(1) AMENDMENTS TO TITLE 23.— 
(A) CLIMATE CHANGE AND RESILIENCE.— 
Section 135(f) of title 23, United States Code, 
is amended by adding at the end the following: 
‘‘(10) CLIMATE CHANGE AND RESILIENCE.— 
‘‘(A) IN
GENERAL.—The transportation 
planning process shall assess strategies to re-
duce the climate change impacts of the surface 
transportation system and conduct a vulner-
ability assessment to identify opportunities to 
enhance the resilience of the surface transpor-
tation system and ensure the efficient use of 
Federal resources. 
‘‘(B) CLIMATE CHANGE MITIGATION AND 
IMPACTS.—A long-range transportation plan 
shall— 
‘‘(i) identify investments and strate-
gies 
to 
reduce 
transportation-related 
sources of greenhouse gas emissions per 
capita;
192 
‘‘(ii) identify investments and strate-
gies to manage transportation demand and 
increase the rates of public transportation 
ridership, walking, bicycling, and carpools; 
and 
‘‘(iii) recommend zoning and other 
land use policies that would support infill, 
transit-oriented development, and mixed 
use development. 
‘‘(C) 
VULNERABILITY
ASSESSMENT.—A 
long-range transportation plan shall incorporate 
a vulnerability assessment that— 
‘‘(i) includes a risk-based assessment 
of vulnerabilities of critical transportation 
assets and systems to covered events (as 
such term is defined in section 124); 
‘‘(ii) considers, as applicable, the risk 
management analysis in the State’s asset 
management plan developed pursuant to 
section 119, and the State’s evaluation of 
reasonable alternatives to repeatedly dam-
aged facilities conducted under part 667 of 
title 23, Code of Federal Regulations; 
‘‘(iii) identifies evacuation routes, as-
sesses the ability of any such routes to pro-
193 
vide safe passage for evacuation, access to 
health care and public health facilities, and 
emergency response during an emergency 
event, and identifies any improvements or 
redundant facilities necessary to ade-
quately facilitate safe passage; 
‘‘(iv) describes the States’s adaptation 
and resilience improvement strategies that 
will inform the transportation investment 
decisions of the State; and 
‘‘(v) is consistent with and com-
plementary of the State and local mitiga-
tion plans required under section 322 of 
the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 
5165). 
‘‘(D) 
CONSULTATION.—The 
assessment 
described in this subparagraph shall be devel-
oped in consultation with, as appropriate, State, 
local, and Tribal officials responsible for land 
use, housing, resilience, hazard mitigation, and 
emergency management.’’. 
(B) 
RESILIENCE
PROJECTS.—Section 
135(g)(5)(B) of title 23, United States Code, is 
amended by adding at the end the following:
194 
‘‘(iii) RESILIENCE
PROJECTS.—The 
STIP shall— 
‘‘(I) identify projects that ad-
dress the vulnerabilities identified by 
the 
assessment 
in 
subsection 
(i)(10)(B); and 
‘‘(II) describe how each project 
identified under subclause (I) would 
improve the resilience of the transpor-
tation system.’’. 
(2) AMENDMENTS TO TITLE 49.— 
(A) CLIMATE CHANGE AND RESILIENCE.— 
Section 5304(f) of title 49, United States Code, 
is amended by adding at the end the following: 
‘‘(10) CLIMATE CHANGE AND RESILIENCE.— 
‘‘(A) IN
GENERAL.—The transportation 
planning process shall assess strategies to re-
duce the climate change impacts of the surface 
transportation system and conduct a vulner-
ability assessment to identify opportunities to 
enhance the resilience of the surface transpor-
tation system and ensure the efficient use of 
Federal resources.
195 
‘‘(B) CLIMATE CHANGE MITIGATION AND 
IMPACTS.—A long-range transportation plan 
shall— 
‘‘(i) identify investments and strate-
gies 
to 
reduce 
transportation-related 
sources of greenhouse gas emissions per 
capita; 
‘‘(ii) identify investments and strate-
gies to manage transportation demand and 
increase the rates of public transportation 
ridership, walking, bicycling, and carpools; 
and 
‘‘(iii) recommend zoning and other 
land use policies that would support infill, 
transit-oriented development, and mixed 
use development. 
‘‘(C) 
VULNERABILITY
ASSESSMENT.—A 
long-range transportation plan shall incorporate 
a vulnerability assessment that— 
‘‘(i) includes a risk-based assessment 
of vulnerabilities of critical transportation 
assets and systems to covered events (as 
such term is defined in section 124 of title 
23);
196 
‘‘(ii) considers, as applicable, the risk 
management analysis in the State’s asset 
management plan developed pursuant to 
section 119 of title 23, and the State’s 
evaluation of reasonable alternatives to re-
peatedly 
damaged 
facilities 
conducted 
under part 667 of title 23, Code of Federal 
Regulations; 
‘‘(iii) identifies evacuation routes, as-
sesses the ability of any such routes to pro-
vide safe passage for evacuation, access to 
health care and public health facilities, and 
emergency response during an emergency 
event, and identifies any improvements or 
redundant facilities necessary to ade-
quately facilitate safe passage; 
‘‘(iv) describes the State’s adaptation 
and resilience improvement strategies that 
will inform the transportation investment 
decisions of the State; and 
‘‘(v) is consistent with and com-
plementary of the State and local mitiga-
tion plans required under section 322 of 
the Robert T. Stafford Disaster Relief and
197 
Emergency Assistance Act (42 U.S.C. 
5165). 
‘‘(D) 
CONSULTATION.—The 
assessment 
described in this subparagraph shall be devel-
oped in consultation with, as appropriate, State, 
local, and Tribal officials responsible for land 
use, housing, resilience, hazard mitigation, and 
emergency management.’’. 
(B) 
RESILIENCE
PROJECTS.—Section 
5304(g)(5)(B) of title 49, United States Code, 
is amended by adding at the end the following: 
‘‘(iii) RESILIENCE
PROJECTS.—The 
STIP shall— 
‘‘(I) identify projects that ad-
dress the vulnerabilities identified by 
the 
assessment 
in 
subsection 
(i)(10)(B); and 
‘‘(II) describe how each project 
identified under subclause (I) would 
improve the resilience of the transpor-
tation system.’’. 
SEC. 1203. EMERGENCY RELIEF. 
(a) IN GENERAL.—Section 125 of title 23, United 
States Code, is amended—
198 
(1) in subsection (a)(1) by inserting ‘‘wildfire,’’ 
after ‘‘severe storm,’’; 
(2) by striking subsection (b); 
(3) in subsection (c)(2)(A) by striking ‘‘in any 
1 fiscal year commencing after September 30, 
1980,’’ and inserting ‘‘in any fiscal year’’; 
(4) in subsection (d)— 
(A) in paragraph (3)(C) by striking ‘‘sub-
section (e)(1)’’ and inserting ‘‘subsection (g)’’; 
(B) by redesignating paragraph (3) as 
paragraph (4); and 
(C) by striking paragraphs (1) and (2) and 
inserting the following: 
‘‘(1) IN GENERAL.—The Secretary may expend 
funds from the emergency fund authorized by this 
section only for the repair or reconstruction of high-
ways on Federal-aid highways in accordance with 
this chapter. 
‘‘(2) RESTRICTIONS.— 
‘‘(A) IN GENERAL.—No funds shall be ex-
pended from the emergency fund authorized by 
this section unless— 
‘‘(i) an emergency has been declared 
by the Governor of the State with concur-
rence by the Secretary, unless the Presi-
199 
dent has declared the emergency to be a 
major disaster for the purposes of the Rob-
ert T. Stafford Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 5121 et 
seq.) for which concurrence of the Sec-
retary is not required; and 
‘‘(ii) the Secretary has received an ap-
plication from the State transportation de-
partment that includes a comprehensive 
list of all eligible project sites and repair 
costs by not later than 2 years after the 
natural disaster or catastrophic failure. 
‘‘(B) COST LIMITATION.—The total cost of 
a project funded under this section may not ex-
ceed the cost of repair or reconstruction of a 
comparable facility unless the Secretary deter-
mines that the project incorporates economi-
cally justified betterments, including protective 
features to increase the resilience of the facility. 
‘‘(3) SPECIAL RULE FOR BRIDGE PROJECTS.— 
In no case shall funds be used under this section for 
the repair or reconstruction of a bridge— 
‘‘(A) that has been permanently closed to 
all vehicular traffic by the State or responsible 
local official because of imminent danger of col-
200 
lapse due to a structural deficiency or physical 
deterioration; or 
‘‘(B) if a construction phase of a replace-
ment structure is included in the approved 
statewide transportation improvement program 
at the time of an event described in subsection 
(a).’’; 
(5) in subsection (e)— 
(A) by striking paragraph (1); 
(B) in paragraph (2) by striking ‘‘sub-
section 
(d)(1)’’ 
and 
inserting 
‘‘subsection 
(c)(1)’’; and 
(C) by redesignating paragraphs (2) and 
(3), as amended, as paragraphs (1) and (2), re-
spectively; 
(6) by redesignating subsections (c) through 
(g), as amended, as subsections (b) through (f), re-
spectively; and 
(7) by adding at the end the following: 
‘‘(g) IMPOSITION OF DEADLINE.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law, the Secretary may not require any 
project funded under this section to advance to the 
construction obligation stage before the date that is
201 
the last day of the sixth fiscal year after the later 
of— 
‘‘(A) the date on which the Governor de-
clared the emergency, as described in subsection 
(d)(2)(A)(i); or 
‘‘(B) the date on which the President de-
clared the emergency to be a major disaster, as 
described in such subsection. 
‘‘(2) EXTENSION OF DEADLINE.—If the Sec-
retary imposes a deadline for advancement to the 
construction obligation stage pursuant to paragraph 
(1), the Secretary may, upon the request of the Gov-
ernor of the State, issue an extension of not more 
than 1 year to complete such advancement, and may 
issue additional extensions after the expiration of 
any extension, if the Secretary determines the Gov-
ernor of the State has provided suitable justification 
to warrant such an extension. 
‘‘(h) HAZARD MITIGATION PILOT PROGRAM.— 
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish a hazard mitigation pilot program for the pur-
pose of mitigating future hazards posed to Federal- 
aid highways. 
‘‘(2) DISTRIBUTION OF FUNDS.—
202 
‘‘(A) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There is authorized to be appropriated 
such sums as may be necessary for the pilot 
program established under this subsection. 
‘‘(B) CALCULATION.—Every 6 months, the 
Secretary shall calculate the total amount of 
outstanding eligible repair costs under the 
emergency relief program under this section, in-
cluding the emergency relief backlog, for each 
State, territory, Tribal government, or other eli-
gible entity. 
‘‘(C) DISTRIBUTION.—Any amounts made 
available under this subsection shall be distrib-
uted to each State, territory, Tribal govern-
ment, or other eligible entity based on— 
‘‘(i) the ratio of the total amount of 
outstanding eligible repair costs as de-
scribed under subparagraph (B); bears to 
‘‘(ii) the total amounts appropriated 
for the purposes described in this sub-
section. 
‘‘(D) LIMITATION.—The distribution de-
scribed under subparagraph (C) shall not ex-
ceed 5 percent of the amount described in sub-
paragraph (B).
203 
‘‘(3) ELIGIBLE
ACTIVITIES.—Amounts made 
available under this subsection shall be used for pro-
tective features or other hazard mitigation activities 
that— 
‘‘(A) the Secretary determines are cost ef-
fective and that reduce the risk of, or increase 
the resilience to, future damage to existing as-
sets as a result of natural disasters; and 
‘‘(B) are eligible under section 124. 
‘‘(4) REPORT.—The Secretary shall submit to 
the Committee on Transportation and Infrastructure 
of the House of Representatives and the Committee 
on Environment and Public Works of the Senate an 
annual report detailing— 
‘‘(A) a description of the activities carried 
out under the pilot program; 
‘‘(B) an evaluation of the effectiveness of 
the pilot program in meeting purposes descried 
in paragraph (1); 
‘‘(C) policy recommendations to improve 
the effectiveness of the pilot program. 
‘‘(5) SUNSET.—The authority provided under 
this subsection shall terminate on October 1, 2025. 
‘‘(i) IMPROVING
THE EMERGENCY RELIEF PRO-
GRAM.—Not later than 90 days after the date of enact-
204 
ment of the INVEST in America Act, the Secretary 
shall— 
‘‘(1) revise the emergency relief manual of the 
Federal Highway Administration— 
‘‘(A) to include and reflect the definition of 
the term ‘resilience’ (as defined in section 
101(a)); 
‘‘(B) to identify procedures that States 
may use to incorporate resilience into emer-
gency relief projects; and 
‘‘(C) to encourage the use of context sen-
sitive design principles and consideration of ac-
cess for moderate- and low-income families im-
pacted by a declared disaster; 
‘‘(2) develop best practices for improving the 
use of resilience in— 
‘‘(A) the emergency relief program under 
section 125; and 
‘‘(B) emergency relief efforts; 
‘‘(3) provide to division offices of the Federal 
Highway Administration and State departments of 
transportation information on the best practices de-
veloped under paragraph (2); and 
‘‘(4) develop and implement a process to 
track—
205 
‘‘(A) the consideration of resilience as part 
of the emergency relief program under section 
125; and 
‘‘(B) the costs of emergency relief projects. 
‘‘(j) DEFINITIONS.—In this section: 
‘‘(1) COMPARABLE FACILITY.—The term ‘com-
parable facility’ means a facility that meets the cur-
rent geometric and construction standards required 
for the types and volume of traffic that the facility 
will carry over its design life. 
‘‘(2) CONSTRUCTION PHASE.—The term ‘con-
struction phase’ means the phase of physical con-
struction of a highway or bridge facility that is sepa-
rate from any other identified phases, such as plan-
ning, design, or right-of-way phases, in the State 
transportation improvement program. 
‘‘(3) OPEN
TO
PUBLIC
TRAVEL.—The term 
‘open to public travel’ means with respect to a road, 
that, except during scheduled periods, extreme 
weather conditions, or emergencies, the road— 
‘‘(A) is maintained; 
‘‘(B) is open to the general public; and 
‘‘(C) can accommodate travel by a stand-
ard passenger vehicle, without restrictive gates 
or prohibitive signs or regulations, other than
206 
for general traffic control or restrictions based 
on size, weight, or class of registration. 
‘‘(4) STANDARD
PASSENGER
VEHICLE.—The 
term ‘standard passenger vehicle’ means a vehicle 
with 6 inches of clearance from the lowest point of 
the frame, body, suspension, or differential to the 
ground.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) FEDERAL LANDS AND TRIBAL TRANSPOR-
TATION
PROGRAMS.—Section 201(c)(8)(A) of title 
23, United States Code, is amended by striking 
‘‘section 125(e)’’ and inserting ‘‘section 125(g)’’. 
(2) TRIBAL TRANSPORTATION PROGRAM.—Sec-
tion 202(b)(6)(A) of title 23, United States Code, is 
amended by striking ‘‘section 125(e)’’ and inserting 
‘‘section 125(d)’’. 
(c) REPEAL.—Section 668.105(h) of title 23, Code 
of Federal Regulations, is repealed. 
SEC. 1204. RAILWAY CROSSINGS. 
(a) IN GENERAL.—Section 130 of title 23, United 
States Code, is amended— 
(1) in the section heading by striking ‘‘Rail-
way-highway crossings’’ and inserting ‘‘Rail-
way crossings’’; 
(2) in subsection (a)—
207 
(A) by striking ‘‘Subject to section 120 
and subsection (b) of this section, the entire’’ 
and inserting ‘‘IN GENERAL.—The’’; 
(B) by striking ‘‘then the entire’’ and in-
serting ‘‘the’’; and 
(C) by striking ‘‘, subject to section 120 
and subsection (b) of this section,’’; 
(3) by amending subsection (b) to read as fol-
lows: 
‘‘(b) CLASSIFICATION.— 
‘‘(1) 
IN
GENERAL.—The 
construction 
of 
projects for the elimination of hazards at railway 
crossings represents a benefit to the railroad. The 
Secretary shall classify the various types of projects 
involved in the elimination of hazards of railway- 
highway crossings, and shall set for each such classi-
fication a percentage of the total project cost that 
represent the benefit to the railroad or railroads for 
the purpose of determining the railroad’s share of 
the total project cost. The Secretary shall determine 
the appropriate classification of each project. 
‘‘(2) NONCASH CONTRIBUTIONS.— 
‘‘(A) IN GENERAL.—Not more than 5 per-
cent of the cost share described in paragraph 
(1) may be attributable to noncash contribu-
208 
tions of materials and labor furnished by the 
railroad in connection with the construction of 
such project. 
‘‘(B) REQUIREMENT.—The requirements 
under section 200.306 and 200.403(g) of title 
2, Code of Federal Regulations (or successor 
regulations), shall apply to any noncash con-
tributions under this subsection. 
‘‘(3) TOTAL PROJECT COST.—For the purposes 
of this subsection, the determination of the rail-
road’s share of the total project cost shall include 
environment, design, right-of-way, utility accommo-
dation, and construction phases of the project.’’; 
(4) in subsection (c)— 
(A) by striking ‘‘Any railroad involved’’ 
and inserting ‘‘BENEFIT.—Any railroad in-
volved’’; 
(B) by striking ‘‘the net benefit’’ and in-
serting ‘‘the cost associated with the benefit’’; 
and 
(C) by striking ‘‘Such payment may con-
sist in whole or in part of materials and labor 
furnished by the railroad in connection with the 
construction of such project.’’;
209 
(5) by striking subsection (e) and inserting the 
following: 
‘‘(e) RAILWAY CROSSINGS.— 
‘‘(1) ELIGIBLE
ACTIVITIES.—Funds appor-
tioned to a State under section 104(b)(7) may be ob-
ligated for the following: 
‘‘(A) The elimination of hazards at rail-
way-highway crossings, including technology or 
protective upgrades. 
‘‘(B) Construction or installation of protec-
tive devices (including replacement of function-
ally obsolete protective devices) at railway-high-
way crossings. 
‘‘(C) Infrastructure and noninfrastructure 
projects and strategies to prevent or reduce sui-
cide or trespasser fatalities and injuries along 
railroad rights-of-way and at or near railway- 
highway crossings. 
‘‘(D) Projects to mitigate any degradation 
in the level of access from a highway-grade 
crossing closure. 
‘‘(E) Bicycle and pedestrian railway grade 
crossing improvements, including underpasses 
and overpasses.
212 
‘‘(i) the number of projects under-
taken; 
‘‘(ii) distribution of such projects by 
cost range, road system, nature of treat-
ment, and subsequent accident experience 
at improved locations; 
‘‘(iii) an analysis and evaluation of 
each State program; 
‘‘(iv) the identification of any State 
found not to be in compliance with the 
schedule of improvements required by sub-
section (d); and 
‘‘(v) recommendations for future im-
plementation of the railway crossings pro-
gram.’’; 
(8) in subsection (j)— 
(A) in the heading by inserting ‘‘AND PE-
DESTRIAN’’ after ‘‘BICYCLE’’; and 
(B) by inserting ‘‘and pedestrian’’ after 
‘‘bicycle’’; and 
(9) in subsection (l)— 
(A) in paragraph (1) by striking ‘‘Not 
later than’’ and all that follows through ‘‘each 
State’’ and inserting ‘‘Not later than 6 months
213 
after a new railway crossing becomes oper-
ational, each State’’; and 
(B) in paragraph (2) by striking ‘‘On a 
periodic’’ and all that follows through ‘‘every 
year thereafter’’ and inserting ‘‘On or before 
September 30 of each year’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 1 of title 23, United States Code, is amended by 
amending the item relating to section 130 to read as fol-
lows: 
‘‘130. Railway crossings.’’. 
(c) GAO STUDY.—Not later than 2 years after the 
date of enactment of this Act, the Comptroller General 
of the United States shall submit to Congress a report 
that includes an analysis of the effectiveness of the railway 
crossing program under section 130 of title 23, United 
States Code. 
(d) SENSE OF CONGRESS RELATING TO TRESPASSER 
DEATHS ALONG RAILROAD RIGHTS-OF-WAY.—It is the 
sense of Congress that the Department of Transportation 
should, where feasible, coordinate departmental efforts to 
prevent or reduce trespasser deaths along railroad rights- 
of-way and at or near railway-highway crossings. 
SEC. 1205. SURFACE TRANSPORTATION PROGRAM. 
(a) IN GENERAL.—Section 133 of title 23, United 
States Code, is amended—
214 
(1) in the heading by striking ‘‘block grant’’; 
(2) in subsection (a) by striking ‘‘block grant’’; 
(3) in subsection (b)— 
(A) by striking ‘‘block grant’’; 
(B) in paragraph (4) by striking ‘‘railway- 
highway 
grade 
crossings’’ 
and 
inserting 
‘‘projects eligible under section 130 and instal-
lation of safety barriers and nets on bridges’’; 
(C) in paragraph (6)— 
(i) by striking ‘‘Recreational’’ and in-
serting 
‘‘Transportation 
alternatives 
projects eligible under subsection (h), rec-
reational’’; and 
(ii) by striking ‘‘1404 of SAFETEA– 
LU (23 U.S.C. 402 note)’’ and inserting 
‘‘211’’; and 
(D) by adding at the end the following: 
‘‘(16) Protective features (including natural in-
frastructure and vegetation control and clearance) to 
enhance the resilience of a transportation facility 
otherwise eligible for assistance under this section. 
‘‘(17) Projects to reduce greenhouse gas emis-
sions eligible under section 171, including the instal-
lation of electric vehicle charging infrastructure.
215 
‘‘(18) Projects and strategies to reduce vehicle- 
caused wildlife mortality related to, or to restore and 
maintain connectivity among terrestrial or aquatic 
habitats affected by, a transportation facility other-
wise eligible for assistance under this section. 
‘‘(19) A surface transportation project carried 
out in accordance with the national travel and tour-
ism infrastructure strategic plan under section 
1431(e) of the FAST Act (49 U.S.C. 301 note). 
‘‘(20) roads in rural areas that primarily serve 
to transport agricultural products from a farm or 
ranch to a marketplace.’’; 
(4) in subsection (c)— 
(A) by striking ‘‘block grant’’ and inserting 
‘‘program’’; 
(B) by striking paragraph (3) and insert-
ing the following: 
‘‘(3) for a project described in— 
‘‘(A) subsection (h); or 
‘‘(B) section 101(a)(29), as in effect on 
the day before the date of enactment of the 
FAST Act;’’; 
(C) by redesignating paragraph (4) as 
paragraph (5); and
216 
(D) by inserting after paragraph (3) the 
following: 
‘‘(4) for a project described in section 5308 of 
title 49; and’’; 
(5) in subsection (d)— 
(A) in paragraph (1)— 
(i) by inserting ‘‘each fiscal year’’ 
after ‘‘apportioned to a State’’; 
(ii) by striking ‘‘the reservation of’’ 
and inserting ‘‘setting aside’’; and 
(iii) in subparagraph (A)— 
(I) by striking ‘‘the percentage 
specified in paragraph (6) for a fiscal 
year’’ and inserting ‘‘57 percent for 
fiscal year 2022, 58 percent for fiscal 
year 2023, 59 percent for fiscal year 
2024, and 60 percent for fiscal year 
2025’’; 
(II) in clause (i) by striking ‘‘of 
over’’ and inserting ‘‘greater than’’; 
and 
(III) by striking clauses (ii) and 
(iii) and inserting the following:
217 
‘‘(ii) in urbanized areas of the State 
with an urbanized area population greater 
than 49,999 and less than 200,001; 
‘‘(iii) in urban areas of the State with 
a population greater than 4,999 and less 
than 50,000; and 
‘‘(iv) in other areas of the State with 
a population less than 5,000; and’’; 
(B) by striking paragraph (3) and insert-
ing the following: 
‘‘(3) LOCAL
COORDINATION
AND
CONSULTA-
TION.— 
‘‘(A) COORDINATION WITH METROPOLITAN 
PLANNING
ORGANIZATIONS.—For purposes of 
paragraph (1)(A)(ii), a State shall— 
‘‘(i) establish a process to coordinate 
with all metropolitan planning organiza-
tions in the State that represent an urban-
ized area described in such paragraph; and 
‘‘(ii) describe how funds described 
under paragraph (1)(A)(ii) will be allo-
cated equitably among such urbanized 
areas during the period of fiscal years 
2022 through 2025.
218 
‘‘(B) JOINT RESPONSIBILITY.—Each State 
and the Secretary shall jointly ensure compli-
ance with subparagraph (A). 
‘‘(C) 
CONSULTATION
WITH
REGIONAL 
TRANSPORTATION
PLANNING
ORGANIZA-
TIONS.—For purposes of clauses (iii) and (iv) 
of paragraph (1)(A), before obligating funding 
attributed to an area with a population less 
than 50,000, a State shall consult with the re-
gional transportation planning organizations 
that represent the area, if any.’’; 
(C) in the heading for paragraph (4) by 
striking ‘‘OVER 200,000’’ and inserting ‘‘GREAT-
ER THAN 200,000’’; 
(D) by striking paragraph (6) and insert-
ing the following: 
‘‘(6) TECHNICAL ASSISTANCE.— 
‘‘(A) IN
GENERAL.—The State and all 
metropolitan planning organizations in the 
State that represent an urbanized area with a 
population of greater than 200,000 shall jointly 
establish a program to improve the ability of 
applicants to deliver projects under this sub-
section in an efficient and expeditious manner 
and reduce the period of time between the selec-
219 
tion of the project and the obligation of funds 
for the project by providing— 
‘‘(i) technical assistance and training 
to applicants for projects under this sub-
section; and 
‘‘(ii) funding for one or more full-time 
State employee positions to administer this 
subsection. 
‘‘(B) ELIGIBLE FUNDS.—To carry out this 
paragraph— 
‘‘(i) a State shall set aside an amount 
equal to 1 percent of the funds available 
under paragraph (1)(A)(i); and 
‘‘(ii) at the request of an eligible met-
ropolitan planning organization, the State 
and metropolitan planning organization 
may jointly agree to use additional funds 
available under paragraph (1)(A)(i). 
‘‘(C) USE
OF
FUNDS.—Amounts used 
under this paragraph may be expended— 
‘‘(i) directly by the State; or 
‘‘(ii) through contracts with State 
agencies, private entities, or nonprofit or-
ganizations.’’; 
(6) in subsection (e)(1)—
220 
(A) by striking ‘‘over 200,000’’ and insert-
ing ‘‘greater than 200,000’’; and 
(B) by striking ‘‘2016 through 2020’’ and 
inserting ‘‘2022 through 2025’’; 
(7) by striking subsection (f) and inserting the 
following: 
‘‘(f) BRIDGES NOT ON FEDERAL-AID HIGHWAYS.— 
‘‘(1) DEFINITION OF OFF-SYSTEM BRIDGE.—In 
this subsection, the term ‘off-system bridge’ means 
a bridge located on a public road, other than a 
bridge on a Federal-aid highway. 
‘‘(2) SPECIAL RULE.— 
‘‘(A) SET ASIDE.—Of the amounts appor-
tioned to a State for each fiscal year under this 
section other than the amounts described in 
subparagraph (C), the State shall obligate for 
activities described in subsection (b)(2) (as in 
effect on the day before the date of enactment 
of the FAST Act) for off-system bridges an 
amount that is not less than 20 percent of the 
amounts available to such State under this sec-
tion in fiscal year 2020, not including the 
amounts described in subparagraph (C). 
‘‘(B) REDUCTION
OF
EXPENDITURES.— 
The Secretary, after consultation with State
221 
and local officials, may reduce the requirement 
for expenditures for off-system bridges under 
subparagraph (A) with respect to the State if 
the Secretary determines that the State has in-
adequate needs to justify the expenditure. 
‘‘(C) 
LIMITATIONS.—The 
following 
amounts shall not be used for the purposes of 
meeting the requirements of subparagraph (A): 
‘‘(i) Amounts described in section 
133(d)(1)(A). 
‘‘(ii) Amounts set aside under section 
133(h). 
‘‘(iii) Amounts described in section 
505(a). 
‘‘(3) CREDIT FOR BRIDGES NOT ON FEDERAL- 
AID HIGHWAYS.—Notwithstanding any other provi-
sion of law, with respect to any project not on a 
Federal-aid highway for the replacement of a bridge 
or rehabilitation of a bridge that is wholly funded 
from State and local sources, is eligible for Federal 
funds under this section, is certified by the State to 
have been carried out in accordance with all stand-
ards applicable to such projects under this section, 
and is determined by the Secretary upon completion 
to be no longer a deficient bridge—
222 
‘‘(A) any amount expended after the date 
of enactment of this subsection from State and 
local sources for the project in excess of 20 per-
cent of the cost of construction of the project 
may be credited to the non-Federal share of the 
cost of other bridge projects in the State that 
are eligible for Federal funds under this sec-
tion; and 
‘‘(B) that crediting shall be conducted in 
accordance with procedures established by the 
Secretary.’’; and 
(8) in subsection (g)— 
(A) in the heading by striking ‘‘5,000’’ and 
inserting ‘‘50,000’’; and 
(B) in paragraph (1), by striking sub-
section (d)(1)(A)(ii) and all that follows 
through the period at the end and inserting 
‘‘clauses (iii) and (iv) of subsection (d)(1)(A) 
for each fiscal year may be obligated on roads 
functionally classified as rural minor collectors 
or local roads or on critical rural freight cor-
ridors designated under section 167(e).’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 1 of title 23, United States Code, is amended by strik-
223 
ing the item relating to section 133 and inserting the fol-
lowing: 
‘‘133. Surface transportation program.’’. 
(c) CONFORMING AMENDMENTS.— 
(1) ADVANCE
ACQUISITION
OF
REAL
PROP-
ERTY.—Section 108(c) of title 23, United States 
Code, is amended— 
(A) in paragraph (2)(A) by striking ‘‘block 
grant’’; and 
(B) in paragraph (3) by striking ‘‘block 
grant’’. 
(2) 
PUBLIC
TRANSPORTATION.—Section 
142(e)(2) of title 23, United States Code, is amend-
ed by striking ‘‘block grant’’. 
(3) HIGHWAY USE TAX EVASION PROJECTS.— 
Section 143(b)(8) of title 23, United States Code, is 
amended in the heading by striking ‘‘BLOCK 
GRANT’’. 
(4) CONGESTION MITIGATION AND AIR QUALITY 
IMPROVEMENT
PROGRAM.—Section 149(d) of title 
23, United States Code, is amended— 
(A) in paragraph (1)(B) by striking ‘‘block 
grant’’; and 
(B) in paragraph (2)(A) by striking ‘‘block 
grant’’.
224 
(5) TERRITORIAL AND PUERTO RICO HIGHWAY 
PROGRAM.—Section 165 of title 23, United States 
Code, is amended— 
(A) in subsection (b)(2)(A)(ii) by striking 
‘‘block grant’’ each time such term appears; 
and 
(B) in subsection (c)(6)(A)(i) by striking 
‘‘block grant’’. 
(6) MAGNETIC
LEVITATION
TRANSPORTATION 
TECHNOLOGY
DEPLOYMENT
PROGRAM.—Section 
322(h)(3) of title 23, United States Code, is amend-
ed by striking ‘‘block grant’’. 
(7) 
TRAINING
AND
EDUCATION.—Section 
504(a)(4) of title 23, United States Code, is amend-
ed by striking ‘‘block grant’’. 
SEC. 1206. TRANSPORTATION ALTERNATIVES PROGRAM. 
Section 133(h) of title 23, United States Code, is 
amended to read as follows: 
‘‘(h) TRANSPORTATION
ALTERNATIVES
PROGRAM 
SET-ASIDE.— 
‘‘(1) SET ASIDE.—For each fiscal year, of the 
total funds apportioned to all States under section 
104(b)(2) for a fiscal year, the Secretary shall set 
aside an amount such that—
225 
‘‘(A) the Secretary sets aside a total 
amount under this subsection for a fiscal year 
equal to 10 percent of such total funds; and 
‘‘(B) the State’s share of the amount set 
aside under subparagraph (A) is determined by 
multiplying the amount set aside under sub-
paragraph (A) by the ratio that— 
‘‘(i) the amount apportioned to the 
State for the transportation enhancement 
program for fiscal year 2009 under section 
133(d)(2), as in effect on the day before 
the date of enactment of MAP–21; bears 
to 
‘‘(ii) the total amount of funds appor-
tioned to all States for the transportation 
enhancements program for fiscal year 
2009. 
‘‘(2) ALLOCATION WITHIN A STATE.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), funds set aside for a State 
under paragraph (1) shall be obligated within 
that State in the manner described in sub-
sections (d) and (e), except that, for purposes 
of this paragraph (after funds are made avail-
able under paragraph (5))—
226 
‘‘(i) for each fiscal year, the percent-
age referred to in paragraph (1)(A) of sub-
section (d) shall be deemed to be 66 per-
cent; and 
‘‘(ii) paragraph (3) of subsection (d) 
shall not apply. 
‘‘(B) LOCAL CONTROL.— 
‘‘(i) IN GENERAL.—A State may make 
available up to 100 percent of the funds 
set aside under paragraph (1) to the enti-
ties described in subclause (I) if the State 
submits to the Secretary, and the Sec-
retary approves, a plan that describes— 
‘‘(I) how such funds shall be 
made available to metropolitan plan-
ning organizations, regional transpor-
tation planning organizations, coun-
ties, or other regional transportation 
authorities; 
‘‘(II) how the entities described 
in subclause (I) shall select projects 
for funding and how such entities 
shall report selected projects to the 
State;
227 
‘‘(III) the legal, financial, and 
technical capacity of such entities; and 
‘‘(IV) the procedures in place to 
ensure such entities comply with the 
requirements of this title. 
‘‘(ii) REQUIREMENT.—A State that 
makes funding available under a plan ap-
proved under this subparagraph shall make 
available an equivalent amount of obliga-
tion authority to an entity described in 
clause (i)(I) to whom funds are made 
available under this subparagraph. 
‘‘(3) ELIGIBLE
PROJECTS.—Funds set aside 
under this subsection may be obligated for any of 
the following projects or activities: 
‘‘(A) Construction, planning, and design of 
on-road and off-road trail facilities for pedes-
trians, bicyclists, and other nonmotorized forms 
of transportation, including sidewalks, bicycle 
infrastructure, pedestrian and bicycle signals, 
traffic calming techniques, lighting and other 
safety-related infrastructure, and transportation 
projects to achieve compliance with the Ameri-
cans with Disabilities Act of 1990 (42 U.S.C. 
12101 et seq.).
228 
‘‘(B) Construction, planning, and design of 
infrastructure-related projects and systems that 
will provide safe routes for nondrivers, includ-
ing children, older adults, and individuals with 
disabilities to access daily needs. 
‘‘(C) Conversion and use of abandoned 
railroad corridors for trails for pedestrians, 
bicyclists, or other nonmotorized transportation 
users. 
‘‘(D) Construction of turnouts, overlooks, 
and viewing areas. 
‘‘(E) Community improvement activities, 
including— 
‘‘(i) inventory, control, or removal of 
outdoor advertising; 
‘‘(ii) historic preservation and reha-
bilitation of historic transportation facili-
ties; 
‘‘(iii) vegetation management prac-
tices in transportation rights-of-way to im-
prove roadway safety, prevent against 
invasive species, facilitate wildfire control, 
and provide erosion control; and
229 
‘‘(iv) archaeological activities relating 
to impacts from implementation of a trans-
portation project eligible under this title. 
‘‘(F) Any environmental mitigation activ-
ity, including pollution prevention and pollution 
abatement activities and mitigation to address 
stormwater management, control, and water 
pollution prevention or abatement related to 
highway construction or due to highway runoff, 
including activities described in sections 328(a) 
and 329. 
‘‘(G) Projects and strategies to reduce ve-
hicle-caused wildlife mortality related to, or to 
restore and maintain connectivity among terres-
trial or aquatic habitats affected by, a transpor-
tation facility otherwise eligible for assistance 
under this subsection. 
‘‘(H) The recreational trails program 
under section 206. 
‘‘(I) The safe routes to school program 
under section 211. 
‘‘(J) Activities in furtherance of a vulner-
able road user assessment described in section 
148.
230 
‘‘(K) Any other projects or activities de-
scribed in section 101(a)(29) or section 213, as 
such sections were in effect on the day before 
the date of enactment of the FAST Act (Public 
Law 114–94). 
‘‘(4) ACCESS TO FUNDS.— 
‘‘(A) IN GENERAL.—A State, metropolitan 
planning organization required to obligate funds 
in accordance with paragraph (2)(A), or an en-
tity required to obligate funds in accordance 
with paragraph (2)(B) shall develop a competi-
tive process to allow eligible entities to submit 
projects for funding that achieve the objectives 
of this subsection. A metropolitan planning or-
ganization for an area described in subsection 
(d)(1)(A)(i) shall select projects under such 
process in consultation with the relevant State. 
‘‘(B) ELIGIBLE ENTITY DEFINED.—In this 
paragraph, the term ‘eligible entity’ means— 
‘‘(i) a local government, including a 
county or multi-county special district; 
‘‘(ii) a regional transportation author-
ity; 
‘‘(iii) a transit agency;
231 
‘‘(iv) a natural resource or public land 
agency; 
‘‘(v) a school district, local education 
agency, or school; 
‘‘(vi) a tribal government; 
‘‘(vii) a metropolitan planning organi-
zation that serves an urbanized area with 
a population of 200,000 or fewer; 
‘‘(viii) a nonprofit organization car-
rying out activities related to transpor-
tation; 
‘‘(ix) any other local or regional gov-
ernmental entity with responsibility for or 
oversight of transportation or recreational 
trails (other than a metropolitan planning 
organization that serves an urbanized area 
with a population of over 200,000 or a 
State agency) that the State determines to 
be eligible, consistent with the goals of this 
subsection; and 
‘‘(x) a State, at the request of any en-
tity listed in clauses (i) through (ix). 
‘‘(5) 
CONTINUATION
OF
CERTAIN
REC-
REATIONAL TRAILS PROJECTS.—
232 
‘‘(A) IN GENERAL.—For each fiscal year, a 
State shall— 
‘‘(i) obligate an amount of funds set 
aside under this subsection equal to 175 
percent of the amount of the funds appor-
tioned to the State for fiscal year 2009 
under section 104(h)(2), as in effect on the 
day before the date of enactment of MAP– 
21, for projects relating to recreational 
trails under section 206; 
‘‘(ii) return 1 percent of the funds de-
scribed in clause (i) to the Secretary for 
the administration of such program; and 
‘‘(iii) comply with the provisions of 
the administration of the recreational trails 
program under section 206, including the 
use of apportioned funds described in sub-
section (d)(3)(A) of such section. 
‘‘(B) STATE FLEXIBILITY.—A State may 
opt out of the recreational trails program under 
this paragraph if the Governor of the State no-
tifies the Secretary not later than 30 days prior 
to the date on which an apportionment is made 
under section 104 for any fiscal year.
233 
‘‘(6) IMPROVING
ACCESSIBILITY
AND
EFFI-
CIENCY.— 
‘‘(A) IN GENERAL.—A State may use an 
amount equal to not more than 5 percent of the 
funds set aside for the State under this sub-
section, after allocating funds in accordance 
with paragraph (2)(A), to improve the ability of 
applicants to access funding for projects under 
this subsection in an efficient and expeditious 
manner by providing— 
‘‘(i) to applicants for projects under 
this subsection application assistance, tech-
nical assistance, and assistance in reducing 
the period of time between the selection of 
the project and the obligation of funds for 
the project; and 
‘‘(ii) funding for one or more full-time 
State employee positions to administer this 
subsection. 
‘‘(B) USE
OF
FUNDS.—Amounts used 
under subparagraph (A) may be expended— 
‘‘(i) directly by the State; or 
‘‘(ii) through contracts with State 
agencies, private entities, or nonprofit enti-
ties.
234 
‘‘(7) FEDERAL SHARE.— 
‘‘(A) FLEXIBLE MATCH.— 
‘‘(i) IN
GENERAL.—Notwithstanding 
section 120— 
‘‘(I) the non-Federal share for a 
project under this subsection may be 
calculated on a project, multiple- 
project, or program basis; and 
‘‘(II) the Federal share of the 
cost of an individual project in this 
subsection may be up to 100 percent. 
‘‘(ii) 
AGGREGATE
NON-FEDERAL 
SHARE.—The average annual non-Federal 
share of the total cost of all projects for 
which funds are obligated under this sub-
section in a State for a fiscal year shall be 
not less than the non-Federal share au-
thorized for the State under section 
120(b). 
‘‘(iii) REQUIREMENT.—This subpara-
graph shall only apply to a State if such 
State has adequate financial controls, as 
certified by the Secretary, to account for 
the average annual non-Federal share 
under this subparagraph.
235 
‘‘(B) 
SAFETY
PROJECTS.—Notwith-
standing section 120, funds made available to 
carry out section 148 may be credited toward 
the non-Federal share of the costs of a project 
under this subsection if the project— 
‘‘(i) is a project described in section 
148(e)(1); and 
‘‘(ii) is consistent with the State stra-
tegic highway safety plan (as defined in 
section 148(a)). 
‘‘(8) FLEXIBILITY.— 
‘‘(A) STATE AUTHORITY.— 
‘‘(i) IN GENERAL.—A State may use 
not more than 50 percent of the funds set 
aside under this subsection that are avail-
able for obligation in any area of the State 
(suballocated consistent with the require-
ments of subsection (d)(1)(B)) for any 
purpose eligible under subsection (b). 
‘‘(ii) RESTRICTION.—Funds may be 
used as described in clause (i) only if the 
State demonstrates to the Secretary— 
‘‘(I) that the State held a com-
petition in compliance with the re-
quirements of this subsection in such
236 
form as the Secretary determines ap-
propriate; 
‘‘(II) that the State offered tech-
nical assistance to all eligible entities 
and provided such assistance upon re-
quest by an eligible entity; and 
‘‘(III) that there were not suffi-
cient suitable applications from eligi-
ble entities to use the funds described 
in clause (i). 
‘‘(B) MPO AUTHORITY.— 
‘‘(i) IN
GENERAL.—A metropolitan 
planning organization that represents an 
urbanized area with a population of great-
er than 200,000 may use not more than 
50 percent of the funds set aside under 
this subsection for an urbanized area de-
scribed in subsection (d)(1)(A)(i) for any 
purpose eligible under subsection (b). 
‘‘(ii) RESTRICTION.—Funds may be 
used as described in clause (i) only if the 
Secretary certifies that the metropolitan 
planning organization— 
‘‘(I) held a competition in compli-
ance with the requirements of this
237 
subsection in such form as the Sec-
retary determines appropriate; and 
‘‘(II) demonstrates that there 
were not sufficient suitable applica-
tions from eligible entities to use the 
funds described in clause (i). 
‘‘(9) ANNUAL REPORTS.— 
‘‘(A) IN GENERAL.—Each State or metro-
politan planning organization responsible for 
carrying out the requirements of this subsection 
shall submit to the Secretary an annual report 
that describes— 
‘‘(i) the number of project applica-
tions received for each fiscal year, includ-
ing— 
‘‘(I) the aggregate cost of the 
projects for which applications are re-
ceived; and 
‘‘(II) the types of projects to be 
carried out, expressed as percentages 
of the total apportionment of the 
State under this subsection; and 
‘‘(ii) the list of each project selected 
for funding for each fiscal year, including 
specifying the fiscal year for which the
238 
project was selected, the fiscal year in 
which the project is anticipated to be fund-
ed, the recipient, the location, the type, 
and a brief description. 
‘‘(B) PUBLIC
AVAILABILITY.—The Sec-
retary shall make available to the public, in a 
user-friendly format on the website of the De-
partment of Transportation, a copy of each an-
nual report submitted under subparagraph 
(A).’’. 
SEC. 1207. BRIDGE INVESTMENT. 
(a) IN GENERAL.—Section 144 of title 23, United 
States Code, is amended— 
(1) in the section heading by striking ‘‘Na-
tional bridge and tunnel inventory and 
inspection 
standards’’ 
and 
inserting 
‘‘Bridges and tunnels’’; 
(2) in subsection (a)(1)(B) by striking ‘‘defi-
cient’’; 
(3) in subsection (b)(5) by striking ‘‘struc-
turally deficient bridge’’ and inserting ‘‘bridge classi-
fied as in poor condition’’; 
(4) in subsection (d)— 
(A) in paragraph (2) by striking ‘‘Not 
later than 2 years after the date of enactment
239 
of the MAP–21, each’’ and inserting ‘‘Each’’; 
and 
(B) by striking paragraph (4); 
(5) in subsection (j)— 
(A) in paragraph (2) by inserting ‘‘, 124,’’ 
after ‘‘section 119’’; 
(B) in paragraph (3)(A) by inserting ‘‘, 
124,’’ after ‘‘section 119’’; and 
(C) in paragraph (5) by striking ‘‘financial 
characteristics’’ and all that follows through the 
end and inserting ‘‘Federal share.’’; and 
(6) by adding at the end the following: 
‘‘(l) HIGHWAY BRIDGE REPLACEMENT AND REHA-
BILITATION.— 
‘‘(1) GOALS.—The goals of this subsection shall 
be to— 
‘‘(A) support the achievement of a state of 
good repair for the Nation’s bridges; 
‘‘(B) improve the safety, efficiency, and re-
liability of the movement of people and freight 
over bridges; and 
‘‘(C) improve the condition of bridges in 
the United States by reducing— 
‘‘(i) the number of bridges— 
‘‘(I) in poor condition; or
240 
‘‘(II) in fair condition and at risk 
of falling into poor condition; 
‘‘(ii) the total person miles traveled 
over bridges— 
‘‘(I) in poor condition; or 
‘‘(II) in fair condition and at risk 
of falling into poor condition; 
‘‘(iii) the number of bridges that— 
‘‘(I) do not meet current geo-
metric design standards; or 
‘‘(II) cannot meet the load and 
traffic requirements typical of the re-
gional transportation network; and 
‘‘(iv) the total person miles traveled 
over bridges that— 
‘‘(I) do not meet current geo-
metric design standards; or 
‘‘(II) cannot meet the load and 
traffic requirements typical of the re-
gional transportation network. 
‘‘(2) BRIDGES ON PUBLIC ROADS.— 
‘‘(A) MINIMUM
BRIDGE
INVESTMENT.— 
Excluding the amounts described in subpara-
graph (C), of the total funds apportioned to a 
State under paragraphs (1) and (2) of section
241 
104(b) for fiscal years 2022 to 2025, a State 
shall obligate not less than 20 percent for 
projects described in subparagraph (E). 
‘‘(B) PROGRAM FLEXIBILITY.—A State re-
quired to obligate funds under subparagraph 
(A) may use any combination of funds appor-
tioned to a State under paragraphs (1) and (2) 
of section 104(b). 
‘‘(C) 
LIMITATION.—Amounts 
described 
below may not be used for the purposes of cal-
culating or meeting the minimum bridge invest-
ment requirement under subparagraph (A)— 
‘‘(i) amounts described in section 
133(d)(1)(A); 
‘‘(ii) amounts set aside under section 
133(h); and 
‘‘(iii) amounts described in section 
505(a). 
‘‘(D) RULE OF CONSTRUCTION.—Nothing 
in this section shall be construed to prohibit the 
expenditure of funds described in subparagraph 
(C) for bridge projects eligible under such sec-
tion. 
‘‘(E) ELIGIBLE
PROJECTS.—Funds re-
quired to be obligated in accordance with para-
242 
graph (2)(A) may be obligated for projects or 
activities that— 
‘‘(i) are otherwise eligible under either 
section 119 or section 133, as applicable; 
‘‘(ii) support the achievement of per-
formance targets of the State established 
under section 150 or provide support for 
the condition and performance of bridges 
on public roads within the State; and 
‘‘(iii) remove a bridge classified as in 
poor condition in order to improve commu-
nity connectivity, or replace, reconstruct, 
rehabilitate, preserve, or protect a bridge 
included on the national bridge inventory 
authorized by subsection (b), including 
through— 
‘‘(I) seismic retrofits; 
‘‘(II) systematic preventive main-
tenance; 
‘‘(III) installation of scour coun-
termeasures; 
‘‘(IV) the use of innovative mate-
rials that extend the service life of the 
bridge and reduce preservation costs,
243 
as compared to conventionally de-
signed and constructed bridges; 
‘‘(V) the use of nontraditional 
production techniques, including fac-
tory prefabrication; 
‘‘(VI) painting for purposes of 
bridge protection; 
‘‘(VII) application of calcium 
magnesium acetate, sodium acetate/ 
formate, or other environmentally ac-
ceptable, minimally corrosive anti- 
icing and deicing compositions; 
‘‘(VIII) corrosion control; 
‘‘(IX) construction of protective 
features (including natural infrastruc-
ture) alone or in combination with 
other activities eligible under this 
paragraph to enhance resilience of a 
bridge; 
‘‘(X) bridge security counter-
measures; 
‘‘(XI) impact protection meas-
ures for bridges; 
‘‘(XII) inspection and evaluation 
of bridges; and
244 
‘‘(XIII) training for bridge in-
spectors consistent with subsection (i). 
‘‘(F) BUNDLES
OF
PROJECTS.—A State 
may use a bundle of projects as described in 
subsection (j) to satisfy the requirements of 
subparagraph (A), if each project in the bundle 
is otherwise eligible under subparagraph (E). 
‘‘(G) FLEXIBILITY.—The Secretary may, 
at the request of a State, reduce the required 
obligation under subparagraph (A) if— 
‘‘(i) the reduction is consistent with a 
State’s asset management plan for the Na-
tional Highway System; 
‘‘(ii) the reduction will not limit a 
State’s ability to meet its performance tar-
gets under section 150 or to improve the 
condition and performance of bridges on 
public roads within the State; and 
‘‘(iii) the State demonstrates that it 
has inadequate needs to justify the expend-
iture. 
‘‘(H) BRIDGE INVESTMENT REPORT.—The 
Secretary shall annually publish on the website 
of the Department of Transportation a bridge 
investment report that includes—
245 
‘‘(i) the total Federal funding obli-
gated for bridge projects in the most re-
cent fiscal year, on a State-by-State basis 
and broken out by Federal program; 
‘‘(ii) the total Federal funding obli-
gated, on a State-by-State basis and bro-
ken out by Federal program, for bridge 
projects carried out pursuant to the min-
imum 
bridge 
investment 
requirements 
under subparagraph (A); 
‘‘(iii) the progress made by each State 
toward meeting the minimum bridge in-
vestment requirement under subparagraph 
(A) for such State, both cumulatively and 
for the most recent fiscal year; 
‘‘(iv) a summary of— 
‘‘(I) each request made under 
subparagraph (G) by a State for a re-
duction in the minimum bridge invest-
ment requirement under subpara-
graph (A); and 
‘‘(II) for each request described 
in subclause (I) that is granted by the 
Secretary—
246 
‘‘(aa) the percentage and 
dollar amount of the reduction; 
and 
‘‘(bb) an explanation of how 
the State met each of the criteria 
described in subparagraph (G); 
and 
‘‘(v) a summary of— 
‘‘(I) each request made by a 
State for a reduction in the obligation 
requirements under section 133(f); 
and 
‘‘(II) for each request that is 
granted by the Secretary— 
‘‘(aa) the percentage and 
dollar amount of the reduction; 
and 
‘‘(bb) an explanation of how 
the Secretary made the deter-
mination 
under 
section 
133(f)(2)(B). 
‘‘(I) OFF-SYSTEM BRIDGES.—A State may 
apply amounts obligated under this subsection 
or section 133(f)(2)(A) to the obligation re-
247 
quirements of both this subsection and section 
133(f). 
‘‘(J) NHS PENALTY.—A State may apply 
amounts obligated under this subsection or sec-
tion 119(f)(2) to the obligation requirements of 
both this subsection and section 119(f)(2). 
‘‘(K) COMPLIANCE.—If a State fails to 
satisfy the requirements of subparagraph (A) 
by the end of fiscal year 2025, the Secretary 
may subject the State to appropriate program 
sanctions under section 1.36 of title 23, Code of 
Federal Regulations (or successor regula-
tions).’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 1 of title 23, United States Code, is amended by strik-
ing the item relating to section 144 and inserting the fol-
lowing: 
‘‘144. Bridges and tunnels.’’. 
SEC. 1208. CONSTRUCTION OF FERRY BOATS AND FERRY 
TERMINAL FACILITIES. 
Section 147 of title 23, United States Code, is 
amended— 
(1) by striking subsection (h); and 
(2) by redesignating subsections (i) and (j) as 
subsections (h) and (i), respectively.
248 
SEC. 1209. HIGHWAY SAFETY IMPROVEMENT PROGRAM. 
(a) IN GENERAL.—Section 148 of title 23, United 
States Code, is amended— 
(1) in subsection (a)— 
(A) in paragraph (4)(B)— 
(i) by striking ‘‘only includes a 
project’’ 
and 
inserting 
‘‘includes 
a 
project’’; 
(ii) in clause (xiii) by inserting ‘‘, in-
cluding the development of a vulnerable 
road user safety assessment or a vision 
zero plan under section 1601 of the IN-
VEST in America Act’’ after ‘‘safety plan-
ning’’; 
(iii) by amending clause (xviii) to read 
as follows: 
‘‘(xviii) Safe routes to school infra-
structure-related projects eligible under 
section 211.’’; 
(iv) in clause (xxvi) by inserting ‘‘or 
leading pedestrian intervals’’ after ‘‘hybrid 
beacons’’; and 
(v) by striking clause (xxviii) and in-
serting the following: 
‘‘(xxviii) A pedestrian security feature 
designed to slow or stop a motor vehicle.
249 
‘‘(xxix) Installation of infrastructure 
improvements, including sidewalks, cross-
walks, signage, and bus stop shelters or 
protected waiting areas.’’; 
(B) in paragraph (11)— 
(i) in subparagraph (A)— 
(I) in clause (ix) by striking 
‘‘and’’ at the end; 
(II) by redesignating clause (x) 
as clause (xi); and 
(III) by inserting after clause (ix) 
the following: 
‘‘(x) State or local representatives of 
educational agencies to address safe routes 
to school and schoolbus safety; and’’; 
(ii) in subparagraph (E) by inserting 
‘‘Tribal,’’ after ‘‘State,’’; 
(iii) by redesignating subparagraphs 
(G), (H), and (I) as subparagraphs (H), 
(I), and (J), respectively; and 
(iv) by inserting after subparagraph 
(F) the following: 
‘‘(G) includes a vulnerable road user safety 
assessment described under paragraph (16);’’;
250 
(C) by redesignating paragraphs (10), 
(11), and (12) as paragraphs (12), (13), and 
(14), respectively; 
(D) by inserting after paragraph (9) the 
following: 
‘‘(10) SAFE
SYSTEM
APPROACH.—The term 
‘safe system approach’ means a roadway design that 
emphasizes minimizing the risk of injury or fatality 
to road users and that— 
‘‘(A) takes into consideration the possi-
bility and likelihood of human error; 
‘‘(B) accommodates human injury toler-
ance by taking into consideration likely crash 
types, resulting impact forces, and the human 
body’s ability to withstand such forces; and 
‘‘(C) takes into consideration vulnerable 
road users. 
‘‘(11) SPECIFIED SAFETY PROJECT.— 
‘‘(A) IN
GENERAL.—The term ‘specified 
safety project’ means a project carried out for 
the purpose of safety under any other section of 
this title that is consistent with the State stra-
tegic highway safety plan. 
‘‘(B) INCLUSION.—The term ‘specified 
safety project’ includes a project that—
251 
‘‘(i) promotes public awareness and 
informs the public regarding highway safe-
ty matters (including safety for motorcy-
clists, bicyclists, pedestrians, individuals 
with disabilities, and other road users); 
‘‘(ii) facilitates enforcement of traffic 
safety laws; 
‘‘(iii) provides infrastructure and in-
frastructure-related equipment to support 
emergency services; 
‘‘(iv) conducts safety-related research 
to evaluate experimental safety counter-
measures or equipment; or 
‘‘(v) supports safe routes to school 
noninfrastructure-related 
activities 
de-
scribed under section 211(e)(2).’’; and 
(E) by adding at the end the following: 
‘‘(15) VULNERABLE
ROAD
USER.—The term 
‘vulnerable road user’ means a nonmotorist— 
‘‘(A) with a fatality analysis reporting sys-
tem person attribute code that is included in 
the definition of the term ‘number of non-mo-
torized fatalities’ in section 490.205 of title 23, 
Code of Federal Regulations (or successor regu-
lation); or
252 
‘‘(B) described in the term ‘number of 
non-motorized serious injuries’ in such section. 
‘‘(16) VULNERABLE
ROAD
USER
SAFETY
AS-
SESSMENT.—The term ‘vulnerable road user safety 
assessment’ means an assessment of the safety per-
formance of the State or a metropolitan planning or-
ganization within the State with respect to vulner-
able road users and the plan of the State or metro-
politan planning organization to improve the safety 
of vulnerable road users described in subsection 
(l).’’; 
(2) in subsection (c)— 
(A) in paragraph (1) by striking ‘‘(a)(11)’’ 
and inserting ‘‘(a)(13)’’; and 
(B) in paragraph (2)— 
(i) in subparagraph (A)(vi) by insert-
ing ‘‘, consistent with the vulnerable road 
user 
safety 
assessment’’ 
after 
‘‘non-
motorized crashes’’; 
(ii) in subparagraph (B)(i)— 
(I) by inserting ‘‘, consistent with 
a safe system approach,’’ after ‘‘iden-
tify’’;
253 
(II) by inserting ‘‘excessive de-
sign speeds and speed limits,’’ after 
‘‘crossing needs,’’; and 
(III) by striking ‘‘motorists (in-
cluding motorcyclists), bicyclists, pe-
destrians, and other highway users’’ 
and inserting ‘‘road users’’; and 
(iii) in subparagraph (D)(iii) by strik-
ing ‘‘motorists (including motorcyclists), 
bicyclists, pedestrians, persons with disabil-
ities, and other highway users’’ and insert-
ing ‘‘road users’’; 
(3) in subsection (d)— 
(A) in paragraph (1)— 
(i) in subparagraph (A) by striking 
‘‘Not later than 1 year after the date of 
enactment of the MAP–21, the’’ and in-
serting ‘‘The’’; and 
(ii) in subparagraph (B)— 
(I) in clause (iv) by inserting 
‘‘and serious injury’’ after ‘‘fatality’’; 
(II) in clause (vii) by striking ‘‘; 
and’’ and inserting a semicolon; 
(III) 
by 
redesignating 
clause 
(viii) as clause (ix); and
254 
(IV) by inserting after clause 
(vii) the following: 
‘‘(viii) the findings of a vulnerable 
road user safety assessment of the State; 
and’’; and 
(B) in paragraph (2)(B)(i) by striking 
‘‘subsection (a)(11)’’ and inserting ‘‘subsection 
(a)(13)’’; 
(4) in subsection (e)— 
(A) in paragraph (1)(C) by striking ‘‘, 
without regard to whether the project is in-
cluded in an applicable State strategic highway 
safety plan’’; and 
(B) by adding at the end the following: 
‘‘(3) FLEXIBLE FUNDING FOR SPECIFIED SAFE-
TY PROJECTS.— 
‘‘(A) IN GENERAL.—To advance the imple-
mentation of a State strategic highway safety 
plan, a State may use not more than 10 percent 
of the amounts apportioned to the State under 
section 104(b)(3) for a fiscal year to carry out 
specified safety projects. 
‘‘(B) RULE
OF
STATUTORY
CONSTRUC-
TION.—Nothing in this paragraph shall be con-
strued to require a State to revise any State
255 
process, plan, or program in effect on the date 
of enactment of this paragraph. 
‘‘(C) EFFECT OF PARAGRAPH.— 
‘‘(i) 
REQUIREMENTS.—A 
project 
funded under this paragraph shall be sub-
ject to all requirements under this section 
that apply to a highway safety improve-
ment project. 
‘‘(ii) 
OTHER
APPORTIONED
PRO-
GRAMS.—Subparagraph (A) shall not apply 
to amounts that may be obligated for non-
infrastructure projects apportioned under 
any other paragraph of section 104(b).’’; 
(5) in subsection (g)— 
(A) by amending paragraph (1) to read as 
follows: 
‘‘(1) HIGH-RISK RURAL ROAD SAFETY.— 
‘‘(A) IN GENERAL.—If a State determines 
that the fatality rate on rural roads in such 
State for the most recent 2-year period for 
which data are available exceeds the median fa-
tality rate for rural roads among all States, 
that State shall be required to— 
‘‘(i) obligate over the 2 fiscal years 
following the fiscal year in which such de-
256 
termination is made for projects on high- 
risk rural roads an amount not less than 
7.5 percent of the amounts apportioned to 
the State under section 104(b)(3) for fiscal 
year 2020; and 
‘‘(ii) include, in the subsequent update 
to the State strategic highway safety plan, 
strategies to reduce the fatality rate. 
‘‘(B) SOURCE OF FUNDS.—Any amounts 
obligated under subparagraph (A) shall be from 
amounts described under section 133(d)(1)(B). 
‘‘(C) ANNUAL DETERMINATION.—The de-
termination described under subparagraph (A) 
shall be made on an annual basis. 
‘‘(D) CONSULTATION.—In carrying out a 
project with an amount obligated under sub-
paragraph (A), a State shall consult with, as 
applicable, 
local 
governments, 
metropolitan 
planning organizations, and regional transpor-
tation planning organizations.’’; 
(B) in paragraph (2)— 
(i) in the heading by striking ‘‘DRIV-
ERS’’ and inserting ‘‘ROAD USERS’’; and 
(ii) by striking ‘‘address the increases 
in’’ and inserting ‘‘reduce’’; and
257 
(C) by adding at the end the following: 
‘‘(3) VULNERABLE ROAD USER SAFETY.— 
‘‘(A) IN GENERAL.—Beginning on the date 
of enactment of the INVEST in America Act, 
if a State determines that the number of vul-
nerable road user fatalities and serious injuries 
per capita in such State over the most recent 
2-year period for which data are available ex-
ceeds the median number of such fatalities and 
serious injuries per capita among all States, 
that State shall be required to obligate over the 
2 fiscal years following the fiscal year in which 
such determination is made an amount that is 
not less than 50 percent of the amount set 
aside in such State under section 133(h)(1) for 
fiscal year 2020, less any amounts obligated by 
a metropolitan planning organization in the 
State as required by subparagraph (D), for— 
‘‘(i) in the first fiscal year— 
‘‘(I) performing the vulnerable 
user safety assessment as prescribed 
by subsection (l); 
‘‘(II) providing matching funds 
for transportation alternatives safety
258 
project 
as 
identified 
in 
section 
133(h)(7)(B); and 
‘‘(III) projects eligible under sec-
tion 133(h)(3)(A), (B), (C), or (I); 
and 
‘‘(ii) in each fiscal year thereafter, the 
program of projects identified in subsection 
(l)(2)(C). 
‘‘(B) SOURCE OF FUNDS.—Any amounts 
obligated under subparagraph (A) shall be from 
amounts described in section 133(d)(1)(B). 
‘‘(C) ANNUAL DETERMINATION.—The de-
termination described under subparagraph (A) 
shall be made on an annual basis. 
‘‘(D) METROPOLITAN
PLANNING
AREA 
WITH EXCESSIVE FATALITIES AND SERIOUS IN-
JURIES PER CAPITA.— 
‘‘(i) ANNUAL
DETERMINATION.—Be-
ginning on the date of enactment of the 
INVEST in America Act, a metropolitan 
planning organization representing an ur-
banized area with a population greater 
than 200,000 shall annually determine the 
number of vulnerable user road fatalities
259 
and serious injuries per capita in such area 
over the most recent 2-year period. 
‘‘(ii) REQUIREMENT
TO
OBLIGATE 
FUNDS.—If such a metropolitan planning 
area organization determines that the 
number of vulnerable user road fatalities 
and serious injuries per capita in such area 
over the most recent 2-year period for 
which data are available exceeds the me-
dian number of such fatalities and serious 
injuries among all urbanized areas with a 
population of over 200,000, then there 
shall be obligated over the 2 fiscal years 
following the fiscal year in which such de-
termination is made an amount that is not 
less than 50 percent of the amount set 
aside for that urbanized area under section 
133(h)(2) for fiscal year 2020 for projects 
identified in the program of projects de-
scribed in subsection (l)(7)(C). 
‘‘(E) SOURCE OF FUNDS.— 
‘‘(i) METROPOLITAN PLANNING ORGA-
NIZATION IN STATE REQUIRED TO OBLI-
GATE
FUNDS.—For a metropolitan plan-
ning organization in a State required to
260 
obligate funds to vulnerable user safety 
under subparagraph (A), the State shall be 
required to obligate from such amounts re-
quired to be obligated for vulnerable road 
user safety under subparagraph (B) for 
projects described in subsection (l)(7). 
‘‘(ii) OTHER
METROPOLITAN
PLAN-
NING
ORGANIZATIONS.—For a metropoli-
tan planning organization that is not lo-
cated within a State required to obligate 
funds to vulnerable user safety under sub-
paragraph (A), the State shall be required 
to obligate from amounts apportioned 
under section 104(b)(3) for projects de-
scribed in subsection (l)(7).’’; 
(6) in subsection (h)(1)(A) by inserting ‘‘, in-
cluding any efforts to reduce vehicle speed’’ after 
‘‘under this section’’; and 
(7) by adding at the end the following: 
‘‘(l) VULNERABLE ROAD USER SAFETY ASSESS-
MENT.— 
‘‘(1) IN GENERAL.—Not later than 1 year after 
date of enactment of the INVEST in America Act, 
each State shall create a vulnerable road user safety 
assessment.
261 
‘‘(2) CONTENTS.—A vulnerable road user safety 
assessment required under paragraph (1) shall in-
clude— 
‘‘(A) a description of the location within 
the State of each vulnerable road user fatality 
and serious injury and the design speed of the 
roadway at any such location; 
‘‘(B) a description of any corridors identi-
fied by a State, in coordination with local gov-
ernments, metropolitan planning organizations, 
and regional transportation planning organiza-
tions that pose a high risk of a vulnerable road 
user fatality or serious injury and the design 
speeds of such corridors; and 
‘‘(C) a program of projects or strategies to 
reduce safety risks to vulnerable road users in 
corridors identified under subparagraph (B), in 
coordination with local governments, metropoli-
tan planning organizations, and regional trans-
portation planning organizations that represent 
a high-risk area identified under subparagraph 
(B). 
‘‘(3) ANALYSIS.—In creating a vulnerable road 
user safety assessment under this subsection, a 
State shall assess the last 5 years of available data.
262 
‘‘(4) REQUIREMENTS.—In creating a vulnerable 
road user safety assessment under this subsection, a 
State shall— 
‘‘(A) take into consideration a safe system 
approach; and 
‘‘(B) coordinate with local governments, 
metropolitan planning organizations, and re-
gional transportation planning organizations 
that represent a high-risk area identified under 
paragraph (2)(B). 
‘‘(5) UPDATE.—A State shall update a vulner-
able road user safety assessment on the same sched-
ule as the State updates the State strategic highway 
safety plan. 
‘‘(6) TRANSPORTATION SYSTEM ACCESS.—The 
program of projects developed under paragraph 
(2)(C) may not degrade transportation system ac-
cess for vulnerable road users. 
‘‘(7) METROPOLITAN PLANNING AREA ASSESS-
MENTS.—A metropolitan planning organization that 
represents an urbanized area with a population 
greater than 200,000 shall complete a vulnerable 
user safety assessment based on the most recent 5 
years of available data, unless an assessment was 
completed in the previous 5 years, including—
263 
‘‘(A) a description of the location within 
the urbanized area of each vulnerable road user 
fatality and serious injury and the design speed 
of the roadway at any such location; 
‘‘(B) a description of any corridors that 
represent a high-risk area identified under 
paragraph (2)(B) that pose a high risk of a vul-
nerable road user fatality or serious injury and 
the design speeds of such corridors; and 
‘‘(C) a program of projects or strategies to 
reduce safety risks to vulnerable road users in 
corridors identified under subparagraph (B).’’. 
(b) TECHNICAL AMENDMENT.—Section 148 of title 
23, United States Code, is amended— 
(1) in the heading for subsection (a)(8) by 
striking ‘‘ROAD
USERS’’ and inserting ‘‘ROAD 
USER’’; and 
(2) in subsection (i)(2)(D) by striking ‘‘safety 
safety’’ and inserting ‘‘safety’’. 
(c) HIGH-RISK RURAL ROADS.— 
(1) STUDY.—Not later than 2 years after the 
date of enactment of this Act, the Secretary of 
Transportation shall update the study described in 
paragraph (1) of section 1112(b) of MAP–21 (23 
U.S.C. 148 note).
264 
(2) PUBLICATION OF REPORT.—Not later than 
2 years after the date of enactment of this Act, the 
Secretary shall publish on the website of the Depart-
ment of Transportation an updated report of the re-
port described in paragraph (2) of section 1112(b) 
of MAP–21 (23 U.S.C. 148 note). 
(3) BEST PRACTICES MANUAL.—Not later than 
180 days after the date of submission of the report 
described in paragraph (2), the Secretary shall up-
date the best practices manual described in section 
1112(b)(3) of MAP–21 (23 U.S.C. 148 note). 
SEC. 1210. CONGESTION MITIGATION AND AIR QUALITY IM-
PROVEMENT PROGRAM. 
Section 149 of title 23, United States Code, is 
amended— 
(1) in subsection (b)— 
(A) in paragraph (1)(A)(ii) by striking 
‘‘subsection (h)’’ and inserting ‘‘subsection (i)’’; 
(B) in paragraph (7) by inserting ‘‘shared 
micromobility (including bikesharing and shared 
scooter systems),’’ after ‘‘carsharing,’’; 
(C) in paragraph (8)(B) by striking ‘‘; or’’ 
and inserting a semicolon; 
(D) in paragraph (9) by striking the period 
and inserting ‘‘; or’’; and
266 
year 2012, or, notwithstanding subsection (b), on a 
State-supported Amtrak route with a cost-sharing 
agreement under section 209 of the Passenger Rail 
Investment and Improvement Act of 2008 or alter-
native cost allocation under section 24712(g)(3) of 
title 49. 
‘‘(2) TIME
LIMITATION.—In determining the 
amount of time for which a State may obligate funds 
under paragraph (1) for operating assistance for an 
area of a State or on a system, the Secretary shall 
allow such obligations to occur, in such area or on 
such system— 
‘‘(A) with a time limitation of not less than 
3 years; and 
‘‘(B) in the case of projects that dem-
onstrate continued net air quality benefits be-
yond 3 years, as determined annually by the 
Secretary in consultation with the Adminis-
trator of the Environmental Protection Agency, 
with no imposed time limitation.’’. 
SEC. 1211. ELECTRIC VEHICLE CHARGING STATIONS. 
(a) ELECTRIC VEHICLE CHARGING STATIONS.— 
Chapter 1 of title 23, United States Code, is amended by 
inserting after section 154 the following new section:
267 
‘‘§ 155. Electric vehicle charging stations 
‘‘(a) IN GENERAL.—Any electric vehicle charging in-
frastructure funded under this title shall be subject to the 
requirements of this section. 
‘‘(b) INTEROPERABILITY.— 
‘‘(1) IN
GENERAL.—Electric vehicle charging 
stations funded under this title shall provide, at a 
minimum, two of the following charging connector 
types at the location: 
‘‘(A) CCS. 
‘‘(B) CHAdeMO. 
‘‘(C) An alternative connector that meets 
applicable industry safety standards. 
‘‘(2) SAVINGS CLAUSE.—Nothing in this sub-
section shall prevent the use of charging types other 
than the connectors described in paragraph (1) if, at 
a minimum, such connectors meet applicable indus-
try safety standards and are compatible with a ma-
jority of electric vehicles in operation. 
‘‘(c) OPEN ACCESS TO PAYMENT.—Electric vehicle 
charging stations shall provide payment methods available 
to all members of the public to ensure secure, convenient, 
and equal access and shall not be limited by membership 
to a particular payment provider. 
‘‘(d) TREATMENT OF PROJECTS.—Notwithstanding 
any other provision of law, any project to install electric
268 
vehicle charging infrastructure shall be treated as if the 
project is located on a Federal-aid highway.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 1 of title 23, United States Code, is amended by insert-
ing after the item relating to section 154 the following 
new item: 
‘‘155. Electric vehicle charging stations.’’. 
(c) ELECTRIC VEHICLE CHARGING SIGNAGE.—The 
Secretary of Transportation shall update the Manual on 
Uniform Traffic Control Devices to— 
(1) ensure uniformity in providing road users 
direction to electric charging stations that are open 
to the public; and 
(2) allow the use of Specific Service signs for 
electric vehicle charging station providers. 
(d) AGREEMENTS RELATING TO THE USE AND AC-
CESS
OF RIGHTS-OF-WAY
OF
THE INTERSTATE SYS-
TEM.—Section 111 of title 23, United States Code, is 
amended by adding at the end the following: 
‘‘(f) INTERSTATE SYSTEM RIGHTS-OF-WAY.— 
‘‘(1) IN GENERAL.—Notwithstanding subsection 
(a) or (b), the Secretary shall permit, consistent 
with section 155, the charging of electric vehicles on 
rights-of-way of the Interstate System in— 
‘‘(A) a rest area; or
269 
‘‘(B) a fringe or corridor parking facility, 
including a park and ride facility. 
‘‘(2) SAVINGS CLAUSE.—Nothing in this sub-
section shall permit commercial activities on rights- 
of-way of the Interstate System, except as necessary 
for the charging of electric vehicles in accordance 
with this subsection.’’. 
SEC. 1212. NATIONAL HIGHWAY FREIGHT PROGRAM. 
Section 167 of title 23, United States Code, is 
amended— 
(1) in subsection (b)— 
(A) in paragraph (6) by striking ‘‘; and’’ 
and inserting a semicolon; and 
(B) by striking paragraph (7) and insert-
ing the following: 
‘‘(7) to reduce the environmental impacts of 
freight movement on the National Highway Freight 
Network, including— 
‘‘(A) greenhouse gas emissions; 
‘‘(B) local air pollution, including local pol-
lution derived from vehicles idling at railway 
crossings; 
‘‘(C) minimizing, capturing, or treating 
stormwater runoff and addressing other adverse 
impacts to water quality; and
270 
‘‘(D) wildlife habitat loss; and 
‘‘(8) to decrease any adverse impact of freight 
transportation on communities located near freight 
facilities or freight corridors.’’; 
(2) in subsection (e) by adding at the end the 
following: 
‘‘(3) ADDITIONAL
MILEAGE.—Notwithstanding 
paragraph (2), a State that has designated at least 
90 percent of its maximum mileage described in 
paragraph (2) may designate up to an additional 
150 miles of critical rural freight corridors.’’; 
(3) in subsection (f) by adding at the end the 
following: 
‘‘(5) ADDITIONAL
MILEAGE.—Notwithstanding 
paragraph (4), a State that has designated at least 
90 percent of its maximum mileage described in 
paragraph (4) may designate up to an additional 75 
miles of critical urban freight corridors under para-
graphs (1) and (2).’’; 
(4) in subsection (h) by striking ‘‘Not later 
than’’ and all that follows through ‘‘shall prepare’’ 
and inserting ‘‘As part of the report required under 
section 503(b)(8), the Administrator shall biennially 
prepare’’; 
(5) in subsection (i)—
271 
(A) by striking paragraphs (2) and (3); 
(B) by amending paragraph (4) to read as 
follows: 
‘‘(4) FREIGHT
PLANNING.—Notwithstanding 
any other provision of law, a State may not obligate 
funds apportioned to the State under section 
104(b)(5) unless the State has developed, updated, 
or amended, as applicable, a freight plan in accord-
ance with section 70202 of title 49.’’; 
(C) in paragraph (5)— 
(i) by striking subparagraph (B) and 
inserting the following: 
‘‘(B) LIMITATION.—The Federal share of 
a project described in subparagraph (C)(xxiii) 
shall fund only elements of such project that 
provide public benefits.’’; and 
(ii) in subparagraph (C)— 
(I) in clause (iii) by inserting 
‘‘and freight management and oper-
ations systems’’ after ‘‘freight trans-
portation systems’’; and 
(II) by amending clause (xxiii) to 
read as follows: 
‘‘(xxiii) Freight intermodal or freight 
rail projects, including—
272 
‘‘(I) projects within the bound-
aries of public or private freight rail 
or water facilities (including ports); 
‘‘(II) projects that provide sur-
face transportation infrastructure nec-
essary to facilitate direct intermodal 
interchange, transfer, and access into 
or out of the facility; and 
‘‘(III) any other surface trans-
portation project to improve the flow 
of freight into or out of a facility de-
scribed in subclause (I) or (II).’’; 
(D) in paragraph (6) by striking ‘‘para-
graph (5)’’ and inserting ‘‘paragraph (3)’’; and 
(E) by redesignating paragraphs (4), (5), 
(6), and (7) as paragraphs (2), (3), (4), and 
(5), respectively; and 
(6) in subsection (k)(1)(A)(ii) by striking 
‘‘ports-of entry’’ and inserting ‘‘ports-of-entry’’. 
SEC. 1213. CARBON POLLUTION REDUCTION. 
(a) IN GENERAL.—Chapter 1 of title 23, United 
States Code, is amended by adding at the end the fol-
lowing:
273 
‘‘§ 171. Carbon pollution reduction 
‘‘(a) ESTABLISHMENT.—The Secretary shall estab-
lish a carbon pollution reduction program to support the 
reduction of greenhouse gas emissions from the surface 
transportation system. 
‘‘(b) ELIGIBLE PROJECTS.—A project is eligible for 
funding under this section if such project— 
‘‘(1) is expected to yield a significant reduction 
in greenhouse gas emissions from the surface trans-
portation system; 
‘‘(2) will help a State meet the greenhouse gas 
emissions performance targets established under sec-
tion 150(c)(7); and 
‘‘(3) is— 
‘‘(A) eligible for assistance under this title 
or under chapter 53 of title 49; or 
‘‘(B) a capital project, as such term is de-
fined in section 22906 of title 49, to improve 
intercity rail passenger transportation, provided 
that the project will yield a significant reduction 
in single occupant vehicle trips and improve 
mobility on public roads. 
‘‘(c) GUIDANCE.—The Secretary shall issue guidance 
on methods of determining the reduction of single occu-
pant vehicle trips and improvement of mobility on public
274 
roads as those factors relate to intercity rail passenger 
transportation projects under subsection (b)(4). 
‘‘(d) OPERATING EXPENSES.—A State may use not 
more than 10 percent of the funds provided under section 
104(b)(9) for the operating expenses of public 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 
‘‘(B) the average annual carbon dioxide 
emissions per capita on public roads in the 
State in calendar years 2015 through 2019.
275 
‘‘(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 
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.
276 
‘‘(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)(9) to the pro-
gram under section 104(b)(2) in any year for 
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
277 
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)(9). 
‘‘(4) LIMITATION.—The Secretary shall not 
conduct a transfer under paragraph (3)— 
‘‘(A) until the first fiscal year following the 
effective date of greenhouse gas performance 
measures under section 150(c)(7); and 
‘‘(B) with respect to a State in any fiscal 
year following the year in which such State 
achieves a reduction in carbon dioxide emissions 
per capita on public roads in such year as 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 
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
278 
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. 
SEC. 1214. RECREATIONAL TRAILS. 
Section 206 of title 23, United States Code, is 
amended by adding at the end the following: 
‘‘(j) USE OF OTHER APPORTIONED FUNDS.—Funds 
apportioned to a State under section 104(b) that are obli-
gated for recreational trails and related projects shall be 
administered as if such funds were made available for pur-
poses described under this section.’’.
279 
SEC. 1215. SAFE ROUTES TO SCHOOL PROGRAM. 
(a) IN GENERAL.—Chapter 2 of title 23, United 
States Code, is amended by inserting after section 210 the 
following: 
‘‘§ 211. Safe routes to school program 
‘‘(a) PROGRAM.—The Secretary shall carry out a safe 
routes to school program for the benefit of children in pri-
mary, middle, and high schools. 
‘‘(b) PURPOSES.—The purposes of the program shall 
be— 
‘‘(1) to enable and encourage children, includ-
ing those with disabilities, to walk and bicycle to 
school; 
‘‘(2) to make bicycling and walking to school a 
safer and more appealing transportation alternative, 
thereby encouraging a healthy and active lifestyle 
from an early age; and 
‘‘(3) to facilitate the planning, development, 
and implementation of projects and activities that 
will improve safety and reduce traffic, fuel consump-
tion, and air pollution in the vicinity of schools. 
‘‘(c) USE OF FUNDS.—Amounts apportioned to a 
State under paragraphs (2) and (3) of section 104(b) may 
be used to carry out projects, programs, and other activi-
ties under this section.
280 
‘‘(d) ELIGIBLE ENTITIES.—Projects, programs, and 
activities funded under this section may be carried out by 
eligible entities described under section 133(h)(4)(B) that 
demonstrate an ability to meet the requirements of this 
section. 
‘‘(e) ELIGIBLE PROJECTS AND ACTIVITIES.— 
‘‘(1) INFRASTRUCTURE-RELATED PROJECTS.— 
‘‘(A) IN GENERAL.—A State may obligate 
funds under this section for the planning, de-
sign, and construction of infrastructure-related 
projects that will substantially improve the abil-
ity of students to walk and bicycle to school, in-
cluding sidewalk improvements, traffic calming 
and speed reduction improvements, pedestrian 
and bicycle crossing improvements, on-street bi-
cycle facilities, off-street bicycle and pedestrian 
facilities, secure bicycle parking facilities, and 
traffic diversion improvements in the vicinity of 
schools. 
‘‘(B) LOCATION
OF
PROJECTS.—Infra-
structure-related projects under subparagraph 
(A) may be carried out on any public road or 
any bicycle or pedestrian pathway or trail in the 
vicinity of schools.
281 
‘‘(2) NONINFRASTRUCTURE-RELATED
ACTIVI-
TIES.—In addition to projects described in para-
graph (1), a State may obligate funds under this 
section for noninfrastructure-related activities to en-
courage walking and bicycling to school, including— 
‘‘(A) public awareness campaigns and out-
reach to press and community leaders; 
‘‘(B) traffic education and enforcement in 
the vicinity of schools; 
‘‘(C) student sessions on bicycle and pedes-
trian safety, health, and environment; 
‘‘(D) programs that address personal safe-
ty; and 
‘‘(E) funding for training, volunteers, and 
managers of safe routes to school programs. 
‘‘(3) SAFE
ROUTES
TO
SCHOOL
COORDI-
NATOR.—Each State receiving an apportionment 
under paragraphs (2) and (3) of section 104(b) shall 
use a sufficient amount of the apportionment to 
fund a full-time position of coordinator of the 
State’s safe routes to school program. 
‘‘(4) RURAL SCHOOL DISTRICT OUTREACH.—A 
coordinator described in paragraph (3) shall conduct 
outreach to ensure that rural school districts in the
282 
State are aware of such State’s safe routes to school 
program and any funds authorized by this section. 
‘‘(f) FEDERAL SHARE.—The Federal share of the 
cost of a project, program, or activity under this section 
shall be 100 percent. 
‘‘(g) CLEARINGHOUSE.— 
‘‘(1) IN GENERAL.—The Secretary shall main-
tain a national safe routes to school clearinghouse 
to— 
‘‘(A) develop information and educational 
programs on safe routes to school; and 
‘‘(B) provide technical assistance and dis-
seminate techniques and strategies used for 
successful safe routes to school programs. 
‘‘(2) FUNDING.—The Secretary shall carry out 
this subsection using amounts authorized to be ap-
propriated for administrative expenses under section 
104(a). 
‘‘(h) TREATMENT OF PROJECTS.—Notwithstanding 
any other provision of law, projects carried out under this 
section shall be treated as projects on a Federal-aid high-
way under chapter 1 of this title. 
‘‘(i) DEFINITIONS.—In this section, the following 
definitions apply:
283 
‘‘(1) IN THE VICINITY OF SCHOOLS.—The term 
‘in the vicinity of schools’ means, with respect to a 
school, the area within bicycling and walking dis-
tance of the school (approximately 2 miles). 
‘‘(2) PRIMARY, MIDDLE, AND HIGH SCHOOLS.— 
The term ‘primary, middle, and high schools’ means 
schools providing education from kindergarten 
through twelfth grade.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) REPEAL.—Section 1404 of SAFETEA–LU 
(Public Law 109–59; 119 Stat. 1228–1230), and 
the item relating to such section in the table of con-
tents in section 1(b) of such Act, are repealed. 
(2) ANALYSIS.—The analysis for chapter 2 of 
title 23, United States Code, is amended by insert-
ing after the item relating to section 210 the fol-
lowing: 
‘‘211. Safe routes to school program.’’. 
SEC. 1216. BICYCLE TRANSPORTATION AND PEDESTRIAN 
WALKWAYS. 
Section 217 of title 23, United States Code, is 
amended— 
(1) in subsection (d)— 
(A) by striking ‘‘104(b)(3)’’ and inserting 
‘‘104(b)(4)’’; and
284 
(B) by striking ‘‘a position’’ and inserting 
‘‘at least one full-time positions’’; 
(2) in subsection (e) by striking ‘‘bicycles’’ and 
inserting ‘‘pedestrians or bicyclists’’ each place such 
term appears; and 
(3) in subsection (j) by striking paragraph (2) 
and inserting the following: 
‘‘(2) ELECTRIC
BICYCLE.—The term ‘electric 
bicycle’ means mean a bicycle equipped with fully 
operable pedals, a saddle or seat for the rider, and 
an electric motor of less than 750 watts that can 
safely share a bicycle transportation facility with 
other users of such facility and meets the require-
ments of one of the following three classes: 
‘‘(A) CLASS
ELECTRIC
BICYCLE.—The 
term ‘class 1 electric bicycle’ means an electric 
bicycle equipped with a motor that provides as-
sistance only when the rider is pedaling, and 
that ceases to provide assistance when the bicy-
cle reaches the speed of 20 miles per hour. 
‘‘(B) CLASS
ELECTRIC
BICYCLE.—The 
term ‘class 2 electric bicycle’ means an electric 
bicycle equipped with a motor that may be used 
exclusively to propel the bicycle, and that is not
285 
capable of providing assistance when the bicycle 
reaches the speed of 20 miles per hour. 
‘‘(C) CLASS
ELECTRIC
BICYCLE.—The 
term ‘class 3 electric bicycle’ means an electric 
bicycle equipped with a motor that provides as-
sistance only when the rider is pedaling, and 
that ceases to provide assistance when the bicy-
cle reaches the speed of 28 miles per hour.’’. 
SEC. 1217. NOISE BARRIERS. 
(a) PERMITTING USE OF HIGHWAY TRUST FUND 
FOR CONSTRUCTION OF CERTAIN NOISE BARRIERS.— 
Section 339(b)(1) of the National Highway System Des-
ignation Act of 1995 (23 U.S.C. 109 note) is amended 
to read as follows: 
‘‘(1) GENERAL RULE.—No funds made avail-
able out of the Highway Trust Fund may be used 
to construct a Type II noise barrier (as defined by 
section 772.5(I) of title 23, Code of Federal Regula-
tions) pursuant to subsections (h) and (I) of section 
109 of title 23, United States Code, unless— 
‘‘(A) such a barrier is part of a project ap-
proved by the Secretary before November 28, 
1995; or 
‘‘(B) such a barrier separates a highway or 
other noise corridor from a group of structures
286 
of which the majority of those closest to the 
highway or noise corridor— 
‘‘(i) are residential in nature; and 
‘‘(ii) either— 
‘‘(I) were constructed before the 
construction or most recent widening 
of the highway or noise corridor; or 
‘‘(II) are at least 10 years old.’’. 
(b) ELIGIBILITY
FOR SURFACE TRANSPORTATION 
BLOCK GRANT FUNDS.—Section 133 of title 23, United 
States Code, is amended— 
(1) in subsection (b) by adding at the end the 
following: 
‘‘(20) Planning, design, or construction of a 
Type II noise barrier (as described in section 772.5 
of title 23, Code of Federal Regulations).’’; and 
(2) in subsection (c)(2) by inserting ‘‘and para-
graph (20)’’ after ‘‘(11)’’. 
Subtitle C—Project-Level 
Investments 
SEC. 1301. PROJECTS OF NATIONAL AND REGIONAL SIG-
NIFICANCE. 
(a) IN GENERAL.—Section 117 of title 23, United 
States Code, is amended to read as follows:
287 
‘‘§ 117. Projects of national and regional significance 
‘‘(a) ESTABLISHMENT.—The Secretary shall estab-
lish a projects of national and regional significance pro-
gram under which the Secretary may make grants to, and 
establish multiyear grant agreements with, eligible entities 
in accordance with this section. 
‘‘(b) APPLICATIONS.—To be eligible for a grant 
under this section, an eligible entity shall submit to the 
Secretary an application in such form, in such manner, 
and containing such information as the Secretary may re-
quire. 
‘‘(c) GRANT AMOUNTS AND PROJECT COSTS.— 
‘‘(1) IN
GENERAL.—Each grant made under 
this section— 
‘‘(A) shall be in an amount that is at least 
$25,000,000; and 
‘‘(B) shall be for a project that has eligible 
project costs that are reasonably anticipated to 
equal or exceed the lesser of— 
‘‘(i) $100,000,000; or 
‘‘(ii) in the case of a project— 
‘‘(I) located in 1 State or terri-
tory, 30 percent of the amount appor-
tioned under this chapter to the State 
or territory in the most recently com-
pleted fiscal year; or
288 
‘‘(II) located in more than 1 
State or territory, 50 percent of the 
amount apportioned under this chap-
ter to the participating State or terri-
tory with the largest apportionment 
under this chapter in the most re-
cently completed fiscal year. 
‘‘(2) LARGE PROJECTS.—For a project that has 
eligible project costs that are reasonably anticipated 
to equal or exceed $500,000,000, a grant made 
under this section— 
‘‘(A) shall be in an amount sufficient to 
fully fund the project, or in the case of a public 
transportation project, a minimum operable 
segment, in combination with other funding 
sources, including non-Federal financial com-
mitment, identified in the application; and 
‘‘(B) may be awarded pursuant to the 
process under subsection (d), as necessary 
based on the amount of the grant. 
‘‘(d) MULTIYEAR GRANT AGREEMENTS FOR LARGE 
PROJECTS.— 
‘‘(1) IN
GENERAL.—A large project that re-
ceives a grant under this section may be carried out
289 
through a multiyear grant agreement in accordance 
with this subsection. 
‘‘(2) 
REQUIREMENTS.—A 
multiyear 
grant 
agreement for a large project shall— 
‘‘(A) establish the terms of participation by 
the Federal Government in the project; 
‘‘(B) establish the amount of Federal fi-
nancial assistance for the project; 
‘‘(C) establish a schedule of anticipated 
Federal obligations for the project that provides 
for obligation of the full grant amount by not 
later than 4 fiscal years after the fiscal year in 
which the initial amount is provided; and 
‘‘(D) determine the period of time for com-
pleting the project, even if such period extends 
beyond the period of an authorization. 
‘‘(3) SPECIAL RULES.— 
‘‘(A) IN
GENERAL.—A multiyear grant 
agreement under this subsection— 
‘‘(i) shall obligate an amount of avail-
able budget authority specified in law; and 
‘‘(ii) may include a commitment, con-
tingent on amounts to be specified in law 
in advance for commitments under this 
paragraph, 
to 
obligate 
an 
additional
290 
amount from future available budget au-
thority specified in law. 
‘‘(B) CONTINGENT COMMITMENT.—A con-
tingent commitment under this subsection is 
not an obligation of the Federal Government 
under section 1501 of title 31. 
‘‘(C) INTEREST
AND
OTHER
FINANCING 
COSTS.— 
‘‘(i) IN GENERAL.—Interest and other 
financing costs of carrying out a part of 
the project within a reasonable time shall 
be considered a cost of carrying out the 
project under a multiyear grant agreement, 
except that eligible costs may not be more 
than the cost of the most favorable financ-
ing terms reasonably available for the 
project at the time of borrowing. 
‘‘(ii) CERTIFICATION.—The applicant 
shall certify to the Secretary that the ap-
plicant has shown reasonable diligence in 
seeking the most favorable financing 
terms. 
‘‘(4) ADVANCE
PAYMENT.—An eligible entity 
carrying out a large project under a multiyear grant 
agreement—
291 
‘‘(A) may use funds made available to the 
eligible entity under this title or title 49 for eli-
gible project costs of the large project; and 
‘‘(B) shall be reimbursed, at the option of 
the eligible entity, for such expenditures from 
the amount made available under the multiyear 
grant agreement for the project in that fiscal 
year or a subsequent fiscal year. 
‘‘(e) ELIGIBLE PROJECTS.— 
‘‘(1) IN GENERAL.—The Secretary may make a 
grant under this section only for a project that is a 
project eligible for assistance under this title or 
chapter 53 of title 49 and is— 
‘‘(A) a bridge project carried out on the 
National Highway System, or that is eligible to 
be carried out under section 165; 
‘‘(B) a project to improve person through-
put that is— 
‘‘(i) a highway project carried out on 
the National Highway System, or that is 
eligible to be carried out under section 
165; 
‘‘(ii) a public transportation project; 
or
292 
‘‘(iii) a capital project, as such term is 
defined in section 22906 of title 49, to im-
prove intercity rail passenger transpor-
tation; or 
‘‘(C) a project to improve freight through-
put that is— 
‘‘(i) a highway freight project carried 
out on the National Highway Freight Net-
work established under section 167 or on 
the National Highway System; 
‘‘(ii) a freight intermodal, freight rail, 
or railway-highway grade crossing or grade 
separation project; or 
‘‘(iii) within the boundaries of a public 
or private freight rail, water (including 
ports), or intermodal facility and that is a 
surface 
transportation 
infrastructure 
project necessary to facilitate direct inter-
modal interchange, transfer, or access into 
or out of the facility. 
‘‘(2) LIMITATION.— 
‘‘(A) 
CERTAIN
FREIGHT
PROJECTS.— 
Projects described in clauses (ii) and (iii) of 
paragraph (1)(C) may receive a grant under 
this section only if—
293 
‘‘(i) the project will make a significant 
improvement to the movement of freight 
on the National Highway System; and 
‘‘(ii) the Federal share of the project 
funds only elements of the project that 
provide public benefits. 
‘‘(B) CERTAIN
PROJECTS
FOR
PERSON 
THROUGHPUT.—Projects described in clauses 
(ii) and (iii) of paragraph (1)(B) may receive a 
grant under this section only if the project will 
make a significant improvement in mobility on 
public roads. 
‘‘(f) ELIGIBLE PROJECT COSTS.—An eligible entity 
receiving a grant under this section may use such grant 
for— 
‘‘(1) development phase activities, including 
planning, feasibility analysis, revenue forecasting, 
environmental review, preliminary engineering and 
design work, and other preconstruction activities; 
and 
‘‘(2) construction, reconstruction, rehabilitation, 
acquisition of real property (including land related 
to the project and improvements to the land), envi-
ronmental mitigation, construction contingencies, ac-
quisition of equipment, and operational improve-
294 
ments directly related to improving system perform-
ance. 
‘‘(g) PROJECT REQUIREMENTS.—The Secretary may 
select a project described under this section for funding 
under this section only if the Secretary determines that 
the project— 
‘‘(1) generates significant regional or national 
economic, mobility, safety, resilience, or environ-
mental benefits; 
‘‘(2) is cost effective; 
‘‘(3) is based on the results of preliminary engi-
neering; 
‘‘(4) has secured or will secure acceptable levels 
of non-Federal financial commitments, including— 
‘‘(A) one or more stable and dependable 
sources of funding and financing to construct, 
maintain, and operate the project; and 
‘‘(B) contingency amounts to cover unan-
ticipated cost increases; 
‘‘(5) cannot be easily and efficiently completed 
without additional Federal funding or financial as-
sistance available to the project sponsor, beyond ex-
isting Federal apportionments; and
295 
‘‘(6) is reasonably expected to begin construc-
tion not later than 18 months after the date of obli-
gation of funds for the project. 
‘‘(h) MERIT CRITERIA AND CONSIDERATIONS.— 
‘‘(1) MERIT CRITERIA.—In awarding a grant 
under this section, the Secretary shall evaluate the 
following merit criteria: 
‘‘(A) The extent to which the project sup-
ports achieving a state of good repair. 
‘‘(B) The level of benefits the project is ex-
pected to generate, including— 
‘‘(i) the costs avoided by the preven-
tion of closure or reduced use of the asset 
to be improved by the project; 
‘‘(ii) reductions in maintenance costs 
over the life of the asset; 
‘‘(iii) safety benefits, including the re-
duction of accidents and related costs; 
‘‘(iv) improved person or freight 
throughput, including congestion reduction 
and reliability improvements; 
‘‘(v) national and regional economic 
benefits; 
‘‘(vi) resilience benefits;
296 
‘‘(vii) environmental benefits, includ-
ing reduction in greenhouse gas emissions 
and air quality benefits; and 
‘‘(viii) benefits to all users of the 
project, including pedestrian, bicycle, non-
vehicular, railroad, and public transpor-
tation users. 
‘‘(C) How the benefits compare to the 
costs of the project. 
‘‘(D) The average number of people or vol-
ume of freight, as applicable, supported by the 
project, including visitors based on travel and 
tourism. 
‘‘(2) 
ADDITIONAL
CONSIDERATIONS.—In 
awarding a grant under this section, the Secretary 
shall also consider the following: 
‘‘(A) Whether the project serves low-in-
come residents of low-income communities, in-
cluding areas of persistent poverty, while not 
displacing such residents. 
‘‘(B) Whether the project uses innovative 
technologies, innovative design and construction 
techniques, or pavement materials that dem-
onstrate reductions in greenhouse gas emissions 
through sequestration or innovative manufac-
297 
turing processes and, if so, the degree to which 
such technologies, techniques, or materials are 
used. 
‘‘(C) 
Whether 
the 
project 
improves 
connectivity between modes of transportation 
moving people or goods in the Nation or region. 
‘‘(D) Whether the project provides new or 
improved connections between at least two met-
ropolitan areas with a population of at least 
500,000. 
‘‘(E) Whether the project would replace, 
reconstruct, or rehabilitate a high-commuter 
corridor (as such term is defined in section 
203(a)(6)) that is in poor condition. 
‘‘(i) PROJECT SELECTION.— 
‘‘(1) EVALUATION.—To evaluate applications 
for funding under this section, the Secretary shall— 
‘‘(A) determine whether a project is eligible 
for a grant under this section; 
‘‘(B) evaluate, through a methodology that 
is discernible and transparent to the public, 
how each application addresses the merit cri-
teria pursuant to subsection (h);
298 
‘‘(C) assign a quality rating for each merit 
criteria for each application based on the eval-
uation in subparagraph (B); 
‘‘(D) ensure that applications receive final 
consideration by the Secretary to receive an 
award under this section only on the basis of 
such quality ratings and that the Secretary 
gives final consideration only to applications 
that meet the minimally acceptable level for 
each of the merit criteria; and 
‘‘(E) award grants only to projects rated 
highly under the evaluation and rating process. 
‘‘(2) 
CONSIDERATIONS
FOR
LARGE 
PROJECTS.—In awarding a grant for a large project, 
the Secretary shall— 
‘‘(A) consider the amount of funds avail-
able in future fiscal years for the program 
under this section; and 
‘‘(B) assume the availability of funds in fu-
ture fiscal years for the program that extend 
beyond the period of authorization based on the 
amount made available for the program in the 
last fiscal year of the period of authorization. 
‘‘(3) GEOGRAPHIC DISTRIBUTION.—In awarding 
grants under this section, the Secretary shall ensure
299 
geographic diversity and a balance between rural 
and urban communities among grant recipients over 
fiscal years 2022 through 2025. 
‘‘(4) PUBLICATION OF METHODOLOGY.— 
‘‘(A) IN GENERAL.—Prior to the issuance 
of any notice of funding opportunity for grants 
under this section, the Secretary shall publish 
and make publicly available on the Depart-
ment’s website— 
‘‘(i) a detailed explanation of the 
merit criteria developed under subsection 
(h); 
‘‘(ii) a description of the evaluation 
process under this subsection; and 
‘‘(iii) how the Secretary shall deter-
mine whether a project satisfies each of 
the requirements under subsection (g). 
‘‘(B) UPDATES.—The Secretary shall up-
date and make publicly available on the website 
of the Department of Transportation such in-
formation at any time a revision to the informa-
tion described in subparagraph (A) is made. 
‘‘(C) INFORMATION REQUIRED.—The Sec-
retary shall include in the published notice of 
funding opportunity for a grant under this sec-
300 
tion detailed information on the rating method-
ology and merit criteria to be used to evaluate 
applications, or a reference to the information 
on the website of the Department of Transpor-
tation, as required by subparagraph (A). 
‘‘(j) FEDERAL SHARE.— 
‘‘(1) IN GENERAL.—The Federal share of the 
cost of a project carried out with a grant under this 
section may not exceed 60 percent. 
‘‘(2) MAXIMUM FEDERAL INVOLVEMENT.—Fed-
eral assistance other than a grant under this section 
may be used to satisfy the non-Federal share of the 
cost of a project for which such a grant is made, ex-
cept that the total Federal assistance provided for a 
project receiving a grant under this section may not 
exceed 80 percent of the total project cost. 
‘‘(k) TREATMENT OF PROJECTS.— 
‘‘(1) FEDERAL REQUIREMENTS.—The Secretary 
shall, with respect to a project funded by a grant 
under this section, apply— 
‘‘(A) the requirements of this title to a 
highway project; 
‘‘(B) the requirements of chapter 53 of 
title 49 to a public transportation project; and
301 
‘‘(C) the requirements of section 22905 of 
title 49 to a passenger rail or freight rail 
project. 
‘‘(2) MULTIMODAL PROJECTS.— 
‘‘(A) IN GENERAL.—Except as otherwise 
provided in this paragraph, if an eligible project 
is a multimodal project, the Secretary shall— 
‘‘(i) determine the predominant modal 
component of the project; and 
‘‘(ii) apply the applicable requirements 
of such predominant modal component to 
the project. 
‘‘(B) EXCEPTIONS.— 
‘‘(i) PASSENGER
OR
FREIGHT
RAIL 
COMPONENT.—For 
any 
passenger 
or 
freight rail component of a project, the re-
quirements of section 22907(j)(2) of title 
49 shall apply. 
‘‘(ii) PUBLIC TRANSPORTATION COM-
PONENT.—For any public transportation 
component of a project, the requirements 
of section 5333 of title 49 shall apply. 
‘‘(C) BUY AMERICA.—In applying the Buy 
American requirements under section 313 of 
this title and sections 5320, 22905(a), and
302 
24305(f) of title 49 to a multimodal project 
under this paragraph, the Secretary shall— 
‘‘(i) consider the various modal com-
ponents of the project; and 
‘‘(ii) seek to maximize domestic jobs. 
‘‘(3) 
FEDERAL-AID
HIGHWAY
REQUIRE-
MENTS.—Notwithstanding any other provision of 
this subsection, the Secretary shall require recipients 
of grants under this section to comply with sub-
section (a) of section 113 with respect to public 
transportation projects, passenger rail projects, and 
freight rail projects, in the same manner that recipi-
ents of grants are required to comply with such sub-
section for construction work performed on highway 
projects on Federal-aid highways. 
‘‘(l) TIFIA PROGRAM.—At the request of an eligible 
entity under this section, the Secretary may use amounts 
awarded to the entity to pay subsidy and administrative 
costs necessary to provide the entity Federal credit assist-
ance under chapter 6 with respect to the project for which 
the grant was awarded. 
‘‘(m) ADMINISTRATION.—Of the amounts made 
available to carry out this section, the Secretary may use 
up to $5,000,000 for the costs of administering the pro-
gram under this section.
303 
‘‘(n) TECHNICAL
ASSISTANCE.—Of the amounts 
made available to carry out this section, the Secretary may 
reserve up to $5,000,000 to provide technical assistance 
to eligible entities. 
‘‘(o) CONGRESSIONAL REVIEW.— 
‘‘(1) NOTIFICATION.—Not less than 60 days be-
fore making an award under this section, the Sec-
retary shall submit to the Committee on Transpor-
tation and Infrastructure of the House of Represent-
atives and the Committee on Environment and Pub-
lic Works, the Committee on Banking, Housing, and 
Urban Affairs, and the Committee on Commerce, 
Science, and Transportation of the Senate— 
‘‘(A) a list of all applications determined to 
be eligible for a grant by the Secretary; 
‘‘(B) the quality ratings assigned to each 
application pursuant to subsection (i); 
‘‘(C) a list of applications that received 
final consideration by the Secretary to receive 
an award under this section; 
‘‘(D) each application proposed to be se-
lected for a grant award; 
‘‘(E) proposed grant amounts, including 
for each new multiyear grant agreement, the 
proposed payout schedule for the project; and
305 
‘‘(B) the evaluation and justification for 
the project selection, including ratings assigned 
to all applications and a list of applications that 
received final consideration by the Secretary to 
receive an award under this section, for the 
grant application period. 
‘‘(2) BRIEFING.—The Secretary shall provide, 
at the request of a grant applicant under this sec-
tion, the opportunity to receive a briefing to explain 
any reasons the grant applicant was not awarded a 
grant. 
‘‘(q) DEFINITIONS.—In this section: 
‘‘(1) AREAS
OF
PERSISTENT
POVERTY.—The 
term ‘areas of persistent poverty’ has the meaning 
given such term in section 172(l). 
‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible en-
tity’ means— 
‘‘(A) a State or a group of States; 
‘‘(B) a unit of local government, including 
a metropolitan planning organization, or a 
group of local governments; 
‘‘(C) a political subdivision of a State or 
local government;
306 
‘‘(D) a special purpose district or public 
authority with a transportation function, includ-
ing a port authority; 
‘‘(E) a Tribal government or a consortium 
of Tribal governments; 
‘‘(F) a Federal agency eligible to receive 
funds under section 201, 203, or 204, including 
the Army Corps of Engineers, Bureau of Rec-
lamation, and the Bureau of Land Manage-
ment, that applies jointly with a State or group 
of States; 
‘‘(G) a territory; and 
‘‘(H) a multistate or multijurisdictional 
group of entities described in this paragraph.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 1 of title 23, United States Code, is amended by strik-
ing the item relating to section 117 and inserting the fol-
lowing: 
‘‘117. Projects of national and regional significance.’’. 
SEC. 1302. COMMUNITY TRANSPORTATION INVESTMENT 
GRANT PROGRAM. 
(a) IN GENERAL.—Chapter 1 of title 23, United 
States Code, as amended by this title, is further amended 
by adding at the end the following:
307 
‘‘§ 173. Community transportation investment grant 
program 
‘‘(a) ESTABLISHMENT.—The Secretary shall estab-
lish a community transportation investment grant pro-
gram to improve surface transportation safety, state of 
good repair, accessibility, and environmental quality 
through infrastructure investments. 
‘‘(b) GRANT AUTHORITY.— 
‘‘(1) IN GENERAL.—In carrying out the pro-
gram established under subsection (a), the Secretary 
shall make grants, on a competitive basis, to eligible 
entities in accordance with this section. 
‘‘(2) GRANT AMOUNT.—The maximum amount 
of a grant under this section shall be $25,000,000. 
‘‘(c) APPLICATIONS.—To be eligible for a grant under 
this section, an eligible entity shall submit to the Secretary 
an application in such form, at such time, and containing 
such information as the Secretary may require. 
‘‘(d) ELIGIBLE PROJECT COSTS.—Grant amounts for 
an eligible project carried out under this section may be 
used for— 
‘‘(1) development phase activities, including 
planning, feasibility analysis, revenue forecasting, 
environmental review, preliminary engineering and 
design work, and other preconstruction activities; 
and
308 
‘‘(2) construction, reconstruction, rehabilitation, 
acquisition of real property (including land related 
to the project and improvements to such land), envi-
ronmental mitigation, construction contingencies, ac-
quisition of equipment, and operational improve-
ments. 
‘‘(e) RURAL AND COMMUNITY SETASIDES.— 
‘‘(1) IN
GENERAL.—The Secretary shall re-
serve— 
‘‘(A) not less than 25 percent of the 
amounts made available to carry out this sec-
tion for projects located in rural areas; and 
‘‘(B) not less than 25 percent of the 
amounts made available to carry out this sec-
tion for projects located in urbanized areas with 
a population greater than 49,999 individuals 
and fewer than 200,001 individuals. 
‘‘(2) DEFINITION
OF
RURAL
AREA.—In this 
subsection, the term ‘rural area’ means all areas of 
a State or territory not included in urbanized areas. 
‘‘(3) EXCESS FUNDING.—If the Secretary de-
termines that there are insufficient qualified appli-
cants to use the funds set aside under this sub-
section, the Secretary may use such funds for grants 
for any projects eligible under this section.
309 
‘‘(f) EVALUATION.—To evaluate applications under 
this section, the Secretary shall— 
‘‘(1) develop a process to objectively evaluate 
applications on the benefits of the project proposed 
in such application— 
‘‘(A) to transportation safety, including re-
ductions in traffic fatalities and serious injuries; 
‘‘(B) to state of good repair, including im-
proved condition of bridges and pavements; 
‘‘(C) to transportation system access, in-
cluding improved access to jobs and services; 
and 
‘‘(D) in reducing greenhouse gas emis-
sions; 
‘‘(2) develop a rating system to assign a nu-
meric value to each application, based on each of the 
criteria described in paragraph (1); 
‘‘(3) for each application submitted, compare 
the total benefits of the proposed project, as deter-
mined by the rating system developed under para-
graph (2), with the costs of such project, and rank 
each application based on the results of the compari-
son; and 
‘‘(4) ensure that only such applications that are 
ranked highly based on the results of the comparison
310 
conducted under paragraph (3) are considered to re-
ceive a grant under this section. 
‘‘(g) WEIGHTING.—In establishing the evaluation 
process under subsection (f), the Secretary may assign dif-
ferent weights to the criteria described in subsection (f)(1) 
based on project type, population served by a project, and 
other context-sensitive considerations, provided that— 
‘‘(1) each application is rated on all criteria de-
scribed in subsection (f)(1); and 
‘‘(2) each application has the same possible 
minimum and maximum rating, regardless of any 
differences in the weighting of criteria. 
‘‘(h) TRANSPARENCY.— 
‘‘(1) PUBLICLY
AVAILABLE
INFORMATION.— 
Prior to the issuance of any notice of funding oppor-
tunity under this section, the Secretary shall make 
publicly available on the website of the Department 
of Transportation a detailed explanation of the eval-
uation and rating process developed under sub-
section (f), including any differences in the 
weighting of criteria pursuant to subsection (g), if 
applicable, and update such website for each revision 
of the evaluation and rating process. 
‘‘(2) NOTIFICATIONS TO CONGRESS.—The Sec-
retary shall submit to the Committee on Transpor-
311 
tation and Infrastructure of the House of Represent-
atives, the Committee on Environment and Public 
Works of the Senate, the Committee on Banking, 
Housing, and Urban Affairs of the Senate, and the 
Committee on Commerce, Science, and Transpor-
tation of the Senate the following written notifica-
tions: 
‘‘(A) A notification when the Secretary 
publishes or updates the information required 
under paragraph (1). 
‘‘(B) Not later than 30 days prior to the 
date on which the Secretary awards a grant 
under this section, a notification that in-
cludes— 
‘‘(i) the ratings of each application 
submitted pursuant to subsection (f)(2); 
‘‘(ii) the ranking of each application 
submitted pursuant to subsection (f)(3); 
and 
‘‘(iii) a list of all applications that re-
ceive final consideration by the Secretary 
to receive an award under this section pur-
suant to subsection (f)(4). 
‘‘(C) Not later than 3 business days prior 
to the date on which the Secretary announces
312 
the award of a grant under this section, a noti-
fication describing each grant to be awarded, 
including the amount and the recipient. 
‘‘(i) TECHNICAL
ASSISTANCE.—Of the amounts 
made available to carry out this section, the Secretary may 
reserve up to $3,000,000 to provide technical assistance 
to eligible entities. 
‘‘(j) ADMINISTRATION.—Of the amounts made avail-
able to carry out this section, the Secretary may reserve 
up to $5,000,000 for the administrative costs of carrying 
out the program under this section. 
‘‘(k) TREATMENT OF PROJECTS.— 
‘‘(1) FEDERAL REQUIREMENTS.—The Secretary 
shall, with respect to a project funded by a grant 
under this section, apply— 
‘‘(A) the requirements of this title to a 
highway project; 
‘‘(B) the requirements of chapter 53 of 
title 49 to a public transportation project; and 
‘‘(C) the requirements of section 22905 of 
title 49 to a passenger rail or freight rail 
project. 
‘‘(2) MULTIMODAL PROJECTS.—
313 
‘‘(A) IN GENERAL.—Except as otherwise 
provided in this paragraph, if an eligible project 
is a multimodal project, the Secretary shall— 
‘‘(i) determine the predominant modal 
component of the project; and 
‘‘(ii) apply the applicable requirements 
of such predominant modal component to 
the project. 
‘‘(B) EXCEPTIONS.— 
‘‘(i) PASSENGER
OR
FREIGHT
RAIL 
COMPONENT.—For 
any 
passenger 
or 
freight rail component of a project, the re-
quirements of section 22907(j)(2) of title 
49 shall apply. 
‘‘(ii) PUBLIC TRANSPORTATION COM-
PONENT.—For any public transportation 
component of a project, the requirements 
of section 5333 of title 49 shall apply. 
‘‘(C) BUY AMERICA.—In applying the Buy 
American requirements under section 313 of 
this title and sections 5320, 22905(a), and 
24305(f) of title 49 to a multimodal project 
under this paragraph, the Secretary shall— 
‘‘(i) consider the various modal com-
ponents of the project; and
314 
‘‘(ii) seek to maximize domestic jobs. 
‘‘(3) 
FEDERAL-AID
HIGHWAY
REQUIRE-
MENTS.—Notwithstanding any other provision of 
this subsection, the Secretary shall require recipients 
of grants under this section to comply with sub-
section (a) of section 113 with respect to public 
transportation projects, passenger rail projects, and 
freight rail projects, in the same manner that recipi-
ents of grants are required to comply with such sub-
section for construction work performed on highway 
projects on Federal-aid highways. 
‘‘(l) TRANSPARENCY.— 
‘‘(1) IN
GENERAL.—Not later than 30 days 
after awarding a grant for a project under this sec-
tion, the Secretary shall send to all applicants, and 
publish on the website of the Department of Trans-
portation— 
‘‘(A) a summary of each application made 
to the program for the grant application period; 
and 
‘‘(B) the evaluation and justification for 
the project selection, including ratings and 
rankings assigned to all applications and a list 
of applications that received final consideration
315 
by the Secretary to receive an award under this 
section, for the grant application period. 
‘‘(2) BRIEFING.—The Secretary shall provide, 
at the request of a grant applicant under this sec-
tion, the opportunity to receive a briefing to explain 
any reasons the grant applicant was not awarded a 
grant. 
‘‘(m) DEFINITIONS.—In this section: 
‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en-
tity’ means— 
‘‘(A) a metropolitan planning organization; 
‘‘(B) a unit of local government; 
‘‘(C) a transit agency; 
‘‘(D) a Tribal Government or a consortium 
of Tribal governments; 
‘‘(E) a multijurisdictional group of entities 
described in this paragraph; 
‘‘(F) a special purpose district with a 
transportation function or a port authority; 
‘‘(G) a territory; or 
‘‘(H) a State that applies for a grant 
under this section jointly with an entity de-
scribed in subparagraphs (A) through (G).
316 
‘‘(2) ELIGIBLE
PROJECT.—The term ‘eligible 
project’ means any project eligible under this title or 
chapter 53 of title 49.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 1 of title 23, United States Code, is further amended 
by adding at the end the following new item: 
‘‘173. Community transportation investment grant program.’’. 
SEC. 1303. GRANTS FOR CHARGING AND FUELING INFRA-
STRUCTURE TO MODERNIZE AND RECON-
NECT AMERICA FOR THE 21ST CENTURY. 
(a) PURPOSE.—The purpose of this section is to es-
tablish a grant program to strategically deploy electric ve-
hicle charging infrastructure, natural gas fueling, propane 
fueling, and hydrogen fueling infrastructure along des-
ignated alternative fuel corridors that will be accessible to 
all drivers of electric vehicles, natural gas vehicles, pro-
pane vehicles, and hydrogen vehicles. 
(b) GRANT PROGRAM.—Section 151 of title 23, 
United States Code, is amended— 
(1) in subsection (a) by striking ‘‘Not later 
than 1 year after the date of enactment of the 
FAST Act, the Secretary shall’’ and inserting ‘‘The 
Secretary shall periodically’’; 
(2) in subsection (b)(2) by inserting ‘‘previously 
designated by the Federal Highway Administration 
or’’ after ‘‘fueling corridors’’;
317 
(3) in subsection (d)— 
(A) by striking ‘‘5 years after the date of 
establishment of the corridors under subsection 
(a), and every 5 years thereafter’’ and inserting 
‘‘180 days after the date of enactment of the 
INVEST in America Act’’; and 
(B) by inserting ‘‘establish a recurring 
process to regularly’’ after ‘‘the Secretary 
shall’’; 
(4) in subsection (e)— 
(A) in paragraph (1) by striking ‘‘; and’’ 
and inserting a semicolon; 
(B) in paragraph (2)— 
(i) by striking ‘‘establishes an aspira-
tional goal of achieving’’ and inserting ‘‘de-
scribes efforts to achieve’’; and 
(ii) by striking ‘‘by the end of fiscal 
year 2020.’’ and inserting a semicolon; and 
(C) by adding at the end the following: 
‘‘(3) summarizes best practices and provides 
guidance, developed through consultation with the 
Secretary of Energy, for project development of elec-
tric vehicle charging infrastructure, hydrogen fueling 
infrastructure, and natural gas fueling infrastruc-
ture at the State, tribal, and local level to allow for
318 
the predictable deployment of such infrastructure; 
and 
‘‘(4) summarizes the progress and implementa-
tion of the grant program under subsection (f), in-
cluding— 
‘‘(A) a description of how funds awarded 
through the grant program under subsection (f) 
will aid efforts to achieve strategic deployment 
of electric vehicle charging infrastructure, nat-
ural gas fueling, propane fueling, and hydrogen 
fueling infrastructure in those corridors; 
‘‘(B) the total number and location of 
charging and fueling stations installed under 
subsection (f); and 
‘‘(C) the total estimated greenhouse gas 
emissions that have been reduced through the 
use of electric vehicle charging, natural gas 
fueling, propane fueling, or hydrogen fueling in-
frastructure funded under subsection (f) using 
the 
methodology 
identified 
in 
paragraph 
(3)(B).’’; and 
(5) by adding at the end the following: 
‘‘(f) ELECTRIC VEHICLE CHARGING, NATURAL GAS 
FUELING, PROPANE FUELING, AND HYDROGEN FUELING 
INFRASTRUCTURE GRANTS.—
319 
‘‘(1) ESTABLISHMENT.—Not later than 1 year 
after the date of enactment of the INVEST in 
America Act, the Secretary shall establish a grant 
program to award grants to eligible entities for elec-
tric vehicle charging, natural gas fueling, propane 
fueling, and hydrogen fueling infrastructure projects. 
‘‘(2) ELIGIBLE ENTITY.—An entity eligible to 
receive a grant under this subsection is— 
‘‘(A) a State (as such term is defined in 
section 401) or political subdivision of a State; 
‘‘(B) a metropolitan planning organization; 
‘‘(C) a unit of local government; 
‘‘(D) a special purpose district or public 
authority with a transportation function, includ-
ing a port authority; 
‘‘(E) a Tribal government; 
‘‘(F) an authority, agency, or instrumen-
tality of, or an entity owned by, one or more of 
the entities described in subparagraphs (A) 
through (E); or 
‘‘(G) a group of entities described in sub-
paragraphs (A) through (F). 
‘‘(3) APPLICATION.—To be eligible to receive a 
grant under this subsection, an eligible entity shall 
submit to the Secretary an application at such time,
320 
in such manner, and containing such information as 
the Secretary shall require, including— 
‘‘(A) a description of— 
‘‘(i) the public accessibility of the 
charging or fueling infrastructure proposed 
to be funded with a grant under this sub-
section, including— 
‘‘(I) charging or fueling con-
nector types; 
‘‘(II) publicly available informa-
tion on real-time availability; and 
‘‘(III) payment methods available 
to all members of the public to ensure 
secure, convenient, fair, and equal ac-
cess and not limited by membership to 
a particular provider; 
‘‘(ii) collaborative engagement with 
the entity with jurisdiction over the road-
way and any other relevant stakeholders 
(including automobile manufacturers, utili-
ties, infrastructure providers, technology 
providers, electric charging, natural gas, 
propane, and hydrogen fuel providers, met-
ropolitan planning organizations, States, 
Indian Tribes, units of local government,
321 
fleet owners, fleet managers, fuel station 
owners and operators, labor organizations, 
environmental and environmental justice 
organizations, infrastructure construction 
and 
component 
parts 
suppliers, 
and 
multistate and regional entities)— 
‘‘(I) to foster enhanced, coordi-
nated, public-private or private invest-
ment in electric vehicle charging, nat-
ural gas fueling, propane fueling, and 
hydrogen fueling infrastructure; 
‘‘(II) to expand deployment of 
electric vehicle charging, natural gas 
fueling, propane fueling, or hydrogen 
fueling infrastructure; 
‘‘(III) to protect personal privacy 
and ensure cybersecurity; and 
‘‘(IV) to ensure that a properly 
trained workforce is available to con-
struct and install electric vehicle 
charging, natural gas fueling, propane 
fueling, or hydrogen fueling infra-
structure; 
‘‘(iii) the location of the station or 
fueling site, including consideration of—
323 
‘‘(vi) in the case of an applicant that 
is not a State department of transpor-
tation, the degree of coordination with the 
applicable State department of transpor-
tation; and 
‘‘(B) an assessment of the estimated 
greenhouse gas emissions and air pollution from 
vehicle emissions that will be reduced through 
the use of electric vehicle charging, natural gas 
fueling, propane fueling, or hydrogen fueling in-
frastructure, which shall be conducted using 
one standardized methodology or tool as deter-
mined by the Secretary. 
‘‘(4) CONSIDERATIONS.—In selecting eligible 
entities to receive a grant under this subsection, the 
Secretary shall— 
‘‘(A) consider the extent to which the ap-
plication of the eligible entity would— 
‘‘(i) reduce estimated greenhouse gas 
emissions and air pollution from vehicle 
emissions, weighted by the total Federal 
investment in the project; 
‘‘(ii) improve alternative fueling cor-
ridor networks by—
324 
‘‘(I) converting corridor-pending 
corridors to corridor-ready corridors; 
or 
‘‘(II) in the case of corridor- 
ready corridors, providing additional 
capacity— 
‘‘(aa) to meet excess demand 
for charging or fueling infra-
structure; 
‘‘(bb) to reduce congestion 
at existing charging or fueling in-
frastructure in high-traffic loca-
tions; or 
‘‘(cc) to provide charging 
stations that support charging 
needs for current and future ve-
hicles and minimize future up-
grade costs; 
‘‘(iii) meet current or anticipated mar-
ket demands for charging or fueling infra-
structure, including faster charging speeds; 
‘‘(iv) enable or accelerate the con-
struction of charging or fueling infrastruc-
ture that would be unlikely to be completed 
without Federal assistance;
325 
‘‘(v) support a long-term competitive 
market for electric vehicle charging infra-
structure, natural gas fueling, propane 
fueling, or hydrogen fueling infrastructure 
that does not significantly impair existing 
electric vehicle charging or hydrogen fuel-
ing infrastructure providers; 
‘‘(vi) reduce greenhouse gas emissions 
in established goods-movement corridors, 
locations serving first- and last-mile freight 
near ports and freight hubs, and locations 
that optimize infrastructure networks and 
reduce hazardous air pollutants in commu-
nities disproportionately impacted by such 
pollutants; 
‘‘(vii) plans for the use of renewable 
energy sources or zero emissions energy 
sources for the charging or fueling infra-
structure; and 
‘‘(viii) provide publicly available elec-
tric vehicle charging placement and con-
struction in communities in which climate 
change, pollution, or environmental de-
struction have exacerbated systemic racial, 
regional, social, environmental, and eco-
326 
nomic injustices by disproportionately af-
fecting indigenous peoples, communities of 
color, 
migrant 
communities, 
deindustrialized communities, depopulated 
rural communities, the poor low income 
workers, women, the elderly, the unhoused, 
individuals with disabilities, or youth; and 
‘‘(B) ensure, to the maximum extent prac-
ticable, geographic diversity among grant recipi-
ents to ensure that electric vehicle charging in-
frastructure or hydrogen fueling infrastructure 
is available throughout the United States. 
‘‘(5) USE OF FUNDS.— 
‘‘(A) IN
GENERAL.—Any grant made 
under this subsection shall be— 
‘‘(i) directly related to the charging or 
fueling of a vehicle; and 
‘‘(ii) only for charging or fueling in-
frastructure that is open to the general 
public. 
‘‘(B) LOCATION OF INFRASTRUCTURE.— 
‘‘(i) IN GENERAL.—Any electric vehi-
cle charging, natural gas fueling, propane 
fueling, or hydrogen fueling infrastructure 
acquired and installed with a grant under
327 
this subsection shall be located along an al-
ternative fuel corridor designated under 
this section or by a State or group of 
States. 
‘‘(ii) 
EXCEPTION.—Notwithstanding 
clause (i), the Secretary may make a grant 
for electric vehicle charging or hydrogen 
fueling infrastructure not on a designated 
alternative fuel corridor if the applicant 
demonstrates that the proposed charging 
or fueling infrastructure would expand de-
ployment of electric vehicle charging or hy-
drogen fueling to a greater number of 
users than investments on such corridor. 
‘‘(C) OPERATING ASSISTANCE.— 
‘‘(i) IN GENERAL.—Subject to clauses 
(ii) and (iii), an eligible entity that receives 
a grant under this subsection may use a 
portion of the funds for operating assist-
ance for the first 5 years of operations 
after the installation of electric vehicle 
charging, natural gas fueling, propane fuel-
ing, or hydrogen fueling infrastructure 
while the facility transitions to independent 
system operations.
328 
‘‘(ii) INCLUSION.—Operating assist-
ance under this subparagraph shall be lim-
ited to costs allocable to operating and 
maintaining the electric vehicle charging, 
natural gas fueling, propane fueling, or hy-
drogen fueling infrastructure and service. 
‘‘(iii) LIMITATION.—Operating assist-
ance under this subparagraph may not ex-
ceed the amount of a contract under sub-
paragraph (A) to acquire and install elec-
tric vehicle charging, natural gas fueling, 
propane fueling, or hydrogen fueling infra-
structure. 
‘‘(D) SIGNS.— 
‘‘(i) IN
GENERAL.—Subject to this 
paragraph and paragraph (6)(B), an eligi-
ble entity that receives a grant under this 
subsection may use a portion of the funds 
to acquire and install— 
‘‘(I) traffic control devices lo-
cated in the right-of-way to provide 
directional information to electric ve-
hicle charging, natural gas fueling, 
propane fueling, or hydrogen fueling 
infrastructure acquired, installed, or
330 
‘‘(i) IN GENERAL.—An eligible entity 
receiving a grant under this subsection 
may use the funds in accordance with this 
paragraph to contract with a private entity 
for installation, operation, or maintenance 
of electric vehicle charging, natural gas 
fueling, propane fueling, or hydrogen fuel-
ing infrastructure. 
‘‘(ii) INCLUSION.—An eligible private 
entity includes privately, publicly, or coop-
eratively owned utilities, private electric ve-
hicle service equipment and hydrogen fuel-
ing infrastructure providers, and retail fuel 
stations. 
‘‘(6) PROJECT REQUIREMENTS.— 
‘‘(A) IN GENERAL.—Notwithstanding any 
other provision of law, any project funded by a 
grant under this subsection shall be treated as 
a project on a Federal-aid highway. 
‘‘(B) 
ELECTRIC
VEHICLE
CHARGING 
PROJECTS.—A project for electric vehicle charg-
ing infrastructure funded by a grant under this 
subsection shall be subject to the requirements 
of section 155.
331 
‘‘(7) FEDERAL SHARE.—The Federal share of 
the cost of a project carried out with a grant under 
this subsection shall not exceed 80 percent of the 
total project cost. 
‘‘(8) STUDY BY THE NATIONAL ACADEMIES.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
seek to enter into an agreement with the Na-
tional Academies for the Transportation Re-
search Board of the National Academy of 
Sciences shall— 
‘‘(i) conduct a study on options for fi-
nancing the placement of a national net-
work of publicly available EV charging in-
frastructure along all eligible roads on the 
National Highway System that includes 
consideration of financial instruments and 
optimization of public-private partnerships; 
and 
‘‘(ii) conduct a study to determine the 
maximum distance allowable between pub-
licly available EV charging infrastructure, 
such that— 
‘‘(I) a driver starting at any 
point along an eligible road on the 
National Highway System within the
332 
continental United States can drive to 
any other point along an eligible road 
on the National Highway System 
without running out of a charging 
power; and 
‘‘(II) a driver starting at any 
point along an eligible road on the 
National Highway System within Ha-
waii, Alaska, or Puerto Rico can drive 
to any other point along an eligible 
road on the National Highway System 
within that same state or territory 
without running out of charging 
power. 
‘‘(B) SUBMISSION
TO
CONGRESS.—Not 
later than 2 years after the date of enactment 
of this subsection, the Secretary shall submit to 
Congress the results of the studies commis-
sioned under subparagraph (A).’’. 
SEC. 1304. COMMUNITY CLIMATE INNOVATION GRANTS. 
(a) IN GENERAL.—Chapter 1 of title 23, United 
States Code, as amended by this title, is further amended 
by inserting after section 171 the following:
333 
‘‘§ 172. Community climate innovation grants 
‘‘(a) ESTABLISHMENT.—The Secretary shall estab-
lish a community climate innovation grant program (in 
this section referred to as the ‘Program’) to make grants, 
on a competitive basis, for locally selected projects that 
reduce greenhouse gas emissions while improving the mo-
bility, accessibility, and connectivity of the surface trans-
portation system. 
‘‘(b) PURPOSE.—The purpose of the Program shall 
be to support communities in reducing greenhouse gas 
emissions from the surface transportation system. 
‘‘(c) ELIGIBLE APPLICANTS.—The Secretary may 
make grants under the Program to the following entities: 
‘‘(1) A metropolitan planning organization. 
‘‘(2) A unit of local government or a group of 
local governments, or a county or multi-county spe-
cial district. 
‘‘(3) A subdivision of a local government. 
‘‘(4) A transit agency. 
‘‘(5) A special purpose district with a transpor-
tation function or a port authority. 
‘‘(6) A Tribal government or a consortium of 
tribal governments. 
‘‘(7) A territory. 
‘‘(8) A multijurisdictional group of entities de-
scribed in paragraphs (1) through (7).
334 
‘‘(d) APPLICATIONS.—To be eligible for a grant 
under the Program, an entity specified in subsection (c) 
shall submit to the Secretary an application in such form, 
at such time, and containing such information as the Sec-
retary determines appropriate. 
‘‘(e) ELIGIBLE PROJECTS.—The Secretary may only 
provide a grant under the Program for a project that is 
expected to yield a significant reduction in greenhouse gas 
emissions from the surface transportation system and— 
‘‘(1) is a project eligible for assistance under 
this title or under chapter 53 of title 49 or supports 
fueling infrastructure for fuels defined under section 
9001(5) of the Farm Security and Rural Investment 
Act of 2002 (7 U.S.C. 8101(5)); or 
‘‘(2) is a capital project as defined in section 
22906 of title 49 to improve intercity passenger rail 
that will yield a significant reduction in single occu-
pant vehicle trips and improve mobility on public 
roads. 
‘‘(f) ELIGIBLE USES.—Grant amounts received for a 
project under the Program may be used for— 
‘‘(1) development phase activities, including 
planning, feasibility analysis, revenue forecasting, 
environmental review, preliminary engineering and
335 
design work, and other preconstruction activities; 
and 
‘‘(2) construction, reconstruction, rehabilitation, 
acquisition of real property (including land related 
to the project and improvements to the land), envi-
ronmental mitigation, construction contingencies, ac-
quisition of equipment, and operational improve-
ments. 
‘‘(g) PROJECT PRIORITIZATION.—In making grants 
for projects under the Program, the Secretary shall give 
priority to projects that are expected to yield the most sig-
nificant reductions in greenhouse gas emissions from the 
surface transportation system. 
‘‘(h) ADDITIONAL
CONSIDERATIONS.—In making 
grants for projects under the Program, the Secretary shall 
consider the extent to which— 
‘‘(1) a project maximizes greenhouse gas reduc-
tions in a cost-effective manner; 
‘‘(2) a project reduces dependence on single-oc-
cupant vehicle trips or provides additional transpor-
tation options; 
‘‘(3) a project improves the connectivity and ac-
cessibility of the surface transportation system, par-
ticularly to low- and zero-emission forms of trans-
336 
portation, including public transportation, walking, 
and bicycling; 
‘‘(4) an applicant has adequately considered or 
will adequately consider, including through the op-
portunity for public comment, the environmental jus-
tice and equity impacts of the project; 
‘‘(5) a project contributes to geographic diver-
sity among grant recipients, including to achieve a 
balance between urban, suburban, and rural commu-
nities; 
‘‘(6) a project serves low-income residents of 
low-income communities, including areas of per-
sistent poverty, while not displacing such residents; 
‘‘(7) a project uses pavement materials that 
demonstrate reductions in greenhouse gas emissions 
through sequestration or innovative manufacturing 
processes; 
‘‘(8) 
a 
project 
repurposes 
neglected 
or 
underused infrastructure, including abandoned high-
ways, bridges, railways, trail ways, and adjacent 
underused spaces, into new hybrid forms of public 
space that support multiple modes of transportation; 
and 
‘‘(9) a project includes regional multimodal 
transportation system management and operations
337 
elements that will improve the effectiveness of such 
project and encourage reduction of single occupancy 
trips by providing the ability of users to plan, use, 
and pay for multimodal transportation alternatives. 
‘‘(i) FUNDING.— 
‘‘(1) 
MAXIMUM
AMOUNT.—The 
maximum 
amount of a grant under the Program shall be 
$25,000,000. 
‘‘(2) TECHNICAL ASSISTANCE.—Of the amounts 
made available to carry out the Program, the Sec-
retary may use up to 1 percent to provide technical 
assistance to applicants and potential applicants. 
‘‘(j) TREATMENT OF PROJECTS.— 
‘‘(1) FEDERAL REQUIREMENTS.—The Secretary 
shall, with respect to a project funded by a grant 
under this section, apply— 
‘‘(A) the requirements of this title to a 
highway project; 
‘‘(B) the requirements of chapter 53 of 
title 49 to a public transportation project; and 
‘‘(C) the requirements of section 22905 of 
title 49 to a passenger rail or freight rail 
project. 
‘‘(2) MULTIMODAL PROJECTS.—
338 
‘‘(A) IN GENERAL.—Except as otherwise 
provided in this paragraph, if an eligible project 
is a multimodal project, the Secretary shall— 
‘‘(i) determine the predominant modal 
component of the project; and 
‘‘(ii) apply the applicable requirements 
of such predominant modal component to 
the project. 
‘‘(B) EXCEPTIONS.— 
‘‘(i) PASSENGER
OR
FREIGHT
RAIL 
COMPONENT.—For 
any 
passenger 
or 
freight rail component of a project, the re-
quirements of section 22907(j)(2) of title 
49 shall apply. 
‘‘(ii) PUBLIC TRANSPORTATION COM-
PONENT.—For any public transportation 
component of a project, the requirements 
of section 5333 of title 49 shall apply. 
‘‘(C) BUY AMERICA.—In applying the Buy 
American requirements under section 313 of 
this title and sections 5320, 22905(a), and 
24305(f) of title 49 to a multimodal project 
under this paragraph, the Secretary shall— 
‘‘(i) consider the various modal com-
ponents of the project; and
339 
‘‘(ii) seek to maximize domestic jobs. 
‘‘(3) 
FEDERAL-AID
HIGHWAY
REQUIRE-
MENTS.—Notwithstanding any other provision of 
this subsection, the Secretary shall require recipients 
of grants under this section to comply with sub-
section (a) of section 113 with respect to public 
transportation projects, passenger rail projects, and 
freight rail projects, in the same manner that recipi-
ents of grants are required to comply with such sub-
section for construction work performed on highway 
projects on Federal-aid highways. 
‘‘(k) 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. 
‘‘(l) DEFINITION OF AREAS OF PERSISTENT POV-
ERTY.—In this section, the term ‘areas of persistent pov-
erty’ means— 
‘‘(1) any county that has had 20 percent or 
more of the population of such county living in pov-
erty over the past 30 years, as measured by the 
1990 and 2000 decennial censuses and the most re-
cent Small Area Income and Poverty Estimates;
340 
‘‘(2) any census tract with a poverty rate of at 
least 20 percent, as measured by the most recent 5- 
year data series available from the American Com-
munity Survey of the Bureau of the Census for all 
States and Puerto Rico; or 
‘‘(3) any other territory or possession of the 
United States that has had 20 percent or more of 
its population living in poverty over the past 30 
years, as measured by the 1990, 2000, and 2010 is-
land areas decennial censuses, or equivalent data, of 
the Bureau of the Census. 
‘‘(m) PUBLIC COMMENT.—Prior to issuing the notice 
of funding opportunity for funding under this section for 
fiscal year 2022, the Secretary, in consultation with the 
Administrator of the Environmental Protection Agency, 
shall solicit public comment on the method of determining 
the significant reduction in greenhouse gas emissions re-
quired under subsection (e). 
‘‘(n) CONSULTATION.—Prior to making an award 
under this section in a given fiscal year, the Secretary 
shall consult with the Administrator of the Environmental 
Protection Agency to determine which projects are ex-
pected to yield a significant reduction in greenhouse gas 
emissions as required under subsection (e).’’.
341 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 1 of title 23, United States Code, is amended by insert-
ing after the item relating to section 171 the following: 
‘‘172. Community climate innovation grants.’’. 
SEC. 1305. METRO PERFORMANCE PROGRAM. 
(a) ESTABLISHMENT.—The Secretary of Transpor-
tation shall directly allocate funds in accordance with this 
section to enhance local decision making and control in 
delivering projects to address local transportation needs. 
(b) DESIGNATION.— 
(1) IN
GENERAL.—The Secretary shall des-
ignate direct recipients based on the criteria in para-
graph (3) to be direct recipients of funds under this 
section. 
(2) RESPONSIBILITIES.—A direct recipient shall 
be responsible for compliance with any requirements 
related to the use of Federal funds vested in a State 
department of transportation under chapter 1 of 
title 23, United States Code. 
(3) CRITERIA.—In designating an applicant 
under this subsection, the Secretary shall consider— 
(A) the legal, financial, and technical ca-
pacity of the applicant; 
(B) the level of coordination between the 
applicant and—
342 
(i) the State department of transpor-
tation of the State or States in which the 
metropolitan planning area represented by 
the applicant is located; 
(ii) local governments and providers of 
public transportation within the metropoli-
tan planning area represented by the appli-
cant; and 
(iii) if more than one metropolitan 
planning organization is designated within 
an urbanized area represented by the ap-
plicant, any other such metropolitan plan-
ning organization; 
(C) in the case of an applicant that rep-
resents an urbanized area population of greater 
than 200,000, the effectiveness of project deliv-
ery and timely obligation of funds made avail-
able under section 133(d)(1)(A)(i) of title 23, 
United States Code; 
(D) if the applicant or a local government 
within the metropolitan planning area that the 
applicant represents has been the recipient of a 
discretionary grant from the Secretary within 
the preceding 5 years, the administration of 
such grant;
343 
(E) the extent to which the planning and 
decision making process of the applicant, in-
cluding the long-range transportation plan and 
the approved transportation improvement pro-
gram under section 134 of such title, support— 
(i) the performance goals established 
under section 150(b) of such title; and 
(ii) the achievement of metropolitan 
or statewide performance targets estab-
lished under section 150(d) of such title; 
(F) whether the applicant is a designated 
recipient of funds from the Federal Transit Ad-
ministration as described under subsections (A) 
and (B) of section 5302(4) of title 49, United 
States Code; and 
(G) any other criteria established by the 
Secretary. 
(4) REQUIREMENTS.— 
(A) CALL
FOR
NOMINATION.—Not later 
than February 1, 2022, the Secretary shall 
publish in the Federal Register a notice solic-
iting applications for designation under this 
subsection. 
(B) GUIDANCE.—The notification under 
paragraph (1) shall include guidance on the re-
344 
quirements and responsibilities of a direct re-
cipient under this section, including imple-
menting regulations. 
(C) 
DETERMINATION.—The 
Secretary 
shall make all designations under this section 
for fiscal year 2023 not later than June 1, 
2022. 
(5) TERM.—Except as provided in paragraph 
(6), a designation under this subsection shall— 
(A) be for a period of not less than 5 
years; and 
(B) be renewable. 
(6) TERMINATION.— 
(A) IN GENERAL.—The Secretary shall es-
tablish procedures for the termination of a des-
ignation under this subsection. 
(B) 
CONSIDERATIONS.—In 
establishing 
procedures under subparagraph (A), the Sec-
retary shall consider— 
(i) with respect to projects carried out 
under this section, compliance with the re-
quirements of title 23, United States Code, 
or chapter 53 of title 49, United States 
Code; and 
(ii) the obligation rate of any funds—
345 
(I) made available under this sec-
tion; and 
(II) in the case of a metropolitan 
planning organization that represents 
a metropolitan planning area with an 
urbanized area population of greater 
than 200,000, made available under 
section 133(d)(1)(A)(i) of title 23, 
United States Code. 
(c) USE OF FUNDS.— 
(1) ELIGIBLE PROJECTS.—Funds made avail-
able under this section may be obligated for the pur-
poses described in section 133(b) of title 23, United 
States Code. 
(2) ADMINISTRATIVE
EXPENSES
AND
TECH-
NICAL ASSISTANCE.—Of the amounts made available 
under this section, the Secretary may set aside not 
more than $5,000,000 for program management, 
oversight, and technical assistance to direct recipi-
ents. 
(d) RESPONSIBILITIES OF DIRECT RECIPIENTS.— 
(1) DIRECT
AVAILABILITY
OF
FUNDS.—Not-
withstanding title 23, United States Code, the 
amounts made available under this section shall be 
allocated to each direct recipient for obligation.
346 
(2) PROJECT DELIVERY.— 
(A) IN
GENERAL.—The direct recipient 
may collaborate with a State, unit of local gov-
ernment, regional entity, or transit agency to 
carry out a project under this section and en-
sure compliance with all applicable Federal re-
quirements. 
(B) STATE AUTHORITY.—The State may 
exercise, on behalf of the direct recipient, any 
available decisionmaking authorities or actions 
assumed from the Secretary. 
(C) USE OF FUNDS.—The direct recipient 
may use amounts made available under this 
section to compensate a State, unit of local gov-
ernment, regional entity, or transit agency for 
costs incurred in providing assistance under 
this paragraph. 
(3) DISTRIBUTION OF AMOUNTS AMONG DIRECT 
RECIPIENTS.— 
(A) IN
GENERAL.—Subject to subpara-
graph (B), on the first day of the fiscal year for 
which funds are made available under this sec-
tion, the Secretary shall allocate such funds to 
each direct recipient as the proportion of the 
population (as determined by data collected by
347 
the Bureau of the Census) of the urbanized 
area represented by any 1 direct recipient bears 
to the total population of all of urbanized areas 
represented by all direct recipients. 
(B) MINIMUM AND MAXIMUM AMOUNTS.— 
Of funds allocated to direct recipients under 
subparagraph (A), each direct recipient shall re-
ceive not less than $10,000,000 and not more 
than $50,000,000 each fiscal year. 
(C) MINIMUM GUARANTEED AMOUNT.—In 
making a determination whether to designate a 
metropolitan planning organization as a direct 
recipient under subsection (b), the Secretary 
shall ensure that each direct recipient receives 
the minimum required allocation under sub-
paragraph (B). 
(D) 
ADDITIONAL
AMOUNTS.—If 
any 
amounts remain undistributed after the dis-
tribution described in this subsection, such re-
maining amounts and an associated amount of 
obligation limitation shall be made available as 
if suballocated under clauses (i) and (ii) of sec-
tion 133(d)(1)(A) of title 23, United States 
Code, and distributed among the States in the 
proportion that the relative shares of the popu-
348 
lation (as determined by data collected by the 
Bureau of the Census) of the urbanized areas 
of each State bears to the total populations of 
all urbanized areas across all States. 
(4) ASSUMPTION OF RESPONSIBILITY OF THE 
SECRETARY.— 
(A) IN
GENERAL.—For projects carried 
out with funds provided under this section, the 
direct recipient may assume the responsibilities 
of the Secretary under section 106 of title 23, 
United States Code, for design, plans, specifica-
tions, estimates, contract awards, and inspec-
tions with respect to the projects unless the 
Secretary determines that the assumption is not 
appropriate. 
(B) AGREEMENT.—The Secretary and the 
direct recipient shall enter into an agreement 
relating to the extent to which the direct recipi-
ent assumes the responsibilities of the Secretary 
under this paragraph. 
(C) LIMITATIONS.—The Secretary shall re-
tain responsibilities described in subparagraph 
(A) for any project that the Secretary deter-
mines to be in a high-risk category, including 
projects on the National Highway System.
349 
(e) EXPENDITURE OF FUNDS.— 
(1) CONSISTENCY WITH METROPOLITAN PLAN-
NING.—Except as otherwise provided in this section, 
programming and expenditure of funds for projects 
under this section shall be consistent with the re-
quirements of section 134 of title 23, United States 
Code, and section 5303 of title 49, United States 
Code. 
(2) SELECTION OF PROJECTS.— 
(A) IN
GENERAL.—Notwithstanding sub-
sections (j)(5) and (k)(4) of section 134 of title 
23, United States Code, or subsections (j)(5) 
and (k)(4) of section 5303 of title 49, United 
States Code, a direct recipient shall select, from 
the approved transportation improvement pro-
gram under such sections, all projects to be 
funded under this section, including projects on 
the National Highway System. 
(B) ELIGIBLE PROJECTS.—The project se-
lection process described in this subsection shall 
apply to all federally funded projects within the 
boundaries of a metropolitan planning area 
served by a direct recipient that are carried out 
under this section.
350 
(C) CONSULTATION REQUIRED.—In select-
ing a project under this subsection, the metro-
politan planning organization shall consult 
with— 
(i) in the case of a highway project, 
the State and locality in which such project 
is located; and 
(ii) in the case of a transit project, 
any affected public transportation oper-
ator. 
(3) RULE OF CONSTRUCTION.—Nothing in this 
section shall be construed to limit the ability of a di-
rect recipient to partner with a State department of 
transportation or other recipient of Federal funds 
under title 23, United States Code, or chapter 53 of 
title 49, United States Code, to carry out a project. 
(f) TREATMENT OF FUNDS.— 
(1) IN GENERAL.—Except as provided in this 
section, funds made available to carry out this sec-
tion shall be administered as if apportioned under 
chapter 1 of title 23, United States Code. 
(2) FEDERAL SHARE.—The Federal share of 
the cost of a project carried out under this section 
shall be determined in accordance with section 120 
of title 23, United States Code.
351 
(g) REPORT.— 
(1) DIRECT
RECIPIENT
REPORT.—Not later 
than 60 days after the end of each fiscal year, each 
direct recipient shall submit to the Secretary a re-
port that includes— 
(A) a list of projects funded with amounts 
provided under this section; 
(B) a description of any obstacles to com-
plete projects or timely obligation of funds; and 
(C) recommendations to improve the effec-
tiveness of the program under this section. 
(2) REPORT TO CONGRESS.—Not later than Oc-
tober 1, 2024, the Secretary shall submit to the 
Committee on Environment and Public Works of the 
Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives a re-
port that— 
(A) summarizes the findings of each direct 
recipient provided under paragraph (1); 
(B) describes the efforts undertaken by 
both direct recipients and the Secretary to en-
sure compliance with the requirements of title 
23 and chapter 53 of title 49, United States 
Code;
352 
(C) analyzes the capacity of direct recipi-
ents to receive direct allocations of funds under 
chapter 1 of title 23, United States Code; and 
(D) provides recommendations from the 
Secretary to— 
(i) improve the administration, over-
sight, and performance of the program es-
tablished under this section; 
(ii) improve the effectiveness of direct 
recipients to complete projects and obligate 
funds in a timely manner; and 
(iii) evaluate options to expand the 
authority provided under this section, in-
cluding to allow for the direct allocation to 
metropolitan planning organizations of 
funds made available to carry out clause 
(i) or (ii) of section 133(d)(1)(A) of title 
23, United States Code. 
(3) UPDATE.—Not less frequently than every 2 
years, the Secretary shall update the report de-
scribed in paragraph (2). 
(h) DEFINITIONS.— 
(1) DIRECT RECIPIENT.—In this section, the 
term ‘‘direct recipient’’ means a metropolitan plan-
ning organization designated by the Secretary as
353 
high-performing under subsection (b) and that was 
directly allocated funds as described in subsection 
(d). 
(2) METROPOLITAN
PLANNING
AREA.—The 
term ‘‘metropolitan planning area’’ has the meaning 
given such term in section 134 of title 23, United 
States Code. 
(3) 
METROPOLITAN
PLANNING
ORGANIZA-
TION.—The term ‘‘metropolitan planning organiza-
tion’’ has the meaning given such term in section 
134 of title 23, United States Code. 
(4) NATIONAL
HIGHWAY
SYSTEM.—The term 
‘‘National Highway System’’ has the meaning given 
such term in section 101 of title 23, United States 
Code. 
(5) STATE.—The term ‘‘State’’ has the mean-
ing given such term in section 101 of title 23, 
United States Code. 
(6) URBANIZED AREA.—The term ‘‘urbanized 
area’’ has the meaning given such term in section 
134 of title 23, United States Code. 
SEC. 1306. GRIDLOCK REDUCTION GRANT PROGRAM. 
(a) ESTABLISHMENT.—The Secretary of Transpor-
tation shall establish a gridlock reduction program to 
make grants, on a competitive basis, for projects to re-
354 
duce, and mitigate the adverse impacts of, traffic conges-
tion. 
(b) APPLICATIONS.—To be eligible for a grant under 
this section, an applicant shall submit to the Secretary an 
application in such form, at such time, and containing 
such information as the Secretary determines appropriate. 
(c) ELIGIBLE
APPLICANTS.—The Secretary may 
make grants under this section to an applicant that is 
serving a combined statistical area, as defined by the Of-
fice of Management and Budget, with a population of not 
less than 1,300,000 and that is— 
(1) a metropolitan planning organization; 
(2) a unit of local government or a group of 
local governments; 
(3) a multijurisdictional group of entities de-
scribed in paragraphs (1) and (2); 
(4) a special purpose district or public authority 
with a transportation function, including a port au-
thority; or 
(5) a State that is in partnership with an entity 
or group of entities described in paragraph (1), (2), 
or (3). 
(d) ELIGIBLE PROJECTS.—The Secretary may award 
grants under this section to applicants that submit a com-
prehensive program of surface transportation-related
355 
projects to reduce traffic congestion and related adverse 
impacts, including a project for one or more of the fol-
lowing: 
(1) Transportation systems management and 
operations. 
(2) Intelligent transportation systems. 
(3) Real-time traveler information. 
(4) Traffic incident management. 
(5) Active traffic management. 
(6) Traffic signal timing. 
(7) Multimodal travel payment systems. 
(8) Transportation demand management, in-
cluding employer-based commuting programs such 
as carpool, vanpool, transit benefit, parking cashout, 
shuttle, or telework programs. 
(9) A project to provide transportation options 
to reduce traffic congestion, including— 
(A) a project under chapter 53 of title 49, 
United States Code; 
(B) a bicycle or pedestrian project, includ-
ing a project to provide safe and connected ac-
tive transportation networks; and 
(C) a surface transportation project car-
ried out in accordance with the national travel 
and tourism infrastructure strategic plan under
356 
section 1431(e) of the FAST Act (49 U.S.C. 
301 note). 
(10) Any other project, as determined appro-
priate by the Secretary. 
(e) AWARD PRIORITIZATION.— 
(1) IN
GENERAL.—In selecting grants under 
this section, the Secretary shall prioritize applicants 
serving urbanized areas, as described in subsection 
(c), that are experiencing a high degree of recurrent 
transportation congestion, as determined by the Sec-
retary. 
(2) ADDITIONAL CONSIDERATIONS.—In select-
ing grants under this section, the Secretary shall 
also consider the extent to which the project 
would— 
(A) reduce traffic congestion and improve 
the reliability of the surface transportation sys-
tem; 
(B) mitigate the adverse impacts of traffic 
congestion on the surface transportation sys-
tem, including safety and environmental im-
pacts; 
(C) maximize the use of existing capacity; 
and
357 
(D) employ innovative, integrated, and 
multimodal solutions to the items described in 
subparagraphs (A), (B), and (C). 
(f) FEDERAL SHARE.— 
(1) IN GENERAL.—The Federal share of the 
cost of a project carried out under this section may 
not exceed 60 percent. 
(2) MAXIMUM FEDERAL SHARE.—Federal as-
sistance other than a grant for a project under this 
section may be used to satisfy the non-Federal share 
of the cost of such project, except that the total Fed-
eral assistance provided for a project receiving a 
grant under this section may not exceed 80 percent 
of the total project cost. 
(g) USE OF FUNDS.—Funds made available for a 
project under this section may be used for— 
(1) development phase activities, including plan-
ning, feasibility analysis, revenue forecasting, envi-
ronmental review, preliminary engineering and de-
sign work, and other preconstruction activities; and 
(2) construction, reconstruction, rehabilitation, 
acquisition of real property (including land related 
to the project and improvements to the land), envi-
ronmental mitigation, construction contingencies, ac-
358 
quisition of equipment, and operational improve-
ments. 
(h) FUNDING.— 
(1) GRANT AMOUNT.—A grant under this sec-
tion shall be in an amount not less than 
$10,000,000 and not more than $50,000,000. 
(2) 
AVAILABILITY.—Funds 
made 
available 
under this program shall be available until expended. 
(i) FREIGHT PROJECT SET-ASIDE.— 
(1) IN GENERAL.—The Secretary shall set aside 
not less than 50 percent of the funds made available 
to carry out this section for grants for freight 
projects under this subsection. 
(2) ELIGIBLE USES.—The Secretary shall pro-
vide funds set aside under this subsection to appli-
cants that submit a comprehensive program of sur-
face 
transportation-related 
projects 
to 
reduce 
freight-related traffic congestion and related adverse 
impacts, including— 
(A) freight intelligent transportation sys-
tems; 
(B) real-time freight parking information; 
(C) real-time freight routing information; 
(D) freight transportation and delivery 
safety projects;
359 
(E) first-mile and last-mile delivery solu-
tions; 
(F) shifting freight delivery to off-peak 
travel times; 
(G) reducing greenhouse gas emissions and 
air pollution from freight transportation and 
delivery, including through the use of innovative 
vehicles that produce fewer greenhouse gas 
emissions; 
(H) use of centralized delivery locations; 
(I) designated freight vehicle parking and 
staging areas; 
(J) curb space management; and 
(K) other projects, as determined appro-
priate by the Secretary. 
(3) AWARD PRIORITIZATION.— 
(A) IN GENERAL.—In providing funds set 
aside under this section, the Secretary shall 
prioritize applicants serving urbanized areas, as 
described in subsection (c), that are experi-
encing a high degree of recurrent congestion 
due to freight transportation, as determined by 
the Secretary. 
(B) ADDITIONAL
CONSIDERATIONS.—In 
providing funds set aside under this subsection,
360 
the Secretary shall consider the extent to which 
the proposed project— 
(i) reduces freight-related traffic con-
gestion and improves the reliability of the 
freight transportation system; 
(ii) mitigates the adverse impacts of 
freight-related traffic congestion on the 
surface transportation system, including 
safety and environmental impacts; 
(iii) maximizes the use of existing ca-
pacity; 
(iv) employs innovative, integrated, 
and multimodal solutions to the items de-
scribed in clauses (i) through (iii); 
(v) leverages Federal funds with non- 
Federal contributions; and 
(vi) integrates regional multimodal 
transportation 
management 
and 
oper-
ational projects that address both pas-
senger and freight congestion. 
(4) FLEXIBILITY.—If the Secretary determines 
that there are insufficient qualified applicants to use 
the funds set aside under this subsection, the Sec-
retary may use such funds for grants for any 
projects eligible under this section.
362 
Housing, and Urban Affairs of the Senate, and 
make publicly available on a website, a report detail-
ing— 
(A) a summary of any information pro-
vided under paragraph (1); and 
(B) recommendations and best practices 
to— 
(i) reduce traffic congestion, including 
freight-related traffic congestion, and im-
prove the reliability of the surface trans-
portation system; 
(ii) mitigate the adverse impacts of 
traffic congestion, including freight-related 
traffic congestion, on the surface transpor-
tation system, including safety and envi-
ronmental impacts; and 
(iii) employ innovative, integrated, 
and multimodal solutions to the items de-
scribed in clauses (i) and (ii). 
(k) NOTIFICATION.—Not later than 3 business days 
before awarding a grant under this section, the Secretary 
shall notify the Committee on Transportation and Infra-
structure of the House of Representatives and the Com-
mittee on Environment and Public Works, the Committee 
on Commerce, Science, and Transportation, and the Com-
363 
mittee on Banking, Housing, and Urban Affairs of the 
Senate of the intention to award such a grant. 
(l) TREATMENT OF PROJECTS.— 
(1) FEDERAL REQUIREMENTS.—The Secretary 
shall, with respect to a project funded by a grant 
under this section, apply— 
(A) the requirements of title 23, United 
States Code, to a highway project; 
(B) the requirements of chapter 53 of title 
49, United States Code, to a public transpor-
tation project; and 
(C) the requirements of section 22905 of 
title 49, United States Code, to a passenger rail 
or freight rail project. 
(2) MULTIMODAL PROJECTS.— 
(A) IN
GENERAL.—Except as otherwise 
provided in this paragraph, if an eligible project 
is a multimodal project, the Secretary shall— 
(i) determine the predominant modal 
component of the project; and 
(ii) apply the applicable requirements 
of such predominant modal component to 
the project. 
(B) EXCEPTIONS.—
364 
(i) PASSENGER
OR
FREIGHT
RAIL 
COMPONENT.—For 
any 
passenger 
or 
freight rail component of a project, the re-
quirements of section 22907(j)(2) of title 
49, United States Code, shall apply. 
(ii) PUBLIC TRANSPORTATION COMPO-
NENT.—For any public transportation 
component of a project, the requirements 
of section 5333 of title 49, United States 
Code, shall apply. 
(C) BUY AMERICA.—In applying the Buy 
American requirements under section 313 of 
title 23, United States Code, and sections 5320, 
22905(a), and 24305(f) of title 49, United 
States Code, to a multimodal project under this 
paragraph, the Secretary shall— 
(i) consider the various modal compo-
nents of the project; and 
(ii) seek to maximize domestic jobs. 
(3) FEDERAL-AID HIGHWAY REQUIREMENTS.— 
Notwithstanding any other provision of this sub-
section, the Secretary shall require recipients of 
grants under this section to comply with subsection 
(a) of section 113 of title 23, United States Code, 
with respect to public transportation projects, pas-
365 
senger rail projects, and freight rail projects, in the 
same manner that recipients of grants are required 
to comply with such subsection for construction 
work performed on highway projects on Federal-aid 
highways. 
(m) TREATMENT OF FUNDS.—Except as provided in 
subsection (l), funds authorized for the purposes described 
in this section shall be available for obligation in the same 
manner as if the funds were apportioned under chapter 
1 of title 23, United States Code. 
SEC. 1307. REBUILD RURAL GRANT PROGRAM. 
(a) ESTABLISHMENT.—The Secretary of Transpor-
tation shall establish a rebuild rural grant program to im-
prove the safety, state of good repair, and connectivity of 
transportation infrastructure in rural communities. 
(b) GRANT AUTHORITY.— 
(1) IN GENERAL.—In carrying out the program 
established in subsection (a), the Secretary shall 
make grants, on a competitive basis, in accordance 
with this section. 
(2) GRANT AMOUNT.—A grant made under this 
program shall be for no more than $25,000,000. 
(c) ELIGIBLE
APPLICANTS.—The Secretary may 
make a grant under this section to— 
(1) a State;
366 
(2) a metropolitan planning organization or a 
regional transportation planning organization; 
(3) a unit of local government; 
(4) a Federal land management agency; 
(5) a Tribal government or a consortium of 
Tribal governments; 
(6) a territory; and 
(7) a multijurisdictional group of entities de-
scribed in this subsection. 
(d) APPLICATIONS.—To be eligible for a grant under 
this section, an entity specified under subsection (c) shall 
submit to the Secretary an application in such form, at 
such time, and containing such information as the Sec-
retary determines is appropriate. 
(e) ELIGIBLE PROJECTS.—The Secretary shall pro-
vide grants under this section to projects eligible under 
title 23, United States Code, including projects on and off 
the Federal-aid highway system, that improve safety, state 
of good repair, or connectivity in a rural community, in-
cluding projects to— 
(1) improve transportation safety, including 
projects on high-risk rural roads and on Federal 
lands;
367 
(2) improve state of good repair, including 
projects to repair and rehabilitate bridges on and off 
the Federal-aid highway system; 
(3) provide or increase access to jobs and serv-
ices; 
(4) provide or increase access to— 
(A) a grain elevator; 
(B) an agricultural facility; 
(C) a mining facility; 
(D) a forestry facility; 
(E) an intermodal facility; 
(F) travel or tourism destinations; or 
(G) any other facility that supports the 
economy of a rural community; and 
(5) reduce vehicle-wildlife collisions and improve 
habitat connectivity. 
(f) ELIGIBLE PROJECT COSTS.—Grant amounts for 
a project under this section may be used for— 
(1) development phase activities, including plan-
ning, feasibility analysis, revenue forecasting, envi-
ronmental review, preliminary engineering and de-
sign work, and other preconstruction activities; and 
(2) construction, reconstruction, rehabilitation, 
acquisition of real property (including land related 
to the project and improvements to the land), envi-
368 
ronmental mitigation, construction contingencies, ac-
quisition of equipment, and operational improve-
ments. 
(g) FEDERAL SHARE.— 
(1) IN GENERAL.—The share of the cost of a 
project provided with a grant under this section may 
not exceed 80 percent of the total cost of such 
project. 
(2) MAXIMUM FEDERAL ASSISTANCE.—Federal 
assistance other than a grant under this section may 
be used to satisfy up to 100 percent of the total cost 
of such project. 
(h) PRIORITY.—In making grants under this section, 
the Secretary shall prioritize projects that address— 
(1) significant transportation safety challenges; 
(2) state of good repair challenges that pose 
safety risks or risks to a local economy; 
(3) economic development challenges; 
(4) connectivity challenges that limit access to 
jobs or services; and 
(5) coordination of projects in the highway 
right-of-way with proposed broadband service infra-
structure needs. 
(i) NOTIFICATION.—Not later than 3 business days 
before awarding a grant under this section, the Secretary
369 
of Transportation shall notify the Committee on Transpor-
tation and Infrastructure of the House of Representatives 
and the Committee on Environment and Public Works of 
the Senate of the intention to award such a grant. 
(j) TREATMENT
OF PROJECTS.—Notwithstanding 
any other provision of law, a project carried out under this 
section shall be treated as if the project is located on a 
Federal-aid highway. 
(k) DEFINITION OF RURAL COMMUNITY.—In this 
section, the term ‘‘rural community’’ means an area that 
is not an urbanized area, as such term is defined in section 
101(a) of title 23, United States Code. 
SEC. 1308. PARKING FOR COMMERCIAL MOTOR VEHICLES. 
(a) ESTABLISHMENT.—The Secretary of Transpor-
tation shall establish a program under which the Secretary 
shall make grants, on a competitive basis, to eligible enti-
ties to address the shortage of parking for commercial 
motor vehicles to improve the safety of commercial motor 
vehicle operators. 
(b) APPLICATIONS.—To be eligible for a grant under 
this section, an eligible entity shall submit to the Secretary 
an application in such form, at such time, and containing 
such information as the Secretary may require. 
(c) ELIGIBLE PROJECTS.—Projects eligible under 
this section are projects that—
370 
(1) construct safety rest areas that include 
parking for commercial motor vehicles; 
(2) construct commercial motor vehicle parking 
facilities— 
(A) adjacent to private commercial truck-
stops and travel plazas; 
(B) within the boundaries of, or adjacent 
to, a publicly owned freight facility, including a 
port terminal operated by a public authority; 
and 
(C) at existing facilities, including inspec-
tion and weigh stations and park-and-ride loca-
tions; 
(3) open existing weigh stations, safety rest 
areas, and park-and-ride facilities to commercial 
motor vehicle parking; 
(4) facilitate access to publicly and privately 
provided commercial motor vehicle parking, such as 
through the use of intelligent transportation sys-
tems; 
(5) construct turnouts along a Federal-aid 
highway for commercial motor vehicles; 
(6) make capital improvements to public com-
mercial motor vehicle parking facilities that are
371 
closed on a seasonal basis to allow the facilities to 
remain open year-round; 
(7) open existing commercial motor vehicle 
chain-up areas that are closed on a seasonal basis to 
allow the facilities to remain open year-round for 
commercial motor vehicle parking; 
(8) address commercial motor vehicle parking 
and layover needs in emergencies that strain the ca-
pacity of existing publicly and privately provided 
commercial motor vehicle parking; and 
(9) make improvements to existing commercial 
motor vehicle parking facilities, including advanced 
truckstop electrification systems. 
(d) USE OF FUNDS.— 
(1) IN GENERAL.—An eligible entity may use a 
grant under this section for— 
(A) development phase activities, including 
planning, feasibility analysis, benefit-cost anal-
ysis, environmental review, preliminary engi-
neering 
and 
design 
work, 
and 
other 
preconstruction activities necessary to advance 
a project described in subsection (c); and 
(B) construction and operational improve-
ments, as such terms are defined in section 101 
of title 23, United States Code.
372 
(2) PRIVATE SECTOR PARTICIPATION.—An eli-
gible entity that receives a grant under this section 
may partner with a private entity to carry out an eli-
gible project under this section. 
(3) LIMITATION.—Not more than 10 percent of 
the amounts made available to carry out this section 
may be used to promote the availability of existing 
commercial motor vehicle parking. 
(e) SELECTION CRITERIA.—In making grants under 
this section, the Secretary shall consider— 
(1) in the case of construction of new commer-
cial motor vehicle parking capacity, the shortage of 
public and private commercial motor vehicle parking 
near the project; and 
(2) the extent to which each project— 
(A) would increase commercial motor vehi-
cle parking capacity or utilization; 
(B) would facilitate the efficient movement 
of freight; 
(C) would improve safety, traffic conges-
tion, and air quality; 
(D) is cost effective; and 
(E) reflects consultation with motor car-
riers, commercial motor vehicle operators, and
373 
private providers of commercial motor vehicle 
parking. 
(f) NOTIFICATION OF CONGRESS.—Not later than 3 
business days before announcing a project selected to re-
ceive a grant under this section, the Secretary of Trans-
portation shall notify the Committee on Transportation 
and Infrastructure of the House of Representatives and 
the Committee on Environment and Public Works of the 
Senate of the intention to award such a grant. 
(g) TREATMENT OF FUNDS.— 
(1) 
TREATMENT
OF
PROJECTS.—Notwith-
standing any other provision of law, any project 
funded by a grant under this section shall be treated 
as a project on a Federal-aid highway under chapter 
1 of title 23, United States Code. 
(2) FEDERAL SHARE.—The Federal share of 
the cost of a project under this section shall be de-
termined in accordance with subsections (b) and (c) 
of section 120 of title 23, United States Code. 
(h) PROHIBITION ON CHARGING FEES.—To be eligi-
ble for a grant under this section, an eligible entity shall 
certify that no fees will be charged for the use of a project 
assisted with such grant. 
(i) AMENDMENT TO MAP–21.—Section 1401(c)(1) 
of MAP–21 (23 U.S.C. 137 note) is amended—
374 
(1) by inserting ‘‘and private providers of com-
mercial motor vehicle parking’’ after ‘‘personnel’’; 
and 
(2) in subparagraph (A) by striking ‘‘the capa-
bility of the State to provide’’ and inserting ‘‘the 
availability of’’. 
(j) SURVEY; COMPARATIVE ASSESSMENT; REPORT.— 
(1) UPDATE.—Not later than 2 years after the 
date of enactment of this Act, the Secretary shall 
update the survey of each State required under sec-
tion 1401(c)(1) of the MAP–21 (23 U.S.C. 137 
note). 
(2) REPORT.—Not later than 1 year after the 
deadline under paragraph (1), the Secretary shall 
publish on the website of the Department of Trans-
portation a report that— 
(A) evaluates the availability of adequate 
parking and rest facilities for commercial motor 
vehicles engaged in interstate transportation; 
(B) evaluates the effectiveness of the 
projects funded under this section in improving 
access to commercial motor vehicle parking; and 
(C) reports on the progress being made to 
provide adequate commercial motor vehicle 
parking facilities in the State.
375 
(3) CONSULTATION.—The Secretary shall pre-
pare the report required under paragraph (2) in con-
sultation with— 
(A) relevant State motor carrier safety 
personnel; 
(B) motor carriers and commercial motor 
vehicle operators; and 
(C) private providers of commercial motor 
vehicle parking. 
(k) DEFINITIONS.—In this section: 
(1) COMMERCIAL MOTOR VEHICLE.—The term 
‘‘commercial motor vehicle’’ has the meaning given 
such term in section 31132 of title 49, United 
States Code. 
(2) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means— 
(A) a State; 
(B) a metropolitan planning organization; 
(C) a unit of local government; 
(D) a political subdivision of a State or 
local government carrying out responsibilities 
relating to commercial motor vehicle parking; 
and
376 
(E) a multistate or multijurisdictional 
group of entities described in subparagraphs 
(A) through (D). 
(3) SAFETY
REST
AREA.—The term ‘‘safety 
rest area’’ has the meaning given such term in sec-
tion 120(c) of title 23, United States Code. 
SEC. 
1309. 
ACTIVE 
TRANSPORTATION 
CONNECTIVITY 
GRANT PROGRAM. 
(a) ESTABLISHMENT.—The Secretary of Transpor-
tation shall establish an active transportation connectivity 
grant program to provide for safe and connected active 
transportation facilities. 
(b) GRANT AUTHORITY.—In carrying out the pro-
gram established in subsection (a), the Secretary shall 
make grants, on a competitive basis, in accordance with 
this section. 
(c) ELIGIBLE
APPLICANTS.—The Secretary may 
make a grant under this section to— 
(1) a State; 
(2) a metropolitan planning organization; 
(3) a regional transportation authority; 
(4) a unit of local government, including a 
county or multi-county special district; 
(5) a Federal land management agency; 
(6) a natural resource or public land agency;
377 
(7) a Tribal government or a consortium of 
Tribal governments; 
(8) any local or regional governmental entity 
with responsibility for or oversight of transportation 
or recreational trails; and 
(9) a multistate or multijurisdictional group of 
entities described in this subsection. 
(d) APPLICATIONS.—To be eligible for a grant under 
this section, an entity specified under subsection (c) shall 
submit to the Secretary an application in such form, at 
such time, and containing such information as the Sec-
retary determines is appropriate. 
(e) ELIGIBLE PROJECTS.—The Secretary shall pro-
vide grants under this section to projects that improve the 
connectivity and the use of active transportation facili-
ties— 
(1) including— 
(A) active transportation networks; 
(B) active transportation spines; and 
(C) planning related to the development 
of— 
(i) active transportation networks; 
(ii) active transportation spines; and 
(iii) complete streets plans to create a 
connected network of active transportation
378 
facilities, including sidewalks, bikeways, or 
pedestrian and bicycle trails; and 
(2) that have— 
(A) total project costs of not less than 
$15,000,000; or 
(B) in the case of planning grants under 
subsection (f), a total cost of not less than 
$100,000. 
(f) PLANNING GRANTS.—Of the amounts made avail-
able to carry out this section, the Secretary may use not 
more than 10 percent to provide planning grants to eligi-
ble applicants for activities under subsection (e)(1)(C). 
(g) CONSIDERATIONS.—In making grants under this 
section, the Secretary shall consider the extent to which— 
(1) a project is likely to provide substantial ad-
ditional opportunities for walking and bicycling, in-
cluding through the creation of— 
(A) active transportation networks con-
necting destinations within or between commu-
nities, including schools, workplaces, residences, 
businesses, recreation areas, and other commu-
nity areas; and 
(B) active transportation spines connecting 
two or more communities, metropolitan areas, 
or States;
379 
(2) an applicant has adequately considered or 
will consider, including through the opportunity for 
public comment, the environmental justice and eq-
uity impacts of the project; 
(3) the project would improve safety for vulner-
able road users, including through the use of com-
plete street design policies or a safe system ap-
proach; and 
(4) a project integrates active transportation fa-
cilities with public transportation services, where 
available, to improve access to public transportation. 
(h) LIMITATION.— 
(1) IN GENERAL.—The share of the cost of a 
project assisted with a grant under this section may 
not exceed 80 percent. 
(2) MAXIMUM FEDERAL ASSISTANCE.—Federal 
assistance other than a grant under this section may 
be used to satisfy up to 100 percent of the total 
project cost. 
(i) ELIGIBLE
PROJECT
COSTS.—Amounts made 
available for a project under this section may be used 
for— 
(1) development phase activities, including plan-
ning, feasibility analysis, revenue forecasting, envi-
380 
ronmental review, preliminary engineering and de-
sign work, and other preconstruction activities; and 
(2) construction, reconstruction, rehabilitation, 
acquisition of real property (including land related 
to the project and improvements to the land), envi-
ronmental mitigation, construction contingencies, ac-
quisition of equipment, and operational improve-
ments. 
(j) NOTIFICATION.—Not later than 3 business days 
before awarding a grant under this section, the Secretary 
of Transportation shall notify the Committee on Transpor-
tation and Infrastructure of the House of Representatives 
and the Committee on Environment and Public Works of 
the Senate of the intention to award such a grant. 
(k) TREATMENT
OF PROJECTS.—Notwithstanding 
any other provision of law, a project carried out under this 
section shall be treated in the manner described under sec-
tion 133(i) of title 23, United States Code. 
(l) DEFINITIONS.—In this section: 
(1) ACTIVE TRANSPORTATION.—The term ‘‘ac-
tive transportation’’ means mobility options powered 
primarily by human energy, including bicycling and 
walking. 
(2) ACTIVE TRANSPORTATION NETWORK.—The 
term ‘‘active transportation network’’ means facili-
381 
ties built for active transportation, including side-
walks, bikeways, and pedestrian and bicycle trails, 
that connect destinations within a community, a 
metropolitan area, or on Federal lands. 
(3) ACTIVE
TRANSPORTATION
SPINE.—The 
term ‘‘active transportation spine’’ means facilities 
built for active transportation, including sidewalks, 
bikeways, and pedestrian and bicycle trails, that con-
nect communities, metropolitan areas, Federal lands, 
or States. 
(4) SAFE SYSTEM APPROACH.—The term ‘‘safe 
system approach’’ has the meaning given such term 
in section 148(a) of title 23, United States Code. 
(5) VULNERABLE ROAD USER.—The term ‘‘vul-
nerable road user’’ has the meaning given such term 
in section 148(a) of title 23, United States Code. 
Subtitle D—Planning, Performance 
Management, and Asset Man-
agement 
SEC. 1401. METROPOLITAN TRANSPORTATION PLANNING. 
Section 134 of title 23, United States Code, is 
amended— 
(1) in subsection (a) by striking ‘‘resiliency 
needs while minimizing transportation-related fuel 
consumption and air pollution’’ and inserting ‘‘resil-
382 
ience and climate change adaptation needs while re-
ducing transportation-related fuel consumption, air 
pollution, and greenhouse gas emissions’’; 
(2) in subsection (b)— 
(A) by redesignating paragraphs (6) and 
(7) as paragraphs (7) and (8), respectively; and 
(B) by inserting after paragraph (5) the 
following: 
‘‘(6) STIP.—The term ‘STIP’ means a state-
wide transportation improvement program developed 
by a State under section 135(g).’’; 
(3) in subsection (c)— 
(A) in paragraph (1) by striking ‘‘and 
transportation improvement programs’’ and in-
serting ‘‘and TIPs’’; and 
(B) by adding at the end the following: 
‘‘(4) CONSIDERATION.—In developing the plans 
and TIPs, metropolitan planning organizations shall 
consider direct and indirect emissions of greenhouse 
gases.’’; 
(4) in subsection (d)— 
(A) in paragraph (2) by striking ‘‘Not 
later than 2 years after the date of enactment 
of MAP–21, each’’ and inserting ‘‘Each’’;
383 
(B) in paragraph (3) by adding at the end 
the following: 
‘‘(D) CONSIDERATIONS.— 
‘‘(i) EQUITABLE AND PROPORTIONAL 
REPRESENTATION.—In designating offi-
cials or representatives under paragraph 
(2), the metropolitan planning organization 
shall consider the equitable and propor-
tional representation of the population of 
the metropolitan planning area. 
‘‘(ii) SAVINGS
CLAUSE.—Nothing in 
this paragraph shall require a metropolitan 
planning organization in existence on the 
date of enactment of this subparagraph to 
be restructured. 
‘‘(iii) 
REDESIGNATION.—Notwith-
standing clause (ii), the requirements of 
this paragraph shall apply to any metro-
politan planning organization redesignated 
under paragraph (6).’’; 
(C) in paragraph (6)(B) by striking ‘‘para-
graph (2)’’ and inserting ‘‘paragraphs (2) or 
(3)(D)’’; and 
(D) in paragraph (7)—
384 
(i) by striking ‘‘an existing metropoli-
tan planning area’’ and inserting ‘‘an ur-
banized area’’; and 
(ii) by striking ‘‘the existing metro-
politan planning area’’ and inserting ‘‘the 
area’’; 
(5) in subsection (g)— 
(A) in paragraph (1) by striking ‘‘a metro-
politan area’’ and inserting ‘‘an urbanized 
area’’; 
(B) in paragraph (2) by striking ‘‘MPOS’’ 
and 
inserting 
‘‘METROPOLITAN
PLANNING 
AREAS’’; 
(C) in paragraph (3)(A) by inserting 
‘‘emergency response and evacuation, climate 
change adaptation and resilience,’’ after ‘‘dis-
aster risk reduction,’’; and 
(D) by adding at the end the following: 
‘‘(4) COORDINATION BETWEEN MPOS.— 
‘‘(A) IN GENERAL.—If more than one met-
ropolitan planning organization is designated 
within an urbanized area under subsection 
(d)(7), the metropolitan planning organizations 
designated within the area shall ensure, to the 
maximum extent practicable, the consistency of
385 
any data used in the planning process, includ-
ing information used in forecasting transpor-
tation demand. 
‘‘(B) SAVINGS CLAUSE.—Nothing in this 
paragraph requires metropolitan planning orga-
nizations designated within a single urbanized 
area to jointly develop planning documents, in-
cluding a unified long-range transportation plan 
or unified TIP.’’; 
(6) in subsection (h)(1)— 
(A) by striking subparagraph (E) and in-
serting the following: 
‘‘(E) protect and enhance the environment, 
promote energy conservation, reduce greenhouse 
gas emissions, improve the quality of life and 
public health, and promote consistency between 
transportation improvements and State and 
local planned growth and economic development 
patterns, including housing and land use pat-
terns;’’; 
(B) in subparagraph (I)— 
(i) by inserting ‘‘, sea level rise, ex-
treme weather, and climate change’’ after 
‘‘stormwater’’; and 
(ii) by striking ‘‘and’’ at the end;
386 
(C) by redesignating subparagraph (J) as 
subparagraph (M); and 
(D) by inserting after subparagraph (I) the 
following: 
‘‘(J) facilitate emergency management, re-
sponse, and evacuation and hazard mitigation; 
‘‘(K) improve the level of transportation 
system access; 
‘‘(L) support inclusive zoning policies and 
land use planning practices that incentivize af-
fordable, elastic, and diverse housing supply, fa-
cilitate long-term economic growth by improving 
the accessibility of housing to jobs, and prevent 
high housing costs from displacing economically 
disadvantaged households; and’’; 
(7) in subsection (h)(2) by striking subpara-
graph (A) and inserting the following: 
‘‘(A) IN GENERAL.—Through the use of a 
performance-based approach, transportation in-
vestment decisions made as a part of the metro-
politan transportation planning process shall 
support the national goals described in section 
150(b), the achievement of metropolitan and 
statewide targets established under section 
150(d), the improvement of transportation sys-
387 
tem access (consistent with section 150(f)), and 
the general purposes described in section 5301 
of title 49.’’; 
(8) in subsection (i)— 
(A) in paragraph (2)(D)(i) by inserting 
‘‘reduce greenhouse gas emissions and’’ before 
‘‘restore and maintain’’; 
(B) in paragraph (2)(G) by inserting ‘‘and 
climate change’’ after ‘‘infrastructure to natural 
disasters’’; 
(C) in paragraph (2)(H) by inserting 
‘‘greenhouse gas emissions,’’ after ‘‘pollution,’’; 
(D) in paragraph (5)— 
(i) in subparagraph (A) by inserting 
‘‘air quality, public health, housing, trans-
portation, resilience, hazard mitigation, 
emergency management,’’ after ‘‘conserva-
tion,’’; and 
(ii) by striking subparagraph (B) and 
inserting the following: 
‘‘(B) ISSUES.—The consultation shall in-
volve, as appropriate, comparison of transpor-
tation plans to other relevant plans, including, 
if available—
388 
‘‘(i) State conservation plans or maps; 
and 
‘‘(ii) inventories of natural or historic 
resources.’’; and 
(E) by amending paragraph (6)(C) to read 
as follows: 
‘‘(C) METHODS.— 
‘‘(i) IN
GENERAL.—In carrying out 
subparagraph (A), the metropolitan plan-
ning organization shall, to the maximum 
extent practicable— 
‘‘(I) hold any public meetings at 
convenient and accessible locations 
and times; 
‘‘(II) employ visualization tech-
niques to describe plans; and 
‘‘(III) make public information 
available in electronically accessible 
format and means, such as the inter-
net, as appropriate to afford reason-
able opportunity for consideration of 
public information under subpara-
graph (A). 
‘‘(ii) ADDITIONAL METHODS.—In ad-
dition to the methods described in clause
389 
(i), in carrying out subparagraph (A), the 
metropolitan planning organization shall, 
to the maximum extent practicable— 
‘‘(I) use virtual public involve-
ment, social media, and other web- 
based tools to encourage public par-
ticipation and solicit public feedback; 
and 
‘‘(II) use other methods, as ap-
propriate, to further encourage public 
participation of historically underrep-
resented individuals in the transpor-
tation planning process.’’; 
(9) in subsection (j) by striking ‘‘transportation 
improvement program’’ and inserting ‘‘TIP’’ each 
place it appears; and 
(10) by striking ‘‘Federally’’ each place it ap-
pears and inserting ‘‘federally’’. 
SEC. 1402. STATEWIDE AND NONMETROPOLITAN TRANS-
PORTATION PLANNING. 
Section 135 of title 23, United States Code, is 
amended— 
(1) in subsection (a)—
390 
(A) in paragraph (1) by striking ‘‘state-
wide transportation improvement program’’ and 
inserting ‘‘STIP’’; 
(B) in paragraph (2)— 
(i) by striking ‘‘The statewide trans-
portation plan and the’’ and inserting the 
following: 
‘‘(A) IN GENERAL.—The statewide trans-
portation plan and the’’; 
(ii) by striking ‘‘transportation im-
provement 
program’’ 
and 
inserting 
‘‘STIP’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(B) CONSIDERATION.—In developing the 
statewide transportation plans and STIPs, 
States shall consider direct and indirect emis-
sions of greenhouse gases.’’; and 
(C) in paragraph (3) by striking ‘‘trans-
portation improvement program’’ and inserting 
‘‘STIP’’; 
(2) in subsection (d)— 
(A) in paragraph (1)— 
(i) in subparagraph (E)—