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dent has declared the emergency to be a 
major disaster for the purposes of the Rob-
ert T. Stafford Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 5121 et 
seq.) for which concurrence of the Sec-
retary is not required; and 
‘‘(ii) the Secretary has received an ap-
plication from the State transportation de-
partment that includes a comprehensive 
list of all eligible project sites and repair 
costs by not later than 2 years after the 
natural disaster or catastrophic failure. 
‘‘(B) COST LIMITATION.—The total cost of 
a project funded under this section may not ex-
ceed the cost of repair or reconstruction of a 
comparable facility unless the Secretary deter-
mines that the project incorporates economi-
cally justified betterments, including protective 
features to increase the resilience of the facility. 
‘‘(3) SPECIAL RULE FOR BRIDGE PROJECTS.— 
In no case shall funds be used under this section for 
the repair or reconstruction of a bridge— 
‘‘(A) that has been permanently closed to 
all vehicular traffic by the State or responsible 
local official because of imminent danger of col-
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lapse due to a structural deficiency or physical 
deterioration; or 
‘‘(B) if a construction phase of a replace-
ment structure is included in the approved 
statewide transportation improvement program 
at the time of an event described in subsection 
(a).’’; 
(5) in subsection (e)— 
(A) by striking paragraph (1); 
(B) in paragraph (2) by striking ‘‘sub-
section 
(d)(1)’’ 
and 
inserting 
‘‘subsection 
(c)(1)’’; and 
(C) by redesignating paragraphs (2) and 
(3), as amended, as paragraphs (1) and (2), re-
spectively; 
(6) by redesignating subsections (c) through 
(g), as amended, as subsections (b) through (f), re-
spectively; and 
(7) by adding at the end the following: 
‘‘(g) IMPOSITION OF DEADLINE.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law, the Secretary may not require any 
project funded under this section to advance to the 
construction obligation stage before the date that is 
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the last day of the sixth fiscal year after the later 
of— 
‘‘(A) the date on which the Governor de-
clared the emergency, as described in subsection 
(d)(2)(A)(i); or 
‘‘(B) the date on which the President de-
clared the emergency to be a major disaster, as 
described in such subsection. 
‘‘(2) EXTENSION OF DEADLINE.—If the Sec-
retary imposes a deadline for advancement to the 
construction obligation stage pursuant to paragraph 
(1), the Secretary may, upon the request of the Gov-
ernor of the State, issue an extension of not more 
than 1 year to complete such advancement, and may 
issue additional extensions after the expiration of 
any extension, if the Secretary determines the Gov-
ernor of the State has provided suitable justification 
to warrant such an extension. 
‘‘(h) HAZARD MITIGATION PILOT PROGRAM.— 
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish a hazard mitigation pilot program for the pur-
pose of mitigating future hazards posed to Federal- 
aid highways. 
‘‘(2) DISTRIBUTION OF FUNDS.— 
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‘‘(A) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There is authorized to be appropriated 
such sums as may be necessary for the pilot 
program established under this subsection. 
‘‘(B) CALCULATION.—Every 6 months, the 
Secretary shall calculate the total amount of 
outstanding eligible repair costs under the 
emergency relief program under this section, in-
cluding the emergency relief backlog, for each 
State, territory, Tribal government, or other eli-
gible entity. 
‘‘(C) DISTRIBUTION.—Any amounts made 
available under this subsection shall be distrib-
uted to each State, territory, Tribal govern-
ment, or other eligible entity based on— 
‘‘(i) the ratio of the total amount of 
outstanding eligible repair costs as de-
scribed under subparagraph (B); bears to 
‘‘(ii) the total amounts appropriated 
for the purposes described in this sub-
section. 
‘‘(D) LIMITATION.—The distribution de-
scribed under subparagraph (C) shall not ex-
ceed 5 percent of the amount described in sub-
paragraph (B). 
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‘‘(3) ELIGIBLE
ACTIVITIES.—Amounts made 
available under this subsection shall be used for pro-
tective features or other hazard mitigation activities 
that— 
‘‘(A) the Secretary determines are cost ef-
fective and that reduce the risk of, or increase 
the resilience to, future damage to existing as-
sets as a result of natural disasters; and 
‘‘(B) are eligible under section 124. 
‘‘(4) REPORT.—The Secretary shall submit to 
the Committee on Transportation and Infrastructure 
of the House of Representatives and the Committee 
on Environment and Public Works of the Senate an 
annual report detailing— 
‘‘(A) a description of the activities carried 
out under the pilot program; 
‘‘(B) an evaluation of the effectiveness of 
the pilot program in meeting purposes descried 
in paragraph (1); 
‘‘(C) policy recommendations to improve 
the effectiveness of the pilot program. 
‘‘(5) SUNSET.—The authority provided under 
this subsection shall terminate on October 1, 2025. 
‘‘(i) IMPROVING
THE EMERGENCY RELIEF PRO-
GRAM.—Not later than 90 days after the date of enact-
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ment of the INVEST in America Act, the Secretary 
shall— 
‘‘(1) revise the emergency relief manual of the 
Federal Highway Administration— 
‘‘(A) to include and reflect the definition of 
the term ‘resilience’ (as defined in section 
101(a)); 
‘‘(B) to identify procedures that States 
may use to incorporate resilience into emer-
gency relief projects; and 
‘‘(C) to encourage the use of context sen-
sitive design principles and consideration of ac-
cess for moderate- and low-income families im-
pacted by a declared disaster; 
‘‘(2) develop best practices for improving the 
use of resilience in— 
‘‘(A) the emergency relief program under 
section 125; and 
‘‘(B) emergency relief efforts; 
‘‘(3) provide to division offices of the Federal 
Highway Administration and State departments of 
transportation information on the best practices de-
veloped under paragraph (2); and 
‘‘(4) develop and implement a process to 
track— 
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‘‘(A) the consideration of resilience as part 
of the emergency relief program under section 
125; and 
‘‘(B) the costs of emergency relief projects. 
‘‘(j) DEFINITIONS.—In this section: 
‘‘(1) COMPARABLE FACILITY.—The term ‘com-
parable facility’ means a facility that meets the cur-
rent geometric and construction standards required 
for the types and volume of traffic that the facility 
will carry over its design life. 
‘‘(2) CONSTRUCTION PHASE.—The term ‘con-
struction phase’ means the phase of physical con-
struction of a highway or bridge facility that is sepa-
rate from any other identified phases, such as plan-
ning, design, or right-of-way phases, in the State 
transportation improvement program. 
‘‘(3) OPEN
TO
PUBLIC
TRAVEL.—The term 
‘open to public travel’ means with respect to a road, 
that, except during scheduled periods, extreme 
weather conditions, or emergencies, the road— 
‘‘(A) is maintained; 
‘‘(B) is open to the general public; and 
‘‘(C) can accommodate travel by a stand-
ard passenger vehicle, without restrictive gates 
or prohibitive signs or regulations, other than 
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for general traffic control or restrictions based 
on size, weight, or class of registration. 
‘‘(4) STANDARD
PASSENGER
VEHICLE.—The 
term ‘standard passenger vehicle’ means a vehicle 
with 6 inches of clearance from the lowest point of 
the frame, body, suspension, or differential to the 
ground.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) FEDERAL LANDS AND TRIBAL TRANSPOR-
TATION
PROGRAMS.—Section 201(c)(8)(A) of title 
23, United States Code, is amended by striking 
‘‘section 125(e)’’ and inserting ‘‘section 125(g)’’. 
(2) TRIBAL TRANSPORTATION PROGRAM.—Sec-
tion 202(b)(6)(A) of title 23, United States Code, is 
amended by striking ‘‘section 125(e)’’ and inserting 
‘‘section 125(d)’’. 
(c) REPEAL.—Section 668.105(h) of title 23, Code 
of Federal Regulations, is repealed. 
SEC. 1204. RAILWAY CROSSINGS. 
(a) IN GENERAL.—Section 130 of title 23, United 
States Code, is amended— 
(1) in the section heading by striking ‘‘Rail-
way-highway crossings’’ and inserting ‘‘Rail-
way crossings’’; 
(2) in subsection (a)— 
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(A) by striking ‘‘Subject to section 120 
and subsection (b) of this section, the entire’’ 
and inserting ‘‘IN GENERAL.—The’’; 
(B) by striking ‘‘then the entire’’ and in-
serting ‘‘the’’; and 
(C) by striking ‘‘, subject to section 120 
and subsection (b) of this section,’’; 
(3) by amending subsection (b) to read as fol-
lows: 
‘‘(b) CLASSIFICATION.— 
‘‘(1) 
IN
GENERAL.—The 
construction 
of 
projects for the elimination of hazards at railway 
crossings represents a benefit to the railroad. The 
Secretary shall classify the various types of projects 
involved in the elimination of hazards of railway- 
highway crossings, and shall set for each such classi-
fication a percentage of the total project cost that 
represent the benefit to the railroad or railroads for 
the purpose of determining the railroad’s share of 
the total project cost. The Secretary shall determine 
the appropriate classification of each project. 
‘‘(2) NONCASH CONTRIBUTIONS.— 
‘‘(A) IN GENERAL.—Not more than 5 per-
cent of the cost share described in paragraph 
(1) may be attributable to noncash contribu-
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tions of materials and labor furnished by the 
railroad in connection with the construction of 
such project. 
‘‘(B) REQUIREMENT.—The requirements 
under section 200.306 and 200.403(g) of title 
2, Code of Federal Regulations (or successor 
regulations), shall apply to any noncash con-
tributions under this subsection. 
‘‘(3) TOTAL PROJECT COST.—For the purposes 
of this subsection, the determination of the rail-
road’s share of the total project cost shall include 
environment, design, right-of-way, utility accommo-
dation, and construction phases of the project.’’; 
(4) in subsection (c)— 
(A) by striking ‘‘Any railroad involved’’ 
and inserting ‘‘BENEFIT.—Any railroad in-
volved’’; 
(B) by striking ‘‘the net benefit’’ and in-
serting ‘‘the cost associated with the benefit’’; 
and 
(C) by striking ‘‘Such payment may con-
sist in whole or in part of materials and labor 
furnished by the railroad in connection with the 
construction of such project.’’; 
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(5) by striking subsection (e) and inserting the 
following: 
‘‘(e) RAILWAY CROSSINGS.— 
‘‘(1) ELIGIBLE
ACTIVITIES.—Funds appor-
tioned to a State under section 104(b)(7) may be ob-
ligated for the following: 
‘‘(A) The elimination of hazards at rail-
way-highway crossings, including technology or 
protective upgrades. 
‘‘(B) Construction or installation of protec-
tive devices (including replacement of function-
ally obsolete protective devices) at railway-high-
way crossings. 
‘‘(C) Infrastructure and noninfrastructure 
projects and strategies to prevent or reduce sui-
cide or trespasser fatalities and injuries along 
railroad rights-of-way and at or near railway- 
highway crossings. 
‘‘(D) Projects to mitigate any degradation 
in the level of access from a highway-grade 
crossing closure. 
‘‘(E) Bicycle and pedestrian railway grade 
crossing improvements, including underpasses 
and overpasses. 
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‘‘(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.’’; 
(7) by striking subsection (g) and inserting the 
following: 
‘‘(g) REPORT.— 
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‘‘(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 such im-
provements. 
‘‘(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-highway crossings. 
‘‘(B) CONTENTS.—The report under sub-
paragraph (A) shall include— 
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‘‘(i) the number of projects under-
taken; 
‘‘(ii) distribution of such projects by 
cost range, road system, nature of treat-
ment, and subsequent accident experience 
at improved locations; 
‘‘(iii) an analysis and evaluation of 
each State program; 
‘‘(iv) the identification of any State 
found not to be in compliance with the 
schedule of improvements required by sub-
section (d); and 
‘‘(v) recommendations for future im-
plementation of the railway crossings pro-
gram.’’; 
(8) in subsection (j)— 
(A) in the heading by inserting ‘‘AND PE-
DESTRIAN’’ after ‘‘BICYCLE’’; and 
(B) by inserting ‘‘and pedestrian’’ after 
‘‘bicycle’’; and 
(9) in subsection (l)— 
(A) in paragraph (1) by striking ‘‘Not 
later than’’ and all that follows through ‘‘each 
State’’ and inserting ‘‘Not later than 6 months 
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after a new railway crossing becomes oper-
ational, each State’’; and 
(B) in paragraph (2) by striking ‘‘On a 
periodic’’ and all that follows through ‘‘every 
year thereafter’’ and inserting ‘‘On or before 
September 30 of each year’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 1 of title 23, United States Code, is amended by 
amending the item relating to section 130 to read as fol-
lows: 
‘‘130. Railway crossings.’’. 
(c) GAO STUDY.—Not later than 2 years after the 
date of enactment of this Act, the Comptroller General 
of the United States shall submit to Congress a report 
that includes an analysis of the effectiveness of the railway 
crossing program under section 130 of title 23, United 
States Code. 
(d) SENSE OF CONGRESS RELATING TO TRESPASSER 
DEATHS ALONG RAILROAD RIGHTS-OF-WAY.—It is the 
sense of Congress that the Department of Transportation 
should, where feasible, coordinate departmental efforts to 
prevent or reduce trespasser deaths along railroad rights- 
of-way and at or near railway-highway crossings. 
SEC. 1205. SURFACE TRANSPORTATION PROGRAM. 
(a) IN GENERAL.—Section 133 of title 23, United 
States Code, is amended— 
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(1) in the heading by striking ‘‘block grant’’; 
(2) in subsection (a) by striking ‘‘block grant’’; 
(3) in subsection (b)— 
(A) by striking ‘‘block grant’’; 
(B) in paragraph (4) by striking ‘‘railway- 
highway 
grade 
crossings’’ 
and 
inserting 
‘‘projects eligible under section 130 and instal-
lation of safety barriers and nets on bridges’’; 
(C) in paragraph (6)— 
(i) by striking ‘‘Recreational’’ and in-
serting 
‘‘Transportation 
alternatives 
projects eligible under subsection (h), rec-
reational’’; and 
(ii) by striking ‘‘1404 of SAFETEA– 
LU (23 U.S.C. 402 note)’’ and inserting 
‘‘211’’; and 
(D) by adding at the end the following: 
‘‘(16) Protective features (including natural in-
frastructure and vegetation control and clearance) to 
enhance the resilience of a transportation facility 
otherwise eligible for assistance under this section. 
‘‘(17) Projects to reduce greenhouse gas emis-
sions eligible under section 171, including the instal-
lation of electric vehicle charging infrastructure. 
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‘‘(18) Projects and strategies to reduce vehicle- 
caused wildlife mortality related to, or to restore and 
maintain connectivity among terrestrial or aquatic 
habitats affected by, a transportation facility other-
wise eligible for assistance under this section. 
‘‘(19) A surface transportation project carried 
out in accordance with the national travel and tour-
ism infrastructure strategic plan under section 
1431(e) of the FAST Act (49 U.S.C. 301 note). 
‘‘(20) roads in rural areas that primarily serve 
to transport agricultural products from a farm or 
ranch to a marketplace.’’; 
(4) in subsection (c)— 
(A) by striking ‘‘block grant’’ and inserting 
‘‘program’’; 
(B) by striking paragraph (3) and insert-
ing the following: 
‘‘(3) for a project described in— 
‘‘(A) subsection (h); or 
‘‘(B) section 101(a)(29), as in effect on 
the day before the date of enactment of the 
FAST Act;’’; 
(C) by redesignating paragraph (4) as 
paragraph (5); and 
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(D) by inserting after paragraph (3) the 
following: 
‘‘(4) for a project described in section 5308 of 
title 49; and’’; 
(5) in subsection (d)— 
(A) in paragraph (1)— 
(i) by inserting ‘‘each fiscal year’’ 
after ‘‘apportioned to a State’’; 
(ii) by striking ‘‘the reservation of’’ 
and inserting ‘‘setting aside’’; and 
(iii) in subparagraph (A)— 
(I) by striking ‘‘the percentage 
specified in paragraph (6) for a fiscal 
year’’ and inserting ‘‘57 percent for 
fiscal year 2022, 58 percent for fiscal 
year 2023, 59 percent for fiscal year 
2024, and 60 percent for fiscal year 
2025’’; 
(II) in clause (i) by striking ‘‘of 
over’’ and inserting ‘‘greater than’’; 
and 
(III) by striking clauses (ii) and 
(iii) and inserting the following: 
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‘‘(ii) in urbanized areas of the State 
with an urbanized area population greater 
than 49,999 and less than 200,001; 
‘‘(iii) in urban areas of the State with 
a population greater than 4,999 and less 
than 50,000; and 
‘‘(iv) in other areas of the State with 
a population less than 5,000; and’’; 
(B) by striking paragraph (3) and insert-
ing the following: 
‘‘(3) LOCAL
COORDINATION
AND
CONSULTA-
TION.— 
‘‘(A) COORDINATION WITH METROPOLITAN 
PLANNING
ORGANIZATIONS.—For purposes of 
paragraph (1)(A)(ii), a State shall— 
‘‘(i) establish a process to coordinate 
with all metropolitan planning organiza-
tions in the State that represent an urban-
ized area described in such paragraph; and 
‘‘(ii) describe how funds described 
under paragraph (1)(A)(ii) will be allo-
cated equitably among such urbanized 
areas during the period of fiscal years 
2022 through 2025. 
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‘‘(B) JOINT RESPONSIBILITY.—Each State 
and the Secretary shall jointly ensure compli-
ance with subparagraph (A). 
‘‘(C) 
CONSULTATION
WITH
REGIONAL 
TRANSPORTATION
PLANNING
ORGANIZA-
TIONS.—For purposes of clauses (iii) and (iv) 
of paragraph (1)(A), before obligating funding 
attributed to an area with a population less 
than 50,000, a State shall consult with the re-
gional transportation planning organizations 
that represent the area, if any.’’; 
(C) in the heading for paragraph (4) by 
striking ‘‘OVER 200,000’’ and inserting ‘‘GREAT-
ER THAN 200,000’’; 
(D) by striking paragraph (6) and insert-
ing the following: 
‘‘(6) TECHNICAL ASSISTANCE.— 
‘‘(A) IN
GENERAL.—The State and all 
metropolitan planning organizations in the 
State that represent an urbanized area with a 
population of greater than 200,000 shall jointly 
establish a program to improve the ability of 
applicants to deliver projects under this sub-
section in an efficient and expeditious manner 
and reduce the period of time between the selec-
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tion of the project and the obligation of funds 
for the project by providing— 
‘‘(i) technical assistance and training 
to applicants for projects under this sub-
section; and 
‘‘(ii) funding for one or more full-time 
State employee positions to administer this 
subsection. 
‘‘(B) ELIGIBLE FUNDS.—To carry out this 
paragraph— 
‘‘(i) a State shall set aside an amount 
equal to 1 percent of the funds available 
under paragraph (1)(A)(i); and 
‘‘(ii) at the request of an eligible met-
ropolitan planning organization, the State 
and metropolitan planning organization 
may jointly agree to use additional funds 
available under paragraph (1)(A)(i). 
‘‘(C) USE
OF
FUNDS.—Amounts used 
under this paragraph may be expended— 
‘‘(i) directly by the State; or 
‘‘(ii) through contracts with State 
agencies, private entities, or nonprofit or-
ganizations.’’; 
(6) in subsection (e)(1)— 
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(A) by striking ‘‘over 200,000’’ and insert-
ing ‘‘greater than 200,000’’; and 
(B) by striking ‘‘2016 through 2020’’ and 
inserting ‘‘2022 through 2025’’; 
(7) by striking subsection (f) and inserting the 
following: 
‘‘(f) BRIDGES NOT ON FEDERAL-AID HIGHWAYS.— 
‘‘(1) DEFINITION OF OFF-SYSTEM BRIDGE.—In 
this subsection, the term ‘off-system bridge’ means 
a bridge located on a public road, other than a 
bridge on a Federal-aid highway. 
‘‘(2) SPECIAL RULE.— 
‘‘(A) SET ASIDE.—Of the amounts appor-
tioned to a State for each fiscal year under this 
section other than the amounts described in 
subparagraph (C), the State shall obligate for 
activities described in subsection (b)(2) (as in 
effect on the day before the date of enactment 
of the FAST Act) for off-system bridges an 
amount that is not less than 20 percent of the 
amounts available to such State under this sec-
tion in fiscal year 2020, not including the 
amounts described in subparagraph (C). 
‘‘(B) REDUCTION
OF
EXPENDITURES.— 
The Secretary, after consultation with State 
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and local officials, may reduce the requirement 
for expenditures for off-system bridges under 
subparagraph (A) with respect to the State if 
the Secretary determines that the State has in-
adequate needs to justify the expenditure. 
‘‘(C) 
LIMITATIONS.—The 
following 
amounts shall not be used for the purposes of 
meeting the requirements of subparagraph (A): 
‘‘(i) Amounts described in section 
133(d)(1)(A). 
‘‘(ii) Amounts set aside under section 
133(h). 
‘‘(iii) Amounts described in section 
505(a). 
‘‘(3) CREDIT FOR BRIDGES NOT ON FEDERAL- 
AID HIGHWAYS.—Notwithstanding any other provi-
sion of law, with respect to any project not on a 
Federal-aid highway for the replacement of a bridge 
or rehabilitation of a bridge that is wholly funded 
from State and local sources, is eligible for Federal 
funds under this section, is certified by the State to 
have been carried out in accordance with all stand-
ards applicable to such projects under this section, 
and is determined by the Secretary upon completion 
to be no longer a deficient bridge— 
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‘‘(A) any amount expended after the date 
of enactment of this subsection from State and 
local sources for the project in excess of 20 per-
cent of the cost of construction of the project 
may be credited to the non-Federal share of the 
cost of other bridge projects in the State that 
are eligible for Federal funds under this sec-
tion; and 
‘‘(B) that crediting shall be conducted in 
accordance with procedures established by the 
Secretary.’’; and 
(8) in subsection (g)— 
(A) in the heading by striking ‘‘5,000’’ and 
inserting ‘‘50,000’’; and 
(B) in paragraph (1), by striking sub-
section (d)(1)(A)(ii) and all that follows 
through the period at the end and inserting 
‘‘clauses (iii) and (iv) of subsection (d)(1)(A) 
for each fiscal year may be obligated on roads 
functionally classified as rural minor collectors 
or local roads or on critical rural freight cor-
ridors designated under section 167(e).’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 1 of title 23, United States Code, is amended by strik-
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ing the item relating to section 133 and inserting the fol-
lowing: 
‘‘133. Surface transportation program.’’. 
(c) CONFORMING AMENDMENTS.— 
(1) ADVANCE
ACQUISITION
OF
REAL
PROP-
ERTY.—Section 108(c) of title 23, United States 
Code, is amended— 
(A) in paragraph (2)(A) by striking ‘‘block 
grant’’; and 
(B) in paragraph (3) by striking ‘‘block 
grant’’. 
(2) 
PUBLIC
TRANSPORTATION.—Section 
142(e)(2) of title 23, United States Code, is amend-
ed by striking ‘‘block grant’’. 
(3) HIGHWAY USE TAX EVASION PROJECTS.— 
Section 143(b)(8) of title 23, United States Code, is 
amended in the heading by striking ‘‘BLOCK 
GRANT’’. 
(4) CONGESTION MITIGATION AND AIR QUALITY 
IMPROVEMENT
PROGRAM.—Section 149(d) of title 
23, United States Code, is amended— 
(A) in paragraph (1)(B) by striking ‘‘block 
grant’’; and 
(B) in paragraph (2)(A) by striking ‘‘block 
grant’’. 
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(5) TERRITORIAL AND PUERTO RICO HIGHWAY 
PROGRAM.—Section 165 of title 23, United States 
Code, is amended— 
(A) in subsection (b)(2)(A)(ii) by striking 
‘‘block grant’’ each time such term appears; 
and 
(B) in subsection (c)(6)(A)(i) by striking 
‘‘block grant’’. 
(6) MAGNETIC
LEVITATION
TRANSPORTATION 
TECHNOLOGY
DEPLOYMENT
PROGRAM.—Section 
322(h)(3) of title 23, United States Code, is amend-
ed by striking ‘‘block grant’’. 
(7) 
TRAINING
AND
EDUCATION.—Section 
504(a)(4) of title 23, United States Code, is amend-
ed by striking ‘‘block grant’’. 
SEC. 1206. TRANSPORTATION ALTERNATIVES PROGRAM. 
Section 133(h) of title 23, United States Code, is 
amended to read as follows: 
‘‘(h) TRANSPORTATION
ALTERNATIVES
PROGRAM 
SET-ASIDE.— 
‘‘(1) SET ASIDE.—For each fiscal year, of the 
total funds apportioned to all States under section 
104(b)(2) for a fiscal year, the Secretary shall set 
aside an amount such that— 
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‘‘(A) the Secretary sets aside a total 
amount under this subsection for a fiscal year 
equal to 10 percent of such total funds; and 
‘‘(B) the State’s share of the amount set 
aside under subparagraph (A) is determined by 
multiplying the amount set aside under sub-
paragraph (A) by the ratio that— 
‘‘(i) the amount apportioned to the 
State for the transportation enhancement 
program for fiscal year 2009 under section 
133(d)(2), as in effect on the day before 
the date of enactment of MAP–21; bears 
to 
‘‘(ii) the total amount of funds appor-
tioned to all States for the transportation 
enhancements program for fiscal year 
2009. 
‘‘(2) ALLOCATION WITHIN A STATE.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), funds set aside for a State 
under paragraph (1) shall be obligated within 
that State in the manner described in sub-
sections (d) and (e), except that, for purposes 
of this paragraph (after funds are made avail-
able under paragraph (5))— 
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‘‘(i) for each fiscal year, the percent-
age referred to in paragraph (1)(A) of sub-
section (d) shall be deemed to be 66 per-
cent; and 
‘‘(ii) paragraph (3) of subsection (d) 
shall not apply. 
‘‘(B) LOCAL CONTROL.— 
‘‘(i) IN GENERAL.—A State may make 
available up to 100 percent of the funds 
set aside under paragraph (1) to the enti-
ties described in subclause (I) if the State 
submits to the Secretary, and the Sec-
retary approves, a plan that describes— 
‘‘(I) how such funds shall be 
made available to metropolitan plan-
ning organizations, regional transpor-
tation planning organizations, coun-
ties, or other regional transportation 
authorities; 
‘‘(II) how the entities described 
in subclause (I) shall select projects 
for funding and how such entities 
shall report selected projects to the 
State; 
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‘‘(III) the legal, financial, and 
technical capacity of such entities; and 
‘‘(IV) the procedures in place to 
ensure such entities comply with the 
requirements of this title. 
‘‘(ii) REQUIREMENT.—A State that 
makes funding available under a plan ap-
proved under this subparagraph shall make 
available an equivalent amount of obliga-
tion authority to an entity described in 
clause (i)(I) to whom funds are made 
available under this subparagraph. 
‘‘(3) ELIGIBLE
PROJECTS.—Funds set aside 
under this subsection may be obligated for any of 
the following projects or activities: 
‘‘(A) Construction, planning, and design of 
on-road and off-road trail facilities for pedes-
trians, bicyclists, and other nonmotorized forms 
of transportation, including sidewalks, bicycle 
infrastructure, pedestrian and bicycle signals, 
traffic calming techniques, lighting and other 
safety-related infrastructure, and transportation 
projects to achieve compliance with the Ameri-
cans with Disabilities Act of 1990 (42 U.S.C. 
12101 et seq.). 
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‘‘(B) Construction, planning, and design of 
infrastructure-related projects and systems that 
will provide safe routes for nondrivers, includ-
ing children, older adults, and individuals with 
disabilities to access daily needs. 
‘‘(C) Conversion and use of abandoned 
railroad corridors for trails for pedestrians, 
bicyclists, or other nonmotorized transportation 
users. 
‘‘(D) Construction of turnouts, overlooks, 
and viewing areas. 
‘‘(E) Community improvement activities, 
including— 
‘‘(i) inventory, control, or removal of 
outdoor advertising; 
‘‘(ii) historic preservation and reha-
bilitation of historic transportation facili-
ties; 
‘‘(iii) vegetation management prac-
tices in transportation rights-of-way to im-
prove roadway safety, prevent against 
invasive species, facilitate wildfire control, 
and provide erosion control; and 
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‘‘(iv) archaeological activities relating 
to impacts from implementation of a trans-
portation project eligible under this title. 
‘‘(F) Any environmental mitigation activ-
ity, including pollution prevention and pollution 
abatement activities and mitigation to address 
stormwater management, control, and water 
pollution prevention or abatement related to 
highway construction or due to highway runoff, 
including activities described in sections 328(a) 
and 329. 
‘‘(G) Projects and strategies to reduce ve-
hicle-caused wildlife mortality related to, or to 
restore and maintain connectivity among terres-
trial or aquatic habitats affected by, a transpor-
tation facility otherwise eligible for assistance 
under this subsection. 
‘‘(H) The recreational trails program 
under section 206. 
‘‘(I) The safe routes to school program 
under section 211. 
‘‘(J) Activities in furtherance of a vulner-
able road user assessment described in section 
148. 
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‘‘(K) Any other projects or activities de-
scribed in section 101(a)(29) or section 213, as 
such sections were in effect on the day before 
the date of enactment of the FAST Act (Public 
Law 114–94). 
‘‘(4) ACCESS TO FUNDS.— 
‘‘(A) IN GENERAL.—A State, metropolitan 
planning organization required to obligate funds 
in accordance with paragraph (2)(A), or an en-
tity required to obligate funds in accordance 
with paragraph (2)(B) shall develop a competi-
tive process to allow eligible entities to submit 
projects for funding that achieve the objectives 
of this subsection. A metropolitan planning or-
ganization for an area described in subsection 
(d)(1)(A)(i) shall select projects under such 
process in consultation with the relevant State. 
‘‘(B) ELIGIBLE ENTITY DEFINED.—In this 
paragraph, the term ‘eligible entity’ means— 
‘‘(i) a local government, including a 
county or multi-county special district; 
‘‘(ii) a regional transportation author-
ity; 
‘‘(iii) a transit agency; 
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‘‘(iv) a natural resource or public land 
agency; 
‘‘(v) a school district, local education 
agency, or school; 
‘‘(vi) a tribal government; 
‘‘(vii) a metropolitan planning organi-
zation that serves an urbanized area with 
a population of 200,000 or fewer; 
‘‘(viii) a nonprofit organization car-
rying out activities related to transpor-
tation; 
‘‘(ix) any other local or regional gov-
ernmental entity with responsibility for or 
oversight of transportation or recreational 
trails (other than a metropolitan planning 
organization that serves an urbanized area 
with a population of over 200,000 or a 
State agency) that the State determines to 
be eligible, consistent with the goals of this 
subsection; and 
‘‘(x) a State, at the request of any en-
tity listed in clauses (i) through (ix). 
‘‘(5) 
CONTINUATION
OF
CERTAIN
REC-
REATIONAL TRAILS PROJECTS.— 
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‘‘(A) IN GENERAL.—For each fiscal year, a 
State shall— 
‘‘(i) obligate an amount of funds set 
aside under this subsection equal to 175 
percent of the amount of the funds appor-
tioned to the State for fiscal year 2009 
under section 104(h)(2), as in effect on the 
day before the date of enactment of MAP– 
21, for projects relating to recreational 
trails under section 206; 
‘‘(ii) return 1 percent of the funds de-
scribed in clause (i) to the Secretary for 
the administration of such program; and 
‘‘(iii) comply with the provisions of 
the administration of the recreational trails 
program under section 206, including the 
use of apportioned funds described in sub-
section (d)(3)(A) of such section. 
‘‘(B) STATE FLEXIBILITY.—A State may 
opt out of the recreational trails program under 
this paragraph if the Governor of the State no-
tifies the Secretary not later than 30 days prior 
to the date on which an apportionment is made 
under section 104 for any fiscal year. 
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‘‘(6) IMPROVING
ACCESSIBILITY
AND
EFFI-
CIENCY.— 
‘‘(A) IN GENERAL.—A State may use an 
amount equal to not more than 5 percent of the 
funds set aside for the State under this sub-
section, after allocating funds in accordance 
with paragraph (2)(A), to improve the ability of 
applicants to access funding for projects under 
this subsection in an efficient and expeditious 
manner by providing— 
‘‘(i) to applicants for projects under 
this subsection application assistance, tech-
nical assistance, and assistance in reducing 
the period of time between the selection of 
the project and the obligation of funds for 
the project; and 
‘‘(ii) funding for one or more full-time 
State employee positions to administer this 
subsection. 
‘‘(B) USE
OF
FUNDS.—Amounts used 
under subparagraph (A) may be expended— 
‘‘(i) directly by the State; or 
‘‘(ii) through contracts with State 
agencies, private entities, or nonprofit enti-
ties. 
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‘‘(7) FEDERAL SHARE.— 
‘‘(A) FLEXIBLE MATCH.— 
‘‘(i) IN
GENERAL.—Notwithstanding 
section 120— 
‘‘(I) the non-Federal share for a 
project under this subsection may be 
calculated on a project, multiple- 
project, or program basis; and 
‘‘(II) the Federal share of the 
cost of an individual project in this 
subsection may be up to 100 percent. 
‘‘(ii) 
AGGREGATE
NON-FEDERAL 
SHARE.—The average annual non-Federal 
share of the total cost of all projects for 
which funds are obligated under this sub-
section in a State for a fiscal year shall be 
not less than the non-Federal share au-
thorized for the State under section 
120(b). 
‘‘(iii) REQUIREMENT.—This subpara-
graph shall only apply to a State if such 
State has adequate financial controls, as 
certified by the Secretary, to account for 
the average annual non-Federal share 
under this subparagraph. 
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‘‘(B) 
SAFETY
PROJECTS.—Notwith-
standing section 120, funds made available to 
carry out section 148 may be credited toward 
the non-Federal share of the costs of a project 
under this subsection if the project— 
‘‘(i) is a project described in section 
148(e)(1); and 
‘‘(ii) is consistent with the State stra-
tegic highway safety plan (as defined in 
section 148(a)). 
‘‘(8) FLEXIBILITY.— 
‘‘(A) STATE AUTHORITY.— 
‘‘(i) IN GENERAL.—A State may use 
not more than 50 percent of the funds set 
aside under this subsection that are avail-
able for obligation in any area of the State 
(suballocated consistent with the require-
ments of subsection (d)(1)(B)) for any 
purpose eligible under subsection (b). 
‘‘(ii) RESTRICTION.—Funds may be 
used as described in clause (i) only if the 
State demonstrates to the Secretary— 
‘‘(I) that the State held a com-
petition in compliance with the re-
quirements of this subsection in such 
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form as the Secretary determines ap-
propriate; 
‘‘(II) that the State offered tech-
nical assistance to all eligible entities 
and provided such assistance upon re-
quest by an eligible entity; and 
‘‘(III) that there were not suffi-
cient suitable applications from eligi-
ble entities to use the funds described 
in clause (i). 
‘‘(B) MPO AUTHORITY.— 
‘‘(i) IN
GENERAL.—A metropolitan 
planning organization that represents an 
urbanized area with a population of great-
er than 200,000 may use not more than 
50 percent of the funds set aside under 
this subsection for an urbanized area de-
scribed in subsection (d)(1)(A)(i) for any 
purpose eligible under subsection (b). 
‘‘(ii) RESTRICTION.—Funds may be 
used as described in clause (i) only if the 
Secretary certifies that the metropolitan 
planning organization— 
‘‘(I) held a competition in compli-
ance with the requirements of this 
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subsection in such form as the Sec-
retary determines appropriate; and 
‘‘(II) demonstrates that there 
were not sufficient suitable applica-
tions from eligible entities to use the 
funds described in clause (i). 
‘‘(9) ANNUAL REPORTS.— 
‘‘(A) IN GENERAL.—Each State or metro-
politan planning organization responsible for 
carrying out the requirements of this subsection 
shall submit to the Secretary an annual report 
that describes— 
‘‘(i) the number of project applica-
tions received for each fiscal year, includ-
ing— 
‘‘(I) the aggregate cost of the 
projects for which applications are re-
ceived; and 
‘‘(II) the types of projects to be 
carried out, expressed as percentages 
of the total apportionment of the 
State under this subsection; and 
‘‘(ii) the list of each project selected 
for funding for each fiscal year, including 
specifying the fiscal year for which the 
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project was selected, the fiscal year in 
which the project is anticipated to be fund-
ed, the recipient, the location, the type, 
and a brief description. 
‘‘(B) PUBLIC
AVAILABILITY.—The Sec-
retary shall make available to the public, in a 
user-friendly format on the website of the De-
partment of Transportation, a copy of each an-
nual report submitted under subparagraph 
(A).’’. 
SEC. 1207. BRIDGE INVESTMENT. 
(a) IN GENERAL.—Section 144 of title 23, United 
States Code, is amended— 
(1) in the section heading by striking ‘‘Na-
tional bridge and tunnel inventory and 
inspection 
standards’’ 
and 
inserting 
‘‘Bridges and tunnels’’; 
(2) in subsection (a)(1)(B) by striking ‘‘defi-
cient’’; 
(3) in subsection (b)(5) by striking ‘‘struc-
turally deficient bridge’’ and inserting ‘‘bridge classi-
fied as in poor condition’’; 
(4) in subsection (d)— 
(A) in paragraph (2) by striking ‘‘Not 
later than 2 years after the date of enactment 
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of the MAP–21, each’’ and inserting ‘‘Each’’; 
and 
(B) by striking paragraph (4); 
(5) in subsection (j)— 
(A) in paragraph (2) by inserting ‘‘, 124,’’ 
after ‘‘section 119’’; 
(B) in paragraph (3)(A) by inserting ‘‘, 
124,’’ after ‘‘section 119’’; and 
(C) in paragraph (5) by striking ‘‘financial 
characteristics’’ and all that follows through the 
end and inserting ‘‘Federal share.’’; and 
(6) by adding at the end the following: 
‘‘(l) HIGHWAY BRIDGE REPLACEMENT AND REHA-
BILITATION.— 
‘‘(1) GOALS.—The goals of this subsection shall 
be to— 
‘‘(A) support the achievement of a state of 
good repair for the Nation’s bridges; 
‘‘(B) improve the safety, efficiency, and re-
liability of the movement of people and freight 
over bridges; and 
‘‘(C) improve the condition of bridges in 
the United States by reducing— 
‘‘(i) the number of bridges— 
‘‘(I) in poor condition; or 
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‘‘(II) in fair condition and at risk 
of falling into poor condition; 
‘‘(ii) the total person miles traveled 
over bridges— 
‘‘(I) in poor condition; or 
‘‘(II) in fair condition and at risk 
of falling into poor condition; 
‘‘(iii) the number of bridges that— 
‘‘(I) do not meet current geo-
metric design standards; or 
‘‘(II) cannot meet the load and 
traffic requirements typical of the re-
gional transportation network; and 
‘‘(iv) the total person miles traveled 
over bridges that— 
‘‘(I) do not meet current geo-
metric design standards; or 
‘‘(II) cannot meet the load and 
traffic requirements typical of the re-
gional transportation network. 
‘‘(2) BRIDGES ON PUBLIC ROADS.— 
‘‘(A) MINIMUM
BRIDGE
INVESTMENT.— 
Excluding the amounts described in subpara-
graph (C), of the total funds apportioned to a 
State under paragraphs (1) and (2) of section 
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104(b) for fiscal years 2022 to 2025, a State 
shall obligate not less than 20 percent for 
projects described in subparagraph (E). 
‘‘(B) PROGRAM FLEXIBILITY.—A State re-
quired to obligate funds under subparagraph 
(A) may use any combination of funds appor-
tioned to a State under paragraphs (1) and (2) 
of section 104(b). 
‘‘(C) 
LIMITATION.—Amounts 
described 
below may not be used for the purposes of cal-
culating or meeting the minimum bridge invest-
ment requirement under subparagraph (A)— 
‘‘(i) amounts described in section 
133(d)(1)(A); 
‘‘(ii) amounts set aside under section 
133(h); and 
‘‘(iii) amounts described in section 
505(a). 
‘‘(D) RULE OF CONSTRUCTION.—Nothing 
in this section shall be construed to prohibit the 
expenditure of funds described in subparagraph 
(C) for bridge projects eligible under such sec-
tion. 
‘‘(E) ELIGIBLE
PROJECTS.—Funds re-
quired to be obligated in accordance with para-
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graph (2)(A) may be obligated for projects or 
activities that— 
‘‘(i) are otherwise eligible under either 
section 119 or section 133, as applicable; 
‘‘(ii) support the achievement of per-
formance targets of the State established 
under section 150 or provide support for 
the condition and performance of bridges 
on public roads within the State; and 
‘‘(iii) remove a bridge classified as in 
poor condition in order to improve commu-
nity connectivity, or replace, reconstruct, 
rehabilitate, preserve, or protect a bridge 
included on the national bridge inventory 
authorized by subsection (b), including 
through— 
‘‘(I) seismic retrofits; 
‘‘(II) systematic preventive main-
tenance; 
‘‘(III) installation of scour coun-
termeasures; 
‘‘(IV) the use of innovative mate-
rials that extend the service life of the 
bridge and reduce preservation costs, 
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as compared to conventionally de-
signed and constructed bridges; 
‘‘(V) the use of nontraditional 
production techniques, including fac-
tory prefabrication; 
‘‘(VI) painting for purposes of 
bridge protection; 
‘‘(VII) application of calcium 
magnesium acetate, sodium acetate/ 
formate, or other environmentally ac-
ceptable, minimally corrosive anti- 
icing and deicing compositions; 
‘‘(VIII) corrosion control; 
‘‘(IX) construction of protective 
features (including natural infrastruc-
ture) alone or in combination with 
other activities eligible under this 
paragraph to enhance resilience of a 
bridge; 
‘‘(X) bridge security counter-
measures; 
‘‘(XI) impact protection meas-
ures for bridges; 
‘‘(XII) inspection and evaluation 
of bridges; and 
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‘‘(XIII) training for bridge in-
spectors consistent with subsection (i). 
‘‘(F) BUNDLES
OF
PROJECTS.—A State 
may use a bundle of projects as described in 
subsection (j) to satisfy the requirements of 
subparagraph (A), if each project in the bundle 
is otherwise eligible under subparagraph (E). 
‘‘(G) FLEXIBILITY.—The Secretary may, 
at the request of a State, reduce the required 
obligation under subparagraph (A) if— 
‘‘(i) the reduction is consistent with a 
State’s asset management plan for the Na-
tional Highway System; 
‘‘(ii) the reduction will not limit a 
State’s ability to meet its performance tar-
gets under section 150 or to improve the 
condition and performance of bridges on 
public roads within the State; and 
‘‘(iii) the State demonstrates that it 
has inadequate needs to justify the expend-
iture. 
‘‘(H) BRIDGE INVESTMENT REPORT.—The 
Secretary shall annually publish on the website 
of the Department of Transportation a bridge 
investment report that includes— 
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‘‘(i) the total Federal funding obli-
gated for bridge projects in the most re-
cent fiscal year, on a State-by-State basis 
and broken out by Federal program; 
‘‘(ii) the total Federal funding obli-
gated, on a State-by-State basis and bro-
ken out by Federal program, for bridge 
projects carried out pursuant to the min-
imum 
bridge 
investment 
requirements 
under subparagraph (A); 
‘‘(iii) the progress made by each State 
toward meeting the minimum bridge in-
vestment requirement under subparagraph 
(A) for such State, both cumulatively and 
for the most recent fiscal year; 
‘‘(iv) a summary of— 
‘‘(I) each request made under 
subparagraph (G) by a State for a re-
duction in the minimum bridge invest-
ment requirement under subpara-
graph (A); and 
‘‘(II) for each request described 
in subclause (I) that is granted by the 
Secretary— 
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‘‘(aa) the percentage and 
dollar amount of the reduction; 
and 
‘‘(bb) an explanation of how 
the State met each of the criteria 
described in subparagraph (G); 
and 
‘‘(v) a summary of— 
‘‘(I) each request made by a 
State for a reduction in the obligation 
requirements under section 133(f); 
and 
‘‘(II) for each request that is 
granted by the Secretary— 
‘‘(aa) the percentage and 
dollar amount of the reduction; 
and 
‘‘(bb) an explanation of how 
the Secretary made the deter-
mination 
under 
section 
133(f)(2)(B). 
‘‘(I) OFF-SYSTEM BRIDGES.—A State may 
apply amounts obligated under this subsection 
or section 133(f)(2)(A) to the obligation re-
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quirements of both this subsection and section 
133(f). 
‘‘(J) NHS PENALTY.—A State may apply 
amounts obligated under this subsection or sec-
tion 119(f)(2) to the obligation requirements of 
both this subsection and section 119(f)(2). 
‘‘(K) COMPLIANCE.—If a State fails to 
satisfy the requirements of subparagraph (A) 
by the end of fiscal year 2025, the Secretary 
may subject the State to appropriate program 
sanctions under section 1.36 of title 23, Code of 
Federal Regulations (or successor regula-
tions).’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 1 of title 23, United States Code, is amended by strik-
ing the item relating to section 144 and inserting the fol-
lowing: 
‘‘144. Bridges and tunnels.’’. 
SEC. 1208. CONSTRUCTION OF FERRY BOATS AND FERRY 
TERMINAL FACILITIES. 
Section 147 of title 23, United States Code, is 
amended— 
(1) by striking subsection (h); and 
(2) by redesignating subsections (i) and (j) as 
subsections (h) and (i), respectively. 
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SEC. 1209. HIGHWAY SAFETY IMPROVEMENT PROGRAM. 
(a) IN GENERAL.—Section 148 of title 23, United 
States Code, is amended— 
(1) in subsection (a)— 
(A) in paragraph (4)(B)— 
(i) by striking ‘‘only includes a 
project’’ 
and 
inserting 
‘‘includes 
a 
project’’; 
(ii) in clause (xiii) by inserting ‘‘, in-
cluding the development of a vulnerable 
road user safety assessment or a vision 
zero plan under section 1601 of the IN-
VEST in America Act’’ after ‘‘safety plan-
ning’’; 
(iii) by amending clause (xviii) to read 
as follows: 
‘‘(xviii) Safe routes to school infra-
structure-related projects eligible under 
section 211.’’; 
(iv) in clause (xxvi) by inserting ‘‘or 
leading pedestrian intervals’’ after ‘‘hybrid 
beacons’’; and 
(v) by striking clause (xxviii) and in-
serting the following: 
‘‘(xxviii) A pedestrian security feature 
designed to slow or stop a motor vehicle. 
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‘‘(xxix) Installation of infrastructure 
improvements, including sidewalks, cross-
walks, signage, and bus stop shelters or 
protected waiting areas.’’; 
(B) in paragraph (11)— 
(i) in subparagraph (A)— 
(I) in clause (ix) by striking 
‘‘and’’ at the end; 
(II) by redesignating clause (x) 
as clause (xi); and 
(III) by inserting after clause (ix) 
the following: 
‘‘(x) State or local representatives of 
educational agencies to address safe routes 
to school and schoolbus safety; and’’; 
(ii) in subparagraph (E) by inserting 
‘‘Tribal,’’ after ‘‘State,’’; 
(iii) by redesignating subparagraphs 
(G), (H), and (I) as subparagraphs (H), 
(I), and (J), respectively; and 
(iv) by inserting after subparagraph 
(F) the following: 
‘‘(G) includes a vulnerable road user safety 
assessment described under paragraph (16);’’; 
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(C) by redesignating paragraphs (10), 
(11), and (12) as paragraphs (12), (13), and 
(14), respectively; 
(D) by inserting after paragraph (9) the 
following: 
‘‘(10) SAFE
SYSTEM
APPROACH.—The term 
‘safe system approach’ means a roadway design that 
emphasizes minimizing the risk of injury or fatality 
to road users and that— 
‘‘(A) takes into consideration the possi-
bility and likelihood of human error; 
‘‘(B) accommodates human injury toler-
ance by taking into consideration likely crash 
types, resulting impact forces, and the human 
body’s ability to withstand such forces; and 
‘‘(C) takes into consideration vulnerable 
road users. 
‘‘(11) SPECIFIED SAFETY PROJECT.— 
‘‘(A) IN
GENERAL.—The term ‘specified 
safety project’ means a project carried out for 
the purpose of safety under any other section of 
this title that is consistent with the State stra-
tegic highway safety plan. 
‘‘(B) INCLUSION.—The term ‘specified 
safety project’ includes a project that— 
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‘‘(i) promotes public awareness and 
informs the public regarding highway safe-
ty matters (including safety for motorcy-
clists, bicyclists, pedestrians, individuals 
with disabilities, and other road users); 
‘‘(ii) facilitates enforcement of traffic 
safety laws; 
‘‘(iii) provides infrastructure and in-
frastructure-related equipment to support 
emergency services; 
‘‘(iv) conducts safety-related research 
to evaluate experimental safety counter-
measures or equipment; or 
‘‘(v) supports safe routes to school 
noninfrastructure-related 
activities 
de-
scribed under section 211(e)(2).’’; and 
(E) by adding at the end the following: 
‘‘(15) VULNERABLE
ROAD
USER.—The term 
‘vulnerable road user’ means a nonmotorist— 
‘‘(A) with a fatality analysis reporting sys-
tem person attribute code that is included in 
the definition of the term ‘number of non-mo-
torized fatalities’ in section 490.205 of title 23, 
Code of Federal Regulations (or successor regu-
lation); or 
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‘‘(B) described in the term ‘number of 
non-motorized serious injuries’ in such section. 
‘‘(16) VULNERABLE
ROAD
USER
SAFETY
AS-
SESSMENT.—The term ‘vulnerable road user safety 
assessment’ means an assessment of the safety per-
formance of the State or a metropolitan planning or-
ganization within the State with respect to vulner-
able road users and the plan of the State or metro-
politan planning organization to improve the safety 
of vulnerable road users described in subsection 
(l).’’; 
(2) in subsection (c)— 
(A) in paragraph (1) by striking ‘‘(a)(11)’’ 
and inserting ‘‘(a)(13)’’; and 
(B) in paragraph (2)— 
(i) in subparagraph (A)(vi) by insert-
ing ‘‘, consistent with the vulnerable road 
user 
safety 
assessment’’ 
after 
‘‘non-
motorized crashes’’; 
(ii) in subparagraph (B)(i)— 
(I) by inserting ‘‘, consistent with 
a safe system approach,’’ after ‘‘iden-
tify’’; 
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(II) by inserting ‘‘excessive de-
sign speeds and speed limits,’’ after 
‘‘crossing needs,’’; and 
(III) by striking ‘‘motorists (in-
cluding motorcyclists), bicyclists, pe-
destrians, and other highway users’’ 
and inserting ‘‘road users’’; and 
(iii) in subparagraph (D)(iii) by strik-
ing ‘‘motorists (including motorcyclists), 
bicyclists, pedestrians, persons with disabil-
ities, and other highway users’’ and insert-
ing ‘‘road users’’; 
(3) in subsection (d)— 
(A) in paragraph (1)— 
(i) in subparagraph (A) by striking 
‘‘Not later than 1 year after the date of 
enactment of the MAP–21, the’’ and in-
serting ‘‘The’’; and 
(ii) in subparagraph (B)— 
(I) in clause (iv) by inserting 
‘‘and serious injury’’ after ‘‘fatality’’; 
(II) in clause (vii) by striking ‘‘; 
and’’ and inserting a semicolon; 
(III) 
by 
redesignating 
clause 
(viii) as clause (ix); and 
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(IV) by inserting after clause 
(vii) the following: 
‘‘(viii) the findings of a vulnerable 
road user safety assessment of the State; 
and’’; and 
(B) in paragraph (2)(B)(i) by striking 
‘‘subsection (a)(11)’’ and inserting ‘‘subsection 
(a)(13)’’; 
(4) in subsection (e)— 
(A) in paragraph (1)(C) by striking ‘‘, 
without regard to whether the project is in-
cluded in an applicable State strategic highway 
safety plan’’; and 
(B) by adding at the end the following: 
‘‘(3) FLEXIBLE FUNDING FOR SPECIFIED SAFE-
TY PROJECTS.— 
‘‘(A) IN GENERAL.—To advance the imple-
mentation of a State strategic highway safety 
plan, a State may use not more than 10 percent 
of the amounts apportioned to the State under 
section 104(b)(3) for a fiscal year to carry out 
specified safety projects. 
‘‘(B) RULE
OF
STATUTORY
CONSTRUC-
TION.—Nothing in this paragraph shall be con-
strued to require a State to revise any State 
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process, plan, or program in effect on the date 
of enactment of this paragraph. 
‘‘(C) EFFECT OF PARAGRAPH.— 
‘‘(i) 
REQUIREMENTS.—A 
project 
funded under this paragraph shall be sub-
ject to all requirements under this section 
that apply to a highway safety improve-
ment project. 
‘‘(ii) 
OTHER
APPORTIONED
PRO-
GRAMS.—Subparagraph (A) shall not apply 
to amounts that may be obligated for non-
infrastructure projects apportioned under 
any other paragraph of section 104(b).’’; 
(5) in subsection (g)— 
(A) by amending paragraph (1) to read as 
follows: 
‘‘(1) HIGH-RISK RURAL ROAD SAFETY.— 
‘‘(A) IN GENERAL.—If a State determines 
that the fatality rate on rural roads in such 
State for the most recent 2-year period for 
which data are available exceeds the median fa-
tality rate for rural roads among all States, 
that State shall be required to— 
‘‘(i) obligate over the 2 fiscal years 
following the fiscal year in which such de-
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termination is made for projects on high- 
risk rural roads an amount not less than 
7.5 percent of the amounts apportioned to 
the State under section 104(b)(3) for fiscal 
year 2020; and 
‘‘(ii) include, in the subsequent update 
to the State strategic highway safety plan, 
strategies to reduce the fatality rate. 
‘‘(B) SOURCE OF FUNDS.—Any amounts 
obligated under subparagraph (A) shall be from 
amounts described under section 133(d)(1)(B). 
‘‘(C) ANNUAL DETERMINATION.—The de-
termination described under subparagraph (A) 
shall be made on an annual basis. 
‘‘(D) CONSULTATION.—In carrying out a 
project with an amount obligated under sub-
paragraph (A), a State shall consult with, as 
applicable, 
local 
governments, 
metropolitan 
planning organizations, and regional transpor-
tation planning organizations.’’; 
(B) in paragraph (2)— 
(i) in the heading by striking ‘‘DRIV-
ERS’’ and inserting ‘‘ROAD USERS’’; and 
(ii) by striking ‘‘address the increases 
in’’ and inserting ‘‘reduce’’; and 
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(C) by adding at the end the following: 
‘‘(3) VULNERABLE ROAD USER SAFETY.— 
‘‘(A) IN GENERAL.—Beginning on the date 
of enactment of the INVEST in America Act, 
if a State determines that the number of vul-
nerable road user fatalities and serious injuries 
per capita in such State over the most recent 
2-year period for which data are available ex-
ceeds the median number of such fatalities and 
serious injuries per capita among all States, 
that State shall be required to obligate over the 
2 fiscal years following the fiscal year in which 
such determination is made an amount that is 
not less than 50 percent of the amount set 
aside in such State under section 133(h)(1) for 
fiscal year 2020, less any amounts obligated by 
a metropolitan planning organization in the 
State as required by subparagraph (D), for— 
‘‘(i) in the first fiscal year— 
‘‘(I) performing the vulnerable 
user safety assessment as prescribed 
by subsection (l); 
‘‘(II) providing matching funds 
for transportation alternatives safety 
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project 
as 
identified 
in 
section 
133(h)(7)(B); and 
‘‘(III) projects eligible under sec-
tion 133(h)(3)(A), (B), (C), or (I); 
and 
‘‘(ii) in each fiscal year thereafter, the 
program of projects identified in subsection 
(l)(2)(C). 
‘‘(B) SOURCE OF FUNDS.—Any amounts 
obligated under subparagraph (A) shall be from 
amounts described in section 133(d)(1)(B). 
‘‘(C) ANNUAL DETERMINATION.—The de-
termination described under subparagraph (A) 
shall be made on an annual basis. 
‘‘(D) METROPOLITAN
PLANNING
AREA 
WITH EXCESSIVE FATALITIES AND SERIOUS IN-
JURIES PER CAPITA.— 
‘‘(i) ANNUAL
DETERMINATION.—Be-
ginning on the date of enactment of the 
INVEST in America Act, a metropolitan 
planning organization representing an ur-
banized area with a population greater 
than 200,000 shall annually determine the 
number of vulnerable user road fatalities 
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and serious injuries per capita in such area 
over the most recent 2-year period. 
‘‘(ii) REQUIREMENT
TO
OBLIGATE 
FUNDS.—If such a metropolitan planning 
area organization determines that the 
number of vulnerable user road fatalities 
and serious injuries per capita in such area 
over the most recent 2-year period for 
which data are available exceeds the me-
dian number of such fatalities and serious 
injuries among all urbanized areas with a 
population of over 200,000, then there 
shall be obligated over the 2 fiscal years 
following the fiscal year in which such de-
termination is made an amount that is not 
less than 50 percent of the amount set 
aside for that urbanized area under section 
133(h)(2) for fiscal year 2020 for projects 
identified in the program of projects de-
scribed in subsection (l)(7)(C). 
‘‘(E) SOURCE OF FUNDS.— 
‘‘(i) METROPOLITAN PLANNING ORGA-
NIZATION IN STATE REQUIRED TO OBLI-
GATE
FUNDS.—For a metropolitan plan-
ning organization in a State required to 
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obligate funds to vulnerable user safety 
under subparagraph (A), the State shall be 
required to obligate from such amounts re-
quired to be obligated for vulnerable road 
user safety under subparagraph (B) for 
projects described in subsection (l)(7). 
‘‘(ii) OTHER
METROPOLITAN
PLAN-
NING
ORGANIZATIONS.—For a metropoli-
tan planning organization that is not lo-
cated within a State required to obligate 
funds to vulnerable user safety under sub-
paragraph (A), the State shall be required 
to obligate from amounts apportioned 
under section 104(b)(3) for projects de-
scribed in subsection (l)(7).’’; 
(6) in subsection (h)(1)(A) by inserting ‘‘, in-
cluding any efforts to reduce vehicle speed’’ after 
‘‘under this section’’; and 
(7) by adding at the end the following: 
‘‘(l) VULNERABLE ROAD USER SAFETY ASSESS-
MENT.— 
‘‘(1) IN GENERAL.—Not later than 1 year after 
date of enactment of the INVEST in America Act, 
each State shall create a vulnerable road user safety 
assessment. 
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‘‘(2) CONTENTS.—A vulnerable road user safety 
assessment required under paragraph (1) shall in-
clude— 
‘‘(A) a description of the location within 
the State of each vulnerable road user fatality 
and serious injury and the design speed of the 
roadway at any such location; 
‘‘(B) a description of any corridors identi-
fied by a State, in coordination with local gov-
ernments, metropolitan planning organizations, 
and regional transportation planning organiza-
tions that pose a high risk of a vulnerable road 
user fatality or serious injury and the design 
speeds of such corridors; and 
‘‘(C) a program of projects or strategies to 
reduce safety risks to vulnerable road users in 
corridors identified under subparagraph (B), in 
coordination with local governments, metropoli-
tan planning organizations, and regional trans-
portation planning organizations that represent 
a high-risk area identified under subparagraph 
(B). 
‘‘(3) ANALYSIS.—In creating a vulnerable road 
user safety assessment under this subsection, a 
State shall assess the last 5 years of available data. 
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‘‘(4) REQUIREMENTS.—In creating a vulnerable 
road user safety assessment under this subsection, a 
State shall— 
‘‘(A) take into consideration a safe system 
approach; and 
‘‘(B) coordinate with local governments, 
metropolitan planning organizations, and re-
gional transportation planning organizations 
that represent a high-risk area identified under 
paragraph (2)(B). 
‘‘(5) UPDATE.—A State shall update a vulner-
able road user safety assessment on the same sched-
ule as the State updates the State strategic highway 
safety plan. 
‘‘(6) TRANSPORTATION SYSTEM ACCESS.—The 
program of projects developed under paragraph 
(2)(C) may not degrade transportation system ac-
cess for vulnerable road users. 
‘‘(7) METROPOLITAN PLANNING AREA ASSESS-
MENTS.—A metropolitan planning organization that 
represents an urbanized area with a population 
greater than 200,000 shall complete a vulnerable 
user safety assessment based on the most recent 5 
years of available data, unless an assessment was 
completed in the previous 5 years, including— 
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‘‘(A) a description of the location within 
the urbanized area of each vulnerable road user 
fatality and serious injury and the design speed 
of the roadway at any such location; 
‘‘(B) a description of any corridors that 
represent a high-risk area identified under 
paragraph (2)(B) that pose a high risk of a vul-
nerable road user fatality or serious injury and 
the design speeds of such corridors; and 
‘‘(C) a program of projects or strategies to 
reduce safety risks to vulnerable road users in 
corridors identified under subparagraph (B).’’. 
(b) TECHNICAL AMENDMENT.—Section 148 of title 
23, United States Code, is amended— 
(1) in the heading for subsection (a)(8) by 
striking ‘‘ROAD
USERS’’ and inserting ‘‘ROAD 
USER’’; and 
(2) in subsection (i)(2)(D) by striking ‘‘safety 
safety’’ and inserting ‘‘safety’’. 
(c) HIGH-RISK RURAL ROADS.— 
(1) STUDY.—Not later than 2 years after the 
date of enactment of this Act, the Secretary of 
Transportation shall update the study described in 
paragraph (1) of section 1112(b) of MAP–21 (23 
U.S.C. 148 note). 
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(2) PUBLICATION OF REPORT.—Not later than 
2 years after the date of enactment of this Act, the 
Secretary shall publish on the website of the Depart-
ment of Transportation an updated report of the re-
port described in paragraph (2) of section 1112(b) 
of MAP–21 (23 U.S.C. 148 note). 
(3) BEST PRACTICES MANUAL.—Not later than 
180 days after the date of submission of the report 
described in paragraph (2), the Secretary shall up-
date the best practices manual described in section 
1112(b)(3) of MAP–21 (23 U.S.C. 148 note). 
SEC. 1210. CONGESTION MITIGATION AND AIR QUALITY IM-
PROVEMENT PROGRAM. 
Section 149 of title 23, United States Code, is 
amended— 
(1) in subsection (b)— 
(A) in paragraph (1)(A)(ii) by striking 
‘‘subsection (h)’’ and inserting ‘‘subsection (i)’’; 
(B) in paragraph (7) by inserting ‘‘shared 
micromobility (including bikesharing and shared 
scooter systems),’’ after ‘‘carsharing,’’; 
(C) in paragraph (8)(B) by striking ‘‘; or’’ 
and inserting a semicolon; 
(D) in paragraph (9) by striking the period 
and inserting ‘‘; or’’; and 
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(E) by adding at the end the following: 
‘‘(10) if the project or program mitigates sea-
sonal or temporary traffic congestion from long-haul 
travel or tourism.’’; 
(2) in subsection (c)— 
(A) in paragraph (2)— 
(i) in the heading by inserting ‘‘, HY-
DROGEN VEHICLE,’’ after ‘‘ELECTRIC VE-
HICLE’’; 
(ii) by inserting ‘‘hydrogen or’’ after 
‘‘charging stations or’’; and 
(iii) by inserting ‘‘, hydrogen-pow-
ered,’’ after ‘‘battery powered’’; and 
(B) in paragraph (3) by inserting ‘‘, and is 
consistent with section 166’’ after ‘‘travel 
times’’; and 
(3) by striking subsection (m) and inserting the 
following: 
‘‘(m) OPERATING ASSISTANCE.— 
‘‘(1) PROJECTS.—A State may obligate funds 
apportioned under section 104(b)(4) in an area of 
such State that is otherwise eligible for obligations 
of such funds for operating costs under chapter 53 
of title 49 or on a system for which CMAQ funding 
was made available, obligated, or expended in fiscal 
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year 2012, or, notwithstanding subsection (b), on a 
State-supported Amtrak route with a cost-sharing 
agreement under section 209 of the Passenger Rail 
Investment and Improvement Act of 2008 or alter-
native cost allocation under section 24712(g)(3) of 
title 49. 
‘‘(2) TIME
LIMITATION.—In determining the 
amount of time for which a State may obligate funds 
under paragraph (1) for operating assistance for an 
area of a State or on a system, the Secretary shall 
allow such obligations to occur, in such area or on 
such system— 
‘‘(A) with a time limitation of not less than 
3 years; and 
‘‘(B) in the case of projects that dem-
onstrate continued net air quality benefits be-
yond 3 years, as determined annually by the 
Secretary in consultation with the Adminis-
trator of the Environmental Protection Agency, 
with no imposed time limitation.’’. 
SEC. 1211. ELECTRIC VEHICLE CHARGING STATIONS. 
(a) ELECTRIC VEHICLE CHARGING STATIONS.— 
Chapter 1 of title 23, United States Code, is amended by 
inserting after section 154 the following new section: 
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‘‘§ 155. Electric vehicle charging stations 
‘‘(a) IN GENERAL.—Any electric vehicle charging in-
frastructure funded under this title shall be subject to the 
requirements of this section. 
‘‘(b) INTEROPERABILITY.— 
‘‘(1) IN
GENERAL.—Electric vehicle charging 
stations funded under this title shall provide, at a 
minimum, two of the following charging connector 
types at the location: 
‘‘(A) CCS. 
‘‘(B) CHAdeMO. 
‘‘(C) An alternative connector that meets 
applicable industry safety standards. 
‘‘(2) SAVINGS CLAUSE.—Nothing in this sub-
section shall prevent the use of charging types other 
than the connectors described in paragraph (1) if, at 
a minimum, such connectors meet applicable indus-
try safety standards and are compatible with a ma-
jority of electric vehicles in operation. 
‘‘(c) OPEN ACCESS TO PAYMENT.—Electric vehicle 
charging stations shall provide payment methods available 
to all members of the public to ensure secure, convenient, 
and equal access and shall not be limited by membership 
to a particular payment provider. 
‘‘(d) TREATMENT OF PROJECTS.—Notwithstanding 
any other provision of law, any project to install electric 
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vehicle charging infrastructure shall be treated as if the 
project is located on a Federal-aid highway.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 1 of title 23, United States Code, is amended by insert-
ing after the item relating to section 154 the following 
new item: 
‘‘155. Electric vehicle charging stations.’’. 
(c) ELECTRIC VEHICLE CHARGING SIGNAGE.—The 
Secretary of Transportation shall update the Manual on 
Uniform Traffic Control Devices to— 
(1) ensure uniformity in providing road users 
direction to electric charging stations that are open 
to the public; and 
(2) allow the use of Specific Service signs for 
electric vehicle charging station providers. 
(d) AGREEMENTS RELATING TO THE USE AND AC-
CESS
OF RIGHTS-OF-WAY
OF
THE INTERSTATE SYS-
TEM.—Section 111 of title 23, United States Code, is 
amended by adding at the end the following: 
‘‘(f) INTERSTATE SYSTEM RIGHTS-OF-WAY.— 
‘‘(1) IN GENERAL.—Notwithstanding subsection 
(a) or (b), the Secretary shall permit, consistent 
with section 155, the charging of electric vehicles on 
rights-of-way of the Interstate System in— 
‘‘(A) a rest area; or 
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‘‘(B) a fringe or corridor parking facility, 
including a park and ride facility. 
‘‘(2) SAVINGS CLAUSE.—Nothing in this sub-
section shall permit commercial activities on rights- 
of-way of the Interstate System, except as necessary 
for the charging of electric vehicles in accordance 
with this subsection.’’. 
SEC. 1212. NATIONAL HIGHWAY FREIGHT PROGRAM. 
Section 167 of title 23, United States Code, is 
amended— 
(1) in subsection (b)— 
(A) in paragraph (6) by striking ‘‘; and’’ 
and inserting a semicolon; and 
(B) by striking paragraph (7) and insert-
ing the following: 
‘‘(7) to reduce the environmental impacts of 
freight movement on the National Highway Freight 
Network, including— 
‘‘(A) greenhouse gas emissions; 
‘‘(B) local air pollution, including local pol-
lution derived from vehicles idling at railway 
crossings; 
‘‘(C) minimizing, capturing, or treating 
stormwater runoff and addressing other adverse 
impacts to water quality; and 
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‘‘(D) wildlife habitat loss; and 
‘‘(8) to decrease any adverse impact of freight 
transportation on communities located near freight 
facilities or freight corridors.’’; 
(2) in subsection (e) by adding at the end the 
following: 
‘‘(3) ADDITIONAL
MILEAGE.—Notwithstanding 
paragraph (2), a State that has designated at least 
90 percent of its maximum mileage described in 
paragraph (2) may designate up to an additional 
150 miles of critical rural freight corridors.’’; 
(3) in subsection (f) by adding at the end the 
following: 
‘‘(5) ADDITIONAL
MILEAGE.—Notwithstanding 
paragraph (4), a State that has designated at least 
90 percent of its maximum mileage described in 
paragraph (4) may designate up to an additional 75 
miles of critical urban freight corridors under para-
graphs (1) and (2).’’; 
(4) in subsection (h) by striking ‘‘Not later 
than’’ and all that follows through ‘‘shall prepare’’ 
and inserting ‘‘As part of the report required under 
section 503(b)(8), the Administrator shall biennially 
prepare’’; 
(5) in subsection (i)— 
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(A) by striking paragraphs (2) and (3); 
(B) by amending paragraph (4) to read as 
follows: 
‘‘(4) FREIGHT
PLANNING.—Notwithstanding 
any other provision of law, a State may not obligate 
funds apportioned to the State under section 
104(b)(5) unless the State has developed, updated, 
or amended, as applicable, a freight plan in accord-
ance with section 70202 of title 49.’’; 
(C) in paragraph (5)— 
(i) by striking subparagraph (B) and 
inserting the following: 
‘‘(B) LIMITATION.—The Federal share of 
a project described in subparagraph (C)(xxiii) 
shall fund only elements of such project that 
provide public benefits.’’; and 
(ii) in subparagraph (C)— 
(I) in clause (iii) by inserting 
‘‘and freight management and oper-
ations systems’’ after ‘‘freight trans-
portation systems’’; and 
(II) by amending clause (xxiii) to 
read as follows: 
‘‘(xxiii) Freight intermodal or freight 
rail projects, including— 
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‘‘(I) projects within the bound-
aries of public or private freight rail 
or water facilities (including ports); 
‘‘(II) projects that provide sur-
face transportation infrastructure nec-
essary to facilitate direct intermodal 
interchange, transfer, and access into 
or out of the facility; and 
‘‘(III) any other surface trans-
portation project to improve the flow 
of freight into or out of a facility de-
scribed in subclause (I) or (II).’’; 
(D) in paragraph (6) by striking ‘‘para-
graph (5)’’ and inserting ‘‘paragraph (3)’’; and 
(E) by redesignating paragraphs (4), (5), 
(6), and (7) as paragraphs (2), (3), (4), and 
(5), respectively; and 
(6) in subsection (k)(1)(A)(ii) by striking 
‘‘ports-of entry’’ and inserting ‘‘ports-of-entry’’. 
SEC. 1213. CARBON POLLUTION REDUCTION. 
(a) IN GENERAL.—Chapter 1 of title 23, United 
States Code, is amended by adding at the end the fol-
lowing: 
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‘‘§ 171. Carbon pollution reduction 
‘‘(a) ESTABLISHMENT.—The Secretary shall estab-
lish a carbon pollution reduction program to support the 
reduction of greenhouse gas emissions from the surface 
transportation system. 
‘‘(b) ELIGIBLE PROJECTS.—A project is eligible for 
funding under this section if such project— 
‘‘(1) is expected to yield a significant reduction 
in greenhouse gas emissions from the surface trans-
portation system; 
‘‘(2) will help a State meet the greenhouse gas 
emissions performance targets established under sec-
tion 150(c)(7); and 
‘‘(3) is— 
‘‘(A) eligible for assistance under this title 
or under chapter 53 of title 49; or 
‘‘(B) a capital project, as such term is de-
fined in section 22906 of title 49, to improve 
intercity rail passenger transportation, provided 
that the project will yield a significant reduction 
in single occupant vehicle trips and improve 
mobility on public roads. 
‘‘(c) GUIDANCE.—The Secretary shall issue guidance 
on methods of determining the reduction of single occu-
pant vehicle trips and improvement of mobility on public 
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roads as those factors relate to intercity rail passenger 
transportation projects under subsection (b)(4). 
‘‘(d) OPERATING EXPENSES.—A State may use not 
more than 10 percent of the funds provided under section 
104(b)(9) for the operating expenses of public transpor-
tation and passenger rail transportation projects. 
‘‘(e) SINGLE-OCCUPANCY VEHICLE HIGHWAY FA-
CILITIES.—None of the funds provided under this section 
may be used for a project that will result in the construc-
tion of new capacity available to single occupant vehicles 
unless the project consists of a high occupancy vehicle fa-
cility and is consistent with section 166. 
‘‘(f) EVALUATION.— 
‘‘(1) IN GENERAL.—The Secretary shall annu-
ally evaluate the progress of each State in carrying 
out the program under this section by comparing the 
percent change in carbon dioxide emissions per cap-
ita on public roads in the State calculated as— 
‘‘(A) the annual carbon dioxide emissions 
per capita on public roads in the State for the 
most recent year for which there is data; di-
vided by 
‘‘(B) the average annual carbon dioxide 
emissions per capita on public roads in the 
State in calendar years 2015 through 2019. 
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‘‘(2) MEASURES.—In conducting the evaluation 
under paragraph (1), the Secretary shall— 
‘‘(A) prior to the effective date of the 
greenhouse gas performance measures under 
section 150(c)(7), use such data as are avail-
able, which may include data on motor fuels 
usage published by the Federal Highway Ad-
ministration and information on emissions fac-
tors or coefficients published by the Energy In-
formation Administration of the Department of 
Energy; and 
‘‘(B) following the effective date of the 
greenhouse gas performance measures under 
section 150(c)(7), use such measures. 
‘‘(g) PROGRESS REPORT.—The Secretary shall annu-
ally issue a carbon pollution reduction progress report, to 
be made publicly available on the website of the Depart-
ment of Transportation, that includes— 
‘‘(1) the results of the evaluation under sub-
section (f) for each State; and 
‘‘(2) a ranking of all the States by the criteria 
under subsection (f), with the States that, for the 
year covered by such report, have the largest per-
centage reduction in annual carbon dioxide emissions 
per capita on public roads being ranked the highest. 
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‘‘(h) HIGH-PERFORMING STATES.— 
‘‘(1) DESIGNATION.—For purposes of this sec-
tion, each State that is 1 of the 15 highest ranked 
States, as determined under subsection (g)(2), and 
that achieves a reduction in carbon dioxide emissions 
per capita on public roads, as determined by the 
evaluation in subsection (f), shall be designated as a 
high-performing State for the following fiscal year. 
‘‘(2) USE OF FUNDS.—For each State that is 
designated as a high-performing State under para-
graph (1)— 
‘‘(A) notwithstanding section 120, the 
State may use funds made available under this 
title to pay the non-Federal share of a project 
under this section during any year for which 
such State is designated as a high-performing 
State; and 
‘‘(B) notwithstanding section 126, the 
State may transfer up to 50 percent of funds 
apportioned under section 104(b)(9) to the pro-
gram under section 104(b)(2) in any year for 
which such State is designated as a high-per-
forming State. 
‘‘(3) TRANSFER.—For each State that is 1 of 
the 15 lowest ranked States, as determined under 
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subsection (g)(2), the Secretary shall transfer 10 
percent of the amount apportioned to the State 
under section 104(b)(2) in the fiscal year following 
the year in which the State is so ranked, not includ-
ing amounts set aside under section 133(d)(1)(A) 
and under section 133(h) or 505(a), to the appor-
tionment of the State under section 104(b)(9). 
‘‘(4) LIMITATION.—The Secretary shall not 
conduct a transfer under paragraph (3)— 
‘‘(A) until the first fiscal year following the 
effective date of greenhouse gas performance 
measures under section 150(c)(7); and 
‘‘(B) with respect to a State in any fiscal 
year following the year in which such State 
achieves a reduction in carbon dioxide emissions 
per capita on public roads in such year as de-
termined by the evaluation under subsection (f). 
‘‘(i) REPORT.—Not later than 2 years after the date 
of enactment of this section and periodically thereafter, 
the Secretary, in consultation with the Administrator of 
the Environmental Protection Agency, shall issue a re-
port— 
‘‘(1) detailing, based on the best available 
science, what types of projects eligible for assistance 
under this section are expected to provide the most 
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significant greenhouse gas emissions reductions from 
the surface transportation sector; and 
‘‘(2) detailing, based on the best available 
science, what types of projects eligible for assistance 
under this section are not expected to provide sig-
nificant greenhouse gas emissions reductions from 
the surface transportation sector.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 1 of title 23, United States Code, is amended by add-
ing at the end the following new item: 
‘‘171. Carbon pollution reduction.’’. 
(c) APPLICABILITY.—Subsection (b)(2) of section 
171 of title 23, United States Code, as added by this sec-
tion, shall apply to a State beginning on the first fiscal 
year following the fiscal year in which the State sets green-
house gas performance targets under section 150(d) of 
title 23, United States Code. 
SEC. 1214. RECREATIONAL TRAILS. 
Section 206 of title 23, United States Code, is 
amended by adding at the end the following: 
‘‘(j) USE OF OTHER APPORTIONED FUNDS.—Funds 
apportioned to a State under section 104(b) that are obli-
gated for recreational trails and related projects shall be 
administered as if such funds were made available for pur-
poses described under this section.’’. 
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