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‘‘(i) include a description of how the 
plan will improve the ability of the State or 
metropolitan planning organization— 
‘‘(I) to respond promptly to the 
impacts of weather events and natural 
disasters; and 
‘‘(II) to be prepared for changing 
conditions, such as sea level rise and 
increased flood risk; 
‘‘(ii) describe the codes, standards, and 
regulatory framework, if any, adopted and 
enforced to ensure resilience improvements 
within the impacted area of proposed 
projects included in the resilience improve-
ment plan; 
‘‘(iii) consider the benefits of com-
bining hard surface transportation assets, 
and natural infrastructure, through coordi-
nated efforts by the Federal Government 
and the States; 
‘‘(iv) assess the resilience of other com-
munity assets, including buildings and 
housing, emergency management assets, and 
energy, water, and communication infra-
structure;
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‘‘(v) use a long-term planning period; 
and 
‘‘(vi) include such other information as 
the State or metropolitan planning organi-
zation considers appropriate. 
‘‘(3) NO NEW PLANNING REQUIREMENTS.—Noth-
ing in this section requires a metropolitan planning 
organization or a State to develop a resilience im-
provement plan or to include a resilience improve-
ment plan under the metropolitan transportation 
plan under section 134 or the long-range statewide 
transportation plan under section 135, as applicable, 
of the metropolitan planning organization or State. 
‘‘(f) MONITORING.— 
‘‘(1) IN GENERAL.—Not later than 18 months 
after the date of enactment of this section, the Sec-
retary shall— 
‘‘(A) establish, for the purpose of evaluating 
the effectiveness and impacts of projects carried 
out with a grant under subsection (d)— 
‘‘(i) subject to paragraph (2), transpor-
tation and any other metrics as the Sec-
retary determines to be necessary; and
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‘‘(ii) procedures for monitoring and 
evaluating projects based on those metrics; 
and 
‘‘(B) select a representative sample of 
projects to evaluate based on the metrics and 
procedures established under subparagraph (A). 
‘‘(2) NOTICE.—Before adopting any metrics de-
scribed in paragraph (1), the Secretary shall— 
‘‘(A) publish the proposed metrics in the 
Federal Register; and 
‘‘(B) provide to the public an opportunity 
for comment on the proposed metrics. 
‘‘(g) REPORTS.— 
‘‘(1) REPORTS FROM ELIGIBLE ENTITIES.—Not 
later than 1 year after the date on which a project 
carried out with a grant under subsection (d) is com-
pleted, the eligible entity that carried out the project 
shall submit to the Secretary a report on the results 
of the project and the use of the funds awarded. 
‘‘(2) REPORTS TO CONGRESS.— 
‘‘(A) ANNUAL
REPORTS.—The Secretary 
shall submit to the Committee on Environment 
and Public Works of the Senate and the Com-
mittee on Transportation and Infrastructure of 
the House of Representatives, and publish on the
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website of the Department of Transportation, an 
annual report that describes the implementation 
of the program during the preceding calendar 
year, including— 
‘‘(i) each project for which a grant was 
provided under subsection (d); 
‘‘(ii) information relating to project 
applications received; 
‘‘(iii) the manner in which the con-
sultation requirements were implemented 
under subsection (d); 
‘‘(iv) recommendations to improve the 
administration of subsection (d), including 
whether assistance from additional or fewer 
agencies to carry out the program is appro-
priate; 
‘‘(v) the period required to disburse 
grant funds to eligible entities based on ap-
plicable Federal coordination requirements; 
and 
‘‘(vi) a list of facilities that repeatedly 
require repair or reconstruction due to 
emergency events. 
‘‘(B) FINAL
REPORT.—Not later than 5 
years after the date of enactment of the Surface
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Transportation Reauthorization Act of 2021, the 
Secretary shall submit to Congress a report that 
includes the results of the reports submitted 
under subparagraph (A). 
‘‘(h) TREATMENT
OF PROJECTS.—Notwithstanding 
any other provision of law, a project assisted under this 
section shall be treated as a project on a Federal-aid high-
way under this chapter.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 
1 of title 23, United States Code (as amended by section 
11403(b)), is amended by inserting after the item relating 
to section 175 the following: 
‘‘176. Promoting Resilient Operations for Transformative, Efficient, and Cost-sav-
ing Transportation (PROTECT) program.’’. 
SEC. 11406. HEALTHY STREETS PROGRAM. 
(a) DEFINITIONS.—In this section: 
(1) COOL
PAVEMENT.—The term ‘‘cool pave-
ment’’ means a pavement with reflective surfaces with 
higher albedo to decrease the surface temperature of 
that pavement. 
(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 Tribal government; and
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(E) a nonprofit organization working in co-
ordination with an entity described in subpara-
graphs (A) through (D). 
(3) LOW-INCOME COMMUNITY.—The term ‘‘low- 
income community’’ means a census block group in 
which not less than 30 percent of the population lives 
below the poverty line (as defined in section 673 of 
the Community Services Block Grant Act (42 U.S.C. 
9902)). 
(4) POROUS
PAVEMENT.—The term ‘‘porous 
pavement’’ means a paved surface with a higher than 
normal percentage of air voids to allow water to pass 
through the surface and infiltrate into the subsoil. 
(5) PROGRAM.—The term ‘‘program’’ means the 
Healthy Streets program established under subsection 
(b). 
(6) STATE.—The term ‘‘State’’ has the meaning 
given the term in section 101(a) of title 23, United 
States Code. 
(7) TRIBAL
GOVERNMENT.—The term ‘‘Tribal 
government’’ means the recognized governing body of 
any Indian or Alaska Native tribe, band, nation, 
pueblo, village, community, component band, or com-
ponent reservation, individually identified (including 
parenthetically) in the list published most recently as
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of the date of enactment of this Act pursuant to sec-
tion 104 of the Federally Recognized Indian Tribe 
List Act of 1994 (25 U.S.C. 5131). 
(b) ESTABLISHMENT.—The Secretary shall establish a 
discretionary grant program, to be known as the ‘‘Healthy 
Streets program’’, to provide grants to eligible entities— 
(1) to deploy cool pavements and porous pave-
ments; and 
(2) to expand tree cover. 
(c) GOALS.—The goals of the program are— 
(1) to mitigate urban heat islands; 
(2) to improve air quality; and 
(3) to reduce— 
(A) the extent of impervious surfaces; 
(B) stormwater runoff and flood risks; and 
(C) heat impacts to infrastructure and road 
users. 
(d) APPLICATION.— 
(1) IN
GENERAL.—To be eligible to receive a 
grant under the program, an eligible entity shall sub-
mit to the Secretary an application at such time, in 
such manner, and containing such information as the 
Secretary may require.
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(2) REQUIREMENTS.—The application submitted 
by an eligible entity under paragraph (1) shall in-
clude a description of— 
(A) how the eligible entity would use the 
grant funds; and 
(B) the contribution that the projects in-
tended to be carried out with grant funds would 
make to improving the safety, health outcomes, 
natural environment, and quality of life in low- 
income communities and disadvantaged commu-
nities. 
(e) USE OF FUNDS.—An eligible entity that receives 
a grant under the program may use the grant funds for 
1 or more of the following activities: 
(1) Conducting an assessment of urban heat is-
lands to identify hot spot areas of extreme heat or ele-
vated air pollution. 
(2) Conducting a comprehensive tree canopy as-
sessment, which shall assess the current tree locations 
and canopy, including— 
(A) an inventory of the location, species, 
condition, and health of existing tree canopies 
and trees on public facilities; and 
(B) an identification of—
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(i) the locations where trees need to be 
replaced; 
(ii) empty tree boxes or other locations 
where trees could be added; and 
(iii) flood-prone locations where trees 
or other natural infrastructure could miti-
gate flooding. 
(3) Conducting an equity assessment by map-
ping tree canopy gaps, flood-prone locations, and 
urban heat island hot spots as compared to— 
(A) pedestrian walkways and public trans-
portation stop locations; 
(B) low-income communities; and 
(C) disadvantaged communities. 
(4) Planning activities, including developing an 
investment plan based on the results of the assess-
ments carried out under paragraphs (1), (2), and (3). 
(5) Purchasing and deploying cool pavements to 
mitigate urban heat island hot spots. 
(6) Purchasing and deploying porous pavement 
to mitigate flooding and stormwater runoff in— 
(A) pedestrian-only areas; and 
(B) areas of low-volume, low-speed vehicular 
use.
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(7) Purchasing of trees, site preparation, plant-
ing of trees, ongoing maintenance and monitoring of 
trees, and repairing of storm damage to trees, with 
priority given to— 
(A) to the extent practicable, the planting of 
native species; and 
(B) projects located in a neighborhood with 
lower tree cover or higher maximum daytime 
summer temperatures compared to surrounding 
neighborhoods. 
(8) Assessing underground infrastructure and co-
ordinating with local transportation and utility pro-
viders. 
(9) Hiring staff to conduct any of the activities 
described in paragraphs (1) through (8). 
(f) PRIORITY.—In awarding grants to eligible entities 
under the program, the Secretary shall give priority to an 
eligible entity— 
(1) proposing to carry out an activity or project 
in a low-income community or a disadvantaged com-
munity; 
(2) that has entered into a community benefits 
agreement with representatives of the community; or
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(3) that is partnering with a qualified youth or 
conservation corps (as defined in section 203 of the 
Public Lands Corps Act of 1993 (16 U.S.C. 1722)). 
(g) DISTRIBUTION REQUIREMENT.—Of the amounts 
made available to carry out the program for each fiscal 
year, not less than 80 percent shall be provided for projects 
in urbanized areas (as defined in section 101(a) of title 23, 
United States Code). 
(h) FEDERAL SHARE.— 
(1) IN
GENERAL.—Except as provided under 
paragraph (2), the Federal share of the cost of a 
project carried out under the program shall be 80 per-
cent. 
(2) WAIVER.—The Secretary may increase the 
Federal share requirement under paragraph (1) to 
100 percent for projects carried out by an eligible en-
tity that demonstrates economic hardship, as deter-
mined by the Secretary. 
(i) MAXIMUM GRANT AMOUNT.—An individual grant 
under this section shall not exceed $15,000,000. 
(j) TREATMENT OF PROJECTS.—Notwithstanding any 
other provision of law, a project assisted under this section 
shall be treated as a project on a Federal-aid highway under 
chapter 1 of title 23, United States Code.
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Subtitle E—Miscellaneous 
SEC. 11501. ADDITIONAL DEPOSITS INTO HIGHWAY TRUST 
FUND. 
(a) IN GENERAL.—Section 105 of title 23, United 
States Code, is repealed. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 
1 of title 23, United States Code, is amended by striking 
the item relating to section 105. 
SEC. 11502. STOPPING THREATS ON PEDESTRIANS. 
(a) 
DEFINITION
OF
BOLLARD
INSTALLATION 
PROJECT.—In this section, the term ‘‘bollard installation 
project’’ means a project to install raised concrete or metal 
posts on a sidewalk adjacent to a roadway that are designed 
to slow or stop a motor vehicle. 
(b) ESTABLISHMENT.—Not later than 1 year after the 
date of enactment of this Act and subject to the availability 
of appropriations, the Secretary shall establish and carry 
out a competitive grant pilot program to provide assistance 
to State departments of transportation and local govern-
ment entities for bollard installation projects designed to 
prevent pedestrian injuries and acts of terrorism in areas 
used by large numbers of pedestrians. 
(c) APPLICATION.—To be eligible to receive a grant 
under this section, a State department of transportation or 
local government entity shall submit to the Secretary an
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application at such time, in such form, and containing such 
information as the Secretary determines to be appropriate, 
which shall include, at a minimum— 
(1) a description of the proposed bollard installa-
tion project to be carried out; 
(2) a description of the pedestrian injury or ter-
rorism risks with respect to the proposed installation 
area; and 
(3) an analysis of how the proposed bollard in-
stallation project will mitigate those risks. 
(d) USE OF FUNDS.—A recipient of a grant under this 
section may only use the grant funds for a bollard installa-
tion project. 
(e) FEDERAL SHARE.—The Federal share of the costs 
of a bollard installation project carried out with a grant 
under this section may be up to 100 percent. 
(f) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary to carry out 
this section $5,000,000 for each of fiscal years 2022 through 
2026. 
(g) TREATMENT OF PROJECTS.—Notwithstanding any 
other provision of law, a project assisted under this section 
shall be treated as a project on a Federal-aid highway under 
chapter 1 of title 23, United States Code.
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SEC. 11503. TRANSFER AND SALE OF TOLL CREDITS. 
(a) DEFINITIONS.—In this section: 
(1) ORIGINATING STATE.—The term ‘‘originating 
State’’ means a State that— 
(A) is eligible to use a credit under section 
120(i) of title 23, United States Code; and 
(B) has been selected by the Secretary under 
subsection (d)(2). 
(2) PILOT PROGRAM.—The term ‘‘pilot program’’ 
means the pilot program established under subsection 
(b). 
(3) RECIPIENT
STATE.—The term ‘‘recipient 
State’’ means a State that receives a credit by trans-
fer or by sale under this section from an originating 
State. 
(4) STATE.—The term ‘‘State’’ has the meaning 
given the term in section 101(a) of title 23, United 
States Code. 
(b) ESTABLISHMENT OF PILOT PROGRAM.—The Sec-
retary shall establish and implement a toll credit exchange 
pilot program in accordance with this section. 
(c) PURPOSES.—The purposes of the pilot program 
are— 
(1) to identify the extent of the demand to pur-
chase toll credits;
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(2) to identify the cash price of toll credits 
through bilateral transactions between States; 
(3) to analyze the impact of the purchase or sale 
of toll credits on transportation expenditures; 
(4) to test the feasibility of expanding the pilot 
program to allow all States to participate on a per-
manent basis; and 
(5) to identify any other repercussions of the toll 
credit exchange. 
(d) SELECTION OF ORIGINATING STATES.— 
(1) APPLICATION.—In order to participate in the 
pilot program as an originating State, a State shall 
submit to the Secretary an application at such time, 
in such manner, and containing such information as 
the Secretary may require, including, at a minimum, 
such information as is required for the Secretary to 
verify— 
(A) the amount of unused toll credits for 
which the State has submitted certification to the 
Secretary that are available to be sold or trans-
ferred under the pilot program, including— 
(i) toll revenue generated and the 
sources of that revenue; 
(ii) toll revenue used by public, quasi- 
public, and private agencies to build, im-
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prove, or maintain highways, bridges, or 
tunnels that serve the public purpose of 
interstate commerce; and 
(iii) an accounting of any Federal 
funds used by the public, quasi-public, or 
private agency to build, improve, or main-
tain the toll facility, to validate that the 
credit has been reduced by a percentage 
equal to the percentage of the total cost of 
building, improving, or maintaining the fa-
cility that was derived from Federal funds; 
(B) the documentation of maintenance of ef-
fort for toll credits earned by the originating 
State; and 
(C) the accuracy of the accounting system of 
the State to earn and track toll credits. 
(2) SELECTION.—Of the States that submit an 
application under paragraph (1), the Secretary may 
select not more than 10 States to be designated as an 
originating State. 
(3) LIMITATION ON SALES.—At any time, the 
Secretary may limit the amount of unused toll credits 
that may be offered for sale under the pilot program. 
(e) TRANSFER OR SALE OF CREDITS.—
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(1) IN GENERAL.—In carrying out the pilot pro-
gram, the Secretary shall provide that an originating 
State may transfer or sell to a recipient State a cred-
it not previously used by the originating State under 
section 120(i) of title 23, United States Code. 
(2) WEBSITE
SUPPORT.—The Secretary shall 
make available a publicly accessible website on which 
originating States shall post the amount of toll cred-
its, verified under subsection (d)(1)(A), that are 
available for sale or transfer to a recipient State. 
(3) BILATERAL TRANSACTIONS.—An originating 
State and a recipient State may enter into a bilateral 
transaction to sell or transfer verified toll credits. 
(4) NOTIFICATION.—Not later than 30 days after 
the date on which a credit is transferred or sold, the 
originating State and the recipient State shall jointly 
submit to the Secretary a written notification of the 
transfer or sale, including details on— 
(A) the amount of toll credits that have been 
sold or transferred; 
(B) the price paid or other value transferred 
in exchange for the toll credits; 
(C) the intended use by the recipient State 
of the toll credits, if known;
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(D) the intended use by the originating 
State of the cash or other value transferred; 
(E) an update on the toll credit balance of 
the originating State and the recipient State; 
and 
(F) any other information about the trans-
action that the Secretary may require. 
(5) USE OF CREDITS BY TRANSFEREE OR PUR-
CHASER.—A recipient State may use a credit received 
under paragraph (1) toward the non-Federal share 
requirement for any funds made available to carry 
out title 23 or chapter 53 of title 49, United States 
Code, in accordance with section 120(i) of title 23, 
United States Code. 
(6) USE OF PROCEEDS FROM SALE OF CRED-
ITS.—An originating State shall use the proceeds 
from the sale of a credit under paragraph (1) for the 
construction costs of any project in the originating 
State that is eligible under title 23, United States 
Code. 
(f) REPORTING REQUIREMENTS.— 
(1) INITIAL
REPORT.—Not later than 1 year 
after the date on which the pilot program is estab-
lished, the Secretary shall submit to the Committee on 
Environment and Public Works of the Senate and the
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Committee on Transportation and Infrastructure of 
the House of Representatives a report on the progress 
of the pilot program. 
(2) FINAL REPORT.—Not later than 3 years after 
the date on which the pilot program is established, the 
Secretary shall— 
(A) submit to the Committee on Environ-
ment and Public Works of the Senate and the 
Committee on Transportation and Infrastructure 
of the House of Representatives a report that— 
(i) determines whether a toll credit 
marketplace is viable and cost-effective; 
(ii) describes the buying and selling ac-
tivities under the pilot program; 
(iii) describes the average sale price of 
toll credits; 
(iv) determines whether the pilot pro-
gram could be expanded to more States or 
all States or to non-State operators of toll 
facilities; 
(v) provides updated information on 
the toll credit balance accumulated by each 
State; and 
(vi) describes the list of projects that 
were assisted by the pilot program; and
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(B) make the report under subparagraph 
(A) publicly available on the website of the De-
partment. 
(g) TERMINATION.— 
(1) IN GENERAL.—The Secretary may terminate 
the pilot program or the participation of any State 
in the pilot program if the Secretary determines 
that— 
(A) the pilot program is not serving a pub-
lic benefit; or 
(B) it is not cost effective to carry out the 
pilot program. 
(2) PROCEDURES.—The termination of the pilot 
program or the participation of a State in the pilot 
program shall be carried out consistent with Federal 
requirements for project closeout, adjustment, and 
continuing responsibilities. 
SEC. 11504. STUDY OF IMPACTS ON ROADS FROM SELF- 
DRIVING VEHICLES. 
(a) IN GENERAL.—Not later than 60 days after the 
date of enactment of this Act, the Secretary shall initiate 
a study on the existing and future impacts of self-driving 
vehicles to transportation infrastructure, mobility, the envi-
ronment, and safety, including impacts on—
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(1) the Interstate System (as defined in section 
101(a) of title 23, United States Code); 
(2) urban roads; 
(3) rural roads; 
(4) corridors with heavy traffic congestion; 
(5) transportation systems optimization; and 
(6) any other areas or issues relevant to oper-
ations of the Federal Highway Administration that 
the Secretary determines to be appropriate. 
(b) CONTENTS OF STUDY.—The study under subsection 
(a) shall include specific recommendations for both rural 
and urban communities regarding the impacts of self-driv-
ing vehicles on existing transportation system capacity. 
(c) CONSIDERATIONS.—In carrying out the study 
under subsection (a), the Secretary shall— 
(1) consider the need for and recommend any 
policy changes to be undertaken by the Federal High-
way Administration on the impacts of self-driving ve-
hicles as identified under paragraph (2); and 
(2) for both rural and urban communities, in-
clude a discussion of— 
(A) the impacts that self-driving vehicles 
will have on existing transportation infrastruc-
ture, such as signage and markings, traffic 
lights, and highway capacity and design;
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(B) the impact on commercial and private 
traffic flows; 
(C) infrastructure improvement needs that 
may be necessary for transportation infrastruc-
ture to accommodate self-driving vehicles; 
(D) the impact of self-driving vehicles on 
the environment, congestion, and vehicle miles 
traveled; and 
(E) the impact of self-driving vehicles on 
mobility. 
(d) COORDINATION.—In carrying out the study under 
subsection (a), the Secretary shall consider and incorporate 
relevant current and ongoing research of the Department. 
(e) CONSULTATION.—In carrying out the study under 
subsection (a), the Secretary shall convene and consult with 
a panel of national experts in both rural and urban trans-
portation, including— 
(1) operators and users of the Interstate System 
(as defined in section 101(a) of title 23, United States 
Code), including private sector stakeholders; 
(2) States and State departments of transpor-
tation; 
(3) metropolitan planning organizations; 
(4) the motor carrier industry;
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(5) representatives of public transportation agen-
cies or organizations; 
(6) highway safety and academic groups; 
(7) nonprofit entities with experience in trans-
portation policy; 
(8) National Laboratories (as defined in section 
2 of the Energy Policy Act of 2005 (42 U.S.C. 
15801)); 
(9) environmental stakeholders; and 
(10) self-driving vehicle producers, manufactur-
ers, and technology developers. 
(f) REPORT.—Not later than 1 year after the date on 
which the study under subsection (a) is initiated, the Sec-
retary shall submit a report on the results of the study to— 
(1) the Committee on Environment and Public 
Works of the Senate; and 
(2) the Committee on Transportation and Infra-
structure of the House of Representatives. 
SEC. 11505. DISASTER RELIEF MOBILIZATION STUDY. 
(a) DEFINITION OF LOCAL COMMUNITY.—In this sec-
tion, the term ‘‘local community’’ means— 
(1) a unit of local government; 
(2) a political subdivision of a State or local 
government;
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(3) a metropolitan planning organization (as de-
fined in section 134(b) of title 23, United States 
Code); 
(4) a rural planning organization; or 
(5) a Tribal government. 
(b) STUDY.— 
(1) IN GENERAL.—The Secretary shall carry out 
a study to determine the utility of incorporating the 
use of bicycles into the disaster preparedness and dis-
aster response plans of local communities. 
(2) REQUIREMENTS.—The study carried out 
under paragraph (1) shall include— 
(A) a vulnerability assessment of the infra-
structure in local communities as of the date of 
enactment of this Act that supports active trans-
portation, including bicycling, walking, and per-
sonal mobility devices, with a particular focus 
on areas in local communities that— 
(i) have low levels of vehicle ownership; 
and 
(ii) lack sufficient active transpor-
tation infrastructure routes to public trans-
portation; 
(B) an evaluation of whether disaster pre-
paredness and disaster response plans should in-
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clude the use of bicycles by first responders, 
emergency workers, and community organization 
representatives— 
(i) during a mandatory or voluntary 
evacuation ordered by a Federal, State, 
Tribal, or local government entity— 
(I) to notify residents of the need 
to evacuate; 
(II) to evacuate individuals and 
goods; and 
(III) to reach individuals who are 
in need of first aid and medical assist-
ance; and 
(ii) after a disaster or emergency de-
clared by a Federal, State, Tribal, or local 
government entity— 
(I) to participate in search and 
rescue activities; 
(II) to carry commodities to be 
used for life-saving or life-sustaining 
purposes, including— 
(aa) water; 
(bb) food; 
(cc) first aid and other med-
ical supplies; and
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(dd) power sources and elec-
tric supplies, such as cell phones, 
radios, lights, and batteries; 
(III) to reach individuals who are 
in need of the commodities described in 
subclause (II); and 
(IV) to assist with other disaster 
relief tasks, as appropriate; and 
(C) a review of training programs for first 
responders, emergency workers, and community 
organization representatives relating to— 
(i) competent bicycle skills, including 
the use of cargo bicycles and electric bicy-
cles, as applicable; 
(ii) basic bicycle maintenance; 
(iii) compliance with relevant traffic 
safety laws; 
(iv) methods to use bicycles to carry 
out the activities described in clauses (i) 
and (ii) of subparagraph (2)(B); and 
(v) exercises conducted for the purpose 
of— 
(I) exercising the skills described 
in clause (i); and
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(II) maintaining bicycles and re-
lated equipment. 
(c) REPORT.—Not later than 2 years after the date of 
enactment of this Act, 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 report that— 
(1) describes the results of the study carried out 
under subsection (b); and 
(2) provides recommendations, if any, relating 
to— 
(A) the methods by which to incorporate bi-
cycles into disaster preparedness and disaster re-
sponse plans of local communities; and 
(B) improvements to training programs de-
scribed in subsection (b)(2)(C). 
SEC. 11506. APPALACHIAN REGIONAL COMMISSION. 
(a) DEFINITIONS.—Section 14102(a)(1) of title 40, 
United States Code, is amended— 
(1) in subparagraph (G)— 
(A) 
by 
inserting 
‘‘Catawba,’’ 
after 
‘‘Caldwell,’’; and 
(B) by inserting ‘‘Cleveland,’’ after ‘‘Clay,’’;
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(2) in subparagraph (J), by striking ‘‘and 
Spartanburg’’ and inserting ‘‘Spartanburg, and 
Union’’; and 
(3) in subparagraph (M), by inserting ‘‘, of 
which the counties of Brooke, Hancock, Marshall, and 
Ohio shall be considered to be located in the North 
Central subregion’’ after ‘‘West Virginia’’. 
(b) FUNCTIONS.—Section 14303(a) of title 40, United 
States Code, is amended— 
(1) in paragraph (9), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (10), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(11) support broadband access in the Appa-
lachian region.’’. 
(c) CONGRESSIONAL NOTIFICATION.— 
(1) IN GENERAL.—Subchapter II of chapter 143 
of subtitle IV of title 40, United States Code, is 
amended by adding at the end the following: 
‘‘§ 14323. Congressional notification 
‘‘(a) IN GENERAL.—In the case of a project described 
in subsection (b), the Appalachian Regional Commission 
shall provide to the Committee on Transportation and In-
frastructure of the House of Representatives and the Com-
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mittee on Environment and Public Works of the Senate no-
tice of the award of a grant or other financial assistance 
not less than 3 full business days before awarding the grant 
or other financial assistance. 
‘‘(b) PROJECTS DESCRIBED.—A project referred to in 
subsection (a) is a project that the Appalachian Regional 
Commission has selected to receive a grant or other finan-
cial assistance under this subtitle in an amount not less 
than $50,000.’’. 
(2) CLERICAL
AMENDMENT.—The analysis for 
subchapter II of chapter 143 of subtitle IV of title 40, 
United States Code, is amended by adding at the end 
the following: 
‘‘14323. Congressional notification.’’. 
(d) HIGH-SPEED BROADBAND DEPLOYMENT INITIA-
TIVE.—Section 14509 of title 40, United States Code, is 
amended— 
(1) by striking subsection (a) and inserting the 
following: 
‘‘(a) IN GENERAL.—The Appalachian Regional Com-
mission may provide technical assistance, make grants, 
enter into contracts, or otherwise provide amounts to indi-
viduals or entities in the Appalachian region for projects 
and activities to increase affordable access to broadband 
networks throughout the Appalachian region.’’;
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(2) by redesignating subsections (b) through (d) 
as subsections (c) through (e), respectively; 
(3) by inserting after subsection (a) the fol-
lowing: 
‘‘(b) ELIGIBLE PROJECTS AND ACTIVITIES.—A project 
or activity eligible to be carried out under this section is 
a project or activity— 
‘‘(1) to conduct research, analysis, and training 
to increase broadband adoption efforts in the Appa-
lachian region; or 
‘‘(2) for the construction and deployment of 
broadband service-related infrastructure in the Appa-
lachian region.’’; 
(4) in subsection (d) (as so redesignated), in the 
matter preceding paragraph (1), by striking ‘‘sub-
section (b)’’ and inserting ‘‘subsection (c)’’; and 
(5) by adding at the end the following: 
‘‘(f) REQUEST FOR DATA.—Before making a grant for 
a project or activity described in subsection (b)(2), the Ap-
palachian Regional Commission shall request from the Fed-
eral Communications Commission, the National Tele-
communications and Information Administration, the Eco-
nomic Development Administration, and the Department of 
Agriculture data on—
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‘‘(1) the level and extent of broadband service 
that exists in the area proposed to be served by the 
broadband service-related infrastructure; and 
‘‘(2) the level and extent of broadband service 
that will be deployed in the area proposed to be served 
by the broadband service-related infrastructure pursu-
ant to another Federal program. 
‘‘(g) REQUIREMENT.—For each fiscal year, not less 
than 65 percent of the amounts made available to carry 
out this section shall be used for grants for projects and 
activities described in subsection (b)(2).’’. 
(e) APPALACHIAN REGIONAL ENERGY HUB INITIA-
TIVE.— 
(1) IN GENERAL.—Subchapter I of chapter 145 
of subtitle IV of title 40, United States Code, is 
amended by adding at the end the following: 
‘‘§ 14511. Appalachian regional energy hub initiative 
‘‘(a) IN GENERAL.—The Appalachian Regional Com-
mission may provide technical assistance to, make grants 
to, enter into contracts with, or otherwise provide amounts 
to individuals or entities in the Appalachian region for 
projects and activities— 
‘‘(1) to conduct research and analysis regarding 
the economic impact of an ethane storage hub in the 
Appalachian region that supports a more-effective en-
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ergy market performance due to the scale of the 
project, such as a project with the capacity to store 
and distribute more than 100,000 barrels per day of 
hydrocarbon feedstock with a minimum gross heating 
value of 1,700 Btu per standard cubic foot; 
‘‘(2) with the potential to significantly con-
tribute to the economic resilience of the area in which 
the project is located; and 
‘‘(3) that will help establish a regional energy 
hub in the Appalachian region for natural gas and 
natural gas liquids, including hydrogen produced 
from the steam methane reforming of natural gas 
feedstocks. 
‘‘(b) LIMITATION ON AVAILABLE AMOUNTS.—Of the 
cost of any project or activity eligible for a grant under 
this section— 
‘‘(1) except as provided in paragraphs (2) and 
(3), not more than 50 percent may be provided from 
amounts made available to carry out this section; 
‘‘(2) in the case of a project or activity to be car-
ried out in a county for which a distressed county 
designation is in effect under section 14526, not more 
than 80 percent may be provided from amounts made 
available to carry out this section; and
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‘‘(3) in the case of a project or activity to be car-
ried out in a county for which an at-risk county des-
ignation is in effect under section 14526, not more 
than 70 percent may be provided from amounts made 
available to carry out this section. 
‘‘(c) SOURCES OF ASSISTANCE.—Subject to subsection 
(b), a grant provided under this section may be provided 
from amounts made available to carry out this section, in 
combination with amounts made available— 
‘‘(1) under any other Federal program; or 
‘‘(2) from any other source. 
‘‘(d) FEDERAL SHARE.—Notwithstanding any provi-
sion of law limiting the Federal share under any other Fed-
eral program, amounts made available to carry out this sec-
tion may be used to increase that Federal share, as the Ap-
palachian Regional Commission determines to be appro-
priate.’’. 
(2) CLERICAL
AMENDMENT.—The analysis for 
subchapter I of chapter 145 of title 40, United States 
Code, is amended by adding at the end the following: 
‘‘14511. Appalachian regional energy hub initiative.’’. 
(f) AUTHORIZATION
OF APPROPRIATIONS.—Section 
14703 of title 40, United States Code, is amended— 
(1) in subsection (a)— 
(A) in paragraph (4), by striking ‘‘and’’ at 
the end;
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(B) in paragraph (5), by striking the period 
at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(6) $200,000,000 for each of fiscal years 2022 
through 2026.’’; 
(2) in subsection (c), by striking ‘‘$10,000,000 
may be used to carry out section 14509 for each of 
fiscal years 2016 through 2021’’ and inserting 
‘‘$20,000,000 may be used to carry out section 14509 
for each of fiscal years 2022 through 2026’’; 
(3) by redesignating subsections (d) and (e) as 
subsections (e) and (f), respectively; and 
(4) by inserting after subsection (c) the fol-
lowing: 
‘‘(d) APPALACHIAN REGIONAL ENERGY HUB INITIA-
TIVE.—Of the amounts made available under subsection 
(a), $5,000,000 shall be used to carry out section 14511 for 
each of fiscal years 2022 through 2026.’’. 
(g) TERMINATION.—Section 14704 of title 40, United 
States Code, is amended by striking ‘‘2021’’ and inserting 
‘‘2026’’. 
SEC. 11507. DENALI COMMISSION. 
(a) DENALI ACCESS SYSTEM PROGRAM.—Notwith-
standing subsection (j) of section 309 of the Denali Commis-
sion Act of 1998 (42 U.S.C. 3121 note; Public Law 105–
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† HR 3684 EAS 
277), there is authorized to be appropriated $20,000,000 for 
each of fiscal years 2022 through 2026 to carry out that 
section. 
(b) TRANSFERS
OF FUNDS.—Section 311(c) of the 
Denali Commission Act of 1998 (42 U.S.C. 3121 note; Pub-
lic Law 105–277) is amended— 
(1) in paragraph (1), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (2), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(3) notwithstanding any other provision of law, 
shall— 
‘‘(A) be treated as if directly appropriated 
to the Commission and subject to applicable pro-
visions of this Act; and 
‘‘(B) not be subject to any requirements that 
applied to the funds before the transfer, includ-
ing a requirement in an appropriations Act or 
a requirement or regulation of the Federal agen-
cy from which the funds are transferred.’’. 
SEC. 
11508. 
REQUIREMENTS 
FOR 
TRANSPORTATION 
PROJECTS CARRIED OUT THROUGH PUBLIC- 
PRIVATE PARTNERSHIPS. 
(a) DEFINITIONS.—In this section:
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(1) PROJECT.—The term ‘‘project’’ means a 
project (as defined in section 101 of title 23, United 
States Code) that— 
(A) is carried out, in whole or in part, 
using Federal financial assistance; and 
(B) 
has 
an 
estimated 
total 
cost 
of 
$100,000,000 or more. 
(2) PUBLIC-PRIVATE
PARTNERSHIP.—The term 
‘‘public-private partnership’’ means an agreement be-
tween a public agency and a private entity to fi-
nance, build, and maintain or operate a project. 
(b) REQUIREMENTS
FOR PROJECTS CARRIED OUT 
THROUGH PUBLIC-PRIVATE PARTNERSHIPS.—With respect 
to a public-private partnership, as a condition of receiving 
Federal financial assistance for a project, the Secretary 
shall require the public partner, not later than 3 years after 
the date of opening of the project to traffic— 
(1) to conduct a review of the project, including 
a review of the compliance of the private partner with 
the terms of the public-private partnership agreement; 
(2)(A) to certify to the Secretary that the private 
partner of the public-private partnership is meeting 
the terms of the public-private partnership agreement 
for the project; or
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(B) to notify the Secretary that the private part-
ner of the public-private partnership has not met 1 
or more of the terms of the public-private partnership 
agreement for the project, including a brief descrip-
tion of each violation of the public-private partner-
ship agreement; and 
(3) to make publicly available the certification or 
notification, as applicable, under paragraph (2) in a 
form that does not disclose any proprietary or con-
fidential business information. 
(c) NOTIFICATION.—If the Secretary provides Federal 
financial assistance to a project carried out through a pub-
lic-private partnership, not later than 30 days after the 
date on which the Federal financial assistance is first obli-
gated, the Secretary shall submit to the Committee on Envi-
ronment and Public Works of the Senate and the Committee 
on Transportation and Infrastructure of the House of Rep-
resentatives a notification of the Federal financial assist-
ance made available for the project. 
(d) VALUE FOR MONEY ANALYSIS.— 
(1) PROJECT APPROVAL AND OVERSIGHT.—Sec-
tion 106(h)(3) of title 23, United States Code, is 
amended— 
(A) in subparagraph (C), by striking ‘‘and’’ 
at the end;
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(B) by redesignating subparagraph (D) as 
subparagraph (E); and 
(C) by inserting after subparagraph (C) the 
following: 
‘‘(D) for a project in which the project spon-
sor intends to carry out the project through a 
public-private partnership agreement, shall in-
clude a detailed value for money analysis or 
similar comparative analysis for the project; 
and’’. 
(2) SURFACE
TRANSPORTATION
BLOCK
GRANT 
PROGRAM.—Paragraph (21) of section 133(b) of title 
23, United States Code (as redesignated by section 
1109(a)(1)(C)), is amended by inserting ‘‘, including 
conducting value for money analyses or similar com-
parative analyses,’’ after ‘‘oversight’’. 
(3) TIFIA.—Section 602(a) of title 23, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘(11) PUBLIC-PRIVATE PARTNERSHIPS.—In the 
case of a project to be carried out through a public- 
private partnership, the public partner shall have— 
‘‘(A) conducted a value for money analysis 
or similar comparative analysis; and
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‘‘(B) determined the appropriateness of the 
public-private partnership agreement.’’. 
(e) APPLICABILITY.—This section and the amendments 
made by this section shall only apply to a public-private 
partnership agreement entered into on or after the date of 
enactment of this Act. 
SEC. 11509. RECONNECTING COMMUNITIES PILOT PRO-
GRAM. 
(a) DEFINITION OF ELIGIBLE FACILITY.— 
(1) IN GENERAL.—In this section, the term ‘‘eli-
gible facility’’ means a highway or other transpor-
tation facility that creates a barrier to community 
connectivity, including barriers to mobility, access, or 
economic development, due to high speeds, grade sepa-
rations, or other design factors. 
(2) INCLUSIONS.—In this section, the term ‘‘eli-
gible facility’’ may include— 
(A) a limited access highway; 
(B) a viaduct; and 
(C) any other principal arterial facility. 
(b) ESTABLISHMENT.—The Secretary shall establish a 
pilot program through which an eligible entity may apply 
for funding, in order to restore community connectivity—
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(1) to study the feasibility and impacts of re-
moving, retrofitting, or mitigating an existing eligible 
facility; 
(2) to conduct planning activities necessary to 
design a project to remove, retrofit, or mitigate an ex-
isting eligible facility; and 
(3) to conduct construction activities necessary 
to carry out a project to remove, retrofit, or mitigate 
an existing eligible facility. 
(c) PLANNING GRANTS.— 
(1) ELIGIBLE
ENTITIES.—The Secretary may 
award a grant (referred to in this section as a ‘‘plan-
ning grant’’) to carry out planning activities de-
scribed in paragraph (2) to— 
(A) a State; 
(B) a unit of local government; 
(C) a Tribal government; 
(D) a metropolitan planning organization; 
and 
(E) a nonprofit organization. 
(2) 
ELIGIBLE
ACTIVITIES
DESCRIBED.—The 
planning activities referred to in paragraph (1) are— 
(A) planning studies to evaluate the feasi-
bility of removing, retrofitting, or mitigating an
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existing eligible facility to restore community 
connectivity, including evaluations of— 
(i) current traffic patterns on the eligi-
ble facility proposed for removal, retrofit, or 
mitigation and the surrounding street net-
work; 
(ii) the capacity of existing transpor-
tation networks to maintain mobility needs; 
(iii) an analysis of alternative road-
way designs or other uses for the right-of- 
way of the eligible facility, including an 
analysis of whether the available right-of- 
way would suffice to create an alternative 
roadway design; 
(iv) the effect of the removal, retrofit, 
or mitigation of the eligible facility on the 
mobility of freight and people; 
(v) the effect of the removal, retrofit, or 
mitigation of the eligible facility on the 
safety of the traveling public; 
(vi) the cost to remove, retrofit, or 
mitigate the eligible facility— 
(I) 
to 
restore 
community 
connectivity; and
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(II) to convert the eligible facility 
to a different roadway design or use, 
compared to any expected costs for nec-
essary maintenance or reconstruction 
of the eligible facility; 
(vii) the anticipated economic impact 
of removing, retrofitting, or mitigating and 
converting the eligible facility and any eco-
nomic development opportunities that would 
be created by removing, retrofitting, or 
mitigating and converting the eligible facil-
ity; and 
(viii) the environmental impacts of re-
taining or reconstructing the eligible facil-
ity and the anticipated effect of the pro-
posed alternative use or roadway design; 
(B) public engagement activities to provide 
opportunities for public input into a plan to re-
move and convert an eligible facility; and 
(C) other transportation planning activities 
required in advance of a project to remove, ret-
rofit, or mitigate an existing eligible facility to 
restore community connectivity, as determined 
by the Secretary. 
(3) TECHNICAL ASSISTANCE PROGRAM.—
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(A) IN GENERAL.—The Secretary may pro-
vide technical assistance described in subpara-
graph (B) to an eligible entity. 
(B) TECHNICAL ASSISTANCE DESCRIBED.— 
The technical assistance referred to in subpara-
graph (A) is technical assistance in building or-
ganizational or community capacity— 
(i) to engage in transportation plan-
ning; and 
(ii) to identify innovative solutions to 
infrastructure challenges, including recon-
necting communities that— 
(I) are bifurcated by eligible fa-
cilities; or 
(II) lack safe, reliable, and afford-
able transportation choices. 
(C) PRIORITIES.—In selecting recipients of 
technical assistance under subparagraph (A), the 
Secretary shall give priority to an application 
from a community that is economically dis-
advantaged. 
(4) SELECTION.—The Secretary shall— 
(A) solicit applications for— 
(i) planning grants; and
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(ii) technical assistance under para-
graph (3); and 
(B) evaluate applications for a planning 
grant on the basis of the demonstration by the 
applicant that— 
(i) the eligible facility is aged and is 
likely to need replacement or significant re-
construction within the 20-year period be-
ginning on the date of the submission of the 
application; 
(ii) the eligible facility— 
(I) creates barriers to mobility, 
access, or economic development; or 
(II) is not justified by current 
and forecast future travel demand; and 
(iii) on the basis of preliminary inves-
tigations into the feasibility of removing, 
retrofitting, or mitigating the eligible facil-
ity to restore community connectivity, fur-
ther investigation is necessary and likely to 
be productive. 
(5) AWARD AMOUNTS.—A planning grant may 
not exceed $2,000,000 per recipient.
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(6) FEDERAL SHARE.—The total Federal share 
of the cost of a planning activity for which a plan-
ning grant is used shall not exceed 80 percent. 
(d) CAPITAL CONSTRUCTION GRANTS.— 
(1) ELIGIBLE
ENTITIES.—The Secretary may 
award a grant (referred to in this section as a ‘‘cap-
ital construction grant’’) to the owner of an eligible 
facility to carry out an eligible project described in 
paragraph (3) for which all necessary feasibility stud-
ies and other planning activities have been completed. 
(2) PARTNERSHIPS.—An owner of an eligible fa-
cility may, for the purposes of submitting an applica-
tion for a capital construction grant, if applicable, 
partner with— 
(A) a State; 
(B) a unit of local government; 
(C) a Tribal government; 
(D) a metropolitan planning organization; 
or 
(E) a nonprofit organization. 
(3) ELIGIBLE PROJECTS.—A project eligible to be 
carried out with a capital construction grant in-
cludes— 
(A) the removal, retrofit, or mitigation of 
an eligible facility; and
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(B) the replacement of an eligible facility 
with a new facility that— 
(i) restores community connectivity; 
and 
(ii) is— 
(I) sensitive to the context of the 
surrounding community; and 
(II) otherwise eligible for funding 
under title 23, United States Code. 
(4) SELECTION.—The Secretary shall— 
(A) solicit applications for capital construc-
tion grants; and 
(B) evaluate applications on the basis of— 
(i) the degree to which the project will 
improve mobility and access through the re-
moval of barriers; 
(ii) the appropriateness of removing, 
retrofitting, or mitigating the eligible facil-
ity, based on current traffic patterns and 
the ability of the replacement facility and 
the regional transportation network to ab-
sorb transportation demand and provide 
safe mobility and access; 
(iii) the impact of the project on 
freight movement;
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(iv) the results of a cost-benefit anal-
ysis of the project; 
(v) the opportunities for inclusive eco-
nomic development; 
(vi) the degree to which the eligible fa-
cility is out of context with the current or 
planned land use; 
(vii) the results of any feasibility study 
completed for the project; and 
(viii) the plan of the applicant for— 
(I) employing residents in the 
area impacted by the project through 
targeted hiring programs, in partner-
ship with registered apprenticeship 
programs, if applicable; and 
(II) 
contracting 
and 
subcon-
tracting with disadvantaged business 
enterprises. 
(5) MINIMUM AWARD AMOUNTS.—A capital con-
struction grant shall be in an amount not less than 
$5,000,000 per recipient. 
(6) FEDERAL SHARE.— 
(A) IN GENERAL.—Subject to subparagraph 
(B), a capital construction grant may not exceed
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50 percent of the total cost of the project for 
which the grant is awarded. 
(B) MAXIMUM
FEDERAL
INVOLVEMENT.— 
Federal assistance other than a capital construc-
tion grant may be used to satisfy the non-Fed-
eral share of the cost of a project for which the 
grant is awarded, except that the total Federal 
assistance provided for a project for which the 
grant is awarded may not exceed 80 percent of 
the total cost of the project. 
(7) COMMUNITY ADVISORY BOARD.— 
(A) IN GENERAL.—To help achieve inclusive 
economic development benefits with respect to the 
project for which a grant is awarded, a grant re-
cipient may form a community advisory board, 
which shall— 
(i) facilitate community engagement 
with respect to the project; and 
(ii) track progress with respect to com-
mitments of the grant recipient to inclusive 
employment, contracting, and economic de-
velopment under the project. 
(B) MEMBERSHIP.—If a grant recipient 
forms a community advisory board under sub-
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paragraph (A), the community advisory board 
shall be composed of representatives of— 
(i) the community; 
(ii) owners of businesses that serve the 
community; 
(iii) labor organizations that represent 
workers that serve the community; and 
(iv) State and local government. 
(e) REPORTS.— 
(1) USDOT REPORT ON PROGRAM.—Not later 
than January 1, 2026, 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 evaluates the program under this section, 
including— 
(A) information about the level of applicant 
interest in planning grants, technical assistance 
under subsection (c)(3), and capital construction 
grants, including the extent to which overall de-
mand exceeded available funds; and 
(B) for recipients of capital construction 
grants, the outcomes and impacts of the highway 
removal project, including—
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† HR 3684 EAS 
(i) any changes in the overall level of 
mobility, congestion, access, and safety in 
the project area; and 
(ii) environmental impacts and eco-
nomic development opportunities in the 
project area. 
(2) GAO REPORT ON HIGHWAY REMOVALS.—Not 
later than 2 years after the date of enactment of this 
Act, the Comptroller General of the United States 
shall issue a report that— 
(A) identifies examples of projects to remove 
highways using Federal highway funds; 
(B) evaluates the effect of highway removal 
projects on the surrounding area, including im-
pacts to the local economy, congestion effects, 
safety outcomes, and impacts on the movement of 
freight and people; 
(C) evaluates the existing Federal-aid pro-
gram eligibility under title 23, United States 
Code, for highway removal projects; 
(D) analyzes the costs and benefits of and 
barriers to removing underutilized highways that 
are nearing the end of their useful life compared 
to replacing or reconstructing the highway; and
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(E) provides recommendations for inte-
grating those assessments into transportation 
planning and decision-making processes. 
(f) TECHNICAL ASSISTANCE.—Of the funds made 
available to carry out this section for planning grants, the 
Secretary may use not more than $15,000,000 during the 
period of fiscal years 2022 through 2026 to provide tech-
nical assistance under subsection (c)(3). 
(g) TREATMENT OF PROJECTS.—Notwithstanding any 
other provision of law, a project assisted under this section 
shall be treated as a project on a Federal-aid highway under 
chapter 1 of title 23, United States Code. 
SEC. 11510. CYBERSECURITY TOOL; CYBER COORDINATOR. 
(a) DEFINITIONS.—In this section: 
(1) 
ADMINISTRATOR.—The 
term 
‘‘Adminis-
trator’’ means the Administrator of the Federal High-
way Administration. 
(2) CYBER
INCIDENT.—The term ‘‘cyber inci-
dent’’ has the meaning given the term ‘‘incident’’ in 
section 3552 of title 44, United States Code. 
(3) TRANSPORTATION
AUTHORITY.—The term 
‘‘transportation authority’’ means— 
(A) a public authority (as defined in section 
101(a) of title 23, United States Code);
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† HR 3684 EAS 
(B) an owner or operator of a highway (as 
defined in section 101(a) of title 23, United 
States Code); 
(C) a manufacturer that manufactures a 
product related to transportation; and 
(D) a division office of the Federal High-
way Administration. 
(b) CYBERSECURITY TOOL.— 
(1) IN GENERAL.—Not later than 2 years after 
the date of enactment of this Act, the Administrator 
shall develop a tool to assist transportation authori-
ties in identifying, detecting, protecting against, re-
sponding to, and recovering from cyber incidents. 
(2) REQUIREMENTS.—In developing the tool 
under paragraph (1), the Administrator shall— 
(A) use the cybersecurity framework estab-
lished by the National Institute of Standards 
and Technology and required by Executive Order 
13636 of February 12, 2013 (78 Fed. Reg. 
11739; relating to improving critical infrastruc-
ture cybersecurity); 
(B) establish a structured cybersecurity as-
sessment and development program;
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† HR 3684 EAS 
(C) coordinate with the Transportation Se-
curity Administration and the Cybersecurity 
and Infrastructure Security Agency; 
(D) consult with appropriate transportation 
authorities, operating agencies, industry stake-
holders, and cybersecurity experts; and 
(E) provide for a period of public comment 
and review on the tool. 
(c) DESIGNATION OF CYBER COORDINATOR.— 
(1) IN GENERAL.—Not later than 2 years after 
the date of enactment of this Act, the Administrator 
shall designate an office as a ‘‘cyber coordinator’’, 
which shall be responsible for monitoring, alerting, 
and advising transportation authorities of cyber inci-
dents. 
(2) 
REQUIREMENTS.—The 
office 
designated 
under paragraph (1) shall, in coordination with the 
Transportation Security Administration and the Cy-
bersecurity and Infrastructure Security Agency— 
(A) provide to transportation authorities a 
secure method of notifying the Federal Highway 
Administration of cyber incidents; 
(B) share the information collected under 
subparagraph (A) with the Transportation Secu-
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† HR 3684 EAS 
rity Administration and the Cybersecurity and 
Infrastructure Security Agency; 
(C) monitor cyber incidents that affect 
transportation authorities; 
(D) alert transportation authorities to cyber 
incidents that affect those transportation au-
thorities; 
(E) investigate unaddressed cyber incidents 
that affect transportation authorities; and 
(F) provide to transportation authorities 
educational resources, outreach, and awareness 
on fundamental principles and best practices in 
cybersecurity for transportation systems. 
SEC. 11511. REPORT ON EMERGING ALTERNATIVE FUEL VE-
HICLES AND INFRASTRUCTURE. 
(a) DEFINITIONS.—In this section: 
(1) EMERGING ALTERNATIVE FUEL VEHICLE.— 
The term ‘‘emerging alternative fuel vehicle’’ means a 
vehicle fueled by hydrogen, natural gas, or propane. 
(2) EMERGING
ALTERNATIVE
FUELING
INFRA-
STRUCTURE.—The term ‘‘emerging alternative fueling 
infrastructure’’ means infrastructure for fueling an 
emerging alternative fuel vehicle. 
(b) REPORT.—Not later than 1 year after the date of 
enactment of this Act, to help guide future investments for
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† HR 3684 EAS 
emerging alternative fueling infrastructure, the Secretary 
shall submit to Congress and make publicly available a re-
port that— 
(1) includes an evaluation of emerging alter-
native fuel vehicles and projections for potential loca-
tions of emerging alternative fuel vehicle owners dur-
ing the 5-year period beginning on the date of sub-
mission of the report; 
(2) identifies areas where emerging alternative 
fueling infrastructure will be needed to meet the cur-
rent and future needs of drivers during the 5-year pe-
riod beginning on the date of submission of the report; 
(3) identifies specific areas, such as a lack of 
pipeline infrastructure, that may impede deployment 
and adoption of emerging alternative fuel vehicles; 
(4) includes a map that identifies concentrations 
of emerging alternative fuel vehicles to meet the needs 
of current and future emerging alternative fueling in-
frastructure; 
(5) estimates the future need for emerging alter-
native fueling infrastructure to support the adoption 
and use of emerging alternative fuel vehicles; and 
(6) includes a tool to allow States to compare 
and evaluate different adoption and use scenarios for 
emerging alternative fuel vehicles, with the ability to
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† HR 3684 EAS 
adjust factors to account for regionally specific char-
acteristics. 
SEC. 11512. NONHIGHWAY RECREATIONAL FUEL STUDY. 
(a) DEFINITIONS.—In this section: 
(1) HIGHWAY TRUST FUND.—The term ‘‘High-
way Trust Fund’’ means the Highway Trust Fund es-
tablished by section 9503(a) of the Internal Revenue 
Code of 1986. 
(2) NONHIGHWAY RECREATIONAL FUEL TAXES.— 
The term ‘‘nonhighway recreational fuel taxes’’ means 
taxes under section 4041 and 4081 of the Internal 
Revenue Code of 1986 with respect to fuel used in ve-
hicles on recreational trails or back country terrain 
(including vehicles registered for highway use when 
used on recreational trails, trail access roads not eli-
gible for funding under title 23, United States Code, 
or back country terrain). 
(3) RECREATIONAL TRAILS PROGRAM.—The term 
‘‘recreational trails program’’ means the recreational 
trails program under section 206 of title 23, United 
States Code. 
(b) ASSESSMENT; REPORT.— 
(1) ASSESSMENT.—Not later than 1 year after 
the date of enactment of this Act and not less fre-
quently than once every 5 years thereafter, as deter-
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mined by the Secretary, the Secretary shall carry out 
an assessment of the best available estimate of the 
total amount of nonhighway recreational fuel taxes 
received by the Secretary of the Treasury and trans-
ferred to the Highway Trust Fund for the period cov-
ered by the assessment. 
(2) REPORT.—After carrying out each assess-
ment under paragraph (1), the Secretary shall submit 
to the Committees on Finance and Environment and 
Public Works of the Senate and the Committees on 
Ways and Means and Transportation and Infrastruc-
ture of the House of Representatives a report that in-
cludes— 
(A) to assist Congress in determining an 
appropriate funding level for the recreational 
trails program— 
(i) a description of the results of the 
assessment; and 
(ii) an evaluation of whether the cur-
rent recreational trails program funding 
level reflects the amount of nonhighway rec-
reational fuel taxes collected and transferred 
to the Highway Trust Fund; and 
(B) in the case of the first report submitted 
under this paragraph, an estimate of the fre-
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quency with which the Secretary anticipates car-
rying out the assessment under paragraph (1), 
subject to the condition that such an assessment 
shall be carried out not less frequently than once 
every 5 years. 
(c) CONSULTATION.—In carrying out an assessment 
under subsection (b)(1), the Secretary may consult with, as 
the Secretary determines to be appropriate— 
(1) the heads of— 
(A) State agencies designated by Governors 
pursuant to section 206(c)(1) of title 23, United 
States Code, to administer the recreational trails 
program; and 
(B) division offices of the Department; 
(2) the Secretary of the Treasury; 
(3) the Administrator of the Federal Highway 
Administration; and 
(4) groups representing recreational activities 
and interests, including hiking, biking and mountain 
biking, horseback riding, water trails, snowshoeing, 
cross-country 
skiing, 
snowmobiling, 
off-highway 
motorcycling, all-terrain vehicles and other offroad 
motorized vehicle activities, and recreational trail ad-
vocates.
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SEC. 11513. BUY AMERICA. 
Section 313 of title 23, United States Code, is amend-
ed— 
(1) by redesignating subsection (g) as subsection 
(h); and 
(2) by inserting after subsection (f) the following: 
‘‘(g) WAIVERS.— 
‘‘(1) IN GENERAL.—Not less than 15 days before 
issuing a waiver under this section, the Secretary 
shall provide to the public— 
‘‘(A) notice of the proposed waiver; 
‘‘(B) an opportunity for comment on the 
proposed waiver; and 
‘‘(C) the reasons for the proposed waiver. 
‘‘(2) REPORT.—Not less frequently than annu-
ally, 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 report on the waivers 
provided under this section.’’. 
SEC. 11514. HIGH PRIORITY CORRIDORS ON THE NATIONAL 
HIGHWAY SYSTEM. 
(a) HIGH PRIORITY CORRIDORS.—Section 1105(c) of 
the Intermodal Surface Transportation Efficiency Act of 
1991 (Public Law 102–240; 105 Stat. 2032; 133 Stat. 3018) 
is amended—
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(1) by striking paragraph (84) and inserting the 
following: 
‘‘(84) The Central Texas Corridor, including the 
route— 
‘‘(A) commencing in the vicinity of Texas 
Highway 338 in Odessa, Texas, running east-
ward generally following Interstate Route 20, 
connecting to Texas Highway 158 in the vicinity 
of Midland, Texas, then following Texas High-
way 158 eastward to United States Route 87 
and then following United States Route 87 
southeastward, passing in the vicinity of San 
Angelo, Texas, and connecting to United States 
Route 190 in the vicinity of Brady, Texas; 
‘‘(B) commencing at the intersection of 
Interstate Route 10 and United States Route 190 
in Pecos County, Texas, and following United 
States Route 190 to Brady, Texas; 
‘‘(C) following portions of United States 
Route 190 eastward, passing in the vicinity of 
Fort Hood, Killeen, Belton, Temple, Bryan, Col-
lege Station, Huntsville, Livingston, Woodville, 
and Jasper, to the logical terminus of Texas 
Highway 63 at the Sabine River Bridge at
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Burrs Crossing and including a loop generally 
encircling Bryan/College Station, Texas; 
‘‘(D) following United States Route 83 
southward from the vicinity of Eden, Texas, to 
a logical connection to Interstate Route 10 at 
Junction, Texas; 
‘‘(E) following United States Route 69 from 
Interstate Route 10 in Beaumont, Texas, north 
to United States Route 190 in the vicinity of 
Woodville, Texas; 
‘‘(F) following United States Route 96 from 
Interstate Route 10 in Beaumont, Texas, north 
to United States Route 190 in the vicinity of 
Jasper, Texas; and 
‘‘(G) following United States Route 190, 
State Highway 305, and United States Route 
385 from Interstate Route 10 in Pecos County, 
Texas, to Interstate 20 at Odessa, Texas.’’; and 
(2) by adding at the end the following: 
‘‘(92) United States Route 421 from the inter-
change with Interstate Route 85 in Greensboro, North 
Carolina, to the interchange with Interstate Route 95 
in Dunn, North Carolina. 
‘‘(93) The South Mississippi Corridor from the 
Louisiana and Mississippi border near Natchez, Mis-
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sissippi, to Gulfport, Mississippi, shall generally fol-
low— 
‘‘(A) United States Route 84 from the Lou-
isiana border at the Mississippi River passing in 
the vicinity of Natchez, Brookhaven, Monticello, 
Prentiss, and Collins, Mississippi, to the logical 
terminus with Interstate Route 59 in the vicin-
ity of Laurel, Mississippi, and continuing on 
Interstate Route 59 south to the vicinity of Hat-
tiesburg, Mississippi; and 
‘‘(B) United States Route 49 from the vicin-
ity of Hattiesburg, Mississippi, south to Inter-
state Route 10 in the vicinity of Gulfport, Mis-
sissippi, following Mississippi Route 601 south 
and terminating near the Mississippi State Port 
at Gulfport. 
‘‘(94) The Kosciusko to Gulf Coast corridor com-
mencing at the logical terminus of Interstate Route 
55 near Vaiden, Mississippi, running south and pass-
ing east of the vicinity of the Jackson Urbanized 
Area, connecting to United States Route 49 north of 
Hattiesburg, Mississippi, and generally following 
United States Route 49 to a logical connection with 
Interstate Route 10 in the vicinity of Gulfport, Mis-
sissippi.
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‘‘(95) The Interstate Route 22 spur from the vi-
cinity of Tupelo, Mississippi, running south generally 
along United States Route 45 to the vicinity of Shan-
non, Mississippi. 
‘‘(96) The route that generally follows United 
States Route 412 from its intersection with Interstate 
Route 35 in Noble County, Oklahoma, passing 
through Tulsa, Oklahoma, to its intersection with 
Interstate Route 49 in Springdale, Arkansas. 
‘‘(97) The Louie B. Nunn Cumberland Express-
way from the interchange with Interstate Route 65 in 
Barren County, Kentucky, east to the interchange 
with United States Highway 27 in Somerset, Ken-
tucky. 
‘‘(98) The route that generally follows State 
Route 7 from Grenada, Mississippi, to Holly Springs, 
Mississippi, passing in the vicinity of Coffeeville, 
Water Valley, Oxford, and Abbeville, Mississippi, to 
its logical connection with Interstate Route 22 in the 
vicinity of Holly Springs, Mississippi. 
‘‘(99) The Central Louisiana Corridor com-
mencing at the logical terminus of Louisiana High-
way 8 at the Sabine River Bridge at Burrs Crossing 
and generally following portions of Louisiana High-
way 8 to Leesville, Louisiana, and then eastward on
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Louisiana Highway 28, passing in the vicinity of Al-
exandria, Pineville, Walters, and Archie, to the log-
ical terminus of United States Route 84 at the Mis-
sissippi River Bridge at Vidalia, Louisiana. 
‘‘(100) The Central Mississippi Corridor, includ-
ing the route— 
‘‘(A) commencing at the logical terminus of 
United States Route 84 at the Mississippi River 
and then generally following portions of United 
States Route 84 passing in the vicinity of Natch-
ez, Brookhaven, Monticello, Prentiss, and Collins, 
to Interstate Route 59 in the vicinity of Laurel, 
Mississippi, and continuing on Interstate Route 
59 north to Interstate Route 20 and on Interstate 
Route 20 to the Mississippi–Alabama State bor-
der; and 
‘‘(B) commencing in the vicinity of Laurel, 
Mississippi, running south on Interstate Route 
59 to United States Route 98 in the vicinity of 
Hattiesburg, connecting to United States Route 
49 south then following United States Route 49 
south to Interstate Route 10 in the vicinity of 
Gulfport and following Mississippi Route 601 
southerly terminating near the Mississippi State 
Port at Gulfport.
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is designated as Interstate Route I–14 South. The 
Bryan/College Station, Texas loop referred to in sub-
section (c)(84)(C) is designated as Interstate Route I– 
214.’’; and 
(2) by adding at the end the following: ‘‘The 
route referred to in subsection (c)(97) is designated as 
Interstate Route I–365. The routes referred to in sub-
sections (c)(84)(C), (c)(99), (c)(100), (c)(101), and 
(c)(102) are designated as Interstate Route I–14. The 
routes referred to in subparagraphs (D), (E), (F), and 
(G) of subsection (c)(84) and subparagraph (B) of 
subsection (c)(100) shall each be given separate Inter-
state route numbers.’’. 
(d) GAO REPORT ON DESIGNATION OF SEGMENTS AS 
PART OF INTERSTATE SYSTEM.— 
(1) DEFINITION OF APPLICABLE SEGMENT.—In 
this subsection, the term ‘‘applicable segment’’ means 
the route described in paragraph (92) of section 
1105(c) of the Intermodal Surface Transportation Ef-
ficiency Act of 1991 (Public Law 102–240; 105 Stat. 
2032). 
(2) REPORT.— 
(A) IN GENERAL.—Not later than 2 years 
after the date on which the applicable segment is 
open for operations as part of the Interstate Sys-
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tem, the Comptroller General of the United 
States shall submit to Congress a report on the 
impact, if any, during that 2-year period of al-
lowing the continuation of weight limits that ap-
plied before the designation of the applicable seg-
ment as a route on the Interstate System. 
(B) REQUIREMENTS.—The report under 
subparagraph (A) shall— 
(i) be informed by the views and docu-
mentation provided by the State highway 
agency (or equivalent agency) in the State 
in which the applicable segment is located; 
(ii) describe any impacts on safety and 
infrastructure on the applicable segment; 
(iii) describe any view of the State 
highway agency (or equivalent agency) in 
the State in which the applicable segment is 
located on the impact of the applicable seg-
ment; and 
(iv) focus only on the applicable seg-
ment. 
SEC. 11515. INTERSTATE WEIGHT LIMITS. 
Section 127 of title 23, United States Code, is amend-
ed— 
(1) in subsection (l)(3)(A)—
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(A) in the matter preceding clause (i), in 
the first sentence, by striking ‘‘clauses (i) through 
(iv) of this subparagraph’’ and inserting 
‘‘clauses (i) through (v)’’; and 
(B) by adding at the end the following: 
‘‘(v) The Louie B. Nunn Cumberland 
Expressway (to be designated as a spur of 
Interstate Route 65) from the interchange 
with Interstate Route 65 in Barren County, 
Kentucky, east to the interchange with 
United States Highway 27 in Somerset, 
Kentucky.’’; and 
(2) by adding at the end the following: 
‘‘(v) OPERATION OF VEHICLES ON CERTAIN NORTH 
CAROLINA HIGHWAYS.—If any segment in the State of 
North Carolina of United States Route 17, United States 
Route 29, United States Route 52, United States Route 64, 
United States Route 70, United States Route 74, United 
States Route 117, United States Route 220, United States 
Route 264, or United States Route 421 is designated as a 
route on the Interstate System, a vehicle that could operate 
legally on that segment before the date of such designation 
may continue to operate on that segment, without regard 
to any requirement under subsection (a).
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‘‘(w) OPERATION OF VEHICLES ON CERTAIN OKLA-
HOMA HIGHWAYS.—If any segment of the highway referred 
to in paragraph (96) of section 1105(c) of the Intermodal 
Surface Transportation Efficiency Act of 1991 (Public Law 
102–240; 105 Stat. 2032) is designated as a route on the 
Interstate System, a vehicle that could operate legally on 
that segment before the date of such designation may con-
tinue to operate on that segment, without any regard to 
any requirement under this section.’’. 
SEC. 11516. REPORT ON AIR QUALITY IMPROVEMENTS. 
(a) IN GENERAL.—Not later than 3 years after the 
date of enactment of this Act, the Comptroller General of 
the United States shall submit a report that evaluates the 
congestion mitigation and air quality improvement pro-
gram under section 149 of title 23, United States Code (re-
ferred to in this section as the ‘‘program’’), to— 
(1) the Committee on Environment and Public 
Works of the Senate; and 
(2) the Committee on Transportation and Infra-
structure of the House of Representatives. 
(b) CONTENTS.—The evaluation under subsection (a) 
shall include an evaluation of— 
(1) the reductions of ozone, carbon monoxide, 
and particulate matter that result from projects under 
the program;
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(2) the cost-effectiveness of the reductions de-
scribed in paragraph (1); 
(3) the result of investments of funding under the 
program in minority and low-income communities 
that are disproportionately affected by ozone, carbon 
monoxide, and particulate matter; 
(4) the effectiveness, with respect to the attain-
ment or maintenance of national ambient air quality 
standards under section 109 of the Clean Air Act (42 
U.S.C. 7409) for ozone, carbon monoxide, and partic-
ulate matter, of performance measures established 
under section 150(c)(5) of title 23, United States 
Code, and performance targets established under sub-
section (d) of that section for traffic congestion and 
on-road mobile source emissions; 
(5) the extent to which there are any types of 
projects that are not eligible funding under the pro-
gram that would be likely to contribute to the attain-
ment or maintenance of the national ambient air 
quality standards described in paragraph (4); and 
(6) the extent to which projects under the pro-
gram reduce sulfur dioxide, nitrogen dioxide, and 
lead.
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SEC. 11517. ROADSIDE HIGHWAY SAFETY HARDWARE. 
(a) IN GENERAL.—To the maximum extent prac-
ticable, the Secretary shall develop a process for third party 
verification of full-scale crash testing results from crash test 
labs, including a method for formally verifying the testing 
outcomes and providing for an independent pass/fail deter-
mination. In establishing such a process, the Secretary shall 
seek to ensure the independence of crash test labs by ensur-
ing that those labs have a clear separation between device 
development and testing in cases in which lab employees 
test devices that were developed within the parent organiza-
tion of the employee. 
(b) CONTINUED
ISSUANCE
OF
ELIGIBILITY
LET-
TERS.—Until the implementation of the process described 
in subsection (a) is complete, the Secretary may, and is 
encouraged to, ensure that the Administrator of the Federal 
Highway Administration continues to issue Federal-aid re-
imbursement eligibility letters for roadside safety hardware 
as a service to States. 
(c) REPORT TO CONGRESS.— 
(1) IN GENERAL.—If the Secretary seeks to dis-
continue issuing the letters described in subsection 
(b), the Secretary shall submit to the Committee on 
Environment and Public Works of the Senate and the 
Committee on Transportation and Infrastructure of
449 
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the House of Representatives a report at least 1 year 
before discontinuing the letters. 
(2) INCLUSIONS.—The report described in para-
graph (1) shall include a summary of the third-party 
verification process described in subsection (a) that 
will replace the Federal Highway Administration 
issuance of eligibility letters and any other relevant 
information that the Secretary deems necessary. 
SEC. 11518. PERMEABLE PAVEMENTS STUDY. 
(a) IN GENERAL.—Not later than 1 year after the date 
of enactment of this Act, the Secretary shall carry out a 
study— 
(1) to gather existing information on the effects 
of permeable pavements on flood control in different 
contexts, including in urban areas, and over the life-
time of the permeable pavement; 
(2) to perform research to fill gaps in the exist-
ing information gathered under paragraph (1); and 
(3) to develop— 
(A) models for the performance of permeable 
pavements in flood control; and 
(B) best practices for designing permeable 
pavement to meet flood control requirements. 
(b) DATA SURVEY.—In carrying out the study under 
subsection (a), the Secretary shall develop—
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(1) a summary, based on available literature 
and models, of localized flood control capabilities of 
permeable pavement that considers long-term per-
formance and cost information; and 
(2) best practices for the design of localized flood 
control using permeable pavement that considers long- 
term performance and cost information. 
(c) PUBLICATION.—The Secretary shall make a report 
describing the results of the study under subsection (a) pub-
licly available. 
SEC. 11519. EMERGENCY RELIEF PROJECTS. 
(a) DEFINITION OF EMERGENCY RELIEF PROJECT.— 
In this section, the term ‘‘emergency relief project’’ means 
a project carried out under the emergency relief program 
under section 125 of title 23, United States Code. 
(b) IMPROVING THE EMERGENCY RELIEF PROGRAM.— 
Not later than 90 days after the date of enactment of this 
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) of title 23, United States Code);
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(B) to identify procedures that States may 
use to incorporate resilience into emergency relief 
projects; and 
(C) to encourage the use of Complete Streets 
design principles and consideration of access for 
moderate- and low-income families impacted by 
a declared disaster; 
(2) develop best practices for improving the use 
of resilience in— 
(A) the emergency relief program under sec-
tion 125 of title 23, United States Code; 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— 
(A) the consideration of resilience as part of 
the emergency relief program under section 125 
of title 23, United States Code; and 
(B) the costs of emergency relief projects. 
SEC. 11520. STUDY ON STORMWATER BEST MANAGEMENT 
PRACTICES. 
(a) STUDY.—Not later than 180 days after the date 
of enactment of this Act, the Secretary and the Adminis-
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trator of the Environment Protection Agency shall offer to 
enter into an agreement with the Transportation Research 
Board of the National Academy of Sciences to conduct a 
study— 
(1) to estimate pollutant loads from stormwater 
runoff from highways and pedestrian facilities eligible 
for assistance under title 23, United States Code, to 
inform the development of appropriate total max-
imum daily load (as defined in section 130.2 of title 
40, Code of Federal Regulations (or successor regula-
tions)) requirements; 
(2) to provide recommendations regarding the 
evaluation and selection by State departments of 
transportation of potential stormwater management 
and total maximum daily load compliance strategies 
within a watershed, including environmental restora-
tion and pollution abatement carried out under sec-
tion 328 of title 23, United States Code (including 
any revisions to law (including regulations) that the 
Transportation Research Board determines to be ap-
propriate); and 
(3) to examine the potential for the Secretary to 
assist State departments of transportation in car-
rying out and communicating stormwater manage-
ment practices for highways and pedestrian facilities
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that are eligible for assistance under title 23, United 
States Code, through information-sharing agreements, 
database assistance, or an administrative platform to 
provide the information described in paragraphs (1) 
and (2) to entities issued permits under the Federal 
Water Pollution Control Act (33 U.S.C. 1251 et seq.). 
(b) REQUIREMENTS.—If the Transportation Research 
Board enters into an agreement under subsection (a), in 
conducting the study under that subsection, the Transpor-
tation Research Board shall— 
(1) review and supplement, as appropriate, the 
methodologies examined and recommended in the re-
port of the National Academies of Sciences, Engineer-
ing, and Medicine entitled ‘‘Approaches for Deter-
mining and Complying with TMDL Requirements 
Related to Roadway Stormwater Runoff’’ and dated 
2019; 
(2) consult with— 
(A) the Secretary; 
(B) the Administrator of the Environmental 
Protection Agency; 
(C) the Secretary of the Army, acting 
through the Chief of Engineers; and 
(D) State departments of transportation; 
and
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(3) solicit input from— 
(A) stakeholders with experience in imple-
menting stormwater management practices for 
projects; and 
(B) educational and technical stormwater 
management groups. 
(c) REPORT.—If the Transportation Research Board 
enters into an agreement under subsection (a), not later 
than 18 months after the date of enactment of this Act, the 
Transportation Research Board shall submit to the Sec-
retary, the Committee on Environment and Public Works 
of the Senate, and the Committee on Transportation and 
Infrastructure of the House of Representatives a report de-
scribing the results of the study. 
SEC. 11521. STORMWATER BEST MANAGEMENT PRACTICES 
REPORTS. 
(a) DEFINITIONS.—In this section: 
(1) 
ADMINISTRATOR.—The 
term 
‘‘Adminis-
trator’’ means the Administrator of the Federal High-
way Administration. 
(2) BEST MANAGEMENT PRACTICES REPORT.— 
The term ‘‘best management practices report’’ 
means— 
(A) the 2014 report sponsored by the Ad-
ministrator entitled ‘‘Determining the State of
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(1) INVASIVE PLANT.—The term ‘‘invasive plant’’ 
means a nonnative plant, tree, grass, or weed species, 
including, at a minimum, cheatgrass, Ventenata 
dubia, medusahead, bulbous bluegrass, Japanese 
brome, 
rattail 
fescue, 
Japanese 
honeysuckle, 
phragmites, autumn olive, Bradford pear, wild pars-
nip, sericea lespedeza, spotted knapweed, garlic mus-
tard, and palmer amaranth. 
(2) PROGRAM.—The term ‘‘program’’ means the 
grant program established under subsection (b). 
(3) TRANSPORTATION
CORRIDOR.—The term 
‘‘transportation corridor’’ means a road, highway, 
railroad, or other surface transportation route. 
(b) ESTABLISHMENT.—The Secretary shall carry out 
a program to provide grants to States to eliminate or con-
trol existing invasive plants or prevent introduction of or 
encroachment by new invasive plants along and in areas 
adjacent to transportation corridor rights-of-way. 
(c) APPLICATION.—To be eligible to receive a grant 
under the program, a State shall submit to the Secretary 
an application at such time, in such manner, and con-
taining such information as the Secretary may require. 
(d) ELIGIBLE ACTIVITIES.— 
(1) IN GENERAL.—Subject to this subsection, a 
State that receives a grant under the program may
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use the grant funds to carry out activities to elimi-
nate or control existing invasive plants or prevent in-
troduction of or encroachment by new invasive plants 
along and in areas adjacent to transportation cor-
ridor rights-of-way. 
(2) PRIORITIZATION OF PROJECTS.—In carrying 
out the program, the Secretary shall give priority to 
projects that utilize revegetation with native plants 
and wildflowers, including those that are pollinator- 
friendly. 
(3) 
PROHIBITION
ON
CERTAIN
USES
OF 
FUNDS.—Amounts provided to a State under the pro-
gram may not be used for costs relating to mowing 
a transportation corridor right-of-way or the adjacent 
area unless— 
(A) mowing is identified as the best means 
of treatment according to best management prac-
tices; or 
(B) mowing is used in conjunction with an-
other treatment. 
(4) LIMITATION.—Not more than 10 percent of 
the amounts provided to a State under the program 
may be used for the purchase of equipment. 
(5) ADMINISTRATIVE AND INDIRECT COSTS.—Not 
more than 5 percent of the amounts provided to a
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State under the program may be used for the admin-
istrative and other indirect costs (such as full time 
employee salaries, rent, insurance, subscriptions, util-
ities, and office supplies) of carrying out eligible ac-
tivities. 
(e) REQUIREMENTS.— 
(1) COORDINATION.—In carrying out eligible ac-
tivities with a grant under the program, a State shall 
coordinate with— 
(A) units of local government, political sub-
divisions of the State, and Tribal authorities 
that are carrying out eligible activities in the 
areas to be treated; 
(B) local regulatory authorities, in the case 
of a treatment along or adjacent to a railroad 
right-of-way; and 
(C) with respect to the most effective road-
side control methods, State and Federal land 
management agencies and any relevant Tribal 
authorities. 
(2) ANNUAL
REPORT.—Not later than 1 year 
after the date on which a State receives a grant under 
the program, and annually thereafter, that State shall 
provide to the Secretary an annual report on the 
treatments carried out using funds from the grant.
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(f) FEDERAL SHARE.— 
(1) IN GENERAL.—The Federal share of the cost 
of an eligible activity carried out using funds from a 
grant under the program shall be— 
(A) in the case of a project that utilizes re-
vegetation with native plants and wildflowers, 
including those that are pollinator-friendly, 75 
percent; and 
(B) in the case of any other project not de-
scribed in subparagraph (A), 50 percent. 
(2) CERTAIN FUNDS COUNTED TOWARD NON-FED-
ERAL
SHARE.—A State may include amounts ex-
pended by the State or a unit of local government in 
the State to address current invasive plant popu-
lations and prevent future infestation along or in 
areas adjacent to transportation corridor rights-of- 
way in calculating the non-Federal share required 
under the program. 
(g) FUNDING.—There is authorized to be appropriated 
to carry out the program $50,000,000 for each of fiscal 
years 2022 through 2026. 
SEC. 11523. OVER-THE-ROAD BUS TOLLING EQUITY. 
Section 129(a) of title 23, United States Code, is 
amended—
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† HR 3684 EAS 
(1) in paragraph (3)(B)(i), by inserting ‘‘, to-
gether with the results of the audit under paragraph 
(9)(C),’’ after ‘‘the audits’’; and 
(2) in paragraph (9)— 
(A) by striking ‘‘An over-the-road’’ and in-
serting the following: 
‘‘(A) IN GENERAL.—An over-the-road’’; 
(B) in subparagraph (A) (as so designated), 
by striking ‘‘public transportation buses’’ and 
inserting ‘‘public transportation vehicles’’; and 
(C) by adding at the end the following: 
‘‘(B) REPORTS.— 
‘‘(i) IN GENERAL.—Not later than 90 
days after the date of enactment of this sub-
paragraph, a public authority that operates 
a toll facility shall report to the Secretary 
any rates, terms, or conditions for access to 
the toll facility by public transportation ve-
hicles that differ from the rates, terms, or 
conditions applicable to over-the-road buses. 
‘‘(ii) UPDATES.—A public authority 
that operates a toll facility shall report to 
the Secretary any change to the rates, 
terms, or conditions for access to the toll fa-
cility by public transportation vehicles that
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differ from the rates, terms, or conditions 
applicable to over-the-road buses by not 
later than 30 days after the date on which 
the change takes effect. 
‘‘(iii) PUBLICATION.—The Secretary 
shall publish information reported to the 
Secretary under clauses (i) and (ii) on a 
publicly accessible internet website. 
‘‘(C) ANNUAL AUDIT.— 
‘‘(i) IN GENERAL.—A public authority 
(as defined in section 101(a)) with jurisdic-
tion over a toll facility shall— 
‘‘(I) conduct or have an inde-
pendent auditor conduct an annual 
audit of toll facility records to verify 
compliance with this paragraph; and 
‘‘(II) report the results of the 
audit, together with the results of the 
audit under paragraph (3)(B), to the 
Secretary. 
‘‘(ii) RECORDS.—After providing rea-
sonable notice, a public authority described 
in clause (i) shall make all records of the 
public authority pertaining to the toll facil-
ity available for audit by the Secretary.
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‘‘(iii) NONCOMPLIANCE.—If the Sec-
retary determines that a public authority 
described in clause (i) has not complied 
with this paragraph, the Secretary may re-
quire the public authority to discontinue 
collecting tolls until an agreement with the 
Secretary is reached to achieve compli-
ance.’’. 
SEC. 11524. BRIDGE TERMINOLOGY. 
(a) CONDITION OF NHS BRIDGES.—Section 119(f)(2) 
of title 23, United States Code, is amended by striking 
‘‘structurally deficient’’ each place it appears and inserting 
‘‘in poor condition’’. 
(b) NATIONAL BRIDGE AND TUNNEL INVENTORIES.— 
Section 144(b)(5) of title 23, United States Code, is amend-
ed by striking ‘‘structurally deficient bridge’’ and inserting 
‘‘bridge classified as in poor condition’’. 
(c) TRIBAL TRANSPORTATION FACILITY BRIDGES.— 
Section 202(d) of title 23, United States Code, is amend-
ed— 
(1) in paragraph (1), by striking ‘‘deficient 
bridges eligible for the tribal transportation program’’ 
and inserting ‘‘bridges eligible for the tribal transpor-
tation program classified as in poor condition, hav-
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ing low load capacity, or needing geometric improve-
ments’’; and 
(2) in paragraph (3)(C), by striking ‘‘struc-
turally deficient or functionally obsolete’’ and insert-
ing ‘‘classified as in poor condition, having a low 
load capacity, or needing geometric improvements’’. 
SEC. 11525. TECHNICAL CORRECTIONS. 
(a) Section 101(b)(1) of title 23, United States Code, 
is amended by inserting ‘‘Highways’’ after ‘‘and Defense’’. 
(b) Section 104(f)(3) of title 23, United States Code, 
is amended— 
(1) in the paragraph heading, by striking ‘‘FED-
ERAL HIGHWAY ADMINISTRATION’’ and inserting ‘‘AN 
OPERATING
ADMINISTRATION
OF
THE
DEPARTMENT 
OF TRANSPORTATION’’; and 
(2) in subparagraph (A), by striking ‘‘the Fed-
eral Highway Administration’’ and inserting ‘‘an op-
erating administration of the Department of Trans-
portation’’. 
(c) Section 108(c)(3)(F) of title 23, United States 
Code, is amended— 
(1) by inserting ‘‘of 1969 (42 U.S.C. 4321 et 
seq.)’’ after ‘‘Policy Act’’; and 
(2) by striking ‘‘this Act’’ and inserting ‘‘this 
title’’.
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(d) Section 112(b)(2) of title 23, United States Code, 
is amended by striking ‘‘(F) (F) Subparagraphs’’ and in-
serting the following: 
‘‘(F) EXCLUSION.—Subparagraphs’’. 
(e) Section 115(c) of title 23, United States Code, is 
amended by striking ‘‘section 135(f)’’ and inserting ‘‘section 
135(g)’’. 
(f) Section 130(g) of title 23, United States Code, is 
amended— 
(1) in the third sentence— 
(A) by striking ‘‘and Transportation,’’ and 
inserting ‘‘and Transportation’’; and 
(B) by striking ‘‘thereafter,,’’ and inserting 
‘‘thereafter,’’; and 
(2) in the fifth sentence, by striking ‘‘railroad 
highway’’ and inserting ‘‘railway-highway’’. 
(g) Section 135(g) of title 23, United States Code, is 
amended— 
(1) in paragraph (3), by striking ‘‘operators),,’’ 
and inserting ‘‘operators),’’; and 
(2) in paragraph (6)(B), by striking ‘‘5310, 
5311, 5316, and 5317’’ and inserting ‘‘5310 and 
5311’’. 
(h) Section 139 of title 23, United States Code (as 
amended by section 11301), is amended—
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(1) in subsection (b)(1), by inserting ‘‘(42 U.S.C. 
4321 et seq.)’’ after ‘‘of 1969’’; 
(2) in subsection (c), by inserting ‘‘(42 U.S.C. 
4321 et seq.)’’ after ‘‘of 1969’’ each place it appears; 
and 
(3) in subsection (k)(2), by inserting ‘‘(42 U.S.C. 
4321 et seq.)’’ after ‘‘of 1969’’. 
(i) Section 140(a) of title 23, United States Code, is 
amended, in the third sentence, by inserting a comma after 
‘‘Secretary’’. 
(j) Section 148(i)(2)(D) of title 23, United States Code, 
is amended by striking ‘‘safety safety’’ and inserting ‘‘safe-
ty’’. 
(k) Section 166(a)(1) of title 23, United States Code, 
is amended by striking the paragraph designation and 
heading and all that follows through ‘‘A public authority’’ 
and inserting the following: 
‘‘(1) AUTHORITY OF PUBLIC AUTHORITIES.—A 
public authority’’. 
(l) Section 201(c)(6)(A)(ii) of title 23, United States 
Code, is amended by striking ‘‘(25 U.S.C. 450 et seq.)’’ and 
inserting ‘‘(25 U.S.C. 5301 et seq.)’’. 
(m) Section 202 of title 23, United States Code, is 
amended—
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(1) by striking ‘‘(25 U.S.C. 450 et seq.)’’ each 
place it appears and inserting ‘‘(25 U.S.C. 5301 et 
seq.)’’; 
(2) in subsection (a)(10)(B), by striking ‘‘(25 
U.S.C. 
450e(b))’’ 
and 
inserting 
‘‘(25 
U.S.C. 
5307(b))’’; and 
(3) in subsection (b)(5), in the matter preceding 
subparagraph (A), by inserting ‘‘the’’ after ‘‘agree-
ment under’’. 
(n) Section 206(d)(2)(G) of title 23, United States 
Code, is amended by striking ‘‘use of recreational trails’’ 
and inserting ‘‘uses of recreational trails’’. 
(o) Section 207 of title 23, United States Code, is 
amended— 
(1) in subsection (g)— 
(A) by striking ‘‘(25 U.S.C. 450j–1)’’ and 
inserting ‘‘(25 U.S.C. 5325)’’; and 
(B) by striking ‘‘(25 U.S.C. 450j–1(f))’’ and 
inserting ‘‘(25 U.S.C. 5325(f))’’; 
(2) in subsection (l)— 
(A) in paragraph (1), by striking ‘‘(25 
U.S.C. 458aaa–5)’’ and inserting ‘‘(25 U.S.C. 
5386)’’;
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(B) in paragraph (2), by striking ‘‘(25 
U.S.C. 458aaa–6)’’ and inserting ‘‘(25 U.S.C. 
5387)’’; 
(C) in paragraph (3), by striking ‘‘(25 
U.S.C. 458aaa–7)’’ and inserting ‘‘(25 U.S.C. 
5388)’’; 
(D) in paragraph (4), by striking ‘‘(25 
U.S.C. 458aaa–9)’’ and inserting ‘‘(25 U.S.C. 
5390)’’; 
(E) in paragraph (5), by striking ‘‘(25 
U.S.C. 458aaa–10)’’ and inserting ‘‘(25 U.S.C. 
5391)’’; 
(F) in paragraph (6), by striking ‘‘(25 
U.S.C. 458aaa–11)’’ and inserting ‘‘(25 U.S.C. 
5392)’’; 
(G) in paragraph (7), by striking ‘‘(25 
U.S.C. 458aaa–14)’’ and inserting ‘‘(25 U.S.C. 
5395)’’; 
(H) in paragraph (8), by striking ‘‘(25 
U.S.C. 458aaa–15)’’ and inserting ‘‘(25 U.S.C. 
5396)’’; and 
(I) in paragraph (9), by striking ‘‘(25 
U.S.C. 458aaa–17)’’ and inserting ‘‘(25 U.S.C. 
5398)’’; and 
(3) in subsection (m)(2)—
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† HR 3684 EAS 
(A) by striking ‘‘505’’ and inserting ‘‘501’’; 
and 
(B) by striking ‘‘(25 U.S.C. 450b; 458aaa)’’ 
and inserting ‘‘(25 U.S.C. 5304; 5381)’’. 
(p) Section 217(d) of title 23, United States Code, is 
amended 
by 
striking 
‘‘104(b)(3)’’ 
and 
inserting 
‘‘104(b)(4)’’. 
(q) Section 323(d) of title 23, United States Code, is 
amended in the matter preceding paragraph (1), in the sec-
ond sentence, by inserting ‘‘(42 U.S.C. 4321 et seq.)’’ after 
‘‘of 1969’’. 
(r) Section 325 of title 23, United States Code, is re-
pealed. 
(s) Section 504(g)(6) of title 23, United States Code, 
is amended by striking ‘‘make grants or to’’ and inserting 
‘‘make grants to’’. 
(t) The analysis for chapter 3 of title 23, United States 
Code, is amended by striking the item relating to section 
325. 
SEC. 11526. WORKING GROUP ON COVERED RESOURCES. 
(a) DEFINITIONS.—In this section: 
(1) COVERED RESOURCE.—The term ‘‘covered re-
source’’ means a common variety material used in 
transportation infrastructure construction and main-
tenance, including stone, sand, and gravel.
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(2) STATE.—The term ‘‘State’’ means each of the 
several States, the District of Columbia, and each ter-
ritory or possession of the United States. 
(3) WORKING
GROUP.—The term ‘‘Working 
Group’’ means the working group established under 
subsection (b). 
(b) ESTABLISHMENT.—Not later than 120 days after 
the date of enactment of this Act, the Secretary shall estab-
lish a working group to conduct a study on access to covered 
resources for infrastructure projects. 
(c) MEMBERSHIP.— 
(1) APPOINTMENT.—The Secretary shall appoint 
to the Working Group individuals with knowledge 
and expertise in the production and transportation of 
covered resources. 
(2) REPRESENTATION.—The Working Group 
shall include not less than 1 representative of each of 
the following: 
(A) State departments of transportation. 
(B) State agencies associated with covered 
resources protection. 
(C) State planning and geologic survey and 
mapping agencies.
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(D) Commercial motor vehicle operators, in-
cluding small business operators and operators 
who transport covered resources. 
(E) Covered resources producers. 
(F) Construction contractors. 
(G) Labor organizations. 
(H) Metropolitan planning organizations 
and regional planning organizations. 
(I) Indian Tribes, including Tribal elected 
leadership or Tribal transportation officials. 
(J) Any other stakeholders that the Sec-
retary determines appropriate. 
(3) TERMINATION.—The Working Group shall 
terminate 180 days after the date on which the Sec-
retary receives the report under subsection (f)(1). 
(d) DUTIES.—In carrying out the study required 
under subsection (b), the Working Group shall analyze— 
(1) the use of covered resources in transportation 
projects funded with Federal dollars; 
(2) how the proximity of covered resources to 
such projects affects the cost and environmental im-
pact of those projects; 
(3) whether and how State, Tribal, and local 
transportation and planning agencies consider cov-
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† HR 3684 EAS 
ered 
resources 
when 
developing 
transportation 
projects; and 
(4) any challenges for transportation project 
sponsors regarding access and proximity to covered 
resources. 
(e) CONSULTATION.—In carrying out the study re-
quired under subsection (b), the Working Group shall con-
sult with, as appropriate— 
(1) chief executive officers of States; 
(2) State, Tribal, and local transportation and 
planning agencies; 
(3) other relevant State, Tribal, and local agen-
cies, including State agencies associated with covered 
resources protection; 
(4) members of the public with industry experi-
ence with respect to covered resources; 
(5) other Federal entities that provide funding 
for transportation projects; and 
(6) any other stakeholder the Working Group de-
termines appropriate. 
(f) REPORTS.— 
(1) WORKING GROUP REPORT.—Not later than 2 
years after the date on which the Working Group is 
established, the Working Group shall submit to the 
Secretary a report that includes—
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(A) the findings of the study required under 
subsection (b), including a summary of com-
ments received during the consultation process 
under subsection (e); and 
(B) any recommendations to preserve access 
to and reduce the costs and environmental im-
pacts of covered resources for infrastructure 
projects. 
(2) DEPARTMENTAL REPORT.—Not later than 90 
days after the date on which the Secretary receives the 
report under paragraph (1), the Secretary shall sub-
mit to the Committee on Transportation and Infra-
structure of the House of Representatives and the 
Committee on Environment and Public Works of the 
Senate a summary of the findings under the report 
and any recommendations, as appropriate. 
SEC. 11527. BLOOD TRANSPORT VEHICLES. 
Section 166(b) of title 23, United States Code, is 
amended by adding at the end the following: 
‘‘(6) BLOOD TRANSPORT VEHICLES.—The public 
authority may allow blood transport vehicles that are 
transporting blood between a collection point and a 
hospital or storage center to use the HOV facility if 
the public authority establishes requirements for clear-
ly identifying such vehicles.’’.
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SEC. 11528. POLLINATOR-FRIENDLY PRACTICES ON ROAD-
SIDES AND HIGHWAY RIGHTS-OF-WAY. 
(a) IN GENERAL.—Chapter 3 of title 23, United States 
Code (as amended by section 11309(a)), is amended by add-
ing at the end the following: 
‘‘§ 332. Pollinator-friendly practices on roadsides and 
highway rights-of-way 
‘‘(a) IN GENERAL.—The Secretary shall establish a 
program to provide grants to eligible entities to carry out 
activities to benefit pollinators on roadsides and highway 
rights-of-way, including the planting and seeding of native, 
locally-appropriate grasses and wildflowers, including 
milkweed. 
‘‘(b) ELIGIBLE ENTITIES.—An entity eligible to receive 
a grant under this section is— 
‘‘(1) a State department of transportation; 
‘‘(2) an Indian tribe; or 
‘‘(3) a Federal land management agency. 
‘‘(c) APPLICATION.—To be eligible to receive a grant 
under this section, an eligible entity shall submit to the Sec-
retary an application at such time, in such manner, and 
containing such information as the Secretary may require, 
including a pollinator-friendly practices plan described in 
subsection (d). 
‘‘(d) POLLINATOR-FRIENDLY PRACTICES PLAN.—
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‘‘(1) IN GENERAL.—An eligible entity shall in-
clude in the application under subsection (c) a plan 
that describes the pollinator-friendly practices that 
the eligible entity has implemented or plans to imple-
ment, including— 
‘‘(A) practices relating to mowing strategies 
that promote early successional vegetation and 
limit disturbance during periods of highest use 
by target pollinator species on roadsides and 
highway rights-of-way, such as— 
‘‘(i) reducing the mowing swath out-
side of the State-designated safety zone; 
‘‘(ii) increasing the mowing height; 
‘‘(iii) reducing the mowing frequency; 
‘‘(iv) refraining from mowing monarch 
and other pollinator habitat during periods 
in which monarchs or other pollinators are 
present; 
‘‘(v) use of a flushing bar and cutting 
at reduced speeds to reduce pollinator 
deaths due to mowing; or 
‘‘(vi) reducing raking along roadsides 
and highway rights-of-way; 
‘‘(B) implementation of an integrated vege-
tation management plan that includes ap-
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† HR 3684 EAS 
proaches such as mechanical tree and brush re-
moval, targeted and judicious use of herbicides, 
and mowing, to address weed issues on roadsides 
and highway rights-of-way; 
‘‘(C) planting or seeding of native, locally- 
appropriate grasses and wildflowers, including 
milkweed, on roadsides and highway rights-of- 
way to enhance pollinator habitat, including lar-
val host plants; 
‘‘(D) removing nonnative grasses from 
planting and seeding mixes, except for use as 
nurse or cover crops; 
‘‘(E) obtaining expert training or assistance 
on pollinator-friendly practices, including— 
‘‘(i) native plant identification; 
‘‘(ii) establishment and management of 
locally-appropriate native plants that ben-
efit pollinators; 
‘‘(iii) land management practices that 
benefit pollinators; and 
‘‘(iv) 
pollinator-focused 
integrated 
vegetation management; or 
‘‘(F) any other pollinator-friendly practices 
the Secretary determines to be appropriate.
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† HR 3684 EAS 
‘‘(2) COORDINATION.—In developing a plan 
under paragraph (1), an eligible entity that is a 
State department of transportation or a Federal land 
management agency shall coordinate with applicable 
State agencies, including State agencies with jurisdic-
tion over agriculture and fish and wildlife. 
‘‘(3) CONSULTATION.—In developing a plan 
under paragraph (1)— 
‘‘(A) an eligible entity that is a State de-
partment of transportation or a Federal land 
management agency shall consult with affected 
or interested Indian tribes; and 
‘‘(B) any eligible entity may consult with 
nonprofit organizations, institutions of higher 
education, metropolitan planning organizations, 
and any other relevant entities. 
‘‘(e) AWARD OF GRANTS.— 
‘‘(1) IN GENERAL.—The Secretary shall provide 
a grant to each eligible entity that submits an appli-
cation under subsection (c), including a plan under 
subsection (d), that the Secretary determines to be sat-
isfactory. 
‘‘(2) AMOUNT
OF
GRANTS.—The amount of a 
grant under this section—
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† HR 3684 EAS 
‘‘(A) shall be based on the number of polli-
nator-friendly practices the eligible entity has 
implemented or plans to implement; and 
‘‘(B) shall not exceed $150,000. 
‘‘(f) USE OF FUNDS.—An eligible entity that receives 
a grant under this section shall use the funds for the imple-
mentation, improvement, or further development of the plan 
under subsection (d). 
‘‘(g) FEDERAL SHARE.—The Federal share of the cost 
of an activity carried out with a grant under this section 
shall be 100 percent. 
‘‘(h) BEST PRACTICES.—The Secretary shall develop 
and make available to eligible entities best practices for, 
and a priority ranking of, pollinator-friendly practices on 
roadsides and highway rights-of-way. 
‘‘(i) TECHNICAL ASSISTANCE.—On request of an eligi-
ble entity that receives a grant under this section, the Sec-
retary shall provide technical assistance with the implemen-
tation, improvement, or further development of a plan 
under subsection (d). 
‘‘(j) ADMINISTRATIVE COSTS.—For each fiscal year, 
the Secretary may use not more than 2 percent of the 
amounts made available to carry out this section for the 
administrative costs of carrying out this section.
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† HR 3684 EAS 
‘‘(k) REPORT.—Not later than 1 year after the date 
on which the first grant is provided under this section, 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 Rep-
resentatives a report on the implementation of the program 
under this section. 
‘‘(l) AUTHORIZATION OF APPROPRIATIONS.— 
‘‘(1) IN GENERAL.—There is authorized to be ap-
propriated to carry out this section $2,000,000 for 
each of fiscal years 2022 through 2026. 
‘‘(2) AVAILABILITY.—Amounts made available 
under this section shall remain available for a period 
of 3 years after the last day of the fiscal year for 
which the funds are authorized.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 
3 of title 23, United States Code (as amended by section 
11309(b)), is amended by adding at the end the following: 
‘‘332. Pollinator-friendly practices on roadsides and highway rights-of-way.’’. 
SEC. 11529. ACTIVE TRANSPORTATION INFRASTRUCTURE 
INVESTMENT PROGRAM. 
(a) IN GENERAL.—Subject to the availability of appro-
priations, the Secretary shall carry out an active transpor-
tation infrastructure investment program to make grants, 
on a competitive basis, to eligible organizations to construct 
eligible projects to provide safe and connected active trans-
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† HR 3684 EAS 
portation facilities in an active transportation network or 
active transportation spine. 
(b) APPLICATION.— 
(1) IN
GENERAL.—To be eligible to receive a 
grant under this section, an eligible organization 
shall submit to the Secretary an application in such 
manner and containing such information as the Sec-
retary may require. 
(2) ELIGIBLE PROJECTS PARTIALLY ON FEDERAL 
LAND.—With respect to an application for an eligible 
project that is located in part on Federal land, an eli-
gible organization shall enter into a cooperative 
agreement with the appropriate Federal agency with 
jurisdiction over such land to submit an application 
described in paragraph (1). 
(c) APPLICATION CONSIDERATIONS.—In making a 
grant for construction of an active transportation network 
or active transportation spine under this section, the Sec-
retary shall consider the following: 
(1) Whether the eligible organization submitted a 
plan for an eligible project for the development of 
walking and bicycling infrastructure that is likely to 
provide substantial additional opportunities for walk-
ing and bicycling, including effective plans—
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† HR 3684 EAS 
(A) to create an active transportation net-
work connecting destinations within or between 
communities, including schools, workplaces, resi-
dences, businesses, recreation areas, and other 
community areas, or create an active transpor-
tation spine connecting two or more commu-
nities, metropolitan regions, or States; and 
(B) to integrate active transportation facili-
ties with transit services, where available, to im-
prove access to public transportation. 
(2) Whether the eligible organization dem-
onstrates broad community support through— 
(A) the use of public input in the develop-
ment of transportation plans; and 
(B) the commitment of community leaders 
to the success and timely implementation of an 
eligible project. 
(3) Whether the eligible organization provides 
evidence of commitment to traffic safety, regulations, 
financial incentives, or community design policies 
that facilitate significant increases in walking and 
bicycling. 
(4) The extent to which the eligible organization 
demonstrates commitment of State, local, or eligible 
Federal matching funds, and land or in-kind con-
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† HR 3684 EAS 
tributions, in addition to the local match required 
under subsection (f)(1), unless the applicant qualifies 
for an exception under subsection (f)(2). 
(5) The extent to which the eligible organization 
demonstrates that the grant will address existing dis-
parities in bicyclist and pedestrian fatality rates 
based on race or income level or provide access to jobs 
and services for low-income communities and dis-
advantaged communities. 
(6) Whether the eligible organization dem-
onstrates how investment in active transportation 
will advance safety for pedestrians and cyclists, acces-
sibility to jobs and key destinations, economic com-
petitiveness, environmental protection, and quality of 
life. 
(d) USE OF FUNDS.— 
(1) IN GENERAL.—Of the amounts made avail-
able to carry out this section and subject to para-
graphs (2) and (3), the Secretary shall obligate— 
(A) not less than 30 percent to eligible 
projects that construct active transportation net-
works that connect people with public transpor-
tation, businesses, workplaces, schools, residences, 
recreation areas, and other community activity 
centers; and
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† HR 3684 EAS 
(B) not less than 30 percent to eligible 
projects that construct active transportation 
spines. 
(2) PLANNING AND DESIGN GRANTS.—Each fiscal 
year, the Secretary shall set aside not less than 
$3,000,000 of the funds made available to carry out 
this section to provide planning grants for eligible or-
ganizations to develop plans for active transportation 
networks and active transportation spines. 
(3) ADMINISTRATIVE COSTS.—Each fiscal year, 
the Secretary shall set aside not more than $2,000,000 
of the funds made available to carry out this section 
to cover the costs of administration, research, tech-
nical assistance, communications, and training ac-
tivities under the program. 
(4) LIMITATION
ON
STATUTORY
CONSTRUC-
TION.—Nothing in this subsection prohibits an eligi-
ble organization from receiving research or other 
funds under title 23 or 49, United States Code. 
(e) GRANT TIMING.— 
(1) REQUEST FOR APPLICATION.—Not later than 
30 days after funds are made available to carry out 
this section for a fiscal year, the Secretary shall pub-
lish in the Federal Register a request for applications 
for grants under this section for that fiscal year.
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† HR 3684 EAS 
(2) SELECTION
OF
GRANT
RECIPIENTS.—Not 
later than 150 days after funds are made available to 
carry out this section for a fiscal year, the Secretary 
shall select grant recipients of grants under this sec-
tion for that fiscal year. 
(f) FEDERAL SHARE.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the Federal share of the cost of an eligible 
project carried out using a grant under this section 
shall not exceed 80 percent of the total project cost. 
(2) EXCEPTION
FOR
DISADVANTAGED
COMMU-
NITIES.—For eligible projects serving communities 
with a poverty rate of over 40 percent based on the 
majority of census tracts served by the eligible project, 
the Secretary may increase the Federal share of the 
cost of the eligible project up to 100 percent of the 
total project cost. 
(g) ASSISTANCE TO INDIAN TRIBES.—In carrying out 
this section, the Secretary may enter into grant agreements, 
self-determination contracts, and self-governance compacts 
under the Indian Self-Determination and Education Assist-
ance Act (25 U.S.C. 5301 et seq.) with Indian tribes that 
are eligible organizations, and such agreements, contracts, 
and compacts shall be administered in accordance with that 
Act.
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† HR 3684 EAS 
(h) REPORTS.— 
(1) INTERIM REPORT.—Not later than September 
30, 2024, the Secretary shall submit to Congress a re-
port containing the information described in para-
graph (3). 
(2) FINAL REPORT.—Not later than September 
30, 2026, the Secretary shall submit to Congress a re-
port containing the information described in para-
graph (3). 
(3) REPORT INFORMATION.—A report submitted 
under this subsection shall contain the following, with 
respect to the period covered by the applicable report: 
(A) A list of grants made under this section. 
(B) Best practices of eligible organizations 
that receive grants under this section in imple-
menting eligible projects. 
(C) Impediments experienced by eligible or-
ganizations that receive grants under this section 
in developing and shifting to active transpor-
tation. 
(i) RULE REQUIRED.—Not later than 1 year after the 
date of enactment of this Act, the Secretary shall issue a 
final rule that encourages the use of the programmatic cat-
egorical exclusion, expedited procurement techniques, and 
other best practices to facilitate productive and timely ex-
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† HR 3684 EAS 
penditures for eligible projects that are small, low-impact, 
and constructed within an existing built environment. 
(j) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—There is authorized to be ap-
propriated to the Secretary to carry out this section 
$200,000,000 for each of fiscal years 2022 through 
2026. 
(2) AVAILABILITY.—The amounts made available 
to carry out this section shall remain available until 
expended. 
(k) TREATMENT OF PROJECTS.—Notwithstanding any 
other provision of law, a project assisted under this section 
shall be treated as a project on a Federal-aid highway under 
chapter 1 of title 23, United States Code. 
(l) DEFINITIONS.—In this section: 
(1) ACTIVE TRANSPORTATION.—The term ‘‘active 
transportation’’ means mobility options powered pri-
marily by human energy, including bicycling and 
walking. 
(2) ACTIVE
TRANSPORTATION
NETWORK.—The 
term ‘‘active transportation network’’ means facilities 
built for active transportation, including sidewalks, 
bikeways, and pedestrian and bicycle trails, that con-
nect between destinations within a community or 
metropolitan region.
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† HR 3684 EAS 
(3) ACTIVE TRANSPORTATION SPINE.—The term 
‘‘active transportation spine’’ means facilities built 
for active transportation, including sidewalks, bike-
ways, and pedestrian and bicycle trails that connect 
between communities, metropolitan regions, or States. 
(4) COMMUNITY.—The term ‘‘community’’ means 
a geographic area that is socioeconomically inter-
dependent and may include rural, suburban, and 
urban jurisdictions. 
(5) ELIGIBLE ORGANIZATION.—The term ‘‘eligi-
ble organization’’ means— 
(A) a local or regional governmental orga-
nization, including a metropolitan planning or-
ganization or regional planning organization or 
council; 
(B) a multicounty special district; 
(C) a State; 
(D) a multistate group of governments; or 
(E) an Indian tribe. 
(6) ELIGIBLE
PROJECT.—The term ‘‘eligible 
project’’ means an active transportation project or 
group of projects— 
(A) within or between a community or 
group of communities, at least one of which falls 
within the jurisdiction of an eligible organiza-
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tion, which has submitted an application under 
this section; and 
(B) that has— 
(i) a total cost of not less than 
$15,000,000; or 
(ii) with respect to planning and de-
sign grants, planning and design costs of 
not less than $100,000. 
(7) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has 
the meaning given the term in section 4 of the Indian 
Self-Determination and Education Assistance Act (25 
U.S.C. 5304). 
(8) TOTAL
PROJECT
COST.—The term ‘‘total 
project cost’’ means the sum total of all costs incurred 
in the development of an eligible project that are ap-
proved by the Secretary as reasonable and necessary, 
including— 
(A) the cost of acquiring real property; 
(B) the cost of site preparation, demolition, 
and development; 
(C) expenses related to the issuance of bonds 
or notes; 
(D) fees in connection with the planning, 
execution, and financing of the eligible project;
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(E) the cost of studies, surveys, plans, per-
mits, insurance, interest, financing, tax, and as-
sessments; 
(F) the cost of construction, rehabilitation, 
reconstruction, 
and 
equipping 
the 
eligible 
project; 
(G) the cost of land improvements; 
(H) contractor fees; 
(I) the cost of training and education re-
lated to the safety of users of any bicycle or pe-
destrian network or spine constructed as part of 
an eligible project; and 
(J) any other cost that the Secretary deter-
mines is necessary and reasonable. 
SEC. 11530. HIGHWAY COST ALLOCATION STUDY. 
(a) IN GENERAL.—Not later than 4 years after the 
date of enactment of this Act, the Secretary, in coordination 
with State departments of transportation, shall carry out 
a highway cost allocation study to determine the direct costs 
of highway use by various types of users. 
(b) INCLUSIONS.—The study under subsection (a) shall 
include an examination of— 
(1) the Federal costs occasioned in the design, 
construction, rehabilitation, and maintenance of Fed-
eral-aid highways by—
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(A) the use of vehicles of different dimen-
sions, weights, number of axles, and other speci-
fications; and 
(B) the frequency of those vehicles in the 
traffic stream; 
(2) the safety-, emissions-, congestion-, and 
noise-related costs of highway use by various types of 
users, and other costs as determined by the Secretary; 
and 
(3) the proportionate share of the costs described 
in paragraph (1) that are attributable to each class 
of highway users. 
(c) REQUIREMENTS.—In carrying out the study under 
subsection (a), the Secretary shall— 
(1) ensure that the study examines only direct 
costs of highway use; 
(2) capture the various driving conditions in dif-
ferent geographic areas of the United States; 
(3) to the maximum extent practicable, distin-
guish between costs directly occasioned by a highway 
user class and costs occasioned by all highway user 
classes; and 
(4) compare the costs occasioned by various high-
way user classes with the user fee revenue contributed
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to the Highway Trust Fund by those highway user 
classes. 
(d) REPORTS.— 
(1) INTERIM REPORTS.—Not less frequently than 
annually during the period during which the Sec-
retary is carrying out the study under subsection (a), 
the Secretary shall submit to Congress an interim re-
port on the progress of the study. 
(2) FINAL REPORT.—On completion of the study 
under subsection (a), the Secretary shall submit to 
Congress a final report on the results of the study, in-
cluding the recommendations under subsection (e). 
(e) RECOMMENDATIONS.—On completion of the study 
under subsection (a), the Secretary, in coordination with 
the Secretary of the Treasury, shall develop recommenda-
tions for a set of revenue options to fully cover the costs 
occasioned by highway users, including recommendations 
for— 
(1) changes to existing revenue streams; and 
(2) new revenue streams based on user fees.
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TITLE II—TRANSPORTATION IN-
FRASTRUCTURE 
FINANCE 
AND INNOVATION 
SEC. 12001. TRANSPORTATION INFRASTRUCTURE FINANCE 
AND INNOVATION ACT OF 1998 AMENDMENTS. 
(a) DEFINITIONS.—Section 601(a) of title 23, United 
States Code, is amended— 
(1) in subparagraph (E) of paragraph (10), by 
striking ‘‘3 years’’ and inserting ‘‘5 years’’; and 
(2) in paragraph (12)— 
(A) by striking subparagraph (E) and in-
serting the following: 
‘‘(E) a project to improve or construct pub-
lic infrastructure— 
‘‘(i) that— 
‘‘(I) is located within walking dis-
tance of, and accessible to, a fixed 
guideway transit facility, passenger 
rail station, intercity bus station, or 
intermodal facility, including a trans-
portation, public utility, or capital 
project 
described 
in 
section 
5302(3)(G)(v) of title 49, and related 
infrastructure; or
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‘‘(II) is a project for economic de-
velopment, including commercial and 
residential development, and related 
infrastructure and activities— 
‘‘(aa) that incorporates pri-
vate investment; 
‘‘(bb) that is physically or 
functionally related to a passenger 
rail station or multimodal station 
that includes rail service; 
‘‘(cc) for which the project 
sponsor has a high probability of 
commencing the contracting proc-
ess for construction by not later 
than 90 days after the date on 
which credit assistance under the 
TIFIA program is provided for 
the project; and 
‘‘(dd) that has a high prob-
ability of reducing the need for fi-
nancial 
assistance 
under 
any 
other Federal program for the rel-
evant passenger rail station or 
service by increasing ridership, 
tenant lease payments, or other
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activities that generate revenue 
exceeding costs; and 
‘‘(ii) for which, by not later than Sep-
tember 30, 2026, the Secretary has— 
‘‘(I) received a letter of interest; 
and 
‘‘(II) determined that the project 
is eligible for assistance;’’; 
(B) in subparagraph (F), by striking the 
period at the end and inserting a semicolon; and 
(C) by adding at the end the following: 
‘‘(G) an eligible airport-related project (as 
defined in section 40117(a) of title 49) for which, 
not later than September 30, 2025, the Secretary 
has— 
‘‘(i) received a letter of interest; and 
‘‘(ii) determined that the project is eli-
gible for assistance; and 
‘‘(H) a project for the acquisition of plant 
and wildlife habitat pursuant to a conservation 
plan that— 
‘‘(i) has been approved by the Sec-
retary of the Interior pursuant to section 10 
of the Endangered Species Act of 1973 (16 
U.S.C. 1539); and
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‘‘(ii) in the judgment of the Secretary, 
would mitigate the environmental impacts 
of transportation infrastructure projects 
otherwise eligible for assistance under this 
title.’’. 
(b) ELIGIBILITY.—Section 602(a)(2) of title 23, 
United States Code, is amended— 
(1) in subparagraph (A)(iv)— 
(A) by striking ‘‘a rating’’ and inserting 
‘‘an investment-grade rating’’; and 
(B) by striking ‘‘$75,000,000’’ and inserting 
‘‘$150,000,000’’; and 
(2) in subparagraph (B)— 
(A) by striking ‘‘the senior debt’’ and insert-
ing ‘‘senior debt’’; and 
(B) by striking ‘‘credit instrument is for an 
amount less than $75,000,000’’ and inserting 
‘‘total amount of other senior debt and the Fed-
eral 
credit 
instrument 
is 
less 
than 
$150,000,000’’. 
(c) FEDERAL REQUIREMENTS.—Section 602(c)(1) of 
title 23, United States Code, is amended in the matter pre-
ceding subparagraph (A) by striking ‘‘and the requirements 
of section 5333(a) of title 49 for rail projects,’’ and inserting 
‘‘the requirements of section 5333(a) of title 49 for rail
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projects, and the requirements of sections 47112(b) and 
50101 of title 49 for airport-related projects,’’. 
(d) PROCESSING TIMELINES.—Section 602(d) of title 
23, United States Code, is amended— 
(1) by redesignating paragraphs (1) and (2) as 
paragraphs (2) and (3), respectively; 
(2) in paragraph (3) (as so redesignated), by 
striking ‘‘paragraph (1)’’ and inserting ‘‘paragraph 
(2)’’; and 
(3) by inserting before paragraph (2) (as so re-
designated) the following: 
‘‘(1) PROCESSING
TIMELINES.—Except in the 
case of an application described in subsection (a)(8) 
and to the maximum extent practicable, the Secretary 
shall provide an applicant with a specific estimate of 
the timeline for the approval or disapproval of the 
application of the applicant, which, to the maximum 
extent practicable, the Secretary shall endeavor to 
complete by not later than 150 days after the date on 
which the applicant submits a letter of interest to the 
Secretary.’’. 
(e) MATURITY DATE OF CERTAIN SECURED LOANS.— 
Section 603(b)(5) of title 23, United States Code, is amend-
ed—
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(1) in subparagraph (A), in the matter preceding 
clause (i), by striking ‘‘subparagraph (B)’’ and in-
serting ‘‘subparagraphs (B) and (C)’’; and 
(2) by adding at the end the following: 
‘‘(C) LONG LIVED ASSETS.—In the case of a 
capital asset with an estimated life of more than 
50 years, the final maturity date of the secured 
loan shall be the lesser of— 
‘‘(i) 75 years after the date of substan-
tial completion of the project; or 
‘‘(ii) 75 percent of the estimated useful 
life of the capital asset.’’. 
(f) SECURED LOANS.—Section 603(c)(4)(A) of title 23, 
United States Code, is amended— 
(1) by striking ‘‘Any excess’’ and inserting the 
following: 
‘‘(i) IN GENERAL.—Except as provided 
in clause (ii), any excess’’; and 
(2) by adding at the end the following: 
‘‘(ii) CERTAIN
APPLICANTS.—In the 
case of a secured loan or other secured Fed-
eral credit instrument provided after the 
date of enactment of the Surface Transpor-
tation Reauthorization Act of 2021, if the 
obligor is a governmental entity, agency, or
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instrumentality, the obligor shall not be re-
quired to prepay the secured loan or other 
secured Federal credit instrument with any 
excess revenues described in clause (i) if the 
obligor enters into an agreement to use those 
excess revenues only for purposes authorized 
under this title or title 49.’’. 
(g) TECHNICAL AMENDMENT.—Section 602(e) of title 
23, United States Code, is amended by striking ‘‘section 
601(a)(1)(A)’’ and inserting ‘‘section 601(a)(2)(A)’’. 
(h) STREAMLINED APPLICATION PROCESS.—Section 
603(f) of title 23, United States Code, is amended by adding 
at the end the following: 
‘‘(3) ADDITIONAL TERMS FOR EXPEDITED DECI-
SIONS.— 
‘‘(A) IN
GENERAL.—Not later than 120 
days after the date of enactment of this para-
graph, the Secretary shall implement an expe-
dited decision timeline for public agency bor-
rowers seeking secured loans that meet— 
‘‘(i) the terms under paragraph (2); 
and 
‘‘(ii) the additional criteria described 
in subparagraph (B).
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‘‘(B) ADDITIONAL
CRITERIA.—The addi-
tional criteria referred to in subparagraph 
(A)(ii) are the following: 
‘‘(i) The secured loan is made on terms 
and conditions that substantially conform 
to the conventional terms and conditions es-
tablished by the National Surface Transpor-
tation Innovative Finance Bureau. 
‘‘(ii) The secured loan is rated in the 
A category or higher. 
‘‘(iii) The TIFIA program share of eli-
gible project costs is 33 percent or less. 
‘‘(iv) The applicant demonstrates a 
reasonable expectation that the contracting 
process for the project can commence by not 
later than 90 days after the date on which 
a Federal credit instrument is obligated for 
the project under the TIFIA program. 
‘‘(v) The project has received a categor-
ical exclusion, a finding of no significant 
impact, or a record of decision under the 
National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.). 
‘‘(C) WRITTEN
NOTICE.—The Secretary 
shall provide to an applicant seeking a secured
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loan under the expedited decision process under 
this paragraph a written notice informing the 
applicant whether the Secretary has approved or 
disapproved the application by not later than 
180 days after the date on which the Secretary 
submits to the applicant a letter indicating that 
the National Surface Transportation Innovative 
Finance Bureau has commenced the credit-
worthiness review of the project.’’. 
(i) FUNDING.— 
(1) IN
GENERAL.—Section 608(a) of title 23, 
United States Code, is amended— 
(A) by redesignating paragraphs (4) and 
(5) as paragraphs (5) and (6), respectively; 
(B) by inserting after paragraph (3) the fol-
lowing: 
‘‘(4) LIMITATION FOR CERTAIN PROJECTS.— 
‘‘(A) 
TRANSIT-ORIENTED
DEVELOPMENT 
PROJECTS.—For each fiscal year, the Secretary 
may use to carry out projects described in sec-
tion 601(a)(12)(E) not more than 15 percent of 
the amounts made available to carry out the 
TIFIA program for that fiscal year.
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‘‘(B) AIRPORT-RELATED
PROJECTS.—The 
Secretary may use to carry out projects described 
in section 601(a)(12)(G)— 
‘‘(i) for each fiscal year, not more than 
15 percent of the amounts made available to 
carry out the TIFIA program under the 
Surface 
Transportation 
Reauthorization 
Act of 2021 for that fiscal year; and 
‘‘(ii) for the period of fiscal years 2022 
through 2026, not more than 15 percent of 
the unobligated carryover balances (as of 
October 1, 2021).’’; and 
(C) by striking paragraph (6) (as so redes-
ignated) and inserting the following: 
‘‘(6) ADMINISTRATIVE COSTS.—Of the amounts 
made available to carry out the TIFIA program, the 
Secretary may use not more than $10,000,000 for 
each of fiscal years 2022 through 2026 for the admin-
istration of the TIFIA program.’’. 
(2) 
CONFORMING
AMENDMENT.—Section 
605(f)(1) of title 23, United States Code, is amended 
by striking ‘‘section 608(a)(5)’’ and inserting ‘‘section 
608(a)(6)’’. 
(j) STATUS REPORTS.—Section 609 of title 23, United 
States Code, is amended by adding at the end the following:
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‘‘(c) STATUS REPORTS.— 
‘‘(1) IN GENERAL.—The Secretary shall publish 
on the website for the TIFIA program— 
‘‘(A) on a monthly basis, a current status 
report on all submitted letters of interest and ap-
plications received for assistance under the 
TIFIA program; and 
‘‘(B) on a quarterly basis, a current status 
report on all approved applications for assist-
ance under the TIFIA program. 
‘‘(2) INCLUSIONS.—Each monthly and quarterly 
status report under paragraph (1) shall include, at a 
minimum, with respect to each project included in the 
status report— 
‘‘(A) the name of the party submitting the 
letter of interest or application; 
‘‘(B) the name of the project; 
‘‘(C) the date on which the letter of interest 
or application was received; 
‘‘(D) the estimated project eligible costs; 
‘‘(E) the type of credit assistance sought; 
and 
‘‘(F) the anticipated fiscal year and quarter 
for closing of the credit assistance.’’.
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(k) STATE INFRASTRUCTURE BANK PROGRAM.—Sec-
tion 610 of title 23, United States Code, is amended— 
(1) in subsection (d)— 
(A) in paragraph (1)(A), by striking ‘‘fiscal 
years 2016 through 2020’’ and inserting ‘‘fiscal 
years 2022 through 2026’’; 
(B) in paragraph (2), by striking ‘‘fiscal 
years 2016 through 2020’’ and inserting ‘‘fiscal 
years 2022 through 2026’’; and 
(C) in paragraph (3), by striking ‘‘fiscal 
years 2016 through 2020’’ and inserting ‘‘fiscal 
years 2022 through 2026’’; and 
(2) in subsection (k), by striking ‘‘fiscal years 
2016 through 2020’’ and inserting ‘‘fiscal years 2022 
through 2026’’. 
(l) REPORT.—Not later than September 30, 2025, 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 Rep-
resentatives a report on the impact of the amendment relat-
ing to airport-related projects under subsection (a)(2)(C) 
and subsection (i)(1)(B), including— 
(1) information on the use of TIFIA program (as 
defined in section 601(a) of title 23, United States 
Code) funds for eligible airport-related projects (as de-
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fined in section 40117(a) of title 49, United States 
Code); and 
(2) recommendations for modifications to the 
TIFIA program. 
SEC. 12002. FEDERAL REQUIREMENTS FOR TIFIA ELIGI-
BILITY AND PROJECT SELECTION. 
(a) IN GENERAL.—Section 602(c) of title 23, United 
States Code, is amended by adding at the end the following: 
‘‘(3) PAYMENT AND PERFORMANCE SECURITY.— 
‘‘(A) IN GENERAL.—The Secretary shall en-
sure that the design and construction of a project 
carried out with assistance under the TIFIA pro-
gram shall have appropriate payment and per-
formance security, regardless of whether the obli-
gor is a State, local government, agency or in-
strumentality of a State or local government, 
public authority, or private party. 
‘‘(B) WRITTEN
DETERMINATION.—If pay-
ment and performance security is required to be 
furnished by applicable State or local statute or 
regulation, the Secretary may accept such pay-
ment and performance security requirements ap-
plicable to the obligor if the Federal interest with 
respect to Federal funds and other project risk
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related to design and construction is adequately 
protected. 
‘‘(C) NO DETERMINATION OR APPLICABLE 
REQUIREMENTS.—If there are no payment and 
performance security requirements applicable to 
the obligor, the security under section 3131(b) of 
title 40 or an equivalent State or local require-
ment, as determined by the Secretary, shall be 
required.’’. 
(b) APPLICABILITY.—The amendments made by this 
section shall apply with respect to any agreement for credit 
assistance entered into on or after the date of enactment 
of this Act. 
TITLE III—RESEARCH, 
TECHNOLOGY, AND EDUCATION 
SEC. 13001. STRATEGIC INNOVATION FOR REVENUE COL-
LECTION. 
(a) IN GENERAL.—The Secretary shall establish a pro-
gram to test the feasibility of a road usage fee and other 
user-based alternative revenue mechanisms (referred to in 
this section as ‘‘user-based alternative revenue mecha-
nisms’’) to help maintain the long-term solvency of the 
Highway Trust Fund, through pilot projects at the State, 
local, and regional level. 
(b) GRANTS.—
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(2) research and development activities (includ-
ing laboratory and test track supported accelerated 
pavement testing research regarding the impacts of 
connected, autonomous, and platooned vehicles on 
pavement and infrastructure performance)— 
(A) to reduce the impact of automated and 
connected driving systems and advanced driver- 
assistance systems on pavement and infrastruc-
ture performance; and 
(B) to improve transportation infrastruc-
ture design in anticipation of increased usage of 
automated driving systems and advanced driver- 
assistance systems. 
(c) TREATMENT.—Except as otherwise provided in this 
section, the Secretary shall carry out activities under the 
pilot program under this section as if— 
(1) those activities were authorized under chap-
ter 5 of title 23, United States Code; and 
(2) the funds made available to carry out the 
pilot program were made available under that chap-
ter. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$5,000,000 for each of fiscal years 2022 through 2026, to 
remain available until expended.