173 
tify opportunities to enhance the resilience 
of the surface transportation system and 
ensure the efficient use of Federal re-
sources. 
‘‘(ii) CLIMATE
CHANGE
MITIGATION 
AND
IMPACTS.—A long-range transpor-
tation plan shall— 
‘‘(I) identify investments and 
strategies to reduce transportation-re-
lated sources of greenhouse gas emis-
sions per capita; 
‘‘(II) identify investments and 
strategies to manage transportation 
demand and increase the rates of pub-
lic transportation ridership, walking, 
bicycling, and carpools; and 
‘‘(III) recommend zoning and 
other land use policies that would sup-
port infill, transit-oriented develop-
ment, and mixed use development. 
‘‘(iii) VULNERABILITY ASSESSMENT.— 
A long-range transportation plan shall in-
corporate a vulnerability assessment that— 
‘‘(I) includes a risk-based assess-
ment of vulnerabilities of critical 
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174 
transportation assets and systems to 
covered events (as such term is de-
fined in section 124 of title 23); 
‘‘(II) considers, as applicable, the 
risk management analysis in the 
State’s asset management plan devel-
oped pursuant to section 119 of title 
23, and the State’s evaluation of rea-
sonable 
alternatives 
to 
repeatedly 
damaged facilities conducted under 
part 667 of title 23, Code of Federal 
Regulations; 
‘‘(III) at the discretion of the 
metropolitan planning organization, 
identifies evacuation routes, assesses 
the ability of any such routes to pro-
vide safe passage for evacuation, ac-
cess to health care and public health 
facilities, and emergency response 
during an emergency event, and iden-
tifies any improvements or redundant 
facilities necessary to adequately fa-
cilitate safe passage; 
‘‘(IV) describes the metropolitan 
planning 
organization’s 
adaptation 
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175 
and resilience improvement strategies 
that will inform the transportation in-
vestment decisions of the metropolitan 
planning organization; and 
‘‘(V) is consistent with and com-
plementary of the State, Tribal, and 
local mitigation plans required under 
section 322 of the Robert T. Stafford 
Disaster Relief and Emergency Assist-
ance Act (42 U.S.C. 5165). 
‘‘(iv) CONSULTATION.—The assess-
ment described in this subparagraph shall 
be developed in consultation, as appro-
priate, with State, local, and Tribal offi-
cials responsible for land use, housing, re-
silience, hazard mitigation, and emergency 
management.’’. 
(B) 
RESILIENCE
PROJECTS.—Section 
5303(j)(3) of title 49, United States Code, is 
amended by adding at the end the following: 
‘‘(E) RESILIENCE
PROJECTS.—The TIP 
shall— 
‘‘(i) identify any projects that address 
the vulnerabilities identified by the assess-
ment in subsection (i)(2)(I)(iii); and 
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176 
‘‘(ii) describe how each project identi-
fied under clause (i) would improve the re-
silience of the transportation system.’’. 
(d) STATEWIDE
AND
NONMETROPOLITAN
PLAN-
NING.— 
(1) AMENDMENTS TO TITLE 23.— 
(A) CLIMATE CHANGE AND RESILIENCE.— 
Section 135(f) of title 23, United States Code, 
is amended by adding at the end the following: 
‘‘(10) CLIMATE CHANGE AND RESILIENCE.— 
‘‘(A) IN
GENERAL.—The transportation 
planning process shall assess strategies to re-
duce the climate change impacts of the surface 
transportation system and conduct a vulner-
ability assessment to identify opportunities to 
enhance the resilience of the surface transpor-
tation system and ensure the efficient use of 
Federal resources. 
‘‘(B) CLIMATE CHANGE MITIGATION AND 
IMPACTS.—A long-range transportation plan 
shall— 
‘‘(i) identify investments and strate-
gies 
to 
reduce 
transportation-related 
sources of greenhouse gas emissions per 
capita; 
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177 
‘‘(ii) identify investments and strate-
gies to manage transportation demand and 
increase the rates of public transportation 
ridership, walking, bicycling, and carpools; 
and 
‘‘(iii) recommend zoning and other 
land use policies that would support infill, 
transit-oriented development, and mixed 
use development. 
‘‘(C) 
VULNERABILITY
ASSESSMENT.—A 
long-range transportation plan shall incorporate 
a vulnerability assessment that— 
‘‘(i) includes a risk-based assessment 
of vulnerabilities of critical transportation 
assets and systems to covered events (as 
such term is defined in section 124); 
‘‘(ii) considers, as applicable, the risk 
management analysis in the State’s asset 
management plan developed pursuant to 
section 119, and the State’s evaluation of 
reasonable alternatives to repeatedly dam-
aged facilities conducted under part 667 of 
title 23, Code of Federal Regulations; 
‘‘(iii) identifies evacuation routes, as-
sesses the ability of any such routes to pro-
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178 
vide safe passage for evacuation, access to 
health care and public health facilities, and 
emergency response during an emergency 
event, and identifies any improvements or 
redundant facilities necessary to ade-
quately facilitate safe passage; 
‘‘(iv) describes the States’s adaptation 
and resilience improvement strategies that 
will inform the transportation investment 
decisions of the State; and 
‘‘(v) is consistent with and com-
plementary of the State, Tribal, and local 
mitigation plans required under section 
322 of the Robert T. Stafford Disaster Re-
lief and Emergency Assistance Act (42 
U.S.C. 5165). 
‘‘(D) 
CONSULTATION.—The 
assessment 
described in this paragraph shall be developed 
in consultation with, as appropriate, metropoli-
tan planning organizations and State, local, and 
Tribal officials responsible for land use, hous-
ing, resilience, hazard mitigation, and emer-
gency management.’’. 
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179 
(B) 
RESILIENCE
PROJECTS.—Section 
135(g)(5)(B) of title 23, United States Code, is 
amended by adding at the end the following: 
‘‘(iii) RESILIENCE
PROJECTS.—The 
STIP shall— 
‘‘(I) identify projects that ad-
dress the vulnerabilities identified by 
the 
assessment 
in 
subsection 
(i)(10)(B); and 
‘‘(II) describe how each project 
identified under subclause (I) would 
improve the resilience of the transpor-
tation system.’’. 
(2) AMENDMENTS TO TITLE 49.— 
(A) CLIMATE CHANGE AND RESILIENCE.— 
Section 5304(f) of title 49, United States Code, 
is amended by adding at the end the following: 
‘‘(10) CLIMATE CHANGE AND RESILIENCE.— 
‘‘(A) IN
GENERAL.—The transportation 
planning process shall assess strategies to re-
duce the climate change impacts of the surface 
transportation system and conduct a vulner-
ability assessment to identify opportunities to 
enhance the resilience of the surface transpor-
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180 
tation system and ensure the efficient use of 
Federal resources. 
‘‘(B) CLIMATE CHANGE MITIGATION AND 
IMPACTS.—A long-range transportation plan 
shall— 
‘‘(i) identify investments and strate-
gies 
to 
reduce 
transportation-related 
sources of greenhouse gas emissions per 
capita; 
‘‘(ii) identify investments and strate-
gies to manage transportation demand and 
increase the rates of public transportation 
ridership, walking, bicycling, and carpools; 
and 
‘‘(iii) recommend zoning and other 
land use policies that would support infill, 
transit-oriented development, and mixed 
use development. 
‘‘(C) 
VULNERABILITY
ASSESSMENT.—A 
long-range transportation plan shall incorporate 
a vulnerability assessment that— 
‘‘(i) includes a risk-based assessment 
of vulnerabilities of critical transportation 
assets and systems to covered events (as 
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181 
such term is defined in section 124 of title 
23); 
‘‘(ii) considers, as applicable, the risk 
management analysis in the State’s asset 
management plan developed pursuant to 
section 119 of title 23, and the State’s 
evaluation of reasonable alternatives to re-
peatedly 
damaged 
facilities 
conducted 
under part 667 of title 23, Code of Federal 
Regulations; 
‘‘(iii) identifies evacuation routes, as-
sesses the ability of any such routes to pro-
vide safe passage for evacuation, access to 
health care and public health facilities, and 
emergency response during an emergency 
event, and identifies any improvements or 
redundant facilities necessary to ade-
quately facilitate safe passage; 
‘‘(iv) describes the State’s adaptation 
and resilience improvement strategies that 
will inform the transportation investment 
decisions of the State; and 
‘‘(v) is consistent with and com-
plementary of the State, Tribal, and local 
mitigation plans required under section 
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182 
322 of the Robert T. Stafford Disaster Re-
lief and Emergency Assistance Act (42 
U.S.C. 5165). 
‘‘(D) 
CONSULTATION.—The 
assessment 
described in this paragraph shall be developed 
in consultation with, as appropriate, metropoli-
tan planning organizations and State, local, and 
Tribal officials responsible for land use, hous-
ing, resilience, hazard mitigation, and emer-
gency management.’’. 
(B) 
RESILIENCE
PROJECTS.—Section 
5304(g)(5)(B) of title 49, United States Code, 
is amended by adding at the end the following: 
‘‘(iii) RESILIENCE
PROJECTS.—The 
STIP shall— 
‘‘(I) identify projects that ad-
dress the vulnerabilities identified by 
the 
assessment 
in 
subsection 
(i)(10)(B); and 
‘‘(II) describe how each project 
identified under subclause (I) would 
improve the resilience of the transpor-
tation system.’’. 
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183 
SEC. 1203. EMERGENCY RELIEF. 
(a) IN GENERAL.—Section 125 of title 23, United 
States Code, is amended— 
(1) in subsection (a)(1) by inserting ‘‘wildfire,’’ 
after ‘‘severe storm,’’; 
(2) by striking subsection (b); 
(3) in subsection (c)(2)(A) by striking ‘‘in any 
1 fiscal year commencing after September 30, 
1980,’’ and inserting ‘‘in any fiscal year’’; 
(4) in subsection (d)— 
(A) in paragraph (3)(C) by striking ‘‘(as 
defined in subsection (e)(1))’’; 
(B) by redesignating paragraph (3) as 
paragraph (4); and 
(C) by striking paragraphs (1) and (2) and 
inserting the following: 
‘‘(1) IN GENERAL.—The Secretary may expend 
funds from the emergency fund authorized by this 
section only for the repair or reconstruction of high-
ways on Federal-aid highways in accordance with 
this chapter. 
‘‘(2) RESTRICTIONS.— 
‘‘(A) IN GENERAL.—No funds shall be ex-
pended from the emergency fund authorized by 
this section unless— 
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184 
‘‘(i) an emergency has been declared 
by the Governor of the State with concur-
rence by the Secretary, unless the Presi-
dent has declared the emergency to be a 
major disaster for the purposes of the Rob-
ert T. Stafford Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 5121 et 
seq.) for which concurrence of the Sec-
retary is not required; and 
‘‘(ii) the Secretary has received an ap-
plication from the State transportation de-
partment that includes a comprehensive 
list of all eligible project sites and repair 
costs by not later than 2 years after the 
natural disaster or catastrophic failure. 
‘‘(B) COST LIMITATION.—The total cost of 
a project funded under this section may not ex-
ceed the cost of repair or reconstruction of a 
comparable facility unless the Secretary deter-
mines that the project incorporates economi-
cally justified betterments, including protective 
features to increase the resilience of the facility. 
‘‘(C) 
REPEATEDLY
DAMAGED
FACILI-
TIES.—An application submitted under this sec-
tion for the permanent repair or reconstruction 
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185 
of a repeatedly damaged facility shall include 
consideration and, if feasible, incorporation of 
economically justifiable betterments, including 
protective features, to increase the resilience of 
such facility. 
‘‘(3) SPECIAL RULE FOR BRIDGE PROJECTS.— 
In no case shall funds be used under this section for 
the repair or reconstruction of a bridge— 
‘‘(A) that has been permanently closed to 
all vehicular traffic by the State or responsible 
local official because of imminent danger of col-
lapse due to a structural deficiency or physical 
deterioration; or 
‘‘(B) if a construction phase of a replace-
ment structure is included in the approved 
statewide transportation improvement program 
at the time of an event described in subsection 
(a).’’; 
(5) in subsection (e)— 
(A) by striking paragraph (1); 
(B) in paragraph (2) by striking ‘‘sub-
section 
(d)(1)’’ 
and 
inserting 
‘‘subsection 
(c)(1)’’; and 
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(C) by redesignating paragraphs (2) and 
(3), as amended, as paragraphs (1) and (2), re-
spectively; 
(6) by redesignating subsections (c) through 
(g), as amended, as subsections (b) through (f), re-
spectively; and 
(7) by adding at the end the following: 
‘‘(g) IMPOSITION OF DEADLINE.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law, the Secretary may not require any 
project funded under this section to advance to the 
construction obligation stage before the date that is 
the last day of the sixth fiscal year after the later 
of— 
‘‘(A) the date on which the Governor de-
clared the emergency, as described in subsection 
(c)(2)(A)(i); or 
‘‘(B) the date on which the President de-
clared the emergency to be a major disaster, as 
described in such subsection. 
‘‘(2) EXTENSION OF DEADLINE.—If the Sec-
retary imposes a deadline for advancement to the 
construction obligation stage pursuant to paragraph 
(1), the Secretary may, upon the request of the Gov-
ernor of the State, issue an extension of not more 
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187 
than 1 year to complete such advancement, and may 
issue additional extensions after the expiration of 
any extension, if the Secretary determines the Gov-
ernor of the State has provided suitable justification 
to warrant such an extension. 
‘‘(h) HAZARD MITIGATION PILOT PROGRAM.— 
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish a hazard mitigation pilot program for the pur-
pose of mitigating future hazards posed to Federal- 
aid highways, Federal lands transportation facilities, 
and Tribal transportation facilities. 
‘‘(2) ALLOCATION OF FUNDS.— 
‘‘(A) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There is authorized to be appropriated 
such sums as may be necessary for the pilot 
program established under this subsection. 
‘‘(B) CALCULATION.—Annually, the Sec-
retary shall calculate the total amount of out-
standing eligible repair costs under the emer-
gency relief program under this section, includ-
ing the emergency relief backlog, for each 
State, territory, and Indian Tribe. 
‘‘(C) ALLOCATION.—Any amounts made 
available under this subsection shall be distrib-
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uted to each State, territory, or Indian Tribe 
based on— 
‘‘(i) the ratio that the total amount of 
outstanding eligible repair costs for such 
State, territory, or Indian Tribe, as de-
scribed under subparagraph (B); bears to 
‘‘(ii) the total amount of outstanding 
eligible repair costs for all States, terri-
tories, and Indian Tribes, as described 
under subparagraph (B). 
‘‘(D) LIMITATION.—The allocation to a 
State, territory, or Indian Tribe described 
under subparagraph (C) shall not exceed 5 per-
cent of the total amount of outstanding eligible 
repair costs under the emergency relief program 
for such State, territory, or Indian Tribe, as de-
scribed in subparagraph (B). 
‘‘(3) ELIGIBLE
ACTIVITIES.—Amounts made 
available under this subsection shall be used for pro-
tective features or other hazard mitigation activities 
that— 
‘‘(A) the Secretary determines are cost ef-
fective and that reduce the risk of, or increase 
the resilience to, future damage to existing as-
sets as a result of natural disasters; and 
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‘‘(B) are eligible under section 124. 
‘‘(4) REPORT.—For each fiscal year in which 
funding is made available for the program under this 
subsection, the Secretary shall submit to the Com-
mittee on Transportation and Infrastructure of the 
House of Representatives and the Committee on En-
vironment and Public Works of the Senate a report 
detailing— 
‘‘(A) a description of the activities carried 
out under the pilot program; 
‘‘(B) an evaluation of the effectiveness of 
the pilot program in meeting purposes described 
in paragraph (1); and 
‘‘(C) policy recommendations to improve 
the effectiveness of the pilot program. 
‘‘(5) SUNSET.—The authority provided under 
this subsection shall terminate on October 1, 2025. 
‘‘(i) IMPROVING
THE EMERGENCY RELIEF PRO-
GRAM.—Not later than 1 year after the date of enactment 
of the INVEST in America Act, the Secretary shall— 
‘‘(1) revise the emergency relief manual of the 
Federal Highway Administration— 
‘‘(A) to include and reflect the definition of 
the term ‘resilience’ (as defined in section 
101(a)); 
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190 
‘‘(B) to identify procedures that States 
may use to incorporate resilience into emer-
gency relief projects; and 
‘‘(C) to consider economically justified bet-
terments in emergency relief projects, such as— 
‘‘(i) protective features that increase 
the resilience of the facility; and 
‘‘(ii) incorporation of context sensitive 
design principles and other planned better-
ments that improve the safety of the facil-
ity; 
‘‘(2) consider transportation system access for 
moderate and low-income families impacted by a 
major disaster or emergency declared by the Presi-
dent under section 401 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5170); 
‘‘(3) develop best practices for improving the 
use of resilience in— 
‘‘(A) the emergency relief program under 
this section; and 
‘‘(B) emergency relief efforts; 
‘‘(4) provide to division offices of the Federal 
Highway Administration and State departments of 
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191 
transportation information on the best practices de-
veloped under paragraph (2); and 
‘‘(5) develop and implement a process to 
track— 
‘‘(A) the consideration of resilience as part 
of the emergency relief program under this sec-
tion; and 
‘‘(B) the costs of emergency relief projects. 
‘‘(j) DEFINITIONS.—In this section: 
‘‘(1) COMPARABLE FACILITY.—The term ‘com-
parable facility’ means a facility that meets the cur-
rent geometric and construction standards required 
for the types and volume of traffic that the facility 
will carry over its design life. 
‘‘(2) CONSTRUCTION PHASE.—The term ‘con-
struction phase’ means the phase of physical con-
struction of a highway or bridge facility that is sepa-
rate from any other identified phases, such as plan-
ning, design, or right-of-way phases, in the State 
transportation improvement program. 
‘‘(3) OPEN
TO
PUBLIC
TRAVEL.—The term 
‘open to public travel’ means with respect to a road, 
that, except during scheduled periods, extreme 
weather conditions, or emergencies, the road— 
‘‘(A) is maintained; 
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‘‘(B) is open to the general public; and 
‘‘(C) can accommodate travel by a stand-
ard passenger vehicle, without restrictive gates 
or prohibitive signs or regulations, other than 
for general traffic control or restrictions based 
on size, weight, or class of registration. 
‘‘(4) STANDARD
PASSENGER
VEHICLE.—The 
term ‘standard passenger vehicle’ means a vehicle 
with 6 inches of clearance from the lowest point of 
the frame, body, suspension, or differential to the 
ground.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) FEDERAL LANDS AND TRIBAL TRANSPOR-
TATION
PROGRAMS.—Section 201(c)(8)(A) of title 
23, United States Code, is amended by striking 
‘‘section 125(e)’’ and inserting ‘‘section 125(j)’’. 
(2) TRIBAL TRANSPORTATION PROGRAM.—Sec-
tion 202(b)(6)(A) of title 23, United States Code, is 
amended by striking ‘‘section 125(e)’’ and inserting 
‘‘section 125(d)’’. 
(c) REPEAL.—Section 668.105(h) of title 23, Code 
of Federal Regulations, is repealed. 
SEC. 1204. RAILWAY CROSSINGS. 
(a) IN GENERAL.—Section 130 of title 23, United 
States Code, is amended— 
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(1) in the section heading by striking ‘‘Rail-
way-highway crossings’’ and inserting ‘‘Rail-
way crossings’’; 
(2) in subsection (a)— 
(A) by striking ‘‘Subject to section 120 
and subsection (b) of this section, the entire’’ 
and inserting ‘‘IN GENERAL.—The’’; 
(B) by striking ‘‘then the entire’’ and in-
serting ‘‘the’’; and 
(C) by striking ‘‘, subject to section 120 
and subsection (b) of this section,’’; 
(3) by amending subsection (b) to read as fol-
lows: 
‘‘(b) CLASSIFICATION.— 
‘‘(1) 
IN
GENERAL.—The 
construction 
of 
projects for the elimination of hazards at railway 
crossings represents a benefit to the railroad. The 
Secretary shall classify the various types of projects 
involved in the elimination of hazards of railway- 
highway crossings, and shall set for each such classi-
fication a percentage of the total project cost that 
represent the benefit to the railroad or railroads for 
the purpose of determining the railroad’s share of 
the total project cost. The Secretary shall determine 
the appropriate classification of each project. 
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‘‘(2) NONCASH CONTRIBUTIONS.— 
‘‘(A) IN GENERAL.—Not more than 5 per-
cent of the cost share described in paragraph 
(1) may be attributable to noncash contribu-
tions of materials and labor furnished by the 
railroad in connection with the construction of 
such project. 
‘‘(B) REQUIREMENT.—The requirements 
under section 200.306 and 200.403(g) of title 
2, Code of Federal Regulations (or successor 
regulations), shall apply to any noncash con-
tributions under this subsection. 
‘‘(3) TOTAL PROJECT COST.—For the purposes 
of this subsection, the determination of the rail-
road’s share of the total project cost shall include 
environment, design, right-of-way, utility accommo-
dation, and construction phases of the project.’’; 
(4) in subsection (c)— 
(A) by striking ‘‘Any railroad involved’’ 
and inserting ‘‘BENEFIT.—Any railroad in-
volved’’; 
(B) by striking ‘‘the net benefit’’ and in-
serting ‘‘the cost associated with the benefit’’; 
and 
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(C) by striking ‘‘Such payment may con-
sist in whole or in part of materials and labor 
furnished by the railroad in connection with the 
construction of such project.’’; 
(5) by striking subsection (e) and inserting the 
following: 
‘‘(e) RAILWAY CROSSINGS.— 
‘‘(1) ELIGIBLE
ACTIVITIES.—Funds appor-
tioned to a State under section 104(b)(7) may be ob-
ligated for the following: 
‘‘(A) The elimination of hazards at rail-
way-highway crossings, including technology or 
protective upgrades. 
‘‘(B) Construction or installation of protec-
tive devices (including replacement of function-
ally obsolete protective devices) at railway-high-
way crossings. 
‘‘(C) Infrastructure and noninfrastructure 
projects and strategies to prevent or reduce sui-
cide or trespasser fatalities and injuries along 
railroad rights-of-way and at or near railway- 
highway crossings. 
‘‘(D) Projects to mitigate any degradation 
in the level of access from a highway-grade 
crossing closure. 
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‘‘(E) Bicycle and pedestrian railway grade 
crossing improvements, including underpasses 
and overpasses. 
‘‘(F) 
Projects 
eligible 
under 
section 
22907(c)(5) of title 49, provided that amounts 
obligated under this subparagraph— 
‘‘(i) shall be administered by the Sec-
retary in accordance with such section as 
if such amounts were made available to 
carry out such section; and 
‘‘(ii) may be used to pay up to 90 per-
cent of the non-Federal share of the cost 
of a project carried out under such section. 
‘‘(2) SPECIAL RULE.—If a State demonstrates 
to the satisfaction of the Secretary that the State 
has met all its needs for installation of protective de-
vices at railway-highway crossings, the State may 
use funds made available by this section for other 
highway safety improvement program purposes.’’; 
(6) by striking subsection (f) and inserting the 
following: 
‘‘(f) FEDERAL
SHARE.—Notwithstanding section 
120, the Federal share payable on account of any project 
financed with funds made available to carry out subsection 
(e) shall be up to 90 percent of the cost thereof.’’; 
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(7) by striking subsection (g) and inserting the 
following: 
‘‘(g) REPORT.— 
‘‘(1) STATE REPORT.— 
‘‘(A) IN GENERAL.—Not later than 2 years 
after the date of enactment of the INVEST in 
America Act, and at least biennially thereafter, 
each State shall submit to the Secretary a re-
port on the progress being made to implement 
the railway crossings program authorized by 
this section and the effectiveness of projects to 
improve railway crossing safety. 
‘‘(B) 
CONTENTS.—Each 
State 
report 
under subparagraph (A) shall contain an as-
sessment of the costs of the various treatments 
employed and subsequent accident experience at 
improved locations. 
‘‘(2) DEPARTMENTAL REPORT.— 
‘‘(A) IN
GENERAL.—Not later than 180 
days after the deadline for the submission of a 
report under paragraph (1)(A), the Secretary 
shall publish on the website of the Department 
of Transportation a report on the progress 
being made by the State in implementing 
projects to improve railway crossings. 
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‘‘(B) CONTENTS.—The report under sub-
paragraph (A) shall include— 
‘‘(i) the number of projects under-
taken; 
‘‘(ii) distribution of such projects by 
cost range, road system, nature of treat-
ment, and subsequent accident experience 
at improved locations; 
‘‘(iii) an analysis and evaluation of 
each State program; 
‘‘(iv) the identification of any State 
found not to be in compliance with the 
schedule of improvements required by sub-
section (d); and 
‘‘(v) recommendations for future im-
plementation of the railway crossings pro-
gram.’’; 
(8) in subsection (j)— 
(A) in the heading by inserting ‘‘AND PE-
DESTRIAN’’ after ‘‘BICYCLE’’; and 
(B) by inserting ‘‘and pedestrian’’ after 
‘‘bicycle’’; and 
(9) in subsection (l)— 
(A) in paragraph (1) by striking ‘‘Not 
later than’’ and all that follows through ‘‘each 
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199 
State’’ and inserting ‘‘Not later than 6 months 
after a new railway crossing becomes oper-
ational, each State’’; and 
(B) in paragraph (2) by striking ‘‘On a 
periodic’’ and all that follows through ‘‘every 
year thereafter’’ and inserting ‘‘On or before 
September 30 of each year’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 1 of title 23, United States Code, is amended by 
amending the item relating to section 130 to read as fol-
lows: 
‘‘130. Railway crossings.’’. 
(c) GAO STUDY.—Not later than 2 years after the 
date of enactment of this Act, the Comptroller General 
of the United States shall submit to Congress a report 
that includes an analysis of the effectiveness of the railway 
crossing program under section 130 of title 23, United 
States Code. 
(d) SENSE OF CONGRESS RELATING TO TRESPASSER 
DEATHS ALONG RAILROAD RIGHTS-OF-WAY.—It is the 
sense of Congress that the Department of Transportation 
should, where feasible, coordinate departmental efforts to 
prevent or reduce trespasser deaths along railroad rights- 
of-way and at or near railway-highway crossings. 
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200 
SEC. 1205. SURFACE TRANSPORTATION PROGRAM. 
(a) IN GENERAL.—Section 133 of title 23, United 
States Code, is amended— 
(1) in the heading by striking ‘‘block grant’’; 
(2) in subsection (a) by striking ‘‘block grant’’; 
(3) in subsection (b)— 
(A) by striking ‘‘block grant’’; 
(B) in paragraph (4) by striking ‘‘railway- 
highway 
grade 
crossings’’ 
and 
inserting 
‘‘projects eligible under section 130 and instal-
lation of safety barriers and nets on bridges’’; 
(C) in paragraph (6)— 
(i) by striking ‘‘Recreational’’ and in-
serting 
‘‘Transportation 
alternatives 
projects eligible under subsection (h), rec-
reational’’; and 
(ii) by striking ‘‘1404 of SAFETEA– 
LU (23 U.S.C. 402 note)’’ and inserting 
‘‘211’’; 
(D) in paragraph (12) by striking ‘‘travel’’ 
and inserting ‘‘transportation’’; and 
(E) by adding at the end the following: 
‘‘(16) Protective features (including natural in-
frastructure and vegetation control and clearance) to 
enhance the resilience of a transportation facility 
otherwise eligible for assistance under this section. 
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201 
‘‘(17) Projects to reduce greenhouse gas emis-
sions eligible under section 171, including the instal-
lation of electric vehicle charging infrastructure. 
‘‘(18) Projects and strategies to reduce vehicle- 
caused wildlife mortality related to, or to restore and 
maintain connectivity among terrestrial or aquatic 
habitats affected by, a transportation facility other-
wise eligible for assistance under this section. 
‘‘(19) A surface transportation project carried 
out in accordance with the national travel and tour-
ism infrastructure strategic plan under section 
1431(e) of the FAST Act (49 U.S.C. 301 note). 
‘‘(20) roads in rural areas that primarily serve 
to transport agricultural products from a farm or 
ranch to a marketplace. 
‘‘(21) The removal, retrofit, repurposing, reme-
diation, or replacement of a highway or other trans-
portation facility that creates a barrier to commu-
nity connectivity to improve access for multiple 
modes of transportation.’’; 
(4) in subsection (c)— 
(A) by striking ‘‘block grant’’ and inserting 
‘‘program’’; 
(B) by striking paragraph (3) and insert-
ing the following: 
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‘‘(3) for a project described in— 
‘‘(A) subsection (h); or 
‘‘(B) section 101(a)(29), as in effect on 
the day before the date of enactment of the 
FAST Act;’’; 
(C) by redesignating paragraph (4) as 
paragraph (5); and 
(D) by inserting after paragraph (3) the 
following: 
‘‘(4) for a project described in section 5308 of 
title 49; and’’; 
(5) in subsection (d)— 
(A) in paragraph (1)— 
(i) by inserting ‘‘each fiscal year’’ 
after ‘‘apportioned to a State’’; 
(ii) by striking ‘‘the reservation of’’ 
and inserting ‘‘setting aside’’; and 
(iii) in subparagraph (A)— 
(I) by striking ‘‘the percentage 
specified in paragraph (6) for a fiscal 
year’’ and inserting ‘‘57 percent for 
fiscal year 2023, 58 percent for fiscal 
year 2024, 59 percent for fiscal year 
2025, and 60 percent for fiscal year 
2026’’; 
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203 
(II) in clause (i) by striking ‘‘of 
over’’ and inserting ‘‘greater than’’; 
and 
(III) by striking clauses (ii) and 
(iii) and inserting the following: 
‘‘(ii) in urbanized areas of the State 
with an urbanized area population greater 
than 49,999 and less than 200,001; 
‘‘(iii) in urban areas of the State with 
a population greater than 4,999 and less 
than 50,000; and 
‘‘(iv) in other areas of the State with 
a population less than 5,000; and’’; 
(B) by striking paragraph (3) and insert-
ing the following: 
‘‘(3) LOCAL
COORDINATION
AND
CONSULTA-
TION.— 
‘‘(A) COORDINATION WITH METROPOLITAN 
PLANNING
ORGANIZATIONS.—For purposes of 
paragraph (1)(A)(ii), a State shall— 
‘‘(i) establish a process to coordinate 
with all metropolitan planning organiza-
tions in the State that represent an urban-
ized area described in such paragraph; and 
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204 
‘‘(ii) describe how funds described 
under paragraph (1)(A)(ii) will be allo-
cated equitably among such urbanized 
areas during the period of fiscal years 
2023 through 2026. 
‘‘(B) JOINT RESPONSIBILITY.—Each State 
and the Secretary shall jointly ensure compli-
ance with subparagraph (A). 
‘‘(C) 
CONSULTATION
WITH
REGIONAL 
TRANSPORTATION
PLANNING
ORGANIZA-
TIONS.—For purposes of clauses (iii) and (iv) 
of paragraph (1)(A), before obligating funding 
attributed to an area with a population less 
than 50,000, a State shall consult with the re-
gional transportation planning organizations 
that represent the area, if any.’’; 
(C) in the heading for paragraph (4) by 
striking ‘‘OVER 200,000’’ and inserting ‘‘GREAT-
ER THAN 200,000’’; 
(D) by striking paragraph (6) and insert-
ing the following: 
‘‘(6) TECHNICAL ASSISTANCE.— 
‘‘(A) IN
GENERAL.—The State and all 
metropolitan planning organizations in the 
State that represent an urbanized area with a 
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205 
population of greater than 200,000 may jointly 
establish a program to improve the ability of 
applicants to deliver projects under this sub-
section in an efficient and expeditious manner 
and reduce the period of time between the selec-
tion of the project and the obligation of funds 
for the project by providing— 
‘‘(i) technical assistance and training 
to applicants for projects under this sub-
section; and 
‘‘(ii) funding for one or more full-time 
State, regional, or local government em-
ployee positions to administer this sub-
section. 
‘‘(B) ELIGIBLE FUNDS.—To carry out this 
paragraph, a State or metropolitan planning or-
ganization may use funds made available under 
paragraphs (2) or (6) of section 104(b) 
‘‘(C) USE
OF
FUNDS.—Amounts used 
under this paragraph may be expended— 
‘‘(i) directly by the State or metropoli-
tan planning organization; or 
‘‘(ii) through contracts with State 
agencies, private entities, or nonprofit or-
ganizations.’’; 
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(6) in subsection (e)— 
(A) in paragraph (1)— 
(i) by striking ‘‘over 200,000’’ and in-
serting ‘‘greater than 200,000’’; and 
(ii) by striking ‘‘2016 through 2020’’ 
and inserting ‘‘2023 through 2026’’; and 
(B) by adding at the end the following: 
‘‘(3) ANNUAL AMOUNTS.—To the extent prac-
ticable, each State shall annually notify each af-
fected metropolitan planning organization as to the 
amount of obligation authority that will be made 
available under paragraph (1) to each affected met-
ropolitan planning organization for the fiscal year.’’; 
(7) by striking subsection (f) and inserting the 
following: 
‘‘(f) BRIDGES NOT ON FEDERAL-AID HIGHWAYS.— 
‘‘(1) DEFINITION OF OFF-SYSTEM BRIDGE.—In 
this subsection, the term ‘off-system bridge’ means 
a bridge located on a public road, other than a 
bridge on a Federal-aid highway. 
‘‘(2) SPECIAL RULE.— 
‘‘(A) SET ASIDE.—Of the amounts appor-
tioned to a State for each fiscal year under this 
section other than the amounts described in 
subparagraph (C), the State shall obligate for 
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207 
activities described in subsection (b)(2) (as in 
effect on the day before the date of enactment 
of the FAST Act) for off-system bridges an 
amount that is not less than 20 percent of the 
amounts available to such State under this sec-
tion in fiscal year 2020, not including the 
amounts described in subparagraph (C). 
‘‘(B) REDUCTION
OF
EXPENDITURES.— 
The Secretary, after consultation with State 
and local officials, may reduce the requirement 
for expenditures for off-system bridges under 
subparagraph (A) with respect to the State if 
the Secretary determines that the State has in-
adequate needs to justify the expenditure. 
‘‘(C) 
LIMITATIONS.—The 
following 
amounts shall not be used for the purposes of 
meeting the requirements of subparagraph (A): 
‘‘(i) Amounts described in section 
133(d)(1)(A). 
‘‘(ii) Amounts set aside under section 
133(h). 
‘‘(iii) Amounts described in section 
505(a). 
‘‘(3) CREDIT FOR BRIDGES NOT ON FEDERAL- 
AID HIGHWAYS.—Notwithstanding any other provi-
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208 
sion of law, with respect to any project not on a 
Federal-aid highway for the replacement of a bridge 
or rehabilitation of a bridge that is wholly funded 
from State and local sources, is eligible for Federal 
funds under this section, is certified by the State to 
have been carried out in accordance with all stand-
ards applicable to such projects under this section, 
and is determined by the Secretary upon completion 
to be no longer a deficient bridge— 
‘‘(A) any amount expended after the date 
of enactment of this subsection from State and 
local sources for the project in excess of 20 per-
cent of the cost of construction of the project 
may be credited to the non-Federal share of the 
cost of other bridge projects in the State that 
are eligible for Federal funds under this sec-
tion; and 
‘‘(B) that crediting shall be conducted in 
accordance with procedures established by the 
Secretary.’’; and 
(8) in subsection (g)— 
(A) in the heading by striking ‘‘5,000’’ and 
inserting ‘‘50,000’’; and 
(B) in paragraph (1) by striking ‘‘sub-
section (d)(1)(A)(ii)’’ and all that follows 
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209 
through the period at the end and inserting 
‘‘clauses (iii) and (iv) of subsection (d)(1)(A) 
for each fiscal year may be obligated on roads 
functionally classified as rural minor collectors 
or local roads or on critical rural freight cor-
ridors designated under section 167(e).’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 1 of title 23, United States Code, is amended by strik-
ing the item relating to section 133 and inserting the fol-
lowing: 
‘‘133. Surface transportation program.’’. 
(c) CONFORMING AMENDMENTS.— 
(1) ADVANCE
ACQUISITION
OF
REAL
PROP-
ERTY.—Section 108(c) of title 23, United States 
Code, is amended— 
(A) in paragraph (2)(A) by striking ‘‘block 
grant’’; and 
(B) in paragraph (3) by striking ‘‘block 
grant’’. 
(2) 
PUBLIC
TRANSPORTATION.—Section 
142(e)(2) of title 23, United States Code, is amend-
ed by striking ‘‘block grant’’. 
(3) HIGHWAY USE TAX EVASION PROJECTS.— 
Section 143(b)(8) of title 23, United States Code, is 
amended in the heading by striking ‘‘BLOCK 
GRANT’’. 
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210 
(4) CONGESTION MITIGATION AND AIR QUALITY 
IMPROVEMENT
PROGRAM.—Section 149(d) of title 
23, United States Code, is amended— 
(A) in paragraph (1)(B) by striking ‘‘block 
grant’’; and 
(B) in paragraph (2)(A) by striking ‘‘block 
grant’’. 
(5) TERRITORIAL AND PUERTO RICO HIGHWAY 
PROGRAM.—Section 165 of title 23, United States 
Code, is amended— 
(A) in subsection (b)(2)(A)(ii) by striking 
‘‘block grant’’ each time such term appears; 
and 
(B) in subsection (c)(6)(A)(i) by striking 
‘‘block grant’’. 
(6) MAGNETIC
LEVITATION
TRANSPORTATION 
TECHNOLOGY
DEPLOYMENT
PROGRAM.—Section 
322(h)(3) of title 23, United States Code, is amend-
ed by striking ‘‘block grant’’. 
(7) 
TRAINING
AND
EDUCATION.—Section 
504(a)(4) of title 23, United States Code, is amend-
ed by striking ‘‘block grant’’. 
SEC. 1206. TRANSPORTATION ALTERNATIVES PROGRAM. 
Section 133(h) of title 23, United States Code, is 
amended to read as follows: 
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‘‘(h) TRANSPORTATION
ALTERNATIVES
PROGRAM 
SET-ASIDE.— 
‘‘(1) SET ASIDE.—For each fiscal year, of the 
total funds apportioned to all States under section 
104(b)(2) for a fiscal year, the Secretary shall set 
aside an amount such that— 
‘‘(A) the Secretary sets aside a total 
amount under this subsection for a fiscal year 
equal to 10 percent of such total funds; and 
‘‘(B) the State’s share of the amount set 
aside under subparagraph (A) is determined by 
multiplying the amount set aside under sub-
paragraph (A) by the ratio that— 
‘‘(i) the amount apportioned to the 
State for the transportation enhancement 
program for fiscal year 2009 under section 
133(d)(2), as in effect on the day before 
the date of enactment of MAP–21; bears 
to 
‘‘(ii) the total amount of funds appor-
tioned to all States for the transportation 
enhancements program for fiscal year 
2009. 
‘‘(2) ALLOCATION WITHIN A STATE.— 
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‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), funds set aside for a State 
under paragraph (1) shall be obligated within 
that State in the manner described in sub-
sections (d) and (e), except that, for purposes 
of this paragraph (after funds are made avail-
able under paragraph (5))— 
‘‘(i) for each fiscal year, the percent-
age referred to in paragraph (1)(A) of sub-
section (d) shall be deemed to be 66 per-
cent; and 
‘‘(ii) paragraph (3) of subsection (d) 
shall not apply. 
‘‘(B) LOCAL CONTROL.— 
‘‘(i) IN GENERAL.—A State may make 
available up to 100 percent of the funds 
set aside under paragraph (1) to the enti-
ties described in subclause (I) if the State 
submits to the Secretary, and the Sec-
retary approves, a plan that describes— 
‘‘(I) how such funds shall be 
made available to metropolitan plan-
ning organizations, regional transpor-
tation planning organizations, coun-
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213 
ties, or other regional transportation 
authorities; 
‘‘(II) how the entities described 
in subclause (I) shall select projects 
for funding and how such entities 
shall report selected projects to the 
State; 
‘‘(III) the legal, financial, and 
technical capacity of such entities; and 
‘‘(IV) the procedures in place to 
ensure such entities comply with the 
requirements of this title. 
‘‘(ii) REQUIREMENT.—A State that 
makes funding available under a plan ap-
proved under this subparagraph shall make 
available an equivalent amount of obliga-
tion authority to an entity described in 
clause (i)(I) to whom funds are made 
available under this subparagraph. 
‘‘(3) ELIGIBLE
PROJECTS.—Funds set aside 
under this subsection may be obligated for any of 
the following projects or activities: 
‘‘(A) Construction, planning, and design of 
on-road and off-road trail facilities for pedes-
trians, bicyclists, and other nonmotorized forms 
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of transportation, including sidewalks, bicycle 
infrastructure, pedestrian and bicycle signals, 
traffic calming techniques, lighting and other 
safety-related infrastructure, and transportation 
projects to achieve compliance with the Ameri-
cans with Disabilities Act of 1990 (42 U.S.C. 
12101 et seq.). 
‘‘(B) Construction, planning, and design of 
infrastructure-related projects and systems that 
will provide safe routes for nondrivers, includ-
ing children, older adults, and individuals with 
disabilities to access daily needs. 
‘‘(C) Conversion and use of abandoned 
railroad corridors for trails for pedestrians, 
bicyclists, or other nonmotorized transportation 
users. 
‘‘(D) Construction of turnouts, overlooks, 
and viewing areas. 
‘‘(E) Community improvement activities, 
including— 
‘‘(i) inventory, control, or removal of 
outdoor advertising; 
‘‘(ii) historic preservation and reha-
bilitation of historic transportation facili-
ties; 
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‘‘(iii) vegetation management prac-
tices in transportation rights-of-way to im-
prove roadway safety, prevent against 
invasive species, facilitate wildfire control, 
and provide erosion control; and 
‘‘(iv) archaeological activities relating 
to impacts from implementation of a trans-
portation project eligible under this title. 
‘‘(F) Any environmental mitigation activ-
ity, including pollution prevention and pollution 
abatement activities and mitigation to address 
stormwater management, control, and water 
pollution prevention or abatement related to 
highway construction or due to highway runoff, 
including activities described in sections 328(a) 
and 329. 
‘‘(G) Projects and strategies to reduce ve-
hicle-caused wildlife mortality related to, or to 
restore and maintain connectivity among terres-
trial or aquatic habitats affected by, a transpor-
tation facility otherwise eligible for assistance 
under this subsection. 
‘‘(H) The recreational trails program 
under section 206. 
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216 
‘‘(I) The safe routes to school program 
under section 211. 
‘‘(J) Activities in furtherance of a vulner-
able road user assessment described in section 
148. 
‘‘(K) Any other projects or activities de-
scribed in section 101(a)(29) or section 213, as 
such sections were in effect on the day before 
the date of enactment of the FAST Act (Public 
Law 114–94). 
‘‘(4) ACCESS TO FUNDS.— 
‘‘(A) IN GENERAL.—A State, metropolitan 
planning organization required to obligate funds 
in accordance with paragraph (2)(A), or an en-
tity required to obligate funds in accordance 
with paragraph (2)(B) shall develop a competi-
tive process to allow eligible entities to submit 
projects for funding that achieve the objectives 
of this subsection. A metropolitan planning or-
ganization for an area described in subsection 
(d)(1)(A)(i) shall select projects under such 
process in consultation with the relevant State. 
‘‘(B) PRIORITY.—The processes described 
in subparagraph (A) shall prioritize project lo-
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cation and impact in low-income, transit-de-
pendent, or other high-need areas. 
‘‘(C) ELIGIBLE ENTITY DEFINED.—In this 
paragraph, the term ‘eligible entity’ means— 
‘‘(i) a local government, including a 
county or multi-county special district; 
‘‘(ii) a regional transportation author-
ity; 
‘‘(iii) a transit agency; 
‘‘(iv) a natural resource or public land 
agency; 
‘‘(v) a school district, local education 
agency, or school; 
‘‘(vi) a tribal government; 
‘‘(vii) a metropolitan planning organi-
zation that serves an urbanized area with 
a population of 200,000 or fewer; 
‘‘(viii) a nonprofit organization car-
rying out activities related to transpor-
tation; 
‘‘(ix) any other local or regional gov-
ernmental entity with responsibility for or 
oversight of transportation or recreational 
trails (other than a metropolitan planning 
organization that serves an urbanized area 
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with a population of over 200,000 or a 
State agency) that the State determines to 
be eligible, consistent with the goals of this 
subsection; and 
‘‘(x) a State, at the request of any en-
tity listed in clauses (i) through (ix). 
‘‘(5) 
CONTINUATION
OF
CERTAIN
REC-
REATIONAL TRAILS PROJECTS.— 
‘‘(A) IN GENERAL.—For each fiscal year, a 
State shall— 
‘‘(i) obligate an amount of funds set 
aside under this subsection equal to 175 
percent of the amount of the funds appor-
tioned to the State for fiscal year 2009 
under section 104(h)(2), as in effect on the 
day before the date of enactment of MAP– 
21, for projects relating to recreational 
trails under section 206; 
‘‘(ii) return 1 percent of the funds de-
scribed in clause (i) to the Secretary for 
the administration of such program; and 
‘‘(iii) comply with the provisions of 
the administration of the recreational trails 
program under section 206, including the 
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use of apportioned funds described in sub-
section (d)(3)(A) of such section. 
‘‘(B) STATE FLEXIBILITY.—A State may 
opt out of the recreational trails program under 
this paragraph if the Governor of the State no-
tifies the Secretary not later than 30 days prior 
to the date on which an apportionment is made 
under section 104 for any fiscal year. 
‘‘(6) IMPROVING
ACCESSIBILITY
AND
EFFI-
CIENCY.— 
‘‘(A) IN GENERAL.—A State may use an 
amount equal to not more than 5 percent of the 
funds set aside for the State under this sub-
section, after allocating funds in accordance 
with paragraph (2)(A), to improve the ability of 
applicants to access funding for projects under 
this subsection in an efficient and expeditious 
manner by providing— 
‘‘(i) to applicants for projects under 
this subsection application assistance, tech-
nical assistance, and assistance in reducing 
the period of time between the selection of 
the project and the obligation of funds for 
the project; and 
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‘‘(ii) funding for one or more full-time 
State employee positions to administer this 
subsection. 
‘‘(B) USE
OF
FUNDS.—Amounts used 
under subparagraph (A) may be expended— 
‘‘(i) directly by the State; or 
‘‘(ii) through contracts with State 
agencies, private entities, or nonprofit enti-
ties. 
‘‘(C) IMPROVING PROJECT DELIVERY.— 
‘‘(i) IN
GENERAL.—The Secretary 
shall take such action as may be necessary, 
consistent with Federal requirements, to 
facilitate efficient and timely delivery of 
projects under this subsection that are 
small, low impact, and constructed within 
an existing built environment. 
‘‘(ii) 
CONSIDERATIONS.—The 
Sec-
retary shall consider the use of pro-
grammatic agreements, expedited or alter-
native procurement processes (including 
project bundling), and other effective prac-
tices to facilitate the goals of this para-
graph. 
‘‘(7) FEDERAL SHARE.— 
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‘‘(A) FLEXIBLE MATCH.— 
‘‘(i) IN
GENERAL.—Notwithstanding 
section 120— 
‘‘(I) the non-Federal share for a 
project under this subsection may be 
calculated on a project, multiple- 
project, or program basis; and 
‘‘(II) the Federal share of the 
cost of an individual project in this 
subsection may be up to 100 percent. 
‘‘(ii) 
AGGREGATE
NON-FEDERAL 
SHARE.—The average annual non-Federal 
share of the total cost of all projects for 
which funds are obligated under this sub-
section in a State for a fiscal year shall be 
not less than the non-Federal share au-
thorized for the State under section 120. 
‘‘(iii) REQUIREMENT.—This subpara-
graph shall only apply to a State if such 
State has adequate financial controls, as 
certified by the Secretary, to account for 
the average annual non-Federal share 
under this subparagraph. 
‘‘(B) 
SAFETY
PROJECTS.—Notwith-
standing section 120, funds made available to 
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carry out section 148 may be credited toward 
the non-Federal share of the costs of a project 
under this subsection if the project— 
‘‘(i) is a project described in section 
148(e)(1); and 
‘‘(ii) is consistent with the State stra-
tegic highway safety plan (as defined in 
section 148(a)). 
‘‘(8) FLEXIBILITY.— 
‘‘(A) STATE AUTHORITY.— 
‘‘(i) IN GENERAL.—A State may use 
not more than 50 percent of the funds set 
aside under this subsection that are avail-
able for obligation in any area of the State 
(suballocated consistent with the require-
ments of subsection (d)(1)(B)) for any 
purpose eligible under subsection (b). 
‘‘(ii) RESTRICTION.—Funds may be 
used as described in clause (i) only if the 
State demonstrates to the Secretary— 
‘‘(I) that the State held a com-
petition in compliance with the re-
quirements of this subsection in such 
form as the Secretary determines ap-
propriate; 
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‘‘(II) that the State offered tech-
nical assistance to all eligible entities 
and provided such assistance upon re-
quest by an eligible entity; and 
‘‘(III) that there were not suffi-
cient suitable applications from eligi-
ble entities to use the funds described 
in clause (i). 
‘‘(B) MPO AUTHORITY.— 
‘‘(i) IN
GENERAL.—A metropolitan 
planning organization that represents an 
urbanized area with a population of great-
er than 200,000 may use not more than 
50 percent of the funds set aside under 
this subsection for an urbanized area de-
scribed in subsection (d)(1)(A)(i) for any 
purpose eligible under subsection (b). 
‘‘(ii) RESTRICTION.—Funds may be 
used as described in clause (i) only if the 
Secretary certifies that the metropolitan 
planning organization— 
‘‘(I) held a competition in compli-
ance with the requirements of this 
subsection in such form as the Sec-
retary determines appropriate; and 
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‘‘(II) demonstrates that there 
were not sufficient suitable applica-
tions from eligible entities to use the 
funds described in clause (i). 
‘‘(9) ANNUAL REPORTS.— 
‘‘(A) IN GENERAL.—Each State or metro-
politan planning organization responsible for 
carrying out the requirements of this subsection 
shall submit to the Secretary an annual report 
that describes— 
‘‘(i) the number of project applica-
tions received for each fiscal year, includ-
ing— 
‘‘(I) the aggregate cost of the 
projects for which applications are re-
ceived; and 
‘‘(II) the types of projects by eli-
gibility category to be carried out, ex-
pressed as percentages of the total ap-
portionment of the State under this 
subsection; and 
‘‘(ii) the list of each project selected 
for funding for each fiscal year, including 
specifying the fiscal year for which the 
project was selected, the fiscal year in 
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which the project is anticipated to be fund-
ed, the recipient, the funding sources (in-
cluding non-Federal match), the project 
status, the specific location, the congres-
sional district, the type by eligibility cat-
egory, and a brief description. 
‘‘(B) PUBLIC
AVAILABILITY.—The Sec-
retary shall make available to the public, in a 
user-friendly format on the website of the De-
partment of Transportation, a copy of each an-
nual report submitted under subparagraph 
(A).’’. 
SEC. 1207. BRIDGE INVESTMENT. 
(a) IN GENERAL.—Section 144 of title 23, United 
States Code, is amended— 
(1) in the section heading by striking ‘‘Na-
tional bridge and tunnel inventory and 
inspection 
standards’’ 
and 
inserting 
‘‘Bridges and tunnels’’; 
(2) in subsection (a)(1)(B) by striking ‘‘defi-
cient’’; 
(3) in subsection (b)(5) by striking ‘‘struc-
turally deficient bridge’’ and inserting ‘‘bridge classi-
fied as in poor condition’’; 
(4) in subsection (d)— 
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(A) in paragraph (2) by striking ‘‘Not 
later than 2 years after the date of enactment 
of the MAP–21, each’’ and inserting ‘‘Each’’; 
and 
(B) by striking paragraph (4); 
(5) in subsection (j)— 
(A) in paragraph (2) by inserting ‘‘, 124,’’ 
after ‘‘section 119’’; 
(B) in paragraph (3)(A) by inserting ‘‘, 
124,’’ after ‘‘section 119’’; and 
(C) in paragraph (5) by striking ‘‘financial 
characteristics’’ and all that follows through the 
end and inserting ‘‘Federal share.’’; and 
(6) by adding at the end the following: 
‘‘(l) HIGHWAY BRIDGE REPLACEMENT AND REHA-
BILITATION.— 
‘‘(1) GOALS.—The goals of this subsection shall 
be to— 
‘‘(A) support the achievement of a state of 
good repair for the Nation’s bridges; 
‘‘(B) improve the safety, efficiency, and re-
liability of the movement of people and freight 
over bridges; and 
‘‘(C) improve the condition of bridges in 
the United States by reducing— 
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‘‘(i) the number of bridges— 
‘‘(I) in poor condition; or 
‘‘(II) in fair condition and at risk 
of falling into poor condition; 
‘‘(ii) the total person miles traveled 
over bridges— 
‘‘(I) in poor condition; or 
‘‘(II) in fair condition and at risk 
of falling into poor condition; 
‘‘(iii) the number of bridges that— 
‘‘(I) do not meet current geo-
metric design standards; or 
‘‘(II) cannot meet the load and 
traffic requirements typical of the re-
gional transportation network; and 
‘‘(iv) the total person miles traveled 
over bridges that— 
‘‘(I) do not meet current geo-
metric design standards; or 
‘‘(II) cannot meet the load and 
traffic requirements typical of the re-
gional transportation network. 
‘‘(2) BRIDGES ON PUBLIC ROADS.— 
‘‘(A) MINIMUM
BRIDGE
INVESTMENT.— 
Excluding the amounts described in subpara-
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graph (C), of the total funds apportioned to a 
State under paragraphs (1) and (2) of section 
104(b) for fiscal years 2023 to 2026, a State 
shall obligate not less than 20 percent for 
projects described in subparagraph (E). 
‘‘(B) PROGRAM FLEXIBILITY.—A State re-
quired to obligate funds under subparagraph 
(A) may use any combination of funds appor-
tioned to a State under paragraphs (1) and (2) 
of section 104(b). 
‘‘(C) 
LIMITATION.—Amounts 
described 
below may not be used for the purposes of cal-
culating or meeting the minimum bridge invest-
ment requirement under subparagraph (A)— 
‘‘(i) amounts described in section 
133(d)(1)(A); 
‘‘(ii) amounts set aside under section 
133(h); and 
‘‘(iii) amounts described in section 
505(a). 
‘‘(D) RULE OF CONSTRUCTION.—Nothing 
in this section shall be construed to prohibit the 
expenditure of funds described in subparagraph 
(C) for bridge projects eligible under such sec-
tion. 
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‘‘(E) ELIGIBLE
PROJECTS.—Funds re-
quired to be obligated in accordance with para-
graph (2)(A) may be obligated for projects or 
activities that— 
‘‘(i) are otherwise eligible under either 
section 119 or section 133, as applicable; 
‘‘(ii) support the achievement of per-
formance targets of the State established 
under section 150, are consistent with the 
transportation asset management plan of 
the State, or provide support for the condi-
tion and performance of bridges on public 
roads within the State; and 
‘‘(iii) remove, replace, reconstruct, re-
habilitate, preserve, or protect a bridge in-
cluded on the national bridge inventory au-
thorized 
by 
subsection 
(b), 
including 
through— 
‘‘(I) seismic retrofits; 
‘‘(II) systematic preventive main-
tenance; 
‘‘(III) installation of scour coun-
termeasures; 
‘‘(IV) the use of innovative mate-
rials that extend the service life of the 
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bridge and reduce preservation costs, 
as compared to conventionally de-
signed and constructed bridges; 
‘‘(V) the use of nontraditional 
production techniques, including fac-
tory prefabrication; 
‘‘(VI) painting for purposes of 
bridge protection; 
‘‘(VII) application of calcium 
magnesium acetate, sodium acetate/ 
formate, or other environmentally ac-
ceptable, minimally corrosive anti- 
icing and deicing compositions; 
‘‘(VIII) corrosion control; 
‘‘(IX) construction of protective 
features (including natural infrastruc-
ture) alone or in combination with 
other activities eligible under this 
paragraph to enhance resilience of a 
bridge; 
‘‘(X) bridge security counter-
measures; 
‘‘(XI) impact protection meas-
ures for bridges; 
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‘‘(XII) inspection and evaluation 
of bridges; 
‘‘(XIII) training for bridge in-
spectors consistent with subsection (i); 
and 
‘‘(XIV) removal of a bridge clas-
sified as in poor condition in order to 
improve community connectivity. 
‘‘(F) BUNDLES
OF
PROJECTS.—A State 
may use a bundle of projects as described in 
subsection (j) to satisfy the requirements of 
subparagraph (A), if each project in the bundle 
is otherwise eligible under subparagraph (E). 
‘‘(G) FLEXIBILITY.—The Secretary may, 
at the request of a State, reduce the required 
obligation under subparagraph (A) if— 
‘‘(i) the reduction is consistent with a 
State’s asset management plan for the Na-
tional Highway System; 
‘‘(ii) the reduction will not limit a 
State’s ability to meet its performance tar-
gets under section 150 or to improve the 
condition and performance of bridges on 
public roads within the State; and 
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‘‘(iii) the State demonstrates that it 
has inadequate needs to justify the expend-
iture. 
‘‘(H) BRIDGE INVESTMENT REPORT.—The 
Secretary shall annually publish on the website 
of the Department of Transportation a bridge 
investment report that includes— 
‘‘(i) the total Federal funding obli-
gated for bridge projects in the most re-
cent fiscal year, on a State-by-State basis 
and broken out by Federal program; 
‘‘(ii) the total Federal funding obli-
gated, on a State-by-State basis and bro-
ken out by Federal program, for bridge 
projects carried out pursuant to the min-
imum 
bridge 
investment 
requirements 
under subparagraph (A); 
‘‘(iii) the progress made by each State 
toward meeting the minimum bridge in-
vestment requirement under subparagraph 
(A) for such State, both cumulatively and 
for the most recent fiscal year; 
‘‘(iv) a summary of— 
‘‘(I) each request made under 
subparagraph (G) by a State for a re-
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duction in the minimum bridge invest-
ment requirement under subpara-
graph (A); and 
‘‘(II) for each request described 
in subclause (I) that is granted by the 
Secretary— 
‘‘(aa) the percentage and 
dollar amount of the reduction; 
and 
‘‘(bb) an explanation of how 
the State met each of the criteria 
described in subparagraph (G); 
and 
‘‘(v) a summary of— 
‘‘(I) each request made by a 
State for a reduction in the obligation 
requirements under section 133(f); 
and 
‘‘(II) for each request that is 
granted by the Secretary— 
‘‘(aa) the percentage and 
dollar amount of the reduction; 
and 
‘‘(bb) an explanation of how 
the Secretary made the deter-
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mination 
under 
section 
133(f)(2)(B). 
‘‘(I) OFF-SYSTEM BRIDGES.—A State may 
apply amounts obligated under this subsection 
or section 133(f)(2)(A) to the obligation re-
quirements of both this subsection and section 
133(f). 
‘‘(J) NHS PENALTY.—A State may apply 
amounts obligated under this subsection or sec-
tion 119(f)(2) to the obligation requirements of 
both this subsection and section 119(f)(2). 
‘‘(K) COMPLIANCE.—If a State fails to 
satisfy the requirements of subparagraph (A) 
by the end of fiscal year 2025, the Secretary 
may subject the State to appropriate program 
sanctions under section 1.36 of title 23, Code of 
Federal Regulations (or successor regula-
tions).’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 1 of title 23, United States Code, is amended by strik-
ing the item relating to section 144 and inserting the fol-
lowing: 
‘‘144. Bridges and tunnels.’’. 
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SEC. 1208. CONSTRUCTION OF FERRY BOATS AND FERRY 
TERMINAL FACILITIES. 
Section 147 of title 23, United States Code, is 
amended— 
(1) by striking subsection (h); and 
(2) by redesignating subsections (i) and (j) as 
subsections (h) and (i), respectively. 
SEC. 1209. HIGHWAY SAFETY IMPROVEMENT PROGRAM. 
(a) IN GENERAL.—Section 148 of title 23, United 
States Code, is amended— 
(1) in subsection (a)— 
(A) in paragraph (4)(B)— 
(i) by striking ‘‘only includes a 
project’’ 
and 
inserting 
‘‘includes 
a 
project’’; 
(ii) in clause (xiii) by inserting ‘‘, in-
cluding the development of a vulnerable 
road user safety assessment or a vision 
zero plan under section 1601 of the IN-
VEST in America Act’’ after ‘‘safety plan-
ning’’; 
(iii) by amending clause (xviii) to read 
as follows: 
‘‘(xviii) Safe routes to school infra-
structure-related projects eligible under 
section 211.’’; 
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(iv) in clause (xxvi) by inserting ‘‘or 
leading pedestrian intervals’’ after ‘‘hybrid 
beacons’’; and 
(v) by striking clause (xxviii) and in-
serting the following: 
‘‘(xxviii) A pedestrian security feature 
designed to slow or stop a motor vehicle. 
‘‘(xxix) Installation of infrastructure 
improvements, including sidewalks, cross-
walks, signage, and bus stop shelters or 
protected waiting areas.’’; 
(B) in paragraph (11)— 
(i) in subparagraph (A)— 
(I) in clause (ix) by striking 
‘‘and’’ at the end; 
(II) by redesignating clause (x) 
as clause (xi); and 
(III) by inserting after clause (ix) 
the following: 
‘‘(x) State or local representatives of 
educational agencies to address safe routes 
to school and schoolbus safety; and’’; 
(ii) in subparagraph (E) by inserting 
‘‘Tribal,’’ after ‘‘State,’’; 
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(iii) by redesignating subparagraphs 
(G), (H), and (I) as subparagraphs (H), 
(I), and (J), respectively; and 
(iv) by inserting after subparagraph 
(F) the following: 
‘‘(G) includes a vulnerable road user safety 
assessment described under paragraph (16);’’; 
(C) by redesignating paragraphs (10), 
(11), and (12) as paragraphs (12), (13), and 
(14), respectively; 
(D) by inserting after paragraph (9) the 
following: 
‘‘(10) SAFE
SYSTEM
APPROACH.—The term 
‘safe system approach’ means a roadway design that 
emphasizes minimizing the risk of injury or fatality 
to road users and that— 
‘‘(A) takes into consideration the possi-
bility and likelihood of human error; 
‘‘(B) accommodates human injury toler-
ance by taking into consideration likely crash 
types, resulting impact forces, and the human 
body’s ability to withstand such forces; and 
‘‘(C) takes into consideration vulnerable 
road users. 
‘‘(11) SPECIFIED SAFETY PROJECT.— 
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‘‘(A) IN
GENERAL.—The term ‘specified 
safety project’ means a project carried out for 
the purpose of safety under any other section of 
this title that is consistent with the State stra-
tegic highway safety plan. 
‘‘(B) INCLUSION.—The term ‘specified 
safety project’ includes a project that— 
‘‘(i) promotes public awareness and 
informs the public regarding highway safe-
ty matters (including safety for motorcy-
clists, bicyclists, pedestrians, individuals 
with disabilities, and other road users); 
‘‘(ii) facilitates enforcement of traffic 
safety laws; 
‘‘(iii) provides infrastructure and in-
frastructure-related equipment to support 
emergency services; 
‘‘(iv) conducts safety-related research 
to evaluate experimental safety counter-
measures or equipment; or 
‘‘(v) supports safe routes to school 
noninfrastructure-related 
activities 
de-
scribed under section 211(e)(2).’’; and 
(E) by adding at the end the following: 
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239 
‘‘(15) TRANSPORTATION MANAGEMENT AREA.— 
The term ‘transportation management area’ means 
an area designated under section 134(k). 
‘‘(16) VULNERABLE
ROAD
USER.—The term 
‘vulnerable road user’ means a nonmotorist— 
‘‘(A) with a fatality analysis reporting sys-
tem person attribute code that is included in 
the definition of the term ‘number of non-mo-
torized fatalities’ in section 490.205 of title 23, 
Code of Federal Regulations (or successor regu-
lation); or 
‘‘(B) described in the term ‘number of 
non-motorized serious injuries’ in such section. 
‘‘(17) VULNERABLE
ROAD
USER
SAFETY
AS-
SESSMENT.—The term ‘vulnerable road user safety 
assessment’ means an assessment of the safety per-
formance of the State or a metropolitan planning or-
ganization within the State with respect to vulner-
able road users and the plan of the State or metro-
politan planning organization to improve the safety 
of vulnerable road users described in subsection 
(l).’’; 
(2) in subsection (c)— 
(A) in paragraph (1) by striking ‘‘(a)(11)’’ 
and inserting ‘‘(a)(13)’’; and 
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240 
(B) in paragraph (2)— 
(i) in subparagraph (A)(vi) by insert-
ing ‘‘, consistent with the vulnerable road 
user 
safety 
assessment’’ 
after 
‘‘non-
motorized crashes’’; 
(ii) in subparagraph (B)(i)— 
(I) by inserting ‘‘, consistent with 
a safe system approach,’’ after ‘‘iden-
tify’’; 
(II) by inserting ‘‘excessive de-
sign speeds and speed limits,’’ after 
‘‘crossing needs,’’; and 
(III) by striking ‘‘motorists (in-
cluding motorcyclists), bicyclists, pe-
destrians, and other highway users’’ 
and inserting ‘‘road users’’; and 
(iii) in subparagraph (D)(iii) by strik-
ing ‘‘motorists (including motorcyclists), 
bicyclists, pedestrians, persons with disabil-
ities, and other highway users’’ and insert-
ing ‘‘road users’’; 
(3) in subsection (d)— 
(A) in paragraph (1)— 
(i) in subparagraph (A) by striking 
‘‘Not later than 1 year after the date of 
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241 
enactment of the MAP–21, the’’ and in-
serting ‘‘The’’; and 
(ii) in subparagraph (B)— 
(I) in clause (iv) by inserting 
‘‘and serious injury’’ after ‘‘fatality’’; 
(II) in clause (vii) by striking ‘‘; 
and’’ and inserting a semicolon; 
(III) 
by 
redesignating 
clause 
(viii) as clause (ix); and 
(IV) by inserting after clause 
(vii) the following: 
‘‘(viii) the findings of a vulnerable 
road user safety assessment of the State; 
and’’; and 
(B) in paragraph (2)(B)(i) by striking 
‘‘subsection (a)(11)’’ and inserting ‘‘subsection 
(a)(13)’’; 
(4) in subsection (e)— 
(A) in paragraph (1)(C) by striking ‘‘, 
without regard to whether the project is in-
cluded in an applicable State strategic highway 
safety plan’’; and 
(B) by adding at the end the following: 
‘‘(3) FLEXIBLE FUNDING FOR SPECIFIED SAFE-
TY PROJECTS.— 
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242 
‘‘(A) IN GENERAL.—To advance the imple-
mentation of a State strategic highway safety 
plan, a State may use not more than 10 percent 
of the amounts apportioned to the State under 
section 104(b)(3) for a fiscal year to carry out 
specified safety projects. 
‘‘(B) RULE
OF
STATUTORY
CONSTRUC-
TION.—Nothing in this paragraph shall be con-
strued to require a State to revise any State 
process, plan, or program in effect on the date 
of enactment of this paragraph. 
‘‘(C) EFFECT OF PARAGRAPH.— 
‘‘(i) 
REQUIREMENTS.—A 
project 
funded under this paragraph shall be sub-
ject to all requirements under this section 
that apply to a highway safety improve-
ment project. 
‘‘(ii) 
OTHER
APPORTIONED
PRO-
GRAMS.—Subparagraph (A) shall not apply 
to amounts that may be obligated for non-
infrastructure projects apportioned under 
any other paragraph of section 104(b).’’; 
(5) in subsection (g)— 
(A) by amending paragraph (1) to read as 
follows: 
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249 
each State shall create a vulnerable road user safety 
assessment. 
‘‘(2) CONTENTS.—A vulnerable road user safety 
assessment required under paragraph (1) shall in-
clude— 
‘‘(A) a description of the location within 
the State of each vulnerable road user fatality 
and serious injury, including, if available, the 
design speed of the roadway at any such loca-
tion; 
‘‘(B) a description of any corridors identi-
fied by a State, in coordination with local gov-
ernments, metropolitan planning organizations, 
and regional transportation planning organiza-
tions that pose a high risk of a vulnerable road 
user fatality or serious injury, including, if 
available, the design speeds of such corridors; 
and 
‘‘(C) a program of projects or strategies to 
reduce safety risks to vulnerable road users in 
corridors identified under subparagraph (B), in 
coordination with local governments, metropoli-
tan planning organizations, and regional trans-
portation planning organizations that represent 
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273 
the item relating to such section in the table of con-
tents in section 1(b) of such Act, are repealed. 
(2) ANALYSIS.—The analysis for chapter 2 of 
title 23, United States Code, is amended by insert-
ing after the item relating to section 210 the fol-
lowing: 
‘‘211. Safe routes to school program.’’. 
SEC. 1216. BICYCLE TRANSPORTATION AND PEDESTRIAN 
WALKWAYS. 
Section 217 of title 23, United States Code, is 
amended— 
(1) in subsection (d)— 
(A) by striking ‘‘104(b)(3)’’ and inserting 
‘‘104(b)(4)’’; and 
(B) by striking ‘‘a position’’ and inserting 
‘‘at least one full-time positions’’; 
(2) in subsection (e) by striking ‘‘bicycles’’ and 
inserting ‘‘pedestrians or bicyclists’’ each place such 
term appears; 
(3) in subsection (j)— 
(A) in paragraph (1) by inserting ‘‘or oper-
ators 
of 
micromobility 
devices’’ 
after 
‘‘bicyclists’’; 
(B) by striking paragraph (2) and insert-
ing the following: 
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